As a participant in the Western Teamsters Welfare Trust Health and Welfare Plan for Active Regular Employees, (whether as an employee or a dependent), you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (“ERISA”). United States Department of Labor Regulations describe these rights and protections substantially as follows:

ERISA provides that all plan participants shall be entitled to:

1. Examine, without charge, at the administrative office of the plan and other specified locations, all documents under which the plan is maintained, including insurance contracts, collective bargaining agreements and copies of all documents filed by the plan with the United States Department of Labor, such as detailed annual reports and plan descriptions.
2. Retain copies of all plan documents and other plan information upon written request to the Board of Trustees. The Board of Trustees will make reasonable charge for the copies.
3. Receive a summary of the plan’s annual financial report. The Board of Trustees is required by law to furnish each participant with a copy of this summary financial report.

In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the plan. People who operate your plan, called “fiduciaries” of the plan, have a duty to do so prudently in the interest of you and other plan participants and beneficiaries.

No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a health and welfare benefit under the plan or exercising your rights under ERISA.

If your claim for a health and welfare benefit is denied in whole or in part, you must receive a written explanation of the reasons for the denial. You have the right to have the plan review and reconsider your claim.

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the plan and do not receive them within 30 days, you may file suit in the Federal court. In such case, the court may require the plan administrator to provide the materials and pay you up to $100 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the plan administrator. If you have a claim for benefits which is denied or ignored in whole or in part and you have exhausted the plan’s appeal procedures, you may file suit in a state or Federal court. If it should happen that plan fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.