Health and Welfare Summary Plan Description
13.3 Enforcing Your Rights.
If your claim for a Plan benefit is denied in whole or in part, you have a right to know why it was denied, to obtain copies of documents relating to the decision, without charge, and to appeal any denial, all within certain time limits. Under ERISA, there are steps you can take to enforce these rights. For instance, if you request a copy of certain Plan documents (required to be furnished) or the latest annual report (Form 5500) from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Board or the Board's delegate. If you have a Claim for benefits which is denied or ignored, in whole or in part, and which is upheld on appeal (or ignored), you may file suit in a state or federal court. As summarized earlier in this document, any lawsuit must be filed within two years of the denial on appeal or other action, omission or decision which adversely affected you or your benefits. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a QMCSO under Section 5.3, you may file suit in federal court. If 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 court costs and fees. If you lose (for example, if it finds your claim is frivolous), the court may order you to pay these costs and fees.