An Employee shall furnish any information or proof that the Trustees deem necessary or reasonable in order to administer this Plan. Employees shall cooperate
in complying with all reasonable requests of the Trustees.
IX.2 Contribution
Contributions to this Plan will be made by the Employers and in amounts specified in their respective Collective
Bargaining Agreements or by special agreement in writing between the Employer and the Trustees.
IX.3 Hearings before Board of Trustees and Arbitration
Any Employee or
beneficiary who applies for benefits and is ruled ineligible, or who is otherwise adversely affected by any action of the Trustees, shall have the following exclusive remedies, which shall be in lieu of the other
remedies which such Employee or beneficiary might otherwise have at law or in equity.
(1) Within sixty (60) days after written notice has been mailed, postage prepaid by certified mail, to the Employee or
beneficiary at his or her last known address as reflected on the records of the Plan administrator, the affected Employee or beneficiary may request a hearing before the Board of Trustees.
(2) The notice
shall set forth the specific reason for the denial or adverse action, specific references to any pertinent Plan provisions, a description of any additional material or information necessary for the claimant to perfect
the claim, an explanation of why such material information is needed, and an explanation of the Plan's review and hearing procedures.
(3) The request for hearing shall be mailed to the Board of Trustees in
care of the Plan administrator within the period set forth in subparagraph (a) above.
(4) The Board shall then hold a hearing on the matter at a special meeting within fifty (50) days after receiving the
written request for hearing, or at the next regular quarterly meeting.
(5) The Employee or beneficiary shall be notified of the date and place of the hearing at least ten (10) days prior thereto.
(6) At the hearing, the Employee or beneficiary may present his or her position in writing, may personally appear and present his or her position and/or may be represented by counsel to present his or her
position. At the hearing, the claimant and his or her counsel may review any and all pertinent documents which relate to the matter.
(7) Within ten (10) days after the hearing the Trustees shall
render a written decision on the matter either reaffirming, modifying or setting aside their former action. That written decision shall be mailed to the Employee or beneficiary.
(8) If the Employee or
beneficiary is dissatisfied with the written decision of the Trustees, he or she shall have the right to request the appointment of an impartial arbitrator to review the matter in accordance with the rules of the
American Arbitration Association. Such request must be filed, in writing, with the Trustees within sixty (60) days after written notice of the decision has been mailed, postage prepaid by certified mail, to the
Employee or beneficiary at his or her last known address as reflected in the records of the Plan administrator. The administrator will assist in the preparation of the request for arbitration, if asked to do so.
(9) In the event the matter is submitted to arbitration, the question for the arbitrator shall be whether, in the particular instance, the Trustees (1) were in error upon any issue of law, (2) acted
arbitrarily or capriciously in the exercise of their discretion, or (3) whether their findings of fact were supported by substantial evidence. The expenses of arbitration, including reasonable attorney's fees, shall be
borne by the losing party. The decision of the arbitrator shall be final and binding upon the Trustees and upon the appealing party.
IX.4 Availability of Documents
Copies of the Plan and
Trust Agreement, together with all amendments thereto, and other reports under the Employee Retirement Income Security Act of 1974 will be available to interested parties at the administrative office of the Plan.
IX.5 Expenses of Administration
The expenses of administering the Plan will be paid from the Trust Fund.
IX.6 Employer-Employee Relationship not Affected
This Plan is not intended to affect in any way the Employer-Employee relationship between any Employee and Employer hereunder. Such relationship shall continue under any Collective Bargaining Agreement or other
agreement between those parties which may be in effect from time to time.
IX.7 Merger or Consolidation
This Plan shall not be merged or consolidated with, nor shall any assets or liabilities be
transferred to, any other plan, unless the benefits payable to each participant, if the Plan was terminated immediately after such action, would be equal to or greater than the benefits to which such participant would
have been entitled if this Plan had been terminated immediately before such action.
IX.8 Assignment
A participant, or surviving beneficiary or estate of a participant, or a former participant,
shall have no right to assign, transfer, hypothecate, encumber, or anticipate his interest in, or any payment payable to him under, this Plan, nor shall any such interest or payment be subject to garnishment,
attachment, levy, execution, or other legal or equitable process. If any such person shall attempt to assign, transfer, or dispose of such right, or should such right be subject to attachment, execution,
garnishment, sequestration, levy, or other legal equitable process, then such assignment, transfer, disposition, attachment, execution, garnishment, sequestration, levy, or other legal or equitable process shall be null
and void. Nothing in this Section 11.08 shall prevent the entry of a valid qualified domestic relations order as defined in the Internal Revenue Code.
