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Stationary Engineers 39



As a Participant in the Plan, you are entitled to certain rights and protections under federal law via the Employee Retirement Income Security Act of 1974 (ERlSA). ERlSA entitles all Plan participants to certain rights, as outlined here.


Information About Plans and Benefits

You have the right to:

  • Examine, without charge, at the Fund Administrator’s Office and at other specified locations such as worksites and union halls, all Trust documents governing the Plan, including insurance contracts, collective bargaining agreements, and a copy of the latest annual report (Form 5500 series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration (EBSA).
  • Obtain, upon written request to the Fund Administrator, copies of documents governing the operation of the Plan, including insurance contracts, collective bargaining agreements, and copies of the latest annual report (Form 5500 series) and updated Summary Plan Description (there may be a reasonable charge for the copies).
  • Receive a summary of the Plan's annual financial report, which the Board of Trustees through the Fund Administrator, is required by law to furnish each participant.
  • Obtain a statement telling you whether you have a right to receive a pension at your Normal Retirement Date and, if so, what your benefits would be at your normal retirement date if you stopped working under the Plan now. If you do not have the right to a pension, the statement will tell you how many more years you have to work to earn one. This statement must be requested in writing and may not be provided more than once every 12 months. The Plan must provide the statement free of charge.


Prudent Actions by Plan Fiduciaries

In addition to creating rights for Plan Participants, ERlSA imposes duties upon the people responsible for the operation of the Plan, referred to as Plan fiduciaries. Plan fiduciaries have a duty to operate the Plan prudently and in the interest of you and other Plan Participants and Beneficiaries. No one, including your employer, any other person, or your union, may fire you or otherwise discriminate against you in any way to specifically prevent you from obtaining a pension benefit or exercising your rights under ERlSA.


Enforce Your Rights

If your claim for a pension benefit is denied or ignored, in whole or in part, you have the right to learn why this was done, to obtain copies of documents relating to the decision (without charge), and to appeal any denial, all within certain time schedules.

Under ERlSA, you can take steps to enforce the above rights. For instance, if you request a copy of the Plan documents or the latest annual report 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 Board of Trustees, through the Fund 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 of Trustees.

If you have a claim for benefits that is denied or ignored in whole or in part, you may file suit in a state or federal court. However, you may not begin any legal action, including proceedings before administrative agencies, until you have followed and exhausted the Plan's claims and appeals procedures.

In addition, if you disagree with the Plan's decision, or lack thereof, concerning the qualified status of a domestic relations order (QDRO), 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 file suit in a federal court. The court will decide which party should pay court costs and legal fees. If you are successful, the court may order the party you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees (if, for example, it finds your claim to be frivolous).


Assistance With Your Questions

If you have any questions about your Plan, you should contact the Fund Administrator as shown at (925) 208-2280 or (800) 622-0547. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Fund Administrator, you should contact the nearest office of the Employee Benefits Security Administration (EBSA), U.S. Department of Labor, listed in your telephone directory or the national office as follows:


Division of Technical Assistance and Inquiries

Employee Benefits Security Administration

U.S. Department of Labor

200 Constitution Avenue, NW

Washington, DC 20210



For more information about your rights and responsibilities under ERISA, visit www.dol.gov/ebsa.

Credit for Uniformed Service

If you worked for a Contributing Employer but then served in the United States military, you may qualify for Credited Service and benefits for such period(s) under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).


To qualify for Credit for Uniformed Service you must have:

  • Terminated or been discharged from your uniformed service under honorable conditions
  • Met USERRA’s advance notice requirement before you left Covered Employment
  • Remained on leave for no more than five years
  • Reapplied for Covered Employment within the time specified by USERRA.