FOREWORD - Wentworth Institute of Technology

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WIT Employee HandbookSection IV: BenefitsIV K. STATEMENT OF ERISA RIGHTSParticipants in benefit plans are entitled to certain rights and protections under theEmployment Retirement Income Security Act of 1974 (ERISA). ERISA provides thatall participants shall be entitled to the following.• The participant may examine, without charge, in the Human ResourcesDepartment (and at other specified locations, such as work sites and unionhalls) all benefit plan documents (including collective bargaining agreementsand copies of all documents filed by the plan with the U.S. Department ofLabor, such as detailed annual reports and plan descriptions).• The participant may obtain copies of all benefit plan documents and otherplan information upon written request to the Plan Administrator. TheAdministrator may make a reasonable charge for the copies.• The participant may receive a summary of the annual ERISA reports to theDepartment of Labor. The Administrator of the Plan is required by law tofurnish each participant with a copy of the summary annual reports.ERISA sets forth the duties of the people who are responsible for the operation ofbenefit plans. The people who operate the plans have a duty to do so prudently andin the interest of the participants and beneficiaries. No one, including the employer,may discharge or otherwise discriminate against participants in any way to preventthem from obtaining benefits to which they are entitled under the plans or exercisingtheir rights under ERISA.If an application for benefits under a plan is denied in whole or in part, the participantor beneficiary must receive a written explanation of the reasons for the denial.Participants have the right to have the Human Resources Department review andreconsider denied applications or requests on eligibility, participation or otheraspects of the operation of any plan and to have the insurance company review andreconsider denied claims under a group insurance contract.Under ERISA, participants may take steps to enforce their rights. For example, if aparticipant requests materials from a plan and does not receive them within 30 days,he or she may file suit in a federal court. In such a case, the court may require thePlan Administrator to provide the materials and pay the participant up to $100 a dayuntil he or she receives the materials, unless the materials were not sent due toreasons beyond the control of the Administrator.If a claim for benefits is denied or ignored, in whole or in part, the participant may filesuit in court. If the Human Resources Department’s responsibility to remit any planpremiums is not discharged according to the terms of a benefit plan or if a participantis discriminated against for asserting ERISA rights, he or she may seek assistancefrom the U.S. Department of Labor, or may file suit in a federal court. The court willdecide who should pay the court costs and legal fees. If the participant is successful,the court may order the person sued to pay these costs and fees. If the participantMarch 200954
WIT Employee HandbookSection IV: Benefitsloses, the court may order him or her to pay these costs and fees, for example, if itfinds the claim frivolous.Contact the Human Resources Department if you have any questions about thebenefits plan. If you have questions about this statement or your rights under ERISA,contact the nearest Area Office of the U.S. Labor Management ServicesAdministration, Department of Labor.March 200955
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FOREWORD - Wentworth Institute of Technology

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