The Appeals Committee of the Board of Trustees will review your ap- WHAT IF THE PENSION FUND peal at one of its quarterly meetings. Their reviews take into account AND TRUST TERMINATE? all comments, documents, records, and other information submitted by you, without regard to whether such information was submitted It is intended that the Pension Fund will continue indefinitely, but or considered in the initial benefit determination by the Fund Office. the Board of Trustees reserves the right and has the discretion to However, neither you nor your representative may make an appear- change and/or discontinue the Pension Fund and Trust at any time. ance before the Appeals Committee. The Trustees may terminate the Pension Fund and Trust by a docu- The decision of the Appeals Committee will generally be made by ment in writing executed by all of the Trustees, if in their opinion the meeting immediately following the date your appeal is received. the Fund is not adequate to carry out the intent and purpose of the If the appeal is received during the 30 days preceding that meeting, Pension Fund. The Pension Fund and Trust may also be terminated your appeal will not be reviewed, and the decision will not be made, if there are no individuals living who can qualify as participants until the second meeting following receipt of your appeal. or beneficiaries under the Pension Fund or if there are no longer For disability pensions, the Appeals Committee will not give any any collective bargaining agreements requiring contributions to deference to the initial adverse benefit determination of the Fund the Fund. The Pension Fund is considered terminated by law if it Office. The Appeals Committee will, when deciding a disability pen- is amended to provide that no further benefits will be earned by sion, based in whole or in part on a medical judgment, include a employees for employment with employers, if every employer consultation with a health care professional who has appropriate withdraws from the Pension Fund within the meaning of Section training and expertise in the field of medicine upon which the Fund 4203 of ERISA, upon the cessation of the obligation of all employ- Office’s determination was based. Such professional shall not be the ers to contribute under the Pension Fund, or if the Pension Fund is same individual, or from the same firm, that was consulted in con- amended to become a defined contribution Pension Fund. nection with the adverse determination that is the subject of your If the Pension Fund terminates, you will not accrue (earn) any fur- appeal. In addition, the Appeals Committee will give to you in its de- ther benefits under the Pension Fund. However, the benefits that cision, the identity of the medical or vocational experts whose advice you have already accrued will become vested — that is, nonforfeit- was obtained by the Fund in connection with the adverse benefit able — to the extent your benefits can be funded by the Fund assets determination or decision on appeal, without regard to whether the allocated to such benefits. advice was relied upon in making the benefit determination or de- If the termination occurs because the Pension Fund is amended to cision on appeal. provide that no further benefits will be earned by employees for The time for processing an appeal may be extended in special circum- employment with employers, or is amended to become a defined stances by giving written notice to you prior to the commencement of contribution plan, the Pension Fund will continue to pay nonfor- the extension. The notice will explain the special circumstances. Such feitable benefits. an extension can last only until the third meeting following receipt of If the Pension Fund terminates because there are no longer any the appeal. collective bargaining agreements requiring contributions to the The decision on appeals will be communicated to the Participant in Fund, the Pension Fund may be amended to reduce benefits to the writing and will be mailed within five days after the Appeals Com- extent necessary to ensure that the Fund’s assets are sufficient to mittee meeting at which the decision was made. If your appeal is pay nonforfeitable benefits when they are due. If the Pension Fund denied in whole or in part, the decision will include: (i) the specific has been amended and the Fund does not have enough assets to reason or reasons for the adverse decision; (ii) Specific reference pay nonforfeitable benefits, the Trustees have the authority to sus- to the provision or provisions of the Plan on which the denial is pend benefits. If benefits are suspended, the Pension Fund will based; (ii) a statement that the participant may receive, upon re- continue to pay the highest level of benefits that can be paid out of quest and free of charge, reasonable access to, and copies of, all the Pension Fund’s available resources. If benefits are suspended, documents, records, and other information relevant to the appli- the Pension Fund will not be required to make retroactive benefit cation; and (iv) a statement of the Participant’s right to bring an payments for that portion of a benefit that was suspended. action under Section 502(a) of ERISA. Once the Fund assets and nonforfeitable benefits are valued, the In making any application or appeal, you may be represented by Trustees, as a general rule, will use the available assets to purchase any authorized representative. If the representative is not an attor- annuity contracts to provide for your benefits. However, if the Pen- ney or a court-appointed guardian, you must designate the repre- sion Fund terminates because of an amendment, and the value of sentative in writing. your nonforfeitable benefit attributable to employer contributions SUMMARY PLAN DESCRIPTION 2023 // 27