V.  PLAN IDENTIFICATION AND YOUR LEGAL RIGHTS



Plan Name: CWA/ITU Negotiated Pension Plan

Plan Address: 1323 Aeroplaza Dr., Colorado Springs, CO 80916

Telephone:       719-473-3862          E-mail: membersvc@cwaitu.com

Fax:                    719-473-3134         Web Site:    www.cwaitu.com

 

Plan Sponsor: Board of Trustees   (at Plan address)

 
             Union Trustees                                        Employer Trustees
           Arthur DeIanni, Chairman                     Theodore R. Rilea, Jr., Secretary
           Robert C. Maida, Jr.                                Daniel J. Farberman
           Daniel Wasser                                         James Brill

 

Plan Administrator: Lori Castle

Employer Identification Number (EIN): 13-6212879, Plan Number:  001

Agent for Service Service may be made upon the Plan

 of Legal Process: Administrator or any Trustee.


A.  Plan Operations. The CWA/ITU Negotiated Pension Plan is a multiemployer, defined benefit pension plan.  The Plan's fiscal records are maintained on a calendar year ending December 31.  The Plan is administered by a joint Board of Trustees comprised of three Union Trustees and three Employer Trustees.  The Board of Trustees may amend the Plan (including changing the pension formula) and has discretion to interpret the Plan.  The Board's decisions are final and binding.

 
Participating employers contribute to this Plan in accordance with written collective bargaining agreements.  The Plan can only accept employee contributions under the limited circumstances described in the Plan document.  You may obtain information from the Plan Office as to whether a particular employer or local union sponsors the Plan and, if so, that employer or local union's address.

 
Benefits are provided from employer contributions and the Plan's investments.  The Plan's assets are held in trust by the Bank of New York Mellon, and by other investment institutions selected by the Board.  A list of Plan investments is available from the Plan Office.

 
B.  Rights under ERISA.  As a participant in the CWA/ITU Negotiated Pension Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA) ERISA provides that plan participants shall be entitled to:

Receive Information About Your Plan and Benefits - You have the right to:

      Obtain copies of documents governing the Plan's operation.  These include the Rehabilitation Plan, all related notices, the Plan Document and Summary Plan Description, Summary of Material Modifications, the Annual Funding Notice, periodic actuarial reports, and other financial reports, information and summaries, Collective Bargaining Agreements, and the latest annual report (Form 5500 Series).  There may be a reasonable charge for copies.  You can examine these documents without charge at the Plan Office (and in the case of the annual report, at the DOL EBSA Public Disclosure Room, 200 Constitution Avenue, NW, Washington, DC  20210).  More information and some of these documents are on the Plan's website at www.cwaitu.com.

      Receive the Annual Funding Notice, which provides information about the Plan's funding levels, assets and liabilities, number of Participants and a description of the benefits eligible to be guaranteed by the PBGC and other information.

      Obtain at no charge, a pension benefit statement reporting your eligibility for benefits and your nonforfeitable earned pension amount.

For documents, statements or questions about the Plan, contact the Plan Office.

Prudent Actions by Plan Fiduciaries- In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the Pension Fund.  The people who operate your plan, called fiduciaries, have a duty to do so prudently and in the interest of you and other plan Participants and Beneficiaries. No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA.

Enforce Your Rights

If you make a claim for a pension benefit that is denied or ignored, in whole or in part, you have a right to know 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.  If you request a copy of documents or the latest annual report from the Fund 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 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 plan.  If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court.  In addition, if you disagree with the Plan's decision, you may file suit in federal court.  If it should happen that plan fiduciaries misuse the plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the DOL, or you may file suit in a federal court.  If you wish to seek assistance from the DOL, you should contact the EBSA, which maintains regional and district offices covering your state or territory. You may obtain the contact information for the closest EBSA office (or receive other assistance) by calling their toll free Hotline at 1-866-444-EBSA[3272] (Text Telephone:  1-877-889-5627).  You can also obtain information on the EBSA's website at www.askebsa.dol.gov.  Additionally, your local telephone or government directory may list the EBSA office nearest to your residence.  If you choose to 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 costs and fees.  If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

 

C.  The Pension Benefit Guaranty Corporation. Your pension benefits under this multiemployer plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a Federal insurance agency.  Under the multiemployer plan program, the PBGC provides financial assistance through loans to plans that are insolvent.  A multiemployer plan is considered insolvent if the plan is unable to pay benefits (at least equal to the PBGCs guaranteed benefit limit) when due. The maximum benefit that the PBGC guarantees is set by law.  Under the multiemployer program, the PBGC guarantee equals a participant's years of service multiplied by (1) 100% of the first $11 of the monthly benefit accrual rate and (2) 75% of the next $33.  The PBGCs maximum guarantee limit is $35.75 per month times a participant's years of service.  For example, the maximum annual guarantee for a retiree with 30 years of service would be $12,870.  The PBGC guarantee generally covers:  (1) normal and early retirement benefits; (2) disability benefits if you become disabled before the plan becomes insolvent; and (3) certain benefits for your survivors. The PBGC guarantee generally does not cover:  (1) benefits greater than the maximum guaranteed amount set by law; (2) benefit increases and new benefits based on plan provisions that have been in place for fewer than 5 years at the earlier of:  (i) the date the plan terminates or (ii) the time the plan becomes insolvent; (3) benefits that are not vested because you have not worked long enough; (4) benefits for which you have not met all of the requirements at the time the plan becomes insolvent; and (5) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay, and severance pay.

 
For more information about the PBGC and the benefits it guarantees, ask your plan administrator or contact the PBGCs Technical Assistance Division, 1200 K Street, N.W., Suite 930, Washington, D.C. 20005‑4026 or call 202-326-4000 (not a toll-free number).  TTY/TDD users may call the federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4000.  Additional information about the PBGCs pension insurance program is available through the PBGCs website on the Internet at http://www.pbgc.gov.

 
Plan Termination Information. The Plan may be terminated by the Board of Trustees only with the consent of the union and a majority of the contributing employers.  In such event, all of the assets of the Plan shall be used for the exclusive benefit of participants and pensioners and allocated in the following order:


1.    Each pensioner, surviving spouse or beneficiary receiving a pension shall be entitled to a share equal to the actuarial present value of the remaining pension.


2.    Each Participant who has reached the age of 65 and is eligible for a Normal Pension shall be entitled to a share equal       to the actuarial present value of that pension.


3.    Each other Participant shall be entitled to a share equal to the total of all employer contributions received by the Plan on the Participant's behalf.


4.    Each Participant who has reached the age of 62 and is eligible for an Early Pension shall be entitled to a share equal to the actuarial present value of that pension less the Participant's share computed under 3.


5.    Each other Participant shall be entitled to a share equal to the actuarial present value of that Participant's pension less the Participant's share computed under 3.

 

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