Operating Engineers Pension Fund

NOTICE


TO: ALL OPERATING ENGINEERS AND EMPLOYEES WHO ARE PARTICIPANTS IN THE. PENSION PLAN OF THE OPERATING ENGINEERS PENSION TRUST

An application is to be made to the Internal Revenue Service for an advance determination on the qualification of the following employee pension benefit plan:

  1. The name of the plan is the Pension Plan of the Operating Engineers Pension Trust.

  2. The plan identification number is 001.

  3. The applicant is the administrator of the plan.

  4. The identification number of the applicant is 95-6032478.

  5. The plan administrator is the Operating Engineers Pension Trust, 100 East Corson Street, Pasadena, California, 91103.

  6. The application will be filed on June 30, 2002, with the Key District Director, Internal Revenue Service at Post Office Box 192, Covington, Kentucky 41012-0192, for an advance determination as to whether the plan meets the qualification requirements of section 401 of the Internal Revenue Code of 1986, with respect to the plan’s amendments.

  7. The employees eligible to participate under the plan are the operating engineers covered by collective bargaining agreements in existence between employers in Southern California and Nevada and the International Union of Operating Engineers, Local Union No. 12. Also, the class includes non-bargaining employees of Local Union No. 12 and various employers.

  8. The Internal Revenue Service has previously issued a determination letter with respect to the qualification of this plan.

RIGHTS OF INTERESTED PARTIES

  1. You have the right to submit to EP Determinations, at the above address, either individually or jointly with other interested parties, your comments as to whether this plan meets the qualification requirements of the Internal Revenue Code.


You may instead, individually or jointly with other interested parties, request the Department of Labor to submit, on your behalf, comments to EP Determinations regarding qualification of the plan. If the Department declines to comment on all or some of the matters you raise, you may, individually, or jointly if your request was made to the Department jointly, submit your comments on these matters directly to EP Determinations.
 

REQUESTS FOR COMMENTS BY THE DEPARTMENT OF LABOR

  1. The Department of Labor may not comment on behalf of interested parties unless requested to do so by the lesser of 10 employees or 10 percent of the employees who qualify as interested parties. The number of persons needed for the Department to comment with respect to this plan is 10. If you request the Department to comment, your request must be in writing and must specify the matters upon which comments are requested, and must also include:

(1) the information contained in items 2 through 5 of this Notice; and

(2) the number of persons needed for the Department to comment.

A request to the Department to comment should be addressed as follows:

Deputy Assistant Secretary
Pension and Welfare Benefits Administration
ATTN: 3001 Comment Request
U.S. Department of Labor,
200 Constitution Avenue, N.W.
Washington, D.C. 20210

COMMENTS TO THE INTERNAL REVENUE SERVICE

  1. Comments submitted by you to EP Determinations must be in writing and received by them by August 14, 2002. However, if there are matters that you request the Department of Labor to comment upon on your behalf, and the Department declines, you may submit comments on these matters to EP Determinations to be received by them within 15 days from the time the Department notifies you that it will not comment on a particular matter, or by August 14,2002, whichever is later, but not after August 29, 2002. A request to the Department to comment on your behalf must be received by it by if you wish to preserve your right to comment on a matter upon which the Department declines to comment, or by if you wish to waive that right.

ADDITIONAL INFORMATION

  1. Detailed instructions regarding the requirements for notification of interested parties may be found in sections 17 and 18 of Revenue Procedure 2001-6. Additional information concerning this application (including, where applicable, an updated copy of the plan and related trust agreement; the application for determination; any additional documents dealing with the application that have been submitted to the IRS; and copies of section 17 of Revenue Procedure 2001-6) is available at Operating Engineers Pension Trust, 100 E. Corson Street, Pasadena, California 91103, during the hours of 9:00 a.m. to 5:00 p.m. for inspection and copying. There is a nominal charge for copying and/or mailing.