| 1. |
Name
of Plan
|
This
Plan is known as the Operating Engineers Vacation Holiday Savings Trust.
It is a collectively bargained, jointly-Trusteed, labor-management Trust. |
| 2. |
Plan
Administrator and Sponsor
|
The
Board of Trustees is the Plan Administrator. This means that the Board of
Trustees is responsible for seeing that information regarding the Plan is
reported to government agencies and disclosed to Plan participants and
beneficiaries in accordance with the requirements of the Employee Retirement
Income Security Act of 1974. |
| 3. |
Board
of Trustees
|
The
Board of Trustees consists of an equal number of employer and union
representatives, selected by the employers and union, in accordance with the
Trust Agreement which relates to this Plan.
If
you wish to contact the Board of Trustees, you may use the address and phone
number below:
Operating
Engineers Vacation-Holiday Savings Trust
100
E. Corson Street
Pasadena,
California 91103
(626)
356-1000
The
Trustees have designated the administrative organization named below to perform
the routine functions of the Plan:
Operating
Engineers Funds, Inc.
100
E. Corson Street
Pasadena,
California 91103
(626)
356-1000 |
| 4. |
Names,
Titles
and
Addresses
of
Any
Trustee
or
Trustees.
|
As
of November 1, 2005, the Trustees of this Plan are: |
|
|
EMPLOYER
TRUSTEES
|
|
|
William
Schmidt
SCHMIDT
CONSTRUCTION, INC.
7633
Loma Verde
Canoga
Park, CA 91304 |
Mitch White
MANSON CONSTRUCTION
1617 Pier "D" Street
Long Beach, CA 90802 |
|
Alexander
Rados
STEVE
P. RADOS, INC.
2002
E. McFadden Ave., #200
Santa
Ana, CA 92705 |
John Nelson
FCI CONSTRUCTORS, INC.
2585 Business Park Dr.
Vista, CA 92081 |
|
Chris
Maier
LES FARROW EXC & GRADING
17892 Jamestown Lane
Huntington Beach, CA 92647 |
Charles .W.
Poss
C/O ECM
5267 Warner Ave., #124
Huntington Beach, CA 92649 |
|
|
UNION
TRUSTEES |
|
|
William
C. Waggoner
I.U.O.E.,
Local #12
150
E. Corson Street
Pasadena,
CA 91103 |
Kurt Glass
I.U.O.E.,
Local #12
150
E. Corson Street
Pasadena,
CA 91103
|
|
Steve
Billy
I.U.O.E.,
Local #12
150
E. Corson Street
Pasadena,
CA 91103 |
Fred
Young
I.U.O.E.,
Local # 12
150 E. Corson Street
Pasadena, CA 91103 |
|
Mickey
J. Adams
I.U.O.E.,
Local #12
150
E. Corson Street
Pasadena,
CA 91103 |
|
|
 |
| 5. |
Identification
Numbers.
|
The number
assigned to the Plan by the Internal Revenue Service is 95-6067144 |
| 6. |
Agent
for Service of Legal Process
|
The name
and address of the agent designated for the service of legal process is:
Michael P. Graydon
Operating
Engineers Fund, Inc.
100
E. Corson Street
Pasadena,
California 91103
Legal
process may also be served on a Plan Trustee. |
| 7. |
Collective
Bargaining Agreement
|
Contributions
to this Plan are made on behalf of each employee in accordance with Collective
Bargaining Agreements between I.U.O.E., Local #12 and participating employers.
The
Fund Office will provide you, upon written request, a copy of the Collective
Bargaining Agreement. The
Collective Bargaining Agreement is also available for examination at the office
of the Plan Administrator. |
| 8. |
Source
of Contributions
|
The
benefits described in this section are provided through employer contributions
to this Plan. The amount of employer contributions to this Plan is
determined by the provisions of the Collective Bargaining Agreements with
employer representatives. The
Collective Bargaining Agreements require contributions to this Plan at a fixed
rate per hour worked. The Fund
Office will provide you, upon written request, information as to whether a
particular employer is contributing to this Plan on behalf of participants
working under the Collective Bargaining Agreements. |
| 9. |
Eligibility
Requirements
|
The
Plan's requirements regarding eligibility for participation and benefits, are
found in Article VII of the Trust Agreement of the Operating Engineers
Vacation-Holiday Savings Trust. |
| 10. |
Description
of circumstances which may result in disqualification, ineligibility, denial or
loss of benefits.
|
These
rules are found in Article VII of the Trust Agreement of the Operating Engineers
Vacation-Holiday Savings Trust.
|
| 11. |
Source
of financing of the Plan and identity of any organization through which benefits
are provided. |
Payments
are made to the Trust by individual employers under the provisions of the
Collective Bargaining Agreement. No outside organization is involved in
providing trust benefits. Benefits are provided from the Trust itself. |
| 12 |
Fiscal
Plan Year |
The fiscal
records of the Plan are kept separately for each Fiscal Plan Year. The
fiscal Plan Year begins on July 1 and ends on June 30. |
| 13 |
Review
Procedure
|
If
your claim is denied in whole or in part, you will receive a written explanation
giving detailed reasons for the denial, specific reference to the Plan
provisions on which the denial is based, a description of any additional
material or information necessary for you to perfect the claim and an
explanation of why such information or material is necessary, as well as an
explanation of our appeals procedure. A description of the appeals
procedure appears on page 131 of the Plan's Benefit Booklet.
|
| 14. |
Availability
of documents and other important
information.
|
As
a participant in the Operating Engineers Vacation-Holiday Savings
Trust, you are entitled to certain rights and protections under the Employee
Retirement Income Security Act of 1974 (ERISA). ERISA provides
that all Plan participants shall be entitled to:
 |
Examine,
without charge, at the Plan Administrator's office and at other
specified locations, such as work sites and union halls, all Plan documents,
including insurance contracts, Collective Bargaining
Agreements and copies of all documents filed by the Plan with the U.S.
Department of Labor, such as detailed annual reports and Plan descriptions. |
 |
Obtain
copies of all Plan documents and other Plan information upon written request to
the Plan Administrator. The Administrator may make a reasonable charge for
the copies. |
 |
Receive
a summary of the Plan's annual financial report. The Plan Administrator is
required by law to furnish each participant with a copy of
this summary annual report. |
In
addition to creating rights for Plan participants, ERISA imposes
duties upon the people who are
responsible for the operation of the
employee benefit plan. The
people who operate your Plan, called
"fiduciaries" of the
Plan, 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
welfare benefit or exercising your rights under ERISA. If your
claim for a welfare benefit is denied in whole or in part you must receive a
written explanation of the reason for the denial. You have the right to
have the Plan review and reconsider your claim. Under ERISA, there are steps
you can take to enforce the above rights. For instance, if you request materials
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 Plan Administrator to provide the materials and pay you up to $ 100 day
until you receive the materials, unless the materials were not sent
because of reasons beyond the control of the Administrator. 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. 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 U.S. Department of Labor, or you may file suit
in a state or 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, f or example, if it finds
your claim is frivolous. If you
have any questions about your Plan, you should contact the Plan Administrator.
If you have any questions about this statement or about your rights under
ERISA, you should contact the nearest office of the Office of Pension-Welfare
Benefit Programs, U.S. Department of Labor.

|