Operating Engineers Vacation-Holiday Saving Trust

General Information

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Board of Trustees

ERISA Plan Information


INFORMATION REQUIRED BY THE EMPLOYEE 
RETIREMENT INCOME SECURITY ACT OF 1974

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.