IBEW Local 332 Pension Trust only stands behind written answers.

2004 SUMMARY PLAN DESCRIPTION
Page 1

"Only the full Board is authorized to interpret the Plans. The Board has discretion to decide all questions about the Plans, including questions about your eligibility for benefits and the amount of any benefits payable to you. No individual trustee, employer, union representative or employee of the Plan Administrator has authority to interpret these Plans on behalf of the Board or to act as an agent of the Board. The Board also has discretion to make any factual determinations concerning your claim.

The Board of Trustees has authorized the Plan Administrator's Office to respond in writing to your written or oral questions. If you have an important question about your benefits, you should write to the Plan administrator's office for a definitive answer."

This is where the Board takes the responsibility. Certain written questions must be answered by the Board in thirty days or the Plan can be forced to pay penalties of $110 per day.(pg seven, ENFORCE YOUR RIGHTS). (Not so for oral questions.) In my case, where the Board is the only one protecting my benefit (no third party involved in the DRO), I have a constitutional right to a trial of our dispute. So, strictly speaking the Board is not the only interpreter of the Plans. ERISA also allows federal judges to qualify domestic relations orders that are not agreed to by both the Plan and the Participant. 29 USC sec. 1056

HINT: The Plan is NOT the union, treat it like a business, they surely act like one. If you have a problem complain in writing to Judy Sargent. I spoke to the Business Manager and kept him informed but Judy is the go to person. And letters to her must be answered within 30 days and some have required reply subjects such as a hearing denial . It has been about 1800 days since my correction of the Plan QDRO took place so I had best go back and look for unanswered letters. 1800 X 110 = $198,000 per question.

By the way Judy has the 2009 plan financial statement (see earlier blog) waiting for me in PDF which will save me the 25 cents per copy fee.

Happy Trails