writing and is not required to be given more than once a year. The Plan must provide the statement free of charge.
In addition to creating rights for Plan Participants, BRISA imposes duties upon the people who are responsible for the operation of the plan. The people who operate your Plan, called "fiduciaries" of the Plan, have a duty to do so p~dently 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 BRISA. If your claim for a pension 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 BRISA, 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 a 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 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Admiajstrator. 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 the 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 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. 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 BRISA, you should contact the nearest Area Office of the U.S. Pension and Welfare Benefits Administration, Department of Labor.
6. Is The Plan Insured By The Pension Benefit Guaranty Corporation (PBGC)?
No. Since the Plan is a defined contribution plan, it is not insured by the PBGC, the government agency which guarantees certain types of benefits under covered plans.
This document was specially prepared for the employees ··of the Faculty Student :Association of State University College at Buffalo. In cases where there is any ambiguity or inconsistency between the terms of the Plan Document or the individual annuity contracts or certificates and those of this Summary Plan Description, the terms of the annuity contracts or certificates are final, unless they violate ERISA or other applicable tax law.
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