Your Plan Rights
THR ManagementLP is required to provide youcertain protectionsadministeredby the Internal Revenue Service (IRS) and the United States Department of Labor. This Flexible Benefit Plan is classified by the Department of Labor as a “welfare plan” and bythe IRSas a “specified fringe benefit plan” under IRC s.6039(D). This Plan is also governed by Internal RevenueCode Section 125. Plan participants are entitled to certain protections and directions for recourse in the event of mistreatment by the Plan, its sponsor or administrator. Since these protections are essentially the same as federal law,this Statement of Rights is published here for your information. Statement of Plan Rights THR ManagementLP is designated as the Administratorin connection with claims processed under the Plan. Such claim matters may be served by directing the process to the Plan Administrator at THR Management LP • 100 ParkAvenue • 18 th Floor • NewYork,NY 10017. The Internal Revenue Code and specific Department of Labor Regulations were enacted to help assure that all employer-sponsored group benefit programs conformto standardsset by Congress. An employee who is a participant in the Flexible Benefits Plan is entitled to certain rights and protections under federal law, which provides that all participants will be entitled to (1) examine, without charge, at the Human Resources Office, all Plan documents and copies of all Plan documents and other Plan information upon written request to the Human Resources Office, subject to a reasonable charge for the copies; and (2) 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. Plan records are kept on a plan year basis. In addition to creating rights for Plan participants, federallaw imposes duties upon those responsible for the operation of a Plan who are called "fiduciaries" and who have a duty to operate the Plan prudently and in the interest of participants and beneficiaries. If a claim for a benefit under a Plan is denied in whole or part, the claimant must receive a written explanationof the reason for the denial. The claimant hastheright tohavetheclaimreviewed andreconsidered. Under federal law,there are steps an employee covered under a Plan can take to enforce the above rights. For instance, if the person requests materials and does not receive them within 30 days, the person may file suit in a federal court. In such a case, the court may require THR Management LP to provide the materials and paythat person up to a $110 a day untilthe person receives the materials, unless the materials were not sent because of reasons beyondthe controlofTHR Management LP.If a person has a claim for benefits which is denied or ignored, in whole or in part, the person may file suit in a state or federal court. If it should happen that Plan fiduciaries misuse the Plan's money, or if an employee covered under a Plan is discriminatedagainst for asserting his or her rights, the person may seek assistance from the U.S. Department of Labor, or may file suit in a federal court. The court will decide who should pay court costs and legal fees. If the claimant is successful, the court may order the Employer to paythese costs andfees. If the claimant loses, the court may order the claimant to paythese costs and fees, for example, if it finds the claim to be frivolous. If an employee covered under a Plan has any questions about the Plan, the employee should contact the Human Resources Department. If an employee has any questionsabout this statement of the employee's rights under federal law, the employee should contact the nearest Area Office of the U.S. Labor- ManagementServicesAdministration,Department ofLabor.
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