First Data 2007 Annual Report Download - page 401

20. Rights Under the Employee Retirement Income Security Act (ERISA)
As a participant in the Policy, an Eligible Executive is entitled to certain rights and protections under the Employee Retirement Income Security Act of
1974 (ERISA), which provides that all Policy participants shall be entitled to:
Receive Information About The Policy And Benefits
The executive may examine, without charge, at the plan administrator's office and at other specified locations such as worksites, all documents
governing the plan and a copy of the latest annual report (Form 5500 Series) filed with the U.S. Department of Labor and available at the Public Disclosure
Room of the Employee Benefits Security Administration.
The executive may obtain, upon written request to the plan administrator, copies of documents governing the operation of the Policy including copies of
the latest annual report (Form 5500 Series). The administrator may make a reasonable charge for the copies.
The executive may receive a summary of the plans' annual financial report. The plan administrator is required by law to furnish each participant with a
copy of this summary annual report.
Prudent Actions by Policy Fiduciaries
In addition to creating rights for Policy participants, ERISA imposes duties upon the people who are responsible for the operation of the employee
benefit plan. The people who operate the Policy, called "fiduciaries" of the Policy, have a duty to do so prudently and in the interest of the Policy participants
and beneficiaries. No one, including an executive's employer or any other person, may fire an executive or otherwise discriminate against an executive in any
way to prevent such executive from obtaining a welfare benefit or exercising his or her rights under ERISA.
Enforcement of Rights
If an executive's claim for benefits is denied or ignored, in whole or in part, the executive has a right to know why this was done, to obtain copies of
documents relating to the decision without charge, and to appeal any denial, all within certain time schedules.
Under ERISA, there are steps that can be taken to enforce the above rights. For example, if an executive requests a copy of Policy documents or the
latest annual report from the Policy and does not receive them within 30 days, the executive may file suit in a Federal court. In such a case, the court may
require the plan administrator to provide the materials, and pay the executive up to $110 a day until the executive receives the materials, unless the materials
were not sent because of reasons beyond the control of the administrator. If an executive has a claim for benefits which is denied or ignored, in whole or in
part, he or she may file suit in a state or Federal Court. If it should happen that the Policy fiduciaries misuse the plan's money, or if an executive is
discriminated against for asserting his or her rights, the executive may seek assistance from the U.S. Department of Labor, or may file a suit in a Federal
court. The court will decide who should pay court costs and legal fees. If the executive is successful the court may order the person the executive has sued to
pay these costs and fees. If the executive loses, the court may order the executive to pay these costs and fees, for example, if it finds the executive's claim is
frivolous.
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