First Data 2012 Annual Report Download - page 203

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.
Assistance With Questions
An executive who has questions about the Policy should contact the plan administrator. If an executive has any questions
about this statement or about his or her rights under ERISA, or if the executive needs assistance in obtaining documents
from the plan administrator, he or she should contact the nearest office of the Employee Benefits Security
Administration, U.S. Department of Labor, listed in a telephone directory or the Division of Technical Assistance and
Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW,
Washington, D.C. 20210. The executive may also obtain certain publications about his or her rights and responsibilities
under ERISA by calling the publication’s hotline of the Employee Benefits Security Administration.