Teamsters Local 805 Welfare Fund

SUMMARY PLAN DESCRIPTION -

OTHER INFORMATION YOU SHOULD KNOW

A. NOTICES SENT TO PARTICIPANTS OR DEPENDENTS

The Board of Trustees and/or Fund Office will give notice by first class mail to participants of actions taken with respect to eligibility, claims and other important matters affecting your rights and obligations under the Plan.

All such notices will be sent to your home address as it appears in the Fund Office's records. To protect yourself and your rights, be sure that at all times the Fund Office has your current address on file. If you fail to notify the Fund Office of your current address, you may miss receiving important information about your benefits.

Any notice sent to you at the address in the Fund Office's records will be deemed to have been received by you. The time in which you must reply to such a notice will not be extended based upon your failure to advise the Fund Office of your current address

B. MISREPRESENTATION AND FRAUD

You are required to furnish to the Plan, in writing, all information as may be reasonably requested for the purpose of establishing, maintaining and administering the Plan. Failure to comply with such requests promptly and in good faith will be sufficient grounds for delaying payment of benefits. The Board of Trustees will be the sole judge of the standard of proof required in any case, and may from time to time adopt such formulas, methods and procedures as the Board considers advisable.

The information that you give (or fail to give) to the Fund Office, including statements concerning your age and marital status, affects the determination of your benefits. If any of the information you provide is false, you may be required to indemnify and repay the Plan for any amount improperly paid by the Plan or for any losses or damages suffered by the Plan that are caused by your false statements. If a claim has been submitted for payment or paid by a Plan as a result of false statements, the Board of Trustees may seek reimbursement and may elect to pursue criminal or civil charges against you, which may include interest and attorney fees, and may revoke eligibility and/or offset future claim payments to recoup the amount owed.

Any participant who willfully and knowingly engages in an activity intended to defraud the Plan will face loss of Plan coverage. Furthermore, any participant who receives money from the Plan to which he or she is not entitled will be required to fully reimburse that Plan.

C. ASSIGNMENT AND ALIENATION

No benefit payable under the provisions of the Plan will be subject in any manner to assignment, alienation, sale, transfer, pledge, encumbrance or charge and any attempt to assign, alienate, sell, transfer, pledge, encumber or charge such benefits is void; provided, however, that a Participant or Dependent may assign payment of benefits to the provider that rendered the services or supplies by executing a proper assignment of benefits.

No benefit payable under the terms of this Plan shall be in any manner subject to the debts, contracts, or liabilities of, or claims against, a Participant, covered dependant or Beneficiary, including claims or creditors, claims for alimony and support, and any like claims, unless the assignment results from a judgment or order relating to child support, alimony payments or marital property rights under state family law and meets the requirements under the Plan.

D. NO INTEREST DUE ON PAYMENTS

The Plan will not pay interest on any payments due to you from the Plan, irrespective of whether there is a delay in your receipt of such payments.

E. PLAN AMENDMENT, MODIFICATION AND TERMINATION

The Trustees reserve the right, within their sole and absolute discretion, to amend, modify or terminate, in whole or in part, any or all of the provisions of this Plan (including any related documents and underlying policies), at any time and for any reason, by action of the Board of Trustees, or any duly authorized agent(s) of the Trustees, in such manner as may be duly authorized by the Trustees.

Without limiting any other Plan provisions for the discontinuance of insurance coverage, your coverage shall terminate when the Trustees terminate the Plan, or when you are no longer eligible to receive benefits under the Plan, whichever occurs first.

Neither you, nor your beneficiaries, nor any other person has or will have a vested or nonforfeitable right to receive benefits under the Plan.

F. PLAN INTERPRETATION

The Board of Trustees and/or its duly authorized designee(s) has the exclusive right, power, and authority, in its sole and absolute discretion, to administer, apply and interpret the Plan, including this booklet, the Trust Agreement and any other Plan documents, and to decide all matters arising in connection with the operation or administration of the Fund or Trust. Without limiting the generality of the foregoing, the Board of Trustees and/or its duly authorized designee(s) shall have the sole and absolute discretionary authority to:

• Take all actions and make all decisions with respect to the eligibility for, and the amount of, benefits payable under the Plan;
• Formulate, interpret and apply rules, regulations and policies necessary to administer the Plan in accordance with the terms of the plan;
• Decide questions, including legal or factual questions, relating to the calculation and payment of benefits under the Plan;
• Resolve and/or clarify any ambiguities, inconsistencies and omissions arising under the Plan, including this booklet, the Trust Agreement or other Plan documents;
• Process and approve or deny benefit claims; and
• Determine the standard of proof required in any case.

All determinations and interpretations made by the Board of Trustees and/or its duly authorized designee(s) shall be final and binding upon all participants, beneficiaries and any other individuals claiming benefits under the Plan. The Board of Trustees may delegate any other such duties or powers as it deems necessary to carry out the administration of the Plan.