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ADMINISTRATIVE INFORMATION
This section provides you with information about how the Laborers’ Pension Plan is administered.
Plan Name
Laborers’ Pension Plan, commonly referred to as the Chicago Laborers’ Pension Plan.
Plan Sponsor
Board of Trustees of the Laborers’ Pension Fund.
Plan Administrator
Board of Trustees
Laborers’ Pension Fund
11465 West Cermak Road
Westchester, IL 60154
708-562-0200
The Board of Trustees has discretionary authority to determine eligibility for benefits and to interpret the provisions of the Plan. Benefits under the Plan will be paid only if the Board of Trustees decides in its discretion that the applicant is entitled to them. The Board of Trustees’ interpretation will be final and binding on all persons dealing with the Plan or claiming a benefit from the Plan. If a decision of the Board of Trustees is challenged in court, it is the intention of the parties that such decision be upheld unless it is determined to be arbitrary or capricious.
Board of Trustees
Union Trustees
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Employer Trustees
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Anthony Cantone
Laborers’ Local Union No. 225
9270 S. Archer Avenue
Willow Springs, IL 60480
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Clifton M. Horn
A. Horn, Inc.
125 Harrison Street
Barrington, IL 60010
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James P. Connolly
Chicago District Council of Laborers
999 McClintock Drive, Suite 300
Burr Ridge, IL 60527
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Karen Elin Johnson
Roughneck Concrete Drilling & Sawing Company
8400 Lehigh Avenue
Morton Grove, IL 60053
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Paul P. Connolly
Laborers' Local Union No. 4
3841 South Halsted Street
Chicago, IL 60609
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Robert G. Krug
K-Five Construction Corporation
13769 Main Street
Lemont, IL 60439
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Shawn Fitzgerald
Laborers' Local Union No. 152
409 Temple Avenue
Highland Park, IL 60035
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David H. Lorig
Lorig Construction Company
250 East Touhy Avenue
Des Plaines, IL 60018
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Charles LoVerde III
Chicago District Council of Laborers
999 McClintock Drive, Suite 300
Burr Ridge, IL 60527
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Gary Lundsberg
135 Basswood Road
Lake Forest, IL 60045
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Robert J. Hopkins, Jr.
Chicago Cut Concrete Cutters
674 Albion
Schaumburg, IL 60193
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Employer Identification Number (EIN)
36-2514514.
Plan Number
002.
Plan Year
June 1 through May 31.
Agent for Service of Legal Process
Catherine Wenskus is the agent for service of legal process. Service may be made on Catherine Wenskus or on any member of the Board of Trustees at:
Laborers’ Pension Fund
11465 West Cermak Road
Westchester, IL 60154
Collective Bargaining Agreements
This Plan is maintained pursuant to collective bargaining agreements between employers and the Construction and General Laborers’ District Council of Chicago and Vicinity. The Pension Department of the Fund Office will provide you, upon written request, a list of contributing employers or information as to whether a particular employer is contributing to the Plan on behalf of participants working under the collective bargaining agreements.
Source of Contributions
The benefits described in this booklet are provided through employer contributions. The provisions of the collective bargaining agreements determine the amount of employer contributions and the employees on whose behalf contributions are made. You are not required or permitted to make contributions to the Plan.
Pension Trust Assets and Reserves
All assets of the Plan are held in trust by the Board of Trustees to provide benefits and to defray reasonable administrative expenses.
Plan Type
This is a defined benefit plan maintained to provide retirement benefits for eligible participants.
Plan Amendment or Termination
The Board of Trustees reserves the right to terminate, modify, suspend, or amend the Pension Plan at any time, in whole or in part. The Board will make such changes to the Plan by amendment adopted at a meeting of the Board of Trustees. You will be notified in writing of any changes that are made.
If the Plan terminates or ends, the money in the Trust Fund, to the extent possible, will be used to provide the benefits that are due according to the priority required by law and stated in the Plan Document. Generally, the funds would first be used to pay for any administrative expenses and then provide the benefits of retired and active participants.
Benefits may be paid as soon as the Plan termination has been approved by government agencies, or payment may be deferred to a later time. The Board of Trustees will determine when benefits are to be paid and will obtain government approval, if necessary.
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The Trustees have the right to end this Plan. If there are not enough funds to pay benefits when the Plan ends, the PBGC provides insurance to help pay for most benefits.
Pension Benefit Guaranty Corporation Guarantee
Your pension benefits under this multiemployer plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. A multiemployer plan is a collectively bargained pension arrangement involving two or more unrelated Employers, usually in a common industry.
Under the multiemployer plan program, the PBGC provides financial assistance through loans to plans that are insolvent. A multiemployer plan is considered insolvent if the plan is unable to pay benefits (at least equal to the PBGC’s guaranteed benefit limit) when due.
Law sets the maximum benefit that the PBGC guarantees. Under the multiemployer program, the PBGC guarantee equals a participant’s years of service multiplied by (1) 100% of the first $11 of the monthly benefit accrual rate and (2) 75% of the next $33. The PBGC’s maximum guarantee limit is $35.75 per month times a participant’s years of service. For example, the maximum annual guarantee for a retiree with 30 years of service would be $12,870 (30 years x $35.75 per month x 12 months).
The PBGC guarantee generally covers:
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Regular and early retirement pensions;
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Disability benefits if you become disabled before the Plan becomes insolvent; and
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Certain benefits for your survivors.
The PBGC guarantee generally does not cover:
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Benefits greater than the maximum guaranteed amount set by law;
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Benefits based on Plan provisions that have been in place for fewer than five years at the earlier of the:
- Date the Plan terminates; or
- Time the Plan becomes insolvent;
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Benefits that are not vested because you have not worked long enough;
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Benefits for which you have not met all of the requirements at the time the Plan becomes insolvent; or
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Non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay, and severance pay.
For more information about the PBGC and the benefits that it guarantees, ask your Plan Administrator or contact:
Pension Benefit Guaranty Corporation
Technical Assistance Division
1200 K Street N.W., Suite 930
Washington, D.C. 20005-4026
You may also call the PBGC at 202-326-4000 (not a toll-free number). TTY/TDD users may call the federal relay service toll-free at 800-877-8339 and ask to be connected to 202-326-4000. Additional information about the PBGC’s pension insurance program is available through the PBGC’s web site at www.pbgc.gov.
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ERISA Rights
As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Plan participants are entitled to certain rights, as outlined in the following information.
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Receive copies of Plan information;
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Receive a statement telling you whether you have the right to a pension and the amount of the pension; and
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Bring a lawsuit to enforce your rights.
Receive Information About Your Plan and Benefits
You have the right to:
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Examine, without charge, at the Plan Administrator’s office and at other specified locations, such as worksites and Union halls, all documents governing the Plan, including insurance contracts, Collective Bargaining Agreements, and a copy of the latest annual report (Form 5500 series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration (EBSA);
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Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including insurance contracts, Collective Bargaining Agreements, and copies of the latest annual report (Form 5500 series) and updated Summary Plan Description (the Plan Administrator may make a reasonable charge for the copies);
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Receive a summary of the Plan’s annual financial report, which the Plan Administrator is required by law to furnish each participant; and
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Obtain a statement telling you whether you have a right to receive a pension at Normal Retirement Age (generally age 65) and if so, what your benefits would be at Normal Retirement Age if you stop working under the Plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to earn a right to a pension. This statement must be requested in writing and is not required to be given more than once every 12 months. The Plan must provide the statement free of charge.
Prudent Actions by Plan Fiduciaries
In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of a plan. The people who operate your Plan, called fiduciaries of the Plan, have a duty to do so prudently 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 ERISA.
Enforce Your Rights
If your claim for a pension benefit is denied or ignored, in whole or in part, you have 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 you can take to enforce the above rights. For instance, if you request a copy of the Plan Documents or the latest annual report from the Plan and do not receive them within 30 days, you may file 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 $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator.
If you have a claim for benefits that is denied or ignored, in whole or in part, you may file suit in a state or federal court. However, you may not begin any legal action, including proceedings before administrative agencies, until you have followed and exhausted the Plan’s claims and appeals procedures. In addition, if you disagree with the Plan’s decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in federal court. If it should happen that 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.
Assistance with Your Questions
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 ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the EBSA, U.S. Department of Labor, listed in your telephone directory or:
Nearest Regional Office
Chicago Regional Office
Employee Benefits Security Administration
200 West Adams Street, Suite 1600
Chicago, IL 60606
312-353-0900
National Office
Division of Technical Assistance and Inquiries
Employee Benefits Security Administration
200 Constitution Avenue N.W.
Washington, D.C. 20210
866-444-3272
For more information about your rights and responsibilities under ERISA, visit www.dol.gov/ebsa.
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