Retirement Plan
I.B.E.W. LOCAL 246 RETIREMENT PLAN
SUMMARY PLAN DESCRIPTION*
* Effective June 1, 2017, unless otherwise noted
I.B.E.W. LOCAL 246 RETIREMENT PLAN
BOARD OF TRUSTEES
Union Trustees Employer Trustees
John Fenske George Cattrell
Dave Pietro Anthony Shreve
Frank Redmond Robert E. Wickham
PLAN OFFICE
Ronald Komorowski
626 North Fourth Street
Steubenville, Ohio 43952
(740) 282-1251
PLAN COUNSEL
Timothy P. Piatt, Esq.
Macala & Piatt, LLC
601 S. Main St.
North Canton, Ohio 44720
(330) 493-1570
SPECIAL NOTICE!
It is extremely important that you keep the Plan Office informed of any change in address
and marital status. This is your obligation and failure to fulfill this obligation could
jeopardize your eligibility for benefits.
The importance of having a current and correct address on file as well as any update on your
marital status cannot be overstated! It is the ONLY way the Trustees can keep in touch with
you regarding Plan changes and other developments affecting your interests under the Plan.
I.B.E.W. LOCAL 246 RETIREMENT PLAN
TABLE OF CONTENTS
TRUSTEE LETTER………………………………………………………………………………………………………… i
INTRODUCTION ………………………………………………………………………………………………………….. 1
1. WHAT IS THE NAME OF THE PLAN? ……………………………………………………………….. 2
2. WHAT TYPE OF PLAN IS THIS?………………………………………………………………………… 2
3. WHAT IS THE PURPOSE OF THIS PLAN? …………………………………………………………. 2
4. WHEN WAS THE PLAN EFFECTIVE?………………………………………………………………… 2
5. WHAT IS THE PLAN YEAR FOR THE RETIREMENT PLAN?…………………………….. 2
6. WHEN DO I BECOME A PARTICIPANT IN THE RETIREMENT PLAN? …………….. 2
7. WHEN ARE BENEFITS PAID UNDER THE PLAN?…………………………………………….. 2
8. HOW DO I BECOME VESTED IN THE PLAN?……………………………………………………. 2
9. WHO PAYS THE COST OF THE RETIREMENT PLAN? ……………………………………… 3
10. CAN I MAKE VOLUNTARY CONTRIBUTIONS TO THE PLAN?………………………… 3
11. CAN I DEPOSIT MONEY I RECEIVED FROM A LUMP-SUM DISTRIBUTION
FROM ANOTHER DEFINED CONTRIBUTION PLAN?……………………………………….. 3
12. WHOSE RESPONSIBILITY IS IT TO ADMINISTER THE RETIREMENT PLAN?…. 3
13. IF I AM ELIGIBLE FOR A BENEFIT, HOW MUCH WILL I RECEIVE?………………… 3
14. WHAT IS AN INDIVIDUAL ACCOUNT? ……………………………………………………………. 4
15. WHEN IS THE NET INVESTMENT EARNINGS ADDED (OR SUBTRACTED) TO
MY ACCOUNT? …………………………………………………………………………………………………. 4
16. HOW WILL I KNOW HOW MUCH I HAVE IN MY INDIVIDUAL ACCOUNT?……. 4
17. HOW WILL MY TRUST FUND ASSETS BE INVESTED? ……………………………………. 5
18. WHEN CAN I RECEIVE PAYMENT FROM THE RETIREMENT PLAN?……………… 5
19. HOW WILL MY BENEFITS BE PAID?………………………………………………………………… 5
20. WHAT MUST I DO TO RECEIVE THE LUMP-SUM FORM OF PAYMENT?………… 7
21. IS THERE A TIME WHEN I AM REQUIRED TO BEGIN RECEIVING BENEFITS? . 7
I.B.E.W. LOCAL 246 RETIREMENT PLAN
22. WHAT IF I LEAVE THE INDUSTRY OR MOVE TO ANOTHER PART OF THE
COUNTRY BEFORE RETIREMENT?………………………………………………………………….. 8
23. UPON RETIREMENT, CAN I TAKE MY BENEFIT IN THE FORM OF A MONTHLY
BENEFIT? ………………………………………………………………………………………………………….. 8
24. CAN I ROLLOVER MY ACCOUNT BALANCE TO ANOTHER PLAN? ……………….. 9
25. WHAT HAPPENS TO MY BENEFITS IF I SERVE IN THE ARMED FORCES? …… 10
26. CAN I DESIGNATE A BENEFICIARY? …………………………………………………………….. 11
27. WHAT IF I AM AN ALTERNATE PAYEE PURSUANT TO A QUALIFIED
DOMESTIC RELATIONS ORDER? WHEN CAN I RECEIVE MY BENEFITS? …… 12
28. WILL I HAVE TO PAY TAX ON THE MONEY I RECEIVE FROM THIS PLAN?… 12
29. CAN I SIGN OVER MY RIGHTS TO MY INDIVIDUAL ACCOUNT TO MY
CREDITORS?……………………………………………………………………………………………………. 12
30. HOW DO I APPLY FOR BENEFITS? …………………………………………………………………. 13
31. WHAT ARE MY APPEAL RIGHTS?………………………………………………………………….. 15
32. TRUSTEE DISCRETIONARY AUTHORITY ……………………………………………………… 19
33. STATEMENT OF YOUR RIGHTS UNDER ERISA……………………………………………… 19
34. ADDITIONAL INFORMATION REQUIRED BY ERISA …………………………………….. 21
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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TRUSTEE LETTER
Dear Participants and Beneficiaries:
We are pleased to distribute this Summary Plan Description (“SPD”) of the benefits provided under
your Retirement Plan. This SPD is in a question and answer format in order to attempt to explain
the Plan in understandable language. This SPD includes all recent changes required by federal law
and replaces your previous Summary Plan Description.
This Plan has been created in order to provide you with a retirement benefit in addition to your
monthly benefit that will be provided under other pension plans you may belong to. This Plan will
be an important part of your total retirement income.
This is your SPD describing your Plan. Make sure you read it and put it in a safe place for future
reference. If at any time you have questions about your Retirement Plan, please contact the Plan
Office (“Office of the Administrative Manager”) at (740) 282-1251.
Respectfully Yours,
THE BOARD OF TRUSTEES
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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INTRODUCTION
This Plan is maintained pursuant to a Collective Bargaining Agreement and administered
in accordance with a Trust Agreement. Copies of the Collective Bargaining Agreement and the
Trust Agreement are available for examination by Participants and Beneficiaries at the Plan Office
or at the I.B.E.W. Local 246 (“Union Hall”). Simply notify the Plan Office in writing that you
want to see these documents and a time will be arranged. There may be a $0.25 per page copying
cost that you will need to pay.
The purpose of this SPD is to provide you with an easily understood explanation of the
more important portions of the I.B.E.W. Local 246 Retirement Plan. This is necessary because the
Plan Document itself must include many technical provisions that are difficult to understand.
Every effort has been made to avoid any conflict between the text of this SPD and the Plan
Document. However, in the event there is a conflict between the Plan Document and this SPD,
the Plan Document will control. A copy of the Plan Document is available for examination by
Participants and Beneficiaries at the Plan Office and the Union Hall.
A complete list of the employers contributing to the Retirement Plan is also available upon
written request to the Administrative Manager, and is available for copying by Participants and
Beneficiaries at a charge of $.25 per page. And, upon written request, Participants and
Beneficiaries can ask the Administrative Manager whether a particular employer or employee
organization is a sponsor of the Plan and, if so, what its address is.
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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1. WHAT IS THE NAME OF THE PLAN?
The formal name of the Plan is the I.B.E.W. Local 246 Retirement Plan.
2. WHAT TYPE OF PLAN IS THIS?
The Plan is a defined contribution plan and is provided through contributions made by your
employer to the Plan in accordance with the Collective Bargaining Agreement. The amount
remitted by your employer is credited to your Retirement Plan Individual Account balance.
3. WHAT IS THE PURPOSE OF THIS PLAN?
This Plan was established to provide you with additional benefits when you retire.
4. WHEN WAS THE PLAN EFFECTIVE?
The I.B.E.W. Local 246 Retirement Plan originally became effective December 1, 1979.
The Plan was most recently restated effective June 1, 2014.
5. WHAT IS THE PLAN YEAR FOR THE RETIREMENT PLAN?
The Plan Year is a 12-month period beginning June 1st and ending the following May 31st.
6. WHEN DO I BECOME A PARTICIPANT IN THE RETIREMENT PLAN?
You become a Participant when your Employer is required to make a contribution on your
behalf. In general, this requirement is controlled by the Collective Bargaining Agreement between
the Employer and the Union.
7. WHEN ARE BENEFITS PAID UNDER THE PLAN?
Benefit payments under the Plan will be made to eligible Participants upon Normal or Early
Retirement, Total and Permanent Disability Retirement, Death or Termination of Employment.
More specifics are available later in this SPD.
8. HOW DO I BECOME VESTED IN THE PLAN?
You are 100% vested when the Plan receives the first contributions on your behalf.
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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9. WHO PAYS THE COST OF THE RETIREMENT PLAN?
The entire amount paid into the Plan comes from the employer contributions. These
employer contributions are then invested in order to earn income. The cost of administering the
Retirement Plan is paid from the employer contributions and any investment income.
10. CAN I MAKE VOLUNTARY CONTRIBUTIONS TO THE PLAN?
No, personal voluntary contributions are not permitted.
11. CAN I DEPOSIT MONEY I RECEIVED FROM A LUMP-SUM DISTRIBUTION
FROM ANOTHER DEFINED CONTRIBUTION PLAN?
Yes, you can deposit a rollover distribution from another Qualified Defined Contribution
Plan, profit-sharing plan, or another plan described in Internal Revenue Code section 401(a) or
403(a). After-tax money cannot be rolled over into this Plan. Contact the Plan Office for forms
and more detailed instructions if you wish to roll money into this Plan.
12. WHOSE RESPONSIBILITY IS IT TO ADMINISTER THE RETIREMENT
PLAN?
The Plan is administered by a Board of Trustees which is made up of three (3) Union
Trustees and three (3) Employer Trustees. The Board must follow the terms of the Trust and the
Plan. The day-to-day operations of the Plan are administered by the Office of the Administrative
Manager located at 626 North Fourth Street, Steubenville, Ohio 43952.
13. IF I AM ELIGIBLE FOR A BENEFIT, HOW MUCH WILL I RECEIVE?
The amount of your benefit will be the balance in your Individual Account at the time you
become eligible for any payment of benefits. Generally, this is the sum of the contributions made
over the years on your behalf by your employer plus any net investment earnings (or losses)
attributed to your Individual Account (after payment of the administrative expenses).
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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14. WHAT IS AN INDIVIDUAL ACCOUNT?
Your Individual Account is the account established for each Participant and includes all
employer contributions made on your behalf and the amount of the net investment earnings (or
losses) attributed to your Individual Account each year (after your pro-rata share of any
administrative expenses are deducted).
15. WHEN IS THE NET INVESTMENT EARNINGS ADDED (OR SUBTRACTED)
TO MY ACCOUNT?
Investment earnings (or losses) are allocated to a Participant’s account on at least an annual
basis as determined by the Board of Trustees in accordance with any return earned on the Plan’s
investments.
The Plan may hold investments that are valued only at specific times (e.g. quarterly,
annually, etc.). Your account balance and benefit amount will be determined by the value of the
investments at the time your benefit amount and account balance are calculated by the
Administrative Manager. In order to take advantage of investments valued only quarterly,
annually, etc., you will need to wait to begin receiving your benefit until the end of that specific
time period. Please contact the Administrative Manager if you have questions or concerns.
16. HOW WILL I KNOW HOW MUCH I HAVE IN MY INDIVIDUAL ACCOUNT?
Annually, you will receive a statement of your Individual Account showing:
• the amount in your Individual Account as of the beginning of the Plan Year;
• any Employer contributions received during the Plan Year;
• the amount of the net investment earnings (or net investment losses subtracted)
from your Individual Account; and
• the balance in your Individual Account as of the end of the Plan year.
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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17. HOW WILL MY TRUST FUND ASSETS BE INVESTED?
The Trustees will try to obtain the highest investment yields available, consistent with safe
financial management. Such investments must be made in a prudent manner and in accordance
with the Employee Retirement Income Security Act of 1974 (“ERISA”).
18. WHEN CAN I RECEIVE PAYMENT FROM THE RETIREMENT PLAN?
In general, you and/or your Beneficiary will receive payment from your Individual Account
when:
• you retire from the industry and apply for a benefit from the Plan;
• you become Totally and Permanently disabled, as determined by the Trustees, and
you have been approved for disability benefits by the Social Security
Administration;
• you die; or
• If you are a Participant and Local 246 records show that you have not performed
work within the jurisdiction of the Union during a one-hundred eighty (180) day
period (as verified by the records of the Union), or signed a reciprocal agreement
for such period with another local union, you then have a right to request a
termination benefit. At that time, you shall be entitled to the full value of your
Individual Account.
The Plan’s Normal Retirement Age is 65. The Plan’s Early Retirement Age is 55.
19. HOW WILL MY BENEFITS BE PAID?
If you are eligible for benefits, your benefit type depends on your marital status and the
election you and your Spouse make. If you are married when you begin receiving benefits, you
will automatically receive your benefit as a Joint and 50% Survivor Annuity unless you and your
Spouse elect otherwise. This special payment form is called a “Qualified Joint and Survivor
Annuity” or “QJSA”. A QJSA gives your Spouse a retirement payment for the rest of his or her
life. With a QJSA, after you die, each month the plan will pay your Spouse fifty percent (50%) of
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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the retirement benefit that was paid to you. Your Spouse will receive this benefit for the rest of his
or her life.
As a Participant, you have the ability to waive the Qualified Joint and Survivor Annuity
payment form. The waiver must be in writing and must be consented to by your Spouse. Your
Spouse’s consent must be witnessed by a Plan representative or a notary public. The consent is
limited to that specific benefit and that specific Spouse. It is important to understand that any
decision to waive Survivor benefits is purely voluntary. Notwithstanding this consent requirement,
if a Participant establishes to the satisfaction of a Plan representative that the written consent of
his/her Spouse cannot be obtained because there is no Spouse, or the Spouse cannot be located, a
written waiver by the Participant will be permitted.
You can also waive a revocation without the consent of your Spouse at any time before the
commencement of benefits. The number of revocations is not limited. Any new waiver or change
of beneficiary will require a new spousal consent.
If you waive the QJSA, your Spouse will not receive any lifetime benefits after your death.
If you do not waive the QJSA, your monthly benefit will be less since it will be reduced to account
for the fact that your Spouse will continue getting a benefit after you die.
The Office of the Administrative Manager will send you and your Spouse information
regarding the QJSA so you and your Spouse can make an informed decision as to any election or
waiver of benefits either of you may wish to make. If you do not elect otherwise and your
Individual Account balance is greater than $1,000.00, or has ever exceeded $1,000.00, then the
Plan will provide you with an estimate or quote based upon the amount in your Individual Account.
You may then select an insurance company and the Plan will purchase the QJSA from the
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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insurance company of your choice. The amount of the monthly benefit will be determined by your
age, your Spouse’s age, and the amount in your Individual Account.
If you are not married on the date of the commencement of your benefit and you have not
selected a lump-sum, you will automatically receive a Life Annuity which will be paid in a monthly
benefit. The amount of the monthly benefit will depend on your age and the amount in the
Individual Account at the time of retirement. At that time, the Plan will take the amount in your
Individual Account and purchase a Life Annuity from an insurance company of your choice.
Please contact the Fund Office if you need more specific information or for the forms
necessary to apply for benefits.
20. WHAT MUST I DO TO RECEIVE THE LUMP-SUM FORM OF PAYMENT?
First, you and your Spouse must waive the QJSA. If you are not married, you must waive
the Life Annuity.
If the actuarial value of your benefit payable under the Plan does not exceed $1,000.00 and
has never exceeded $1,000.00, the Board of Trustees can, at its discretion, distribute your account
balance in full to you without your consent. If the actuarial value of your benefit exceeds $1,000.00
or has ever exceeded $1,000.00, you (and your Spouse if the value currently exceeds or ever has
exceeded $5,000.00) must consent in writing to the Administrative Manager in order for a lump-
sum distribution to be processed.
21. IS THERE A TIME WHEN I AM REQUIRED TO BEGIN RECEIVING
BENEFITS?
There are other federal laws and rules that generally require minimum payments to begin
no later than April 1st following the year in which you reach age 701⁄2. But, these required
minimum distributions are only required to begin on the April 1st following the calendar year in
which you retire after age 701⁄2, unless you are considered to be a 5% owner under applicable law.
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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Please contact the Office of the Administrative Manager if you feel you may be affected by this
rule.
22. WHAT IF I LEAVE THE INDUSTRY OR MOVE TO ANOTHER PART OF THE
COUNTRY BEFORE RETIREMENT?
If you are a Participant and the records of Local 246 show that you have not worked in its
jurisdiction for a period of at least one-hundred eighty (180) days or signed a reciprocal agreement
with another local union for such a period, then you have a right to request a Termination Benefit.
The Termination Benefit will be paid to you in a lump-sum form, subject to any restrictions with
respect to the QJSA requirements described in Questions 19-20. There will be a twenty-five dollar
($25.00) administrative charge deducted from your account as a termination fee for the cost of
processing this benefit.
23. UPON RETIREMENT, CAN I TAKE MY BENEFIT IN THE FORM OF A
MONTHLY BENEFIT?
Yes, so long as you meet the following criteria:
• You are at least age 55;
• You have retired from service within the Union’s jurisdiction;
• You notify the Administrative Manger that you have retired; and
• Your Individual Account Balance exceeds $50,000.00.
Such benefit election shall be in lieu of your receipt of your full account balance (in lump-
sum form), a single Life Annuity or a QJSA. Such payments shall be made in a minimum monthly
payment of $500.00 with the maximum of any monthly payment to be $4,000.00. The payment of
the monthly benefit to you shall commence on the first day of the month after the month in which
your application is completed and approved by the Fund office. The monthly benefit amount
elected by you shall be effective for the remainder of that calendar year and for the next succeeding
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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calendar year. You may elect to modify the monthly benefit amount by applying for such
modification, on appropriate forms supplied by the Fund office, on or before November 30th of a
calendar year in which you are eligible to elect a monthly benefit amount modification.
If you retire after April 1 following the year in which you attain age 701⁄2, the annual sum
of any monthly benefit amounts shall be equal to or greater than the quotient obtained by dividing
your Individual Account balance by your appropriate life expectancy. This amount shall constitute
a minimum required distribution which shall begin on the first calendar year for which
distributions are required and continue for each succeeding calendar year and the minimum
required distribution shall be calculated pursuant to applicable sections of the Internal Revenue
Code and regulations issued by the Internal Revenue Service.
All monthly benefit distributions shall be subject to the spousal consent requirements set
forth in Questions 19-20.
Nothing shall prohibit or prevent a Participant from electing at any time a benefit (other
than a monthly benefit) that the Participant is otherwise eligible for under the Plan.
24. CAN I ROLLOVER MY ACCOUNT BALANCE TO ANOTHER PLAN?
Yes. If you are receiving a lump sum or the monthly benefit described in Question 23, you
may be able to roll it over to an Eligible Retirement Plan. Eligible Retirement Plans include certain
individual retirement arrangements (IRAs), Internal Revenue Code Section 401(a) qualified plans,
certain Internal Revenue Code Section 403 annuity plans, and governmental Internal Revenue
Code Section 457(b) plans. Contact the Plan Office for more information.
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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25. WHAT HAPPENS TO MY BENEFITS IF I SERVE IN THE ARMED FORCES?
You will be given full credit, subject to certain restrictions, for benefit accrual, hours of
service, participation, vesting, and years of vesting service for when you are absent from work due
to military service. For more information, see www.dol.gov/vets.
The amount of credited service and contributions for qualified military service shall be
prorated based upon the average hours you worked and for which contributions are paid to the
Fund over a thirty-six (36) month period immediately preceding the qualified military service
period for which credit is being sought and is approved. You or your Beneficiary are responsible
for providing the Plan proof of hours worked during the above thirty-six (36) month period.
To receive continuing benefits, you must notify your Employer and/or the Union with
advance written or verbal notice of such service. Upon the completion of a period of service in
the uniformed services, you must notify your Employer and/or the Union of your intent to return
as follows:
• If you are absent for any period of time for the purposes of an examination to
determine your fitness to perform service in the uniformed services, or if your
period of service in the uniformed services was less than 31 days, by reporting to
the Employer and/or the Union:
o not later than the beginning of the first full regularly scheduled work period
on the first full calendar day following the completion of the period of
service and expiration of eight hours after a period allowing for your safe
transportation to the employee’s residence; or
o if reporting with that period is impossible or unreasonable through no faults
of your own, as soon as possible after the expiration of the eight-hour period
referred to above.
• If your period of service in the uniformed services was for more than 30 days but
less than 181 days, by submitting an application for reemployment with the
Employer not later than 14 days after the completion of the period of service. If
submitting such application within such period is impossible or unreasonable
through no fault of your own, the next first full calendar day when submission of
such application becomes possible.
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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• If your period of service in the uniformed services is for more than 180 days, by
submitting an application for reemployment with the Employer not later than 90
days after the completion of the period of service.
Furthermore, in order to restore the above retirement benefit rights, you must notify the
Plan Office in writing within sixty (60) days of your discharge of your intent to return to work.
Upon your honorable discharge from military service, your eligibility status under the Plan
will be restored to the status that existed when you entered military service, provided you fulfill
the notice and documentation requirements outlined above. You must also supply the Plan Office
with copies of your discharge papers showing the date of your induction or enlistment in military
service and the date of your discharge. Failure to do so and/or provide the above notice may be
deemed an indication that you do not wish to restore your eligibility status under the Plan.
If you are hospitalized for, or convalescing from, an illness or injury incurred in or
aggravated during the performance of service in the uniformed services, you must, at the end of
the period that is necessary to recover from such illness or injury report to your Employer and/or
the Union or submit an application for reemployment with such Employer and/or Union following
the same rules described above. Such period of recovery may not exceed two years. However, this
period shall be extended by the minimum time period to accommodate the circumstances beyond
such person’s control which make reporting within the period specified impossible or
unreasonable.
26. CAN I DESIGNATE A BENEFICIARY?
No. For purposes of any pre-retirement death benefit, Beneficiary means your legal Spouse
or your estate, if you have no Spouse or your Spouse dies before you. For purposes of any post-
retirement death benefit, your Beneficiary shall be your Spouse pursuant to a Qualified Joint and
50% Survivor Annuity Benefit or your estate (if you have no Spouse, your Spouse has waived his
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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or her rights to a Qualified Joint and 50% Survivor Annuity Benefit or your Spouse dies before
you).
27. WHAT IF I AM AN ALTERNATE PAYEE PURSUANT TO A QUALIFIED
DOMESTIC RELATIONS ORDER? WHEN CAN I RECEIVE MY BENEFITS?
An Alternate Payee may make a voluntary cash-out of his or her Individual Account
balance immediately (as soon as administratively feasible) if:
• a copy of any applicable divorce decree has been submitted to the Fund’s
Administrative Manager;
• A valid Qualified Domestic Relations Order has been presented to the Fund’s
Administrative Manager and approved by the Board of Trustees; and
• You have completed a valid written Application for Benefits and submitted it to the
Plan office.
The Trustees have adopted a procedure for the processing of all Qualified Domestic
Relations Orders. You can request a copy of the procedure from the Administrative Manager.
28. WILL I HAVE TO PAY TAX ON THE MONEY I RECEIVE FROM THIS PLAN?
The money that has accumulated in your Individual Account has not been previously taxed.
Due to the potential tax consequences of receiving a distribution under the Plan, it is
recommended that you discuss the effects of the distribution with a competent tax advisor,
attorney, or accountant.
29. CAN I SIGN OVER MY RIGHTS TO MY INDIVIDUAL ACCOUNT TO MY
CREDITORS?
No. Except for Qualified Domestic Relations Orders and certain Federal tax liens, the Plan
is prohibited from assigning, pledging, or otherwise disposing of your rights to any payment from
your Individual Account.
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30. HOW DO I APPLY FOR BENEFITS?
A Participant, Alternate Payee, Beneficiary or his/her authorized representative may file a
claim for benefits with the Fund’s Administrative Manager or the Fund office. The claim must be
in writing, must state the basis of the claim, and must authorize the Fund’s Administrative Manager
to conduct all necessary investigations into the claim.
The Board of Trustees, or its designated committee, shall make all determinations
regarding the validity of the claim. Upon any partial or total adverse benefit determination, the
Fund shall deliver or mail a Notice of Denial to the Participant, Alternate Payee, Beneficiary
(“Claimant”) within ninety (90) days of the filing of the claim, except in the case of a disability
retirement benefit claim. In the case of a claim for disability retirement benefits, the
Administrative Manager shall notify the Claimant, of the Plan’s adverse benefit determination
within a reasonable period of time, but not later than 45 days after receipt of the claim by the Plan.
This period may be extended by the Plan for up to 30 days, provided that the Administrative
Manager both determines that such an extension is necessary due to matters beyond the control of
the Plan and notifies the Claimant, prior to the expiration of the initial 45-day period, of the
circumstances requiring the extension of time and the date by which the Plan expects to render a
decision.
If, prior to the end of the first 30-day extension period, the Administrative Manager
determines that, due to matters beyond the control of the Plan, a decision cannot be rendered within
that extension period, the period for making the determination may be extended for up to an
additional 30 days, provided that the Administrative Manager notifies the Claimant, prior to the
expiration of the first 30-day extension period, of the circumstances requiring the extension and
the date as of which the Plan expects to render a decision. In the case of an any extension under
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this paragraph, the notice of extension shall specifically explain the standards on which entitlement
to a benefit is based, the unresolved issues that prevent a decision on the claim, and the additional
information needed to resolve those issues, and the Claimant shall be afforded at least 45 days
within which to provide the specified information.
The period of time within which a benefit determination is required to be made, for both
disability retirement benefits and other types of benefits under the Plan, will begin at the time the
claim is filed in accordance with the reasonable procedures of the Plan, without regard to whether
all information necessary to make a benefit determination accompanies the filing. If additional
information is necessary to make a benefit determination, the period of time for making the benefit
determination shall be tolled from the date the notification for additional information is requested
until the Claimant responds to the request for additional information.
The notice shall be written in a manner calculated to be understood by you, and shall
contain:
• the specific reason or reasons for the adverse benefit determination;
• the specific reference to pertinent plan provisions on which the determination was
based;
• a description of any additional material or information necessary for you or your
representative to perfect your claim and an explanation of why such material or
information is necessary;
• a description of the plan’s review procedures and the time limits applicable to such
procedures, including a statement of your right to bring a civil action under section
502(a) of the Act following an adverse benefit determination on review;
• in the case of an adverse benefit determination by the Plan regarding disability
retirement benefits.
o If an internal rule, guideline, protocol, or other similar criterion was relied
upon in making the adverse determination, either the specific rule,
guideline, protocol, or other similar criterion; or a statement that such a rule,
guideline, protocol, or other similar criterion was relied upon in making the
I.B.E.W. LOCAL 246 RETIREMENT PLAN
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adverse determination and that a copy of such rule, guideline, protocol, or
other criterion will be provided free of charge to you or your representative
upon request; or
o If the adverse benefit determination is based on a medical necessity or
experimental treatment or similar exclusion or limit, either an explanation
of the scientific or clinical judgment for the determination, applying the
terms of the plan to your medical circumstances, or a statement that such
explanation will be provided free to charge upon request.
31. WHAT ARE MY APPEAL RIGHTS?
Except in the case of a disability retirement benefit claim, you or your authorized
representative may appeal the decision of the Fund by written notice received by the Board of
Trustees within sixty (60) days of the mailing of the notice of an adverse benefit determination.
In the case of a disability benefit claim you or your representative may appeal the decision within
one hundred eighty (180) days of the mailing of the notice of an adverse benefit determination.
The written notice only needs to state your name, address, and the fact that you or your
representative is appealing from the decision of the Board of Trustees, giving the date of the
decision appealed from. The appeal shall be addressed as follows:
Board of Trustees
I.B.E.W. Local 246 Retirement Plan
626 North 4th Street
Steubenville, OH 43952
The Plan shall:
(1) provide you or your representative the opportunity to submit written comments,
documents, records, and other information relating to the claim for benefits;
(2) provide that you or your representative shall be provided, upon request and free of
charge, reasonable access to, and copies of, all documents, records and other
information relevant to the your claim for benefits; and
(3) provide for a review that takes into account all comments, documents, records, and
other information submitted by you or your representative relating to the claim,
without regard to whether such information was submitted or considered in the
initial benefit determination.
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In the case of a disability benefit claim, the Plan shall:
(1) provide for a review that does not afford deference to the initial adverse benefit
determination and that is conducted by an appropriate named fiduciary of the Plan
who is neither the individual who made the adverse benefit determination that is
the subject of the appeal, nor the subordinate of such individual;
(2) provide that, in deciding any appeal of any adverse benefit determination that is
based in whole or in part on a medical judgment, including determinations with
regard to whether a particular treatment, drug, or other item is experimental,
investigational, or not medically necessary or appropriate, the appropriate named
fiduciary shall consult with a health care professional who has appropriate training
experience in the field of medicine involved in the medical judgment;
(3) provide for the identification of medical or vocational experts whose advice was
obtained on behalf of the Plan in connection with your adverse benefit
determination, without regard to whether the advice was relied upon in making the
benefit determination; and
(4) provide that the health care professional engaged for purposes of a consultation
shall be an individual who is neither an individual who was consulted in connection
with the adverse benefit determination that is the subject of the appeal, nor the
subordinate of any such individual.
Prior to a determination on the appeal, you or your authorized representative may have an
opportunity to review necessary and pertinent documents upon which the denial in whole or in part
is based and may submit written issues and comments pertinent to the appeal.
Except in the case of a disability retirement benefit claim, the Board of Trustees shall
consider your or your representative’s appeal of benefit claim no later than its regular quarterly
meeting, which immediately follows the receipt of the notice of appeal, unless such notice was
filed within thirty (30) days preceding the date of such meeting. If the notice of appeal was
received within thirty (30) days prior to the next regular quarterly meeting, the Board of Trustees
may consider the appeal at the second regular quarterly meeting following the receipt of the notice
of appeal. In the case of a disability retirement benefit claim the Board of Trustees shall consider
such an appeal within forty-five (45) days following receipt of the appeal.
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If special circumstances exist regarding a benefit claim, the Board of Trustees may take an
extension of time, to the next regularly scheduled meeting, to review the claim, provided that the
you or your representative are given a notice describing the special circumstances prior to the
expiration of the original review period.
After consideration of the appeal as above, the Board of Trustees shall advise you or your
representative of its decision in writing within five (5) days following the meeting at which the
appeal was considered. The decision of the Board of Trustees shall set forth specific reasons for
their conclusions and shall be written in a manner calculated to be understood by you and shall
make references to the pertinent Plan provision(s) upon which the decision is based. The decision
shall be final and binding upon you unless further appealed as provided below. Notification of an
adverse benefit determination upon appeal shall contain:
(1) the specific reasons or reasons for the adverse determination;
(2) reference to specific Plan provisions on which the determination is based;
(3) a statement that you are entitled to receive, upon request and free of charge,
reasonable access to, and copies of, all documents, records and other information
relevant to your claim for benefits;
(4) a description of the Plan’s procedures regarding a hearing before the Board of
Trustees and the time limits applicable to such procedures, including a statement of
your right to bring civil action under ERISA Section 502(a) following an adverse
benefit determination on appeal from the Board of Trustees; and
(5) the following statement “You and your plan may have other voluntary alternative
dispute resolution options, such as mediation. One way to find out way may be
available is to contact your local U.S. Department of Labor Office.
A full hearing before the Board of Trustees shall be held when:
(1) The Board of Trustees determines, prior to making a decision on appeal, that a
hearing is necessary. In such event, the Board of Trustees shall notify you or your
representative of the date, time, and place set for a full hearing on your appeal by
regular mail addressed to you as shown on the notice of appeal.
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(2) You or your representative request a full hearing before the Board of Trustees by
written notice within fifteen (15) days after receipt of the Board of Trustees’
decision on appeal. The written notice needs to state only your name, address, and
the fact that you are requesting a full hearing before the Board of Trustees, giving
the date of the decision of the Board of Trustees.
(3) In no case shall the date for the hearing set forth in subparagraph (1) or
subparagraph (2) above be set for a time later than the third regular meeting of the
Board of Trustees following the receipt of the original notice of appeal. Any
claimant who had a hearing under subparagraph (1) above shall not be entitled to a
hearing under subparagraph (2) above.
The Hearing:
(1) A full written report shall be kept of the proceedings of the hearing.
(a) In conducting the hearing, the Board of Trustees shall not be bound by the
usual common law or statutory rules of evidence.
(b) You or your representative shall have the right to review the written record
of the hearing, make a copy of it and file objections to it.
(c) There shall be copies made of all documents and records introduced at the
hearing, attached to the record of the hearing, and made a part of it.
(d) All information upon which the Board of Trustees based its original
decision shall be disclosed to you or your representative at the hearing.
(e) In the event that additional evidence is introduced by the Board of Trustees
which was not made available to you or your representative prior to the
hearing, you or your representative shall be granted a continuance of as
much time as you desire, not to exceed thirty (30) days.
(f) You and your representative shall be afforded the opportunity of presenting
any evidence in his behalf. If you or your representative offer new evidence,
the hearing may be adjourned for a period of not more than thirty (30) days
so the Board of Trustees may, if they wish, investigate the accuracy of your
new evidence or determine whether additional evidence should be
introduced.
After consideration of the appeal, the Board of Trustees shall advise you or your
representative of its decision in writing within five (5) days following the hearing at which the
appeal was considered. The decision of the Board of Trustees shall set forth specific reasons for
their conclusion, shall be written in a manner calculated to be understood by you and shall make
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19
reference to the pertinent Plan provisions upon which the decision is based. This decision shall be
final and binding upon you.
Effective August 14, 2014, no legal action regarding an applicant’s benefit may be
commenced or filed against the Board of Trustees or the Plan more than 1 year after the mailing
of the Board of Trustees’ final decision on appeal as described above.
32. TRUSTEE DISCRETIONARY AUTHORITY
The decisions of the Board of Trustees in all matters pertaining to the administration of the
Plan shall be final. The Board of Trustees, as the administrator of the Plan, shall have complete
control of the administration of the Plan, subject to the provisions hereof, with all powers necessary
to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification
of the foregoing, the Board shall have full authority and discretion to construe, interpret and apply
all provisions of the Plan and to determine all questions that may rise hereunder, including all
questions relating to the eligibility of Participants to participate in the Plan, the amount of any
benefit to which any Participant, Beneficiary, spouse, or contingent annuitant may become entitled
hereunder and to determine all appeals subsequent to any determination upon application for
benefits. Specifically, the Board shall have full and complete authority and discretion to make any
determinations or findings of fact regarding any claims and appeals of any benefit determinations.
Its decision upon all matters within the scope of its authority shall be final
33. STATEMENT OF YOUR RIGHTS UNDER ERISA
As a participant in the I.B.E.W. Local 246 Retirement 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 shall be entitled to:
Receive Information About Your Plan and Benefits
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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 and 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 Pension and Welfare Benefit Administration.
Obtain, upon written request to the plan administrator, copies of documents governing the
operation of the plan, including insurance contracts and collective bargaining agreements,
and copies of the latest annual report (Form 5500 Series) and updated summary plan
description. The administrator may make a reasonable charge for the copies.
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.
Obtain a statement telling you whether you have a right to receive a pension at normal
retirement age (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 get a right to a pension. This
statement must be requested in writing and is not required to be given more than once every
twelve (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 the employee benefit 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, welfare) 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 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 administrator. If
you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in
a state or Federal court. In addition, if you disagree with the plan’s decision or lack thereof
concerning the qualified status of a domestic relations order or a medical child support 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.
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21
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
Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone
directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security
Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C.
20210. You may also obtain certain publications about your rights and responsibilities under
ERISA by calling the publications hotline of the Employee Benefits Security Administration.
34. ADDITIONAL INFORMATION REQUIRED BY ERISA
1. Name of Plan: I.B.E.W. Local 246 Retirement Plan
2. Plan Established and Maintained by:
Board of Trustees
I.B.E.W. Local 246 Retirement Plan
626 North Fourth Street
Steubenville, Ohio 43952
3. Sponsoring Employers: Upon written request to the Plan Office, you may receive
information as to whether a particular employer is a sponsor of the Plan. If he is, the Plan
Office will furnish his address.
4. Employer Identification Number (EIN): 34-1302212
5. Plan Number: 003
6. Type of Benefit Plan: The I.B.E.W. Retirement Plan is referred to as a defined contribution
plan. This means that the dollar amount of benefits provided is based on the amount of
contributions paid by the employer(s) on behalf of the Participant. The exact dollar amount
of the contribution is determined by the collective bargaining between the union(s) and
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employer(s). The level of benefits is determined by considering contribution income,
general economic conditions and other factors affecting fund income and costs.
7. Type of Administration of the Plan: Although this Plan technically is administered and
maintained by the Board of Trustees for the I.B.E.W. Local 246 Retirement Plan, the
Trustees have delegated certain administrative functions to a professional Administrative
Manager, Ronald Komorowski. Address all communications with the Board of Trustees
to:
Board of Trustees
I.B.E.W. Local 246 Retirement Plan
626 N. Fourth Street
Steubenville, Ohio 43952
(740) 282-1251
8. Agent for Service of Legal Process: Service of legal process may be made, upon the Board
of Trustees at the Plan Office, upon the Administrative Manager or upon any of the
individual Trustees.
9. Name, Title and Address of Principal Place of Business of Each Trustee:
Employer Trustees Union Trustees
George Cattrell
P.O. Box 367
Toronto, Ohio 43964
John Fenske
626 North Fourth St.
Steubenville, Ohio 43952
Anthony Shreve
173 Aberdeen Rd.
Steubenville, Ohio 43952
David Pietro
626 North Fourth St.
Steubenville, Ohio 43952
Robert Wickham
P.O. Box 277
Richmond, Ohio 43944
Frank Redmond
626 North Fourth St.
Steubenville, Ohio 43952
10. Collective Bargaining Agreement: This Plan is maintained pursuant to a collective
bargaining agreement between the I.B.E.W. Local 246 and the various participating
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employers. The amount of hourly contributions shall be based upon the rate(s) set forth in
the current collective bargaining agreement between the Union and the National Electrical
Contractors Association, North Central Ohio Chapter, Steubenville Division. You may
obtain a copy of the collective bargaining agreement by writing to the Administrative
Manager, or you may examine it at the Plan Office.
11. Sources of Contributions: This Plan is funded through contributions by the employers on
behalf of their employees, under the terms of a collective bargaining agreement, and by
any investment income earned on a portion of the Plan’s assets.
12. Funding Medium for the Accumulation of Plan Assets: Assets are accumulated and
benefits are provided by the Trust Fund. Some plan assets are invested. These investments
are made only after consultation with professional investment managers and consultants
employed by the Plan. The Plan’s assets are currently invested with Mellon Bank.
13. Amendments: The Board of Trustees is generally authorized to amend the Plan,
prospectively and retroactively, although no amendment may have the effect of
retroactively depriving participants or beneficiaries of rights already accrued.
14. Termination: In the event of termination or partial termination of the Plan, as defined by
law, a Participant’s rights to benefits accrued to the date of termination or partial
termination shall be non-forfeitable. The Plan generally may be terminated: (1) if, in the
opinion of the Trustees the Plan cannot carry out its intent and purposes or it is inadequate
to meet the payments due under the Plan; (2) if there are no individuals remaining who can
qualify as Employees; (3) in the event of termination by action of the Union or Employer;
or (4) as may be otherwise provided by law. In the event of termination, Plan assets will be
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used first to pay obligations and expenses of the Plan and the remaining assets will be
distributed among Participants and beneficiaries in accordance with applicable law.
15. Insurance: Your retirement benefits under this defined contribution plan are not insured
by the Pension Benefit Guaranty Corporation (“PBGC”), a federal insurance agency; as
such insurance is not required for defined contribution plans.
16. Date of the Plan’s Fiscal Year End: May 31st.