Legal Information
Duke University and Duke University Health System intend
to continue this plan as long as it is practical and permitted
under federal tax laws. However, the University can amend
or terminate the plan at any time. If the plan is terminated
and you have put money into your Reimbursement
Accounts, you may continue to submit claims until the
claims deadline or until you've used all the money in your
accounts, whichever comes first.
Participation in this plan does not give you any right to
continued employment, nor does it affect Duke' s right to
deal with you regarding employment.
Your Rights Under E.R.I.S.A.
As a participant, you are entitled to certain rights and
protection under the Employee Retirement Income Security
Act of 1974 (ERISA). ERISA provides that all participants
shall be entitled to:
- examine, without charge, at the personnel office and at
other locations (such as work sites), all plan documents,
including insurance contracts and copies of all
documents filed by the plan with the U.S. Department
of Labor.
- obtain copies of plan documents and other plan
information upon written request to the plan
administrator who may set a reasonable charge for
the copies.
- receive a summary of a plan' s annual financial report.
In addition to creating rights for plan participants, ERISA
imposes obligations upon the persons who are responsible
for operation of this plan. They are called "fiduciaries" and
have a duty to manage the plan prudently and in the
interest of all plan participants and beneficiaries.
No one, including your employer, or any other person, may
fire you or discriminate against you for the purpose of
preventing you from obtaining any benefit under this plan
or for exercising your rights under ERISA.
Under ERISA, there are steps you can take to enforce your
rights. For instance, if you ask for materials about this
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 $100 a day until you receive the materials, unless the
materials were not provided for reasons beyond the control
of the plan 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. If the plan fiduciaries
fail to carry out their duties properly, 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 will pay the court costs and legal
fees. If you are successful, the court may order the other
party to pay these expenses. If you lose, the court may
order you to pay the expenses if, for example, it finds your
claim is frivolous.
If you have any questions about the plan, you should
contact the plan administrator. If you have any questions
about this statement or about your rights under ERISA, you
should contact the nearest Area Office of the U.S. Labor-Management
Services Administration, Department of Labor.
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