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  • Your ERISA Rights

Your ERISA Rights

ERISA requires that the following statement be included in summary plan descriptions for plans that are covered by this law.

Upon your request, the pertinent plan documents, insurance contracts, and all documents filed with the US Department of Labor, will be made available within 10 days for examination during normal working hours at Human Resources offices or Benefits Administration. You may also obtain a personal copy of any of these documents, at a reasonable charge, by writing the appropriate plan administrator. If copies of pertinent plan documents requested in writing are not furnished within 30 days, barring circumstances beyond the control of the plan administrator, you may file suit in a federal court seeking damages of up to $100 for each day of unexcused delay in providing such materials.

Once each year you will receive a summary of each plan's financial report, called a Summary Annual Report. The plan's ERISA report is filed annually with the US government.

You have a right to expect "fiduciaries", the persons who are responsible for the administration of each plan, to act solely in the interest of participants and their beneficiaries and to exercise prudence in the performance of their duties. If it should happen that the fiduciaries misuse a plan's money, you may seek assistance from the US Department of Labor, or you may file suit in a federal court.

No one may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension or welfare benefit under the plans, or exercising your rights under ERISA. In other words, asserting a claim for a benefit or exercising your rights under ERISA will in no way affect your employment status.

If you bring an action in any court relating to a plan, 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 court costs and legal fees. If you lose, the court may order you to pay these costs and fees if, for example, it finds the claim is frivolous.

If you have questions about this statement or your rights under ERISA, please contact Benefits Administration (at 684-5600) or the appropriate plan administrator. You may also obtain this information from the nearest area office of the Pension and Welfare Benefits Administration, US Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, US Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210.

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Human Resources

Duke Human Resources
705 Broad St. Box 90496
Durham, NC 27705
Phone: (919) 684-5600
Have questions?

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