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.