«Summary Plan Description SAS Institute Inc. Premium Conversion and Flexible Spending Account Plan Full-Time and Part-Time Employees of SAS and ...»
Under ERISA, there are steps a Participant can take to enforce the above rights. For instance, if a Participant requests materials from the Plan and does not receive them within 30 days, the Participant may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay the Participant up to $110 a day until the person receives the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If a Participant has a claim for benefits which is denied or ignored, in whole or in part, the Participant may file suit in a state or federal court. In addition, if a Participant disagrees with the Plan’s decision or lack thereof concerning the qualified status of a medical child support order, the Participant may file suit in federal court. If it should happen that Plan fiduciaries misuse this Plan’s money, or if a Participant is discriminated against for asserting his or her rights, the Participant may seek assistance from the U.S. Department of Labor, or may file suit in a federal court. The court will decide who should pay court costs and legal fees. If the Participant is successful, the court may order the person who was sued to pay these costs and fees. If the Participant loses, the court may order the Participant to pay these costs and fees (for example, if it finds the person’s claim is frivolous).
In no event shall a Participant be allowed to file suit in state or federal court until the Participant has exhausted the administrative remedies available under the Plan, including following the procedure for filing claims described below.
ASSISTANCE WITH QUESTIONSIf a Participant has any questions about this Plan, the person should contact the SAS Benefits Department, which acts on behalf of the Plan Administrator. If a Participant has any questions about this statement or about their rights under ERISA, or if a Participant needs assistance in obtaining documents from the Plan Administrator, that person should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in the 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. A Participant may also obtain certain publications about his or her rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.
PLAN AMENDMENT AND TERMINATIONThe Plan Sponsor has established the Plan with a bona fide intention and expectation that it shall be continued indefinitely, but the Plan Sponsor shall not have any obligation whatsoever to maintain the Plan for any length of time. The Plan Sponsor reserves the right at any time to amend, modify, reduce, suspend or terminate or partially terminate the Plan, on behalf of any or all Employers, provided that no such action shall in any manner impair the right of a Participant who has incurred Covered Expenses or is entitled to benefits under the Plan upon adoption of an amendment to receive benefit payments provided for herein or under the Plan prior to such amendment.
The Plan Sponsor does not promise the continuation of any benefits or level of benefits provided herein nor does it promise any specific level of benefits or coverage at or during retirement.
NONDISCRIMINATORY INTENTThe Plan is designed to satisfy the nondiscrimination requirements of the Internal Revenue Code.
The Plan Administrator has the authority to operate the Plan so that the nondiscrimination requirements are satisfied, including the ability to modify or revoke elections made by Participants.