Saturday, January 27, 2018

ATTORNEY CLIENT PRIVILEGE YOUR ASS


 WHAT DOCUMENTS BELONG TO MEMBERS UNDER THE REAL LAW AND NOT UBC OR HACK LAWYERS DELUSIONS

When a plan participant or beneficiary
asks for information or documents relating
to the plan, ERISA is fairly specific about how the plan NEEDS TO BY FEDERAL LAW TO RESPOND


ERISA Sections 101(k), 104(b)(4)
and 105(a) set forth the principal rules
governing participant requests for in-
formation. If a request falls within the
categories enumerated in these sections, the plan must provide the information. 
Specifically, the PPA added
ERISA Section 101(k), which requires
multiemployer plan administrators
to provide a copy of the following in-
formation when a participant or beneficiary, employee representative or
contributing employer requests it in
writing:
Any periodic actuarial report
(including any sensitivity testing)
received by a plan for any plan
year that has been in the plan’s
possession for at least 30 days
(including actuarial reports pre-
pared in connection with the
plan’s annual valuation or pursu-
ant to the requirements for plans
in endangered or critical status)
Any quarterly, semiannual 
or annual financial 
report prepared for
the plan by any investment manager 
or advisor or other fiduciary
that has been in the plan’s 
possession for at least 30 days
-

Section 3(2) of Title I of ERISA to include: “[A]ny plan, fund, or program . . . established or maintained by an employer or employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund or program . . .  (ii) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond . . .”

The term “employee organization,” defined in section 3(4) of ERISA, in pertinent part, includes “any labor union or any organization of any kind . . . in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning an employee benefit plan, or other matters incidental to employment relationships; or any employees’ beneficiary association organized for the purpose in whole or in part, of establishing such a plan.”

Section 3(5) of ERISA provides that the term “employer” means “any person acting directly as an employer, or indirectly in the interest of an employer, in relation to an employee benefit plan; and includes a group or association of employers acting for an employer in such capacity.”
The term “plan sponsor” is defined in section 3(16) of ERISA as (i) the employer in the case of an employee benefit plan established or maintained by a single employer, (ii) the employee organization in the case of a plan established or maintained by an employee organization, or (iii) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan.

4 comments:

Anonymous said...

it needs to be time sensitive also. when I told the new ba of the abuse of power under the old bas he told me the statutes of limitations had run out so the moral of the story is if they can ignore you long enough no harm no foul dirty from top to bottom

Silence Dogood said...

Well if the UBC BA says so who is usually a lying sack it must be true.Statue of limitations on what?

Anonymous said...

Which is entirely how the effected takeover of the phila region was. Kick the can, run out the clock, lie to the membership THAT PAYS THE FRIGGING BILLS" , silence questions of concern, remove any unity and camaraderie, lie , lie, lie and then profess how " union" they are while facilitating the destruction of the union .
It all can be stopped
Unite .Stand together and walk the fuck off the jobs
Watch the panic of mccarron when faced with a national walk out of over 1 month .Gc contracts kick in and they can hire who they need to finish the work to include non union .Put doug on the spot .Which side is he on?
It will never happen bc carpenters cant spell unite.

Anonymous said...

thanks for asking it dealt mainly with selling cards to illegal emigrants while members were losing their homes and for replacing carpenters with craft assist labors

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