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NEW YORK CITY DISTRICT COUNCIL

OF CARPENTERS BENEFIT FUNDS

NYC District Council of


CarpentersVacation Fund

summary plan description


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Marjorie Gross & Company

TABLE OF CONTENTS

Frequently Asked Questions 2

Introduction 4

How the Vacation Plan Works 5


Eligibility 5
Vacation Benefits 5
Stamp Plan 6
Fraud 6
How to File a Claim 7
If a Claim Is Denied 7
Amendment and Termination of the Vacation Plan 8
Unclaimed Benefits 8
Interpretation of the Vacation Plan 8

Key Terms and Definitions 9

Plan Facts 10

Your Rights Under the Employee Retirement


Income Security Act of 1974 (ERISA) 12 You Can’t Lose
You are fully vested in your
Receive Information About Your Plan and Benefits 12
vacation benefits from the
Prudent Actions by Plan Fiduciaries 12 time contributions are made
Enforce Your Rights 13 by your employer to your
Assistance With Your Questions 13 account. This means the
money that is deposited into
your account belongs to you
Members of the Joint Board of Trustees 14 and can never be lost or
forfeited, except in the case
of fraud.

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FREQUENTLY ASKED QUESTIONS

Q) Who is eligible to participate in the Vacation Plan? Q) What happens to money in my vacation account if I die without
a beneficiary?
A) You are eligible to participate if you are working in covered employment
for an employer who is required to make contributions to the Vacation A) Since you are 100% vested, any money in your vacation account will be
Plan on your behalf. “Covered employment,” like all other words that paid. If you do not have a beneficiary, payments will be made in the
are in bold type the first time they appear, is defined in the section following order :
called “Key Terms and Definitions.”
your surviving spouse, or, if none,

Q) Do I have to make contributions to the Vacation Plan? your children, in equal shares, or, if none,

your parents, in equal shares, or, if none,


A) No. Your employer makes all contributions to the Vacation Plan.
All contributions are deposited to a vacation account set up in your brothers and sisters, in equal shares, or, if none,
your name.
your estate.

Q) How much money do I receive in vacation benefits?


Q) Can my vacation benefits be subject to garnishment?
A) You will receive the contributions made to your vacation account,
A) Yes, the Plan is required to honor any cour t order, garnishment or other
minus working assessments that you authorize and reasonable
final judgment of a cour t of law.
administrative expenses of the Fund. Your vacation account does
not pay interest.

Q) When are vacation benefits paid? Este folleto contiene un resumen en inglés de sus derechos y
beneficios bajo el New York City District Council of Carpenters
A) Vacation checks are mailed out four times a year ; generally in March, Vacation Plan. Si tiene alguna dificultad en entender cualquier parte
June, September and December. del contenido de este folleto, puede communicarse con la oficina del
plan en 395 Hudson Street, New York, NY 10014. Las horas de oficina
Q) Can I lose the right to receive vacation benefits from my account? son de 8:30 a.m. a 5:00 p.m., lunes a viernes.También puede llamar
A) No. You are always 100% vested in the contributions that are made to a la oficina del plan al teléfono (800) 529-3863 para ayuda.
your vacation account. If you die before all of your vacation benefits
have been paid, any remaining money in your vacation account will
be paid to your beneficiary. However, your vacation benefits may be
suspended or forfeited if you commit fraud. See the section called
“Fraud” for more information.

Q) Do I have to pay income taxes on my vacation benefits?

A) Yes. Your vacation benefits are taxable as ordinary income. Vacation


benefits are subject to income tax withholding and are included on
the W-2 Form that is sent to you each year in January.

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INTRODUCTION HOW THE VACATION PLA N WORKS

The New York City District Council of Carpenters Vacation Plan (the Eligibility
“Vacation Plan” or the “Plan”) provides you with vacation benefits for your
You are eligible for vacation benefits if you are working in covered
work in covered employment. The Vacation Plan was established through
employment for an employer who is required by a collective bargaining
collective bargaining between the New York City District Council of Carpenters
agreement to make contributions to the Vacation Plan on your behalf.
of the United Brotherhood of Carpenters & Joiners of America and
To find out if you are working in covered employment, contact the Fund
contributing employers. The Plan is administered by a joint Board of
Office at (212) 366-7300.
Trustees representing labor and management (the “Trustees”) and is
funded by employer contributions.
Vacation Benefits
This booklet is a summary plan description (“SPD”). In it we use everyday
language to explain how the Vacation Plan works; however, there are cer tain Your vacation benefits equal the sum of contributions made to the Vacation
technical terms that apply to the Plan. To make sure you understand them, Plan on your behalf minus any assessments that you have authorized to be
we’ve defined them in the “Key Terms and Definitions” section. paid to the union and administrative expenses of the Fund.

While this SPD summarizes the benefits provided through the Vacation The amount contributed to the Plan is based on a specified rate per each
Plan, these benefits are subject to the full terms and conditions of the Plan hour that you work in covered employment. The hourly contribution rates
documents and the current collective bargaining agreement with your employer. are indicated in a collective bargaining agreement between the union or the
If there is any conflict or inconsistency between this booklet and the Board of Trustees and your employer.
Vacation Plan document, the Vacation Plan document will take precedence In order for the Fund to withhold assessments from your vacation account, you
over this summary. must complete and sign an assessment form and return it to the Fund Office.
The Trustees expect and intend to continue the Vacation Plan indefinitely, Your Vacation Plan account. A vacation account is set up in your name
but reserve the right to change, suspend or terminate any or all of the to facilitate crediting employer contributions and subtracting assessments
provisions of the Vacation Plan at any time and for any reason. The section and administrative expenses. You’ll receive a quar terly statement of your
called “Amendment and Termination of the Vacation Plan” has more account – in Februar y, May, August and November.
information on this feature.
You should review your quar terly statement carefully to make sure it is
If you have any questions regarding the information in this booklet, please accurate. Repor t any differences from the hours you worked and the hours
write or call the Fund Office at: on the statement to the Fund Office. The Fund Office will investigate any
New York City District Council of Carpenters discrepancies to determine what action may be necessar y to resolve
Vacation Plan disputes. (In connection with this, the Fund Office may ask you to file
395 Hudson Street a “Benefit Hours Shor tage Repor t.”)
New York, NY 10014 Payment of your account. The balance of the account is paid to you
New York City Telephone: (212) 366-7300 quar terly; usually in March, June, September and December. The amount
Toll-Free Telephone: (800) 529-3863 paid to you in each quar ter represents contributions made on your behalf
in the previous quarter. For example, contributions for the quarter ending
December 31 are included in the check distributed in March.

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If you become incapacitated. If you are unable to care for your personal How to File a Claim
affairs because of mental or physical incapacity, the Trustees may authorize
Ordinarily, you do not need to file a claim to receive vacation benefits. Your
that your account balance be paid to a person with power of attorney, a
vacation benefits should be paid to you automatically when due. However,
legal guardian, committee, legal representative, institution maintaining or
if you do not receive vacation benefits that you are entitled to, contact the
having custody of you, or any other person the Trustees determine is
Fund Office to request a claim form. The Fund Office will tell you what
entitled to payment.
information or documentation they will require to process your claim.
If you die. You have the right to name a beneficiary to receive the Claims should be submitted to:
undistributed proceeds in your vacation account in the event you die. You
New York City District Council of Carpenters
may name anyone you wish as your beneficiary and you may change your
Vacation Plan
beneficiary at any time. To name or change a beneficiary, contact the
395 Hudson Street
Fund Office for a “Beneficiary Designation Form.”
New York, NY 10014
If you die, your beneficiary may be asked to provide proof of your death.
Within 90 days after receiving a claim, the Fund will decide whether the
The Fund will accept an original death cer tificate as proof of death. Payment
claim is approved or denied. In some instances, it may not be possible for a
of your remaining vacation benefits will be made to your beneficiary in one
decision to be made on your claim within 90 days, in which case the Fund
lump sum as soon as administratively possible after proof of your death is
may take up to an additional 90 days to consider your claim. Before the end
submitted.
of the initial 90-day period, you will receive a written notice explaining the
reason for the extension and telling you the date by which the Fund
Stamp Plan expects to make a decision.
Under Plan provisions formerly in effect through June 30, 2002, employers
purchased stamps to pay for contributions to the Vacation Plan and you If a Claim Is Denied
were required to keep those stamps in a “stamp record book” provided by
If your claim is denied, in whole or in par t, the Fund Office will send you a
the Fund. Stamps are no longer issued under the Plan.
written explanation stating the reason for the denial and the Plan provisions
Through December 31, 1998 you were required to redeem stamps to on which the denial is based. The Fund will also advise you of any additional
receive vacation benefits. As of January 1, 1999 the stamp redemption information you may submit that may enable your claim to be approved, and
You Can’t Lose program was discontinued. However, stamps were still distributed through an explanation of why such information is necessary. Fur thermore, the Fund
You are fully vested in your June 30, 2002 as verification of contributions received by the Fund, even Office will send you a description of the Plan’s review procedures and the
vacation benefits from the though benefits were credited based on remittance repor ts submitted by time limits applicable to such procedures, including a statement of your right
time contributions are made
your employers to the Fund Office. If you still have stamps from before to bring a civil action under the Employee Retirement Income Security Act
by your employer to your
account. This means the money January 1, 1999 that you believe are unredeemed, you should submit them of 1974 (ERISA) following an adverse decision on your appeal.
that is deposited into your to the Fund Office for investigation.
account belongs to you and You may request an appeal by filing a “Claim for Review” form with the
can never be lost or forfeited, Trustees within 180 days of the date you receive notice that your claim has
except in the case of fraud. Fraud been denied. A “Claim for Review” form is available from the Fund Office.
Even though your vacation benefits are fully and immediately vested, if The Fund Office will provide you, upon request and free of charge, reasonable
you commit fraud, you will forfeit all of your benefits until the amount access to and copies of all documents, records and other information
fraudulently obtained is repaid. Some examples of fraud include altering a relevant to your claim. You may also submit information, documents, records
check and knowingly cashing a voided check. In addition, the Fund has the and comments in writing. The Trustees will give your claim a full and fair
right to pursue legal action against you, including criminal prosecution. review, which will take into account all comments, documents, records,
and other information submitted by you relating to your claim, without
regard to whether such information was submitted or considered in the
initial benefit determination.

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The Trustees will make a decision on your appeal within 60 days after they KEY TERMS A N D DEFINITIONS
receive your “Claim for Review” form. However, if special circumstances
require an extension of time, the decision may take up to 120 days. In this
case you will receive a written extension notice that describes the special
There are a number of words and phrases that have a specific meaning
circumstances requiring an extension and that gives the date by which the
when used to describe your Vacation Plan. All words appear in bold the first
Trustees expect to render a decision on appeal. When the Trustees reach
time they are used in this summary plan description and are defined here:
a decision, you will receive a written notice stating the reason for the
decision and the Plan provisions on which the decision is based. You will Beneficiary. Your beneficiary is the person(s) or entity you name to receive
also receive, upon request and free of charge, reasonable access to any Vacation Plan benefit that is paid after you die.
and copies of all documents, records and other information relevant to
your claim. The decision will be final and binding on all par ties. In the Collective Bargaining Agreement. A collective bargaining agreement is a
case of a denial, the notice you receive will also describe your right to written agreement between your employer and the Union.
bring a civil action under ERISA. Contributing Employer. A contributing employer is an employer who has
signed a collective bargaining agreement with the Union, and is making
Amendment and Termination of the contributions to the Vacation Plan.
Vacation Plan Covered Employment. Any work you perform under a collective bargaining
The Trustees of the Vacation Plan have the authority to amend or terminate agreement between your employer and the Union is covered employment.
the Plan at any time and for any reason. You will be notified if the Vacation Your hours of covered employment are the basis for determining the
Plan is amended or terminated; however, the change may be effective amount of contributions made to the Vacation Plan on your behalf.
before a notice is delivered to you.
Union. The term “union” refers to the New York City District Council of
If the Plan is ever terminated, you will receive a distribution of your Carpenters and the local unions of the United Brotherhood of Carpenters
Keep in Touch vacation account. To the extent permitted by law, any excess amounts will & Joiners of America, affiliated with the New York City District Council of
Make sure the Fund Office be distributed by the Trustees among the participants in a manner that is Carpenters.
has your current address, and
don’t forget to send a change deemed by the Trustees to be in the best interests of all Plan par ticipants.
Vacation Account. Your vacation account is an account established in your
of address if you move. name to maintain a record of contributions made and hours repor ted by
Unclaimed Benefits your employers.

If the Fund Office is unable to locate someone to whom Vacation Plan Vacation Benefits. Your vacation benefits are the amount of money you are
benefits are due, then the benefits due that individual will be canceled entitled to be paid each quar ter from your vacation account. Your vacation
after one year, in accordance with procedures described fully in the Plan benefits are determined by adding the total amount of vacation contributions
document. However, the Plan document also has a provision for the made to your account and subtracting the assessments that you authorize to
reinstatement of any such canceled benefits if the person later notifies be paid to the union and the administrative expenses of the Fund.
the Fund Office of his whereabouts and requests payment.

Interpretation of the Vacation Plan


The Trustees have the sole and absolute discretionary authority to interpret
the terms of the Plan, determine benefit eligibility, and resolve ambiguities
or inconsistencies in the Plan.

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PLA N FACTS Trustees. The office of the Board of Trustees is:

Board of Trustees
New York City District Council of Carpenters
Plan Name. New York City District Council of Carpenters Vacation Plan. Vacation Plan
395 Hudson Street
Plan Effective Date. The effective date of the Plan is January 1, 1967. New York, NY 10014
This summary plan description describes the Vacation Plan in effect as of New York City Telephone: (212) 366-7300
January 1, 2003. Toll-Free Telephone: (800) 529-3863
Employer Identification Number. The Employer Identification Number Participating Employers. Upon written request, the New York City
assigned to the Vacation Plan by the Internal Revenue Service (IRS) for District Council of Carpenters will provide you with information as to
tax purposes is 13-6227443. whether a par ticular employer is contributing to the Vacation Plan on
Plan Number. The Plan Number is 501. behalf of employees working under a collective bargaining agreement,
as well as the address of such employer. In addition, you may obtain a
The Plan Year. The Plan Year begins July 1st of each year and ends on complete list of employers and unions sponsoring the Vacation Plan by
June 30th of the following year. making a written request to the District Council. The list of employers
Type of Plan. The Vacation Plan is a welfare benefit plan providing and unions is available for examination at the Fund Office.
vacation benefits. Agent for Service of Legal Process. You may serve legal process on the
Funding of Benefits. All contributions to the Vacation Plan are made by Executive Director of the Vacation Plan at the address below:
employers in accordance with collective bargaining agreements in force Executive Director
with the New York City District Council of Carpenters. The collective New York City District Council of Carpenters
bargaining agreements require contributions to the Vacation Plan at fixed Vacation Plan
rates per hour worked. 395 Hudson Street
Trust. Contributions to the Vacation Plan are held in a Trust under The New York, NY 10014
Agreement and Declaration of Trust Establishing the New York City District Legal process may also be served on any Vacation Plan Trustee.
Council of Carpenters Vacation Plan, as amended. The custodian for the
Trust is the Bank of New York.

Plan Administrator. The New York City District Council of Carpenters


Vacation Plan is administered by a joint Board of Trustees, composed of six
Union Trustees and six Employer Trustees.The names and addresses of each
Trustee are shown in the “Members of the Joint Board of Trustees” section.

Plan Sponsor. The New York City District Council of Carpenters Vacation
Plan is sponsored by a joint Board of Trustees, composed of six Union
Trustees and six Employer Trustees. The names and addresses of the
Trustees are shown in the “Members of the Joint Board of Trustees” section.

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YOUR RIGHTS U N DER THE EMPLOYEE Enforce Your Rights


RETIREMENT INCOME SECURITY ACT If your claim for a vacation benefit is denied or ignored, in whole or in par t,
OF 1974 (ERISA ) you have a right to know why this was done, to obtain copies of documents
relating to the decision without charge, and to appeal any denial, all within
cer tain time schedules.

As a par ticipant in the Vacation Plan, you are entitled to cer tain rights and Under ERISA, there are steps you can take to enforce the above rights.
protections under the Employee Retirement Income Security Act of 1974 For instance, if you request a copy of Vacation Plan documents or the latest
(ERISA). ERISA provides that all Plan par ticipants shall be entitled to: annual report from the Vacation Plan and do not receive them within 30 days,
you may file suit in a federal cour t. In such a case, the cour t may require the
Plan Administrator to provide the materials and pay you up to $110 a day
Receive Information About Your Plan
until you receive the materials, unless the materials were not sent because
and Benefits
of reasons beyond the control of the Administrator.
Examine, without charge, at the Fund Office and at other specified
If you have a claim for benefits that is denied or ignored, in whole or in
locations, such as work locations and union halls, all documents
par t, you may file suit in a state or federal cour t. In addition, if you disagree
governing the Vacation Plan, including the summary plan description,
with the Plan’s decision or lack thereof concerning the qualified status of
collective bargaining agreements, and a copy of the latest annual repor t
a domestic relations order, you may file suit in federal cour t. If it should
(Form 5500 series) filed by the Plan with the U.S. Depar tment of Labor
happen that Vacation Plan fiduciaries misuse the Plan’s money, or if you are
and available at the Public Disclosure Room of the Employee Benefits
discriminated against for asser ting your rights, you may seek assistance from
Security Administration (formerly the Pension and Welfare Benefits
the U.S. Depar tment of Labor, or you may file suit in a federal cour t. The
Administration).
cour t will decide who should pay cour t costs and legal fees. If you are
Obtain, upon written request to the Plan Administrator, copies of successful, the cour t may order the person you have sued to pay these
documents governing the operation of the Plan, including collective costs and fees. If you lose, the cour t may order you to pay these costs and
bargaining agreements, copies of the latest annual repor t (Form fees, for example, if it finds your claim is frivolous.
5500 series) and an updated summary plan description. The Plan
Administrator may make a reasonable charge for the copies.
Assistance With Your Questions
Receive a summary of the Vacation Plan’s annual financial repor t. The
Trustees are required by law to furnish each par ticipant with a copy If you have any questions about your Vacation Plan, you should contact
of this summary annual repor t. the Plan Administrator. If you have any questions about this statement or
about your rights under ERISA, or if you need assistance in obtaining
documents from the Plan Administrator, you should contact the nearest
Prudent Actions by Plan Fiduciaries Office of the Employee Benefits Security Administration (formerly the
In addition to creating rights for Vacation Plan participants, ERISA imposes Pension and Welfare Benefits Administration), U.S. Depar tment of Labor,
duties upon the people who are responsible for the operation of the employee listed in your telephone directory, or :
benefit plan. The people who operate your Plan, called “fiduciaries” of the
Division of Technical Assistance and Inquiries
Plan, have a duty to do so prudently and in the interest of you and other
Employee Benefits Security Administration
Plan participants and beneficiaries. No one, including your employer, your
U.S. Depar tment of Labor
union, or any other person, may fire you or otherwise discriminate against
200 Constitution Avenue, N.W.
you in any way to prevent you from obtaining a vacation benefit or exercising
Washington, D.C. 20210
your rights under ERISA.
You may also obtain cer tain publications about your rights and
responsibilities under ERISA by calling the publications hotline of the
Employee Benefits Security Administration.

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MEMBERS OF THE JOINT BOARD OF TRUSTEES

Trustees Designated
by District Council Title Address

Michael J. Forde Chairman of the Board 395 Hudson St.


212-366-7500 of Trustees New York, NY 10014
New York City District
Council of Carpenters
Peter Thomassen Trustee 395 Hudson St.
212-366-7500 New York City District New York, NY 10014
Council of Carpenters
Denis Sheil Trustee 395 Hudson St.
212-366-7500 New York City District New York, NY 10014
Council of Carpenters
Vincent Alongi Trustee 89-07 Atlantic Ave.
718-850-7972 New York City District Woodhaven, NY 11421
Council of Carpenters
Lawrence D’Errico Trustee 157 E. 25th St.
212-685-9567 New York City District New York, NY 10010
Council of Carpenters
John Greaney Trustee 505 8th Ave., 4th Fl.
212-643-1070 New York City District New York, NY 10018
Council of Carpenters

Trustees Designated
by Employers and
Employer Organizations Employer Association Address

Joseph Olivieri Co-Chairman of the 125 Jericho Turnpike


516-478-5600 Board of Trustees Suite 301
Association of Wall-Ceiling Jericho, NY 11753
and Carpentr y Industries
George Greco Manufacturing Woodworkers Midhattan Woodworking
732-727-3020 Association of Greater Corp.
New York, Inc. Bordentown Avenue
& Cheesequake Road
Old Bridge, NJ 08857
Richard B. Harding, Jr. The Cement League Humphreys & Harding, Inc.
212-697-0390 755 2nd Avenue
New York, NY 10170
Michael Mazzucca The Hoist Trade Association Regional Scaffolding
718-881-6200 of New York, Inc. Company
3900 Webster Avenue
Bronx, NY 10470
David Meberg Greater New York Floor Consolidated Carpet
212-226-4600 Coverers Association Trade Workroom
568 Broadway
Suite 105
New York, NY 10012
Paul J. O’Brien Building Contractors 451 Park Avenue South
212-683-8080 Association 4th Floor
14 New York, NY 10016

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