12 circumstances require a further extension of time for processing, a decision will be made no later than the third Trustees’ meeting following receipt of your appeal. Decisions on appeals will be communicated to the Participant in writing and will be mailed within five business days after the Board meeting at which the decision was made. If your appeal is denied in whole or in part, the decision will include: (i) the reason or reasons for the adverse decision; (ii) specific reference to the Plan provision or provisions upon which the determination is based; (iii) a statement that the Participant may receive, upon request and free of charge, reasonable access to and copies of, all documents, records, and other information relevant to the claim; (iv) your statement of the Participant’s right to bring an action under Section 502(a) of ERISA. What Can I Do if My Appeal is Denied? If your claim is denied, you may file suit against the Plan only after you have exhausted all administrative remedies by appealing the adverse benefit decision to the Trustees as described herein. Failure to exhaust these administrative remedies will result in the loss of the right to file suit. If any party or person wishes to file suit for a denial of a claim of benefits, they must do so within three (3) years of the date the Trustees denied their appeal. For all other actions, a party or person must file suit within three (3) years of the date on which the violation of the Plan terms is alleged to have occurred. Additionally, if any party or person wishes to file suit against the Plan, they must file suit in the United States District Court for the District of Columbia. These rules apply to you and your spouse, and your beneficiaries, including your ex-spouse under a QDRO. This Section applies to all litigation against the Plan, including litigation in which the Fund is named as a third-party defendant. Overpayments If the Fund determines that benefits have mistakenly been paid to you or your beneficiaries (including but not limited to, your spouse, your children, your parents, your alternate payee, or a representative of the recipient of the benefits), the Fund has a right to recoup the amounts that were paid in error (“overpayment”).You and your beneficiaries also are required to pay interest at the rate determined by the Trustees from time to time from the date you become obligated to repay the Fund through the date that the Fund is paid the full amount owed. By accepting benefits from the Fund, you and your beneficiaries consent and agree that the Fund has a constructive trust, lien, and/or equitable lien by agreement in favor of the Fund with respect to any overpayment and that the amounts that were overpaid to you are held in trust by you or your beneficiaries until they are repaid to the Fund. You and your beneficiaries also consent and agree to do the following: • To cooperate with the Fund in its attempts to recover overpaid benefits; • To reimburse the Fund for all of its costs and expenses related to the collection of the overpayment; and • To waive any applicable statute of limitations defense available regarding the enforcement of any of the.Fund’s rights to recoup the overpayments. You may repay the overpayment to the Fund directly. If you are not able to repay the Fund directly, the Fund may recover the overpayment by offsetting all future benefits otherwise payable to you or your beneficiaries. This means that the Fund may reduce benefits paid to you or your beneficiaries until it recovers the amounts owed to the Fund. For example, if the overpayment was made to you as the Participant, the Fund may offset the future benefits payable by the Fund to you or your beneficiaries. If the overpayment was made to your beneficiaries, the Fund may offset the future benefits payable by the Fund to you or your beneficiaries.
2022 401(k) Summary Plan Description Page 14 Page 16