Page 50 - Pay'n Save Retirement Truat fund

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 In the case of an application for disability benefits, a copy of
any internal rule, guideline, protocol or other similar criterion
relied upon in making the appeal determination or a statement
that such rule, guideline, protocol or other criterion was relied
upon in making the appeal determination; and

 A description of the procedures for an appeal to arbitration
and the time limits applicable to such procedures, including
a statement of your right to bring a civil action under Section
502(a) of ERISA.
APPEAL TO ARBITRATION

If you (or your spouse) are dissatisfied with the decision of the
Hearings Committee, you have the right to appeal the matter to
arbitration in accordance with the labor arbitration rules of the
American Arbitration Association unless the decision involves an
application for disability benefits, in which case you may file suit
in a state or Federal court pursuant to Section 502(a) of ERISA.
To appeal to arbitration you must submit a request to the Trust,
in writing, within 60 days of receipt of the Hearings Committee’s
decision. If an appeal to arbitration is requested, the Trustees will
submit to the arbitrator a certified copy of the record upon which
the Trustees’ decision was made.
The questions for the arbitrator shall be whether:

 The Trustees were in error upon an issue of law;
 The Trustees acted arbitrarily or capriciously in the exercise of
their discretion; or
 The Trustees’ findings of fact were supported by substantial
evidence.

In general, the decision of the arbitrator shall be final and
binding upon the Trustees, upon the appealing party, and upon
all other parties whose interests are affected. In very limited
circumstances, however, the arbitrator’s decision may be
overturned by a court of law.

The expenses of arbitration will be covered equally by the
appealing party and by the Trust, unless otherwise ordered by the
arbitrator.

QUESTIONS AND ANSWERS

Does arbitration apply No. Regulations of the U.S. Department of Labor
to appeals on disability prohibit the use of binding arbitration on claims
benefits? for disability pensions. If the Trustees deny your
(or your spouse’s) disability pension application,
your only recourse will be to file suit in state or
Federal court.