uncharted.ca

" Hello Jody --- Prior to my retirement effective May 1, 2007, I was in attendance @ a Bay Area H&W Trust Fund Meeting wherein there was a committee of Union and Employer Trustees formed to finalize the last remaining details of the "new" SPD for the Bay Area Health & Welfare Trust Fund.

The objective was to finalize said document and get it in the hands of the participants immediately. As a trustee @ the time and since it had been over a decade since a "new" and "updated" SPD was made available to the participants of the Bay Area H&W Trust Fund there was a sense of urgency to get this matter completed once and for all.

Based on the above, please mail to me a copy of the "new" and "updated" SPD for the Bay Area H&W Trust Fund. In the event that the SPD still hasn't been finalized, please provide me with an update as to the status of finalizing said SPD.

If you should have any questions or require any additional information please feel free to contact me @ anytime.

Looking forward to your response.

Thank You

John Briley"

" October 1, 2007

Mr. Jody Osterweil
Trust Fund Administrator
UFCW-Employers Benefit Plans of Northern California Group Administration LLC
Treat Towers
1277 Treat Boulevard, 10th Floor
Walnut Creek, Ca. 94597-8863

Re: Bay Area Health & Welfare Trust Fund
Summary Plan Description (SPD)

Dear Mr. Osterweil

After three (3) unsuccessful attempts to contact you by E-Mail on Friday, August 24, 2007, Friday, August 31, 2007 and Thursday, September 20, 2007, (copies enclosed) as of today’s date, I still haven’t heard any response form you. I hope that I will have better luck with the U.S. mail.

I continue to request a detailed response concerning the status of the “new” and “updated” Summary Plan Description (SPD) for the Bay Area Health & Welfare Trust Fund.

Looking forward to your response.

Thank you,

John F. Briley "

" Hello Jody ---- As we approach two (2) years since my first e-mail to you dated Friday, August 24, 2007 (see attached e-mail), I continue to request copies of the current and updated versions of the above captioned Summary Plan Descriptions (SPD's).

With Food Negotiations being finalized in the latter part of 2007 and the resulting merging of the
Bay Area and Valley Medical (H&W) Plans, one would have thought that the Plan Participants would have received our updated versions of the Medical & Pension SPD's by now.

As a current Retiree and Plan participant for over forty (40) years, I want to know from you as our Trust Fund Administrator, when we can expect to receive our current and updated Medical & Pension SPD's?

Additionally, I would like to thank you and the Trustees for implementing our Trust Fund Website.
http://www.ufcwtrust.com/ufcw/(S(e202ud ... u4fayy3oz5))/default.aspx

I would like to take this opportunity to suggest that the Trust Fund Office offer our Summary Plan Descriptions (SPD's) on-line for our information ASAP. Including the opportunity to download said SPD from this site. Please advise me if this is possible to accomplish.
I would like to formally request that this subject matter be placed on the next Trustees Meeting Agenda for the applicable Medical (H&W) and Pension Meetings.

Please provide me with the date of said Trustee's meetings and the applicable Trustees action taken as it applies to my request.

If you should have any questions or require any additional information please feel free to contact me @ anytime.

Looking forward to your response.

Thank You

John Briley "

" Hello Mr. Pullen --- As a follow up to our telephone conversation on Monday, September 10, 2007 @ 9:25 am (Ca. time) I would like to bring you up to date since we last talked about the above captioned subject matter.

I've provided you with copies of my three (3) E-Mails that I sent to Jody Osterweil our Trust Fund Administrator on 8/24/07,8/31/07& 9/20/07. In an attempt to give Mr. Osterweil the benefit of the doubt and give him plenty of opportunities to respond to me, I sent him the third E-Mail on 9/20/07 ten days after we spoke.

Since I haven't had the courtesy of any response from Mr. Osterweil as of today's date, I'm sending him a certified registered letter today. I've attached a copy for your review. I will also send you a copy of my letter.
The case number you provided me with is: #20078813616.

If you should have any questions or require any additional information please let me know.

Thank You
John F. Briley "

" Hello Mr. Pullen ------- I continue to wait for a detailed written response from you / DOL pertaining to the above captioned Case # 20078813616.

I've attached for your information and review my most recent E-Mail to Jody Osterweil, our Trust Fund Administrator dated Thursday, September 3, 2009 as it pertains to this subject matter.

I've also been in contact recently with Allison Campos out of the DOL Office in S.F. 1.415.625.2444 regarding this subject matter. My question to the DOL is.. WHAT IS GOING ON? I've been very patient these past 2 years and still nothing has taken place with our Trust Fund providing us with current and updated SPD's.

Is it or is not a Legal obligation for our Trust Fund to provide all Plan Participants with current and updated SPD's? Isn't it the Legal Obligation for the DOL to enforce this issue? So then, WHY isn't our Trust Fund being forced by the DOL to comply with the Law by providing each and every Paln Participant with current and updated SPD's.
Looking forward to your response.

Thank You

John Briley "

" Date: Thursday, September 3, 2009, 3:47 PM

Hello Jody ------ As a follow up to my most recent E-Mail to you dated Monday, August 17, 2009, and my registered letter to you dated October 1, 2007, (attached) I continue to request copies of the current and updated Summary Plan Descriptions (SPD's) for the Medical & Pension Plans.

Additionally, in my most recent E-Mail to you dated Monday, August 17, 2009 I requested the following:
"I would like to formally request that this subject matter be placed on the next Trustees Meeting Agenda for the applicable Medical (H&W) and Pension Meetings."

Since you haven't had the professional courtesy to respond to any of my previous E-Mails, registered letters, etc..., maybe you can forward this E-Mail to someone who genuinely cares about the participants and who could finally provide me with the information that I've been requesting.

In the event my E-Mail formally requesting that this subject matter be placed on the next Trustee's Meeting Agenda isn't acceptable in that format, then let me know ASAP and I will be more than happy to provide you with a formal written letter outlining my request.

By the way, to the extent that you even care and or are aware of it, you might want to review the language found on our Blue Shield Health Plan ID Card that was recently mailed to all of the Plan Participants.

"THIS IS YOUR HEALTH PLAN IDENTIFICATION CARD. PRESENT IT TO THE PROVIDER OF HEALTH CARE WHEN YOU OR YOUR ELIGIBLE DEPENDENTS RECEIVE SERVICES. SEE YOUR SUMMARY PLAN DESCRIPTION BOOKLET FOR A DESCRIPTION OF THE BENEFITS,TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS OF COVERAGE. WHEN SUBMITTING INQUIRIES ALWAYS INCLUDE THE SUBSCRIBER'S SOCIAL SECURITY NUMBER. POSSESSION OR USE OF THIS CARD DOES NOT GUARANTEE ELIGIBILITY FOR BENEFITS."

Jody, to assist you, I've highlighted the sentence that says it all!

Answer this question for me Jody.....How can any Plan Participant review their SPD when we haven't received any updated version(s)????

I continue to look forward to your written response.

Thank You

John Briley "

One of the most important documents participants are entitled to receive automatically when becoming a participant of an ERISA-covered retirement or health benefit plan or a beneficiary receiving benefits under such a plan, is a summary of the plan, called the summary plan description or SPD. The plan administrator is legally obligated to provide to participants, free of charge, the SPD.

Just wondering John, can you give us an update on the status of you trying to obtain an “updated copy” of the SPD? Have you received a copy yet?

Do you know of any current Northern California UFCW members or retirees that have received updated copies?

Did our trust fund administrator Mr. Jody Osterweil ever respond to any of your written communication?

It astounds me how our active members and our retirees allow this "shit" to go on without raising all kinds of noise!

Laboryes...... the status of the SPD as of last Friday, October 16, 2009, is as follows.

Allison Campos from the DOL, informed me that after discussing this matter with our Trust Fund Administrator, that "allegedly" the SPD would be mailed out within 30-40 calendar days from September 23, 2009?

I will believe it when I receive the SPD.

Does the Trust Fund have a legal obligation to provide current and updated Summary Plan Descriptions (SPD's) to each and every Plan Participant?

Hello Allison Campos ---- Following our last telephone conversation on Tuesday, November 3, 2009 @ 2:20pm, I wanted to know the status of the Trust Fund and their promise to the DOL that the SPD would be mailed within 30-40 days from September 23, 2009. We are @ day 44 and counting........

During our telephone converstaion you indicated to me that you were just ready to call the Trust Fund office and would get back to me. Well here it is Friday, November 6, 2009 and I still haven't heard from you. It appears that once again our Trust Fund office has duped the DOL!

To the extent that you care, I have been patiently waiting for over 2 years to receive a current and updated Pension and H&W (Medical) SPD. First with Mr. Pullen and now with you.

The bottom line is this. Does the Trust Fund have a legal obligation to provide current and updated Summary Plan Descriptions (SPD's) to each and every Plan Participant? If the answer is no, then just tell me so I can move on and I will quit wasting my time and yours.

By the way, please provide me with your Supervisor's contact information ASAP.

Thank You for your time.

John Briley

Hello Allison Campos --- It appears that we are playing telephone tag today, Thursday, 11/12/09. I did receive your telephone message that you left me today regarding your most recent telephone conversation with our Trust Fund Administrator, Jody Osterweil.

Why am I not surprised that the previous 30-40 "grace period" requested by our Trust Fund as now been extended an additional 30+ days? Again keeping in mind that we are dealing with 2 years plus including whatever the DOL has allowed for this most recent extension.

You indicated that you have instructed Mr. Osterweil to send me whatever SPD he has available during this interim period of time until such time as the final version is mailed.

My question to you is this. Again, which SPD is he going to send out to me. The former Bay Area H&W SPD or will it be the former Valley Clerks H&W SPD. The last Plan I was under was the Bay Area H&W before my May 1, 2007 retirement.

If it is the Bay Area SPD, Mr. Osterweil must also provide me with all of the amendments and revisions that have been made to said SPD as the result of over 10 + years of contract negotiations? If I do not receive said revisions I will be dealing with an obsolete SPD.

If it is the former Valley SPD that SPD would also be obsolete based on the most recent merging of the Bay and Valley Trust Funds sometime back in 2008?

Additionally, as a current retiree our H&W plan has changed significantly as a result of several rounds of contract settlements over the years. Which SPD will reflect all of the appropriate information for a Retiree?

Looking forward to see what is delivered to me via the U.S. mail.

If you would like to discuss this matter with me further, please contact me @ 1-XXX-XXX-XXXX

Thank You

John Briley

To this date no one from the DOL's office or the Trust Fund can/will answer Brileys question...

The Employee Retirement Income Security Act (ERISA) requires plan administrators — the people who run plans — to give plan participants in writing the most important facts they need to know about their retirement and health benefit plans including plan rules, financial information, and documents on the operation and management of the plan. Some of these facts must be provided to participants regularly and automatically by the plan administrator. Others are available upon request, free-of-charge or for copying fees. The request should be made in writing.

One of the most important documents participants are entitled to receive automatically when becoming a participant of an ERISA-covered retirement or health benefit plan or a beneficiary receiving benefits under such a plan, is a summary of the plan, called the summary plan description or SPD. The plan administrator is legally obligated to provide to participants, free of charge, the SPD. The summary plan description is an important document that tells participants what the plan provides and how it operates. It provides information on when an employee can begin to participate in the plan, how service and benefits are calculated, when benefits becomes vested, when and in what form benefits are paid, and how to file a claim for benefits. If a plan is changed, participants must be informed, either through a revised summary plan description, or in a separate document, called a summary of material modifications, which also must be given to participants free of charge.

Here is the link to review Mr. Osterweil's letter to me dated November 13, 2009, wherein he outlines the contents of the package.. Approx. 4 inches worth of documents.

http://www.uncharted.ca/images/users/ssigurdur/20091113_osterweil_letter.jpg

Unfortunately, the most current and updated Health & Welfare Summary Plan Description (SPD) is still being worked on. Go figure???????

Additionally, my request for a current and updated Summary Plan Description (SPD) for our Food Pension Plan wasn't addressed in Mr. Osterweil's letter to me.

Laboryes...... no rumor, accurate information... Ms. Campos doesn't like to receive E-Mails?