Reply – Re: Benefits for disabled carpenters
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Re: Benefits for disabled carpenters
— by RichardDorrough RichardDorrough
Bennett. What fund are you in. Go to https://www.efast.dol.gov/portal/app/disseminate?execution=e1s1 so you can pull up your fund 5500 and study it to learn who the trustees are. When the change was introduced and who voted on it and when.Keep in mind. The Union or Council does NOT control you fund the Trustees do and the fund rules do.See Fuchs vs Allen to prove it. Case 1:02-cv-01552-DNH-RFT Federal District Court Northern NY. Any change to the plan rules or plan documents must be by Trustee vote and with proper notification Go make sure it was done. Fund out if they really need ed to do it because of the fund or if they did it so they can divert more fund money to scams as they did in the SWRCC. They have just eliminated Heath benefits to all Retirees as they created a new Hudson Yards Tower C partnership to divert millions more to anti Union Stephen Ross and the Fake Coal mine company Macquarie Infrastructure. Also if it was not true they would not be seating trustees who are yes men and will vote for anything they tell them
   
You said they decided that they want to change the requirements for health insurance. They have a Fiduciary Duty under ERISA to act in the best interest of the fund participants. At the very least go see if they have done so. Who ordered the cuts and if they were needed. If you have any doubts demand an EBSA investigation.

Also. Have a look at  Retirees File Class Action Lawsuit to see if it can be used in your situation

On May 23, 2012, Plaintiffs, by and through their attorney, The Law Office of Harvey S. Mars LLC, as and for their Complaint, allege as follows:

NATURE OF THE CASE

1. This is a class action pursuant to the Labor Management Relations Act of 1947. as amended, ("LMRA"), 29 USC § 185, et. seq. and the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C, § 1001 et. seq. to enjoin the defendants, the New York City District Council of Carpenters Welfare Fund ("Welfare Fund" or "Carpenters Welfare Fund") from requiring contributions and co—payments from the plaintiffs and other similarly situated retired participants of the Welfare Fund. This action also seeks to enjoin the Council of Carpenters Welfare Fund and its Trustees and Executive Director from making any payments from the assets of the Welfare Fund to the New York City District Council of Carpenters (“District Council") and to require the Defendants to repay to the Welfare Fund all monies improperly transferred. Plaintiffs additionally seek the costs and attorney's fees incurred in prosecuting this action.

2. Effective June 1, 2012, the retiree class will all be required to make substantial payments for what were previously free health benefits and their participation in the health plan will be terminated unless such payments are made. There are approximately eight thousand retired carpenters in the class and an additional number of spouses and eligible dependents, and it is therefore impracticable to bring all of them and the other class members before the Court. There are questions of law and fact presented herein which are common to the entire class of persons; the named plaintiff`s’ claims are typical of those of the class; and the defendants have acted or refused to act on grounds identical in opposition to the interests of the entire class. The named plaintiffs will fairly and adequately protect the interests of the said class.

 Do not listen to clowns who say wheres the beef or you cant do anything about it. The NYC Retirees fought back and got some of it back regardless of how much.

 Good Luck and if I can direct you to any documents or info ask and I will. Most important is to understand these are your funds and not the UBCs play things or cash cows. Dont listen to these people sent here to discourage you from taking any action.