OTHER INFORMATION
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Your Right to Appeal a Decision Denying Benefits
If your application for a benefit is denied by the Fund office, you will be informed of the decision in writing no later than 90 days after receipt by the Fund of the application and other information or proof required to determine benefit rights. The Fund office may extend this 90-day period for special circumstances, but not beyond a period of 90 additional days. You will be informed in writing if the Fund office requires an extension for special circumstances. A decision denying an application for benefits will include:
Appeal Procedure
If you believe the Fund’s determination regarding your application for retirement benefits was in error, you have the right to appeal the determination to the Board of Trustees’ Appeals Committee. An appeal must be made in writing and submitted to the AFTRA Retirement Fund, P.O. Box 1806, Murray Hill Station, New York, NY 10156-1806. In order to be timely, an appeal must be submitted no later than 180 days from your receipt of the Fund’s notification denying retirement benefits. You have the right to submit comments, documents or other information for consideration on appeal. The appeal will be considered at the next regularly scheduled meeting of the Trustees’ Appeals Committee. If the appeal is received less than 31 days before the next regularly scheduled meeting, then it will be considered at the second meeting following receipt of the appeal. If special circumstances require an extension of time beyond the first meeting at which the appeal is considered, then a determination shall be made at a subsequent meeting, but no later than the third meeting following receipt of an appeal. You will be notified in writing of an extension based upon special circumstances.
If, after the conclusion of the appeals process, your appeal has been denied in whole or in part, you have the right to file a lawsuit under the Employee Retirement Income Security Act of 1974 (ERISA). A lawsuit may be commenced only after the conclusion of the appeals process.
Right to Review Information
You have the right to review, and receive free of charge upon request, documents or other information relevant to your claim for benefits.
Authorized Representative
Your application for benefits and appeal from a denial of retirement benefits may be submitted by you or by an authorized representative on your behalf. If you choose to designate someone else to act on your behalf, you must inform the Fund in writing. If you revoke the designation, either to designate someone else or to act on your behalf, the revocation will not be effective until written notice is received by the Fund. Once you have designated an authorized representative, all communications and notices from the Fund regarding your retirement benefit, or your appeal, that would otherwise be sent to you will be sent to your designated representative, unless you advise the Fund to continue to provide these communications and notices to you as well.
Appeal Procedure for Other Fund Decisions
Participants may appeal Fund decisions other than a denial of an application for retirement benefits. Decisions other than a denial of a retirement benefit, such as an eligibility determination, earnings review, or response to an inquiry about what benefits are payable may also be appealed by Participants in accordance with the following rules:
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Your Right to Appeal a Decision Denying Benefits
If your application for a benefit is denied by the Fund office, you will be informed of the decision in writing no later than 90 days after receipt by the Fund of the application and other information or proof required to determine benefit rights. The Fund office may extend this 90-day period for special circumstances, but not beyond a period of 90 additional days. You will be informed in writing if the Fund office requires an extension for special circumstances. A decision denying an application for benefits will include:
- the specific reason(s) for the determination;
- reference to the specific plan provision(s) on which the determination is based;
- if applicable, a description of any additional material or information necessary to remedy a deficiency in your application;
- a description of the process and time limit by which you or your authorized representative may appeal the determination.
Appeal Procedure
If you believe the Fund’s determination regarding your application for retirement benefits was in error, you have the right to appeal the determination to the Board of Trustees’ Appeals Committee. An appeal must be made in writing and submitted to the AFTRA Retirement Fund, P.O. Box 1806, Murray Hill Station, New York, NY 10156-1806. In order to be timely, an appeal must be submitted no later than 180 days from your receipt of the Fund’s notification denying retirement benefits. You have the right to submit comments, documents or other information for consideration on appeal. The appeal will be considered at the next regularly scheduled meeting of the Trustees’ Appeals Committee. If the appeal is received less than 31 days before the next regularly scheduled meeting, then it will be considered at the second meeting following receipt of the appeal. If special circumstances require an extension of time beyond the first meeting at which the appeal is considered, then a determination shall be made at a subsequent meeting, but no later than the third meeting following receipt of an appeal. You will be notified in writing of an extension based upon special circumstances.
If, after the conclusion of the appeals process, your appeal has been denied in whole or in part, you have the right to file a lawsuit under the Employee Retirement Income Security Act of 1974 (ERISA). A lawsuit may be commenced only after the conclusion of the appeals process.
Right to Review Information
You have the right to review, and receive free of charge upon request, documents or other information relevant to your claim for benefits.
Authorized Representative
Your application for benefits and appeal from a denial of retirement benefits may be submitted by you or by an authorized representative on your behalf. If you choose to designate someone else to act on your behalf, you must inform the Fund in writing. If you revoke the designation, either to designate someone else or to act on your behalf, the revocation will not be effective until written notice is received by the Fund. Once you have designated an authorized representative, all communications and notices from the Fund regarding your retirement benefit, or your appeal, that would otherwise be sent to you will be sent to your designated representative, unless you advise the Fund to continue to provide these communications and notices to you as well.
Appeal Procedure for Other Fund Decisions
Participants may appeal Fund decisions other than a denial of an application for retirement benefits. Decisions other than a denial of a retirement benefit, such as an eligibility determination, earnings review, or response to an inquiry about what benefits are payable may also be appealed by Participants in accordance with the following rules:
- You may request an administrative appeal of the Fund’s decision within 180 days of the date of the Fund’s initial written decision.
- The request for an administrative appeal must be in writing and be submitted to the Appeals Department of the Funds office, P.O. Box 1806, Murray Hill Station, New York, NY 10156-1806. The request must state the reasons why you feel the decision was incorrect. You may request to review pertinent documents relating to the Fund’s determination in connection with your appeal.
- You will receive a notification of the Fund’s decision within 60 days of receipt of the appeal, unless a 60-day extension is needed to complete the review, in which case the Fund will notify you within the initial 60-day period.
- If the review upholds the original decision, you may then appeal the administrative decision in writing to the Trustees’ Appeals Committee within 180 days of the date of the administrative decision.
- The Appeals Committee will make a final decision at its next regularly scheduled meeting following receipt of the appeal. If, however, your request is received less than 31 days before the next Appeals Committee meeting, then it will be considered at the second meeting following receipt of the appeal. If special circumstances require an extension of time beyond the first meeting at which the appeal is considered, then a determination shall be made at a subsequent meeting, but no later than the third meeting following receipt of an appeal. You will be notified in writing of an extension based upon special circumstances.
- You will receive written notification of the decision regarding an
administrative appeal and of the decision of the Appeals Committee. The
notification will include the reasons for the determination and
reference to the plan provision(s) upon which the determination is
based. You may request to review pertinent documents considered in the
review of the appeal.
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