Information Required By The Employee Retirement Income Security Act Of 1974
Information required by the Act specified in Section 102(b).
1. The name, type of administration, and type of Plan:
Screen Actors Guild – Producers Pension Plan for Motion Picture Actors
Collectively Bargained, Joint – Trusteed Labor– Management Trust
Defined Benefit Plan
2. Internal Revenue Service Plan identification number and Plan Number:
The Employer Identification Number (EIN) issued to the Board of Trustees is: 95-6031814.
The Plan Number is: 001.
3. Name and address of the persons designated as agents for service of legal process:
Mark Hess, Esq.
Fox Rothschild, LLP
1800 Century Park East, Suite 300
Los Angeles, CA 90067
Robert Bush, Esq.
Bush Gottlieb, A Law Corporation
500 N. Central Avenue, Suite 800
Glendale, CA 91203
Legal process may also be served on a Plan Trustee.
4. Name and address of the administrator:
Board of Trustees
Screen Actors Guild – Producers Pension Plan
Business Arts Plaza
P.O. Box 7830
Burbank, CA 91510-7830
3601 West Olive Avenue
Burbank, CA 91505
5. Names and addresses of the trustees:
Names of the trustees
|Union Trustees||Producer Trustees|
|Daryl Anderson||Jay Barnett|
|Amy Aquino||Ted Bird|
|Timothy Blake||Tracy Cahill|
|Jim Bracchitta||Eryn Doherty|
|John Carter Brown||Marla Johnson|
|Duncan Crabtree-Ireland||Robert W. Johnson|
|Leigh French||Sheldon Kasdan|
|Barry Gordon||Shelley Landgraf|
|Al Hubbs||An T. Le|
|Bob Kaliban||Carol Lombardini|
|Richard Masur||Stacy K. Marcus|
|John T. McGuire||Diane P. Mirowski|
|Joseph Ruskin||Paul Muratore|
|John H. Sucke||Alan H. Raphael|
|Kathryn Swink||John E. Rhone|
|Kim Sykes||Robert Todd|
|Ned Vaughn||David Weissman|
|David P. White||Samuel P. Wolfson|
6. All Trustees may be contacted by writing to the Burbank Plan Office.
7. The Plan's Requirements Respecting Eligibility For Participation and Benefits
are shown on pages 2 to 30 and Articles I, II, III, IV, V, VI, and VII of the Pension Plan.
8. The Normal Retirement Age under the Plan
is the later of age 65, or (1) for participants who have Current Service Earnings on or after January 1, 1988, the fifth anniversary of the date the Participant commenced participation in the Plan, and (2) for Participants who do not have Current Service Earnings on or after January 1, 1988, the tenth anniversary of the date the Participant commenced participation in the Plan. The definition is in Article I, Section 18 of the Plan.
9. The Provisions of the 50% Joint and Survivor Pension
which provides a lifetime benefit for a surviving Spouse or Same-Sex Domestic Partner are set forth in Article IV of the Plan.
10. Description of Circumstances Which May Result In Disqualification, Ineligibility, Denial or Loss of Benefits:
- If a pensioner returns to employment prohibited by the Plan, he must inform the Board of Trustees, in writing, within 15 days of his return. Refer to Article VIII Section 9 of the Plan.
- A pensioner is not eligible to receive a pension benefit until the first day of the month following the date on which he files an application for a pension with the Plan. Refer to Article VIII, Section 1 of the Plan.
- Pension payments may be suspended or denied for failure to promptly comply with a request from the Administrator for information completely and in good faith, or for the willful making of a false statement material to a claim. Refer to Article VIII Section 2 of the Plan.
- If a pensioner receiving a Disability Pension loses entitlement to his Social Security Disability Benefit or is no longer Totally Disabled as defined by the Plan, he must inform the Board of Trustees, in writing, within 30 days of the date he receives notice from the Social Security Administration or no longer meets the Plan's definition. Refer to Article III, Section 12 of the Plan.
11. The Provisions Governing the Authority of the Trustees to Terminate or Amend the Plan:
The Pension Plan may be amended at any time by the Trustees, consistent with the provisions of the Trust Agreement. However, no amendment may decrease the accrued benefit of any Participant except as necessary to maintain compliance with the provisions of or to meet the requirements of Federal law.
The Trustees have the right to discontinue or terminate this Pension Plan in whole or in part. In the event of termination, the rights of all affected Participants to benefits then accrued, to the extent funded, shall be 100% vested.
12. Plan Termination Insurance:
Your pension benefits under this multi-employer plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. A multi-employer plan is a collectively bargained pension arrangement involving two or more unrelated employers, usually in a common industry.
Under the multi-employer plan program, the PBGC provides financial assistance through loans to plans that are insolvent. A multi-employer plan is considered insolvent if the plan is unable to pay benefits (at least equal to the PBGC's guaranteed benefit limit) when due.
The maximum benefit that the PBGC guarantees is set by law. Under the multi-employer program, the PBGC guarantee equals a participant's years of service multiplied by (1) 100% of the first $11 of the monthly benefit accrual rate and (2) 75% of the next $33. The PBGC's maximum guarantee limit is $35.75 per month times a participant's years of service. For example, the maximum annual guarantee for a retiree with 30 years of service would be $12,870.
The PBGC guarantee generally covers: (1) normal and early retirement benefits; (2) disability benefits if you become disabled under the rules of the plan before the Plan becomes insolvent; and (3) certain benefits for your survivors.
The PBGC guarantee generally does not cover: (1) benefits greater than the maximum guaranteed amount set by law; (2) benefit increases and new benefits based on Plan provisions that have been in place for fewer than 5 years at the earlier of: (i) the date the Plan terminates or (ii) the time the Plan becomes insolvent; (3) benefits that are not vested because you have not worked long enough; (4) benefits for which you have not met all of the requirements at the time the Plan becomes insolvent; and (5) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay and severance pay.
For more information about the PBGC and the benefits it guarantees, ask your Plan administrator or contact the PBGC's Technical Assistance Division, 1200 K Street, N.W., Suite 930, Washington, D.C. 20005-4026 or call 202-326-4000 (not a toll-free number). TTY/TDD users may call the federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4000. Additional information about the PBGC's pension insurance program is available through the PBGC's website on the Internet at hppt://www.pbgc.gov.
13. Source of financing of the Plan and identity of any organization through which benefits are provided:
All financing of the Plan is made by contributions to the Trust which are made by Producers in accordance with their collective bargaining agreements. The Plan Office will provide you, upon written request, information as to whether a particular Producer is contributing to this Plan on behalf of Actors performing services of the type covered under the collective bargaining agreement. Benefits are provided from the Fund's assets which are accumulated under the provisions of the collective bargaining agreements and the Trust Agreement and held in a Trust Fund for the purpose of providing benefits to covered Actors and defraying reasonable administrative expenses. Northern Trust Company has been designated as the Corporate Co-Trustee to the Plan. The investment managers as of July 1, 2013 are:
- Brandywine Asset Management, LLC
- Bridgewater Associates, Inc.
- Cambiar Investors, Inc.
- Delaware Investments
- Dimensional Fund Advisors, Inc.
- First Pacific Advisors
- International Value Advisors, LLC (IVA)
- JP Morgan Asset Management
- Lazard Asset Management
- Metropolitan West Asset Management
- Newton Capital Management, LLC
- Oaktree Capital Management
- Prudential Financial
- Walter Scott & Partners Limited
- Wedge Capital Management, LLP
- Western Asset
The list of investment managers may change from time to time.
14. Recordkeeping Period:
15. Remedies available under the Plan for the redress of claims which are denied in whole or part, including provisions required by Section 503 of the Employee Retirement Income Security Act of 1974:
If an individual wishes to appeal a denial of benefits in whole or in part, he should file a request for a review within 60 days (180 days for Disability Pensions) after receiving the denial. The appeal will be considered by the Board of Trustees or a committee appointed by the Board. Its decision will be communicated to the individual within 60 days after receipt of all pertinent evidence. Refer to Article VIII, Section 4 of the Plan.
16. Statement of ERISA Rights:
As a Participant in the Screen Actors Guild– Producers Pension Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Plan Participants shall be entitled to:
Receive Information about Your Plan and Benefits
Examine, without charge, at the Plan Office, all documents governing the Plan, including collective bargaining agreements, and a copy of the latest annual report (Form 5500 series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Pension and Welfare Benefit Administration.
Obtain, upon written request to the Chief Executive Officer, copies of documents governing the operation of the Plan, including collective bargaining agreements and copies of the latest annual report (Form 5500 series) and updated summary plan description. The Plan may make a reasonable charge for copies.
Receive the Annual Funding Notice which provides information regarding the financial health of the Plan, including descriptions of the Trustees' funding and investment policies and the allocation of the Plan's investments of the close of the prior Calendar. Effective January 1, 2009, this Annual Funding Notice replaces the requirement of providing you with a summary annual report.
Obtain a statement telling you whether you have a right to receive a pension at normal retirement age and, if so, what your benefit would be at normal retirement age if you stop working now. If you do not have a right to a pension the statement will tell you how many more years you have to work to get a right to a pension. This statement must be requested in writing and is not required to be given more than once every twelve (12) months. The plan must provide the statement free of charge. The plan will provide this information to the extent possible, based on available records.
Prudent Actions by Plan Fiduciaries
In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your plan, called "fiduciaries" of the plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your employer, your union, or any other person may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA.
Enforce Your Rights
If your claim for a pension benefit is denied in whole or in part you have the right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules.
Under ERISA there are steps you can take to enforce the above rights. For instance, if you request a copy of plan documents or the latest annual report from the plan and do not receive them within 30 days, you may file suit in a Federal court. In such a case, the court may require the plan administrator to provide the materials and pay up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. However, no legal action may be commenced or maintained against the Plan more than ninety (90) days after the Plan Trustees' written decision on appeal has been provided. The Plan Trustees' written decision on appeal will be deemed to have been provided on the fifth business day following the postmark date, if mailed, or the date of delivery if personally delivered or delivered by facsimile. A copy of this Statement of ERISA Rights, which shall constitute written notice of this ninety (90) day limitations period, shall be provided to the applicant along with the written notification of the Plan Trustees' decision on appeal. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in Federal court. If it should happen that the Plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim frivolous.
Assistance with Your Questions
If you have any questions about your Plan you should contact the Chief Executive Officer. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Chief Executive Officer, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U. S. Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Pension and Welfare Benefits Administration.
The preceding material was prepared to explain as clearly as possible your rights and benefits and other important features of your Pension Plan. For purposes of clarity, some of the precise detail of the Plan has been summarized. Every effort has been made to assure the accuracy of the summary. However, we must emphasize that nothing in this explanation is intended to change in any way the actual written provisions of the Plan itself.
In the event a dispute arises, your rights will be determined in accordance with the text of the Plan and by the procedures prescribed in the Plan. The full text of the Plan is in the following section of this booklet. The legal rules that govern the administration and your rights under the Plan are contained in the Plan's Trust Agreement and Plan Document, in the event of any conflict between the Trust Agreement and Plan Document and this Summary Plan Description booklet (or any other written or oral communication), the Trust Agreement and/or Plan Document takes precedence.
Only the Board of Trustees is authorized to interpret the Plan. Neither SAG-AFTRA nor any Producer nor any of their representatives are authorized to interpret the Plan or to act as an agent of the Board of Trustees.
If you have any questions about the Pension Plan, contact the Pension Plan Office. The staff has up-to-date information on the operation of the Plan and on your rights and responsibilities under it. The staff is available to help you with any question. Information from other sources is not official and may not be correct. Official communications of the Pension Plan must be in writing, signed on behalf of the full Board of Trustees.
Further information and application forms can be obtained from either one of the following Plan Offices:
Business Arts Plaza
3601 West Olive Avenue,
Burbank, CA 91505
P.O. Box 7830,
Burbank, CA 91510-7830
Phone: (818) 954-9400 or (800) 777-4013
Fax: (818) 953-9880
Email: [email protected]
275 Madison Avenue, #1819,
New York, NY 10016
Phone: (212) 599-6010
Fax: (212) 599-2375