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ERISA Rights Statement


As a Member of the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 ("ERISA"). ERISA provides that all plan Members can:

  1. Examine without charge, at the offices of McLane Company, Inc., the Plan document and copies of any documents filed by the Plan with the U.S. Department of Labor, such as detailed annual reports.
  2. Obtain copies of the Plan document and other information upon written request to the Administrator. The Administrator may make a reasonable charge for the copies.
  3. Receive a summary of the Plan's annual financial report. The Administrator is required by law to furnish each participant, without charge, a copy of this summary annual report.
  4. Receive information, upon written request, as to whether a particular employer is a sponsor of a plan and, if the employer is a plan sponsor, the sponsor's address.

In addition to creating rights for plan Members, ERISA imposes duties upon the people who are responsible for the operation of an employee welfare plan. The people who operate the Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and other Plan Members and beneficiaries.

Your employer may not fire you or otherwise discriminate against you in any way to prevent you from obtaining a benefit or exercising your rights under ERISA. If your claim for a benefit is denied, in whole or in part, you must receive a written explanation of the reason for the denial. You have the right to have the Administrator review and reconsider your claim.

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within thirty (30) days, you may file suit in a federal court. In such a case, the court may require the Administrator to provide the materials and pay you up to $100 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 you feel is improperly denied or ignored, in whole or in part, you may file suit in a state or federal court.

If it should happen that 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 the court decides in your favor, the person you have sued may be ordered to pay costs and fees. If you lose, the court may order you to pay. For example, if it finds your claim is frivolous, you may be required to pay these costs and fees.

If you have any questions about the Plan, you should contact the Administrator or its designated representative. If you have any questions about this statement or about your rights under ERISA, 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, D.C. 20210.


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