Your Rights Under Federal Law

The Employee Retirement Income Security Act of 1974 (ERISA) was enacted to protect the interest of participants and beneficiaries in certain employee benefit plans.

As a participant in the A&B benefit plans described in your Benefits Handbook, you have certain rights and protections under ERISA, as outlined in the following statement adapted from the U.S. Department of Labor regulations.

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ERISA Rights Statement

ERISA provides that all plan participants are entitled to...

  • Examine, without charge, at the plan administrator's principal office*—and at other specified locations—all plan documents and insurance contracts. The Plan Administrator's principal office is located at 822 Bishop St., Honolulu, HI 96813. Participants may also examine the latest annual report (Form 5500 Series) filed with the U.S. Department of Labor, and available at the Public Disclosure Room of the Employee Benefits Security Administration.

  • Obtain copies of all documents and other plan information governing the plan by writing to the appropriate Plan Administrator. The administrator may make a reasonable charge for the copies.

  • Receive a summary of the plan's annual financial report (the plan administrator is required by law to furnish each plan participant with a copy of this summary annual report).

  • Receive a written explanation of why a claim for benefits has been denied, in whole or in part, and a review and reconsideration of the claim.

  • Obtain a statement of account values in the retirement program (Retirement Plan for Salaried Employees, IDC Plan, and PSR Plan) and what portion would be yours, if any, if you stopped working now. If you are not entitled to a benefit under any of the retirement plans at the time you request the statement, the statement will tell you how many years you must work to earn the right to a benefit. This statement, which must be provided at no charge and must be requested in writing, is not required to be given more than once every 12 months.

  • Continue group health care coverage (for yourself, your spouse and/or dependent children) if there is a loss of coverage under the plan due to a qualifying event, though you or your dependents will have to pay for this coverage. For additional details, see COBRA Continuation Coverage.

  • A reduction in, or elimination of, exclusionary periods of coverage for pre-existing conditions that may apply under your medical plan if you have creditable coverage from another plan. Note, however, that no such restrictions apply under any of the A&B medical plans. You should be provided a certificate of creditable coverage, free of charge, from your group health plan when you:

    • lose coverage under the plan,

    • become entitled to COBRA continuation coverage, or

    • lose COBRA continuation coverage.

      You have up to 24 months after losing coverage to request evidence of creditable coverage. Without evidence of creditable coverage, you may be subject to a pre-existing condition exclusion for 12 months (18 months for late enrollees) after you apply for new group coverage.

In addition to creating rights for plan participants, ERISA imposes obligations on those responsible for the operation of your plans. The people who operate the plans ("fiduciaries") must do so prudently and in the interest of all plan participants and beneficiaries.

No one—neither the Company nor any individual—may fire you or otherwise discriminate against you for obtaining a benefit or exercising your rights under ERISA. However, this rule neither guarantees continued employment, nor affects your employer's right to terminate your employment for other reasons.

If your claim for a 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 rights listed above. For instance, if you request a copy of plan documents or the latest annual report from the Plan Administrator 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 you up to $110 a day until you receive them, unless they were not sent because of reasons beyond the administrator's control.

If your claim for benefits is denied, and you have been through the plan's appeals procedure, you may sue in a state or Federal court. In addition, if you disagree with the plan's decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in Federal court.

Similarly, if you believe plan fiduciaries are misusing plan 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 win, the court may order the person you sued to pay these legal expenses. If you lose, the court may order you to pay the court costs and legal fees (if, for example, it finds your claim is frivolous).

If you have questions about one of the plans, you should contact the plan administrator. If you have questions about this statement or your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory. You may also contact the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Ave. N.W., Washington, D.C., 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.

Remember: The Benefits Handbook does not attempt to cover every detail of all Alexander & Baldwin, Inc. employee benefits. Also, only the plan administrator is authorized to make administrative interpretations of the provisions of any plan and will do so only in writing. You should not rely on any representation—whether oral or in writing—that any other individual may make concerning plan provisions and your entitlement to benefits under any plan.

The descriptions in your Benefits Handbook are intended to meet the Company's Summary Plan Description (SPD) requirements for the benefits available to eligible Company employees, except as otherwise noted.

Alexander & Baldwin, Inc.
Employee Benefits ©Alexander & Baldwin, Inc.
822 Bishop St.
Honolulu, HI 96813

All rights reserved. No part of this document may be reproduced, photocopied, stored on a retrieval system or transmitted without the expressed written consent of the publisher

The Benefits Handbook describes the benefits provided to Alexander & Baldwin, Inc. salaried non-bargaining employees working in the U.S., or its territories or possessions. By adopting and maintaining this benefits program, Alexander & Baldwin, Inc. has not entered into an employment contract with any employee.

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