RIT
Human Resources

Voluntary Retirement Plan

Important Information

The information in this document is a summary of the major provisions of this benefit plan, and constitutes the summary plan description as governed by the Employee Retirement Income Security Act of 1974 (ERISA). Benefits under the plan are determined by the terms of the underlying plan document and contracts. In the case of any inconsistency between this document and the plan document or contract, the plan document or contract will govern your rights and benefits. \n\n RIT intends to continue the benefit plans indefinitely, but reserves the right to modify or terminate all or any portion of the employee benefits package at any time with or without notice. Such changes automatically will apply to you and your employment relationship at RIT. Participation in this plan is provided to eligible employees and does not constitute a guarantee of employment, requires continued employment and eligibility and is subject to the terms and conditions of the underlying plan document and insurance contracts.

Important Note to Employees Hired On or After January 1, 2006

RIT's Basic Retirement Plan will be changed for employees who are hired on or after January 1, 2006.

Table of Contents

Plan Number: 002
Plan Year: 01/01 - 12/31
Plan Established: 07/01/1938

Introduction

In addition to the benefit provided under the Basic Retirement Plan, described in the previous section, the Rochester Institute of Technology Voluntary Retirement Plan (Plan) allows participants to make their own contributions beyond the 2% required for the Basic Plan. Contributions under the Voluntary Plan are applied either to annuity contracts issued by TIAA-CREF or to mutual funds sponsored by Fidelity Investments, Inc. or any other investment vehicle that RIT may designate from time to time.

Like the Basic Retirement Plan, the Voluntary Plan is part of a tax sheltered annuity retirement program for RIT's employees under Internal Revenue Code Section 403(b). This summary does not contain all the details of the Plan which are in the Plan document. The series of questions and answers summarize how the Plan works, what benefits it provides, and how to obtain these benefits.

Participation

Who is Eligible to Participate in the Plan?

All faculty, educational development faculty and staff, all employees participating in RIT's Retirement Transition Program, post-doctoral candidates and part-time/temporary ("adjunct") faculty are eligible to participate in this Plan beginning on the first day of the month following their date of employment with RIT. Notwithstanding the foregoing, student employees whose employment is incidental to their educational programs at RIT, leased employees, and independent contractors are not eligible to participate.

Participation in this Plan is wholly voluntary for eligible employees. An employee who is eligible to participate as described in the preceding paragraph may commence participation as of the first day of any month by completing a Salary Reduction Agreement. If an employee participates in both this Plan and the Basic Plan, salary reduction contributions to both Plans will all be made after you complete a single Salary Reduction Agreement.

Contributions to the Plan

Do I Have to Contribute to the Plan?

No, participation is wholly voluntary. This Plan is intended to supplement RIT's Basic Plan for all employees who participate in that plan and wish to contribute more than 2 percent of compensation. The Plan is also intended to serve as the principal retirement savings vehicle for employees who are not eligible to contribute to the Basic Plan. If you choose to participate in this Plan your contributions may be either pre-tax (salary reduction) or after-tax. To make contributions under the Plan, you enter into a Salary Reduction Agreement with RIT. Under this Agreement your eligible compensation will be reduced by the percentage you elect up to a maximum of 80 percent of your eligible compensation, and this amount will be contributed to the Plan. You may enter only two different salary reduction agreements during a year, one during the first six months of the year and one during the second six months of the year. For example, let's say you have been in the Plan for several years without changing the level of your contributions. During the period of January 1 to June 30 of any year you may change the level of contributions. You cannot make a further change until the July 1 through December 31 period of that year. If you make a change during that July 1 through December 31 period, no new change can be made until the first six months of the following year. When you submit a Salary Reduction Agreement, that Agreement will become effective with the next payroll run after your Agreement is processed administratively by RIT.

You may, at anytime, terminate your Salary Reduction Agreement with respect to contributions on future earnings. Finally, if you enter the uniformed services and your reemployment rights are protected by federal law, you may, upon your return, make the contributions you would have made had you not entered military service in accordance with the requirements of federal law.

How Much Will RIT Contribute to the Plan Each Plan Year for Me?

RIT makes no contributions to this Plan. RIT agrees to forward your own contributions to the appropriate fund sponsor. For a description of RIT's contribution to the Basic Retirement Plan, see the section of this handbook describing that plan.

What is My "Eligible Compensation?"

For purposes of Plan contributions, the term eligible compensation means all pay reported on your annual Form W-2 from RIT, including (1) regular base pay as remuneration for services, (2) any one-time annual merit increase paid as a bonus under the RIT Compensation Plan, (3) employee salary reduction contributions to this Plan or another plan under Internal Revenue Code Sections 125, 132(f), 403(b) or 457(b) if not included above, and (4) shift premium and overtime pay, and summer salary for faculty. Compensation cannot include any amounts in excess of $200,000 (as adjusted for cost of living increases under the Internal Revenue Code) for a Plan Year. Contributions for a pay period will be based only on eligible compensation as defined above, payable with respect to such pay period.

Is There a Limit on the Amount of Contributions Made to the Plan?

Yes. In addition to any percentage and compensation limitations described above, your own salary reduction contributions to this Plan and the Basic Retirement Plan are limited by Internal Revenue Code Section 402(g). In 2002, this dollar limit is $11,000 and will increase to $12,000 in 2003; $13,000 in 2004; $14,000 in 2005; and $15,000 in 2006 (thereafter it will be adjusted by the government for inflation). If you have made salary reduction contributions that exceed the 402(g) limit, you should request a distribution of the excess by notifying the Plan administrator by March 1 of the following year. The excess will be distributed to you by April 15.

Beginning in 2002, participants who will be at least age 50 by the end of the year are permitted to contribute an extra $1,000 per year if their contributions would otherwise exceed the limits discussed above. This amount increases to $2,000 in 2003; $3,000 in 2004; $4,000 in 2005; and $5,000 in 2006. Thus, for example, an employee age 50 or over who would normally be limited to a salary reduction contribution of $11,000 in 2002 can actually contribute $12,000 in this year. Catch-up contributions are required to be made to this Plan only and not to the Basic Plan. Matching contributions will not be made with respect to your catch-up contributions.

Under a special rule that applies to 403(b) plans, if you have 15 or more years of service, and have used up your full dollar amount as described above, you may be eligible to make an extra contribution of up to $3,000 per year. For example, the normal $11,000 limit for 2002 can increase to $14,000. In addition to the 15 years of service requirement, the extra contributions are subject to the following restrictions: (1) the total extra contributions you may make for all years are limited to $15,000; and (2) no extra contributions can be made after your total elective deferrals to all plans (i.e., all contributions to this Plan and to any other 403(b), 401(k) or similar plan) reach the sum of $5,000 times your years of service (for example, if you have 20 years of service with RIT, you are not eligible to make extra contributions if your total contributions in all prior years is $200,000 or more). These extra contributions are required to be made to this Plan only and not to the Basic Plan. Matching contributions will not be made with respect to these extra contributions.

Finally, the total amount of your contributions for any year under this Plan and the Basic Retirement Plan plus RIT's matching contributions made on your behalf under the Basic Retirement Plan cannot exceed the lesser of 100 percent of your compensation or $40,000 ($41,000 if you make catch-up contributions). These limits may be adjusted from time to time. The amount of matching contributions and after-tax contributions made by highly-compensated employees may also be limited by the Internal Revenue Code Section 401(m) limit. For more information on these limits, contact your fund sponsor.

Am I Able to Roll Over Funds from Other Employer-Sponsored Retirement Plans and Individual Retirement Accounts to the Plan?

Yes. As a result of a recent change in the law, direct rollovers from other employer's retirement plans and individual retirement accounts (IRAs) into this Plan are permitted. If you have funds in another employer's 403(b) plan, in a 401(k) plan or 457 (b) plan, or an IRA, and you are interested in learning about rollovers, you should contact your fund sponsor.

Investments

What Happens to the Contributions that RIT and I Make to the Plan?

All contributions made to the Plan on your behalf will be sent to an approved fund sponsor and invested in one or more investment funds that you select from among those offered by the fund sponsor. At the present time, investments may be made in funds offered by TIAA-CREF and/or Fidelity Investments, Inc. TIAA-CREF is an insurance company and its investments are offered pursuant to individual annuity contracts. Fidelity is a mutual fund company whose investments are mutual funds offered pursuant to custodial account agreements. Each of the fund sponsors offers a wide range of equity and fixed income funds. You may obtain a description of the funds offered from time to time by contacting the Human Resources Department. Since you elect where your funds will be invested, it is important that you read and understand the prospectuses and other information available with respect to each fund. You may also wish to consult with your financial advisor about which funds will best meet your needs.

You will need to complete an application form with TIAA-CREF and/or Fidelity to direct your investments within their organizations. You will then be issued an individual annuity contract or a custodial account agreement whose terms and conditions will govern your investments in those chosen vehicles and your rights to transfer investments, to receive distributions and so forth.

You may also change the investment vehicle for your accumulated contributions in accordance with the terms and conditions applicable to the relevant investment vehicles. You must arrange for any such change directly with the relevant fund sponsors. Individual annuity contracts or custodial account agreements may impose restrictions on the transfer of accumulated funds, including prohibitions against any transfer, and any transfers under this Plan shall be subject to these restrictions. If any of the investment vehicles imposes a fee on the transfer of funds, any such fee will be deducted from your accounts.

Vesting

What am I Entitled to Receive from the Plan?

An individual account is maintained for you under the Plan, and all contributions made by you are credited to this account. The benefit you are entitled to receive from the Plan is based on the value of your individual account, i.e., the total of all contributions as adjusted for investment earnings and losses. Your benefits will be paid according to the provisions described in the next section.

You are 100 percent vested (have a permanent right to) in the total value of your individual account immediately upon becoming a Participant in the Plan.

Receiving Benefits

May I Receive My Plan Benefits at Any Time I Want Them?

No. There are various rules regarding distributions of Plan benefits. Prior to termination of employment, you may only receive a distribution upon attainment of age 59-1/2 or in the event you incur financial hardship prior to age 59-1/2 , or you may be able to take a loan from the Plan depending on your investments. The rest of this section covers general rules regarding distributions while you are working, and when you retire or terminate employment with RIT.

What In-Serice Distributions Are Available to Me?

When you reach age 59� you may withdraw some or all of your individual account pursuant to the terms of the applicable annuity contract or custodial agreement. If you are not age 59�, the distribution of your salary reduction contributions (but not any earnings) can also be made upon a showing of hardship. A hardship is a financial emergency such as an uninsured medical expense, the purchase of your principal residence, tuition or related educational fees for the next 12 months, and the prevention of your eviction or a mortgage foreclosure for which you have no other reasonable source of funds to meet the hardship. You will be required to take a plan loan if you are eligible for one (see the following question) before any hardship withdrawal will be permitted unless the making of the loan will itself create a hardship.

May I Borrow From the Plan?

Yes, but only if your annuity contract or custodial agreement permits loans and then only in accordance with the terms and conditions of such contract or agreement. Presently, you may take loans against your TIAA-CREF group supplemental retirement annuity. You may not take loans against your TIAA-CREF regular retirement annuity, or against your account invested with Fidelity. In general, you will not be able to borrow less than a minimum amount (e.g., $1,000) not more than a maximum (the law prevents loans in excess of $50,000 or one-half your account balance but a fund sponsor may have a lower limit). A fund sponsor may also impose a limit on the number of loans you may have and may impose a fee for processing a loan. Except for housing loans, you cannot borrow for a period of more than 5 years. You should contact the fund sponsor for additional information about plan loans.

What is Normal Retirement Age?

Your benefits may commence when you reach your normal retirement age (the last day of the month in which you reach age 65), or when you actually retire, if later, and will be based on the value of your individual account on the date benefit payments commence. You must make an application for benefits in order for them to be paid.

You may also receive a distribution from your individual account if you retire early. The timing of such distributions and the form of payment will be governed by the terms of your annuity contract or custodial agreement governing your chosen investment fund or funds.

What are the Rules for Retirement Eligibilty?

Date of hire, age and years of service determine an employee's eligibility to retire from RIT. You must be a regular full-time or extended part-time employee and meet the following criteria to be eligible to retire from RIT:

For employees hired prior to July 1, 1990:

For employees hired on or after July 1, 1990 but before January 1, 1995:

For employees hired on or after January 1, 1995:

May I Continue to Participate in the Plan if I Work Beyond My Normal Retirement Age?

Yes. If you work beyond normal retirement, contributions on your behalf may continue. Your benefits will not commence until the date you actually retire.

What Happens if I Become Disabled?

You may be eligible to receive benefits on the date of your disability after making timely application for benefits, based on the value of your individual account on the date benefit payments commence. You can elect to defer receiving your benefits until your normal retirement age, and such deferred benefit will be based on the value of your individual account as of the date benefit payments commence. You will be considered to be "disabled" if you are determined to be disabled by the Social Security Administration.

What Happens if I Die Before I Receive Any Benefits Under the Plan?

If you are married and die before receiving any benefits under the Plan, distribution of at least 50% of the value of your individual account will be made to your spouse in the form of an annuity for the life of your spouse, unless you and your spouse elect another payment option available from the investment fund or funds in which your account is invested. If you are not married and die before receiving any benefits under the Plan, your full account balance will be paid in accordance with your current beneficiary designation.

Your beneficiary is your spouse, or, if you are not married or if your spouse consents in writing to the naming of an alternate beneficiary, the person, estate or trust named by you, who may be entitled to receive a benefit upon your death. You name the beneficiary of the death benefit under the Plan by filing a beneficiary designation form with TIAA-CREF or Fidelity, or both, as the case may be. You may change your beneficiary by filing an acceptable change of designation with TIAA-CREF or Fidelity, or both.

If I Die, When Are Benefits Paid to My Beneficiary?

If you die before benefits have started, your entire account must be distributed within five years of death. This five year rule does not apply if payment to your beneficiary begins within one year of your death and is made over your beneficiary's life or over a period not exceeding your beneficiary's life expectancy. If your beneficiary is your spouse, a special rule permits the distribution to be delayed until the date you would have attained age 70� and then be made over the life of your spouse or over a period not exceeding the life expectancy of your spouse.

What Happens When I Terminate Employment?

If you terminate employment for any reason other than retirement, disability or death, you will be entitled to receive a distribution equal to the value of your individual account. However, you may leave your benefit in your individual account and take a distribution at a later time. The forms of payment available to you and the time at which you will receive these benefits will be governed by the annuity contract or custodial agreement governing your investment elections.

How Are Benefits Under the Plan Paid?

The annuity contract or custodial agreement for your particular investment fund or funds will govern the form and timing of your benefits. Typically, you may expect to receive benefits in a lump sum, in installment payments over a fixed period of time or in an annuity over your lifetime or the joint lives of you and another person, e.g., until the last to die of you and your spouse. Not all funds will offer all these choices. If you are married, federal law dictates certain aspects of the payment of benefits. A married participant and his or her spouse may waive the spousal entitlement to receive benefits only if a written waiver of the benefit is signed by the participant and the spouse (unless the spouse cannot be located) and is filed with the investment fund sponsor in a form acceptable to it. A valid waiver of the spouse's benefits will permit distribution in any form permitted by the relevant investment vehicles, including a lump sum payment from those vehicles that permit it. Unless the participant has elected a specific form of benefit that will be paid to the spouse, whenever the spouse or other beneficiary is entitled to receive a benefit under this Plan, the spouse or other beneficiary may choose the form of benefit from among the choices made available by the relevant investment fund sponsor.

Are My Benefits Required to Begin at Any Particular Time?

Distribution of any benefits must be made or must begin not later than the April 1 following the calendar year in which either you attain age 70� or terminate employment, whichever is later. Regardless of when your distribution must begin, it must be made at least as rapidly as over your life (or the joint lives of you and your beneficiary) or over a period not exceeding your life expectancy (or the joint life expectancies of you and your beneficiary). Payment must be made pursuant to a schedule whereby the entire amount in your accounts will be paid over a period that does not extend beyond your life or over the joint lives of you and your designated individual beneficiary. Participants who fail to satisfy these requirements are subject to an excise tax penalty of 50 percent of the amount that was supposed to have been, but was not, distributed in a year.

May I Roll Over My Accumulations?

If you're entitled to receive a distribution from your contract which is an "eligible rollover distribution," you may roll over all or a portion of it either directly or within 60 days after receipt into another tax-favored retirement plan or into an IRA. An eligible rollover distribution, in general, is any cash distribution other than an annuity payment, a minimum distribution payment or a payment which is part of a fixed period payment over ten or more years. The distribution will be subject to a 20 percent federal withholding tax unless it's rolled over directly into another retirement plan or into an IRA; this process is called a "direct" rollover. If you have the distribution paid to you, then 20 percent of the distribution must be withheld even if you intend to roll over the money into another retirement plan or into an IRA within 60 days. To avoid withholding, instruct the fund sponsor to directly roll over the money for you.

What If My Benefits Are Subject to a Domestic Relations Order?

Although your benefits generally cannot be paid, voluntarily or involuntarily, to any other person, certain "qualified" domestic relations orders can require a plan to pay some or all of your account to your spouse, former spouse, children or dependents. A domestic relations order must be presented to the Plan Administrator for a determination of whether a particular order is qualified. If qualified, your account will be distributed pursuant to the order's terms.

Claims for Benefits

How Do I Claim My Benefits?

Requests for information and claims or service of legal process concerning eligibility, participation, contributions, or other aspects of the operation of the Plan should be in writing and directed to the Human Resources Department. If a written request or claim is denied, the Human Resources Department shall, within a reasonable time, provide a written notice of the denial to the Participant. This notice will include the Plan section upon which the denial is based, a description of any material needed to complete the request (if appropriate) and why it is necessary, and instructions on how to apply for a review of the denial. When the administrator requires additional time to process a request because of special circumstances, an extension may be obtained by notifying the Participant that a decision on the request will be delayed, what circumstances have caused the delay and when a decision can be expected. The administrator will inform the Participant of the delay within 90 days of the date the request was submitted.

A Participant may request in writing a review of a denied claim, and may review pertinent documents and submit issues and comments in writing to the administrator. The administrator shall provide in writing to the Participant a decision upon such request for review of a denied claim, within sixty (60) days of receipt of the request. When special circumstances require an extension, the administrator may obtain such extension by notifying the Participant that the decision on the review of the denied claim will be delayed, why and when a decision can be expected.

Requests for information concerning TIAA-CREF's annuity contracts or Fidelity's custodial accounts and their terms and conditions and the interpretations thereof, claims thereunder, any requests for review of such claims, and service of legal process may be directed in writing to the pertinent institution. If a written request is denied, TIAA-CREF or Fidelity shall within a reasonable period of time provide a written notice of the denial to the Participant. This notice will include the specific reasons for denial, the provisions of the institution's contracts on which the denial is based, and how the Participant may apply for a review of the denied claim. Where appropriate, the notice will also include a description of any material which is needed to complete or perfect a claim and why such material is necessary. A Participant may request in writing a review of a claim denied by TIAA-CREF or Fidelity and may review pertinent documents and submit issues and comments in writing to the appropriate institution. TIAA-CREF or Fidelity shall provide in writing to the Participant a decision upon such request for review of a denied claim within sixty (60) days of receipt of the request. If special circumstances require a delay of the initial decision on a claim or a review of a denied claim, the institution will notify the Participant within 90 days of the date the claim was initially submitted or within 60 days of the date a review was requested. The notice will explain the reasons for the delay and when a decision can be expected.

Loss of Benefits

Are There Any Circumstances That May Result in a Reduction or Loss of My Benefits?

Miscellaneous

What Happens If the Plan is Amended or Terminated?

RIT has the right to amend, change or terminate the Plan at any time. Modifications may include such items as changing the classes of persons eligible to participate, changing the level or type of benefits, changing the level of contributions or changing the way Plan costs are met. You will be notified of any changes that are made. However, no amendment can deprive you of your vested interest under the Plan and no portion of your individual account will revert to RIT.

The Plan was adopted with the intent of being permanent. However, if the Plan is terminated, the value of your individual account will be distributed in accordance with the provisions of your individual annuity contract or custodial agreement.

What Are My Rights Under the Law?

Participants in this Plan are entitled to certain rights and protections under the Employee Retirement Income Security Act of l974 (ERISA). Your rights under ERISA are described in the Introduction section at the front of this handbook.

Plan Administration

What are the Duties of the Plan Administrator?

The Plan Administrator has the exclusive duty and authority, in its discretion, to determine the eligibility of any Participant or employee for benefits, to interpret the provisions of the Plan, to decide any disputes which may arise regarding the rights of Participants and Beneficiaries, and to manage the day-to-day operations of the Plan. Any disputes arising under the Plan shall be resolved by the Plan Administrator, and the Plan Administrator's decision is binding on all concerned parties.

The duties of the Plan Administrator include:

Plan Information

Type of Plan: Defined Contribution (Money Purchase) Tax Deferred Annuity Plan under Internal Revenue Code Section 403(b). Benefits under this Plan are not insured under Title IV of the Employee Retirement Income Security Act of 1974 (ERISA) because the insurance provisions do not apply to plans with individual accounts for each Participant.

Plan Funded Through: Fidelity Investments, Inc. and Teachers Insurance and Annuity Association College Retirement Equities Fund (TIAA-CREF) and Fidelity Investments, Inc.

Your Rights under ERISA

[The U.S. Department of Labor requires that the following notice be included in all Summary Plan Descriptions.]

As a participant in Rochester Institute of Technology benefit plans, 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 administrator's office and at other specified locations, such as worksites, all documents governing the plan, including insurance contracts, 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 plan administrator, copies of documents governing the operation of the plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated summary plan description. The administrator may make a reasonable charge for the copies.

Receive a summary of the Plan's annual report. The Plan Administrator is required by law to furnish each Participant with a copy of this summary financial report.

Continue Group Health Care Coverage

Continue health care coverage for yourself, spouse or dependents if there is a loss of coverage under the plan as a result of a qualifying event. You or your dependents may have to pay for such coverage. Review this summary plan description and the documents governing the plan on the rules governing your COBRA continuation coverage rights.

Reduction or elimination of exclusionary periods of coverage for preexisting conditions under your group health plan, if you have creditable coverage from another plan. You should be provided a certificate of creditable coverage, free of charge, from your group health plan or health insurance issuer when you lose coverage under the plan, when you become entitled to elect COBRA continuation coverage, when your COBRA continuation coverage ceases, if you request it before losing coverage, or if you request it up to 24 months after losing 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 your enrollment date in your coverage. [NOTE: None of the health insurance options presently offered by RIT include a pre-existing condition exclusion.]

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, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA.

Enforce Your Rights

If your claim for a welfare benefit is denied or ignored, in whole or in part, you have a 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 you 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. 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. 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 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 is frivolous.

Assistance with Your Questions

If you have any questions about your plan, you should contact the plan administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the plan administrator, 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. 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.

Your Rights under the Newborns' and Mothers' Health Protection Act

Group health plans and health insurance issuers generally may not, under federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours).

Qualified Medical Child Support Orders ("QMCSOS")

A medical child support order shall be filed with the plan administrator as soon as reasonably possible after it has been filed promptly upon the receipt of such order, the plan administrator shall notify the participant and each person eligible to receive benefits under the terms of the order ("alternate recipients") of its receipt and of the procedures set forth in this section 14.04.

The Participant and the alternate recipients may provide comments to the Plan Administrator with respect to the order during the 30 day period commencing as of the date the Plan Administrator sends them notice of receipt of the order. The Plan Administrator shall, within the 60 day period commencing as of the expiration of the 30 day comment period specified in the preceding sentence, determine whether the order is qualified and shall so notify the participant and the alternate recipients in writing of its decision. The parties may waive the 30 day comment period. If they do so, the 60 day period shall commence as of the date all parties have waived their rights to submit comments. The Plan Administrator's determination on the qualified status of an order is final. As soon as reasonably practicable following its notification that an order is "qualified," the Plan Administrator shall take such steps it deems appropriate to implement the order.

The Plan Administrator encourages parties to submit draft orders for "pre-approval" of their qualified status prior to their being submitted to a court for signature as such pre-approval will expedite approval procedures.

An alternate recipient may designate a representative for receipt of copies of notices that are sent to an alternate recipient with respect to a medical child support order.

Claim Procedures

  1. Claims for Benefits - An Employee wishing to present a claim for benefits for himself or his Dependents should obtain a claim form or forms from his Employer or Plan Administrator. The applicable section of such form or forms should be completed by (1) Employee, (2) Employer or Plan Administrator, and (3) attending Physician or Hospital. Claims will only be processed if received within a reasonable time following the date the expense to which the claim relates arises.

    Following completion, the claim form or forms should be submitted to the Plan's representative as indicated on the reverse side of the Employee's Benefit Plan Identification Card. The organization that is authorized by the Plan to process and pay claims (the Plan's Claims Administrator) will compute benefits due, and cause proper claims to be paid. Unless the Employee assigns benefits to a doctor or to a Hospital, draft(s) will be made payable to the Employee.

    A decision will be made by the Claims Administrator no more than ninety (90) days after receipt of due proof of loss, except in special circumstances (such as the need to obtain further information), but in no case more than one hundred eighty (180) days after the due proof of loss is received. The written decision will include specific reasons for the decisions and specific references to the Plan provisions on which the decision is based.

  2. Appealing Denial of Claims - If a claim for benefits is wholly or partially denied, notice of the decision shall be furnished to the Employee. This written decision will:
    1. Give the specific reason or reasons for denial;
    2. Make specific reference to the Plan provisions on which the denial is based;
    3. Provide a description of any additional information necessary to perfect the claim, if possible, and an explanation of why it is necessary; and
    4. Provide an explanation of the review procedure.
    On any denied claim an Employee or his representative may appeal to the Plan Administrator for a full and fair review. The claimant may:
    1. Request a review upon written application within sixty (60) days of receipt of claim denial;
    2. Review pertinent documents; and
    3. Submit issues and comments in writing.

A decision will be made by the Plan Administrator no more than sixty (60) days after receipt of the request for review, except in special circumstances (such as the need to hold a hearing), but in no case more than one hundred twenty (120) days after the request for review is received. The written decision will include specific reasons for the decision and specific references to the Plan provisions on which the decision is based.

Additional information about claims submitted and review procedures may be obtained by contacting the Plan Administrator.

If you have any questions about your Plan, you should contact the Human Resources Department. If you have any questions about this statement or about your rights under ERISA, you should contact the nearest Area Office of the U.S. Labor Management Services Administration, Department of Labor.

Additional Information

Employer
Rochester Institute of Technology

Employer Identification Number
16-0743140

Plan Sponsor
Rochester Institute of Technology
8 Lomb Memorial Drive
Rochester, NY 14623-5604

Plan Administrator
Rochester Institute of Technology
8 Lomb Memorial Drive
Rochester, NY 14623-5604

Business Telephone Number
(585) 475-2424 (voice)
(585) 475-2420 (TTY)

Agent for Service of Legal Process
Associate Director of Human Resources for Compensation and Benefits
Rochester Institute of Technology
8 Lomb Memorial Drive
Rochester, NY 14623-5604