AMENDMENT NO. 7
TO THE SUMMARY PLAN DESCRIPTION OF THE SOUTHERN CALIFORNIA IBEW-NECA HEALTH TRUST FUND ACTIVE HEALTH PLAN
(as Restated July 1, 2022)
This Amendment to the Southern California IBEW-NECA Health Trust Fund, Active Health Plan Summary Plan Description ("SPD") (restated as of July 1, 2022, as amended) is made by the Board of Trustees of the Southern California IBEW-NECA Health Trust Fund ("Board of Trustees") with reference to the following facts and circumstances:
The Board of Trustees wishes to amend the SPD to reflect changes to add a one-year statute of limitations provision for a Participant or Dependent to file suit against the Plan under Section 502(a) of ERISA.
The Board of Trustees has reserved to themselves the ability to amend the SPD from time to time.
NOW THEREFORE, effective , the SPD is amended as follows:
Article 17, Plan Benefits Available to You, Section 17.2, Claims and Appeal Rules (sub-section F), Exhaustion of Appeal Process, is restated as follows:
"F. Exhaustion of the Appeal Process
Under a federal law known as ERISA, a Participant or Dependent whose claim for benefits has been denied may file suit against the Trust Fund seeking the denied benefit. However, prior to filing such a suit the appeal process under the Trust Fund described above must be pursued and exhausted. Thus, following any initial denial of benefits, if you disagree it is important you file a timely appeal. In all cases your appeal must be filed no later than 180 days after the initial denial of your claim was received by you. If you do not file an appeal within the required time frame you will have failed to exhaust your appeal rights. The organization responsible for hearing your appeal may extend the 180-day limit upon your showing good cause for the delay, but to protect your rights you should file any appeal promptly after your receipt of the initial denial.
If your appeal is denied, you have one year following the date of denial to file suit against the Plan under section 502(a) of ERISA. Any suit must be filed in the U.S. District Court for the Central District of California."
The effective date of this Amendment shall be April 1, 2025.
All other terms and conditions of the Summary Plan Description and Plan, shall remain in full force and effect.