AMENDMENT NO. 10
TO THE
SOUTHERN CALIFORNIA IBEW-NECA ACTIVE HEALTH PLAN
The Trust Agreement establishing the IBEW-NECA Health Trust grants to the Board of Trustees broad authority and discretion to interpret the provisions of the Plans established under the Trust and to resolve disputed issues of fact. This grant of authority results in courts and arbitrators applying a so-called deferential standard of review as to the interpretations and determinations made by the Board of Trustees. Solely in order to assure that all Participants and beneficiaries are aware of the deferential standard of review the following language is added to the inside front cover of the Summary Plan Description.
"The Board of Trustees has the sole and absolute authority and discretion to interpret the provisions of this Plan and determine any and all disputed issues of fact related to eligibility under the Plan or the amount of benefits payable under the Plan. Any and all such interpretations and determinations adopted in good faith by the Board of Trustees shall be final and binding upon all parties including, but not limited to, all Participants and beneficiaries. Any such interpretation or determination may be overturned by an arbitrator or court only if such arbitrator or court finds the Board of Trustees' interpretation or determination was arbitrary, capricious, an abuse of discretion and/or unlawful."
Approved and adopted at the Board Meeting held on July 19, 2005.
BY: Signature on File
Chairman
BY: Signature on File Secretary
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