The Newspaper Guild of New York-The New York Times College Scholarship Fund. Summary Plan Description

Transcription

1 The Newspaper Guild of New York-The New York Times College Scholarship Fund Summary Plan Description Effective July 1, 2018

2 INTRODUCTION The NewsGuild of New York ( Guild ) and The New York Times Company ( The Times ) jointly recognize the role of higher education in helping children of Guild members reach their full potential. That is the primary purpose of The Newspaper Guild of New York - The New York Times Scholarship Fund (the Fund ) and its plan of benefits (the Plan ), which was established in 1965 by a Trust Agreement pursuant to collective bargaining agreements. This document describes the benefits under the Plan and serves as the Plan document and summary plan description ( SPD ) within the meaning of the Employee Retirement Income Security Act of 1974 ( ERISA ). This document is not a contract of employment it neither guarantees employment or continued employment with your employer nor diminishes in any way the right of your employer to terminate the employment of any employee. Please also note that no one except the Board of Trustees (and other Plan fiduciaries and individuals to whom the Board of Trustees has delegated responsibility for administration of the Plan) has the authority to interpret the Plan, this SPD, the Trust Agreement and any other Plan documents, to make any promises to you about the Plan, or to change the provisions of the Plan. CHILDREN ELIGIBLE FOR A SCHOLARSHIP Your unmarried natural or adopted child(ren), or the unmarried natural or adopted child(ren) of your spouse or domestic partner, who rely on you for support and qualify to be declared as a deduction on your federal income tax return may apply for awards from the Fund as long as: the child relies on you for support and qualifies as a dependent under Internal Revenue Service regulations. You may be asked to provide a copy of your federal income tax return as proof of dependency; and the child is under the age of 23 as of June 1 of the year in which the applicable academic year commences; provided, however, a child is eligible to receive a renewal scholarship if he or she was under PAGE 1 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

3 age 23 when he or she received his or her initial scholarship award; and the child is a high school senior or college student, and attends or plans to attend an accredited college or university on a full-time basis to pursue one of the following: a bachelor s degree, a degree to become a Registered Nurse, or an associate s degree. The Fund considers a person to be your domestic partner when: the relationship with you is exclusive and one of mutual support, caring and commitment; and the intent is for the relationship to be permanent; and you and your domestic partner live together in the same permanent residence and are jointly responsible for common expenses; and you and your domestic partner are not married to anyone else; and you and your domestic partner are not related by blood closer than would bar marriage under the law. A dependent child of a domestic partner is eligible for coverage if: the child is unmarried and lives in the same household as you and your domestic partner or is a full-time student and lists your address as the primary place of residence; and you assume full responsibility and control for the child s financial obligations, including all debts incurred by the child, such as charges for health care services and supplies; and you or your domestic partner are the biological or adoptive parent of the child. PAGE 2 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

4 OTHER REQUIREMENTS FOR ELIGIBILITY In addition to the requirements stated above, the employee must satisfy one of the following eligibility requirements. As of the March 1 application deadline: you are an active employee of The Times and are in the Guild bargaining unit and you have or will have completed at least six months of continuous service as of the March 1 application deadline and have received earnings in the prior 52 weeks; or You are on disability or military leave from The Times. If your child is awarded a scholarship for a given academic year and you terminate active employment in the Guild bargaining unit before the commencement of or during that academic year, your child will receive his/her scholarship for that entire academic year. If your child is awarded a scholarship for a given academic year and you die or retire under the Guild-Times Adjustable Pension Plan before the commencement of or during that academic year: (a) your child will receive his/her scholarship for that entire academic year; and (b) your child is eligible to apply for and, if selected by the panel of educators, receive a renewal scholarship for the immediately following academic year. The Trustees, in their sole and absolute discretion, shall determine all issues pertaining to eligibility for receipt of a scholarship or renewal scholarship; provided, however, that issues pertaining to the selection of scholarship recipients shall be determined by the independent panel of educators in its sole and absolute discretion. AWARDS The Trustees designate an independent panel of educators, which selects the winners of the scholarship awards for a single year in its sole and absolute discretion. The Trustees have no part in the selection process. The panel bases its decision on factors they determine are appropriate, PAGE 3 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

5 including academic achievement and potential. The Fund will provide scholarships only to those students selected by the panel. The amount and number of the awards is determined by the Trustees based on the available funds each year. The panel of educators may renew a scholarship to an eligible dependent if it, in its sole judgment and discretion, determines that the dependent continues to meet the criteria of academic achievement and potential. If the panel of educators decides to renew any scholarships, renewal scholarships will be awarded before new scholarships. Renewal of a scholarship is not guaranteed and the panel of educators may deny a renewal scholarship if it determines that the student no longer meets the criteria for an award. A student is eligible to receive renewal scholarships until completion of the student s degree, to a maximum of four years. PAYMENT OF AWARDS Payment of a scholarship award is made directly to the college indicated by the student. The award is paid in two installments, one-half for the fall semester and one-half the spring semester. Please note that, under current federal tax law, awards from the Fund are considered as taxable income to the recipient s parents. You may wish to consult your tax advisor if your child is awarded a scholarship. APPLICATIONS The Fund office will mail application forms after January 20 of each year to all eligible dependents for whom the Fund has the requisite information. If your dependent does not receive an application, and you believe he or she is eligible, please contact the Fund office to obtain one. The Fund does not generally grant extensions of the March 1 application deadline even if the dependent was not automatically sent an application. In addition to an application form, the student must submit all documentation required by the Trustees, which may include, among other things, high school or college transcripts, personal letter of recommendation, official copies of SAT or ACT scores, proof of enrollment, etc. The deadline for submitting an application for a scholarship award is March 1 before the academic year for which the PAGE 4 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

6 application is being made. The completed application forms (and any additional documentation) must be sent to the Panel of Educators, c/o the Fund Office at the address specified on the form. The applicant will be sent written notice of the panel of educators decision on his or her application on or about June 1 of any year in which an application for an award is submitted. If the applicant wins an award, the amount of that award will be included in the notification. APPEALS PROCESS If, for any reason, you believe that your eligible dependent is not receiving, in whole or in part, the benefits to which he or she may be entitled under the terms of the Plan, you can make a claim for benefits by writing to the Fund office. Please remember, however, that the panel of educators selection of scholarship award recipients from among the eligible applicants is solely within the panel s discretion. If you do file a claim for benefits with the Fund office, you will be notified in writing of the decision on your claim within 90 days from the date the Fund office receives your claim. If the Plan Administrator determines that an extension of time is required, this period may be extended for up to an additional 90 days, and you will be notified in writing if that is the case. If your claim is wholly or partially denied, you will receive written notice of the determination, which explains: the reason for the determination; the specific Plan provision on which it is based; a description of any additional material or information needed to perfect the claim and why it is necessary; a description of the Plan s review procedures; and a statement of your right to bring a civil action under Section 502(a) of ERISA following a denial of your appeal. If your claim has been denied in whole or in part, you can file an appeal in writing with the Board of Trustees, but you must do so within 60 days after you received notice of the denial. You have the right to submit written comments, documents, records, and other information relating to the claim. You will also be provided, upon written request and free of charge, reasonable access to and copies of all documents, records, and other information relevant to the claim. The Plan Administrator will notify you of the decision on review no later than 60 days after receipt of your request for review. If the Plan Administrator determines that an extension of time for processing is required, you will be notified in writing and the extension cannot exceed PAGE 5 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

7 60 days. The extension notice will state the special circumstances requiring the extension of time and the date by which the Plan expects to render the determination on review. If your appeal is denied, the notice will include the same type of information provided to you in connection with the initial denial, including a statement of your right to bring a civil action under Section 502(a) of ERISA. Keep in mind that you cannot commence an action in court until you exhaust the Plan s review procedures. INTERPRETING THE PLAN The Board of Trustees (and/or its duly authorized designee(s)) has the exclusive right, power, and authority, in its sole and absolute discretion, to administer, apply and interpret the Plan, including this document, the Trust Agreement and any other Plan documents, and to decide all matters arising in connection with the operation or administration of the Fund or the trust underlying it. Without limiting the generality of the foregoing, the Board of Trustees (and/or its duly authorized designee(s)) shall have the sole and absolute discretionary authority to: Take all actions and make all determinations with respect to the eligibility for, and benefits payable under the Plan; Determine the number of and amount of scholarships awarded; Decide questions, including legal or factual questions, relating to the payment of benefits under the Plan; Formulate, interpret and apply rules, regulations and policies necessary to administer the Plan in accordance with its terms; Interpret the provisions of all Plan documents, this document, any collective bargaining or participation agreement, the Trust Agreement and any other relevant documents; Resolve and/or clarify any ambiguities, inconsistencies and omissions arising under the Plan, including this document, the Trust Agreement or other Plan documents; Process and approve or deny benefit claims; and Determine the standard of proof in any case. PAGE 6 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

8 Notwithstanding the above, the panel of individual educators shall have the sole and absolute authority to determine all issues pertaining to the selection of individual initial and renewal scholarship recipients. Please note that this list is for illustration purposes only and is not exhaustive of the types of determinations and interpretations that are within the sole and absolute discretion of the Board of Trustees or its authorized designees. Any and all such determinations and interpretations made by the Trustees shall be final and binding upon any individual claiming benefits under the Plan, upon The Times, and the Guild, and shall be given deference in all courts of law, to the greatest extent allowable by applicable law. AMENDING, MODIFYING OR TERMINATING THE PLAN While the Board of Trustees hopes to be able to continue the Plan indefinitely, the Board of Trustees reserves the right, in its sole and absolute discretion, to amend, modify or terminate the benefits provided under the Plan, in whole or in part, for any reason and at any time. If the Plan is amended, modified or terminated, the ability of members and dependents (including retirees) to participate in the Plan, receive benefits, and the type or amount of benefits received may be modified or terminated. Among other things, the Board of Trustees is empowered to do any of the following, and more: Change the rules for who is eligible to participate in the Plan and receive benefits Enhance or diminish the amount of benefits and the number of scholarships awarded Add or eliminate particular types of benefits All benefits provided under the Plan: Are not guaranteed; May be changed or discontinued by the Board of Trustees at any time, in its sole and absolute discretion; PAGE 7 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

9 Are subject to the rules and regulations adopted by the Board of Trustees; and Are subject to the Trust Agreement that establishes and governs the Plan s operations, this document, other Plan documents and the collective bargaining agreements. Under no circumstances will any person have a vested or non-forfeitable right to receive, directly or indirectly, any benefits provide by, or assets of, the Plan. Without limiting any other Plan provision for the discontinuation of coverage, your coverage under the Plan will be terminated when the Plan terminates or when you are no longer eligible to receive benefits under the Plan, whichever occurs first. YOUR RIGHTS UNDER ERISA As a participant in the Scholarship Fund, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974, as amended ( ERISA ). ERISA provides that all Plan participants shall be entitled to: Receive Information About Your Plan and Benefits Examine, without charge, at the Fund office and at other specified locations, such as worksites and union halls, all documents governing the Plan, including collective bargaining agreements, and a copy of the latest annual report (Forms 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration. Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including collective bargaining agreements, and copies of the latest annual report (Forms 5500 Series) and updated summary plan description. The Plan 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 participant with a copy of this summary annual report. PAGE 8 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

10 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, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a training benefit or exercising your rights under ERISA. Enforce Your Rights If your claim for a 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 Plan 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. 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 PAGE 9 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

11 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 Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration. OTHER IMPORTANT FACTS ABOUT THE SCHOLARSHIP FUND Plan Name: The Newspaper Guild of New York The New York Times College Scholarship Fund Plan Sponsor Name and Address: Employer Identification Number (EIN) Assigned by the Internal Revenue Service: Board of Trustees of The Newspaper Guild of New York - The New York Times College Scholarship Fund Plan Number: 501 Type of Plan Plan Administrator: Type of Administration: Welfare plan providing scholarship benefits The Board of Trustees The Fund is administered by the Board of Trustees. PAGE 10 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

12 Agent for Service Legal Process: Plan Trustees: The Board of Trustees of The Newspaper Guild of New York - The New York Times College Scholarship Fund at,. Service of process may also be made on any individual Trustee. Correspondence or inquiries addressed to the Trustees may be sent to: Newspaper Guild of New York The New York Times Scholarship Fund The Trustees are: Appointed by The Guild William Baker Guild-Times Scholarship Fund David Kim Guild-Times Scholarship Fund Appointed by The Times Chris Biegner Guild-Times Scholarship Fund Andrew Gutterman Guild-Times Scholarship Fund Robert Liquori Guild-Times Scholarship Fund PAGE 11 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES

13 Plan Year: Legal Counsel: Plan Auditor: January 1 st December 31 st Meyer, Suozzi, English & Klein, P.C. Novak Francella, CPAs A complete list of the employers and employee organizations sponsoring the Plan may be obtained by participants and beneficiaries upon written request to the Plan Administrator and is available for examination by participants and beneficiaries. Participants and beneficiaries may also receive from the Plan Administrator, upon written request, information as to whether a particular employer or employee organization is a sponsor of the Plan and, if the employer or employee organization is a Plan sponsor, the sponsor s address. COLLECTIVE BARGAINING AGREEMENT AND PLAN FUNDING: The Fund is maintained pursuant to the terms of collective bargaining agreements between the NewsGuild and The Times. These agreements require contributions from The Times to the Fund. You can review any of these agreements at the Fund office, upon written request to the Plan Administrator, 1501 Broadway, Suite 1724,. You can also make a written request for a copy of any collective bargaining agreement. If you pay the copying costs, the Fund office will send you a copy of the requested document. The Plan is funded solely through employer contributions to a taxexempt trust fund. Additional income may be generated by investments. This money is reserved for payments on behalf of Plan participants and for reasonable administrative expenses. It cannot be used for any other purpose, and it cannot be withdrawn by either The Times or the Guild. The Fund is independent of and funded separately from the Guild-Times Pension Fund, the Guild-Times Adjustable Pension Plan and the Guild-Times Benefits Fund. The financial activities of the Fund are audited annually by a firm of certified public accountants. PAGE 12 NEWSPAPER GUILD OF NEW YORK THE NEW YORK TIMES v.4