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Your Rights Under ERISA
An Important Note
The Child/Elder Care Spending Account, Transportation Spending Accounts, Excess Retirement Plan, Employee Stock Purchase Plan, and the Bank One Supplemental Savings and Investment Plan (SSIP) are not included in this section because they are not subject to the provisions of ERISA.
The Employee Retirement Income Security Act of 1974 (ERISA) gives you certain rights and protections while you are a participant in the JPMorgan Chase employee benefits plans described in this Guide. It is highly unlikely you will need to exercise these rights, but it is important that you be aware of what they are. (Remember, all JPMorgan Chase benefits plans are subject to ERISA except those listed in "An Important Note" on this page.)
ERISA provides that all plan participants are entitled to:
  • Examine, without charge, at the office of the Plan Administrator, all plan documents including insurance contracts and copies of all documents filed by the plans with the U.S. Department of Labor, such as detailed annual reports (Form 5500 Series).
  • Obtain, upon written request to the Plan Administrator, copies of all plan documents and other plan information (e.g., insurance contracts, Form 5500 Series, and updated summary plan descriptions). The Plan Administrator may make reasonable charges for the copies.
  • Receive a summary of the plans' annual financial reports. (The Plan Administrator is required by law to furnish each participant with a copy of such reports.)
  • Obtain, upon written request to the Plan Administrator, a statement about your right to receive a retirement benefit at normal retirement age (age 65). If you have a right to receive a benefit, the statement tells you your benefits under the Retirement Plan at normal retirement age if you stopped working now. If you do not have a right to receive a benefit, the statement tells you the years you will have to work in order to receive this right. The Plan Administrator is required by law to furnish this statement upon request, free of charge, once every 12 months.
  • 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.
Enforce Your Rights
If your claim for a pension and/or welfare benefit is denied or ignored, in whole or in part, you have the right to know why this was done, to obtain copies of documents relating to the decision free of 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 the plans' documents or the latest annual report from the Plan Administrator and do not receive it 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 information and pay up to $110 a day until you receive the materials, unless they were not sent because of reasons beyond the control of the Plan Administrator.
  • If you have a claim for benefits that 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 the plans' fiduciaries misuse the plans' 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 to be frivolous.
About Plan Fiduciaries
The plan "fiduciary" is the individual or organization responsible for plan administration, claims administration, and managing plan assets. The plan fiduciary has a duty to administer the plan prudently and in the best interest of all plan members and beneficiaries.
Prudent Actions by Plan Fiduciaries
In addition to establishing the rights of plan participants, ERISA imposes duties upon the people who are responsible for the operation of the benefits plans. Certain individuals who are responsible for the plans are called "fiduciaries," and they have a duty to administer the plans prudently and in the interest of you, other plan members, and beneficiaries. While membership in these plans does not guarantee your right to continued employment, no one — including your employer or any other person — may terminate you or otherwise discriminate against you in any way to prevent you from obtaining your benefits or exercising your rights under ERISA.
Health and Income Protection Plans
For each of the following plans, the claims administrators have fiduciary responsibility for claims and appeals:
  • Medical Plan;
  • Prescription Drug Plan;
  • Dental Plan;
  • Health Care Spending Account;
  • Life and Accident Insurance Plans;
  • Long-Term Disability Plan; and
  • Long-Term Care Insurance Plan.
Retirement Plan and 401(k) Savings Plan
The Plan Administrator has final fiduciary responsibility for appeals of denied benefits under the JPMorgan Chase Retirement Plan and 401(k) Savings Plan, although the JPMorgan Chase Employee Benefits Appeals Committee makes a recommendation to the Plan Administrator about a denied claim.
Assistance with Your Questions
If you have any questions about the JPMorgan Chase benefits plans, you should contact the Plan Administrator/insurer at the addresses shown in "General Information" and in "Contacting the Claims Administrators." If you have any questions about this statement or about your rights under ERISA, you should contact the nearest Regional Office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory, or:
Division of Technical Assistance and Inquiries
Employee Benefits Security 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 Employee Benefits Security Administration or by visiting www.dol.gov/ebsa via the Internet.
You should also contact the Department of Labor if you need further assistance or information regarding your rights under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), with respect to health benefits that are offered through a group health plan, as well as the remedies available if a claim is denied in whole or in part.
Certificate of Creditable Coverage
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), JPMorgan Chase is required to provide you with a Certificate of Creditable Coverage if your JPMorgan Chase-provided health care coverage ends. The certificate identifies the names of you and/or your eligible dependents and the duration for which you were covered under the JPMorgan Chase health care benefit plans.
You may need to present this certificate to your new employer at the time you are enrolling for benefits under the new employer's plan, especially if you or your dependents have a pre-existing condition that would limit coverage under your new employer's plan. If you have proof of creditable coverage from another plan, exclusion periods for pre-existing conditions are reduced or eliminated. Without proof of creditable coverage, you may be subject to an exclusion period of 12 months (18 months for late enrollees) after your enrollment date in your new coverage. You should always keep a copy of your HIPAA certificate for your records.
You automatically will be sent a Certificate of Creditable Coverage at the time your coverage ends and again when your continued coverage under COBRA (if elected) ends. You also may request a Certificate of Creditable Coverage from the Plan Administrator at any time within the 24-month period after your coverage under the benefits plans ends. Please refer to "Continuing Coverage Under COBRA" for more information about continuing coverage.
Prescription Drug Notice of Creditable Coverage
JPMorgan Chase will send a Notice of Creditable Coverage to participants who become eligible for Medicare. This notice states that the JPMorgan Chase Medical Plan options provide prescription drug benefits that are, on average, at least as good as the standard Medicare prescription drug plan benefits. The notice is important because it can help you avoid late enrollment penalties associated with Medicare prescription drug plans that may apply given that JPMorgan Chase benefits-eligible employees would generally wait until retirement to enroll in Medicare Part B and Part D.
If you have a dependent who is eligible for Medicare benefits and you do not receive a Notice of Creditable Coverage, you may contact the Benefits Call Center.