Plan Information and Participant Rights
The name, address and business telephone number of the Company is:
Toshiba America, Inc.
9740 Irvine Boulevard
Irvine, CA 92618
912-444-0071
The Company's Employer Identification Number is:
13-3503896
Employee
Any person who is employed by the Company or an affiliate of the Company.
Participant
Prior to January 1, 2012, if you were an eligible Employee who had satisfied the Plan's eligibility requirements, you were a Participant in the Plan. On and after January 1, 2012, you are a Participant in the Plan if, on December 31, 2011, you were an eligible Employee who had satisfied the Plan's eligibility requirements.
Participating Employers
The Company and affiliates of the Company that have adopted the Plan.
The Plan is the Toshiba America, Inc. Retirement Plan.
Plan Administrator
The Plan Administrator is responsible for the administration of the Plan. The Plan Administrator's duties are specifically identified in the Plan Document. The name, address and business telephone number of the Plan Administrator are:
Fredric J. Friedberg
Toshiba America, Inc. Retirement Plans Office
9740 Irvine Boulevard
Irvine, CA 92618
912-444-0071
Plan Number
The Plan number is 001.
Plan Year
The Plan Year is the calendar year.
Service of Process
The Plan's agent for service of legal process is:
Corporate Secretary
Toshiba America, Inc.
1251 Avenue of the Americas
New York, NY 10020
Service of process may also be made upon the Plan Administrator or Trustee.
Trust and Trust Agreement
The Plan is administered under a written trust fund arrangement (the "Trust Agreement") between the Trustee and the Company.
Trustee
The Trustee is responsible for holding Plan assets. The name and address of the Plan's Trustee is:
Wells Fargo Bank N.A.
733 Marquette Avenue
MAC N9306-082
Minneapolis, MN 55479
Claims Procedure
If you believe that you are eligible to claim benefits under the Plan under any circumstances, your claim should be filed in writing with the Plan Administrator by you (or by your authorized representative). If your claim for benefits is denied, in whole or in part, you or your beneficiary will receive a written notice from the Plan Administrator within 90 days after the date on which your claim was filed. The Plan Administrator can extend this period for an additional 90 days by notifying you or your beneficiary of the reasons for the extension and the date when you can expect to receive a decision (but not beyond 180 days after the date on which your claim was filed). The written notice will provide you or your beneficiary with:
- The specific reason or reasons for the denial;
- Specific reference to the Plan provisions on which the denial was based;
- A description of any additional material or information necessary to support your claim (along with an explanation of why the additional material or information is necessary); and
- An explanation of steps to take if you wish to submit your claim for review and any applicable time limits, including a statement of your right to bring a civil action under Section 502(a) of the Employee Retirement Income Security Act of 1974 ("ERISA") following an adverse benefit determination on review.
A claim is considered approved only if the Plan Administrator's approval is communicated to you in writing.
You (or your authorized representative) may request a review of your denied claim by the Plan Administrator. You must make this request for review to the Plan Administrator within 60 days after receipt of notice that your claim has been denied. Also, if you do not receive a notice of denial of your initial claim, you may submit a written request for review to the Plan Administrator within these time periods. As part of your appeal, you will (1) have the opportunity to submit written comments, documents, records, and other information relating to your claim for benefits; and (2) be provided, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relating to your claim for benefits. The review of your claim will take into account all comments, documents, records, and other information you submit relating to your claim, without regard to whether it was submitted or considered in the initial benefit determination. Failure to raise issues or present evidence on review will preclude those issues or evidence from being presented in any subsequent proceeding or judicial review of the claim.
The Plan Administrator shall make his decision on review not later than 60 days after receipt of your request for review, unless special circumstances require an extension of time. Under these circumstances, the Plan Administrator may extend the applicable time for an additional 60 days. If an extension is required, you will receive a notice prior to the extension that will indicate the circumstances requiring the extension and the date by which a decision is expected on your appeal.
The Plan Administrator will provide you with a written notification of his determination on review, and, in the case of an adverse determination, shall provide:
- The specific reason or reasons for the adverse determination;
- Reference to the specific Plan provisions on which the benefit determination is based;
- A statement that you are entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to your claim for benefits; and
- A statement of your right to bring an action under Section 502(a) of ERISA.
In reviewing the denial of a benefit claim, the Plan Administrator shall have full authority to interpret and apply in his or her discretion the provisions of the Plan. The decision of the Plan Administrator shall be final and binding upon all individuals making a claim under this claims procedure.
Any claims you may have alleging a violation of or seeking any remedy relating to or with respect to the Plan under any provision of ERISA or any other law should also be filed with the Plan Administrator and will be considered in accordance with the foregoing procedures, including, but not limited to, the specific requirement that a denied claim be pursued through the appeals procedures before attempting to use a remedy outside the Plan's claims procedures. You may not bring an action in a court of law until your claim for benefits has been initially denied and subsequently denied on appeal under these procedures.
You may not bring an action in a court of law more than one year after the earlier of the date of the notification of a determination on review of a denied claim or the date the notification of the determination on review of a denied claim would have been required to have been issued if you had filed a timely appeal.
Receipt of Communications
Your communications with the Plan, the Plan Administrator, the Company, or the Trustee are treated as received on the date that the communication is actually received by the Plan, Plan Administrator, the Company, or the Trustee, as applicable, not on the day that they are mailed by you.
Statement of ERISA Rights
As a Participant in the Plan you are entitled to certain rights and protections under 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 collective bargaining agreements, 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 Employee Benefits Security 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 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.
- Obtain a statement telling you whether you have a right to receive a pension at normal retirement age (age 65) and if so, what your benefits would be at normal retirement age if you stop working under the Plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to get a right to a pension. This statement must be requested in writing and is not required to be given more than once every twelve (12) months. The Plan must provide the statement free of charge.
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 an 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 Participating Employer or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA.
Enforce Your Rights
If your claim for a pension 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. 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 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, DC 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.