§ 153 — Summary plan description

New York § 153

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 3-A: Reporting and Disclosure

Text

§ 153. Summary plan description. 1. The head of each public\nretirement system shall prepare and publish a summary plan description\nof any public employee pension plan which is administered or maintained\nby such system and of any material modification or change in the terms\nof such plan. The summary plan description shall include the information\nrequired under subdivision two of this section. The summary plan\ndescription, a summary of any material modifications in the terms of the\nplan, and any other changes in the information required under this\nsection shall be furnished to members in the manner and to the extent\nprovided in subdivision three of this section. The summary plan\ndescription and any other summary descriptions required by this article\n(including updates of summary plans and information concerning changes\nand modifications) shall be written in a manner calculated to be\nunderstood by the average member and shall be sufficiently accurate and\ncomprehensive to reasonably apprise such members of their rights and\nobligations under the plan.\n 2. The summary plan description shall contain the following\ninformation, and shall be updated at regular intervals to incorporate\nany changes in such information:\n (a) the name and address of the head of the public retirement system\nwhich administers such plan;\n (b) the plan's requirements with respect to eligibility for\nparticipation or membership and benefits;\n (c) the plan's requirements with respect to vesting of pension\nbenefits;\n (d) the circumstances which may result in disqualification,\nforfeiture, ineligibility, or denial or loss of benefits;\n (e) the procedures to be followed in presenting claims for benefits\nunder the plan and the remedies available under the plan for the redress\nof claims for benefits which are denied in whole or in part.\n 3. The head of each public retirement system shall, in a manner to be\ndetermined by the head of such retirement system, furnish to each member\na copy of the summary plan description required by this section,\nincluding all modifications and changes thereto, within one year of the\ntime the individual is registered as a member. If there is a material\nmodification or change, the head of the retirement system shall, in a\nmanner to be determined by the head of such retirement system, furnish a\nsummary description of such modification or change to each member or\nbeneficiary whose rights or benefits may reasonably be expected to be\naffected thereby and to each retired member whose rights or benefits may\nreasonably be expected to be affected thereby. Provided, however, that\nwhere such modification or change requires members, retired members, or\ntheir beneficiaries to make a selection or file an application by a\ncertain date, such summary description shall be furnished to the\naffected members, retired members, or their beneficiaries not later than\nsixty days before the final date for making such selection or filing\nsuch application, unless such notice is impracticable under the terms of\nsuch modification or change.\n