AMERICAN BASKETBALL ASSOCIATION PLAYERS RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

Transcription

1 AMERICAN BASKETBALL ASSOCIATION PLAYERS RETIREMENT PLAN SUMMARY PLAN DESCRIPTION October 2014

2 To all eligible persons, We are pleased to present you with this booklet which outlines the benefits available under the American Basketball Association Players Retirement Plan. The Plan has been in effect since October 1, 1970 and has been amended to comply with new federal laws and the conditions set forth by the court which approved of the settlement of the litigation between the ABA Players Association and the NBA, which resulted in four former ABA teams becoming members of the NBA. The Plan is funded under a Group Annuity Contract with the Travelers Insurance Company, which invests the Plan s funds. This booklet uses simpler language than the official Plan but it does not and cannot change the meaning or intent of the official Plan. Words that begin with capital letters have special meanings under the terms of the Plan. To help you understand the Plan and to show what the Plan means to you we have had this booklet prepared to answer some of the questions we thought you might have. If we have forgotten any, please tell us and we will be happy to provide an answer for you. 1

3 WHAT IS THE EFFECTIVE DATE? The Plan became effective October 1, 1970, but has subsequently been amended and restated several times. If you terminated employment prior to one of the dates of amendment, your rights and benefits will generally be determined on the basis of the Plan in existence at the termination of employment, unless the subsequent amendment specifically provides otherwise. WHO IS ELIGIBLE TO PARTICIPATE IN THE PLAN? A Player employed by a Member Club of the ABA on or after October 1, 1970, but before September 14, 1976 (the Date of Expansion), is eligible to participate in the Plan. WHO ADMINISTERS THE PLAN? The Plan will be administered by a Plan Administrator who is appointed by a majority of the former ABA Clubs. WHAT IS A YEAR OF CREDITED SERVICE AND HOW IS IT DETERMINED? Your Years of Credited Service equal the sum of your Years of Service and your Years of Past NBA Service. You receive one Year of Service for each Playing Season that you were employed by a Member Club of the ABA prior to the Date of Expansion or by a Member Club of the NBA after that date if you were employed by an ABA Club at the beginning of the ABA Playing Season. Unless special circumstances apply, including injury sustained as a direct result of a basketball game or practice, you must be on the active player roster of one or more Member Club for at least one half of the regularly scheduled league games of the Member Club(s) to receive a Year of Service for the Playing Season. You also receive one Year of Past NBA Service for a Playing Season in which you were employed by a Member Club of the NBA before being employed by a Member Club of the ABA. HOW MANY SEASONS MUST I PARTICIPATE IN ORDER TO QUALIFY FOR THE PENSION BENEFIT? In order to receive a pension benefit, you must have three Years of Credited Service. Your Years of Credited Service for vesting purposes will not be reduced even if you are receiving credit for those years under the NBA Pension Plan. WHEN WILL MY PENSION BEGIN? Your monthly pension payments will begin on your Normal Retirement Date. If you are credited with a Year of Service after the beginning of the ABA Playing Season but not after the beginning of the NBA Playing Season, your Normal Retirement Date is the first day of the month following the month in which you attain age 55. If you were on the roster of an ABA Member Club at the beginning of the ABA Playing Season and are credited with a Year of Service after the Date of Expansion, your Normal Retirement Date is the first day of the month following the month in which you attain age 50. In any other case your Normal Retirement Date is the first day of the month following the month in which you attain age 65. 2

4 DO I HAVE TO CONTRIBUTE TO THE PLAN TO RECEIVE BENEFITS? No. All contributions are made by the former ABA Member Clubs. HOW MUCH WILL MY NORMAL RETIREMENT PENSION BE? If your last Playing Season occurred before the NBA Playing Season or, if it occurred after the NBA Playing Season but you were not on the active playing roster of any ABA Member Club (including the Baltimore Claws) at the beginning of the ABA Playing Season, your monthly pension at Normal Retirement Date will be the sum of (1) $60 times the number of your Years of Past NBA Service (but only if you are not entitled to receive benefits from the NBA Pension Plan for the same year) plus (2) $60 times the number of Years of Service (but only if you are not entitled to receive benefits for a Playing Season after the Date of Expansion from the NBA Pension Plan), and in no event more than $600 per month. If your last Playing Season ended after the beginning of the NBA Playing Season and you were on the active playing roster of any ABA Member Club (including the Baltimore Claws) at the beginning of the ABA Playing Season, your monthly pension at Normal Retirement Date will be the sum of (1) $117 times the number of Years of Past NBA Service (but only if you are not entitled to receive benefits from the NBA Pension Plan for the same year) plus (2) $117 times the number of Years of Service (but only if you are not entitled to receive benefits for a Playing Season after the Date of Expansion from the NBA Pension Plan). This benefit has been increased to reflect a cost-of-living adjustment. IS EARLY RETIREMENT PERMITTED? Yes. You may elect to begin receiving an Early Retirement Pension at any time on or after the first day of the calendar month following the calendar month during which you reach age 50, except that if you have a Year of Service after the beginning of the ABA Playing Season, you may elect to begin receiving an Early Retirement Pension on or after the first day of the calendar month following the calendar month during which you reach age 45. Your election of an Early Retirement Benefit must be made in writing to the Plan Administrator at least 90 days before you wish your pension to begin. 3

5 HOW MUCH WILL MY EARLY RETIREMENT PENSION BE? The amount of Early Retirement Pension is determined in the same manner as a Normal Retirement Pension, but is reduced because payments begin sooner and you may expect to receive them for a longer period of time. For example: MONTHLY PENSION BENEFIT IF YOU RETIRE AT YOUR NORMAL RETIREMENT DATE APPROXIMATE MONTHLY PENSION BENEFIT IF YOU RETIRE EARLY TEN YEARS PRIOR TO YOUR NORMAL RETIREMENT DATE APPROXIMATE MONTHLY PENSION BENEFIT IF YOU RETIRE EARLY FIVE YEARS PRIOR TO YOUR NORMAL RETIREMENT DATE $300 $500 $150 $250 $200 $333 ARE THERE ANY DISABILITY BENEFITS? If you became totally and permanently disabled while employed as a Player you will be entitled to receive a Normal Retirement Pension at your Normal Retirement Date, as provided above. You will receive this benefit without regard to whether you have qualified for a pension benefit by having three Years of Credited Service. If you become totally and permanently disabled after you cease to be employed as a Player and prior to your Normal Retirement Date, you will receive, on the first day of the month next succeeding the Plan Administrator s determination that you are disabled, your Normal Retirement Pension reduced to reflect the fact that payments are being made over a longer period of time. HOW WILL MY PENSION BE PAID? If you are single at your Retirement Date, unless you elect otherwise, your benefits will be payable in the form of a Life Annuity, providing you with monthly payments for your lifetime. If you are married at your Retirement Date, unless you elect otherwise, your benefits will be payable in the form of a Joint and Survivor Annuity, providing you with reduced monthly payments for your lifetime and continuing monthly payments of 50%, 75% (the Qualified Optional Survivor Annuity) or 100% of your benefits to your Surviving Spouse for his or her lifetime. If you are married, you must designate in writing to the Plan Administrator the percentage of your retirement benefit to be payable to your Surviving Spouse upon your death. If you do not make an election prior to your Normal Retirement Date you will be deemed to have elected the 50% continuation option. If you are married, and you elect to receive your benefits in a form other than a Joint and Survivor Annuity or Qualified Optional Survivor Annuity you must make such election in 4

6 writing and your Spouse must consent in writing within the 90-day period before benefits are to commence to such election and to a beneficiary other than your Spouse, if any. Your Spouse s consent must be properly notarized. Your benefit should begin no later than the first day of April after the calendar year you reach age 70 ½. ARE THERE OPTIONAL FORMS OF PENSIONS? Yes. Instead of receiving a Life Annuity or a Joint and Survivor Annuity, if married, you may elect to receive payment in one of the following ways: (a) (b) A lump sum payment based on the value of your monthly pension. A reduced lifetime monthly pension payable for your life with the provisions that if you die before receiving a fixed number of payments (60, 120 or 180), payments will be continued to your beneficiary until the total number of these payments have been paid to you and your beneficiary. Election of any of the above options must be made in writing to the Plan Administrator in the form and manner the Plan Administrator requires. Additional information on these and other available options will be furnished upon request. WHAT IF I HAVE PLAYED FOR MORE THAN ONE CLUB? The benefits are payable to you regardless of the number of Clubs for which you play. RETROACTIVE ANNUITY START DATE If you receive your election form and a calculation of benefits under the Plan and, once you submit your election forms, your pension payments will actually begin after the date your first payment was scheduled to be paid, you may be able to elect a Retroactive Annuity Start Date (RASD). If you choose a RASD, you will receive missed payments, plus interest, with your first payment, rather than deferring your benefit until the date of your first payment. If you defer your benefit, your monthly pension payments may be slightly higher. If you are married, your Spouse must consent for you to elect a RASD. CAN MY BENEFITS BE FORFEITED? No. Once your benefits are vested (when you have three or more Years of Credited Service), they cannot be forfeited, unless your benefits have been payable and unclaimed for two years and you cannot be located. Any such forfeited benefits will be reinstated if a claim is made to the Plan Administrator by a person entitled thereto. 5

7 ARE THERE ANY DEATH BENEFITS? Yes. In the event of your death before payment of your Normal Retirement Pension or Early Retirement Pension becomes effective, your beneficiary will receive a pre-retirement Death Benefit. This benefit will provide for the payment of retirement benefits to your Surviving Spouse or Beneficiary (if consented to by your Spouse). Your pre-retirement Death Benefit will be the greater of: 1. The actuarially adjusted amount of your Normal Retirement Benefit based on your Years of Credited Service earned to your date of death. or 2. (a) If you die after age 45, 50% of the amount you would have received under a Joint and Survivor Annuity had you retired on the day before you died, or (b) If you die prior to age 45, 50% of the amount you would have received under a Joint and Survivor Annuity if you had survived to age 45 and then retired. The pre-retirement Death Benefit will commence as soon as possible after your death, if you die after age 45, or the first day of the first month following the date you would have reached 45, if you die prior to age 45. Your Surviving Spouse may elect to receive a lump sum payment based on the value of the monthly pre-retirement Death Benefit instead of receiving monthly payments. HOW DO I MAKE A CLAIM FOR BENEFITS? You may apply for benefits under the Plan by contacting the Plan Administrator. The Plan Administrator will notify you of its decision on a claim within 90 days after the claim is properly submitted. Under special circumstances, the Plan Administrator may take an additional 90 days (180 days in total) to make a decision. If this extension is required, the Plan Administrator will send a written notice giving the reason for the delay and the date it expects to reach a final decision. If your claim is approved, the Plan Administrator will provide information regarding the amount of your benefit and the distribution options available to you, as well as the forms that must be completed to request a distribution from the Plan. WHAT IF MY CLAIM IS DENIED? If your claim is denied, in whole or in part, the Plan Administrator will furnish you with a written or electronic notice of this denial. This notice will contain the following information: (a) the specific reason or reasons for the denial; (b) reference to the specific Plan provisions on which the denial is based; 6

8 (c) a description of any additional information or material needed to perfect your claim and an explanation of why such information or material is needed; and (d) a description of the procedures you or your beneficiary(ies) must follow to request review of the denial and the time limits applicable to these procedures. CAN I APPEAL A DENIED CLAIM? Yes. If your claim is denied, in whole or in part, you may file a written request with the Plan Administrator for a review of the denial in accordance with the following: (a) Your written request must be filed with the Plan Administrator at the address listed in the denial notice no later than 60 days after you receive written or electronic notification of the denial. Failure to request a review within this period will result in forfeiture of your right to appeal the claim denial, and the decision of the Plan Administrator will be final. (b) You or your authorized representative may submit written comments, documents, records, or other information relating to your claim for benefits. (c) You or your authorized representative may review and copy all documents, records, and other information relevant to your claim, free of charge. (d) Your request for review will be subject to full and fair review by the Plan Administrator as designated in the initial denial notice. The Plan Administrator will provide written notification of its decision on your appeal within 60 days after your appeal request is received. Under special circumstances, the Plan Administrator may take an additional 60 days (120 days in total) to make a decision. If this extension is required, the Plan Administrator will send a written notice giving the reason for the delay and the date it expects to reach a final decision. If the extension is required because you need to provide additional information to the Plan, the 60 day extension period will not begin until the information has been provided. WHAT IF MY APPEAL IS DENIED? If your claim is denied on appeal, the notice will include the following information: (a) the specific reason or reasons for the denial; (b) reference to the specific Plan provisions on which the denial is based; and (c) 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. The decision will be final and binding on you and all other parties involved; however, if you disagree with the Plan Administrator s decision and you have followed all of these claims 7

9 procedures, you have the right to bring a civil action in a court of law under ERISA Section 502(a). If you do not follow the general claims procedures described above, you will have no right to bring action, at law or in equity, in any court, and the denial of the claim will become binding. For more details on the claims procedures, contact the Plan Administrator. The Plan Administrator shall act as a fiduciary in reviewing your claim and in making its decision, with full discretion and final authority, to determine eligibility for benefits and to interpret the provisions of the Plan applicable to your claim. 8

10 GENERAL INFORMATION Limitation of Assignment Because your pension is designed to provide security during your retirement, your benefits are not assignable or subject to the claims of any creditor, except to the extent provided by law. However, all or part of your pension benefit may be paid to a former spouse or other alternate payee if necessary to comply with a Qualified Domestic Relations Order ( QDRO ). A QDRO is a state court domestic relations order relating to child support, alimony or division of marital property. To be qualified, the order must comply with the provisions of Code Section 414(p) and ERISA Section 206. You will be notified if a domestic relations order affecting your benefits is received, whether it is a QDRO and the effect of that order on your benefits. Participants and beneficiaries can obtain, without charge, a copy of the procedures governing QDRO s by contacting the Plan Administrator. Plan and Contract Govern The description in this booklet contains only the highlights of the Plan and is not intended to be an official statement of the Plan. In the event that any statement in this booklet is not in accordance with the Plan and the related Group Annuity Contract, the Plan and the Contract will govern. The complete text of the Plan and Group Annuity Contract are available at any reasonable time through the Plan Administrator. Section 432 Restrictions All benefits under the Plan are subject to the requirements of Section 432 of the Internal Revenue Code (establishing rules for plans in endangered or critical status), to the extent the law applies. Tax Advice It is recommended that you consult a professional tax advisor before you make any decisions as to when or how you will elect to receive your retirement benefits. Pension Benefit Guarantee Corporation Your pension benefits under this multiemployer plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. A multiemployer plan is a collectively bargained pension arrangement involving two or more unrelated employers, usually in a common industry. Under the multiemployer plan program, the PBGC provides financial assistance through loans to plans that are insolvent. A multiemployer plan is considered insolvent if the plan is unable to pay benefits (at least equal to the PBGC s guaranteed benefit limit) when due. The maximum benefit that the PBGC guarantees is set by law. Under the multiemployer program, the PBGC guarantee equals the participant s years of service multiplied by (1) 100% of the first $11 of the monthly benefit accrual rate and (2) 75% of the next $33. The PBGC s 9

11 maximum guarantee limit is $35.75 per month times a participant s years of service. For example, the maximum annual guarantee for a retiree with 30 years of service would $12,870. The PBGC guarantee generally covers (1) Normal and early retirement benefits; (2) disability benefits if you become disabled before the Plan terminates; and (3) certain benefits for your survivors. The PBGC guarantee generally does not cover: (1) benefits greater than the maximum guaranteed amount set by law for the year in which the Plan terminates; (2) some or all of the benefit increases and new benefits based on Plan provisions that have been in place for fewer than 5 years at the time the Plan terminates; (3) benefits that are not vested because you have not worked long enough for the company; (4) benefits for which you have not met all of the requirements at the time the Plan terminates; (5) certain early retirement payments (such as supplemental benefits that stop when you become eligible for Social Security) that result in an early retirement monthly benefit greater than your monthly benefit at the plan's normal retirement age; and (6) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay, and severance pay. Even if certain of your benefits are not guaranteed, you still may receive some of those benefits from the PBGC depending on how much money your plan has and on how much the PBGC collects from employers. For more information on the PBGC and the benefits it guarantees, ask your Plan Administrator or contact the PBGC s Technical Assistance Division, 1200 K Street N.W., Suite 930, Washington, D.C or call (202) (not a toll-free number). TTY/TTD users may call the federal relay service toll-free at (800) and ask to be connected to (202) Additional information about the PBGC's pension insurance program is available through the PBGC's website on the Internet at ERISA RIGHTS As a participant in the Plan you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that you (and all Plan participants) shall be entitled to: Receive Information About Your Plan and Benefits Examine, without charge, at the Plan Administrator s office all Plan documents, 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 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. 10

12 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 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 and, if so, what your benefits would be at normal retirement age. This statement must be requested in writing and is not required to be given more than once every twelve (12) months. The Plan Administrator must provide the statement free of charge. Prudent Actions by Plan Fiduciaries In addition, to creating rights for Plan participants, ERISA imposed duties upon the people who are responsible for the operation of employee benefit plans. 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 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 your 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 thirty (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 to be 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 11

13 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. ADDITIONAL IMPORTANT INFORMATION Employers The Denver Nuggets Limited Partnership 1000 Chopper Circle Denver, CO Spurs Sports & Entertainment One AT&T Center Parkway San Antonio, TX Pacers Basketball, LLC 125 South Pennsylvania Indianapolis, IN Brooklyn Nets 15 MetroTech Center 11 th Floor Brooklyn, NY Employer Identification Number and Plan Number Employer Identification Number: Plan Number: 001 Plan Year-End September 30 Type of Administration of the Plan Plan Administrator The Plan is funded under a group annuity contract with Travelers Insurance Company, and is administered by a Plan Administrator who is appointed by the four former ABA Clubs. American Basketball Association Players Retirement Plan Plan Administrator Spurs Sports & Entertainment One AT&T Center San Antonio, TX Attn: Heather Staples If you write to the Plan Administrator, be sure to give enough information so that your records can be located for a prompt reply. Give your name, address, Social Security number, and team(s) for which you played. Agent for the Service of Legal Process Funding Medium Type of Plan Legal process may be directed to the Plan Administrator. A Group Annuity Contract Defined Benefit Pension Plan 12