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Administrative and ERISA Information
- Basic Plan Information
- Benefit Claims Procedures
- No Implied Promises
- Future of the Plan
- Your Rights Under ERISA
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Administrative and ERISA Information
Q. What other information do I need to know about the Plan?
A. This section contains technical information about the Plan and identifies
its administrator. It also contains a summary of your rights with respect to
the Plan and instructions about how you can submit an appeal if your claim for
benefits is denied.
The formal name of the Plan is the ExxonMobil Pre-Tax Spending Plan.
Plan Sponsor and Participating Affiliates
The ExxonMobil Pre-Tax Spending
Plan is sponsored by:
Exxon Mobil Corporation
5959 Las Colinas Boulevard
Irving, TX 75039-2298
All of Exxon Mobil Corporation's divisions and most of
the major U.S. affiliates participate in the ExxonMobil Pre-Tax Spending
Plan. A complete list of participating affiliates is available from the
Administrator-Benefits upon written request.
Certain employees covered by collective bargaining
agreements as well as employees of Station Operators Inc., dba
ExxonMobil CORS do not participate in the plan.
Basic Plan Information
Plan Administrator
The Plan Administrator for the ExxonMobil Pre-Tax
Spending Plan is the Administrator-Benefits. The
Administrator-Benefits is the Manager-Global Benefits Design, Exxon
Mobil Corporation. You may contact the Administrator-Benefits as
follows:
For appeals:
Administrator-Benefits
P.O. Box 2283
Houston, TX 77252-2283
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For service of legal process:
Administrator-Benefits
4550 Dacoma
Houston, TX 77092
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Type of Plan
The ExxonMobil Pre-Tax Spending Plan, part of a cafeteria plan under IRC Section 125,
is a welfare plan under ERISA.
Plan Numbers
The ExxonMobil Pre-Tax Spending Plan is identified with government agencies under
two numbers: the Employer Identification Number, 13-5409005, and the Plan Number (PN), 601.
Plan Year
The plan year is January 1 through December 31.
Benefit Claims Procedures
Filing a Claim
If you have a question or a problem with a plan benefit, contact Aetna Member Services. You must
file a claim in writing to Aetna Member Services. Aetna is responsible for determining
and informing you of your entitlement to a benefit and any amounts payable to you.
Aetna will review your claim and respond within a designated response
time, usually 30 days after receiving your claim. If Aetna needs additional time
(an extension) to decide on your claim because of special circumstances, you will be
notified within the claim response period. An additional 15 days is all that is allowed.
If an extension is necessary, due to incomplete information, you must provide the additional
information within 45 days from the date of receipt of the extension notice.
Denied Claims
If your claim for benefits is denied completely or partially, you, your beneficiary,
or designated representative will receive written notice of the decision. The notice
will describe:
- The specific reason(s) for the denial; and
- The process for requesting an appeal.
Filing a Mandatory Appeal
If your claim is denied, you, your beneficiary, or your designated representative may
appeal the decision to Aetna. Your written appeal should include the reasons why you
believe the benefit should be paid and information that supports, or is relevant to,
your claim (written comments, documents, records, etc). Your written appeal may also
include a request for reasonable access to, and copies of, all documents, records and
other information relevant to your claim. You must submit your written appeal within
180 days from the date of the denial notice.
The review will take into account all comments, documents, records
and other information submitted relating to the claim, without regard to whether such
information was submitted or considered in the initial benefit determination. Aetna
will respond to the appeal within 60 days.
If Aetna needs additional time to decide on your claim because of
special circumstances, you will be notified within the claim response period. However,
an extension may be requested, but the law stipulates that no additional time must be
allowed.
If your appeal is denied, you will receive written notice of the decision.
The notice will set forth in plain language:
- The specific reason(s) for the denial and the plan provisions upon
which the denial 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 the claim.
- A statement of the voluntary appeal procedure and your right to
obtain information about such procedure or a description of the voluntary appeal
procedure.
- A statement of your right to bring an action under section 502(a)
of the Employee Retirement Income Security Act (ERISA).
Statute of Limitations
After you have received the response of the mandatory appeal, you may bring an action
under section 502(a) of ERISA. Such action must be filed within one year of the date on
which your mandatory appeal was decided.
Filing a Voluntary Appeal
If your mandatory appeal is denied, you may submit a voluntary appeal to the Administrator-Benefits.
New information pertinent to the claim is required for the voluntary appeal to be considered.
You must submit your voluntary appeal within 30 days of the denial of your mandatory appeal.
The statue of limitations or other defense based on timeliness is suspended during the time
that a voluntary appeal is pending.
You will be notified in writing within 15 days after your request has been received
whether your voluntary appeal has been accepted. If it is determined that there is new relevant
information, a decision will be made within 60 days after the Administrator-Benefits receives your
request for a voluntary appeal.
No Implied Promises
Nothing in this SPD says or implies that participation in the ExxonMobil
Pre-Tax Spending Plan is a guarantee of continued employment with the company.
Future of the Plan
ExxonMobil has the right
to change, suspend, withdraw, amend, modify or terminate the Plan or any of its provisions
at any time and for any reason. A change also may be made to required contributions and future
eligibility for coverage, and may apply to those who retired in the past, as well as those who
retire in the future. If any material changes are made in the future, you will be notified.
For health plans, certain rules apply regarding what happens when a plan is changed, terminated
or merged.
Expenses incurred before the effective date of a plan change or termination
will not be affected. Expenses incurred after a plan is terminated will not be covered. If a
plan cannot pay all of the incurred claims and plan expenses as of the date the Plan is changed
or terminated, ExxonMobil will make sufficient contributions to the Plan to make up the difference.
Your Rights Under ERISA
As a participant in the ExxonMobil Pre-Tax Spending Plan, you have certain
rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA).
ERISA provides that as a plan participant, you shall be entitled to:
Receive Information About Your Plan and Benefits
- Examine, without charge, at the office of the Administrator-Benefits
and at other specified locations, such as worksites and union halls, all documents governing
the Pre-Tax Spending Plan, including collective bargaining agreements, and a copy of the
latest annual report (Form 5500 Series) filed by the Pre-Tax Spending 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 Administrator-Benefits, copies of
documents governing the operation of the Pre-Tax Spending Plan, including collective
bargaining agreements, and a copy of any annual report (Form 5500 Series) and
updated summary plan description. The administrator may require a reasonable charge
for the copies.
- Receive a summary of the Pre-Tax Spending Plan's annual
report. The Administrator-Benefits is required by law to furnish each participant with
a copy of this summary annual report.
Prudent Actions by Pre-Tax Spending Plan Fiduciaries
In addition to creating rights for Pre-Tax Spending Plan participants, ERISA imposes duties
upon the "fiduciaries" of the Pre-Tax Spending Plan, who have a duty to operate the Plan prudently
and in the interest of you and other Pre-Tax Spending 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 plan 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 Pre-Tax Spending Plan documents or the latest summary annual
report from the Pre-Tax Spending 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 Administrator-Benefits 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 administrator.
- If you have a claim and an appeal for benefits, which are 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 Pre-Tax Spending Plan's decision or lack thereof concerning the
qualified status of a domestic relations order, you may file suit in Federal court. If it
should happen that Pre-Tax Spending 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. Any such lawsuit must be brought within
one year of the date on which your appeal was denied. 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 Pre-Tax Spending Plan, you should contact Aetna
Member Services via the telephone number on your ID card, or call Benefits Administration.
If you have any questions about this statement or about your rights under ERISA, or if you
need assistance in obtaining documents from the Administrator-Benefits, 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. 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.
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