What are My Rights under ERISA? © 2026 Surest. All Rights Reserved . 67 suit in a Federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay the Participant up to $110 a day until he/she receives the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If a Participant has a Claim for Benefits that is denied or ignored, in whole or in part, the Participant may file suit in a state or Federal court after exhausting the appeal procedures provided in the Surest Plan (see Section 8 [What Do I Do If My Claim Is Denied]). In addition, if a Participant disagrees with the Surest Plan’s decision or lack thereof concerning the qualified status of a medical child support order, the Participant may file suit in Federal court. If it should happen that Plan fiduciaries misuse this Plan’s money, or if a Participant is discriminated against for asserting his/her rights, he/she may seek assistance from the U.S. Department of Labor or may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If the Participant is successful, the court may order the person he/she has sued to pay these costs and fees. If the Participant loses, the court may order the Participant to pay these costs and fees — for example, if it finds the Claim is frivolous. • Exhaustion of administrative procedures required. To the fullest extent permitted under applicable law, the right to maintain a court action is subject to the Plan’s requirements that administrative procedures be completed first. This is called exhaustion of administrative remedies. Failure to exhaust administrative procedures may preclude you from bringing an action in court. Assistance with Questions • For questions about this Plan, contact the Plan Administrator. • For questions about this statement or about a Participant’s rights under ERISA, or if a Participant needs assistance in obtaining documents from the Plan Administrator, contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in the 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. • A Participant may also obtain certain publications about rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.