EMPLOYEE PENSION PLAN SUMMARY PLAN DESCRIPTION
FOR HESS EMPLOYEES
HES-Z01 rev 01/2014
THINGS TO THINK ABOUT… • When will you want to retire? • How much will you need for retirement? • How can the Pension Plan and the Savings Plan, with its Company match, supplement your Social Security benefits and your personal savings to help you reach your financial goals for retirement?
TABLE OF CONTENTS INTRODUCTION .............................................................................................................................................1 PLAN OVERVIEW ...........................................................................................................................................2 WHO IS ELIGIBLE? .........................................................................................................................................3 THE PENSION PLAN BENEFIT ......................................................................................................................5 VESTING .........................................................................................................................................................8 RETIREMENT .................................................................................................................................................9 CALCULATING BENEFITS ........................................................................................................................... 12 PAYMENT ..................................................................................................................................................... 16 LUMP SUM PAYMENTS ............................................................................................................................... 18 APPLYING FOR BENEFITS .......................................................................................................................... 19 SOCIAL SECURITY BENEFITS .................................................................................................................... 20 IF YOU DIE BEFORE YOU RETIRE ............................................................................................................. 21 IF YOU DIE AFTER YOU RETIRE OR AFTER AGE 65 ................................................................................ 22 IF YOU ARE REHIRED ................................................................................................................................. 23 REHIRED RETIREES .................................................................................................................................... 25 FUNDING ...................................................................................................................................................... 26 FEDERAL INCOME TAXES .......................................................................................................................... 27 ASSIGNMENT OF BENEFITS ....................................................................................................................... 28 QUALIFIED DOMESTIC RELATIONS ORDERS .......................................................................................... 29 PENSION BENEFIT GUARANTY CORPORATION COVERAGE ................................................................. 30 IF THE PLAN IS AMENDED OR TERMINATED ........................................................................................... 31 CLAIMS PROCEDURES ............................................................................................................................... 32 ADMINISTRATIVE INFORMATION ............................................................................................................... 35 STATEMENT OF ERISA RIGHTS ................................................................................................................ 36
INTRODUCTION The Hess Corporation Employees’ Pension Plan
This SPD summarizes the terms of the Pension
(formerly the Amerada Hess Corporation Employees’
Plan in effect at the date of publication. Hess
Pension Plan) (the “Pension Plan” or the “Plan”) is
Corporation, however, reserves the right, in its
designed to help provide financial security for you and
sole discretion, to terminate or amend the
your family when you retire. Pension Plan benefits are
Pension Plan (including amendments to reduce
earned throughout your career. They are generally
or eliminate future benefits), for all participants or
based on a percentage of your earnings and years
a specific class of participants, for any reason,
worked. Your Pension Plan benefit, along with your
without notice. Hess Corporation cannot provide
Savings Plan investments, benefits from Social
personal legal or tax advice pertaining to the
Security and your personal savings, can provide you
Pension Plan. For this purpose, you should seek
with income for your retirement years.
advice from your own legal or tax advisor.
This booklet serves as the summary plan description
The Hess Corporation Employee Benefit Plans
(“SPD”) for the Pension Plan. The governing plan
Committee is the Plan Administrator. The Plan
documents for the Pension Plan are the Pension Plan
Administrator has the sole and absolute
document, this SPD, and the trust agreement that
discretionary authority to interpret the terms and
governs the Pension Plan’s relationship with the
provisions of the Pension Plan, and its judgments
trustee. This SPD describes the terms and conditions
will be final and binding on all parties. The Plan
relating to the Pension Plan and describes how the
Administrator may delegate such authority to
Pension Plan works and how it can help you save for
another person or persons.
the future. Information obtained during calls to the Hess Please take time to review this SPD. The description
Corporation or to any Pension Plan service
of the Pension Plan presented in this SPD is a
provider does not waive any provision or
summary and is not intended to take the place of the
limitation of the Plan. Information given or
Pension Plan document. In case of a conflict between
statements made on a call or in an e-mail do not
this SPD and the Pension Plan document, the
guarantee payment of benefits.
Pension Plan document shall govern.
1
PLAN OVERVIEW WHO IS ELIGIBLE • All employees of the Company (Hess Corporation and its subsidiaries and affiliates that have adopted the Plan), except for union employees whose collective bargaining agreement do not provide for eligibility in the Plan, and certain “leased employees.”
WHO PAYS • The Company pays 100% of the cost.
PARTICIPATION BEGINS • Automatically after one year of Service with the Company (12 consecutive months with at least 1,000 hours of employment beginning with your date of hire or anniversary thereof).
HOW BENEFITS ARE CALCULATED • Based on your years and months of Credited Service, your Final Average Compensation and your annual Social Security benefit at age 65 or at retirement if later (your “Primary Social Security Amount”).
PAYMENT OPTIONS • Choice of payment options; some payment options continue benefits to your survivor.
PAYMENTS CAN BEGIN After your employment ends, and you: • Reach age 65. • Retire from active employment and you are at least age 55 with ten or more years of Service. • Become totally and permanently disabled (with ten or more years of Service), are at least age 55, and have been completely disabled for at least 6 months or age 65, employment ends and you have a Social Security disability award. • Reach age 55: if your employed terminated before age 55 with at least 25 years of Service. • Reach age 55: if your employment terminated before age 55 with at least 10 years of Service but less than 25 years of Service.
2
WHO IS ELIGIBLE? As an eligible full-time or part-time common law
• are a U.S. citizen who is on a non-U.S. payroll;
employee (including certain leased employees,
• are a self-employed individual or an independent
as described below) of the Hess Corporation or
contractor. Your employment classification for this
a subsidiary or affiliate which has adopted this
purpose is determined by the Company and shall
Pension Plan (referred to collectively as the
not be subject to retroactive change for purposes of
“Company”), except as provided below, you are
the Pension Plan if it subsequently is determined by
eligible to participate in the Pension Plan after
the Internal Revenue Service, another federal
you have completed one year of Service with the
agency, a state agency, or as the result of legal
Company. A year of “Service” means 12
action that you should have been classified as an
consecutive months, commencing on your first
employee of the Company; or
date of hire or an anniversary thereof, in which
• are a union employee, unless the collective bar-
you have at least 1,000 hours of employment. A
gaining agreement applicable to you provides for
HETCO employee had to be a plan participant
eligibility in the Pension Plan.
as of 12/01/2006 in order to be entitled to a frozen accrued benefit.
A leased employee, for purposes of participation in the Pension Plan, is defined by the Internal Revenue
WHO IS ELIGIBLE?
Code, and generally is someone who performs
Generally, an eligible employee is any person
services pursuant to a leasing agreement between the
who is employed by Hess Corporation or a
Company and a third-party, has worked on a full-time
participating company. You are not eligible to
basis for the Company for at least one year, and works
participate in the Pension Plan if you:
under the primary direction or control of the Company.
• participate in any other pension benefit plan to
A leased employee will generally be eligible to
which the Company makes contributions on
participate in the Pension Plan unless he or she is
your behalf for the accrual of current benefits
covered under a money purchase pension plan that
(other than contributions under the Hess
satisfies certain requirements
Corporation Employees’ Savings Plan, under Social Security or any other governmental plan); • are a non-resident alien with no U.S. source income; .
3
ENROLLMENT
assets of those companies or their affiliates by
Service
the Company, service also will include years of
Service determines when you begin participating
employment with those companies immediately
in the Pension Plan, when you have a vested
before the acquisitions, subject to the terms of
right to a Pension Plan benefit (see “Vesting”),
the agreements between the Company and these
and whether you qualify for Normal, Early or
companies. If you worked for a company that was
Disability retirement (see “Vesting” and “When
acquired by Hess Corporation on or after May 1,
You Can Retire”). You earn one year of Service
2007, Service will include years of employment
for each 12 consecutive month period in which
with those companies or their affiliates prior to
you have at least 1,000 hours of employment,
the date of acquisition.
beginning with your date of hire or an anniversary thereof. In determining your Service,
If you transfer to HOVENSA, Service will include
certain periods will be counted for which you
all periods of employment with Hess Corporation
were paid but did not work (for example,
immediately preceding or following your transfer.
vacation, holiday, illness, incapacity (including
If you transfer from HOVENSA, Service will
disability), layoff, jury duty, military leave, or an
include all periods of employment with
authorized leave of absence provided the
HOVENSA immediately preceding your transfer.
employee returns to work). • Active employees or employees separated
“Credited Service” is different than “Service.”
after December 26th, 2009 — Please
Credited Service means the total of your years
contact The Resource Center at 1-877-511-
and months of employment with the Company
4377 or access The Resource Center online
and is used to calculate your pension benefit.
at www.HessResourceCenter.com if you have questions about whether any period will
Certain special service crediting rules apply to
count toward your Service.
non-hourly employees who are exempt from the
• Employees separated before December
overtime provisions of the Fair Labor Standards
26th, 2009 — Please contact The Benefits
Act and for whom no records of hours worked are
Center at 1-877-511-4377 or access The
maintained.
Benefit Center online at www.MyHessBenefits.com if you have
During any period that you are classified by the
questions about whether any period will count
Company as either an independent contractor or
toward your Service.
you provide services to the Company through another entity, you will not be eligible to
For former employees of Triton Exploration
participate in the Plan (even if you are later
Services, Inc., Pick Kwik Corporation, Merit Oil
retroactively reclassified as an employee during
Corporation, Strategic Resource Solutions Corp.,
all or any part of such period pursuant to
Texaco Pipelines LLC, Statoil Energy Services,
applicable law or otherwise).
Inc., Transco, Stuyvesant Fuel, Reliant Energy Solutions or Select Energy who were hired in connection with the acquisition of the stock or
4
THE PENSION PLAN BENEFIT Your Pension Plan benefit is determined using a
If you were a member of the Amerada Hess
formula based on:
Corporation Employees’ Retirement Income Plan (the
• Your Final Average Compensation;
“Prior Pension Plan”), your pension benefit also will be
• Your length of Credited Service with the
calculated using the pension formulas in effect under
Company; and • Your annual Social Security benefit at age 65
the Prior Pension Plan plus the benefit accrued since January 1, 1972 using the current plan formula. The
or your retirement age if later (your Primary
pension benefit you receive will be the highest amount
Social Security Amount and delayed
resulting from these pension calculations.
retirement credits). SOME IMPORTANT TERMS: The actual amount of the benefit you receive
Final Average Compensation
also will vary depending on your age at
Final Average Compensation means your average
retirement and the form of payment you choose.
yearly Compensation based on the highest-paid three calendar years (consecutive or non-consecutive) in the
HERE’S HOW IT WORKS:
ten years including and immediately before your
1.6% of your Final Average Compensation
retirement or earlier termination of employment, or
times Your years of Credited Service
your final Average Compensation as determined on January 1, 2007, if higher.
minus 1.5% of your Primary Social Security Amount
Compensation includes your actual salary or wages
(plus delayed retirement credit if you terminate
(base salary or hourly pay), including overtime, certain
employment after age 65)
bonuses and incentive compensation, commissions,
times
holiday and vacation pay, bereavement pay, jury duty
Your years of Credited Service (up to a
and witness pay, sick pay and injury benefits,
maximum reduction of 50% of your Primary
allowances for military reserve training (up to two
Social Security Amount).
weeks per year) and full-pay benefits for military leave of absence while on active service, premium pay for
This formula determines the annual pension
overseas service under agreements before July 1,
payable as a life annuity at normal retirement
1998, and up to 60 days of pay made under the federal
age (age 65) or a later retirement. However, you
Worker Adjustment and Retraining Notification Act.
may choose an alternative payment option as (see “Optional forms of Payment”). The Internal Revenue Code limits the amount that can be paid by a Pension Plan. In 2013, the maximum annual benefit at age 65 payable as a Life Annuity is $205,000. This limit is increased by the IRS periodically based on changes in the cost of living.
5
Compensation does not include certain other
Credited Service also includes certain periods such as
payments, such as contributions to an employee
authorized leaves of absence for vacation, jury duty,
benefit deferred compensation program, housing
military service, maternity leave, or personal illness or
allowances, moving expenses, educational
injury, provided you return to employment upon the
assistance benefits, severance pay, premiums
expiration of such period. However, if your authorized
for life insurance or medical insurance, meal
leave of absence for personal illness or injury is
allowances, premium pay for overseas service
immediately followed by your retirement under the
under agreements on or after July 1, 1998, or
Disability Retirement provisions described below, then
other special compensation. It also does not
you are not required to return to employment, but your
include amounts or bonuses paid to you after
Credited Service for this period will not be more than 6
you are no longer an employee except for a pro-
months.
rata bonus paid after your death or retirement. If you worked for a company that was acquired by If you transfer to or from HOVENSA, your Final
Hess Corporation on or after April 1, 2007, service with
Average Compensation at retirement will be
the company prior to the date of acquisition will not be
based on all periods of employment with Hess
considered Credited Service. In addition, Credited
Corporation and HOVENSA.
Service will not include any period for which you have made an affirmative election not to participate in the
The Internal Revenue Code limits the amount of
Pension Plan, periods of employment with an
Compensation that can be used to determine
“associated company” (including Oasis Oil Company of
your Pension Plan benefit. This limit ($255,000
Libya, Inc. and any other company designated by the
in 2013) is increased by the IRS periodically
Committee), any period during which you elected not
based on changes in the cost of living.
to make contributions that were required under the Prior Pension Plan, any period for which you received
Credited Service
a disability pension, any period for which you received
For purposes of determining your “Credited
credit under another pension plan to which the
Service,” you will receive a full month’s credit for
Company contributes (except the Amerada Hess
each month in which you receive or are entitled
Corporation Annuities and Benefits Plan), any period
to receive pensionable compensation from the
of layoff, and any period of leave of absence, except
Company. However, during your first or last
as described in the previous paragraph.
months of employment, you receive a full month’s credit only if you are employed for at least 15 days in that month. This also applies to months in which you are rehired or on an unpaid leave of absence. Credited Service also includes the one-year waiting period before you are eligible for the Pension Plan, but this period will not be considered earned until you become eligible to participate.
6
Primary Social Security Amount
When your actual pension benefit is calculated, your
Your Primary Social Security Amount is the
Primary Social Security Amount may be based on the
annual benefit which you are eligible to receive
above assumptions. If you think these estimates are
at age 65 under the federal Social Security Act
too high, you may obtain the actual figures from your
in effect on your termination of employment. If
record at the Social Security Administration and
you work beyond age 65, it is the annual Social
provide them to the Company by the later of six
Security benefit (which includes delayed
months from your date of termination or the date on
retirement credits) that you are eligible to receive
which you are notified of your benefits. The Company
when you retire.
will recalculate your pension benefit using the actual figures instead of the estimate and increase the
This Primary Social Security Amount is
amount payable from the Pension Plan if appropriate.
calculated using your actual compensation
If the use of your actual salary history results in a
history with the Company, to the extent that it is
decrease in your benefit, that actual salary history will
available and will include any HOVENSA
be disregarded.
compensation history. Certain earnings assumptions are used for periods not covered by
The Resource Center at 1-877-511-4377 should be
Company records or for the time before you
notified of any Social Security disability award or other
began working for the Company. The calculation
available information verifying your Social Security
assumes that your prior earnings had increased
benefit so that figure can be used as the basis of your
at a rate of 6% per year. If this assumption is not
Primary Social Security Amount.
accurate in your case, it may result in a higher amount being subtracted from your pension calculation than would actually be payable to you by Social Security at retirement age.
7
VESTING Vesting means you have a non-forfeitable right
years of Service and have not reached age
to a Pension Plan benefit even if you leave the
65, you will not be vested and will not be
Company. You are vested when:
entitled to a
• You complete five years of Service with the Company, or • You reach your Normal Retirement Date (age
benefit from the Pension Plan. If this happens, you will be deemed to have received the cash value of your unvested benefit, which is zero. Therefore, you will not
65) and have at least one year of Service with
retain any Credited Service in the Plan. However, this
the Company.
Credited Service may be restored if you are rehired (see “If You Are Rehired”).
Service for vesting includes service under the HOVENSA Employees’ Pension Plan, service for
If you were a member of and contributed to the Prior
an affiliated company (as described above under
Pension Plan, you are fully vested in the benefits
“Credited Service”), and service during which
attributable to your contributions. If your employment
you participate in another pension plan and are
terminates, you may withdraw your contributions plus
therefore not eligible to participate in this
credited interest at any time before your Normal
Pension Plan.
Retirement Date. However, in that case, you will lose benefits relating to credited service earned under the
If you leave the Company before completing five
Prior Pension Plan.
8
RETIREMENT NORMAL RETIREMENT
12). Different rules regarding early
Normal retirement is on your 65th birthday.
retirement apply to those with Merit and
However, if you continue to work after age 65,
Triton accrued benefits.
you will continue to accrue additional pension benefits. Your pension will not begin until you
Please see “Retiree Medical Benefits” later in this
actually retire, but you will receive a higher
section for details on medical plan eligibility.
benefit based on additional years of Credited Service.
DISABILITY RETIREMENT You may be eligible for a Disability Retirement if you
EARLY RETIREMENT
become totally and permanently disabled while
You may elect early retirement on the first day of
working for the Company, have ten years of Service,
any month after you reach age 55 if you have
and
completed at least 10 years of Service (“Early
• you are at least age 55 when you become disabled
Retirement”).
and you have completed 6 months of continuous
• If you retire and elect to begin receiving
service, or
benefits before age 60, you will receive a reduced benefit because it is expected that
• you receive a Social Security Disability award that is effective before employment terminates.
your benefits will be paid to you over a longer period of time. • If you wait until age 60 before starting to
You are considered totally and permanently disabled under the Pension Plan if you are unable to perform
receive pension benefits, you will receive your
any substantial gainful activity for the Company due to
full benefit without reduction.
a physical or mental impairment from which you are
• If you are vested and terminate your employment before the month that you reach
not expected to recover and which has not arisen out of your own misconduct.
age 55, different reductions apply (see page
9
(This definition is different from the definition of
be reduced by any pension benefit you receive (to a
disability under the Long Term Disability
minimum LTD payment of $100 per month).
Insurance Plan.) The disability of any Pension Plan member is determined by the Plan
In addition, your LTD benefit is not taxable income to
Administrator.
you, while your pension benefit is subject to income tax upon receipt. Therefore, requesting your pension
If you are eligible for a Disability Retirement, the
benefits when your disability retirement begins may not
following two options are available:
increase your monthly payments, and may result in
• You can defer receiving your disability
higher taxes. Because each individual’s situation is
retirement benefit. If you decide to elect this
different, you may want to consult with a financial
option, you will continue to earn a retirement
advisor before deciding to request pension payments.
benefit for each year you are disabled. Your retirement benefit will be based on your Final
Please see ”Retiree Medical Benefits” later in this
Average Compensation at the time you
section for details on medical plan eligibility.
became eligible for disability retirement but will include all Credited Service until the earliest of
DEFERRED RETIREMENT
age 65, your recovery or the date your benefit
If you have at least 10 years of Service, you can retire
begins. In this way, you will receive a higher
between the ages of 55 and 64 but defer receipt of
pension benefit. If you have elected coverage
your benefits until a later date.
under the Long Term Disability Insurance Plan (“LTD”), this allows you to receive full income protection through your LTD benefits until you recover or pension benefits begin. • You can begin receiving retirement benefits on the first day of the month following the month in which you become eligible for Disability Retirement or any future month as long as you remain disabled. There is no reduction for early payment of benefits due to disability. However, you will not earn additional pension benefits once your pension begins. Merit has different disability rules. For example, Former Merit only employees (who never worked for Hess) have to wait until age 65 to commence their disability pension.
If you have LTD coverage, it is important to understand the impact your pension benefit will have on your LTD benefits. Your LTD benefit will
10
\Please see "Retiree Medical Benefits" later in this section for details on medical plan eligibility.
Note: Generally, your benefits must begin by April 1st of the calendar year following the later of (i) the calendar year in which you reach age seventy and one-half (701⁄2) or (ii) the calendar year in which you terminate employment. If you remain employed by the Company following the calendar year in which you reach age seventy and one-half (701⁄2), your retirement benefit will be actuarially increased in accordance with applicable law. However, if you are a 5% shareholder of the Company, your benefits must begin by the April 1st of the calendar year following the calendar year in which you reach age seventy and one-half (701⁄2), regardless of whether you are still employed.
11
RETIREE MEDICAL BENEFITS RETIREE MEDICAL BENEFITS
retirement or deferred retirement, and you are
If you are currently enrolled in the medical plan under
currently covered under the Medical Benefit Plan, you
the Hess Corporation Health and Welfare Plan for
and your enrolled eligible dependents who were
Non-Hourly Employees (the “Medical Benefit Plan”),
enrolled in the Medical Benefit Plan at your retirement
you and your eligible dependents may be able to
will be automatically enrolled in the Health and
continue the same medical (including prescription
Welfare Plan for Retired Employees (the “Retiree
drug and vision benefits) and dental benefits under
Medical Plan”) following the end of your employment.
COBRA following the end of your employment.
No new dependents may be added unless you elect
COBRA coverage is a continuation of coverage under
COBRA. For purposes of receiving benefits under the
the Medical Benefit Plan when coverage would
Retiree Medical Plan, “retire” means that you are not
otherwise end due to a life event known as a
employed by the Company or any other employer.
qualifying life event. You, your spouse, your same sex or opposite sex domestic partner and the children
The Company will debit your pension check by the
of your domestic partner covered under the Medical
amounts that you must contribute to the cost of your
Benefit Plan could become qualified beneficiaries if
coverage or via direct billing. Your date of enrollment
you lose coverage due to a qualifying life event –
in the Retiree Medical Plan will be your retirement
such as normal retirement, early retirement, disability
date.
retirement and deferred retirement. Each qualified beneficiary has an independent right to elect COBRA
Please refer to the Retiree Medical Plan Summary
coverage. You may elect COBRA coverage on behalf
Plan Description for the terms and conditions of the
of your spouse or domestic partner; parents may elect
Retiree Medical Plan, including a description of
coverage on behalf of their children; and you or your
covered benefits, limitations and exclusions,
spouse or domestic partner may elect coverage on
coordination of benefits, subrogation, claims
behalf of all qualified beneficiaries. If you timely elect
procedures, pre-certification and a description of the
COBRA coverage, you will receive the same medical
right of the Company to change the terms and/or
(including prescription drug and vision benefits) and
amount of coverage under the Retiree Medical Plan.
dental benefits available to active employees. You
To verify whether or not you are eligible for medical
generally will be required to pay 102% of the
coverage, please contact The Resource Center at 1-
coverage being continued.
877-511-4377, Monday through Friday 8 a.m. to 8 p.m. EST.
Alternatively, if you have reached age 55 and completed at least 10 years of Service and retire due to normal retirement, early retirement, disability
12
CALCULATING BENEFITS BENEFIT AT NORMAL RETIREMENT AGE
as of January 2007. Social Security benefits are
In the following example, Bob Edwards’ pension
subject to change in future years. Accordingly, the
benefit is calculated according to the formula on
Pension Plan benefit calculation in the example would
page 5. Bob is retiring at age 65 and has 25
be different if this employee was retiring at age 65 in
years of Credited Service. Bob’s current annual
some future year.
Compensation is $43,940, his Final Average Compensation is $41,500, and his Primary
BENEFIT AT EARLY RETIREMENT
Social Security Amount is $16,130 per year
Your Early Retirement pension is calculated by
(based on the law in effect on January 1, 2007).
applying the Pension Plan formula as shown previously. The Pension Plan formula reflects benefits
The Calculation
payable at age 65. However, it is based on your
Step 1.
Credited Service and Final Average Compensation as
1.6% x $41,500 (Final Average Compensation) = $664
of the date of your Early Retirement. Your full benefit is payable at age 65, or you can receive a reduced
Step 2.
benefit earlier. The Early Retirement amounts will be
$664 (Step 1) x 25 (years of Credited Service)
based on your age and Service at Early Retirement.
= $16,600
(In determining your Primary Social Security Amount
Step 3.
used in the calculation of your benefit, you are
1.5% x $16,130 (Primary Social Security Amount)
assumed to have no future earnings through age 65.)
= $242 Step 4.
If you choose to begin receiving your benefit before
$242 (Step 3) x 25 (Credited Service) = $6,050
age 65 (60 if you retire from active employment on or
Step 5.
after age 55 with 10 or more years of service), your
$16,600 (Step 2) – $6,050 (Step 4) = $10,550
benefit will be reduced depending on your age. In each of the tables shown in the following examples, the
Bob’s annual retirement benefit payable at age
reduction is calculated based on your attained age in
65 in the form of a life annuity would be $10,550,
years and months when your payments begin.
which is $879.17 per month.
Different rules regarding early retirement apply to those with Merit and Triton accrued benefits.
The Primary Social Security Amount used in the above example is an estimate determined
13
BENEFIT WHEN RETIRING EARLY FROM
EARLY RETIREMENT BENEFIT FOR TERMINATION
ACTIVE EMPLOYMENT
OF EMPLOYMENT BEFORE AGE 55
If you retire from active employment after
If you leave the Company prior to age 55 and you have
attaining age 55 (or if you terminate employment
at least 25 years of Service, the reduction in your
in the month you reach age 55) and completing
benefit is determined according to the following
10 years of service, the following applies to you:
schedule:
If benefits begin at age:
You receive this %* of your age 65 benefit:
If benefits begin At ate:
You receive this %* of your age 65 benefit:
60 and older
100%
64
97%
59
95%
63
94%
58
90%
62
91%
57
85%
61
88%
56
80%
60
85%
55
75%
59
78%
58
71%
57
64%
56
57%
55
50%
* Note that the percentage will be adjusted to include partial months of age.
For example, assume you retire at age 55 with at least 10 years of Service and have earned a benefit of $15,000 per year ($1,250/month) payable at age 65. If you elect to begin Pension
* Note that the percentage will be adjusted to include partial months of age.
Plan benefit payments at: • Age 55, you’ll receive 75% of your benefit: $11,250 ($937.50/month). • Age 57, you’ll receive 85% of your benefit: $12,750/year ($1,062.50/month). • Age 60, you’ll receive 100% of your benefit: $15,000/year ($1,250.00/month).
Again assuming an annual benefit of $15,000 ($1,250/month) payable at age 65, if you elect to begin Pension Plan benefit payments at: • Age 55, you’ll receive 50% of your benefit: $7,500/year ($625.00/month). • Age 64, you’ll receive 97% of your benefit: $14,550/year ($1,212.50/month).
In this case, you should request that payments begin no later than age 60, because the amount payable after age 60 will not be greater if you wait longer.
14
If you leave the Company prior to age 55 with 10
retirement benefit. A Disability Retirement benefit is
years of Service but less than 25 years of
paid as a life annuity if you are single and as a 50%
Service and elect to begin receiving benefits
Joint and Survivor Annuity if you are married. There is
before age 65, your benefits are actuarially
no reduction for early commencement of benefit
reduced as shown below:
payments. After you are disabled you may choose to begin receiving benefits as soon as you are eligible or
If benefits begin at age:
You receive this %* of your age 65 benefit:
64
91.74%
benefit on the first day of the month following the later
63
84.33%
of (i) your attainment of age 65, (ii) the 10th
62
77.66%
anniversary of your participation in the Plan or (iii) the
61
71.65%
date specified in an election but no later than your
60
66.22%
attainment of age 70, unless you elect a later
59
61.29%
distribution date (subject to minimum required
58
56.81%
distribution rules under the Internal Revenue Code).
57
52.74%
56
49.01%
MINIMUM BENEFIT
55
45.61%
If you are an employee of the Company on or after
on the first day of any future month before your 65th birthday. However, you must commence receiving
January 1, 2005 and you are not a highly * Note that the percentage will be adjusted to include partial months of age.
Again, assuming an annual benefit of $15,000 ($1,250/month) payable at age 65, if you elect to begin Pension Plan benefit payments at: • Age 55, you’ll receive 45.61% of your benefit: $6,841.50/ year ($570.13/month). • Age 64, you’ll receive 91.74% of your benefit: $13,761.00/year ($1,146.75/month). DISABILITY RETIREMENT BENEFITS If you are eligible for disability retirement benefits, your monthly benefit under the Pension
compensated employee as determined under the Internal Revenue Code, then the pension benefit you receive will not be less than 6% of your Final Average Compensation, payable at age 65. Generally, you are a highly compensation employee if, during the prior calendar year, you either were a 5% owner of the Company or you received compensation over the limit set by the Internal Revenue Code ($115,000 in 2012). This minimum benefit provision does not apply to you if you are an employee of HOVENSA, a member of the Merit Plan or if assets and liabilities for benefits have been transferred to the Pension Plan from another plan on your behalf.
Plan is calculated using the same formula as your normal
15
PAYMENT The Pension Plan’s normal form of payment
OPTIONAL FORMS OF PAYMENT
depends on whether you are single or married
You may select one of the following optional forms of
when you retire. Your pension benefit
payment instead of your normal form. However, if you
automatically will be made under the normal
are married when you retire, your spouse must
form that applies to you unless you elect an
consent to your election in writing if you elect an
optional payment form. Normally, you will be
optional benefit other than a 66 2/3, 75% or 100% joint
given an explanation of the normal form of
and survivor annuity payable to your spouse. The
payment and of your opportunity to elect an
consent must be submitted with your spouse’s
optional form of payment about three months
notarized signature no earlier than 90 days before the
before you retire. To help you make your benefit
start of benefit payments. Your election cannot be
decision, you will be advised of the effect that
changed once benefits begin.
the various options have on the benefit you will receive.
Life Annuity This is the same as the normal form of payment for a
NORMAL FORMS OF PAYMENT
single person. It provides monthly benefits during your
Life Annuity
lifetime only, with no benefits payable to anyone else
If you are single when benefits begin, the normal
after your death.
form of payment is a life annuity which provides monthly payments for your lifetime. When you
50%, 662⁄3%, 75% or 100% Joint and Survivor
die, no further benefits are payable.
Options These options provide reduced monthly benefits during
Qualified Joint and Survivor Annuity
your lifetime so that after your death your designated
If you are married when your benefits begin, the
beneficiary receives, for the rest of his or her life, a
normal form of payment is a Qualified Joint and
monthly benefit equal to the percentage of the reduced
Survivor Annuity. This form reduces the regular
monthly benefit you chose. The larger the benefit
Life Annuity amount and pays you a reduced
payment to the survivor the greater the reduction in
benefit during your lifetime so that when you die
your benefit.
your surviving spouse will receive 50 percent of the benefit you were receiving for the rest of his
Life Pension Period Certain Option (Five or Ten
or her life. The amount of the reduction in your
Years)
benefit depends on actuarial factors based on the ages of you and your spouse.
This payment option provides actuarially reduced monthly benefits for your lifetime. However, payments
If you have a Merit or Triton Plan accrued
are guaranteed for either five or ten years, based on
benefit, the Normal Form of Payment for these
your election. That means that if you die before
accrued benefits is the 100% Joint and Survivor
receiving all your guaranteed payments, your
Annuity.
beneficiary will be paid the same amount you were receiving for the remainder of the
16
guaranteed period. After all the guaranteed payments are made, payments to your beneficiary will stop. The longer the guaranteed period, the greater the reduction in your benefit.
Those with a Merit accrued benefit have additional payment options including 25% J&S and a 15 Year Life and Period Certain in addition to all of the options mentioned above. Those with a Triton accrued benefit have the options of a single life annuity, 50% J&S, 75% J&S, and 100% J&S.
17
LUMP SUM PAYMENTS If you are vested and the present value of your
Retire or After Age 65”). You can generally roll over a
benefit under the Pension Plan is $1,000 or less
lump sum payment from this Plan into an Individual
when you leave the Company, the Plan
Retirement Account (IRA), traditional or Roth, or
automatically will pay your pension benefit in a
another eligible retirement plan.
single lump sum without your consent. If the present value of your benefit is greater than
If you die before retirement and the present value of
$1,000 but less than $5,000, then your benefit
the survivor benefit is $5,000 or less, a lump sum
will be paid in the form of a single lump sum, but
payment will be paid to your spouse or named
it will not be paid prior to age 65 without your
beneficiary at your death.
consent. The lump sum also will include, if applicable, the present value of the $2,500 death benefit (see “If You Die After You
18
APPLYING FOR BENEFITS About six months before you want benefits to
not earlier than 7 days after you receive a written
begin, you should request an estimate of your
notice from The Resource Center that includes an
monthly benefit amounts by:
explanation of the terms and conditions of the joint and
• Active employees or employees separated
survivor annuity, provided certain conditions are met. It
after December 26th, 2009 — calling The
is important to be aware that tax laws change from
Resource Center at 1-877-511-4377 or you
time to time and may be quite complex. It will be to
can calculate estimates online at
your advantage to consult a tax advisor before
www.HessResourceCenter.com.
deciding which payment option best meets your
• Employees separated before December
financial needs.
26th, 2009 — calling The Benefits Center at 1877-511-4377 or you can calculate estimates
Generally, you can change your payment election at
online at www.MyHessBenefits.com.
any time before benefits begin. Once benefits begin, you may not change your payment election.
You will receive a retirement package providing estimates under each payment option available
BENEFIT COMMENCEMENT
to you. This can help you decide how and when
If you are working for the Company when you request
to receive your benefit.
retirement, pension benefits are effective on the first day of the month following the termination date of your
Then, within 90 days before your last day of
employment. However, if your documents are not
work, complete and submit the retirement benefit
submitted timely, actual receipt of your first pension
election form which is available from The
check will not be on the date of your retirement. You
Resource Center. You should indicate on the
will receive a retroactive payment for any missed
form the payment option you want and the date
months as long as your pension payment starting date
you want payments to start. If you are married,
is not delayed for more than 12 months (unless it is
certain elections require your spouse’s written
caused by administrative delay). Thereafter, you will
consent.
receive monthly checks or, if you elect direct deposit, a monthly statement directly from the Plan Trustee.
Submit the election form and any required documents to The Resource Center for review
Since final earnings and time worked may not be
and processing. To reduce the possibility of
immediately available prior to your last day of work,
receiving your first pension payment later than
actual receipt of your first pension payment may be
the month following your retirement, you should
estimated. After your final earnings and time worked
submit the required paperwork at least 60 days
have been determined, your pension will be adjusted
in advance.
retroactively to your retirement date.
In general, the form must be submitted within the 30 to 90 day period prior to the date your benefits are scheduled to begin. You may elect to receive your retirement benefits earlier than 30 days but
19
SOCIAL SECURITY BENEFITS Social Security benefits are paid to you in addition to your Pension Plan benefit. Full Social Security benefits start between ages 65 and 67, depending on the year you were born. You also may request to receive Social Security benefits as early as age 62; however, these benefits will be reduced for early payment. Social Security benefits also are payable in case of your total and permanent disability. You must apply to receive Social Security benefits. They are not paid automatically. Contact your local Social Security office about three months before you want your benefits to begin. You also can request an estimate of your benefits by calling the Social Security Administration at 1-800772-1213.
20
IF YOU DIE BEFORE YOU RETIRE If you are vested and you die before benefits
Payments begin on the first day of the month in which
begin, the Pension Plan provides a benefit to
you would have reached age 55. If you die before
your surviving spouse or named beneficiary.
retirement and the present value of the survivor benefit
This applies even if you are not employed by the
is $5,000 or less, a lump sum payment will be paid to
Company at the time of your death.
your spouse or named beneficiary at your death.
Under this provision, your spouse or named
A surviving spouse or named beneficiary who is
beneficiary receives a lifetime income under the
eligible for a Merit or Triton accrued benefit would be
Pension Plan, depending on your age when you
entitled to the 100% Joint and Survivor Annuity option.
die. If you were a member of the Prior Pension Plan, but • If you die before you attain age 65, and at the
are not yet eligible for Early Retirement, your
time of your death you are age 55 or older and
beneficiary will receive a lump sum payment equal to
have completed five years of service, the
your required contributions under the Prior Pension
benefit is determined as if you retired with a
Plan, plus the credited interest on that amount to the
Qualified Joint and Survivor Annuity the day
date of death.
before you died. Your surviving spouse or named beneficiary will receive a payment
The Resource Center should be notified so the
equal to 50% of the reduced amount you
appropriate paperwork can be sent to your surviving
would have received. Payments will begin on
spouse or named beneficiary.
the first day of the month following your death. To obtain a beneficiary designation form: • If you are under age 55 at the time of your death and completed 5 years of service, the
• Active employees or employees separated after
benefit is determined as if:
December 26th, 2009 — visit The Resource Center
— your employment had terminated on the
online at www.HessResourceCenter.com or call 1-
day you died,
877-511-4377, Option 1.
— you survived until age 55,
•
— then retired with a Qualified Joint and
26th, 2009 — visit The Benefits Center online at
Survivor Annuity, and — died the next day.
Employees separated before December
www.MyHessBenefits.com or call 1-877-511-4377, Option 1.If you are married and wish to designate a beneficiary other than your spouse, your spouse must consent to your designation in writing and that consent must be notarized.
21
IF YOU DIE AFTER YOU RETIRE OR AFTER AGE 65 If you retire and begin receiving benefits under a
amount of the Pension Plan benefits paid to you and to
payment option that pays a benefit to your
your surviving spouse, other joint annuitant or period
surviving spouse, other joint annuitant or
certain beneficiary at the time monthly payments end,
beneficiary, pension benefits will be paid to that
is less than the total amount of required contributions
person when you die.
you made under the Prior Pension Plan, plus credited interest on the amount of required contributions you
The Pension Plan provides a lump sum death
made under the Prior Pension Plan (not previously
benefit of $2,500 to your beneficiary if you die
withdrawn) to the date your pension commenced. In
after you retire from active service and at
such event, your beneficiary will receive the difference
Normal, Early or Disability Retirement Date. This
between this total and the total monthly benefits paid.
payment is also made if you die after age 65 and have not yet retired.
The person designated as the beneficiary or joint annuitant for pension does not have to be the same
If your pension is being paid in a form that
individual for the $2,500 death benefit as long as your
provides for payments after your death, the
spouse consents. Also, you can elect more than one
person you designate to be your beneficiary or
primary and contingent beneficiary for the $2,500
the joint annuitant for that payment option also
death benefit at retirement.
will be your beneficiary for the $2,500 lump sum death benefit. If that beneficiary or joint annuitant
Former Merit and Triton employees who never worked
predeceases you or you are receiving a life
for Hess are not eligible for the $2,500 death benefit.
annuity, you may designate another person as your beneficiary for the $2,500 death benefit.
Your beneficiary also may receive a lump sum payment if you were a member of the Prior Pension Plan. This benefit will be paid if the total
22
IF YOU ARE REHIRED If you leave the Company and are later rehired,
2. If you are rehired with a Break in Service (and
certain rules determine what happens to your
were not a vested member of the Pension Plan
participation, service and benefits under the
before your Break in Service):
Pension Plan depending on the following:
This means that before working long enough to earn a vested benefit you worked for the Company 500 or
BREAK IN SERVICE
fewer hours in one or more of the years beginning with
A Break in Service occurs if you work 500 or
your original employment date and each anniversary of
fewer hours in an anniversary year. If you work
that date.
less than 1,000 hours but more than 500 in an
If your Break in Service equals or exceeds the greater
anniversary year, you remain a Pension Plan
of five years or the total number of your years of
participant, but do not earn a Year of Service for
Service before your Break in Service:
that year for purposes of vesting but you may
• You will receive no credit for your Service prior to
earn Credited Service for purposes of benefit accruals. In determining whether a Break in
your Break in Service. • You will be eligible for reinstatement in the Pension
Service has occurred, up to 501 hours will be
Plan after you complete one year of Service
counted for an absence due to pregnancy,
following your rehire date.
childbirth or adoption. If your Break in Service is less than the greater of five 1. If you are rehired without a Break in
years or the total number of your years of Service
Service: This means you worked for the
before your Break in Service:
Company more than 500 hours in each year you
• You will be eligible for immediate reinstatement
were employed beginning with your original
upon your date of rehire.
employment date and each anniversary of that date.
3. If you are rehired after a Break in Service and
• You will be eligible for continued participation
were a vested member of the Pension Plan before
or immediate reinstatement in the Pension
your Break in Service:
Plan and will receive vesting credit for your
You will be eligible for immediate reinstatement in the
prior Service to the extent you earned a year
Pension Plan and will receive vesting credit for your
of Service, but not for the Break in Service
prior Service following the completion of one hour of
period.
Service.
23
4. If you are rehired and you were not eligible for the Pension Plan before and if you meet the requirements of 1, and are not subject to 2, your prior Service will count toward the one year of Service required for eligibility in the Pension Plan.
For purposes of determiningyears of Service, Credited Service and Breaks in Service, periods of employment with HOVENSA immediately before or after employment by the Company will be treated as employment by the Company.
The rules regarding a Break in Service can be complicated. If you have any questions, please contact The Resource Center.
24
REHIRED RETIREES If you are receiving Pension Plan benefits and return to active employment and complete at least 40 hours per month, your benefit payments will be suspended.
When you retire again, your suspended benefit will be restored and adjusted to account for benefit amounts earned during your additional years of Service.
25
FUNDING The Company pays the entire cost of the Plan. There is no cost to you to be eligible to receive benefits from the Plan. The Company’s contributions to the Plan, which are actuarially determined, are paid out of the Company’s general assets and placed in a fund held by a trustee. The money is invested by the trustee or the investment managers and is used to provide benefit for Plan members and their beneficiaries.
26
FEDERAL INCOME TAXES Under current federal income tax law, your
withheld unless directly rolled over (as opposed to
retirement benefits are not taxable while they
distributed and then “rolled over”) to an IRA or other
accumulate in the Plan. However, unless you
eligible retirement plan. The Resource Center will give
elect otherwise at retirement, federal income
you written notice explaining: (i) your right to a direct
taxes will be withheld from your benefit
rollover of all or a portion of your distribution and (ii)
depending on the form of such benefit unless
the application of the mandatory twenty percent (20%)
you make a direct rollover (lump sum
withholding tax to portions of the distribution that are
distributions only) to an individual retirement
not directly rolled over. Please consult your tax advisor
account (“IRA”) or other eligible retirement plan.
in order to fully understand the tax consequences of
Depending on your place of residence, state and
any Plan distribution.
local income taxes may be withheld as well. You may also elect voluntary withholding. There are
This discussion is based on current law, which could
certain tax penalties if you withdraw your
change in a manner that would affect the tax
retirement benefits early. Regardless of whether
consequences described in this SPD, possibly with
you elect to have federal income taxes withheld,
retroactive effect. This discussion is merely a summary
you will still be responsible for payment of such
and does not purport to address all aspects of federal
taxes.
taxation that may be relevant to you. You are urged to consult with your personal tax or financial advisor.
If any distribution that you receive is an eligible rollover distribution, the tax law requires that twenty percent (20%) of your distribution must be
27
ASSIGNMENT OF BENEFITS You are not allowed to assign benefits to which you are entitled under the Pension Plan to satisfy a debt. Creditors also are not allowed to reach your benefits or interest in the assets of the Pension Plan, except as may be permitted by the law, such as in the case of a Qualified Domestic Relations Order that requires payments to a dependent or former spouse as discussed on the following page.
28
QUALIFIED DOMESTIC RELATIONS ORDERS A Qualified Domestic Relations Order (“QDRO”)
Earlier QDROs take precedence over subsequent
is a judgment, decree or order made by a court
QDROs.
under a state domestic relations law as a result of divorce or other circumstances, which assigns
You or your beneficiaries may obtain, without charge,
a portion of the benefits payable to a participant
a copy of the Pension Plan’s QDRO procedures from
under a qualified plan to your spouse, former
The Resource Center.
spouse, child or other dependent (“alternate payee”). If a domestic relations order is received, the Plan administrator will review the order and the participant and the alternate payee will be promptly notified of the status of the order.
29
PENSION BENEFIT GUARANTY CORPORATION COVERAGE Your pension benefits under the Pension Plan
that stop when you become eligible for Social Security)
are insured by the Pension Benefit Guaranty
that result in an early retirement monthly benefit
Corporation (“PBGC”), a federal insurance
greater than your monthly benefit at the plan’s normal
agency. If the Pension Plan terminates (ends)
retirement age; and (6) non-pension benefits, such as
without enough money to pay all benefits, the
health insurance, life insurance, certain death benefits,
PBGC will step in to pay pension benefits. Most
vacation pay, and severance pay.
people receive all of the pension benefits they would have received under their plan, but some
Even if certain of your benefits are not guaranteed, you
people may lose certain benefits.
still may receive some of those benefits from the PBGC depending on how much money your plan has
The PBGC guarantee generally covers: (1)
and on how much the PBGC collects from employers.
normal and early retirement benefits; (2) disability benefits if you become disabled before
For more information about the PBGC and the benefits
the plan terminates; and (3) certain benefits for
it guarantees, ask The Resource Center or contact the
your survivors.
PBGC’s Technical Assistance Division, 1200 K Street, N.W., Suite 930, Washington, D.C. 20005-4026 or call
The PBGC guarantee generally does not cover:
202-326-4000 (not a toll-free number). TTY/TDD users may call the federal relay service toll-free at 1-800-
(1) benefits greater than the maximum
877-8339 and ask to be connected to 202-326-4000.
guaranteed amount set by law for the year in
Additional information about the PBGC’s pension
which the plan terminates; (2) some or all of
insurance program is available through the PBGC’s
benefit increases and new benefits based on
website on the internet at www.pbgc.gov.
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
30
IF THE PLAN IS AMENDED OR TERMINATED Hess Corporation expects to continue the
The Pension Plan cannot be orally amended. All oral
Pension Plan indefinitely. However, it reserves
statements and representations shall be without force
the right to amend, modify, or terminate the
or effect even if such statements and representations
Pension Plan at any time, and to any extent.
are made by the Plan Administrator, by an employee of Hess Corporation or a participating company, or by
If the Pension Plan is terminated, the Pension
any member of the applicable committees of the
Plan’s available assets will be allocated to
Pension Plan. Only written statements by the
benefit categories as prescribed by the Pension
Employee Benefit Plans Committee as Plan
Benefit Guaranty Corporation. Certain Benefits
Administrator of the Pension Plan may bind the
under the Plan are insured by the PBGC.
Pension Plan.
31
CLAIMS PROCEDURES If you believe you are entitled to a benefit under the Pension Plan, you or your authorized representative acting on your behalf may make a
• The procedure and time limits for appealing the denial of your claim. • A statement of the claimant’s right to bring a civil
claim for benefits. Your claim for benefits must
action under section 502(a) of ERISA following
be in accordance with the procedures
adverse determination on review.
established by the Plan Administrator. Within 90 days after receiving the claim (or within 45 days
If you believe that you still have a right to a claim for
if the claim involves a determination of your
benefits after your initial claim has been denied in
disability), the Plan Administrator will review your
whole or in part, you or your authorized representative
claim and notify you of its decision. If the Plan
may appeal to the Plan Administrator within 60 days of
Administrator determines that more time is
the date on which you received the written benefit
needed to properly review your claim, you will
denial (within 180 days if the claim involves a
receive a written notice before the end of the
determination your disability). Your appeal must be in
initial 90 day review period that will tell you the
accordance with procedures established by the Plan
reasons why the extension is necessary and the
Administrator. If you fail to file a timely appeal, your
date by which the Plan Administrator expects to
claim will be permanently denied. You or your
complete the review and make a decision. The
authorized representative may receive, upon request
extension of the review period may not last more
and free of charge, copies of all documents, records
than 180 days from the day the Plan
and other information that is considered relevant to
Administrator received your original claim for
your claim under the law. You or your authorized
benefits. If the claim involves a determination of
representative may submit to the Plan Administrator
your disability, the Plan Administrator may
written comments, documents, records or other
extend the review period for two additional 30-
information in support of your claim. The Plan
day periods (for a maximum review period of 105
Administrator will review the appeal taking into account
days).
all materials which you or your representative have submitted, whether or not the information was part of
If all or a portion of your claim for benefits is
your original claim.
denied, you will be notified in writing of the specific reasons for the denial. A benefit denial
The Plan Administrator will notify you in writing of its
notice will tell you:
decision on the appeal of your claim within 60 days of
• The specific reason or reasons your claim was
receipt of the appeal unless the Plan Administrator
denied, • The Plan provisions on which the denial is
determines that more time is needed (within 45 days if the claim involves
based • Additional information or material required and why it is necessary in order for your claim to be considered, and
32
a determination your disability). If the Plan
A claim appeal denial notice will tell you:
Administrator determines that more time is
• The specific reason or reasons for the decision, with
needed to properly review your appeal, you will
references to the specific Plan provisions on which
receive a written notice before the end of the
the determination is based;
initial 60 day review period that will tell you the
• A statement that the Claimant is entitled to receive,
reasons why the extension is necessary and the
upon request and free of charge, reasonable access
date by which the Plan Administrator expects to
to, and copies of, all documents, records and other
complete the review and make a decision. The
information relevant to the claim; and
extension of the appeal review period may not last more than 120 days from the day the Plan
• A statement of the Claimant’s right to bring a civil action under Section 502(a) of ERISA.
Administrator receives your appeal (more than 90 days if the claim involves a determination
Any review of a claim involving a determination of your
your disability).
disability will not afford deference to the initial disability decision and will not be determined by any individual
If the extension is required due to the Claimant’s
who made the initial adverse determination or the
failure to submit information necessary to decide
subordinate of the individual.
the claim, the period for making the determination shall be tolled from the date on
You must exhaust the applicable claims procedures
which the extension notice is sent to the
described in this SPD before taking action in any other
Claimant until the earlier of (i) the date on which
forum regarding a claim for benefits under the Pension
the Claimant responds to the Plan’s request for
Plan. If you do not file an initial claim for benefits or an
information, or (ii) expiration of the forty-five (45)
appeal within the time periods specified under the
day period commencing on the date that the
applicable claims procedures, you will have
Claimant is notified that the requested additional
permanently waived and abandoned your claim, and
information must be provided. If notice of the
your claim shall be precluded.
denial of a claim is not furnished within the required time period described herein, the claim shall be deemed denied as of the last day of such period.
The Plan Administrator may hold a hearing regarding the claim and require the Claimant to attend. If a hearing is held, the Claimant shall be entitled to be represented by counsel.
If your appeal is denied, you will be notified in writing of the specific reasons for the denial.
33
Any suit or legal action initiated by a claimant under the Pension Plan must be brought by the claimant no later than one year following a final decision on the claim for benefits under these claims procedures. The one-year statute of limitations on suits for benefits applies in any forum where a claimant initiates such suit or legal action. If a civil action is not filed within this period, the claimant’s benefit claim is deemed permanently waived and abandoned.
If you have any questions about the claim and appeal procedures contact the Plan Administrator. The Employee Benefits Plans Committee is the Plan Administrator. The Plan Administrator has the sole and absolute discretionary authority to interpret the terms and provisions of the Pension Plan, and its judgments will be final and binding on all parties.
If a person claiming benefits under the Pension Plan makes a false statement that is material to such person’s claim for benefits, the Plan Administrator may adjust the benefits payable to the person or require that the payments be returned to the Pension Plan, or take any other action as the Plan Administrator deems reasonable. If you fail to comply with a request by the Plan Administrator for information or proof within a reasonable period of time, payment of any benefits that are due to you may be delayed until such information or proof is received by the Plan Administrator.
34
ADMINISTRATIVE INFORMATION This section provides important legal and
absolute discretionary authority to interpret the terms
administrative information regarding the Pension
and provisions of the Pension Plan, and its judgments
Plan and your legal rights with respect to the
will be final and binding on all parties. The Plan
Pension Plan. It is important that you understand
Administrator may delegate such authority to another
your rights as a participant in the Pension Plan,
person or persons.
so please review these provision carefully. PLAN ADMINISTRATOR PLAN NAME
Hess Corporation Employee Benefit
Hess Corporation Employees’ Pension Plan
Plans Committee c/o Hess Corporation
NAME AND ADDRESS OF SPONSOR
One Hess Plaza
Hess Corporation
Woodbridge, NJ 07095
1185 Avenue of the Americas
732-750-6000
New York, NY 10036 AGENT FOR SERVICE OF LEGAL PROCESS Note that other employers which are subsidiaries
Hess Corporation Employee Benefit
or affiliates of Hess Corporation may also
Plans Committee
participate in the Pension Plan. This Pension
c/o Hess Corporation
Plan may be maintained pursuant to one or
One Hess Plaza
more collective bargaining agreements. A
Woodbridge, NJ 07095
complete list of such employers and a list of collective bargaining agreements is available
Legal process may be made upon the Plan trustee or
upon written request to the Plan Administrator
Plan Administrator.
and is available for examination as described in the Statement of ERISA Rights on page 35.
PLAN TRUSTEE The Northern Trust Company
SPONSOR’S EIN
50 S. LaSalle Street
13-4921002
Chicago, IL 60603
PLAN IDENTIFICATION NUMBER
TYPE OF PLAN
333
Defined benefit
ADMINISTRATION OF PLAN
DATE OF PLAN YEAR END
The Employee Benefit Plans Committee is the
December 31
Plan Administrator. The Administrator has the sole and
35
STATEMENT OF ERISA RIGHTS As a participant in the Hess Corporation
under the Plan now. If you do not have a right to a
Employees’ Pension Plan, you are entitled to
pension, the statement will tell you how many more
certain rights and protections under the
years you have to work to get a right to a pension. This
Employee Retirement Income Security Act of
statement must be requested in writing and is not
1974 (“ERISA”). ERISA provides that all plan
required to be given more than once every twelve (12)
participants shall be entitled to:
months. The Plan must provide the statement free of charge.
RECEIVE INFORMATION ABOUT YOUR PLAN AND BENEFITS
PRUDENT ACTION BY PLAN FIDUCIARIES
• Examine, without charge, at the Plan
In addition to creating rights for plan participants,
Administrator’s office and at other specified
ERISA imposes duties upon the people who are
locations, such as worksites and union halls,
responsible for the operation of the employee benefit
all documents governing the Plan, including
plan. The people who operate your Plan, called
insurance contracts and collective bargaining
“fiduciaries” of the Plan, have a duty to do so prudently
agreements, and a copy of the latest annual
and in the interest of you and other Plan participants
report (Form 5500 Series) filed by the Plan
and beneficiaries. No one, including your employer,
with the U.S. Department of Labor and
your union, or any other person, may fire you or
available at the Public Disclosure Room of the
otherwise discriminate against you in any way to
Employee Benefits Security Administration.
prevent you from obtaining a pension benefit or
• Obtain, upon written request to the Plan
exercising your rights under ERISA.
Administrator, copies of documents governing the operation of the Plan, including insurance
ENFORCE YOUR RIGHTS
contracts and collective bargaining
If your claim for a pension is denied or ignored, in
agreements, and copies of the latest annual
whole or in part, you have a right to know why this was
report (Form 5500 Series) and summary plan
done, to obtain copies of documents relating to the
description. The Plan Administrator may make
decision without charge, and to appeal any denial, all
a reasonable charge for the copies.
within certain time schedules.
• Receive a summary of the Plan’s annual financial report. The Plan Administrator is
Under ERISA, there are steps you can take to enforce
required by law to furnish each participant with
the above rights. For instance, if you request a copy of
a copy of this summary annual report.
Plan documents or the latest annual report from the
• Obtain a statement telling you whether you have a right to receive a pension at normal
Plan and do not receive them within 30 days, you may file suit in Federal court.
retirement age (age 65) and if so, what your benefits would be at normal retirement age if you stop working
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In such a case, the court may require the Plan Administrator to provide the materials and pay
ASSISTANCE WITH YOUR QUESTIONS
you up to $110 a day until you receive the
If you have any questions about your Plan, you should
materials, unless the materials were not sent
contact The Resource Center at 1-877-511-4377. If
because of reasons beyond the control of the
you have any questions about this statement or about
Plan Administrator. If you have a claim for
your rights under ERISA, or if you need assistance in
benefits which is denied or ignored, in whole or
obtaining documents from the Plan Administrator, you
in part, you may file suit in a state Federal
should contact the nearest office of the Employee
court, after exhausting the claims procedures
Benefits Security Administration, U.S. Department of
under the Plan. In addition, if you disagree with
Labor, listed in your telephone directory or the Division
the Plan’s decision or lack thereof concerning
of Technical Assistance and Inquiries, Employee
the qualified status of a domestic relations
Benefits Security Administration, U.S. Department of
order, you may file suit in Federal court. If it
Labor, 200 Constitution Avenue, N.W., Washington,
should happen that Plan fiduciaries misuse the
DC 20210. You may also obtain certain publications
Plan’s money, or if you are discriminated
about your rights and responsibilities under ERISA by
against for asserting your rights, you may seek
calling the publications hotline of the Employee
assistance from the U.S. Department of Labor,
Benefits Security Administration.
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.
37