This document is a contingent election made by the Board of Trustees of the 1199SEIU Healthcare Employees Pension Fund under Section 204 of the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA). The trustees were unable to reach agreement on whether to make the election and have resolved to have the decision resolved through the fund's arbitration process. The document provides details on the plan, the contingent nature of the election, and the information required under IRS Notice 2009-42 for such elections.