Pension Eligibility and Amounts
Section 3.01.     General.

This Article sets forth the eligibility conditions and benefit amounts for the pensions provided by this Plan. The accumulation and retention of Pension Credits for eligibility are subject to the provisions of Article 4. The benefit amounts are subject to reduction on account of the Husband-and-Wife Pension (Article 5). Entitlement of an eligible Participant to receive pension benefits is subject to his Retirement and application for benefits, as provided in Article 6.

Eligibility depends on Pension Credits, which are defined in Section 4.02 and 4.04, (and are based on creditable service both before and after the Contribution Date) or Years of Vesting Service, which are defined in Section 4.05. The amount of a Participant’s pension is computed in accordance with Section 6.06.

Section 3.02.     Benefit Plans A and Plan B.
  1. The following Plans of benefits are established:

    Plan A: Applies to Employees of Contributing Employers as of January 1, 1979, who were accepted by the Board of Trustees into the Plan prior to January 1, 1979.

    Plan B: Applies to Employees of Employers who were accepted or re-accepted by the Board of Trustees into the Plan on or after January 1, 1979.

  2. Plan Transfers - Effective January 1, 1982, Employees of Employers contributing to Plan B as of that date who had been accepted or re-accepted by the Board of Trustees into Plan B prior to January 1, 1981 are transferred to Plan A.

    Plan Transfers - Effective January 1, 1984, Employees of Employers contributing to Plan B as of that date who had been accepted or re-accepted by the Board of Trustees into Plan B prior to January 1, 1983 are transferred to Plan A.

  3. At Retirement, an Employee’s Pension Credit is determined as follows:


    1. All Pension Credit earned with an Employer who is contributing to Plan A or who last contributed to Plan A, will be determined under the provisions of Plan A at the time of the last contribution on the Employee's behalf.


    2. All Pension Credit earned with an Employer who is contributing to Plan B or who last contributed to Plan B, will be determined under the provisions of Plan B at the time of the last contribution on the Employee's behalf.

      These provisions are subject to the calculation rules in Section 7.06. Pension Credits cannot be downgraded from Plan A to Plan B if Pension Credits were earned under Plan A.


  4. Effective January 1, 1995, if the contributions requirement established by the Trustees for Plan A is increased, Employees of each Plan A Employer will thereafter accrue benefits under Plan B unless and until the Collective Bargaining Agreement of the Employee's Employer is amended to provide for the required Plan A contribution. Where an Employer’s Collective Bargaining Agreement is not amended to provide for payment of the required Plan A contributions, that Employer will automatically become a Contributing Employer in Plan B. Each Employee will retain all benefits accrued during participation in Plan A, including the early retirement eligibility requirements and adjustment factor on those benefits.


Section 3.03.     Regular Pension - Eligibility .
  1. A Participant may retire on a Regular Pension if he meets the following requirements:


    1. has reached age 65; and


    2. has at least ten (10) Pension Credits, three (3) of which are during the Contribution Period.


Section 3.04. Regular Pension Amount.

The amount of the Regular Pension for a Participant will be the sum of the amounts under plan A and Plan B as follows, subject to the provisions of Sections 3.02 and 6.06:

  1. Plan A

    1. Effective January 1, 1990, for all Pension Credits earned under Plan A, the amount will be $23.00 for each Pension Credit earned prior to the Contribution Date and $24.44 for each Pension Credit earned on or after the Contribution Date and prior to January 1, 1990. The amount will be $20.50 for each Pension Credit earned on or after the Contribution Date and on or after January 1, 1990.


    2. For all Participants who earned at least 2/10 of a Pension Credit after December 31, 1996, but did not earn at least 2/10 of a Pension Credit after December 31, 1997, the amount of the Pension Credits earned under Plan A on or after the Contribution Date and prior to January 1, 1997 will be $24.44. The amount will be $20.50 for each Pension Credit earned on or after the Contribution Date and on or after January 1, 1997.


    3. For all Participants who earned at least 2/10 of a Pension Credit after December 31, 1997, the amount of the Pension Credits earned under Plan A on or after the Contribution Date and prior to January 1, 1998 will be $34.44. The amount will be $20.50 for each Pension Credit earned on or after the Contribution Date and on or after January 1, 1998.


    4. For all Participants who earned at least 2/10 of a Pension Credit after December 31, 1998, the amount of the Pension Credits earned under Plan A on or after the Contribution Date and prior to January 1, 1999 will be $39.00. The amount will be $20.50 for each Pension Credit earned on or after the Contribution Date and on or after January 1, 1999.


  2. Plan B


    1. Effective January 1, 1988, for all Pension Credits earned under Plan B, the amount will be $13.00 for each Pension Credit earned prior to the Contribution Date and $13.30 for each Pension Credit earned on or after the Contribution Date and prior to January 1, 1990. The amount will be $12.00 for each Pension Credit earned on or after the Contribution Date and on or after January 1, 1990.


    2. For all Participants who earned at least 2/10 of a Pension Credit after December 31, 1996, but did not earn at least 2/10 of a Pension Credit after December 31, 1997, the amount of the Pension Credits earned under Plan B on or after the Contribution Date and prior to January 1, 1997 will be $13.30. The amount will be $12.00 for each Pension Credit earned on or after the Contribution Date and on or after January 1, 1997.


    3. For all Participants who earned at least 2/10 of a Pension Credit after December 31, 1997, the amount of the Pension Credits earned under Plan B on or after the Contribution Date and prior to January 1, 1998 will be $20.30. The amount will be $12.00 for each Pension Credit earned on or after the Contribution Date and on or after January 1, 1998.


    4. For all Participants who earned at least 2/10 of a Pension Credit after December 31, 1998, the amount of the Pension Credits earned under Plan B on or after the Contribution Date and prior to January 1, 1999 will be $23.00. The amount will be $12.00 for each Pension Credit earned on or after the Contribution Date and on or after January 1, 1999.


  3. Benefit rates for terminated Employees are stated in the Summary Plan Description.


Section 3.05.     Early Retirement - Eligibility.

A Participant may Retire on an Early Retirement Pension if he meets the following requirements:

  1. he has attained age 55; and


  2. he has at least ten (10) Pension Credits, three (3) of which are during the Contribution Period.


Section 3.06.     Early Retirement Pension Amount.

The monthly amount of the Early Retirement Pension is the amount of the Regular Pension reduced as follows:

  1. For pension benefits earned under Plan A, the amount of the reduction will be one-fourth of one percent (1/4 of 1%) for each month by which the commencement of the pension precedes the month the Participant will attain age 62.


  2. For amounts of pension benefit earned under Plan B, the amount of the reduction will be one half of one percent (1/2 of 1%) for each month by which the commencement of the pension precedes the month the Participant will attain age 65.


Section 3.07.     Vested Pension - Eligibility .

A Participant has the right to a Vested Pension at his Normal Retirement Age if he has credit for at least ten (10) years of Vesting Service during the Contribution Period.

Effective January 1, 1989, for Participants who earn one or more Hours of Service on or after January 1, 1989 in Covered Employment not covered by a Collective Bargaining Agreement, a Participant will have the right to a Vested Pension at his Normal Retirement Age if he has credit for at least five (5) years of Vesting Service during the Contribution Period which has not been canceled by a Permanent Break in Service.

Effective January 1, 1997, an individual who completes more than one Hour of Service on or after January 1, 1997 has the right to a vested Pension at his Normal Retirement Age after he completes at least five (5) Years of Vesting Service during the Contribution Period, excluding Years of Service that are not taken into account because of a Permanent Break in Service determined after the application of this provision.

Section 3.08.     Vested Pension - Amount .

The amount of Vested Pension is the same as the Regular Pension.

Section 3.09.     Disability Pension - Eligibility and Commencement.

A Participant may Retire on a Disability Pension if:

  1. he has at least ten (10) Pension Credits, three (3) of which are during the Contribution Period, and


  2. he becomes Permanently and Totally Disabled as defined in (d) below, and


  3. he worked in Covered Employment for at least 950 total hours in the period that consists of the Calendar Year in which he became Permanently and Totally Disabled and the previous Calendar Year.


  4. A Participant is Permanently and Totally Disabled upon determination by the Social Security Administration that he is entitled to a Social Security Disability benefit under Title II of the Social Security Act (Federal Old Age, Survivor's and Disability Insurance Benefits) for a permanent disability. The Date of Disability for purposes of this Plan shall be the Date of Entitlement stated on the Participant's Social Security Award. The Trustees may periodically require the Participant to provide evidence of his continued entitlement to Social Security Disability Benefits for a permanent disability.


  5. The Effective Date of the Disability Pensions is the first day of the month following the receipt of the Participant's Application.


Section 3.10.     Disability Pension - Amount .
  1. The monthly amount of the Disability Pension is the same as the Regular Pension. A Disability Pension is determined based on the Plan in effect on the last day of Covered Employment. Any periods of Covered Employment after the Effective Date (but prior to approval of the benefit by the Trustees), which constitute Pension Credit under the terms of this Plan, is counted for eligibility and benefit purposes; however, no payment will be made for any month after the Effective Date during which the Participant engaged in Covered Employment. The provisions of Section 6.06 will apply to the calculation of any benefit.


  2. Where the Date of the Entitlement to Social Security Benefits is prior to the Effective Date of the Disability Pension, the benefit payment for the first month of the pension will be equal to the monthly benefit amount stated above in this Section 3.10 plus an additional amount equal to the monthly benefit amount times the number of months between the Effective Date and the Date of Entitlement; provided, however, that if the Pension Application is received by the Plan more than 60 days after the receipt by the Participant of the Social Security Disability Award, the additional amount added to the first monthly benefit will not exceed the monthly benefit amount multiplied by nine (9).




Section 3.11.     Termination of Disability Pension.
  1. A Disability Pension will terminate before age 62:


    1. if a Disability Pensioner loses entitlement to Social Security Disability benefits or recovers from a disability. The Disability Pensioner must report his recovery or loss of entitlement in writing to the Trustees within 21 days of either the date of his recovery or the date he receives notice from the Social Security Administration concerning his loss of entitlement;


    2. if the Disability Pensioner engages in any regular gainful occupation or employment for remuneration or profit except such employment as is determined by the Trustees to be for purposes of rehabilitation. The Trustees may temporarily terminate the benefit of a Disability Pensioner for up to three (3) months to enable the Pensioner to return to any employment, whether or not for purposes of rehabilitation, on a trial basis. Any provisions of the pension regarding benefits following the death of the Pensioner remain effective until notification by the Trustees of the permanent termination of disability benefits.


    3. if the Trustees determine on the basis of a medical examination that the Disability Pensioner has sufficiently recovered to return to any gainful employment; or


    4. if the Disability Pensioner refuses to undergo a medical examination ordered by the Trustees.


  2. In the event a Disability Pension is terminated, the former Disability Pensioner may, if otherwise eligible, convert the pension to an Early, Regular or Vested Pension. In this event, no options other than those already chosen are available; the 36 Month Guarantee in Section 5.07 applies, if applicable, based upon all payments made after the original Effective Date of the Disability Pension. Any percentage increases in Pensioner benefits granted during the period while receiving a Disability Pension will be applied to the recomputed benefit. The Early Retirement reduction under Section 3.06 in effect when the pension is converted will apply. Such conversion rights will apply until such time as one (1) additional Year of Vesting Service is earned under Covered Employment.
Section 3.12. Non-duplication of Pensions.

A person is entitled to only one pension under this Plan, except that a Disability Pensioner who recovers may be entitled to a different type of pension. A Pensioner also may receive a pension as the Spouse of a deceased Pensioner.


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