Normal Forms of Pension: Husband-and-Wife Pension, Single Life Pension and Single Life Pension with 100-Month Guarantee
Section 5.01.     Normal Form of Pension for Married Participants: Husband-and-Wife Pension-- General.
  1. If the Effective Date of a pension payable to a married Participant is after December 31, 1984, the benefit is to be paid as a Husband-and-Wife Pension , which is the Normal Form of Pension for a married Participant, unless:


    1. the Participant and Spouse elect otherwise in accordance with Section 5.02(f); or


    2. the Spouse is not a Qualified Spouse as defined below; or


    3. the benefit is payable only in a single sum, under Section 7.05(a).


  2. A Pre-retirement Surviving Spouse Pension is payable as described in this Article when a married Participant (1) dies after August 22, 1984 but before his pension payments have started, (2) has attained Vested Status and (3) has at least one (1) Hour of Service (including paid leave) after August 22, 1984.


  3. For purposes of this Plan, a Spouse is a person to whom a Participant is considered married under applicable law or, if and to the extent provided by a Qualified Domestic Relations Order as defined in ERISA, a Participant's former Spouse. Notwithstanding the foregoing and applicable law, an individual of the same sex as a Participant shall not be treated as the Participantís spouse for purposes of this Plan.


  4. To be eligible to receive the survivor's pension in accordance with a Husband-and-Wife Pension or a Pre-retirement Surviving Spouse Pension, the Spouse must be a "Qualified Spouse" as defined in Section 5.02(b) or 5.03(b), as applicable.


Section 5.02.     Husband-and-Wife Pension at Retirement.
  1. Effective January 1, 1985, the pension of a Participant who is married to a Qualified Spouse on the date his pension payments start will be paid in the form of a Husband-and-Wife Pension, unless a valid waiver of that form of payment has been filed with the Plan. This includes a Disability Pension.


  2. A Spouse is a Qualified Spouse if the Participant and Spouse were married throughout the one (1) year period ending with the date the Participant's pension payments start. A Spouse is also a Qualified Spouse if the Participant and Spouse became married within the year immediately before the date the Participant's pension payments start and they were married for at least one (1) year before his death. A former Spouse is a "Qualified Spouse" if the couple was divorced after being married for at least twelve (12) months and the former Spouse is required to be treated as a Spouse or a surviving Spouse under a Qualified Domestic Relations Order as defined in ERISA.


  3. A Husband-and-Wife Pension means that the Participant will receive an adjusted monthly amount for his life and, if the Participant dies before his Qualified Spouse, the latter will receive a monthly benefit for her lifetime of 50% of the Participant's adjusted monthly amount. The Participant's monthly amount will be a percentage of the full monthly amount otherwise payable as a single life pension (after adjustment, if any, for early retirement) computed in accordance with Section 6.08(c).


  4. Except as provided in 6.08(c))(3), a Husband-and-Wife Pension, once payments have begun, may not be revoked nor the Pensioner's benefits increased by reason of subsequent divorce or death of the Spouse before that of the Participant.


  5. A retiring Participant and Spouse will be advised by the Trustees of the effect of payment on the basis of the Husband-and-Wife Pension, including a comparison with other optional forms of payment available under the Plan.


  6. The Husband-and-Wife Pension may be rejected in favor of another form of payment (or a previous rejection may be revoked) only as follows:


    1. The Participant must file the rejection in writing in such form as the Trustees may prescribe. The Participant's Spouse must acknowledge the effect of the rejection and must consent to it in writing. The Spouse must also consent to a specified Beneficiary or Beneficiaries and to a specified optional benefit form. The Spouse's consent must be witnessed by a Notary Public. The Participant may not subsequently change the designated Beneficiary or Beneficiaries or the optional benefit form without the consent of the Spouse, or


    2. The Participant must establish to the satisfaction of the Trustees that a Spouse's consent is not required because:


      1. the Participant is not married;


      2. the Spouse whose consent would be required cannot be located; or


      3. consent of the Spouse cannot be obtained because of extenuating circumstances, as provided in IRS regulations.


    3. To be timely, a rejection of the Husband-and-Wife Pension and any required consent must be filed within the Election Period defined in Section 7.05(b). To be valid, such a rejection must be made after the Participant and Spouse have been provided with information which includes a general explanation of the Husband-and-Wife Pension, the circumstances in which it will be provided unless the Participant and Spouse elect otherwise, the availability of such an election, the estimated effect of the Husband-and-Wife Pension and the eligibility conditions and other material features of the optional forms of benefits provided under the Plan including the relative values of the optional forms. The Participant and Spouse may revoke a previous rejection or file a new rejection at any time during the Election Period and after the receipt of the information referred to in this subsection.


    4. A Spouse's consent to a rejection is effective only with respect to that Spouse.


  7. If the Husband-and-Wife Pension would be payable except for the fact that the Spouse is not a Qualified Spouse on the date the Participant's pension payments start because the Participant and Spouse have not been married for at least one (1) year at that time, pension payments to the Participant will be made in the amount adjusted for the Husband-and-Wife Pension. If the Participant and Spouse have not been married to each other for at least one (1) year before the death of the Participant, the difference between the amounts that had been paid and the amounts that would have been paid if the monthly amount had not been adjusted will be paid to the Spouse, if then alive, and otherwise to the Participant's designated Beneficiary.


Section 5.03.     Pre-retirement Surviving Spouse Pension.
  1. If a Participant who has a Qualified Spouse dies before his pension payments start but at a time when he had attained Vested Status, including Inactive Vested Participants, a Pre-retirement Surviving Spouse Pension will be paid to his surviving Qualified Spouse.


  2. A Spouse is a Qualified Spouse for the purposes of this Section if the Participant and Spouse have been married to each other throughout the year immediately before the Participant's death, or if the couple were divorced and the former Spouse is required to be treated as a Spouse or surviving Spouse under a Qualified Domestic Relations Order as defined in ERISA.


  3. The surviving Qualified Spouse is entitled to the greater of the benefits described in (1) or (2) below beginning the first of the month following the month in which the Participant's death occurred:


    1. The monthly amount of the Spouse's Pension is determined by taking the (lump sum) amount equal to 100 times the monthly benefit that the deceased Employee could have received had he retired the day before his death and determining the monthly lifetime annuity the Spouse could receive, based on the Spouse's age and the factors set forth in subsection 6.08(h). If the Employee dies prior to age 55, the benefit he could have received had he retired the day before his death is determined as if he were age 55. Payments to the surviving Qualified Spouse will not be made retroactively more than eight (8) months before the month in which an application is received.


    2. If the Participant described in (a) above dies on or after age 55, the surviving Qualified Spouse is entitled to a lifetime Surviving Spouse Pension determined in accordance with the provisions of Section 5.02 as if the Participant had retired the day before he died.

      If the Participant in (a) above dies before age 55, the surviving Qualified Spouse is entitled to a Pre-retirement Surviving Spouse Pension determined as if the Participant had left Covered Employment on the date of his death (or the date he last worked in Covered Employment, if earlier), survived to age 55, retired at age 55 on a Husband-and-Wife Pension (Section 5.02) and died the next day.


  4. A former Pensioner who rejects the Husband-and-Wife Pension is not entitled to any benefit for his surviving Qualified Spouse under this Section 5.03 unless the Pensioner returns to Covered Employment and the Pensioner satisfies the requirements for reinstatement of participation in Section 2.03 after pension payments cease.


Section 5.04.     Trustees' Reliance.

The Trustees are entitled to rely on written representations, consents and revocations submitted by Participants, Spouses or other parties in making determinations under this Article and, unless such reliance is arbitrary or capricious, the Trustees' determinations will be final and binding, and will discharge the Fund and the Trustees from liability to the extent of the payments made. This means that, unless the Plan is administered in a manner determined to be inconsistent with the fiduciary standards of Part 4 of Title I of ERISA, the Fund is not liable under this Article for duplicate benefits with respect to the same Participant, or for surviving Spouse benefits in excess of the Actuarial Present Value of the benefits described in this Article, determined as of the Effective Date of the Participant's pension or, if earlier, the date of the Participant's death.

Section 5.05.     Single Life Pension with 100-Month Guarantee; Single Life Pension.

An unmarried Participant who becomes entitled to receive a pension benefit will receive it in the applicable Normal Form unless the Participant has filed a timely rejection of that form of payment.

  1. Regular or Early Retirement Pension: The Normal Form of Pension for unmarried Participants who retire on a Regular or Early Retirement Pension is a Single Life Pension with 100-Month Guarantee which is a monthly amount payable for the remainder of the Pensioner's life terminating with the payment for the month in which the Pensioner's death occurs, provided that if the Pensioner dies before he receives 100 monthly payments, monthly benefits will continue to be paid to his designated Beneficiary, if any, until 100 total payments have been made to the Pensioner and Beneficiary combined.


  2. Disability or Vested Pension: The Normal Form of benefit payment for unmarried Participants who retire on a Disability or Vested Pension is a Single Life Pension which is a monthly amount payable for the remainder of the Pensioner's life terminating with the payment for the month in which the Pensioner dies.


  3. To be timely, a rejection of the applicable Normal Form for an unmarried Participant must be filed within the ninety (90) day period ending on the Effective Date of the Participant's benefit as provided in Section 7.05(b). To be valid, such a rejection must be made after the Participant has been provided with information which includes a general explanation of the applicable Normal Form, the circumstances in which it will be provided unless the Participant elects otherwise, the availability of such an election, the estimated effect of the applicable Normal Form, the eligibility conditions and other material features of the optional forms of benefits provided under the Plan including the relative values of the optional forms. The Participant may revoke a previous waiver or file a new waiver at any time during the 90-day period and after the receipt of the information referred to in this subsection.


  4. An unmarried Participant who has rejected the applicable Normal Form in accordance with subsection (b) will be entitled to elect to receive his pension benefit in accordance with the optional forms of benefits provided in Article 6 subject to the limitations of that Article.





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