- Except as required by law, as a condition for payment of any benefit from the Plan, an application for the
benefit must be made in writing in the form and manner required by the Trustees. No benefits will be paid prior
to the establishment of an Individual Account. An application may be withdrawn at any time before the payments
- If the amount of the Individual Account is $5000 or less, the Trustees will pay the benefit in a lump sum. If
the amount of the Individual Account exceeds $5000, benefits may not be paid before the date the Participant
attains Normal Retirement Age without the consent of the Participant. The Participant's consent is not valid
unless the Participant has received a general description of the material features and an explanation of the
relative values of the optional forms of benefit available under the Plan before giving consent.
- The Effective Date of benefits is the date specified by the Participant or, if later, the first of the
month after a Participant has fulfilled all of the conditions for entitlement to benefits (including the
conditions for the form of benefit elected by the Participant in Sections 5.05 and 6.05) and after the later
of the following:
- submission by the Participant of a completed application for benefits, or
- 30 days after the Plan advises the Participant and Spouse, if applicable, of the available benefit payment options, unless--
- the benefit is being paid as a Husband-and-Wife Pension at or after the Participant reaches Normal Retirement Age; or
- the benefit is being paid out automatically as a lump sum under Section 5.06; or
- in the case of a Single Life Pension under Section 5.05, the Participant consents in writing to the
commencement of payments before the end of that 30-day period.
- The Effective Date may be before the end of the thirty-day period in subsection (c)(ii) above if all
of the following requirements are met:
- The Participant, and Spouse if applicable, are provided with information about the right to at least
30 days to consider the available benefit options and whether to consent to payment;
- The Participant, and Spouse, if applicable, are permitted to revoke any election until the Effective
Date, or if later, at any time prior to the expiration of the seven-day period that begins the day after the
explanation of the available benefit payment options is provided to the Participant, and Spouse, if applicable;
- The Effective Date is after the date that the explanation of the available benefit payment options is
provided to the Participant, and Spouse if applicable; and
- The actual payment of benefits does not begin before the expiration of the seven-day period that begins the
day after the explanation of the available benefit payment options is provided to the Participant, and Spouse if
Provided, that the Effective Date of benefits will not be later than the April 1st following the calendar year
in which the Participant will reach age 70 ½. In this case, the explanation of the available benefit options
may be provided to the Participant and Spouse, if applicable, after the Effective Date and the term "commencement
of benefit payments" is substituted for "Effective Date" in (iii) above.
- Payment of a Participant's Individual Account will be made as soon as practical after the Participant's Effective
Date of benefits but not later than 60 days after the latest of the following to occur:
- December 31st of the Plan Year in which the Participant reaches Normal Retirement Age;
- the Participant's termination of employment;
- the date as of which the Participant's benefit is first ascertained.
- If a Participant's Beneficiary is not his Surviving Spouse, the payment of any benefits that become payable because
of the Participant's death will begin no later than one year from the date of death or, if later, as soon as practical
after the Trustees learn of the death.
- If a Participant begins to receive distribution of his Individual Account, payments will be made over a period no
longer than the joint life expectancies of the Participant and his Spouse and/or other Beneficiary.
- Payments continuing to a surviving Spouse or other Beneficiary after the death of a Participant whose distribution
had begun will continue over a period that is no longer than the period originally scheduled when the Participant's
- If the Participant died before a distribution began, payments will be made over a period no longer than the life
expectancy of his Spouse or other Designated Beneficiary provided that any portion of the Participant's benefit that
is not paid to the Participant's Spouse or other Designated Beneficiary will be distributed within five (5) years of
the death of the Participant.
- Any benefits payable to an "Alternate Payee" under a Qualified Domestic Relations Order will reduce any
benefits payable to a Participant, Spouse, or Beneficiary under this Plan.
- This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the Plan
to the contrary that would otherwise limit a Distributee's election under this subsection, a Distributee may elect, at the
time and in the manner required by the Trustees, to have any portion of an Eligible Rollover Distribution paid directly to
an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
- "Eligible Rollover Distribution": An Eligible Rollover Distribution is any distribution of all or any portion
of the benefit of the Distributee, except that an Eligible Rollover Distribution does not include any distribution that is
one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life
expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's
Designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is
required under Section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. To
the extent the Plan may permit elective Contributions and hardship withdrawals and effective on or after January 1, 2000, an
Eligible Rollover Distribution described in Section 401(c)(4) of the Internal Revenue Code, which the Participant can elect
to roll over to another plan pursuant to Section 401(a)(31) of the Internal Revenue Code, excludes hardship withdrawals as
defined in Section 401(k)(2)(B)(i)(IV) of the Internal Revenue Code, which are attributable to the Participant's elective
Contributions under Treasury Regulation Section 1.401(k)-1(k)(2)(ii).
- "Eligible Retirement Plan": An Eligible Retirement Plan is an individual retirement account described in
Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity
plan described in Section 403(a) of the Code, or a qualified trust described in Section 401(a) of the Code, that
accepts the Distributee's Eligible Rollover Distribution. However, for distributions made prior to January 1, 2002,
in the case of an Eligible Rollover Distribution to the surviving Spouse or former Spouse who is an alternate Payee
under a Qualified Domestic Relations Order, an Eligible Retirement Plan is an individual retirement account or
individual retirement annuity.
Effective for distributions made after December 31, 2001, an Eligible Retirement Plan shall also mean an annuity
contract described in Section 403(b) of the Internal Revenue Code and an eligible plan under Section 457(b) of the
Internal Revenue Code which is maintained by a state or political subdivision of a state and which agrees to separately
account for amounts transferred into such plan from this Plan. In addition, this definition of Eligible Retirement Plan
shall apply in the case of a distribution to a surviving Spouse or to a Spouse or former Spouse who is the Alternate
Payee under a Qualified Domestic Relations Order.
- "Distributee": A Distributee includes a Participant or former Participant. In addition, the Participant's or
former Participant's surviving Spouse and the Participant's or former Participant's Spouse or former Spouse who is the
Alternate Payee under a Qualified Domestic Relations Order, as defined in Section 414(p) of the Code, are Distributees with
regard to the interest of the Spouse or former Spouse.
- "Direct Rollover": A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the
At the request of the Trustees, a Participant, Annuitant or Beneficiary must provide any evidence reasonably required for
the administration of the Plan or to enable the Trustees to make a determination of any matter that the Trustees may have
before them. The Trustees will be the sole judges of the standard of evidence required in any case. Failure to furnish
information on a timely basis, and in good faith, will be sufficient reason for the denial of immediate benefits to a
Participant or Beneficiary, or temporary suspension of benefits to an Annuitant. Furnishing a false statement that is
material to an application or furnishing false information or proof will be sufficient reason for the denial, suspension
or discontinuance of benefits under this Plan. The Trustees have the right to recover any losses resulting from reliance on
If an application for benefits under this Plan has been denied, in part or in whole, or if a dispute arises as to the
amount of an Individual Account or any other matter concerning application of this Plan, the Participant or Beneficiary has
the right to appeal the decision.
The decisions of the Trustees applying and interpreting any of the provisions of this Plan, will be final and binding on
all parties, including Participants, Employers, the Union, Annuitants and Beneficiaries.
An Employee may designate a Beneficiary on a form provided by the Trustees and delivered to the Trustees before death.
An Employee may change his or her Beneficiary (without the consent of the Beneficiary) in the same manner. The divorce of
the Participant and Designated Beneficiary does not invalidate the designation; the Participant must submit a change of
Beneficiary designation to the Fund to remove the former Spouse as a Beneficiary.
If there is no Designated Beneficiary, the Designated Beneficiary predeceases the Participant, or if the Beneficiary
dies prior to receiving the full or remaining amount of the Individual Account, distribution shall be made in a single
payment to the deceased Participant's Surviving Spouse or, if none, in equal shares to his or her surviving children or,
if none, in equal shares to his or her surviving natural parents or, if none, to his or her estate.
However, in every case, the Spouse of a married Participant will be the Participant's Beneficiary for at least
one-half (50%) of his Individual Account unless the Spouse has filed with the Trustees a notarized written rejection of
the right to be the Beneficiary.
If it is determined to the satisfaction of the Trustees that any Participant, Annuitant, or Beneficiary is unable to
care for his affairs because of mental or physical incapacity, any benefit due the Participant, Annuitant or Beneficiary,
may be paid, in the discretion of the Trustees, for the maintenance and support of the Participant, Annuitant, or Beneficiary;
or to a legal guardian, committee, or other legal representative; or, in the absence of any of them, to any relative by
blood or connection by marriage who is determined by the Trustees to be equitably entitled thereto. Any such payment will
completely discharge the Trustees' liability with respect to the benefit.
No Participant, Annuitant or Beneficiary under this Plan will have the right to assign, alienate, transfer, sell,
mortgage, encumber, pledge, or anticipate any payments. Payments will not in any way be subject to any legal process to
levy, execution upon, or attachment or garnishment proceeding for the payment of any claim against the Participant,
Annuitant, or Beneficiary. Payments will not be subject to the jurisdiction of any bankruptcy court or insolvency
proceedings by operation of law, or otherwise. However, a Participant's benefits may be reduced pursuant to a judgment,
order, decree or settlement entered into on or after August 5, 1997 where the Participant has committed a breach of
fiduciary duty against the Plan or committed a criminal act against the Plan. Payments may be made by the Fund to an
Alternate Payee of a Participant or Annuitant in accordance with the terms of a Qualified Domestic Relations Order.
The Trustees have the responsibility for interpreting and carrying out the administration of the Plan in accordance
with the Trust Agreement. The Trustees have full discretion and authority to interpret and administer the Plan and Trust
Agreement. The Board of Trustees may allocate and delegate its responsibilities to others, where they deem appropriate,
for the effective administration of the Plan as provided in the Trust Agreement.
The Trustees may amend or modify the Plan at any time in accordance with the Trust Agreement, except that no amendment
or modification may reduce any benefits which have been approved for payment prior to amendment, as long as funds are
available for payment of such benefits.
In the event of termination of the Plan, the assets then remaining, after providing for the expenses of the Plan and
for the payment of any Individual Accounts previously approved, will be distributed among the Participants. Each Participant
will receive that part of the total remaining assets in the same ratio as his Individual Account bears to the aggregate
amount of the Individual Accounts of all Participants. No part of the assets will be returned to any Employer or inure to
the benefit of any Employer or the Union. A reasonable effort will be made to contact every Participant. Those who cannot be
located, or those for whom no claim is made for payment of their Individual Account within 90 days following the sending of
notice by registered mail to the last known address, shall have their Individual Account placed in a federally insured savings
account. The names of these individuals for whom an account is established will be available for reference with the Union. An
attempt will also be made to contact any Designated Beneficiary in an attempt to locate the Participant.
In the event that any provision, section or subsection of this Plan is determined to be invalid by decision, act or
regulation of a duly constituted body or authority this will not nullify any of the other provisions, section or subsections
of the Plan.
Contributions to a Participant's Individual Account shall be adjusted or curtailed in any Plan Year, if required, to insure
compliance with Section 415 of the Internal Revenue Code.
- Annual Additions to a Participant's Individual Account during a Plan Year (which is the Limitation Year for the Plan)
after 1983 but prior to 2002 will not exceed the lesser of -
- 25% of the Participant's Compensation from Employers; or
- $30,000 or such amount as adjusted for cost of living increases as permitted by Internal Revenue Service regulations.
- For Limitation Years after 2001, Annual Additions to a Participant's Individual Account will not exceed the lesser of -
The Compensation limit referred to in (A) does not apply to any Contribution for medical benefits after separation from
service (within the meaning of Section 401(h) or Section 419A(f)(2) of the Internal Revenue Code) which is otherwise
treated as an Annual Addition.
- 100% of the Participant's Compensation within the meaning of Section 415(c)(3) of the Internal Revenue Code; or
- $40,000, as adjusted for increases in the cost of living under Section 415(d) of the Internal Revenue Code.
- In any Plan Year beginning before January 1, 2000, if a Participant is covered by a defined Contribution plan of an
Employer (or any other employer under common control with an Employer), which is qualified under Section 401(a) of the
Internal Revenue Code and which is other than a multiemployer defined Contribution plan, such plan will be aggregated with
this Plan in accordance with IRS Reg. 1.415-8(e) for purposes of determining compliance with the limitations under Section
415(c) of the Internal Revenue Code.
- In any Plan Year beginning before January 1, 2000, if a Participant is covered by a defined benefit plan of an Employer
(or any other employer under common control with an Employer), which is qualified under Section 401(a) of the Internal
Revenue Code and which is other than a multiemployer defined benefit plan, such plan will be aggregated with this Plan for
purposes of determining compliance with Section 415(e) of the Internal Revenue Code.
- For purposes of this Section, "Compensation" means the Employee's earned income for service rendered in the
course of employment with an Employer maintaining the Plan for a Plan Year determined in accordance with Section 415(c)(3)
of the Internal Revenue Code and in accordance with Treasury Regulation §1.415-2(d)(2) and (3), which is subject to
taxation under Section 3101(a) of the Internal Revenue Code without the dollar limitation therein, and any amount which
is contributed or deferred by the Employer at the election of the Employee by reason of Sections 125 or 457 of the Internal
Revenue Code. For Plan Years beginning on or after January 1, 2001, "Compensation" is as defined in Code Section
415(c)(3) as amended by the Community Renewal tax Act of 2000 and IRS Notice 2001-37. Notwithstanding anything to the
contrary, for Plan Years prior to 2002, the annual Compensation of each Participant taken into account in determining
allocations shall not exceed $150,000, as adjusted for cost of living increases in accordance with Section 401(a)(17)(B)
of the Internal Revenue Code, and for Plan Years after 2001, the annual Compensation of each Participant taken into account
in determining allocations shall not exceed $200,000, as adjusted for cost of living increases in accordance with Section
401(a)(17)(B) of the Internal Revenue Code.
- If Employer Contributions required on behalf of a Participant by a Collective Bargaining Agreement plus other additions
to a Participant's Individual Account exceed the limit set forth in Section 7.11(a), then the excess Contributions and/or
other additions will be placed in a Suspense Account. Since the Employer is contractually obligated to make the
Contributions placed in the Suspense Account, the Contributions will then be reallocated to the Participant's Individual
Account in the next Plan Year in which the Contributions made on behalf of the Participant plus other additions to the
Participant's Individual Account do not exceed the limitations in Section 7.11(a). However, if a Participant does not
have any Hours of Work in Covered Employment during a Plan Year, then all excess Contributions and/or additions made on
behalf of a Participant which have not been reallocated to the Participant's Individual Account pursuant to this Subsection,
will be reallocated to all other Participants in the Plan who have not exceeded the limitation set forth in Section 7.11(a)
for that Plan Year.
In the event of any merger or consolidation with, or transfer of assets or liabilities to any other Plan, the amount
which a Participant would receive upon a termination of the Plan immediately after such merger, consolidation or transfer
will be no less than the amount he would have been entitled to receive immediately before the merger, consolidation, or
transfer if the Plan had been terminated.
If benefits from this Fund are payable to a minor, the Trustees may pay the benefits due to the minor to the person
having present custody or care of the minor and with whom the minor resides. Such recipient on behalf of the minor must
agree in writing to apply the payments of benefits to the minor by depositing the payments in a federally insured savings
account in the sole name of the minor and by giving written notice of such deposit to the minor. Payment made in the
manner set forth in this Section will discharge the Trustees from any liability to the minor or anyone representing his
or her interests. No payment will be made under this Section to a government agency.
- Benefit payments which are required to commence in accordance with this Section will be made automatically to
Participants to whom benefits are payable by the Fund but who fail or refuse to apply for benefits. Benefits will be paid
on the Required Beginning Date, as follows:
- in a single sum if the present value of the Participant's benefit is no more than $5000; and
- in the form of a 50% Husband-and-Wife Pension calculated on the assumption that the Participant is married on the
date payments start and that the husband is three (3) years older than the wife unless the Fund has information to the
contrary concerning the marital status of the Participant which the Trustees accept as sufficient.
- A Participant's Required Beginning Date is April 1st of the calendar year following the year in which the Participant
attains age 70 ½ subject to the provisions of Section 401(a)(9) of the Internal Revenue Code and related regulations.