Defined Contribution Plan Document

ARTICLE I
DEFINITIONS

Section 1: Unless the context or subject matter otherwise requires, as determined by the Board of Trustees, the words and terms used in this Defined Contribution Plan shall have the same meaning as in the Agreement and Declaration of Trust. Any conflicts between the provisions of this Defined Contribution Plan and the Trust Agreement shall be resolved in favor of the provisions of the Trust Agreement.

Section 2: Accumulated Share. The term "Accumulated Share" as used herein shall mean the amount payable from an Individual Account as defined and described in Article III.

Section 3: Alternate Payee. The term "Alternate Payee" shall mean a payee, other than the Participant, designated pursuant to a QDRO to receive all or part of a Participant's Accumulated Share. For purposes of this Section and for purposes of Article IX, Section 7, "QDRO" means a Qualified Domestic Relations Order as defined in Internal Revenue Code Section 414(p).

Section 4: Annuitant. The term "Annuitant" as used herein shall mean an Employee who retired and who receives a benefit from the Plan.

Section 5: Beneficiary. The term "Beneficiary" as used herein shall mean a person, other than an Employee, who is receiving or entitled to receive benefits from the Plan which may be payable in the event of the death of the Participant.

Section 6: Contribution Agreement. The term "Contribution Agreement" means a written agreement as specified in the Trust Agreement, which requires payments to the Plan on behalf of Covered Employees, including collective bargaining agreements, non-bargaining unit employee participation agreements, subscription agreements, and project labor agreements requiring contributions to the Plan.

Section 7: Code. The term "Code" as used herein shall mean the Internal Revenue Code of 1986, as amended.

Section 8: Contributions. The term "Contributions" as used herein shall mean the payments made or required to be made to the Fund by an Employer pursuant to a Contribution Agreement.

Section 9: Covered Employee. The term "Covered Employee" means any Employee in Covered Employment. The term "Covered Employee" shall also include employees of Unions, sponsoring NECA Chapters or the Southern California IBEW-NECA Administrative Corporation, on whose behalf contributions are made to the Plan pursuant to regulations adopted by the Board of Trustees, provided the inclusion of said employees is not a violation of any existing regulation.

Effective July 1, 2003, the term "Covered Employee" may also include employees of an Employer not performing work under any of the collective bargaining agreements but who formerly performed services under any of the collective bargaining agreements. The Employer must notify the Trustees in advance in writing of an election to pay contributions on behalf of these collective bargaining unit alumni pursuant to this subsection and pursuant to regulations adopted by the Board of Trustees and provided further that the inclusion of said employees is not a violation of any existing law or regulation.

Participation in the Plan by non-collectively bargained employees shall be subject to a Participation Agreement duly executed by the Board of Trustees and the Employer.

Effective July 1, 2003, Employees not performing services under a collective bargaining agreement may only participate in the Plan if no more than five percent (5%) of the Covered Employees covered under the Plan are non-collective bargaining unit employees. Covered Employees who previously participated as collective bargaining unit employees and who continue participation in the Plan as collective bargaining unit alumni pursuant to this Section shall not be treated as collective bargaining unit employees for purposes of the five percent (5%) maximum but shall be considered collective bargaining unit employees to the fullest extent permissible under Internal Revenue Code Section 410, Regulations related to that Section and all related Sections and Regulations. Except as may be required by law, collective bargaining unit alumni whose participation is allowed pursuant to this Section of the Plan and other participants not performing services under the collective bargaining agreement participating pursuant to the provisions of this Section of the Plan, shall in no event accrue benefits under the Plan in a fashion more favorable than that applicable to similarly situated Employees who are performing services under the collective bargaining agreement. In no event may an Employer that wishes to pay contributions to the Plan on behalf of non-collectively bargained unit employees do so without the prior approval of the Trustees. Should an Employer pay such contributions without the prior approval of the Trustees, those contributions less any investment losses but in no event with any investment gains, shall be returned by the Trustees to the Employer. The Trustees shall not permit initial or continued participation pursuant to this Section if such participation would result in the five percent (5%) limitation of this Section being violated.

The term "Covered Employee" does not include any self-employed person, whether a sole proprietor or a partner.

Section 10: Covered Employment. The term "Covered Employment" means employment with an Employer in a position subject to a Contribution Agreement.

Section 11: Covered Hour. A Covered Hour includes each hour for which a Covered Employee is paid, or is entitled to payment, for the performance of duties, or on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated), or for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the employer. The number of Covered Hours to be credited for periods during which the Covered Employee performs no duties and the crediting of Covered Hours to specific plan years shall be determined by the Trustees in accordance with subsections (b) and (c) of Department of Labor Regulations §2530.200b-2.

Section 12: Effective Date. The Plan is to be effective on and after July 1, 1985.

Section 13: Employee. The term "Employee" means an Employee who works for an Employer.

Section 14: Employer. The term "Employer" means any employer which has agreed to be bound by the Agreement and Declaration of Trust and is obligated to make Contributions to the Plan pursuant to the terms of a Contribution Agreement. "Employer" also means any employer who does in fact make one or more contributions to the Plan or who is the employer of employees admitted pursuant to the provisions of the Trust Agreement. The term "Employer" shall also include any Union which makes contributions to the Plan on behalf of its employees provided that the inclusion of said Union(s) is not a violation of any existing law or regulation. The term Employer shall also include any of the employers who make contributions to the Plan on behalf of
their employees pursuant to regulations adopted by the Board of Trustees.

An employer shall not be deemed a Contributing Employer simply because it is part of a controlled group of corporations (within the meaning of Section 1563(a) of the Internal Revenue Code, determined without regard to Section 1563(a)(4) and (e)(3)(C), or of a trade or business under common control within the meaning of Section 414(c) of the Internal Revenue Code), some other part of which is a Contributing Employer.

For purposes of identifying Highly Compensated Employees and applying the rules on participation, vesting and statutory limits on benefits under the Plan but not for determining Covered Employment, the term "Employer" includes all members of an affiliated service group with the Employer within the meaning of Internal Revenue
Code Section 414(m) and all other businesses aggregated with the Employer under Internal Revenue Code Section 414(b).

Section 15: Plan. The term "Plan" means the Southern California IBEW-NECA Defined Contribution Plan. The Plan is established as a separate Plan under the Agreement and Declaration of Trust of the Southern California IBEW-NECA Pension Trust Fund. The term "Plan" as used herein shall also mean the rules and regulations set forth herein, as they may be amended from time to time.

Section 16: Individual Account. The term "Individual Account" as used herein shall mean the account established for each Employee, pursuant to Article III of the Plan.

Section 17: Market Value. The term "Market Value" as used herein shall mean the value of the assets which takes into account fair market value.

Section 18: Electrical Construction Contracting Industry. "Electrical Construction Contracting Industry" includes all employers who pay contributions to the Plan pursuant to the terms of a collective bargaining agreement and all employers performing comparable work who are not bound to collective bargaining agreements requiring contributions to the Plan. For the period September 1, 2010 through December 31, 2011 the Electrical Construction Contracting Industry shall not include the United States Department of Defense. On and after January 1, 2012 the preceding sentence and this sentence shall have no further effect and shall for all purposes be viewed as having been deleted from the Plan for all distributions on and after January 1, 2012.

Section 19: Participant. The term "Participant" as used herein shall mean any Covered Employee or former Covered Employee who is or may become eligible to receive a benefit under this Plan. Covered Employees become Participants on meeting the requirements of Article II.

Section 20: Pension Plan. The term "Pension Plan" as used herein shall mean the Southern California IBEW-NECA Pension Plan (Defined Benefit Plan).

Section 21: Plan Year. The term "Plan Year" as used herein shall mean the twelve month period from July 1 through June 30.

Section 22: Retires. The term "Retires" or "Retired" or "Retirement" shall mean the complete withdrawal by an Employee from any employment or self-employment in the Electrical Construction Contracting Industry which is within the geographical jurisdiction of the Plan and regardless of whether a collective bargaining agreement actually exists with respect to the employment or self-employment involved.

Section 23: Valuation Date. For periods prior to April 1, 2008, the term "Valuation Date" as used herein means the last day of each calendar quarter during the Plan Year. For periods on and after April 1, 2008, the Plan utilizes a daily valuation system for Individual Accounts, which requires that the next asset value of each Individual Account be valued on a daily basis.

Section 24: Highly Compensated Employee. "Highly Compensated Employee" means each Highly Compensated Active Employee and Highly Compensated Former Employee of an Employer. Whether an individual is a Highly Compensated Employee is determined separately with respect to each Employer, based solely on the individual's compensation from or status with respect to that Employer. A Highly Compensated Active Employee is an Employee of the Employer who performs service for the Employer during the determination year and who:

  1. for the preceding calendar year received Compensation from the Employer in excess of $105,000 (as adjusted pursuant to IRC Section 415(d)), was a member of the top-paid group of Employees of such Employer for such preceding calendar year and is not otherwise excluded pursuant to IRC Section 414(q)(8) by virtue of his or her inclusion in the bargaining unit of employees covered by a collective bargaining agreement. For this purpose, the top-paid group of Employees shall consist of the top twenty percent (20%) of the Employees when ranked
    on the basis of Compensation paid during such year; or
  2. was a five percent (5%) owner at any time during the calendar year or preceding calendar year.

The determination of who is a Highly Compensated Employee, including the determination of the number and identity of Employees in the top-paid group, the top one hundred (100) Employees, and the number of Employees treated as officers and the Compensation that is considered, will be made in accordance with IRC Section 414(q) and the regulations thereunder. No Employee who is a collective bargaining unit alumni, who is included in a collective bargaining unit under, or whose Compensation is governed by the collective bargaining agreements shall be considered a Highly Compensated Employee and, pursuant to IRC Section 414(q)(8), no such Employee shall be taken into account in determining the number of employees in the top-paid group.

Section 25: Compensation Shall Include All Compensation. Effective January 1, 1998, compensation shall include any elective deferral as defined in Section 402(g)(3) and any amount which is contributed or deferred by the employer at the election of the employee and which is not includible in gross income of the employee by reason of section 125, 132 (f)(4) or 457.

Section 26: Spouse. "Spouse" means a person to whom a Participant is legally married.

Section 27: Plan Administrator. The Plan Administrator is the Board of Trustees of the Southern California IBEW-NECA Pension Trust Fund, except as follows: New York Life Retirement Plan Services is the Plan Administrator for purposes of daily account valuation, loan program administration, distribution processing and QDRO implementation.