Defined Contribution Plan Document

ARTICLE VI
PAYMENT OF INDIVIDUAL ACCOUNTS ON TERMINATION OF EMPLOYMENT PRIOR TO RETIREMENT

Section 1: Eligibility.

A Participant who severs all employment with all Contributing Employers through the date of distribution of his or her Individual Account prior to his Normal or Early Retirement Date will be eligible for a distribution of his Individual Account after June 30, 1990 upon the latter of the following:

  1. Twelve consecutive months after the Participant's most recent Covered Hour, including any hours worked under the six county geographic jurisdiction of the Southern California IBEW-NECA Pension Plan (Defined Benefit Plan) or the Southern California IBEW-NECA Defined Contribution Plan, and provided further that the Participant must both apply for and actually receive his benefit prior to his return to any employment with any contributing Employer through the date of distribution of his or her Individual Account; or

  2. At least twelve (12) consecutive months after the Participant's most recent hour of Non-Covered Electrical Employment. 'Non-Covered Electrical Employment' means work in the Electrical Construction Contracting Industry in the six county geographic jurisdiction that is covered by the Plan (Los Angeles County, Orange County, San Bernardino County, Riverside County, Mono County and Inyo County). Work performed on and after April 1, 2007 under a duly executed Salting Agreement between the Participant and a sponsoring IBEW Local Union to this Plan or any other IBEW Local Union shall not be considered Non-Covered Electrical Employment as described above; or

  3. For Participants who do not meet the eligibility requirements for a distribution due to retirement, disability, or termination of employment prior to retirement as defined in Sections (a) and (b), above, the Participant must be eligible for and receive a pension (I.O. Pension) from the IBEW or NEBF to obtain a distribution under this Plan. However, any distribution made prior to the attainment of age 65 shall require that the Participant has severed all employment with Contributing Employers through the date of distribution of his or her Individual Account.

  4. Notwithstanding subdivisions (a) thru (c) above if the Participant severs all employment with Contributing Employers, has no outstanding loan balance and his individual account balance is valued at the time of application at $3,000.00 or less the Participant will be entitled to receive a distribution of his account balance upon the filing of the required application and submission of all other required documents. For a distribution pursuant to this subdivision the Participant must both apply for and actually receive his benefit prior to return to any employment with a Contributing Employer.

    For applications for distributions received by the Fund Office or NYLIM on or after December 1, 2013, notwithstanding subdivisions (a) thru (c) above, if the Participant severs all employment with Contributing Employers, and his individual account balance is valued at the time of application at $7,500.00 or less, the Participant will be entitled to receive a distribution of his account balance upon the filing of the required application and submission of all other required documents. For a distribution pursuant to this subdivision the Participant must both apply for and actually receive his benefit prior to return to any employment with a Contributing Employer.

  5. Contributions received by this Plan via reciprocity are not considered Covered Hours for purposes of application of the provisions of this Section.

  6. A participant who continues employment with a Contributing Employer outside of the six county jurisdiction of the Plan has not severed all employment with contributing Employers as required by Section 1 of this Article.

  7. This section modified by: Amendment 11. View Previous Language.
    Notwithstanding other provisions of the Plan to the contrary, with respect to applications for distribution of benefits due to termination of employment received by the Fund Office on or after December 1, 2010, if the participant has severed all employment with all contributing Employers to the Plan, has worked less than 500 Covered Hours in the twelve month period prior to the date of distribution, has not engaged in any Non-Covered Electrical Employment in the twelve month period prior to the date of distribution, and has applied for and actually received his benefit prior to returning to employment with any contributing Employer, the participant will be entitled to a distribution of his or her Individual Account.

All other terms and conditions of the Plan shall remain in full force and effect.