Defined Benefit Pension Plan Document

Important Note:
Notwithstanding any information in these Plan Document pages or embedded links, for retirements that are first in pay status on or after April 1, 2017, certain Defined Benefit Plan provisions are scheduled to change in accordance with the adoption of Alternative Schedules 1 or 2 under the Second Critical Status Rehabilitation Plan.

ARTICLE 3 - RETIREMENT DATE

This section added by: Amendment 5.

Rehabilitation Plan: Effective for Normal and Early Retirement Benefits first paid on and after April 1, 2017: Under the 2016 Rehabilitation Plan alternative schedules, neither the normal retirement dates nor the amount of normal retirement benefits has been altered but as described under the contributions section of the Rehabilitation Plan alternative schedules, off benefit monies continue to play no role in the accrual of benefits for either a normal or early retirement benefit. Under the 2016 Rehabilitation Plan, the eligibility requirements for an unsubsidized early retirement benefit are either (1) attainment of at least age 55 with at least 15,000 Covered Hours, or (2) any age with at least 37,500 Covered Hours.

(The 2016 Rehabilitation Plan notwithstanding the following, if a Plan Participant is in pay status as of April 1, 2017 based on an annuity starting date for a portion of their benefit effective prior to April 1, 2017, the entirety of their benefit accrued up to April 1, 2017 will be considered in pay status prior to April 1, 2017 for purposes of availability of subsidized Early Retirement Plan Provisions; as such Plan Provisions regarding early retirement subsidies in place prior to April 1, 2017 will apply for the remainder of the benefit accrued prior to April 1, 2017.)

Under the 2016 Rehabilitation Plan, all Default Schedule accruals are not eligible for a subsidized early retirement benefit. However, for benefits earned under the Plan's Alternative schedules, the eligibility requirements for a subsidized early retirement benefit include: Active Participant status upon attainment of at least age 56 and at least 44,500 Covered Hours. Furthermore Participants who have incurred a Grace Period must also meet the requirements of Section 4.4(c) to receive a subsidized early retirement benefit.

The amounts of unsubsidized early retirement benefits are a reduced actuarial equivalent to the Normal Retirement benefit otherwise payable to the Participant. All Default Schedule accruals and all other early retirement pensions are paid in the form of unsubsidized early actuarially equivalent retirement benefits when benefits are commenced prior to attainment of Normal Retirement Age. Accruals earned under the Default Schedule are payable as separate and distinct annuities from the remainder of accruals.

For the 1.9% benefit multiplier, for Covered Hours worked on and after April 1, 2017, the section 3.2(b) 42,500 hours requirement is removed and replaced with a 44,500 Covered Hours requirement. In other words, for this specific "Covered Hours only" based aspect of the 1.9% benefit multiplier requirement, the 1.9% benefit multiplier applies to Covered Hours worked on and after April 1, 2017, only to hours in excess of 44,500 Covered Hours.

Any conflicting provisions of this Article are maintained solely in order to identify eligibility for and amounts payable as monthly pension benefits for pensions awarded prior to April 1, 2017.


3.1 Normal Retirement. The Normal Retirement Date for a Participant shall be the first day of the month coincident with, or next following the later of:

  1. The Participant's 65th birthday, or
  2. Effective July 1, 1988, the fifth anniversary of the Employee Contribution Date.

The Normal Pension Benefit payable to a Participant shall be determined under Article 4.

3.2 Early Retirement. Any Active Participant, Inactive Participant, or Inactive Vested Participant, who has completed 10 or more years of Total Credited Service (15,000 hours), at least two (2) years of which are Credited Future Service (3,000 hours), may elect to retire and receive an Early Pension Benefit at any time after the attainment of age 55. In this event, payment of Early Pension Benefits shall commence at said Participant's Early Retirement Date, which shall be the first day of the month coincident with, or next following, the date stipulated by the Participant as his retirement date, provided he has complied with the provisions of Article 9 and the Benefit payable to said Participant shall be as determined under Section 4.4 or 4.5. However, for an Active Participant retiring prior to July 1, 1979, age 45 shall be substituted for age 55 in this Section 3.2. In no event shall the date stipulated by the Participant as his Early Retirement date be more than twelve (12) months prior to the date of the application for Early Retirement benefits. A full monthly benefit for each month of a Retroactive Annuity Starting Date Early Retirement Pension shall only be payable for a month in which the eligible Participant's entire monthly benefit is not subject to suspension pursuant to Section 9.7. For all other months an appropriate percentage of each month's benefit, up to and including one hundred percent, shall be subject to suspension pursuant to Section 9.7. EXCEPTION: If an eligible Participant is registered for employment in violation of Section 9.7(b)(2)(iii) and/or 9.7(b)(2)(viii) in the month the application is received by the Fund or in any of the three months preceding said receipt and; the eligible Participant terminates all registration prohibited by Section 9.7(b)(2)(iii) and/or 9.7(b)(2)(viii) by the close of the month in which the application is received and; the eligible Participant would otherwise be entitled to receive full monthly benefits for one or more of those four months; then, in that event, the eligible Participant shall receive monthly benefits for those four months as if Section 9.7(b)(2)(iii) and/or 9.7(b)(2)(viii) did not apply to those four months but all other applicable provisions of Section 9.7 shall apply to those four months and all applicable provisions of Section 9.7 shall apply to all other periods of monthly pension payments.

  1. Through June 30, 1996, a Participant shall be entitled to receive Early Pension Benefits prior to age 55, provided that the Participant has completed at least 25 years of Total Credited Service (37,500 hours). (1,500 hours equals one Year of Credited Future Service). If the Total Credited Service required under this Section 3.2(a) is accrued before July 1, 1996, the Participant remains eligible to receive benefits accrued through June 30, 1996 at any time prior to age 55. If the Total Credited Service requirement under this Section 3.2(a) is satisfied on or after July 1, 1996, the Participant is eligible to retire prior to age 55 upon completion of such Total Credited Service and receive benefits accrued through June 30, 1996. However, the benefit accrued on or after July 1, 1996 is deferred to age 55 (on an unreduced basis), unless the criteria of Section 3.2(b) are satisfied, in which case such benefit is payable immediately, on an unreduced basis. A Participant will only be permitted to receive an Early Pension Benefit under this Section 3.2(a) if the Participant has accrued Credited Service before June 30, 1996.

  2. Beginning July 1, 1996, a Participant shall be entitled to receive an Early Pension Benefit prior to age 55 upon completion of Total Credited Service equal to 42,500 hours, provided that the Participant has earned at least 300 hours in each of 23 Plan Years. A Participant is entitled to receive his or her entire pension immediately upon satisfying both of these criteria and otherwise complying with the application procedures set forth in Article 9. For Participants who earned Credited Service under the Plan prior to June 30, 1996, the requirement of 300 hours in each of 23 plan years is eliminated and the participant will only be required to earn 300 hours per Plan Year in the number of Plan Years (after the Plan Year ended June 30, 1996) representing the difference between 23 and the years of Total Credited Service earned by the Participant as of June 30, 1996.

  3.  
    1. For a Participant who otherwise satisfies the eligibility criteria for an Early Pension Benefit set forth in Section 3.2(a) above, accrued benefits earned after June 30, 1996 are deferred to age 55 (on an unreduced basis) for a Participant who does not satisfy the requirements of having accrued Total Credited Service equal to 42,500 hours and 300 hours per Plan Year in the number of Plan Years (after the Plan Year ended June 30, 1996) equal to the difference between 25 and the Years of Total Credited Service earned as of June 30, 1996.
    2. For a Participant retiring on or after July 1, 1998, who otherwise satisfies the eligibility criteria for an Early Retirement benefit set forth in Section 3.2(a) above, accrued benefits earned after June 30, 1996 are deferred to age 55 (on an unreduced basis) for a Participant who does not satisfy the requirements of having Total Credited Service equal to 42,500 hours and at least 300 hours per Plan Year in the number of Plan Years (after the Plan Year ended June 30, 1996) equal to the difference between 23 years and the years of Total Credited Service earned as of June 30, 1996 (but not less than zero years).
  4. If a Participant applying for an Early Pension Benefit under this Section 3.2(d) has Credited Past Service, such Credited Past Service shall for purposes of eligibility be converted into hours. Such Credited Past Service shall be calculated as follows: one-quarter year of Credited Past Service shall be the equivalent of 375 hours. Total Credited Past Service considered under this Paragraph shall not exceed 22,500 hours.
  5. Hours of Work performed in covered service by first year apprentices, both indentured and unindentured, shall be recognized for the purpose of meeting the 300-hour requirement for a Year of Service pursuant to the eligibility requirements for an Early Pension Benefit under Article 3, Section 3.2(c) of the Plan.
  6. Except as otherwise required under the Plan, a Participant's Early Pension Benefits under this Plan shall be suspended as set forth in Section 1.16 if he has worked in "Non-Covered Electrical Employment" as that term is defined in Section 1.16 since the last contributions were reported to the Trust Fund on his behalf by a contributing Employer.
  7. If a Participant who was employed in Non-Covered Electrical Employment and returns to Covered Employment and earns five (5) years of Credited Service under the Plan following his return to Covered Employment, the Participant's Early Pension Benefits shall no longer be suspendible pursuant to Section 1.16 of the Plan. However, except as otherwise required under the Plan, should the Participant earn five (5) years of Credited Service after returning to Covered Employment and subsequently work in Non-Covered Electrical Employment, the Participant shall again be subject to the suspension rules of Section 1.16 of the Plan.

3.3 Postponed Retirement. Any Active Participant, Inactive Participant or Inactive Vested Participant, may elect to postpone his retirement and to remain in the service of his Employer after his Normal Retirement Date. A Participant who reaches the Normal Retirement Date and continues working as provided in Section 9.7(c) shall be given notice, as stipulated in Section 9.7(d), of his eligibility to retire and suspension of pension benefits until retirement, in accordance with applicable regulations. Payment of Postponed Pension Benefits to said Participant shall commence at his Postponed Retirement Date, which shall be the first day of any month coincident with, or next following, the date stipulated by the Participant as his retirement date, provided he has complied with the provisions of Article 9 with respect to application for pension benefits. The Active Participant's Postponed Pension Benefit shall be as determined under Section 4.6. In no event shall the date stipulated by the Participant as his Normal Retirement date be more than twelve (12) months prior to the date of the application for Normal Retirement benefits. A retroactive effective date shall only be approved if the Participant satisfied all of the eligibility requirements of a Normal Retirement pension as of the effective date.

3.4 Pensioner. A Participant shall become a Pensioner on the effective date of his retirement pursuant to this Article 3. Each Pensioner on June 30, 1976, who was not receiving a Disability Pension, and each such Pensioner who was receiving a Disability Pension and who had attained his Normal Retirement Date, shall continue in this status and shall receive the monthly pension to which he was entitled prior to July 1, 1976. For disability benefits effective on or after July 1, 2009, a Disabled Participant shall become a Pensioner upon commencement of his Disability Benefit pursuant to Article 7.

3.5 All provisions of this Article are subject to the limitations and restrictions of Article 17 which govern benefits first commencing on and after October 28, 2009.