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 4 - NORMAL PENSION BENEFIT

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.


4.1 The Normal Pension Benefit to which a Participant shall be entitled under the Plan shall be a monthly pension on the Normal Form of Pension described in Section 5.2. A Participant shall be eligible to receive the first monthly payment of his Normal Pension Benefit on his Normal Retirement Date, if he is then living and if he has elected to receive this form of pension pursuant to Section 5.4.

4.2 Normal Pension. Subject to Section 4.2(d) (relating to freezing of benefits on completion of a Grace Period), Section 4.8 (relating to modification of benefits on the withdrawal of an Employer or insufficiency of contributions) and Section 4.9 (relating to limitations imposed by Section 415 of the Internal Revenue Code), the amount of monthly Normal Pension credited to any Participant retiring after December 31, 1989 shall be equal to the sum of (a), (b) and (c) as follows:

  1. The applicable Future Service Unit shown in the Benefit Schedule of this Section 4.2 multiplied by the number of years and fractions of years of the Participant's Credited Future Service earned prior to July 1, 1982, excluding any service forfeited under Section 2.1(c) or under the Plan prior to July 1, 1976.

  2. The sum of:

    1. the amount of Employer Contributions paid on behalf of the Participant since the period commencing the later of (i) July 1, 1982 or (ii) the Participant's most recent Employee Contribution Date, multiplied by 0.0225 (2.25%) and ending June 30, 1987, and

    2. the amount of Employer Contributions paid on behalf of the Participant since the later of (iii) July 1, 1987 or (iv) the Participant's most recent Employee Contribution Date, multiplied by 0.025 (2.5%) and ending June 30, 1996, and

    3. the amount of Employer Contributions paid on behalf of the Participant since the later of (v) July 1, 1996 or, (vi) the Participant's most recent Employee Contribution Date, multiplied by 0.0225 (2.25%) and ending June 30, 1999, and

    4. the amount of Employer Contributions paid on behalf of the Participant since the later of (vii) July 1, 1999 or, (viii) the Participant's most recent Employee Contribution Date, multiplied by 0.025 (2.5%) and ending December 31, 2003, and

    5. This section modified by: Amendment 5. View Previous Language.
      the amount of Employer Contributions paid on behalf of the Participant since the later of (ix) January 1, 2004 or, (x) the Participant's most recent Employee Contribution Date, multiplied by .0145 (1.45%), or .019 (1.9%) times those Employer Contributions paid on behalf of the Participant on and after the first of the month coincident with or next following the Participant's entitlement to receive an Early Pension Benefit pursuant to the first paragraph of Section 3.2 or, only for accruals prior to April 1, 2017, pursuant to Section 3.2(b) if earlier or, for accruals earned on or after April 1, 2017 once the Participant attains 44,500 Covered Hours if earlier or on and after the first of the month coincident with or next following the Participant's entitlement to receive a Normal Retirement pursuant to Section 3.1 of the Plan.


      For purposes of determining the amount of Normal Pension, Employer Contributions will include those contributions properly required to be made to the Fund on the Participant's behalf, pursuant to a Contribution Agreement, even though such contributions may not have been paid to the Fund due to the Employer's delinquency.

      Effective on and after July 1, 2010, notwithstanding the terms of Article 17, a Participant who is under age 55 and would otherwise have met the requirements of Section 3.2(b) for an Early Retirement Pension, shall be deemed to have met such requirements for purposes of the application of this sub-paragraph.

  3. $6.00 multiplied by the number of years and fractions of years of Credited Past Service provided said service has not been forfeited under Section 2.1(c) or under the Plan prior to July 1, 1976.

  4.  
    1. Upon completion of a Grace Period, a Participant's monthly Normal Pension shall be calculated as of the Participant's last Covered Hour.
    2. In no event may that portion of a Participant's monthly Normal Pension accrued as a result of Credited Past or Future Service rendered prior to completion of a Grace Period exceed the amount calculated under (1) above.
  5. In no event shall a Participant's Normal Pension be less than his Normal Pension determined as of any previous date on which he was eligible to retire.

For any Pensioner who retired prior to January 1, 1990, or for any Participant whose last Covered Hour occurred prior to July 1, 1976, the Normal Pension will be determined based on Plan provisions in effect prior to January 1, 1990.

BENEFIT UNIT BASED ON LAST COVERED HOUR PRIOR TO RETIREMENT
(2.25% OF EMPLOYER CONTRIBUTIONS BEGINNING 7/1/82)
LOCAL1 BENEFIT UNIT LAST DATE WORKED2
11 $30.503 07/01/64 - 06/30/76
$30.60 07/01/76 - 11/30/76
$34.35 12/01/76 - 05/31/78
$37.15 06/01/78 - 05/31/79
$40.45 06/01/79 - 05/31/80
$49.45 06/01/80 - 01/14/824
$55.95 01/15/82 - 06/30/825
440 $25.00 01/01/71 - 05/31/77
$30.25 06/01/77 - 11/30/78
$35.05 12/01/78 - 11/30/79
$37.85 12/01/79 - 05/31/80
$40.45 06/01/80 - 11/30/80
$43.05 12/01/80 - 06/30/82
441 $13.25 03/01/71 - 09/30/72
$25.00 10/01/72 - 06/30/82
447 $13.25 07/01/71 - 09/30/72
$25.00 10/01/72 - 01/31/79
$29.60 02/01/79 - 12/31/79
477 $13.25 03/01/67 - 09/30/72
$25.00 10/01/72 - 05/31/75
$29.40 06/01/75 - 11/30/76
$30.25 12/01/76 - 05/31/77
$35.05 06/01/77 - 11/30/77
$36.45 12/01/77 - 05/31/78
$40.45 06/01/78 - 11/30/78
$42.40 12/01/78 - 05/31/79
$46.95 06/01/79 - 11/30/79
$48.25 12/01/79 - 05/31/80
$50.05 06/01/80 - 10/31/81
$52.05 11/01/81 - 06/30/82

1 Refers to Local Union representing Participant for preponderance of Covered Hours earned prior to 7/1/82. For a Participant with-preponderance of hours under Local 11, the Benefit Units for any service on or after 6/1/80 will be determined by the Local in whose jurisdiction the hours were worked.

2 Benefit Unit per 1500 hours determined by period in which last Covered Hour worked, except as noted in (4) and (5) below. If last date worked is after 6/30/82, then Benefit Unit for 6/30/82 will be used for all hours worked up to that date. Beginning 7/1/82, benefit amount of 2.25% of Employer contributions.

3 Applicable only to Participants who had not retired as of 9/1/75.

4 $49.45 rate used only for hours worked 6/1/80-1/14/82. Hours through 5/31/80 use Benefit Unit based on last hour worked through 5/31/80 -- if service is continuous, all hours through 5/31/80 would use $40.45 Benefit Unit.

5 $55.95 rate used only for hours worked 1/15/82-6/30/82. See (4) above for Benefit Unit on hours prior to 1/15/82.


4.3 Normal Pension Benefit. The monthly Normal Pension Benefit payable to an Active Participant at his Normal Retirement Date shall be fully vested as of and equal to the amount of monthly Normal Pension credited to the Participant at his Normal Retirement Date. The monthly Normal Pension Benefit payable to an Inactive Vested Participant or an Inactive Participant at his Normal Retirement Date shall be equal to the amount of monthly Normal Pension credited to the Participant up to the date of his leaving Covered Employment.

4.4 Early Pension Benefit for Active Participants. Early Pension Benefits for most Active Participants are described in Section 4.4(a); however, for those Active Participants retiring prior to July 1, 1979, Early Pension Benefits may be reduced as described in Section 4.4(b). Also, for Active Participants who have previously completed a Grace Period, the Early Pension Benefits described in Sections 4.4(a) and 4.4(b) may be modified as described in Section 4.4(c).

  1. Except as described in Section 4.4(c), relating to Active Participants who have previously completed a Grace Period, the Early Pension Benefit payable at the Early Retirement Date for an Active Participant retiring on or after July 1, 1979, will be equal to the amount of monthly Normal Pension credited to the Active Participant at his Early Retirement Date.

  2. Except as described in Section 4.4(c), relating to Active Participants who have previously completed a Grace Period, the Early Pension Benefit payable at the Early Retirement Date for an Active Participant retiring prior to July 1, 1979, will be equal to the amount of monthly Normal Pension credited to the Active Participant at his Early Retirement Date, reduced by 0.4% per month for each month by which his Early Retirement Date precedes the earlier of (1) the Participant's 55th birthday or (2) the date the Participant would have completed 25 years of Total Credited Service had he continued to earn Credited Future Service at the rate of one Future Service Credit each year.

  3. If, at the completion of a Grace Period, an Active Participant is not eligible to retire early, then any subsequent Early Pension Benefit payable with respect to service completed prior to the Grace Period will be reduced by 0.4% per month for each month by which his actual Early Retirement Date precedes his Normal Retirement Date. Early Pension Benefits attributable to service completed prior to the completion of the Grace Period will be computed as described above irrespective of whether the Participant has returned to Covered Employment and again become an Active Participant.

    However, for Active Participants commencing Early Retirement on or after April 25, 1995, the Grace Period or Periods will be waived and Early Pension benefits will not be reduced by the 0.4% per month as set forth above, if the following conditions are met: (A) if a Participant completes no more than two (2) Grace Periods, and if during the Grace Period or Periods the total number of Plan Years in which the Participant fails to earn at least 375 Covered Hours does not exceed a combined total of five (5) Plan Years; and (B) if combining all of the Participant's Credited Service, both prior to and following the Grace Period(s), the Participant completes at least 25 years of Total Credited Service prior to Early Retirement, then the Grace Period or Periods will be waived.

    1. However, for any Active Participant who has completed a Grace Period, and the loss of hours during the Grace Period was caused solely as a result of the Active Participant sustaining a factually demonstrable disability, his Early Pension Benefit shall not be reduced by the 0.4% per month as set forth above in Section 4.4(c).

  4. If an Active Participant was eligible to retire on June 30, 1979, then his Early Pension Benefit payable on his retirement date after June 30, 1979, shall not be less than the pension he would have received had he retired on June 30, 1979.

    For an Active Participant participating in the Plan who ceases to be a Covered Employee as a result of having become a signatory contractor to a Collective Bargaining Agreement with any IBEW Local Union sponsoring this Plan, the Grace Period shall be waived and Early Pension Benefits will not be reduced as set forth above while he remains signatory to the Collective Bargaining Agreement.

4.5 Early Pension Benefit for an Inactive Vested Participant or Inactive Participant.

  1. For any Inactive Vested Participant or Inactive Participant who completed his most recent Grace Period before becoming eligible to retire, the amount of monthly Early Pension Benefit payable at his Early Retirement Date shall be the amount of monthly pension benefit credited to such Inactive Vested Participant or Inactive Participant under Section 4.3, reduced by 0.4% per month for each month by which his Early Retirement Date precedes his Normal Retirement Date.

  2. Subject to Section 4.5(c), relating to Participants who have completed previous Grace Periods, for any Inactive Vested Participant or Inactive Participant who completed his most recent Grace Period after becoming eligible to retire (or on the date he becomes eligible to retire) the amount of monthly Early Pension Benefit payable at his Early Retirement Date shall be the amount of monthly pension benefit credited to such Inactive Vested Participant or Inactive Participant under Section 4.3, reduced as described in Section 4.4 for an Active Participant.

  3. If, at the completion of a Grace Period, the Participant is not eligible to retire early, then any subsequent Early Pension Benefit payable with respect to service completed prior to the Grace Period will be reduced by 0.4% per month by which his actual Early Retirement Date precedes his Normal Retirement Date. Early Pension Benefits attributable to service completed prior to completion of the Grace Period will be computed as described above irrespective of whether the Participant has returned to Covered Employment and again become an Active Participant.

  4. If a Participant was eligible to retire on June 30, 1979, then his pension benefit payable on his retirement date after June 30, 1979, shall not be less than the pension he would have received had he retired on June 30, 1979.

4.6 Postponed Pension Benefit. The monthly Postponed Pension Benefit payable to a Participant at his Postponed Retirement Date shall be equal to the amount of monthly Normal Pension credited to the Participant up to his Postponed Retirement Date provided that the Participant is working in suspendible employment after the Normal Retirement Date [as defined in Section 9.7(c)], is eligible for a Postponed Retirement Benefit and received the notice referred to in Section 3.3. If all of the preceding conditions are not met, then the Postponed Retirement Benefit Date shall be the greater of (a) and (b):

  1. the greater of:
    1. The Normal Retirement Benefit as of his Normal Retirement Date, increased 0.8% per month for each month that his Postponed Retirement Date follows his Normal Retirement Date, and
    2. The benefit determined as of his Postponed Retirement Date which is the Actuarial Equivalent of his Normal Retirement Benefit as of his Normal Retirement Date.
  2. the Normal Retirement Benefit determined as of his Postponed Retirement Date.

4.7 Accrued Benefit For a Participant Ineligible to Retire. If, for purposes of providing Participants with benefit information required by Federal law and regulations, or for any other purpose, it becomes necessary to determine an accrued benefit as of a given date for a Participant ineligible to retire, his accrued benefit as of such date will be equal to the monthly Normal Pension credited to the Participant as of such date.

4.8 Modifications.

  1. Notwithstanding any provision of the Plan to the contrary, if a Participant ceases to be credited with Covered Hours because the Contribution Agreement requiring his Employer to contribute on his behalf is not renewed, his Normal Pension shall be equal to the sum of (1), (2) and (3) as follows:

    1. the product of (A) and (B) where (A) is the number of years and fractions of years of Credited Future Service excluding any service forfeited under Section 2.1 (c) or forfeited under the Plan prior to July 1, 1976, or earned subsequent to June 30, 1982, and (B) is the Future Service Unit shown in the Benefit Schedule of Section 4.2 applicable on the effective date of termination of the Contribution Agreement determined as if the Participant had retired on the effective date of termination of the Contribution Agreement.

    2. the amount determined under Section 4.2(b)(1) or 4.2(b)(2), whichever is applicable.

    3. the Past Service benefit to which the Participant would be entitled on account of Credited Past Service, excluding any benefit attributable to Credited Past Service earned with the withdrawing Employer.

  2. Commencing July 1, 1977, if a Participant's Employer is a member of an Employer group that does not make contributions at a rate sufficient to fund benefits pursuant to recommendations of the actuary, such Participant's benefits will be reduced under rules to be adopted by the Board of Trustees.

4.9 Limitations. In no event will benefits provided by the Plan exceed the limitations imposed by §415 of the Internal Revenue Code.

A Participant's benefits or contributions provided under other qualified plans of an Employer may be required to be considered with this Plan in determining whether §415 of the Internal Revenue Code the limits have been exceeded. If the benefits provided by this Plan and such other qualified plans would exceed the limits imposed by §415 of the Internal Revenue Code, then benefits under the Plan will be reduced, so that, together with any reduction imposed by such other plans, the excess will be eliminated.

4.10 Directed Rollovers. Effective January 1, 1993, notwithstanding any provision of this Plan to the contrary that would otherwise limit a Distributee's election under this Plan, a Distributee may elect, at the time and in the manner prescribed 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. For these purposes, the following definitions apply:

  1. An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit 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 10 years or more; any distribution to the extent that distribution is required under §401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includible in gross income.

  2. An Eligible Retirement Plan is an individual retirement account described in §408(a) of the Internal Revenue Code, an individual retirement annuity described in §408(b) of the Internal Revenue Code, an annuity plan described in §403(a) of the Internal Revenue Code, or a qualified trust described in §401(a) of the Internal Revenue Code, that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity. For Distributions made on or after July 1, 2008, an Eligible Retirement Plan shall also include a Roth IRA as defined in section 408(a) of the Code.

  3. A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in §414(p) of the Internal Revenue Code, are Distributee's with regard to the interest of the spouse or former spouse. Effective January 1, 2010, a non spouse beneficiary may receive a distribution in the form of a direct transfer to a Section 408(a) individual retirement account or a Section 408(b) individual retirement annuity but only to the extent permitted by all applicable provisions of the Code and all related regulations.

  4. A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

4.11 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.