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 9 - ADMINISTRATION OF THE PLAN

9.1 The Trustees shall be the named fiduciaries for, and, as such, shall administer the Plan according to the powers and duties granted them in accordance with the Trust Agreement.

9.2 No Covered Employee shall be permitted to make any contributions to the Fund. The sole source of contributions to the Fund shall be Employer Contributions made in accordance with the applicable Contribution Agreement.

9.3 All applications for benefits under this Plan, whether on account of retirement, disability or death, and all elections and designations made by Participants or beneficiaries under this Plan shall be made in writing to the Trustees in the form and manner prescribed by the Trustees. The Plan Administrator will notify the participant when a benefit under the Plan is requested. Such notification shall include a general description of the material features, and an explanation of the relative values of, the optional forms of benefit available under the plan in a manner that would satisfy the notice requirements of IRC 417(a)(3) and Treas. Reg. 1.417(a)(3)-1. Any misrepresentation by the applicant shall constitute grounds for the denial, suspension or discontinuance of benefits, in whole or in part, for such applicant, or for the cancellation or recovery of benefit payment made in reliance thereon.

9.4 The Trustees shall have the right to require submission of all necessary information before any benefit is paid, including records of employment; proofs of date of birth, disability or death; and evidence of existence, marriage and dissolution of marriage. No benefit dependent in any way upon such information shall be payable unless and until the information so required has been furnished. Upon receipt of such information, the Trustees shall determine the eligibility of the applicant for such benefit, and shall notify the applicant of their determination and the amount of any benefit payable.

9.5 No benefit payments will be made under the Plan until an application is made therefore to the Trustees as provided in Section 9.3 and all information required by Section 9.4 has been submitted.

9.6 No Participant, Annuitant, Beneficiary or other person shall have any right or claim to benefits under this Plan, other than as specified in this Plan. If any person shall have a dispute with the Trustees as to eligibility, type, amount, or duration of such benefits, the dispute shall be resolved solely by the Trustees under and pursuant to this Plan, who shall have the power to construe in their sole discretion the provisions of the Plan and their decision shall be final and binding upon all parties thereto, subject to applicable federal law. The Trustees shall also have the authority to make findings of fact in any claim presented to the Board of Trustees and shall be the sole and exclusive judge of the credibility of any witness providing testimony or written statements for consideration by the Board of Trustees.

  1. Any person whose application for benefits under the Plan has been denied in whole or in part, or whose claim to benefits or against the Fund is otherwise denied, shall be notified in writing of such denial within 90 days (or 45 days for Partial Disability Pensions only) after receipt of such application or claim. An extension of time not exceeding 90 days (or 30 days for Partial Disability Pensions only) may be required by special circumstances; if so, notice of such extension, indicating what special circumstances exist therefore and the date by which a final decision is expected to be rendered, shall be furnished the claimant prior to the expiration of the initial 90-day (or 45 days for Partial Disability Pensions only) period. For Partial Disability Pensions only, the time limited may be extended for up to another 30 days (for a total of 105 days). The notice of denial shall set forth in a manner calculated to be understood by the claimant,
    1. the specific reason or reasons for the denial;
    2. specific reference to pertinent Plan provisions on which the denial is based;
    3. a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary;
    4. appropriate information as to the steps to be taken if the claimant wishes to submit his or her claim for review; and
    5. a description of the Plan's review procedures and the time limits applicable to such procedures, including a statement of the claimant's right to bring a civil action under ERISA Section 502(a) following exhaustion of the Plan's appeal procedures.
  2. Any such person may petition the Trustees for a review of the denial. A petition for review shall be in writing, shall state in clear and concise terms the reason or reasons for disputing the denial, shall be accompanied by any pertinent documentary material not already furnished to the Trustees, and shall be filed by the petitioner or his duly authorized representative with the Trustees within 60 days (or 180 days for Partial Disability Pensions only) after the petitioner received notice of the denial. The petitioner or his duly authorized representatives shall be permitted to review pertinent documents and submit issues and comments in writing.
  3. Upon good cause shown, the Trustees shall permit the petition to be amended or supplemented and shall grant a hearing on the petition before a hearing panel to receive and hear any evidence or argument which cannot be presented satisfactorily by correspondence. The failure to file a petition for review within such 60-day period (or 180 days for Partial Disability Pensions only) or the failure to appear and participate in any such hearing, shall constitute a waiver of the claimant's right to review of the denial, provided that the Trustees may relieve a claimant of any such waiver for good cause if application for such relief is made within one year after the date shown on the notice of denial.
  4. A decision shall be rendered upon appeal at the Board of Trustees' Meeting that immediately follows the Plan's receipt of a request for review, unless the request is made within 30 days of the Board of Trustees' Meeting. In such case, the Board may make a benefit determination on appeal at the second meeting following the Trust's receipt of the request for review. However, if special circumstances require an extension of time for processing, the decision shall be rendered not later than the third meeting following receipt of the request. Whenever special circumstances require an extension of time for processing, written notice of the extension shall be furnished to the claimant before the extension period begins.

    The Board of Trustees will notify the claimant of the benefit determination as soon as possible after the meeting, but not later than 5 days after the benefit determination is made. The petitioner shall be advised of the Trustees' decision in writing. The decision shall include specific reasons for the decision, written in a manner calculated to be understood by the petitioner and specific references to the pertinent Plan provisions on which the decision is based. A statement that the claimant is entitled to receive upon request and free of charge reasonable access to, and copies of all documents, records and other information relevant to the claimant's claim for benefits, and a statement of the claimant's right to bring a civil action under ERISA Section 502(a).
  5. The decision of the Trustees with respect to a claim or petition for reconsideration shall be final and binding upon all parties, including the petitioner and any person claiming under the petitioner. The provisions of this section shall apply to and include any and every claim to benefits from the Fund, and any claim or right asserted under this Plan or against the Fund, regardless of when the act or omission upon which the claim is based occurred.

9.7 Suspension of Benefits on Re-employment of a Pensioner.

  1. Suspendible Employment:
    1. Definition of Suspendible Employment–Prior to Attainment of Normal Retirement Age.

      Prior to attainment of Normal Retirement Age, except as otherwise provided in Section 9.7(a)(3), a Pensioner must refrain from any Suspendible Employment, which is defined as:
      1. work as an employee, employer, consultant, sole proprietor, or independent contractor in the jurisdiction of any Union whose members are Participants in this Plan or in the jurisdiction of any other Local Union of the IBEW that maintains a Related Plan;
      2. in work of the type performed by Participants of the Plan on the Pensioner's effective date of retirement; and
      3. which requires directly or indirectly the use of the same skills performed by Participants of the Plan on the Pensioner's effective date of retirement.
    2. Definition of Suspendible Employment–After Attainment of Normal Retirement Age.

      After attainment of Normal Retirement Age, except as otherwise provided in Section 9.7(a)(3), a Pensioner must refrain from working forty (40) or more hours in any calendar month in Suspendible Employment, which is defined as:
      1. work as an employee, employer, consultant, sole proprietor or independent consultant in the geographic jurisdiction of the Plan, which is defined under applicable Regulations as the State of California;
      2. in work of the type performed by Participants of the Plan on the Pensioner's effective date of retirement; and
      3. which requires directly or indirectly the use of the same skills performed by Participants of the Plan on the Pensioner's effective date of retirement.
    3. Permissible Employment After Commencement of Early and Normal Pension Benefits.

      Unless otherwise prohibited in this Plan, the following is a list of types and locations of employment that a Pensioner can perform which will not be deemed to be Suspendible Employment and will permit Pensioners to continue to receive Early and Normal Pension Benefits under the Plan. Prior written notice of such employment should be provided to the Trustees:
      1. Electrical Inspector, except as set forth in Section 9.7(b)(2)(vii) and 9.7(c)(1)(ii);
      2. This section modified by: Amendment 2. View Previous Language.
        Instruction or training in the field of electrical work if the Pensioner is employed by an IBEW-NECA sponsored training program or any administrative corporation providing services to such training program, subject to the limitations of Section 9.7(b)(2) (xvii) and 9.7(c)(1)(x), below.
      3. Employment by an AFL-CIO-sponsored Council at the local, state or national level;
      4. Employment by the IBEW International Office, employment by the National Office of the National Electrical Contractors Association ("NECA") or employment with any IBEW or NECA affiliated entities;
      5. Employment as a salesperson at an electrical wholesale or manufacturing facility;
      6. Employment by Johnson Controls as an Estimator (not job-site based and not involved in the hiring and firing of electricians) from July 1, 2004 through January 31, 2006. During this limited period, such employment will not be deemed to be Suspendible Employment or Non-Covered Electrical Employment;
      7. Effective May 1, 2006, Employment with the State of California Department of Apprenticeship Standards;
      8. Effective July 1, 2006, notwithstanding any provision of the Plan to the contrary, a Pensioner who is serving as an Examining Officer of the Examining Board of an IBEW Local Union shall not have his benefits suspended for any month in which the only suspendible activity engaged in by the Pensioner is serving as an Examining Officer of the Examining Board of an IBEW Local Union; and
      9. Effective September 1, 2008 through October 31, 2013, not withstanding any provision of the Plan to the contrary, a Pensioner may work for a Prevailing Wage Compliance firm so long as the only clients of the firm are Public Agencies and/or Local Unions.
  2. Suspension of Benefits Prior to Normal Retirement Age.
    1. Prior to attainment of Normal Retirement Age, a Pensioner performing work in any month prohibited by Section 9.7(a)(1) and not described in Section 9.7(a)(3) shall have their monthly pension benefit suspended to the extent permitted by Revenue Procedure 2005-23. In addition, a Pensioner performing certain activities specified in Section 9.7(b)(2) prior to attainment of Normal Retirement Age shall have some or all of their monthly pension benefit suspended to the extent permitted by Revenue Procedure 2005-23.
    2. In accordance with Revenue Procedure 2005-23, effective June 1, 2004, benefits payable prior to Normal Retirement Age shall be suspended in accordance with the following provisions:
      1. Only benefits accrued on or after July 1, 1986 shall be suspended for any month in which a Pensioner holds a C-10 Electrical Contracting License and only benefits accrued on or after March 1, 1995 shall be suspended for any month in which a Pensioner holds any other form of Electrical Contracting License, including but not limited to a C-7 License.
      2. only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner holds (other than a C-7 or C-10 License) any other license (including but not limited to a B license) that permits electrical work to be conducted;
      3. only benefits accrued on or after July 1, 1986 shall be suspended for any month in which a Pensioner registers or remains registered for employment at any hiring hall in the electrical construction contracting industry, except registration for and/or work off of an IBEW Maintenance Dispatch list;
      4. only benefits accrued on or after March 1, 1995 shall be suspended for any month in which a Pensioner registers, remains registered for employment at any hiring hall for work off of an IBEW Maintenance Dispatch List, or works in maintenance as a result of being dispatched if working off of such list would result in pension contributions made on the Pensioner's behalf to an IBEW sponsored pension plan (except the NEBF);
      5. only benefits accrued on or after July 1, 1986 shall be suspended for any month in which a Pensioner actively seeks employment in the electrical construction contracting industry by means other than the union hiring hall;
      6. only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner is employed as an estimator, project manager, or similar position for an electrical contractor or other firm or business performing such services, if that electrical contractor or firm is signatory to a collective bargaining agreement with an IBEW Local Union. Such work for an electrical contractor or firm which is not signatory to a collective bargaining agreement with an IBEW Local Union is prohibited for all periods of benefit accrual;
      7. only benefits accrued on or after December 1, 2004 shall be suspended for any month in which a Pensioner works as an Inspector under a collective bargaining agreement requiring contributions to the Plan;
      8. except as otherwise provided herein, only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner registers, remains registered for employment at any hiring hall for work off of an IBEW Maintenance Dispatch List if working off of such list would not result in pension contributions made on the Pensioner's behalf to an IBEW-sponsored pension plan or for any month in which a Pensioner performs electrical maintenance which is defined as follows, if such work does not require contributions to this Plan or any Related Plan (excluding NEBF):

        Maintenance is defined as routine, recurring and usual work for the preservation, protection and keeping of any facility for its intended purpose in a safe and continually useable condition. The following are examples of work that is permissible under the definition of Maintenance:
        1. Moving receptacles; adding receptacles or lights to an existing circuit; and moving or adding switches to an existing circuit;
        2. Replacing a panel with a like-for-like panel, or replacing a motor with a like-for-like motor;
        3. Adding a circuit to an existing conduit home run.
        Maintenance does not include Electrical Construction (new or remodel). Performing Electrical Construction other than the items specifically described in Items 1-3 under Maintenance will constitute suspendible employment.
      9. only benefits accrued on or after March 1, 1991 shall be suspended for any month in which a Pensioner works for the Los Angeles Department of Water and Power in any classification other than a permanent employee. Work as a permanent employee for the Los Angeles Department of Water and Power by Pensioners prior to attaining Normal Retirement Age shall be considered as Civil Service and shall be subject to the provisions of Section 9.7(b)(2)(xi);
      10. only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner engages in work as an electronic or computer technician;
      11. except as otherwise provided herein, only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner performs electrical work in Civil Service at the city, state, county or federal level;
      12. only benefits accrued after December 1, 1990 shall be suspended for any month in which a Pensioner engages in Civil Service employment under an IBEW Local 11–City of Los Angeles Specialty Agreement effective December, 1990;
      13. only benefits accrued on or after March 23, 2000 shall be suspended for any month in which a participant instructs in any electrical training program or retail-based electrical instruction other than any IBEW-NECA sponsored training program;
      14. only benefits accrued on or after October 1, 1987 shall be suspended for any month in which a Pensioner engages in Non-Covered Electrical Employment, as defined in Section 1.16 hereof and as otherwise provided in the Plan. The suspension of benefits under this Section 9.7(b)(2)(xiv) shall be applied in addition to the suspension provisions of other applicable provisions of this Section and Section 1.16(h); and
      15. Only benefits accrued on and after August 1, 2003 shall be suspended for that month in which a Pensioner performs the task of inspecting electrical work for quality control purposes and no other Suspendible Employment. Such quality control work has always been distinguished from acting as an Electrical Inspector enforcing codes, regulations and/or ordinances on behalf of a public agency or hospital. Inspecting electrical work for quality control purposes does not include supervising the day-to-day work of the employees of Electrical Sub-Contractors. Depending upon the circumstances, any such day-to-day supervision will constitute Suspendible Employment and/or Non-Covered Electrical Employment subject to the applicable provisions of this Plan.
      16. This section added by: Amendment 1.
        Only benefits accrued on and after July 1, 2015 shall be suspended for that month in which a Pensioner is registered on the books at any hiring hall for employment by a private or public utility or for employment with a subcontractor to a utility, whether or not such work is covered by an IBEW collective bargaining agreement, including but not limited to work to be performed under collective bargaining agreements sponsored by Locals 18, 47, and 1245.
      17. This section added by: Amendment 2.
        Only benefits accrued on and after July 1, 2015 shall be suspended for that month in which a Pensioner is employed by an IBEW-NECA sponsored training program or any administrative corporation providing services to such training program on a full-time basis (30 or more hours per week).
      18. This section added by: Amendment 4.
        In addition to all pre-existing limitations of the Plan as to pre Normal Retirement Age employment by Pensioners, all benefits accrued on and after January 1, 2017 shall be suspended for any month in which a pre Normal Retirement Age Pensioner is employed in any position by a contractor that holds, or is required to hold, any active license subject to the California Contractors State License Board or the comparable authority of any state, territory, locality or foreign country. In addition to all pre-existing limitations of the Plan as to pre Normal Retirement Age employment by Pensioners, all benefits accrued on and after January 1, 2017 shall also be suspended for any month in which a pre Normal Retirement Age Pensioner is employed in any position with a construction management firm, architectural firm, engineering firm or developer regardless of license status.
    3.  
      1. In the Case of a Pensioner who engages in Non-Covered Electrical Employment under Section 9.7(b)(2)(xiv), except as otherwise provided in the Plan, his pension shall resume upon cessation of such employment but no earlier than attainment of his Normal Retirement Age. In no event shall his pension benefits be suspended beyond the Pensioner's attainment of his Mandatory Commencement Date.
      2. In no event, however, will a Pensioner's benefit be suspended for any month which includes or follows attainment of his Normal Retirement Age unless the Pensioner is engaged in Suspendible Employment on or after his Normal Retirement Date which would cause a suspension under Section 9.7(c), below.
  3. Suspension of Benefits on or after Normal Retirement Age.

    On or after attainment of Normal Retirement Age and prior to the first day of the month following the month in which the Pensioner attains age 70½, a Pensioner who has not attained age 70½, must refrain from working 40 or more hours in any calendar month in Suspendible Employment as defined as follows:
    1. work as an employee, employer, consultant, sole proprietor, or independent contractor in the geographic jurisdiction of the Plan, which is defined by applicable Regulations as the State of California;
    2. work of the type performed by Participants of the Plan on the Pensioner's effective date of retirement; and
    3. which requires directly or indirectly the use of the same skills performed by Participants of the Plan on the Pensioner's effective date of retirement.
    For purposes of the foregoing, a Pensioner who has attained Normal Retirement Age and completes 40 or more hours of service in such Suspendible Employment during any calendar month shall be deemed to be in violation of the aforesaid requirement and his pension benefit otherwise payable shall be suspended for such month. For purposes of this Section 9.7(c), "hour of service" means each hour of such Suspendible Employment for which the Pensioner is paid or entitled to payment. In addition, a Pensioner performing the following work in the State of California specified in Section 9.7(c)(1)(i)-(viii) for forty (40) or more hours per month after attainment of Normal Retirement Age shall have some or all of their monthly pension benefit suspended to the extent permitted by Revenue Procedure 2005-23.
    1. In accordance with Revenue Procedure 2005-23, effective June 1, 2004, benefits payable on or after Normal Retirement Age shall be suspended in accordance with the following provisions:
      1. only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner is employed as an estimator, project manager, or similar position for an electrical contractor or other firm or business performing such services, if that electrical contractor or firm is signatory to a collective bargaining agreement with an IBEW Local Union. Such work for an electrical contractor of firm which is not signatory to a collective bargaining agreement with an IBEW Local Union is prohibited for all periods of benefit accrual;
      2. only benefits accrued on or after December 1, 2004 shall be suspended for any month in which a Pensioner works as an Electrical Inspector under a collective bargaining agreement requiring contributions to the Plan;
      3. except as otherwise provided herein, only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner performs electrical maintenance which is defined as follows, if such work does not require contributions to this Plan or any Related Plan (excluding NEBF):

        Maintenance is defined as routine, recurring and usual work for the preservation, protection and keeping of any facility for its intended purpose in a safe and continually useable condition. The following are examples of work that is permissible under the definition of Maintenance:
        1. Moving receptacles; adding receptacles or lights to an existing circuit; and moving or adding switches to an existing circuit;
        2. Replacing a panel with a like-for like panel, or replacing a motor with a like-for-like motor;
          Adding a circuit to an existing conduit home run.
        Maintenance does not include Electrical Construction (new or remodel). Performing Electrical Construction other than the items specifically described in Items 1-3 under Maintenance will constitute Suspendible Employment.
      4. only benefits accrued on or after March 1, 1991 shall be suspended for any month in which a Pensioner works for the Los Angeles Department of Water and Power in any classification other than a permanent employee. Work as a permanent employee for the Los Angeles Department of Water and Power by Pensioners on or after attainment of Normal Retirement Age shall be considered as Civil Service and shall be subject to the provisions of Section 9.7(c)(1)(vi);
      5. only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner engages in work as an electronic or computer technician;
      6. except as otherwise provided herein, only benefits accrued on or after August 1, 2003 shall be suspended for any month in which a Pensioner performs electrical work in Civil Service at the city, state, county or federal level;
      7. only benefits accrued on or after December 1, 1990 shall be suspended for any month in which a Pensioner engages in Civil Service employment under an IBEW Local 11–City of Los Angeles Specialty Agreement effective December, 1990;
      8. only benefits accrued on or after March 23, 2000 shall be suspended for any month in which a participant instructs in any electrical training program or retail-based electrical instruction other than any IBEW-NECA sponsored training program; and
      9. Only benefits accrued on and after August 1, 2003 shall be suspended for that month in which a Pensioner performs the task of inspecting electrical work for quality control purposes and no other Suspendible Employment. Such quality control work has always been distinguished from acting as an Electrical Inspector enforcing codes, regulations and/or ordinances on behalf of a public agency or hospital. Inspecting electrical work for quality control purposes does not include supervising the day-to-day work of the employees of Electrical Sub-Contractors. Depending upon the circumstances, any such day-to-day supervision will constitute Suspendible Employment and/or Non-Covered Electrical Employment subject to the applicable provisions of this Plan.
      10. This section added by: Amendment 2.
        Only benefits accrued on and after July 1, 2015 shall be suspended for that month in which a Pensioner is employed by an IBEW-NECA sponsored training program or any administrative corporation providing services to such training program on a full-time basis (30 or more hours per week).
  4. Notices.
    1. Upon commencement of pension benefits, the Trustees shall notify the Pensioner of the Plan rules governing suspension of benefits, including the identity of the industries and geographic area covered by the Plan applicable to Pensioners who have attained their Normal Retirement Date and the geographic area of Related Plans applicable to Pensioners who have yet to attain their Normal Retirement Date. If benefits have been suspended and payment resumed, new notification shall, upon resumption, be given to the Pensioner if there has been any material change in the suspension rules or the identity of the industries or geographic area covered by the Plan.
    2. A Pensioner shall notify the Plan in writing within 31 days after starting any work of a type that is or may be prohibited and without regard to the number of hours of such work.

      If a Pensioner has worked in Suspendible Employment in any month after Normal Retirement Age and has failed to give timely notice to the Plan of such employment, the Trustees shall presume that he worked for forty (40) or more hours in such month and any subsequent month before the Pensioner gives notice that he has ceased Suspendible Employment. The Pensioner shall have the right to overcome such presumption by establishing that his work was not in fact an appropriate basis, under the Plan, for suspension of his benefits.

      The Trustees shall inform all Pensioners at least once every twelve (12) months of the reemployment notification requirements and the presumptions set forth in this paragraph.
    3. A Pensioner whose pension has been suspended shall notify the Trust Office when Suspendible Employment has ended. The Trustees shall have the right to hold back benefit payments until such notice is filed with the Plan.
    4. A Pensioner may ask the Trustees whether a particular employment will constitute Suspendible Employment. The Trustees shall provide the Pensioner with their determination.
    5. The Trustees shall inform a Pensioner of any suspension of his benefits by notice given by personal delivery or first class mail during the first calendar month in which his benefits are withheld. Such notice shall include a description of the specific reasons for the suspension, copy of the relevant provisions of the Plan, reference to the applicable regulations of the U.S. Department of Labor, and a statement of the procedure for securing a review of the suspension. In addition, the notice shall describe the procedure for the Pensioner to notify the Trustees when his Suspendible Employment ends. If the Trustees intend to recover prior overpayments by offset, the suspension notice shall explain the offset procedure and identify the amount expected to be recovered, and the periods of employment to which they relate.
  5. Recommencement of Suspended Pensions:
    1. Effective for requests for recommencement of pension benefits received by the Trust Fund on or after July 1, 2002, payments will be made retroactive to the first day of the month following the last month for which benefits are suspended under Section 9.7(b) or 9.7(c), above. However, in no event shall the effective date of the recommencement of pension benefits be more than twelve (12) months prior to the date the Pensioner notifies the Trust Fund of the cessation of Suspendible Employment or Covered Hours. Payments shall resume no later than the first day of the third calendar month in which the employee ceases to be engaged in Suspendible Employment provided that the Pensioner has notified the Trust Fund that he has ceased such Suspendible Employment. In no event shall a Pensioner's benefits be suspended beyond the Pensioner's Mandatory Commencement Date, unless the Pensioner otherwise elects to defer distribution of pension benefits.
    2. If a Pensioner's benefits are suspended under Section 9.7(b)(2)(xiv), in addition to the month-to-month suspension, his retirement benefits shall be administered in accordance with Article I, Section 1.16(h) of the Plan. In no event shall his pension benefits be suspended beyond the Pensioner's attainment of his Mandatory Commencement Date.
    3. If a Pensioner's early retirement pension has been reduced pursuant to Section 4.4 or 4.5 and is suspended prior to the Participant's attainment of Normal Retirement Age, the benefit upon resumption shall be actuarially adjusted, if required, to assure monthly early retirement pension benefits to be received are at least the actuarial equivalent of the Pensioner's accrued benefit at the Pensioner's Normal Retirement Age.
    4. If the Social Security Adjustment Option Pension (pursuant to Section 5.3(d)) or the Joint and Survivor Social Security Adjustment Option (pursuant to Section 5.3(e)) is suspended and if such pension, at the time of suspension, is greater than the amount of Early Pension Benefit (pursuant to Section 4.4 or 4.5) that the Participant could have received if he would have elected such benefit under the Normal Form of Pension, such Social Security Adjustment Pension shall be actuarially adjusted.
  6. Review of Suspensions and Advice as to Potential Employment.
    A Pensioner shall be entitled to a review of a determination suspending his benefits by written request filed with the Trustees within sixty (60) days of the notice of suspension. The same right of review shall apply, under the same terms, to a determination by or on behalf of the Trustees that contemplated employment will be prohibited.
  7. Recovery of Overpayments.
    If payments are erroneously continued during a period of employment for which benefits may be suspended under Section 9.7(b) or 9.7(c) above, the Trustees shall have the right to recover any such payments erroneously made. However, with respect to any payments due the Pensioner, such recovery shall be subject to the following limits:
    1. In the case of an initial pension payment due following a suspension of benefits under Section 9.7(b) or (c), 100% of such initial payment may be withheld.
    2. In the case of any pension payment other than a payment described in (1) above, only 25% of such monthly pension benefit may be withheld.
    3. If a Pensioner dies before recoupment of overpayments has been completed, deductions shall be made from the benefits payable to his surviving Spouse, subject to the 25% limitation on the rate of deduction.
    4. Nothing in this provision shall prohibit the Trustees from adopting additional rules related to the recovery of overpayments from Pensioners who erroneously received pension benefits, including but not limited to, reserving the right to file suit, creditor's claims or the pursuit of other legal action for the recovery of benefits which have been suspended.
  8. Article 9.7 has been amended in its entirety effective June 1, 2004 as a reforming remedial amendment pursuant to Revenue Procedure 2005-23. This Subsection (h) has been added to reflect remedial notices and payments to be issued by the Plan. Effective June 1, 2004, all provisions of the Plan requiring suspension of benefits on a month-to-month basis that were added through amendment after the inception of the Plan shall be subject to this reforming amendment, as previously set forth herein. The provisions of Article 9, Section 9.7, providing for a month-to-month suspension of benefits for Suspendible Employment, including but not limited to Non-Covered Electrical Employment, shall continue to apply to all benefit accruals and to the remedial payments under this Subsection.

    For purposes of interest to be added to some remedial payments under this Subsection, the rates of interest shall be per annum and at the rate in effect at the time of the remedial payment for pensions with a retroactive annuity starting date as set forth in Section 1.36 of the Plan.

    Certain Plan amendments were enacted after inception of the Plan that had the affect of restricting a pensioner's ability to work in the electrical trade, craft or industry after early retirement. Revenue Procedure 2005-23 has clarified that only post-amendment benefit accruals maybe suspended pursuant to such amendments. Section 9.7(b)(2)(i)-(xiv), 9.7(c)(1)(i)-(viii) and other related sections of the Plan reflect the effect of Revenue Procedure 2005-23 such that only post-amendment benefit accruals are subject to a month-to-month suspension by a pensioner for having engaged in such employment or activity during any month or portion thereof.
    1. Pensioners whose pre-amendment benefit accruals were suspended: Not later than January 1, 2006, the following actions shall be completed in terms of these Pensioners. First, they shall be identified by the Plan. Second, their pre-amendment benefit accruals in the form of pension previously elected shall be calculated. Third, for each month on and after June, 2004, for which their benefit was not otherwise subject to monthly suspension, they shall receive a monthly payment equal to that pre-amendment monthly benefit accrual portion of their Pension. Fourth, for any such monthly payment not paid on the first day of the month in the month due, they shall also receive appropriate interest through the date of actual payment. Fifth, they shall be advised that any post-amendment benefit accrual portion of their Pension, if any, shall be payable upon their cessation of the Suspendible Employment or activity in question unless some other provision of the Plan requires an earlier payment.
    2. Active Vested Participants and Inactive Vested Participants with pre-amendment benefit accruals who were previously determined ineligible to commence receipt of any Benefit solely due to their having engaged in suspendible employment or activity as set forth in the applicable Subsection of Section 9.7(b)(2) and 9.7(c)(1): Not later than January 1, 2006, the following actions shall be completed in terms of these participants who were not receiving a benefit as of June 1, 2004. First, they shall be identified by the Plan. Second, their pre-amendment benefit accrual as set forth in the applicable Subsection of Section 9.7(b)(2) and (c)(1) shall be calculated. Third, they shall be advised that, subject to all other requirements of the Plan, this remedial Amendment permits them to commence receipt of a Pension based upon their pre-amendment benefit accruals as set forth in the applicable Subsection of Section 9.7(b)(2) and (c)(1), with a retroactive annuity starting date as early as June 1, 2004, plus payment of appropriate interest or, in the alternative, an appropriate later annuity starting date of their choice which may or may not include interest depending upon the date they elect. Fourth, they shall be advised the balance of a Pension elected reflecting benefits accrued on and after the effective date of the applicable Subsection of Section 9.7(b)(2) and (c)(1) shall be suspended on a month-to-month basis unless an earlier payment is required by other provisions of the Plan. Fifth, they shall be advised that any Pension they elect shall remain subject to the month-to-month suspension of benefit provisions of the Plan. Sixth, they shall be supplied with a pension application contemporaneous with the aforesaid notice. Seventh, they shall be advised that should they desire a June 1, 2004 retroactive annuity starting date, they must file an application within six (6) months of the Plan's mailing of notice of this Amendment.
    3. Active Vested Participants and Inactive Vested Participants with pre-amendment benefit accruals who have not previously applied for a Pension due to their having engaged in Suspendible Employment or suspendible activity: These participants shall receive a copy of this Amendment. They shall be advised those who file an application within six (6) months of the Plan's mailing of notice of this Amendment and who meet all other requirements of the Plan shall be offered, as to their pre-amendment benefit accrual as set forth in the applicable Subsection of Section 9.7(b)(2) and 9.7(c)(1), the same annuity starting date options, including if applicable interest, as are provided under Subsection 9.7(h)(2) above.

      All other terms and conditions of the Plan shall remain in full force and effect. This new Subsection shall be construed and interpreted to assure good faith compliance with Revenue Procedure 2005-23. No provision has been included for non-pensioners for periods of post-Normal Retirement Age work of 40 hours or more per month in Suspendible Employment as defined in Section 9.7(c) because such activity prior to the mandatory commencement date of pension benefits has, at all relevant times, always constituted Suspendible Employment under the Plan. In addition, no provision has been included for participants or retirees who engage in any Suspendible Employment prior to attainment of Normal Retirement Age as defined in Section 9.7(a)(1) because such activity has always, at all relevant times, constituted Suspendible Employment under the Plan resulting in a suspension of pension benefits for any month in which a pensioner engages in Suspendible Employment. No actuarial increase for delayed retirement beyond Normal Retirement Age is available for any month in which the participant engaged in an activity which would result in the suspension of monthly pension benefit payments.

9.8 If a Pensioner is re-employed in Covered Employment, he may accrue additional benefits, subject to the following limitations:

  1. No additional benefits will be accrued unless the Participant earned at least 750 Vesting Hours during the Plan Year in which the additional benefits were accrued. However, if a retired participant does not have sufficient hours in one Plan Year to meet such requirement, these hours shall be carried over one Plan Year and shall be added to the hours in that Plan Year for purposes of determining qualification under the 750 Vesting Hour Rule. Alternatively and without duplication of credits, Covered Hours earned since the last year for which additional benefits have accrued shall be cumulated and earn additional benefits if 1,500 or more Covered Hours have been earned.
  2. Any additional pension benefits earned for employment after attainment of the Mandatory Commencement Date will commence annually by April 1. Any other additional pension benefits due a Pensioner shall commence in accord with the following provisions of this Sub-Section. In all cases if a Pensioner dies before the commencement of payment of additional pension benefits the death benefits attributable to the additional pension benefit shall commence with the first payment following the Pensioner's death.

    Additional benefits earned due to Covered Employment commenced prior to Normal Retirement Age shall be payable as a separate and distinct annuity. While the benefit suspended due to Covered Employment is subject to resumption in its preexisting form upon advice to the Fund that suspendible employment is terminated, subject to any withholding for previously overpaid benefits, the additional annuity benefit earned is subject to the application and election requirements of Article 5 and all related provisions of the Plan. The additional annuity shall have a separate and distinct annuity starting date. The additional annuity may be paid in any form other than in the form of a Social Security Adjustment Pension. No form of Social Security Adjustment Pension shall be available as a part of this election process.

    If the Pensioner's pension benefit was not in suspension on their Normal Retirement Date any additional benefits earned due to Covered Employment commenced on or after attainment of Normal Retirement Age will be payable in the following pension form:
    1. If the Pensioner originally elected to receive the Normal Form of Pension or if the Pensioner had originally elected any Joint and Survivor form of Pension, but the marriage in effect on the commencement date of such original pension has since terminated, then his additional pension will be payable in the form of a life pension with monthly payments to the Pensioner for as long as he lives. However, if the Pensioner is remarried as of the recommencement date, the Pensioner and the spouse shall elect a form of pension with respect to the additional pension as provided in Article 5.
    2. If the Pensioner originally elected to receive the Automatic Joint and Survivor Pension Form, or the Joint and 66⅔% Survivor Pension, Joint and 75% Survivor Pension or the Joint and 100% Survivor Pension, he will receive his additional pension in the same form as originally selected, provided the marriage in effect on the commencement date of the Pensioner's original pension is still in effect. The Actuarial Equivalent value for such additional pension will be based on the ages of the Participant and his spouse on the commencement date of the additional pension.
    3. If the Pensioner originally elected to receive the Joint and Survivor Social Security Adjustment Pension, he will receive his additional pension in the form of an Automatic Joint and Survivor Pension, Joint and 66⅔% Survivor Pension, Joint and 75% Survivor Pension or Joint and 100% Survivor Pension (whichever corresponds to the percentage originally elected by the Participant when he elected the Joint and Survivor Social Security Adjustment Option) provided the marriage in effect on the comment date of the Pensioner's original pension is still in effect. The actuarial equivalent value for such additional pension will be based on the ages of the Pensioner and his spouse on the commencement date of the additional pension.

9.9 The Trustees or the insurance company, if any, which is providing benefits under the Plan to the Pensioner, shall have the right to require satisfactory evidence that a Pensioner is living on each and every date when a pension benefit is due such Pensioner. In the absence of such evidence, when required, any payments due shall not be made until such evidence has been received.

9.10 If, in the judgment of the Trustees, the Pensioner or Disabled Participant is unable to care for his affairs because of illness, accident, or incapacity, either mental or physical; then, any payment due, unless claim shall have been made therefore by a duly appointed legal representative, may be paid to the spouse or other person or party deemed by the Trustees to have incurred expense for the Pensioner or Disabled Participant. Any such payment shall be a payment for the account of the Pensioner or Disabled Participant, and shall be a complete discharge of the liability therefore under the Plan.

9.11 Neither the Trustees, nor any Employer, shall in any manner be liable for or subject to the debts or liabilities of any Covered Employee or any individual entitled to Pension Benefits. No individual entitled to any benefits under the Plan shall have any right to alienate, hypothecate or encumber his interest in any benefits under the Plan and such benefits shall not in any way be subject to claim of his creditors or liable to attachment, execution or other process of law. This provision shall not apply to any transfer made pursuant to a federal tax lien or a qualified domestic relations order.

9.12 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.

9.13. Overpayments and Underpayments of Benefits

  1. Recoupment of Overpayments.

    If the Fund discovers that a Participant, Beneficiary, Annuitant, Alternate Payee or any other person has erroneously received an overpayment of pension benefits to which the person was not entitled in accordance with the provisions of this Plan, the Trustees shall recover the overpayments in the following order of priority:
    1. The Trustees shall first seek recoupment of the overpayment in one lump sum payment;
    2. If lump sum recoupment is not agreed to, the Trustees shall seek recoupment of the overpayment including interest attributable to the overpayment based on the Plan's interest rate utilized by the Trust Fund for Retroactive Annuity Starting Dates by entering into an installment repayment agreement;
    3. If a lump sum or an installment repayment agreement is not agreed to within sixty days of notification by the Trust Fund to the Participant, Beneficiary, Annuitant, Alternate Payee or other persons of the overpayment, or if the Participant, Beneficiary, Annuitant, Alternate Payee or other person fails to abide by the installment repayment agreement, the Trustees shall obtain recoupment of the overpayment by reducing future benefit payments so that the actuarial present value of the reduction is equal to the amount of the overpayments plus interest. For purposes of interest to be charged to payments under this Subsection, the rate of interest shall be per annum at the rate in effect at the time of discovery of the overpayment for pensions with a Retroactive Annuity Starting Date as set forth in Section 1.37 of the Plan.
    "Nothing in this provision shall prohibit the Trustees from taking additional action related to the recovery of overpayments from a Participant, Beneficiary, Annuitant, Alternate Payee or any other person who erroneously received pension benefits, including but not limited to, reserving the right to file suit or the pursuit of other legal action for the recovery of such overpayments.

  2. Underpayment
    In the event that the Trustees determine that the payment of benefits has resulted in an underpayment, future payments shall be increased to the correct periodic amount while the amount of past underpayments shall be paid in a lump sum with appropriate interest. For purposes of interest to be added to the remedial payment under this Subsection, the rates of interest shall be per annum and at the rate in effect at the time of the remedial payment for pensions with a Retroactive Annuity Starting Date as set forth in Section 1.37 of the Plan.