Electrical Contractors Association And Local Union …...2014/07/01 · Electrical Contractors...

Electrical Contractors Association and

Local Union 134 I.B.E.W.

Joint Pension Trust of Chicago

Pension Plan No. 2

As amended and restated effective July 1, 2014

ii

PENSION PLAN NO. 2

TABLE OF CONTENTS

PREAMBLE ...................................................................................................................................... 1

ARTICLE 1 -- DEFINITIONS ............................................................................................................. 2

1.01 Accrued Benefit. ............................................................................................................. 2

1.02 Active Participant. ......................................................................................................... 2 1.03 Actuarial Equivalent. ..................................................................................................... 2 1.04 Agreement. ...................................................................................................................... 2 1.05 Annuity Starting Date.................................................................................................... 2 1.06 Another Plan................................................................................................................... 2

1.07 Basic Pension. ................................................................................................................. 3 1.08 Break in Service. ............................................................................................................ 3 1.09 Break Year. ..................................................................................................................... 3

1.10 Code. ................................................................................................................................ 3 1.11 Covered Employment. ................................................................................................... 3 1.12 Credited Service. ............................................................................................................ 4

1.13 Deferred Pension. ........................................................................................................... 4 1.14 Disability. ........................................................................................................................ 4 1.15 Disability Pension. .......................................................................................................... 4

1.16 Early Pension. ................................................................................................................. 4 1.17 Eligibility Service. .......................................................................................................... 4

1.18 Employee. ........................................................................................................................ 4 1.19 Employer. ........................................................................................................................ 5

1.20 ERISA. ............................................................................................................................ 5 1.21 ERISA Effective Date. ................................................................................................... 5

1.22 Excused Absence. ........................................................................................................... 5 1.23 Hour of Service. .............................................................................................................. 7 1.24 Industry Employment. ................................................................................................... 7

1.25 Non-Qualifying Spouse. ................................................................................................. 7 1.26 Normal Pension. ............................................................................................................. 7

1.27 Normal Retirement Age. ............................................................................................... 8 1.28 Normal Retirement Date. .............................................................................................. 8

1.29 Participant (Plan 2, Plan 4 and Plan 6). ....................................................................... 8 1.30 Pension. ........................................................................................................................... 8 1.31 Pension Plan No. 5.......................................................................................................... 8 1.32 Pensioner. ........................................................................................................................ 8 1.33 Plan. ................................................................................................................................. 9

1.34 Plan Year. ....................................................................................................................... 9 1.35 Preretirement Enhanced Surviving Spouse Pension. ................................................. 9 1.36 Qualified Joint and Survivor Pension. ......................................................................... 9 1.37 Qualified Optional Survivor Pension. ........................................................................ 10 1.38 Qualified Preretirement Survivor Pension. ............................................................... 10

1.39 Qualifying Spouse. ....................................................................................................... 11

1.40 Qualified Domestic Relations Order. ......................................................................... 11

1.41 Retirement. ................................................................................................................... 11 1.42 Spouse............................................................................................................................ 11 1.43 Surviving Child Pension. ............................................................................................. 11

iii

1.44 Trust. ............................................................................................................................. 11

1.45 Trust Agreement. ......................................................................................................... 11 1.46 Trustees. ........................................................................................................................ 11

1.47 Union. ............................................................................................................................ 12 1.48 Other Terms. ................................................................................................................ 12

ARTICLE 2 – PARTICIPATION, SERVICE AND VESTING ............................................................... 13

2.01 Participation. ................................................................................................................ 13 2.02 Eligibility Service and Credited Service. ................................................................... 13

2.03 Vesting. .......................................................................................................................... 17 2.04 Break in Service. .......................................................................................................... 17 2.05 Military Service. ........................................................................................................... 17 2.06 Reciprocity with Another Plan under the Trust. ...................................................... 18

ARTICLE 3 -- ELIGIBILITY FOR PENSION BENEFIT ...................................................................... 20

3.01 Requirements for Normal Pension. ............................................................................ 20 3.02 Requirements for Early Pension................................................................................. 20

3.03 Requirements for Disability Pension. ......................................................................... 21

3.04 Requirements for Deferred Pension. .......................................................................... 22 3.05 Non-Duplication of Pensions. ...................................................................................... 22

ARTICLE 4-- AMOUNT AND FORM OF BENEFIT ........................................................................... 23

4.01 Normal Pension. ........................................................................................................... 23 4.02 Early Pension. ............................................................................................................... 25

4.03 Disability Pension. ........................................................................................................ 25

4.04 Deferred Pension. ......................................................................................................... 26

4.05 Calculation of Monthly Pension Amount for an Interruption of Credited Service

or Reciprocity with Another Plan. ............................................................................. 26 4.06 Benefit Forms. .............................................................................................................. 28

4.07 Notice and Election of Benefit Form. ......................................................................... 29 4.08 Effect of Death on Form of Benefit. ........................................................................... 31

4.09 Required Distributions. ............................................................................................... 31 4.10 Qualified Domestic Relations Orders......................................................................... 32

ARTICLE 5 -- SURVIVOR BENEFITS .............................................................................................. 34

5.01 Qualified Preretirement Survivor Pension if Participant Dies Before Pension

Commences. .................................................................................................................. 34 5.02 Preretirement Enhanced Surviving Spouse Pension for Plan 2 Participants. ....... 35 5.03 Preretirement Enhanced Surviving Spouse Pension for Plan 4 Participants. ....... 36

5.04 Death after Payment of a Disability Pension. ............................................................ 37 5.05 Surviving Child Pension. ............................................................................................. 38

ARTICLE 6 -- REEMPLOYMENT AFTER RETIREMENT ................................................................. 40

6.01 Suspension of Pension Benefits. .................................................................................. 40 6.02 Offset Rules................................................................................................................... 40

6.03 Computation of Benefit Payments Following Suspension. ....................................... 40 6.04 Reemployment for Short Period. ................................................................................ 41 6.05 Notices Under the Suspension Rules. ......................................................................... 41

ARTICLE 7 -- ADMINISTRATION ................................................................................................... 42

7.01 Rules and Regulations. ................................................................................................ 42

iv

7.02 Assets of the Trust. ....................................................................................................... 42

7.03 Alienation of Benefits. .................................................................................................. 42 7.04 Verification of No Employment. ................................................................................. 42

7.05 Change of Address. ...................................................................................................... 42 7.06 Reliance on Professional Advice. ................................................................................ 42 7.07 Contributions................................................................................................................ 43 7.08 Payments to Incapacitated Pensioners. ...................................................................... 43 7.09 Legal Construction....................................................................................................... 43

7.10 Amendment. ................................................................................................................. 43 7.11 Interest in Trust. .......................................................................................................... 44 7.12 No Authority to Act for Trust. .................................................................................... 44 7.13 No Pension While Drawing Other Benefits. .............................................................. 44 7.14 Merger, Consolidation or Transfer. ........................................................................... 44

7.15 Determination By Trustees Binding. .......................................................................... 44 7.16 Overpayment to Deceased Participant. ...................................................................... 45

7.17 Gender and Headings. ................................................................................................. 45 7.18 Construction. ................................................................................................................ 46 7.19 Non-Reversion. ............................................................................................................. 46 7.20 Limitation of Liability. ................................................................................................ 46

ARTICLE 8 – TOP HEAVY PROVISIONS AND MAXIMUM BENEFITS ............................................. 47

8.01 Top Heavy Provisions. ................................................................................................. 47

8.02 Maximum Benefits. ...................................................................................................... 47

ARTICLE 9 -- PLAN TERMINATION ............................................................................................... 48

9.01 Right to Terminate. ...................................................................................................... 48 9.02 Restrictions in Event of Termination. ........................................................................ 48

ARTICLE 10 -- CLAIMS PROCEDURE ............................................................................................ 49

10.01 Application for Benefits. .............................................................................................. 49 10.02 Proofs Required. .......................................................................................................... 49

10.03 Notice of Denied Claim for Benefits. .......................................................................... 49 10.04 Review of Denied Claim. ............................................................................................. 49 10.05 Disability Claims Procedures. ..................................................................................... 50

10.06 Trustee’s Reliance. ....................................................................................................... 52 10.07 Discretionary Decision Making. ................................................................................. 52

10.08 Conformity with Subsequent Legislation. ................................................................. 52

APPENDIX A .................................................................................................................................. 53

APPENDIX B .................................................................................................................................. 54

APPENDIX C .................................................................................................................................. 55

APPENDIX D .................................................................................................................................. 57

APPENDIX E .................................................................................................................................. 59

APPENDIX F .................................................................................................................................. 67

APPENDIX G .................................................................................................................................. 68

APPENDIX H .................................................................................................................................. 69

APPENDIX I ................................................................................................................................... 70

v

APPENDIX J ................................................................................................................................... 71

APPENDIX K .................................................................................................................................. 73

1

PREAMBLE

WHEREAS, effective October 19, 1965, the Electrical Contractors Association (the

“Association”) and Local Union 134 I.B.E.W. (the “Union”) entered into an agreement and

declaration of trust (the “Trust Agreement”) to establish a pension fund to provide retirement,

disability and death benefits to members of the Union and other plan participants employed by

members of the Association and other employers in the construction industry within the

geographic jurisdiction of the Union in accordance with the provisions of collective bargaining

agreements between the Association and the Union; and

WHEREAS, such Trust Agreement created a jointly trusteed pension fund to be administered in

accordance with the provisions of Section 302(c) of the Labor-Management Relations Act of

1947, as amended from time to time (the “Taft-Hartley Act”); and

WHEREAS, in accordance with the terms of the Trust Agreement, the Trustees of the pension

fund adopted Pension Plan 2 (the “Plan”) as the rules and regulations for the administrative

operation of the pension fund and the Plan in order to effectuate the purposes of the pension fund

and the Plan, and

WHEREAS, the Trustees of the pension fund, in accordance with the right reserved to them

under the provisions of the Plan, last amended and restated the Pension Plan, effective July, 1,

2009; and

WHEREAS, effective July 1, 2012, the Electrical Contractors Association and Local Union 134

I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 4 ("Plan 4") and Electrical

Contractors Association and Local Union 134 I.B.E.W. Joint Pension Trust of Chicago Pension

Plan No. 6 ("Plan 6") merged into and became part of the Plan; and

WHEREAS, the Trustees wish to amend and restate the Plan to comply with certain required

changes applicable to retirement plans intended to be qualified under Section 401(a) of the

Internal Revenue Code of 1986, as amended from time to time.

NOW, THEREFORE, the Trustees hereby amend the Plan in its entirety as follows, effective

July 1, 2014, except as otherwise provided.

2

ARTICLE 1 -- DEFINITIONS

1.01 Accrued Benefit.

The term “Accrued Benefit” shall mean the value of the benefits earned under the terms of the

Plan by a Participant at any given time. The normal benefit form shall be the Basic Pension.

1.02 Active Participant.

The term “Active Participant” shall mean, for any Plan Year, any Participant who earns at least

one hour of Eligibility Service in the Plan Year.

1.03 Actuarial Equivalent.

The term “Actuarial Equivalent” shall mean the equivalent in value of the aggregate amounts

expected to be paid under different forms of payment, on the basis of an assumed rate of interest

of 8% and mortality rates under the Unisex Pension 1984 Mortality Table (UP-84) set forward

one year for the Participant and set back four years for the Participant's Spouse. Notwithstanding

the foregoing, for purposes of determining the amount of a distribution subject to Code Section

417(e), Actuarial Equivalence shall be determined on the basis of the Applicable Mortality Table

and Applicable Interest Rate under Code Section 417(e). The Applicable Mortality Table is the

mortality table prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3),

and the Applicable Interest Rate means the ‘applicable interest rate’ as defined in Code Section

417(e)(3) for the month of April preceding the beginning of the Plan Year in which the

distributions occurs.

1.04 Agreement.

The term “Agreement” shall mean the applicable collective bargaining agreement or any other

written agreement pursuant to which an Employer is required to make contributions to the Trust.

1.05 Annuity Starting Date.

The term “Annuity Starting Date” shall mean the first day of the first period for which an amount

is payable pursuant to Article IV as an annuity or in any other form.

1.06 Another Plan.

The term “Another Plan” shall mean Electrical Contractors Association and Local Union 134

I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 3 (through August 1993), Electrical

Contractors Association and Local Union 134 I.B.E.W. Joint Pension Trust of Chicago Pension

Plan No. 4 (through June 2012), Electrical Contractors Association and Local Union 134

I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 5, Electrical Contractors Association

and Local Union 134 I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 6 (through June

2012), Electrical Insurance Trustees Employees' Retirement Plan, Retirement Plan for

International Brotherhood of Electrical Workers Local 134 Employees.

3

1.07 Basic Pension.

The term “Basic Pension” refers to a Pension which is payable as an income monthly for the

lifetime of a Pensioner with the last payment being made as of the first day of the month in

which the Pensioner's death occurs.

1.08 Break in Service.

The term “Break in Service” shall mean the failure of a Participant to accrue Eligibility Service

over a defined period of time, as provided in Section 2.04, such that all Credited Service and

Eligibility Service previously accrued by the Participant is thereby permanently canceled.

1.09 Break Year.

The term “Break Year” shall mean any calendar year for which:

A. A Plan 2 Participant fails to accrue at least 400 Hours of Service in Covered

Employment or fails to earn at least 400 Hours of Service for Excused Absence, or a

combination of both; or

B. A Plan 4 or Plan 6 Participant fails to accrue at least 450 Hours of Service in Covered

Employment or fails to earn at least 450 Hours of Service for Excused Absence, or a

combination of both;

1.10 Code.

The term “Code” shall mean the Internal Revenue Code of 1986, as amended from time to time.

1.11 Covered Employment.

The term “Covered Employment” shall mean any period of work by an Employee for which an

Employer is obligated to make contributions to the following:

(a) To the Trust (or, for Prior Service Credits, would have been so obligated if the

contribution requirement had been in effect during that period), or

(b) To another fund which transfers the contribution to the Trust pursuant to a

reciprocity agreement (less a reasonable administrative charge if applicable),

provided that if the contribution rate of the other fund is different from the Trust's

contribution rate, Hours of Service shall be calculated by dividing the

contributions received from the other fund by the contribution rate of the Trust for

the month the Hours of Service were earned; or

(c) To Pension Plan No. 5 under the Trust Agreement, unless the Employee is a Plan

4 or Plan 6 Participant.

4

However, Covered Employment shall not include a period of work for which an Employer is

obligated to make contributions to the Trust if the Trust is obligated under a reciprocity

agreement to transfer the contribution (less a reasonable administrative charge) to another fund.

1.12 Credited Service.

The term “Credited Service” shall mean the period for which a Participant is granted credit for

the purpose of computing the amount of his Pension.

1.13 Deferred Pension.

The term “Deferred Pension” shall mean the Pension payable to a Participant whose Retirement

occurs by reason other than Disability prior to his 55th

birthday.

1.14 Disability.

The term “Disability” shall mean a Participant's physical or mental incapacity, infirmity or

illness that results in a total and permanent disability that entitles the Participant to receive a

disability benefit under Title II of the Federal Social Security Act of 1935. Only a Participant

who is determined by the Social Security Administration to be entitled to receive Social Security

Disability benefits shall be determined by the Trustees to be disabled for purposes of the Plan.

The Trustees shall have the discretionary authority to determine that the Participant's Disability

has ended and the date on which such Disability has ended.

1.15 Disability Pension.

The term “Disability Pension” shall mean an auxiliary benefit commencing as a Pension payable

to a Participant whose Retirement occurs by reason of Disability.

1.16 Early Pension.

The term “Early Pension” shall mean the Pension payable to a Participant whose Retirement

occurs on or after his 55th

birthday and prior to his Normal Retirement Date by reason other than

Disability.

1.17 Eligibility Service.

The term “Eligibility Service” shall mean the period of employment for which a Participant earns

Hours of Service for the purpose of determining his vested status and eligibility for Pension

benefits.

1.18 Employee.

The term “Employee” shall mean any person on whose behalf contributions are required to be

made by an Employer either to the Trust or to Pension Plan No. 5 under the Trust Agreement or

to a fund having a reciprocity agreement with the Trust providing for transfer of that contribution

to the Trust. A sole proprietor, owner-operator, partner, independent contractor or self-employed

5

person shall not be considered an Employee. Employee shall also mean any person employed by

the Union on whose behalf contributions are made by the Union pursuant to an Agreement.

1.19 Employer.

The term “Employer” shall mean any employer who has executed an Agreement. Employer also

includes any employer not presently a party to an Agreement who satisfies the Trustees'

requirements for participation in the Plan and contributes either to the Trust, or to Pension Plan

No. 5 under the Trust Agreement or to a fund having a reciprocity agreement with the Trust

providing for transfer of that contribution to the Trust. Employer shall also mean the Union to

the extent it makes contributions on behalf of its Employees pursuant to an Agreement.

1.20 ERISA.

The term “ERISA” shall mean Employee Retirement Income Security Act of 1974, as amended

from time to time.

1.21 ERISA Effective Date.

The term “ERISA Effective Date” shall mean January 1, 1976.

1.22 Excused Absence.

The term “Excused Absence” shall mean a period for which a Participant receives Eligibility

Service for the purpose of meeting the 1,000 Hours of Service requirement under Section

2.02(b)(i)(B) and to avoid a Break Year under Section 1.09.

A Participant shall accrue 40 Hours of Service for an Excused Absence for any week after

December 31, 1975, in which a Participant was:

(a) Disabled as a result of any injury or illness incurred while working in Covered

Employment for which he received compensation under a worker's compensation

act or occupational disease act;

(b) In military service for which the Employee does not receive Eligibility Service

under Section 2.05, provided that such absence does not exceed the period

required to perform such service and the Employee makes himself available for

Covered Employment within 90 days after separation from military service or, if

applicable, recovery from a Disability received during military service;

(c) Holding a full-time position with the Union or as an instructor for the Electrical

Joint Apprenticeship and Training Trust or the International Brotherhood of

Electrical Workers Union or a public office in the federal, state, county, local or

municipal government, provided that the Participant shall return to Covered

Employment within 31 days after termination of his employment in said position

(in the event a dispute exists as to whether a Participant is holding public office,

the determination of the Trustees shall be final);

6

(d) Employed by an Employer in a position not requiring contributions to the Trust,

provided that the Participant shall return to Covered Employment within 31 days

after termination of his employment in said position;

(e) Disabled as a result of an injury or illness incurred while not working in Covered

Employment, provided that the Participant shall return to Covered Employment

within 31 days after the date on which the Trustees deem the Participant to have

recovered from his injury or illness;

(f) Laid off from Covered Employment, provided that the Participant returns to

Covered Employment within 31 days after the expiration of his layoff period;

(g) On a leave of absence approved by the Participant’s Employer, provided that the

maximum period of such authorized leave is one year, the Employee returns to

Covered Employment within 31 days after the expiration of his leave, and a copy

of the leave approval is received by the Trustees within one month after the

commencement of the leave;

(h) Working as an Employee for an Employer outside the jurisdiction of the Union

(does not apply to Plan 4 or Plan 6 Participants); or

(i) On an Employer approved leave of absence that qualifies under the Family and

Medical Leave Act of 1993 (FMLA) and/or an absence from work for any period

commencing on or after July 1, 1985, by reason of: (i) pregnancy of the

Participant, (ii) the birth of a child of the Participant, (iii) the placement of a child

with the Participant in connection with the child's adoption by the Participant, or

(iv) for purposes of caring for such child for a period beginning immediately

following such birth or placement, (v) for a qualifying exigency to deal with the

affairs of an Employee’s Spouse, child, or parent because he or she is called to

covered active military duty, or (vi) to care for a covered service-member with a

serious injury or illness incurred while on covered active military duty if the

Employee is the Spouse, child, parent or next of kin of the service-member as

defined under the FMLA in 29 CFR Part 825. An Excused Absence under this

subparagraph is subject to the following:

(i) The Hours of Service of Excused Absence hereunder shall be credited in

the calendar year in which the absence begins or in the immediately

following calendar year if such period of Excused Absence is not required

to be credited to the Participant in the calendar year in which the absence

begins to prevent the occurrence of a Break Year;

(ii) The Participant is required to furnish the Trustees with written notification

of such absence within 90 days after commencement; and

(iii) The Participant is required to furnish the Trustees with additional

information which reasonably establishes the duration of the absence and

that the absence is for a reason described herein.

7

1.23 Hour of Service.

The term “Hour of Service” shall mean an hour worked by an Employee for an Employer for

which the Employer is required to make contributions to the following:

(a) The Plan on behalf of the Employee; or

(b) Pension Plan No. 5 under the Trust Agreement, if the Employee is a Plan 2

Participant; or

(c) To another fund which transfers the contribution (less a reasonable administrative

charge) to the Trust pursuant to a reciprocity agreement, provided that if the

contribution rate of the other fund is different from the Trust's contribution rate,

the period of work shall be multiplied by a fraction in which the numerator is the

contribution rate of the other fund and the denominator is the contribution rate of

the Trust.

However, the term shall not include a period of work for which an Employer is obligated to

make contributions to the Trust if the Trust is obligated under a reciprocity agreement to transfer

the contribution to another fund. Provisions herein to the contrary notwithstanding, 29 C.F.R.

Sections 2530.200b-2 and 3 shall govern the determination of a Participant's Hours of Service for

Eligibility Service (including a Break in Service) where a conflict exists between those sections

of the regulations and the definition in this section.

1.24 Industry Employment.

The term “Industry Employment” shall mean any period of employment in which a Participant is

engaged in any capacity, whether as an employee of an Employer, sole proprietor, owner-

operator, partner, independent contractor, self-employed person or otherwise, within the trade

and geographical jurisdiction of the Union.

1.25 Non-Qualifying Spouse.

The term “Non-Qualifying Spouse” shall mean the Spouse married (not legally separated) to a

Participant on or before the Participant’s Annuity Starting Date.

However, if the Participant and the Spouse were married within the one-year period before the

Participant’s Annuity Starting Date, in order for the Spouse to be considered a Non-Qualifying

Spouse, they must have remained married until the earlier of: (a) the Participant’s death; or (b)

one year after the date the Participant began receiving a Pension from the Plan.

1.26 Normal Pension.

The term “Normal Pension” shall mean the Pension payable to a Participant whose Retirement

occurs on or after his Normal Retirement Date.

8

1.27 Normal Retirement Age.

The term “Normal Retirement Age” shall mean the later of the following:

(a) A Participant's 65th

birthday; or

(b) The earlier of the following:

(i) The fifth anniversary of the commencement of the Participant's

participation in the Plan, provided all five years of participation must be

after July 1, 1988; or

(ii) The Participant's tenth anniversary of the Employee's commencement of

participation in the Plan.

1.28 Normal Retirement Date.

The term “Normal Retirement Date” shall mean the first day of the month coinciding with or

following the date a Participant attains Normal Retirement Age.

1.29 Participant (Plan 2, Plan 4 and Plan 6).

The Plan has three types of Participants. Employees covered by the original Plan 2 are referred

to as Plan 2 Participants. Employees who have contributions related to Plan 4 which was merged

into the Plan effective July 1, 2012 as provided in Appendix J, are referred to as Plan 4

Participants. Employees who have contributions related to Plan 6 which was merged into the

Plan effective July 1, 2012 as provided in Appendix K, are referred to as Plan 6 Participants.

For Plan 2, Plan 4, and Plan 6 Participants, the term “Participant” shall mean any person who

meets the requirements for participation under Section 2.01 and who, on or after the ERISA

Effective Date, has any Credited Service which has not been canceled.

1.30 Pension.

The term “Pension” shall mean the monthly amounts being paid to a Pensioner under the terms

of the Plan.

1.31 Pension Plan No. 5.

The term “Pension Plan No. 5” shall mean the Electrical Contractors’ Association and Local

Union 134 I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 5.

1.32 Pensioner.

The term “Pensioner” shall mean any person who is currently receiving a Pension.

9

1.33 Plan.

The term “Plan” shall mean the Electrical Contractors Association and Local Union 134

I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 2.

1.34 Plan Year.

The term “Plan Year” shall mean the 12-month period ending June 30.

1.35 Preretirement Enhanced Surviving Spouse Pension.

The term “Preretirement Enhanced Surviving Spouse Pension” shall mean an annuity for the life

of the Participant’s Qualifying Spouse where the Participant predeceases the Spouse prior to his

Retirement and where the requirements of Sections 5.02 and 5.03 are met.

1.36 Qualified Joint and Survivor Pension.

The term “Qualified Joint and Survivor Pension” (“QJSP”) shall mean the default Pension

benefit payable to an eligible married Participant and his Spouse unless an optional form of

payment is elected.

(a) Standard QJSP.

(i) Eligibility.

A Participant who commences a Pension benefit on or after January 1,

1976 is eligible for the Standard QJSP if he meets the following conditions

as of his Annuity Starting Date.

(A) The Participant is vested.

(B) The Participant is married to a Non-Qualifying Spouse or to a

Qualifying Spouse who is not entitled to an Enhanced QJSA.

(ii) Amount.

The monthly amount of the Standard QJSP is a reduced monthly annuity

for the life of the Participant with payment continuing upon the death of

the Participant for the life of his Non-Qualifying Spouse in an amount

equal to 50% of the amount of the reduced monthly annuity payable while

the Participant was living. The Standard QJSP shall be the Actuarial

Equivalent to a Basic Pension payable to the Participant at Retirement.

(b) Enhanced QJSP.

(i) Eligibility.

10

A Participant who commences a Pension benefit on or after June 30, 1981

is eligible for the Enhanced QJSP Pension if he meets the following

conditions as of his Annuity Starting Date.

(A) The Participant accumulated at least 25 years of Eligibility Service

or 10 calendar years with Credited Service.

(B) The Participant is married to a Qualifying Spouse.

(ii) Amount.

The monthly amount of the Enhanced QJSP during the Participant’s life

shall be equal to the monthly amount of the Basic Pension without

adjustment for the additional survivor protection. Upon the death of the

Participant, payments under the Enhanced QJSP shall continue for the life

of the Spouse in an amount equal to 50% of the amount payable while the

Participant was living. However, for the first 120 months of the Spouse’s

entitlement to the survivor benefit under such Enhanced QJSP, the

monthly amount shall be twice the monthly amount otherwise payable.

Notwithstanding the foregoing, if the Spouse is more than five years

younger than the Participant, the survivor benefit under such Enhanced

QJSP shall be reduced to the Actuarial Equivalent of the Pension which

would have been payable under the assumptions that the Participant had

been survived by a Spouse exactly five years younger than the Participant

and the Participant died on his 62nd birthday. Such determination shall be

made before consideration of the temporary 120-month supplement

provided hereunder.

1.37 Qualified Optional Survivor Pension.

The term "Qualified Optional Survivor Pension" (QOSP) shall mean an optional form of

payment for married Participants eligible for a Qualified Joint and Survivor Pension that meets

the requirements of Section 417(g) of the Code. A QOSP is a reduced monthly annuity for the

life of the Participant with payment continuing upon the death of the Participant for the life of his

surviving Spouse in an amount equal to 75% of the reduced monthly annuity payable to the

Participant while the Participant was living. The QOSP shall be the Actuarial Equivalent to a

Basic Pension payable to the Participant at Retirement.

1.38 Qualified Preretirement Survivor Pension.

The term “Qualified Preretirement Survivor Pension” (“QPSP”) shall mean an annuity for the

life of the Participant’s surviving Spouse where:

(a) The Participant predeceases the Spouse prior to his Retirement; and

(b) Where the requirements of Section 5.01 are met.

11

1.39 Qualifying Spouse.

The term “Qualifying Spouse” shall mean the Spouse of a Plan 2 or Plan 4 Participant not legally

separated from such Participant as of the Annuity Starting Date and continuously married to such

Participant for at least five years immediately prior to the last date on which the Participant

earned Credited Service or had an Excused Absence under the Plan or earned Credited Service

under Another Plan. The term “Qualifying Spouse” shall not apply to a Spouse of a Plan 6

Participant under any circumstances.

1.40 Qualified Domestic Relations Order.

The term “Qualified Domestic Relations Order” (“QDRO”) shall mean an order that meets the

requirements of Section 206(d)(3) of ERISA and Section 414(p) of the Internal Revenue Code.

1.41 Retirement.

The term “Retirement” shall mean the permanent cessation of Industry Employment for reasons

other than death after a Participant is vested in accordance with Section 2.03.

1.42 Spouse.

The term “Spouse” shall mean a person who is a husband or a wife of a marriage that was legally

entered into in a jurisdiction that recognizes said marriage. This term shall apply to same-sex

couples who were legally married in a jurisdiction that recognizes same-sex marriages.

1.43 Surviving Child Pension.

The term “Surviving Child Pension” shall mean the Pension payable to an eligible surviving

child of a Participant.

1.44 Trust.

The term “Trust” shall mean the fund established pursuant to the Trust Agreement for the Plan.

1.45 Trust Agreement.

The term “Trust Agreement” shall mean the Amended Agreement and Declaration of Trust,

creating the Electrical Contractors Association and Local Union 134 I.B.E.W. Joint Pension

Trust of Chicago, entered into on October 19, 1965, as amended from time to time and most

recently restated November 30, 1999.

1.46 Trustees.

The term “Trustees” shall mean the persons designated as such in accordance with the Trust

Agreement.

12

1.47 Union.

The term “Union” shall mean Local Union 134, International Brotherhood of Electrical Workers.

1.48 Other Terms.

Additional terms are defined in other Sections of the Plan as follows:

Terms Section

Carryover Hours of Service .............................................................................. 2.02

Early Retirement Window Benefits ..................................................................App. F

Original Plan Pension .......................................................................................App. B

Prior Service Credits .........................................................................................2.02

Restricted Employee .........................................................................................9.02

Retroactive Annuity Starting Date ....................................................................4.07

Separate Interest Approach ...............................................................................4.10

Conforming Contribution Rate……………………………………………. 4.01

Non-Conforming Contribution Rate………………………………………. 4.01

13

ARTICLE 2 – PARTICIPATION, SERVICE AND VESTING

2.01 Participation.

An Employee shall become a Participant under the Plan as of the date the first contribution is

required to be made to the Plan on his behalf under the provisions of any Agreement.

Additionally, Employees who were participants in Plan No. 4 or Plan No. 6 on June 30, 2012,

became Participants in the Plan on July 1, 2012.

2.02 Eligibility Service and Credited Service.

(a) Prior Service Credits.

(i) Credits Before the ERISA Effective Date.

Eligibility and benefits accrued prior to the ERISA Effective Date are called Prior

Service Credits. Prior Service Credits are determined under the provisions of the

Plan in effect on December 31, 1975 (the “1975 Plan”), subject to the following

exceptions for Plan 2 Participants:

(A) No Prior Service Credits for Plan 2 Participants under the 1975 Plan shall

be canceled due to a Break In Service provided that such person (A) was

an Active Participant on or after January 1, 1998, and (B) earned 10 or

more uncanceled years of Prior Service Credits after January 1, 1975.

(B) No Prior Service Credits under the 1975 Plan shall be canceled due to a

Break In Service provided that the Plan 2 Participant:

(1) Had any uncanceled Prior Service Credits under this Plan or

Another Plan as of January 1, 1984;

(2) Applied for a Pension as of July 1, 1984, or later; and

(3) Such person either:

(a) Had 10 or more years of Prior Service Credits as of the date

his service would otherwise be canceled; or

(b) The number of his years without service credits equals the

greater of:

1. Two; or

2. The number of his accrued years with Prior Service

Credits as of the date his service would otherwise

be canceled.

14

(ii) Credits Before the Date an Employer is Required to Make Contributions.

For Plan 2, Plan 4 and Plan 6 Participants, Credits for work prior to the

date contributions are required for an employer who did not become an

Employer until after the ERISA Effective Date shall be determined by the

Trustees. No Prior Service Credit shall be accrued for a Participant until

at least 1,800 hours of contributions are made on his behalf for his work in

Covered Employment.

(b) Future Service Credits.

Eligibility Service earned and Credited Service accrued in calendar years

beginning with 1976 (or if later, the calendar year commencing on or next

following the date a Participant became a Participant in the Plan) shall be

determined as follows, subject to the Plan’s Break in Service Rules:

(i) Eligibility Service.

(A) Plan 2 Participants.

A Plan 2 Participant shall be credited with one year of Eligibility

Service for any such calendar year in which he accrues at least:

(1) 400 Hours of Service in Covered Employment; or

(2) 1,000 Hours of Service (including Hours of Service as

determined for an Excused Absence) in any capacity of

employment with an Employer, provided that any such

employment (other than Covered Employment)

immediately precedes or follows a period of Covered

Employment with the same Employer.

(B) Plan 4 Participants.



(1) 450 Hours of Service in Covered Employment; or

(2) 450 hours for which contributions are required under Plan

5; or

(3) 1,000 Hours of Service as determined for an Excused

Absence; or




15




(C) Plan 6 Participants.



(1) 450 Hours of Service in Covered Employment;

(2) 1,000 Hours of Service including Hours of Service as

determined for an Excused Absence; or







(ii) Credited Service for Plan 2 Participants.

(A) Plan 2 Participants shall receive Credited Service for Hours of

Service in Covered Employed prior to January 1, 2014, as follows:

(1) A Participant shall receive one year of Credited Service for

any such calendar year in which he accrues at least 1,600

Hours of Service in Covered Employment.

(2) A Participant shall receive a partial year of Credited

Service for any such calendar year in which he accrues at

least 400, but fewer than 1,600 Hours of Service in

Covered Employment determined by dividing the number

of Hours of Service in Covered Employment by 1,600.

(B) Plan 2 Participants shall receive Credited Service for Hours of

Service in Covered Employment on or after January 1, 2014, as

follows,

A Participant shall receive Credited Service for any such calendar

year in which he accrues at least 400 hours of Hours of Service in

Covered Employment in an amount determined by dividing the

number of Hours of Service in Covered Employment by 1,600.

(C) Plan 2 Participants shall receive Credited Service for Weeks of

Disability, as follows:

16

A Participant shall receive 40 hours of Credited Service per week

for each week on or after July 1, 1981, for which he receives long-

term disability payments from the Electrical Insurance Trustees or

would have received such payments if the amount payable by the

Social Security Administration did not exceed the amount payable

by the Electrical Insurance Trustees.

(D) Plan 2 Carryover Hours of Service.

Hours of Service earned in each calendar year of Covered

Employment that are in excess of those necessary to earn one year

of Credited Service are called Carryover Hours of Service. The

application of Carryover Hours of Service is as follows:

(1) Carryover Hours of Service Earned Prior to January 1,

2013.

Effective January 1, 2004, all Carryover Hours of Service

will be applied toward earning one year of Credited Service

in the immediately following calendar year. However, all

Carryover Hours of Service not used in the calendar year

immediately following the year in which they were earned

will not carry forward into future years.

Carryover Hours of Service will not be applied toward

Eligibility Service for any calendar year.

(2) Carryover Hours of Service Earned During Calendar Year

2013.

In the event that a Participant does not earn at least one

year of Credited Service as determined under Section

2.02(b)(ii) during calendar year 2014, the Carryover Hours

of Service he earned during calendar year 2013 will be

applied toward earning one year of Credited Service in

calendar year 2014.

Carryover Hours of Service earned during calendar year

2013 will not be applied toward Eligibility Service for

calendar year 2014 or to earn more than one year of

Credited Service during calendar year 2014.

(3) Carryover Hours of Service on or after January 1, 2014.

No Carryover Hours of Service will be credited for Hours

of Service worked in Covered Employment on or after

January 1, 2014.

17

(iii) Credited Service for Plan 4 and Plan 6

Plan 4 and Plan 6 Participants shall receive Credited Service as follows:

(1) A Participant shall receive one year of Credited Service for

any such calendar year in which he accrues at least 1,800

Hours of Service in Covered Employment.

(2) The Participant shall receive a partial year of Credited

Service for any such calendar year in which he accrues at

least 450, but fewer than 1,800 Hours of Service in

Covered Employment determined by dividing the number

of Hours of Service in Covered Employment by 1,800.

2.03 Vesting.

A Participant's right to a Normal Pension or a Deferred Pension shall be vested after the

Participant has either accrued five years of Eligibility Service or has attained Normal Retirement

Age and is an Active Participant.

2.04 Break in Service.

If a Participant incurs a Break in Service and he is not vested in accordance with Section 2.03,

his years of Eligibility Service and Credited Service accrued prior thereto shall be permanently

canceled. A Participant shall incur a Break in Service when the number of his consecutive Break

Years equals the greater of:

(a) The number of his accrued years of Eligibility Service; or

(b) Five.

If a Participant experienced a Break in Service prior to July 1, 1989, under the terms of a prior

Plan document, the above rule shall not affect service previously canceled by such a rule.

2.05 Military Service.

(a) Qualified Military Service.

Notwithstanding any provision of this Plan to the contrary, effective as required

by the Uniformed Services Employment and Reemployment Rights Act of 1994

(“USERRA”), contributions, benefits and service credit with respect to qualified

military service will be provided in accordance with Section 414(u) of the Code.

(b) Eligibility Service and Credited Service for Qualified Military Service.

(i) Requirements for Eligibility Service and Credited Service. A Participant

shall receive Eligibility Service and Credited Service for any period of

qualified military service if both of the following conditions are satisfied:

18

(A) The Participant left Covered Employment to enter the armed forces

of the United States under circumstances entitling the Participant

to reemployment rights under applicable law; and

(B) The Participant reported for Covered Employment during the

period within which his reemployment rights were guaranteed by

law. However, if a Participant in qualified military service dies or

becomes disabled before returning to Covered Employment on or

after January 1, 2007, he will be treated as if he had met the

reemployment requirements under USERRA on the day preceding

death or disability. Eligibility Service and Credited Service will

be determined as if the Participant terminated such employment on

the actual day of death or disability.

(ii) Calculation. For purposes of calculating Eligibility Service and Credited

Service for periods of military service, a Participant shall be deemed to

have 40 Hours of Service of Covered Employment for each week of

qualified military service or, if less, the amount of service for which

benefit accrual is required under applicable federal law.

(c) Contributions for Qualified Military Service.

A Participant must notify the Trustees in writing of his claim for credit for

military service and supply the evidence of such military service to the Trustees

for a determination of his rights. Credit for qualified military service shall be paid

out of the Trust Fund assets, and shall not be charged to individual Employers.

2.06 Reciprocity with Another Plan under the Trust.

A Participant shall be entitled to credit under the Plan for Credited Service under Another Plan to

the following extent:

(a) A Participant shall receive credit for Eligibility Service but not for Credited

Service under the Plan for any period for which he has earned Credited Service

under Another Plan.

(b) The maximum Credited Service a Plan 2 Participant may earn under the Plan

prior to January 1, 2014 for a calendar year in which he accrues both Credited

Service under the Plan and Another Plan shall not exceed one year. Any reduction

required by the preceding sentence shall be made so as to provide maximum

benefit credits for the Participant.

On and after January 1, 2014, the amount of the Credited Service a Plan 2

Participant may earn under the Plan for a calendar year in which he accrues both

Credited Service under the Plan and Another Plan shall be determined in

accordance with Section 2.02(b)(ii).

19

(c) A Participant's aggregate Credited Service under the Plan and Another Plan,

either of which has a limit on the number of years of Credited Service, shall not

exceed that limit, and if both have a limit, the lower limit shall apply. Any

reduction required by the preceding sentence shall be made so as to provide the

maximum benefit credits for the Participant.

(d) A Participant who qualifies for a Pension without application of this Section may

elect that Pension in lieu of the one under this Section.

(e) The provisions of Sections 2.06(c) and (d) do not apply to the Retirement Plan for

International Brotherhood of Electrical Workers Local 134 Employees (the

“Union Staff Plan”). Accordingly, there is no limit on the Credited Service that a

Participant can receive from this Plan as a result of service under the Union Staff

Plan.

20

ARTICLE 3 -- ELIGIBILITY FOR PENSION BENEFIT

3.01 Requirements for Normal Pension.

To be eligible for a Normal Pension, a Participant must:

(a) Cease Industry Employment on or after attaining his Normal Retirement Date;

(b) Be vested under the terms of the Plan; and

(c) File an application for a Pension on a form and in the manner prescribed by the

Trustees.

Payment of a Normal Pension shall commence as of the first day of the month coinciding with or

following the date a Participant has fulfilled all eligibility requirements for a Normal Pension.

3.02 Requirements for Early Pension.

To be eligible for an Early Pension, a Participant must:

(a) File an application for a Pension on a form and in the manner prescribed by the

Trustees; and

(b) Satisfy one of the following conditions:

(i) Accrue a minimum of 10 years of Eligibility Service and cease Industry

Employment after attaining age 55, but before attaining his Normal

Retirement Date; or

(ii) Accrue a minimum of five (5) years of Eligibility Service and cease

Industry Employment after attaining age 62, but before attaining his

Normal Retirement Date.

Payment of an Early Pension shall commence as of the first day of the month coinciding with or

following the date a Participant has fulfilled all eligibility requirements for an Early Pension,

unless the Participant in his application elects to defer the commencement of his Early Pension to

the first day of any subsequent month which precedes or coincides with his Normal Retirement

Date.

21

3.03 Requirements for Disability Pension.

(a) To be eligible for a Disability Pension, a Participant must:

(i) Cease Industry Employment by reason of Disability;

(ii) Have incurred Disability while an Employee;

(iii) Have accrued a minimum of five years of Eligibility Service under the

Plan and an aggregate minimum of 10 years of combined Eligibility

Service in the Plan and Another Plan; and

(iv) File an application for a Disability Pension on a form and in the manner

prescribed by the Trustees.

(v) For purposes of Section 3.03(a)(iii), Eligibility Service under the Union

Staff Plan is deemed Eligibility Service under this Plan.

(b) Payment of a Disability Pension shall commence as of the first day of the month

the Participant is entitled to receive a disability benefit from Social Security,

subject to the following limitations:

(i) The Disability Pension shall not commence prior to the first day of the

month following the date on which the Participant ceased Industry

Employment by reason of Disability.

(ii) No payments shall be made in any month during which the Participant is

receiving disability benefits under any other program financed by an

Employer. However, this does not include Social Security or life benefits

under any plan of the Electrical Insurance Trustees.

(iii) If a Participant's Disability ceases prior to his Normal Retirement Date,

then the Disability Pension shall cease as of the first day of the month in

which Disability ceases.

(iv) The Participant shall submit a completed application to the Trustees within

six months of the Social Security determination. If a Participant fails to

submit an application to the Trustees within the six-month period

commencing on the date Social Security determines him to have a

disability, payment will commence on the first day of the month following

the submission of his application to the Fund.

22

(c) Disability shall be considered to have ended and a Disability Pension shall cease

if the Participant, prior to his Normal Retirement Date, is determined to be no

longer eligible to receive disability insurance benefits under Title II of the Social

Security Act of 1935, or if the Trustees determine that the Participant:

(i) Has engaged in any regular occupation or employment for remuneration or

profit, except for such employment determined by the Trustees to be for

the primary purpose of rehabilitation;

(ii) Has sufficiently recovered, in the opinion of the Trustees based on a

medical examination by a doctor or clinic appointed by the Trustees, to be

able to engage in fulltime employment; or

(iii) Refuses to undergo any medical examination requested by the Trustees,

provided that a medical examination shall not be required more frequently

than twice in any calendar year.

3.04 Requirements for Deferred Pension.

To be eligible for a Deferred Pension, a Participant must:

(a) File an application for a Pension on a form and in the manner prescribed by the

Trustees; and

(b) Meet one of the following conditions:

(i) Accrue a minimum of 10 years of Eligibility Service and cease Industry

Employment prior to attainment of age 55; or

(ii) Accrue a minimum of five (5) years of Eligibility Service and cease

Industry Employment prior to attainment of age 62.

A Participant may elect to have his Deferred Pension commence as of the first day of any month

occurring on or after his 55th

birthday if he has earned 10 years of Eligibility Service, or on or

after his 62nd

birthday if he has earned five years of Eligibility Service. However, the

commencement date may not be: (a) earlier than the first day of the month following the date on

which he files his written application for a Pension or (b) later than the first day of the sixth

month following the date he applied for a Deferred Pension.

3.05 Non-Duplication of Pensions.

A person shall be entitled to only one Pension as a Participant under the Plan. Once a Participant

elects a Pension and form of payment, that Pension election and the form of payment is fixed for

the life of the Participant, except to the extent specifically provided otherwise. However, this

provision does not prevent a person who accrues benefits as a Participant to also receive a

survivor benefit as the Spouse of another Participant.

23

ARTICLE 4-- AMOUNT AND FORM OF BENEFIT

4.01 Normal Pension.

(a) Plan 2 Participants.

A Normal Pension is payable in the form of a Basic Pension commencing as of

the Plan 2 Participant’s Normal Retirement Date. The amount of a Normal

Pension is calculated for different time periods as follows:

(i) For years of Credited Service earned on or after January 1, 2013, the

accrual rate for a Normal Pension is $75.00.

(ii) For years of Credited Service earned prior to January 1, 2013, the accrual

rate for a Normal Pension is determined as follows:

(A) A Plan 2 Participant who meets the requirements of a Normal

Pension commencing on or after January 1, 2008, shall receive a

monthly amount equal to the product of $55.00 multiplied by the

number of his years of Credited Service.

The preceding sentence shall apply to a Plan 2 Participant who

works in Covered Employment on or after July 1, 2007, and earns

both Eligibility Service and Credited Service on or after January 1,

2007.

(B) All other Participants shall receive a benefit in accordance with the

provisions of the Plan in effect on the date the Plan 2 Participant

last earned one year of both Eligibility Service and Credited

Service pursuant to Appendix D.

If benefits are payable pursuant to this Section in a form other than a Basic

Pension or a QJSP with a Qualifying Spouse or if they commence after a Plan 2

Participant's Normal Retirement Age, then the benefits so payable shall be

adjusted to an Actuarial Equivalent amount.

(b) Plan 4 Participants.

A Normal Pension is payable in the form of a Basic Pension commencing as of

the Plan 4 Participant’s Normal Retirement Date. The amount of a Normal

Pension is calculated for different time periods as follows:

24

(i) For Hours of Service earned on or before December 31, 2005, the pension

rate applicable to each year of Credited Service depends on whether the

contribution rate is at the "Conforming Contribution Rate" or at the "Non-

Conforming Contribution Rate.” The Non-Conforming Contribution Rate

shall be any contribution rate less than the Conforming Contribution Rate.

(ii) For Hours of Service after December 31, 2005, a Plan 4 Participant who

meets the requirements for a Normal Pension commencing on or after

January 1, 2006, shall receive a monthly amount equal to the product(s) of

the applicable pension rate(s) shown below for the rate of contribution in

effect for the specific time period, multiplied by the number of his years of

Credited Service at such rate payable in the form of a Basic Pension

commencing as of his Normal Retirement Date.

Time Period Conforming

Contribution Rate Pension

Rate Non-Conforming

Contribution Rate Pension

Rate 2006 $49.00 $39.00 Less than $49.00 $14.00 2007 $64.00 $39.00 Less than $64.00 $14.00 2008 $79.00 $39.00 Less than $79.00 $14.00 2009 $94.00 $39.00 Less than $94.00 $14.00 2010 $109.00 $39.00 Less than $109.00 $7.00

2011 & 2012 $119.00 $39.00 Less than $119.00 $7.00 2013 $139.00 $39.00 Less than $139.00 $7.00 2014 $144.00 $39.00 Less than $144.00 $7.00

A Plan 4 Participant’s Accrued Benefit shall not be reduced by a change in

the rate of contribution made on his behalf.

(iii) For Hours of Service earned on or before December 31, 2005, the pension

rate for a year of Credited Service is shown in Appendix E.

If Pension benefits are paid in a form other than a Basic Pension or a QJSP with a

Qualifying Spouse or if they commence after a Plan 4 Participant's Normal

Retirement Date, then the Pension benefits shall be actuarially adjusted in

accordance with Section 1.03.

(c) Plan 6 Participants.

(i) A Plan 6 Participant who meets the requirements of a Normal Pension

commencing on or after July 1, 1998, shall receive a monthly amount

equal to the product of $29.00 multiplied by the number of his years of

Credited Service, up to ten, plus $35.50 multiplied by the number of his

years of Credited Service, in excess of ten, payable in the form of a Basic

Pension commencing as of his Normal Retirement Date.

The preceding sentence shall apply to a Plan 6 Participant who works in

Covered Employment and earns a year of both Eligibility Service and

25

Credited Service on or after July 1, 1998. All other Participants shall

receive a benefit in accordance with the provisions of the Plan in effect on

the date the Plan 6 Participant last earned one year of both Eligibility

Service and Credited Service.

(ii) A Plan 6 Participant who met the requirements of a Normal Pension

commencing on or after July 1, 1993, but before July 1, 1998, shall

receive a monthly amount equal to the product of $17.85 multiplied by the

number of his years of Credited Service, up to ten, plus $22.10 multiplied

by the number of his years of Credited Service, in excess of ten, payable in

the form of a Basic Pension commencing as of his Normal Retirement

Date.

(iii) A Plan 6 Participant who met the requirements of a Normal Pension

commencing on or after October 1, 1983, and before July 1, 1993, shall

receive a monthly amount equal to the product of $10.50 multiplied by the

number of his years of Credited Service, up to ten, plus $13.00 multiplied

by the number of his years of Credited Service, in excess of ten, payable in

the form of a Basic Pension commencing as of his Normal Retirement

Date.

(iv) If benefits are payable pursuant to this Section in a form other than a Basic

Pension or if they commence after a Participant's Normal Retirement Age,

then the benefits so payable shall be adjusted to an Actuarial Equivalent

amount in accordance with Section 1.03.

4.02 Early Pension.

A Participant who meets the requirements for an Early Pension on or after January 1, 1976

(October 1, 1983 for Plan 6 Participants), shall receive the amount of a Normal Pension,

computed as of the date he meets the eligibility requirements for an Early Pension, but reduced

by one-half of one percent for each month payments are to be made between the first day of the

month coincident with or next following his attainment of age 62 and the date payments begin,

payable in the form of a Basic Pension.

However, if a Participant commences receiving an Early Pension on or after attaining age 62, the

amount of the Early Pension shall be computed as if it were a Normal Pension (i.e., the amount

shall not be reduced for early commencement). If benefits are payable in a form other than a

Basic Pension or a QJSP with a Qualifying Spouse, then benefits so payable shall be adjusted to

an Actuarial Equivalent amount.

4.03 Disability Pension.

(a) Plan 2 and Plan 4 Participants.

A Plan 2 and Plan 4 Participant who meets the requirements for a Disability

Pension on or after January 1, 1976, shall receive the amount of a Normal Pension

computed as of the date he meets the eligibility requirements for a Disability

26

Pension, payable in the form of a Basic Pension or a QJSP with a Qualifying

Spouse.

(b) Plan 6 Participants.

A Plan 6 Participant who meets the requirements for a Disability Pension on or

after October 1, 1983, shall receive the amount of a Normal Pension computed as

of the date he meets the eligibility requirements for a Disability Pension, payable

in the form of a Basic Pension.

4.04 Deferred Pension.

(a) Plan 2 Participants.

A Participant who meets the requirements for a Deferred Pension shall receive the

amount of an Early Pension, payable in the form of a Basic Pension. If benefits

are payable in a form other than a Basic Pension or a QJSP with a Qualifying

Spouse, then benefits so payable shall be adjusted to an Actuarial Equivalent

amount. The amount of such Early Pension shall be based on the Plan in effect at

the time a Participant terminates Covered Employment.

(b) Plan 4 and Plan 6 Participants.

(i) Termination of Covered Employment on or after July 1, 1997 (July 1,

1998 for Plan 6 Participants).

A Deferred Pension shall be paid in the amount of an Early Pension in the

form of a Basic Pension if the Participant is unmarried, or a QJSP if the

Participant is married, unless a valid election is made in accordance with

4.07 in which case he may receive such Pension in the form of a Basic

Pension.

(ii) Termination of Covered Employment prior to July 1, 1997 (July 1, 1998

for Plan 6 Participants).

A Deferred Pension shall be paid in the amount and form available under

the Plan in effect as of the last date of Covered Employment.

4.05 Calculation of Monthly Pension Amount for an Interruption of Credited Service or

Reciprocity with Another Plan.

(a) Interruption of Credited Service Prior to Pension Commencement for Plan 2

Participants.

(i) If a Participant’s Credited Service is interrupted by a period of two

consecutive Break Years, and either does not resume earning Credited

Service prior to Retirement or does not satisfy the requirements set forth in

Section 4.05 (a)(ii) or (a)(iii), the monthly amount of his Pension upon

27

subsequent Retirement shall be calculated based upon the Credited Service

determined separately for his:

(A) Credited Service prior to any period of two consecutive Break

Years; and

(B) Credited Service for each and any period following two

consecutive Break Years.

In each case, the calculation shall be based upon the Plan in effect on the

date the Participant last earned Credited Service applicable to each period

(including any increase provided under a Plan amendment which would

have applied to the Participant's previous Credited Service had he not

resumed such Credited Service).

(ii) If a Participant had Credited Service interrupted by a period of at least two

consecutive Break Years and he resumes earning Credited Service before

August 15, 2004, and earns Eligibility Service and any Credited Service

after that date, the monthly amount of his Pension upon subsequent

Retirement shall be based upon the Plan in effect on the last date he earned

Credited Service.

(iii) If a Participant had Credited Service interrupted by a period of at least two

consecutive Break Years and resumed earning Credited Service on or after

August 15, 2004, and earns at least two years of Credited Service within

36 months after the date he resumes earning Credited Service, the monthly

amount of his Pension upon subsequent Retirement shall be based upon

the Plan in effect on the last date he earned Credited Service.

(iv) If the Participant ceased earning Credited Service before receiving

Pension payments but did not incur two or more consecutive Break Years,

the monthly amount of his Pension shall be based on the Plan in effect on

the last date he earned Credited Service.

(v) If a Participant: (A) received a Disability Pension, (B) resumed earning

Credited Service prior to his Normal Retirement Date within 12 months

after his Disability ceased and (C) accrued one year of Eligibility Service

for the calendar year in which his Disability ceased (or the succeeding

calendar year), the monthly amount of the Pension shall be based upon the

Plan in effect on his last Retirement date.

(b) Interruption of Credited Service Prior to Pension Commencement for Plan 4 and

Plan 6 Participants.

(i) If a Participant’s Credited Service is interrupted by a period of two

consecutive Break Years, the monthly amount of his Pension upon

subsequent Retirement shall be calculated based upon the Credited Service

determined separately for his:

28

(A) Credited Service prior to any period of two consecutive Break

Years; and

(B) Credited Service for each and any period following two

consecutive Break Years.

In each case, the calculation shall be based upon the Plan in effect on the

date the Participant last earned Credited Service applicable to each period

(including any increase provided under a Plan amendment which would

have applied to the Participant's previous Credited Service had he not

resumed such Credited Service).

(ii) If the Participant ceased earning Credited Service before receiving

Pension payments but did not incur two or more consecutive Break Years,

the monthly amount of his Pension shall be based on the Plan in effect on

the last date he earned Credited Service.

(iii) If a Participant: (A) received a Disability Pension, (B) resumed earning

Credited Service prior to his Normal Retirement Date within 12 months

after his Disability ceased and (C) accrued one year of Eligibility Service

for the calendar year in which his Disability ceased (or the succeeding

calendar year), the monthly amount of the Pension shall be based upon the

Plan in effect on his last Retirement date.

(c) Reciprocity with Another Plan for Plan 2, Plan 4 and Plan 6 Participants.

In calculating a Participant's Pension under Article 4, the applicable Pension rate

shall be based upon the contribution rate in effect upon the Participant's

termination of Covered Employment for which contributions are made to the Plan

or Another Plan, whichever occurs later.

4.06 Benefit Forms.

The Pension payable to a Participant under the Plan shall be paid as follows:

(a) Basic Pension for Participants Who Are Not Married. The benefit of a Participant

who is not married on the date payment of his Pension benefit commences shall

be paid in the form of a Basic Pension.

(b) Qualified Joint and Survivor Pension for Married Participants. Benefits payable

to a married Participant who has not elected an optional benefit form with the

requisite spousal consent shall be paid as a Qualified Joint and Survivor Pension

(“QJSP”).

(c) Optional Benefit Forms. In lieu of the QJSP, a married Participant may, upon

satisfying the requirements of Section 4.07, elect payment of his benefit in the

form of a Basic Pension or a Qualified Optional Survivor Pension (“QOSP”).

29

4.07 Notice and Election of Benefit Form.

(a) Notice of Benefit Options.

During the period beginning 180 days prior to the Participant’s Annuity Starting

Date and ending on the day prior to such Annuity Starting Date, the Trustees shall

furnish the Participant with information concerning the QJSP and QOSP benefit

form and his right to request optional benefit forms from the Plan, if any. Such

information shall contain a written explanation of:

(i) The terms and conditions of the QJSP and QOSP;

(ii) The Participant's right to elect the optional benefit form, the effect of such

election and the material features and relative financial values of the

optional forms of benefit;

(iii) The necessity for the Participant's Qualifying or Non-Qualifying Spouse to

consent to the election of an optional benefit form; and

(iv) The Participant's right to revoke an election of an optional benefit form

and the effect of such revocation.

The written explanation described above may be given after the Annuity Starting

Date for Participants who have already reached their Normal Retirement Date,

effective for any Annuity Starting Date occurring in Plan Years beginning after

December 31, 2005.

The Pension distribution to the Participant shall not commence less than 30 days

after the date the written explanation is furnished; however, the Participant may

make an affirmative written election to waive the 30-day minimum waiting period

described above provided that such distribution commences more than seven days

following the date on which the written explanation is provided to the Participant.

(b) Delayed Benefit Commencement.

If the Participant has already reached his Normal Retirement Date, such

Participant may affirmatively elect in writing, under procedures established by the

Plan, to use a Retroactive Annuity Starting Date in lieu of receiving an actuarially

increased Pension benefit. For purposes of the Plan, the term "Retroactive

Annuity Starting Date" shall have the meaning set forth in Treas. Reg. §1.417(e)-

1(b)(3)(iv)(B). Pension benefits provided to a Participant who affirmatively elects

in writing to use a Retroactive Annuity Starting Date shall be made in accordance

with Treas. Reg. §1.417(e)-1(b) and shall meet all the applicable requirements set

forth therein.

(c) Timing and Election of Benefit Form.

30

A Participant’s election of a benefit form must be made no more than 180 days

prior to the Annuity Starting Date and no more than 60 days after the Annuity

Starting Date. Such election shall be in writing on forms approved by and filed

with the Trustees and shall clearly indicate the benefit form selected by the

Participant.

However, a Participant with a Qualifying or Non-Qualifying Spouse may not elect

an optional benefit form unless the Participant's Spouse consents to such election

in accordance with the following requirements. Such spousal consent shall be in

writing, witnessed by a notary public, and filed with the Trustees acknowledging

the effect of the election. In the event that at the time of filing such election, the

Participant establishes to the satisfaction of the Trustees that: (i) the consent of the

Spouse could not be obtained because there is no Spouse; or (ii) such Spouse

could not be located; or (iii) by reason of other circumstances as may be presented

by regulations; spousal consent shall not be required.

(d) Change in Election.

(i) Prior to the Commencement of Benefits. A Participant may revoke any

benefit form selected during the election period by filing a subsequent

written election, with spousal consent if necessary, prior to the end of the

election period.

(ii) General Rule After Payments Commence. A Participant may not make an

election to change the benefit form after he has commenced receiving

payment of his benefits under this Plan.

(iii) Changing Election from a Disability Pension to a Normal Pension. A

Participant who begins to receive a Disability Pension prior to attaining

Normal Retirement Age must elect to either continue his Disability

Pension or change his benefit form, effective as of the first month

following the Participant's attainment of Normal Retirement Age.

The Disability Pension will be suspended until the Participant makes the

election described herein and shall be reinstated following the date the

Participant makes such an election. The election shall be effective

retroactive to the month in which the Disability Pension had been

suspended.

If a Participant who is married at the time he attains Normal Retirement

Age elects to continue his benefit form upon attaining Normal Retirement

Age, then his Spouse must consent in writing to the election of the

continuation of the benefit form. Such spousal consent must be made

during the 180-day period immediately preceding the date that payment of

the Participant's Disability Pension continues or resumes after Normal

Retirement Age, be witnessed by a notary public and filed with the

Trustees.

31

If the Participant elects to change his benefit form upon attaining Normal

Retirement Age, then the following conditions shall apply:

(A) The Pension benefit of a Participant who is receiving a Disability

Pension and who has a Qualifying Spouse or Non-Qualifying

Spouse at the time he attains Normal Retirement Age shall be in

the form of a QJSP, unless he elects the optional benefit form in

accordance with Section 4.06(c).

(B) The Pension benefit of a Participant who is receiving a Disability

Pension and who is unmarried at the time he attains Normal

Retirement Age shall be in the form of a Basic Pension.

4.08 Effect of Death on Form of Benefit.

(a) Death of Spouse.

If a Participant’s Spouse predeceases the Participant prior to the Participant’s

Annuity Starting Date, the Participant’s Pension benefit shall be paid in the form

of a Basic Pension.

A Participant whose monthly Pension benefits are reduced to pay for the survivor

protection provided in the QJSP and the QOSP will not have such monthly

amount increased if the Participant’s Spouse predeceases the Participant after the

Participant’s Annuity Starting Date.

(b) Death of Participant. If the Participant dies before Pension payments commence,

no Pension shall be payable to his surviving Spouse pursuant to this Section, and

any survivor benefits payable to the Spouse shall be determined under Article 5.

4.09 Required Distributions.

(a) Benefit Commencement. Anything herein to the contrary notwithstanding, a

Participant's benefit payments shall commence not later than the April 1 following

the calendar year in which the Participant attains age 70-1/2 years, regardless of

his employment status. If the Participant fails to file an application with the

Trustees, his benefits will commence in accordance with procedures adopted by

the Trustees. Notwithstanding any other provision of the Plan to the contrary, the

Plan will apply the regulations concerning the minimum distribution requirements

of Code Section 401(a)(9) that were proposed in 1987 with respect to distributions

made for Plan Years beginning before January 1, 2003, and will apply the final

regulations under Code Section 401(a)(9) with respect to distributions made for

Plan Years beginning on or after January 1, 2003. All distributions under the Plan

will meet the requirements of Treas. Reg. 1.401(a)(9)-2 through 1.401(a)(9)-9,

including the incidental benefit requirements of Section 401(a)(9)(G) of the Code.

(b) Additional Benefits. If a Participant who is required to commence receipt of his

Pension benefit (as set forth in this Section) continues to work in Covered

32

Employment after such benefit commencement date, the Participant's Pension

benefit will be increased effective as of the first day of each calendar year to

reflect the additional Credited Service earned, if any, in the immediately

preceding calendar year.

4.10 Qualified Domestic Relations Orders.

Notwithstanding Section 7.03 or any other provision of the Plan, benefits shall be paid in

accordance with a Qualified Domestic Relations Order (“QDRO”) and with written procedures

adopted by the Trustees for compliance with such Qualified Domestic Relations Orders. Such

documents shall be binding on all Participants, beneficiaries and other parties.

Upon receipt of a domestic relations order issued by a court of competent jurisdiction with

respect to a Participant's interest in the Plan, the Trustees shall determine whether such domestic

relations order constitutes a QDRO. If the Trustees determine that the domestic relations order

is a QDRO, an alternate payee as defined in Code Section 4l4(p)(8) may receive distributions in

a manner and over a period otherwise payable by the Plan.

(a) Multiple QDROs. Any rights of a former Spouse or other alternate payee under a

QDRO, shall take precedence over those of any later Spouse of the Participant

under this Section.

(b) No Increase in Benefits. In no event shall the existence or enforcement of a

Qualified Domestic Relations Order cause the Fund to pay benefits with respect to

a Participant in excess of the Actuarial Present Value of the Participant’s benefits

without regard to the QDRO, and benefits otherwise payable under the Plan shall

be reduced by the Actuarial Present Value of any payment required pursuant to a

QDRO.

(c) Measuring Life. An alternate payee who is assigned a benefit by a Qualified

Domestic Relations Order may receive the assigned benefit in a form payable for

the Participant’s life or for the life of the alternate payee. In the event a QDRO

creates a separate interest for the alternate payee, such benefits payable to the

alternate payee shall be actuarially adjusted to reflect any age difference between

the Participant and the alternate payee.

In the event the QDRO is either silent or determined by the Trustees to be unclear

on any of the following topics, the Plan shall pay benefits in accordance with the

following assumptions:

(i) Separate Interest Approach. If the QDRO is either silent or unclear as to

whether the alternate payee’s benefit is to be payable for the Participant’s

life or the life of the alternate payee, the benefits shall be payable under

the Plan to the alternate payee for the life of the alternate payee (“Separate

Interest Approach”). Any actuarial adjustment that may be necessary to

convert the alternate payee’s benefits to his/her own lifetime shall be

applied to the alternate payee’s benefits.

33

(ii) Death of Alternate Payee in QDRO where Separate Interest Approach

Used. If the alternate payee predeceases the Participant before

commencing his/her benefits, the alternate payee’s portion of the

Participant’s benefits shall revert to the Participant. If the alternate payee

predeceases the Participant after the alternate payee commences benefits,

the alternate payee’s portion of benefits shall cease, do not revert to the

Participant and shall no longer be payable to anyone.

(iii) Treatment of Alternate Payee as Surviving Spouse for Purposes of

Determining Survivor Benefits. For the purposes of determining survivor

benefits under the Plan and in accordance with Sections 401(a)(11) and

417 of the Code, a former Spouse shall be treated as the surviving Spouse

(and any Spouse of the Participant shall not be treated as a Spouse of the

Participant for such purposes) so long as the former Spouse is designated

as the surviving Spouse in a QDRO and the Participant and the former

Spouse were married for at least one year.

34

ARTICLE 5 -- SURVIVOR BENEFITS

5.01 Qualified Preretirement Survivor Pension if Participant Dies Before Pension

Commences.

If a Participant, who is vested under the Plan, dies prior to the date his Pension commences and

is survived by a Spouse who was continuously married to the Participant for one year or more on

the date of his death, his Spouse shall be entitled to receive a Qualified Preretirement Survivor

Pension (“QPSP”) as follows:

(a) Death After Age 55. The QPSP payable with respect to a Participant who dies

after attaining age 55 shall be the amount which would have been payable to his

Spouse under the QJSP described in Article 4, calculated as if the Participant had

begun to receive an Early Pension in the form of a QJSP as of the day before the

Participant's date of death.

(b) Death On or Before Age 55. The QPSP payable with respect to a Participant who

dies on or before the Participant's 55th

birthday shall be a monthly amount for the

life of the surviving Spouse equal to the amount which would have been payable

to the Spouse under the QJSP described in Article 4, calculated as if the

Participant had:

(i) Terminated his Covered Employment on his date of death or his actual

date of termination of Covered Employment, if earlier;

(ii) Survived to his 55th

birthday;

(iii) Died on the day after his 55th

birthday; and

(iv) Retired with an Early Pension payable in the form of a QJSP at age 55 (or

if the Participant: (A) was a Plan 4 Participant at the time of retirement,

(B) terminated Covered Employment before July 1, 1993, and (C) had

fewer than 450 Hours of Service in 1992 or 1993, retired with a Deferred

Pension payable in the form of a QJSP);

(c) Commencement of Benefit. The QPSP provided under this Section shall

commence as follows:

(i) Unless the surviving Spouse elects payment at a later date, the QPSP, with

respect to a Participant who dies on or before the date he attains age 55,

shall be paid to the Participant's surviving Spouse beginning on the first

day of the month coinciding with or immediately following the date the

Participant would have attained age 55, if he had survived.

(ii) The QPSP payable with respect to a Participant who dies after he attained

age 55 shall begin as of the first day of the month following the month the

Participant died. The surviving Spouse may elect to delay the

35

commencement of payments to a date not later than the date the

Participant would have attained age 70-1/2.

(d) Form of Payment. The surviving Spouse shall receive payment of the QPSP in

the form of a Basic Pension.

(e) Duration of Payment. Benefits will commence the first day of the month

following submission by the Spouse of a completed application for preretirement

Pension payments. The last payment under the QPSP shall be made as of the first

day of the month in which the Spouse receiving the benefit dies.

5.02 Preretirement Enhanced Surviving Spouse Pension for Plan 2 Participants.

(a) Eligibility for Preretirement Enhanced Surviving Spouse Pension. A

Preretirement Enhanced Surviving Spouse Pension is an enhanced benefit under

the Plan that is available to a Qualifying Spouse of a Plan 2 Participant under the

following circumstances.

(i) The Preretirement Enhanced Surviving Spouse Pension is payable where

the Plan 2 Participant dies after June 30, 1981, and at the time of his death

he:

(A) Was receiving a Disability Pension which commenced after June

30, 1981; or

(B) Had not started receiving Pension payments after accumulating at

least 25 years of Eligibility Service or 10 calendar years of

Credited Service.

(ii) To be eligible for a Preretirement Enhanced Surviving Spouse Pension on

or after January 1, 1976, the Qualifying Spouse of a Plan 2 Participant

must:

(A) Not already be receiving a survivor Pension under the Plan, unless

waived; and

(B) File a written application for the Preretirement Enhanced Surviving

Spouse Pension on a form and in a manner prescribed by the

Trustees.

If a surviving Spouse satisfies the eligibility requirements for both a Preretirement

Enhanced Surviving Spouse Pension and a QPSP, then the surviving Spouse shall

receive whichever benefit is greater, but shall not receive more than one form of

benefit from the Plan.

(b) Timing and Amount of Preretirement Enhanced Surviving Spouse Pension.

36

Payment of a Preretirement Enhanced Surviving Spouse Pension shall commence

as of the first day of the month following the Plan 2 Participant's death. The last

payment thereof shall be made as of the first day of the month in which the

Spouse receiving the benefit dies.

The Preretirement Enhanced Surviving Spouse Pension shall be one-half of the

Pension which the Plan 2 Participant was actually receiving or would have

received had he retired by reason of Disability prior to his death. However, if the

Spouse is more than five years younger than the Plan 2 Participant, the

Preretirement Enhanced Surviving Spouse Pension shall be reduced to the

Actuarial Equivalent of the Pension which would have been payable under the

assumptions that the Plan 2 Participant had been survived by a Spouse exactly

five years younger and had died on his 62nd

birthday, such determination to be

made before consideration of the temporary 120-month supplement provided

hereunder.

If the Plan 2 Participant did not receive a Pension which commenced prior to July

1, 1981, and had accrued Credited Service under the Plan or Another Plan in at

least one calendar year after 1971, the Preretirement Enhanced Surviving Spouse

Pension payable the first 120 months of the Spouse's entitlement to such Pension

shall be twice the monthly amount otherwise provided herein above.

5.03 Preretirement Enhanced Surviving Spouse Pension for Plan 4 Participants.

(a) Eligibility for Preretirement Enhanced Surviving Spouse Pension. A

Preretirement Enhanced Surviving Spouse Pension is an enhanced benefit under

the Plan that is available to a Qualifying Spouse of a Plan 4 Participant under the

following circumstances:

(i) The Preretirement Enhanced Surviving Spouse Pension is payable where

the Plan 4 Participant dies after December 31, 1982, and at the time of his

death he:

(A) Was receiving a Basic Pension which commenced after December

31, 1982 and before February 1, 2006; or

(B) Had not started receiving Pension payments after accumulating at

least 25 years of Eligibility Service or 10 calendar years of

Credited Service.

(ii) To be eligible for a Preretirement Enhanced Surviving Spouse Pension on

or after January 1, 1983, the Qualifying Spouse of a Plan 4 Participant

must:

(A) Not already be receiving a survivor Pension under the Plan, unless

waived; and

37

(B) File a written application for the Preretirement Enhanced Surviving

Spouse Pension on a form and in a manner prescribed by the

Trustees.

If a surviving Spouse satisfies the eligibility requirements for both a Preretirement

Enhanced Surviving Spouse Pension and a QPSP, then the surviving Spouse shall

receive whichever benefit is greater, but shall not receive more than one form of

benefit from the Plan.

(b) Timing and Amount of Preretirement Enhanced Surviving Spouse Pension.

Payment of a Preretirement Enhanced Surviving Spouse Pension shall commence

as of the first day of the month next following the Plan 4 Participant's death. The

last payment thereof shall be made as of the first day of the month in which the

Spouse receiving the benefit dies.

The Preretirement Enhanced Surviving Spouse Pension shall be one-half of the

Pension which the Plan 4 Participant was actually receiving or would have

received had he retired by reason of Disability prior to his death (unless the

Participant: (i) terminated Covered Employment before July 1, 1993 and (ii) had

fewer than 450 Hours of Service in 1992 or 1993, in which case the Preretirement

Enhanced Surviving Spouse Pension shall be one-half of the Deferred Pension

which the Participant was actually receiving or would have received had he

retired and commenced receiving a Deferred Pension prior to his death).

However, if the Spouse is more than five years younger than the Participant, the

Preretirement Enhanced Surviving Spouse Pension shall be reduced to the

Actuarial Equivalent of the Pension which would have been payable under the

assumptions that the Participant had been survived by a Spouse exactly five years

younger and had died on his 62nd

birthday, such determination to be made before

consideration of the temporary 120-month supplement provided hereunder.

If the Plan 4 Participant did not receive a Pension which commenced prior to

January 1, 1983, and had accrued Credited Service under the Plan or Another Plan

in at least one calendar year after 1971, the Preretirement Enhanced Surviving

Spouse Pension payable the first 120 months of the Spouse's entitlement to such

Pension shall be twice the monthly amount otherwise provided herein above.

5.04 Death after Payment of a Disability Pension.

If the Participant had been receiving a Disability Pension at the time of his death, the

Participant's surviving Spouse may be eligible to receive a QPSP (or a Preretirement Enhanced

Surviving Spouse Pension if eligible under Section 5.02 or 5.03 above) if they otherwise meet

the eligibility requirements for such benefits and if each of the following conditions are met:

(a) The Participant dies after his Disability Pension commences; and

(b) The Participant dies prior to making an election at Normal Retirement Age as

provided in Article 4.

38

5.05 Surviving Child Pension.

(a) Requirements for Surviving Child Pension.

A Surviving Child Pension is payable if an eligible Plan 2 or 4 Participant has an

eligible child at the time of the triggering event. A Surviving Child Pension is not

payable to a child of a Plan 6 Participant under any circumstances.

(i) A Participant qualifies as an eligible Participant if each of the following

conditions are met:

(A) The Participant is a Plan 2 or Plan 4 Participant.

(B) The Participant must have at least 25 years of Eligibility Service or

10 calendar years with Credited Service uninterrupted by a Break

in Service. However, for triggering events that occurred prior to

July 1, 2009, a Plan 4 Participant must have had at least 10 years of

Eligibility Service uninterrupted by a Break in Service.

(C) The Participant must not have received a Pension prior to

September 1, 1971.

(ii) A person is an eligible child if each of the following conditions are met:

(A) The person is the Participant’s child, other than a foster child or

stepchild; and

(B) The person is under age 22 at the time of the triggering event.

(iii) A Surviving Child Pension is payable if either of the following triggering

events occurs:

(A) The eligible Participant dies and no Preretirement Enhanced

Surviving Spouse Pension, QJSP, or QPSP is payable; or

(B) The Spouse of an eligible Participant dies while entitled to a

Preretirement Enhanced Surviving Spouse Pension, QJSP, or

QPSP.

An eligible child or his legal representative shall file an application for a

Surviving Child Pension on a form and in a manner prescribed by the Trustees.

Payment of a Surviving Child Pension shall be made commencing as of the first

day of the month next following the date of death of the Participant or his

surviving Spouse, whichever applies. Each surviving eligible child of the

Participant, if any, shall be entitled to a pro rata share of the Surviving Child

Pension. The last payment thereof shall be made on the first day of the month in

which the eligible child reaches his 22nd

birthday.

39

(b) Amount of Surviving Child Pension.

The monthly amount payable as a Surviving Child Pension shall be equal to the

monthly amount of the applicable Enhanced Preretirement Surviving Spouse

Pension which would have been payable had the Participant been survived by a

Spouse of the same age. For any month for which a Surviving Child Pension is

payable, each eligible child's share of the Surviving Child Pension shall be

determined by dividing the monthly amount thereof by the number of children

then eligible to receive such Pension.

(c) Recipient of Surviving Child Pension.

Any reference to the legal representative of an eligible child shall also mean the

natural guardian or the person having custody of the eligible child, as well as the

eligible child in the case where he attains legal majority.

40

ARTICLE 6 -- REEMPLOYMENT AFTER RETIREMENT

6.01 Suspension of Pension Benefits.

Suspension of Pension benefits for a month means non-entitlement to Pension benefits for the

month.

(a) Suspension Prior to Normal Retirement Age.

A Participant shall not be entitled to any Pension during a period in which he

works in Industry Employment prior to attaining Normal Retirement Age.

(b) Suspension After Attainment of Normal Retirement Age.

After a Participant attains Normal Retirement Age, he shall not be entitled to any

Pension during a period of employment in which he works in Industry

Employment for 40 or more hours in a month (either a calendar month or the

Employer's four or five-week payroll month), except as provided in this Article 6.

6.02 Offset Rules.

Any payments erroneously made during a period of suspension as provided in Section 6.01 shall

be recovered through deductions from future Pension payments to be made to or on behalf of the

Participant or by direct reimbursement from the Participant. The Trustees may assess compound

interest at the ‘applicable interest rate’ based on the 30-Year Treasury Rate as set by the United

States Department of Treasury on the first business day of each Plan Year per annum on such

erroneous payments that are made by the Trustees due to a Participant's fraudulent

misrepresentation(s). Deductions from future Pension payments shall equal 100% of the

monthly Pension payments made prior to Normal Retirement Age.

After attainment of Normal Retirement Age, such deductions shall not exceed 25% of the

Pension payment. However, for Participants whose benefits resume after Normal Retirement

Age, (1) Pension payments shall resume no later than the third month after the last calendar

month in which the Participant’s Pension benefits were suspended and (2) the initial Pension

payment will be subject to 100% offset.

6.03 Computation of Benefit Payments Following Suspension.

If a Participant’s Pension benefits are suspended after commencement he shall, upon subsequent

Retirement, be entitled to receive a Pension computed as follows:

(a) The monthly amount of his original Pension (including any increase provided

under a Plan amendment which would have applied to the Participant had he not

resumed employment); plus

(b) If any, the monthly amount attributable to the Credited Service which he

accumulated during his period of reemployment, the latter to be based upon the

Plan in effect on his subsequent Retirement date; minus

41

(c) If any, the amounts owed due to an overpayment resulting from reemployment.

6.04 Reemployment for Short Period.

A Pensioner, other than one receiving a Disability Pension, may return to Covered Employment

and continue to receive his Pension during such period of Covered Employment provided he:

(a) Has given the Trustees prior written notification; and

(b) Registers at the referral hall of the Union; and

(c) Does not remain in Covered Employment for more than 240 hours in any calendar

year.

If the suspension of a Pensioner's benefits for a month in which the Pensioner works 40 or more

hours does not begin under Section 6.01 because of the exception to the suspension rules

provided by this Section, and if the Participant subsequently works 240 or more hours in the

calendar year, the Pensioner's benefits shall begin to be suspended in accordance with Section

6.01. In addition, the amount of his benefits when he resumes his Retirement shall be offset by

the value of any benefits paid to him that failed to qualify for this exception from the suspension

rules.

6.05 Notices Under the Suspension Rules.

(a) A Pensioner shall notify the Trustees in writing within 60 days after starting any work

of a type that will or may result in a suspension of benefits under the provisions of the

Plan and without regard to the number of hours of such work.

(b) A Pensioner whose Pension has been suspended shall notify the Trustees when

employment causing the suspension has ended. The Trustees shall have the right to

suspend Pension payments until such notice is filed with the Trustees.

(c) A Participant may ask the Trustees whether a particular employment will cause a

suspension of Pension benefits in a written inquiry. The Trustees shall provide the

Participant with their determination in writing within 90 days.

(d) The Trustees shall notify a Participant of any suspension of his benefits by personal

delivery or first class mail during the first calendar month in which his benefits are

withheld. Such notification shall contain a description of the Plan provision relating

to the suspension of payments, a copy of such provisions, a statement that the

applicable Department of Labor regulations may be found in §2530.203-3 of the

Code of Federal Regulations, the Plan’s Claims Procedures, the applicable offset

information, if any, and the procedures and forms necessary for the Participant to

resume benefits under the Plan.

(e) Review of Suspension Determination. A determination regarding suspension of

Pension benefits under Sections 6.05(c) and (d) will be reviewed upon written request

filed with the Trustees in accordance with the Plan’s Claims Procedures.

42

ARTICLE 7 -- ADMINISTRATION

7.01 Rules and Regulations.

The Trustees may adopt reasonable administrative rules and regulations. The Trustees shall have

discretionary authority to determine eligibility for benefits under the Plan and to construe the

terms of the Plan to the extent provided by such rules and regulations. Benefits under the plan

will be paid only if the Trustees, as plan administrator decide in their discretion that the applicant

is entitled to them.

7.02 Assets of the Trust.

Trust assets shall be conserved, invested and disbursed pursuant to the Trust Agreement and

Plan.

7.03 Alienation of Benefits.

Except as otherwise provided by law, no benefits payable at any time under the Plan shall be

subject, in any manner, to alienation, assignment, attachment, encumbrance, garnishment,

pledge, sale or transfer of any kind.

7.04 Verification of No Employment.

The Trustees may require any Pensioner to submit, from time to time, a statement that the

Pensioner has not engaged in Industry Employment or that the Pensioner is on Disability. If such

statement is not submitted within 60 days after a request is mailed to the last known address of

the Pensioner, payments will be suspended until such statement is submitted and approved by the

Trustees. If the Trustees become aware that a Pensioner is employed during any given month,

they may, unless the Trustees determine in their sole discretion that, it is unreasonable under the

circumstances to do so, act on the basis of a rebuttable presumption that the Pensioner had

worked a period exceeding the Plan's minimum number of hours for that month. If the Trustees

become aware that a Pensioner is employed at a construction site, the Trustees may act on the

basis of a rebuttable presumption that the Pensioner has engaged in such employment for the

same employer working at that site for as long as that employer performed that work at that

construction site.

7.05 Change of Address.

A Pensioner shall inform the Trustees in writing of any change of address. Failure to notify the

Trustees of a change of address may result in any payments due to the Pensioner being held until

he makes a claim for such Pension payments.

7.06 Reliance on Professional Advice.

To the extent permitted by law, the Trustees shall not be liable for action or inaction resulting

from good faith and reliance on professional advice.

43

7.07 Contributions.

No contributions to the Plan may be made by any Employee.

7.08 Payments to Incapacitated Pensioners.

Any Pension payable to a person whom the Trustees determine to be unable by reason of age or

mental or physical incapacity to administer properly such Pension may be paid by the Trustees

for the benefit of such person in any of the following ways as determined by the Trustees:

(a) Directly to the person;

(b) To the legally appointed guardian or conservator of the person;

(c) To the Spouse, parent, child, brother or sister of the person, or to the person

responsible for his welfare, support or maintenance; or

(d) Directly for the support, maintenance and welfare of the person.

However, if prior claim for any amount owing to the Participant is made by his duly qualified

guardian or legal representative, the Trustees shall pay the amount to which the Participant is

entitled to such guardian or legal representative. Any payment made pursuant to this Section in

good faith shall be a payment for the account of the Participant and shall be a complete discharge

from any liability of the Plan and the Trustees.

7.09 Legal Construction.

Except as otherwise provided by federal law, this Plan shall be construed and its validity and

effect shall be determined in accordance with Illinois law. If any provision of the Plan or the

application thereof is held invalid, the invalidity shall not affect other provisions or applications

of the Plan which can be given effect without the invalid provision or application.

7.10 Amendment.

This Plan may be amended at any time by the Trustees, consistent with the provisions of the

Trust Agreement. However, no amendment may decrease the Accrued Benefit of any Participant,

except:

(a) As necessary to establish or maintain the qualifications of the Plan or the Trust

Fund under the Internal Revenue Code and to maintain compliance of the Plan

with the requirements of ERISA; or

(b) If the amendment meets the requirements of Section 302(c)(7) of ERISA and

Section 412(c)(7) of the Internal Revenue Code, or any successor provisions, and

the Secretary of Treasury has been notified of such amendment and has either

approved of it or, within 90 days after the date on which such notice was filed,

failed to disapprove.

44

7.11 Interest in Trust.

No person shall have any right, interest or title to any benefits under the Plan, except as such

right, interest, or title to such benefits shall have been specifically granted by the Plan. All

benefits shall be paid solely out of assets of the Trust. Neither the Union, any Employer, nor the

Trustees shall be personally liable for Pension benefit payments.

7.12 No Authority to Act for Trust.

No person shall have the authority to act for or on behalf of the Trust unless authorized in writing

by the Trustees.

7.13 No Pension While Drawing Other Benefits.

Except as otherwise provided in Section 3.03(b), a Participant shall not be entitled to receive a

Pension payment for any month for which he is receiving any accident and sickness or Disability

benefits under any other program financed by the Employer pursuant to an Agreement.

7.14 Merger, Consolidation or Transfer.

In the case of any merger or consolidation with, or transfer of assets or liabilities to, any other

plan, each Participant shall be entitled to receive a Pension benefit immediately after the merger,

consolidation or transfer which is equal to or greater than the benefit he would have been entitled

to receive immediately before the merger, consolidation or transfer.

7.15 Determination By Trustees Binding.

The Trustees retain discretion to construe the Plan terms and to determine when Plan benefits

will be paid. The Trustees or, where Trustee responsibility has been delegated to others, such

delegates shall have complete authority to determine the standard of proof required in any case

and to apply and interpret the Plan.

Benefits under the Plan will be paid only if the Trustees decide in their discretion that the

Participant or the Participant's beneficiary is entitled to them. The decisions of the Trustees or

their delegates shall be final and binding.

All questions or controversies, of whatsoever character, arising in any manner or between any

parties or persons in connection with the Plan or its operation, whether as to any claim for

benefits, or as to the construction of language or meaning of the Plan or rules and regulations

adopted by the Trustees, or as to any writing, decision, instrument or account in connection with

the operation of the Plan or otherwise, shall be submitted to the Trustees or, where Trustee

responsibility has been delegated to others, to such delegates for decision. The decision of the

Trustees or their delegates shall be binding upon all persons dealing with the Plan or claiming

any benefit hereunder, except to the extent that such decision may be determined to be arbitrary

or capricious by a court having jurisdiction over such matter.

45

7.16 Overpayment to Deceased Participant.

If the Fund Office determines that Pension benefits have been paid to a deceased Participant, the

Fund Office shall make a reasonable and diligent effort to recover the overpayment according to

the following procedures:

(a) Verify that the Participant is deceased by consulting the public death records and

indexes maintained by the state of the Participant’s last residence according to

Fund Office records.

(b) Obtain a certified copy of the Participant’s death certificate from the County

Clerk’s Office, Bureau of Vital Records, or such other office maintained in the

state and county of the Participant’s residence.

(c) Promptly notify the bank in writing that the overpayments were mistakenly

deposited into the account, provide a copy of the death certificate to the bank and

request that the bank initiate a deposit reversal. The Fund Office should also

request information from the bank regarding the unjustly enriched party, i.e.,

name, address, phone number, etc.

(d) If the Fund has the unjustly enriched party’s name, current address, etc., the Fund

should prepare and send a letter to that party and demand repayment within 30

days.

(e) Contact the probate division of the circuit court in the county of the last known

address according to Fund Office records, to determine if a probate estate has

been opened or if a small estate affidavit has been filed.

(ii) If a small estate affidavit was filed, the Fund Office should prepare and

send a letter to the affiant and demand repayment within 30 days.

(iii) In the event that an estate has been opened, the Fund Office should file a

claim against the estate for the amount of the overpayment using the claim

form available from the circuit court.

(f) If the Fund has tried each of the above and has been unsuccessful, and the total

amount of the overpayment is over $2,000.00, the Fund should refer the matter to

counsel for review. In instances where counsel has no recommendation or where

the claim is less than $2,000.00 and the above procedures are unsuccessful, the

Fund Office should write off the amount of overpayment.

7.17 Gender and Headings.

The masculine gender shall be deemed to include the feminine gender. The headings of articles

and sections are included solely for convenience.

46

7.18 Construction.

The rights of a Participant shall be governed by the provisions of the Plan as in effect as of the

date for which the last contribution is made to the Plan on his behalf.

7.19 Non-Reversion.

In no event shall any of the assets of the Trust revert to the Employers or be subject to any claims

of any kind or nature by the Employers, except for the return of an erroneous contribution within

the time limits prescribed by law.

7.20 Limitation of Liability.

The Plan has been established on the basis of an actuarial calculation which has established, to

the extent possible, that the contributions will, if continued, be sufficient to maintain the Plan on

a permanent basis, fulfilling the funding requirements of ERISA and the Pension Protection Act

of 2006 and any successor provisions. Except for liabilities which may result from provisions of

ERISA and the Pension Protection Act of 2006 and any successor provisions, nothing in the Plan

shall be construed to impose any obligations beyond those of the Employer to make

contributions as stipulated in its collective bargaining with the Union.

There shall be no liability upon the Trustees individually, or collectively, upon the Union, or

Employers to provide the benefits established by the Plan, if the Trust does not have assets to

make such payments.

47

ARTICLE 8 – TOP HEAVY PROVISIONS AND MAXIMUM BENEFITS

8.01 Top Heavy Provisions.

The Trustees have concluded that this Plan will never be Top Heavy under the current design.

Should the Top Heavy provisions ever apply, the Plan will conform to the requirements of

Section 416 of the Internal Revenue Code.

8.02 Maximum Benefits.

Notwithstanding anything contained in the Plan to the contrary, the annual retirement benefit

payable to a Participant in the Plan shall be subject to the limitations, adjustments and

requirements (a) set forth in Code Section 415, (b) the final regulations under Code Section 415,

and (c) based on the interest rates applicable to Code Section 415(b)(2)(E)(ii) as provided under

the Pension Funding Equity Act of 2004 and the Pension Protection Act of 2006, all of which

are incorporated herein by reference. In no event shall any annual retirement benefit exceeding

the Code Section 415 limits be accrued, distributed or otherwise payable to any Participant in

any form of benefit at any time.

For purposes of Code Section 415, compensation shall be determined based on wage rates

established in the Agreement as reported to the Plan, to the extent available, or on other records

deemed by the Trustees to be reliable. Information on Participants’ compensation furnished to

the Trustees by an Employer shall be deemed reliable. In addition, the Trustees may rely on

information on compensation furnished by a Participant or beneficiary unless the Trustees

determine that it is not reliable. In no event will compensation in a calendar year exceed the

maximum permitted amount under Section 401(a)(17) of the Internal Revenue Code.

48

ARTICLE 9 -- PLAN TERMINATION

9.01 Right to Terminate.

To the extent permitted by law, the Trustees may discontinue or terminate the Plan in whole or in

part at any time. Upon a partial or complete termination of the Plan, each affected Participant

shall be fully vested in his Accrued Benefit to the extent then funded.

9.02 Restrictions in Event of Termination.

In the event the Plan is terminated, the benefit of any “highly compensated” (as defined in

Internal Revenue Code Section 414(q)) active or former Employee is limited to a benefit that is

nondiscriminatory under Section 401(a)(4) of the Code.

In addition, the benefits payable in any Plan Year to a Restricted Employee shall be limited. A

Restricted Employee is any Employee or former Employee of an Employer who is among the 25

Employees of the Employer who received the largest amount of compensation from the

Employer in the current or any prior year and who is “highly compensated” as defined in Section

414(q) of the Code. The annual benefit payable to a Restricted Employee may not exceed an

amount equal to the payment that would be made on behalf of the Restricted Employee under a

straight life annuity that is the Actuarial Equivalent of the sum of such an Employee's annual

benefit, the Employee's other benefits under the Plan (other than a social security supplement,

within the meaning of Section 1.411(a)-7(c)(4)(ii) of the Income Tax Regulations), and the

amount the Employee is entitled to receive under a Social Security supplement.

The preceding paragraph shall not apply if:

(a) After payment of the benefit to a Restricted Employee, the value of Plan assets

equals or exceeds 110% of the value of current liabilities, as defined in Section

412(l)(7) of the Code;

(b) The value of the benefits for a Restricted Employee is less than 1% of the value of

the current liabilities before distribution; or

(c) The value of the benefits payable under the Plan to a Restricted Employee does

not exceed $5,000.

For purposes of this Section, benefit includes loans in excess of the amount set forth in Section

72(p)(2)(A) of the Code, any periodic income, any withdrawal values payable to a living

Employee or former Employee and any death benefits not provided for by insurance on the

Employee's or former Employee's life.

49

ARTICLE 10 -- CLAIMS PROCEDURE

10.01 Application for Benefits.

Any person entitled to benefits must file a written claim with the Fund Office on forms provided

by the Fund Office. Such claim form shall include all information and evidence the Trustees

deem necessary to properly evaluate the merit of and to make any necessary determinations on a

claim for benefits. The claimant shall be informed of the decision on his claim no later than 90

days from the date such claim is filed with the Fund Office, unless special circumstances require

an extension of time for processing the claim. Written notice of the extension (which shall

indicate the special circumstances requiring an extension of time and the date by which the

rendering of the final decision is expected) shall be furnished to the claimant prior to the

expiration of the initial 90-day period. The extension period shall not exceed 90 days from the

date of the expiration of the initial 90-day period, or 180 days from the date the written claim

was filed.

If notice of the denial of the claim is not furnished within the period of time set forth herein, the

claim shall be deemed to have been denied and the claimant may appeal the denial of the claim.

10.02 Proofs Required.

The Trustees may require, as a condition precedent to the payment of any benefit under the Plan,

such proof as they deem necessary, including but not limited to proof of adoption, birth, death,

dependency, employment, existence and marriage. No benefit shall be payable under the Plan

unless and until such information is furnished.

10.03 Notice of Denied Claim for Benefits.

If a claim for benefits is partially or wholly denied, the claimant will receive a notice that states

the following: (a) the specific reason or reasons for denial; (b) a specific reference to provisions

of the Plan on which the denial is based; (c) a description and explanation of the need for any

additional material or information that the claimant must supply in order to perfect his claim; and

(d) an explanation of the steps that must be taken if the claimant wishes to submit the claim for

review.

10.04 Review of Denied Claim.

The claimant may file a written appeal of the denial of a claim to the Chairman of the Electrical

Insurance Trustees or such of his designated representatives on file in the Fund Office within 60

days from the date the claimant received notice of the denial of the claim; or, if earlier, within 60

days of the date the claim is deemed denied.

In connection with the appeal, the claimant may submit, in writing, issues and comments and

may also request that the claimant be permitted to review relevant documents, free of charge.

The Chairman of the Electrical Pension Trustees (or Board of Trustees) or his designated

representatives may entertain any oral presentation that the claimant or his duly authorized

representative wishes to make or otherwise conduct a hearing.

50

The Trustees will render a decision at the next quarterly meeting of the Board of Trustees.

However, if a request for appeal is received within 30 days of a quarterly meeting, then the

decision may be rendered at the subsequent quarterly meeting. If special circumstances exist,

such as a required hearing, the decision may be delayed until the 3rd

meeting following the date

the Plan receives the request for review. If such an extension of time for review is required, the

claimant shall be provided a written notice of the extension, describing the special circumstances

and the date as of which the benefit determination will be made, prior to the commencement of

the extension.

The written decision shall be provided to the claimant within five days after the benefit

determination is made. If the claim is denied on review, the written notice shall state the

following: (a) the specific reason or reasons for the denial; (b) a specific reference to provisions

of the Plan on which the denial is based; (c) 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 claim for benefits as explained under 29 CFR §2560.503-

1(m)(8); and (d) a statement of the claimant’s rights to bring an action under §502 of ERISA.

Such determination shall be binding on all parties.

10.05 Disability Claims Procedures.

The procedures in this Section shall be followed in the event that the Trustees make a

determination under the Plan as to whether a Participant's Disability has ended and the date on

which such Disability has ended. The Trustees shall notify the claimant of the approval or the

denial of the claim for continued benefits on account of Disability within 45 days after the

determination unless, due to circumstances beyond the control of the Trustees, an extension of

time for processing the claim is required.

If the Trustees need such an extension, the Trustees shall furnish a written notice to the claimant

before the end of the initial 45-day period that the review period will be extended by 30 days. If,

before the end of the first extension period, the Trustees determine that circumstances beyond

their control prevent a decision from being rendered within that period, it may be extended for an

additional 30 days, provided that the Trustees notify the claimant before the end of the first

extension period.

In the case of either extension as described above, the written notice shall specify the

circumstances requiring an extension and the date by which the Plan expects a final decision to

be rendered. That date shall not be later than 75 days after the date on which the claim was filed,

in the case of a first extension, or 105 days after the date on which the claim was filed, in the

case of a second extension.

The notice of extension shall specifically explain: (a) the standards on which entitlement to a

benefit is based, (b) the unresolved issues that prevent a final decision from being rendered, (c)

the additional information needed to resolve those issues, and (d) that the claimant has 45 days in

which to provide the additional information. If the claimant must provide additional

information, the review period shall be tolled until the information is provided.

51

In addition to the requirements for a notice of denial of benefits specified in Section 10.03, a

notice of denial of benefits on account of Disability shall contain the following:

(a) If an internal rule, document, guideline, protocol, or other criterion was relied on

in making the adverse determination, either the rule, document, guideline,

protocol, or criterion itself, or a statement that it was relied on and that a copy of

it will be provided free of charge to the claimant upon request;

(b) If the adverse determination was based on a medical necessity or experimental

treatment or similar exclusion or limit, either an explanation of the scientific or

clinical judgment for the determination, applying the terms of the Plan to the

claimant's medical circumstances, or a statement that such an explanation will be

provided free of charge upon request;

(c) A notice informing the claimant about the right to bring a civil action under

ERISA; and

(d) A description of the voluntary appeal procedures offered by the Plan.

If a claim for benefits on account of Disability is denied, in whole or in part, the claimant shall

have the right to request that the Trustees review the denial, provided that the request is made in

writing within 180 days of receiving written notification of the denial.

In addition to the requirements for a review of a denial of a claim specified in Section 10.04, a

review of a denial of a claim for benefits on account of Disability shall not give deference to the

initial adverse benefit determination and shall be conducted by an appropriate named fiduciary of

the Plan who is neither the individual who made the initial adverse determination nor a

subordinate of such individual.

In reviewing an adverse determination of a claim for benefits on account of Disability that is

based in whole or in part on a medical judgment, the Trustees shall consult with a health care

professional who has appropriate experience in the field of medicine involved in the medical

judgment. That health care professional shall be neither an individual who was consulted in

connection with the initial adverse benefit determination, nor a subordinate of any such

individual. In addition, the Trustees shall identify medical or vocational experts whose advice

was obtained in connection with the claimant's adverse benefit determination, without regard to

whether their advice was relied upon.

The Trustees will render a decision at the next quarterly meeting of the Board of Trustees.

However, if a request for appeal is received within 30 days of a quarterly meeting, then the

decision may be rendered at the subsequent quarterly meeting. If special circumstances exist,

such as a required hearing, the decision may be delayed until the 3rd

meeting following the date

the Plan receives the request for review. If such an extension of time for review is required, the

claimant shall be provided a written notice of the extension, describing the special circumstances

and the date as of which the benefit determination will be made, prior to the commencement of

the extension.

52

The decision on review shall be forwarded to the claimant in writing not later than five days after

the date of the meeting at which the appeal was heard, and shall include specific reasons for the

decision and references to Plan provisions on which the decision is based. The decision on

review shall also contain the same information as in the initial benefit determination notice

regarding internal rules, documents, guidelines, protocols, or other criteria (or the claimant's

access to that information); the same statement as in the initial benefit determination notice

regarding denials based on medical necessity or experimental treatments; and a description of the

claimant's right to obtain additional information about voluntary appeal procedures. A decision

on review shall be final and binding. If a claimant fails to file a request for review according to

these procedures, the claimant shall have no rights to review and no right to bring action in any

court, and the denial of the claim shall become final and binding.

10.06 Trustee’s Reliance.

The Trustees shall be entitled to rely on written representations, consents and revocations

submitted by Participants, Spouses or other parties in making determinations under the Plan. The

Trustees’ determinations shall be final and binding, and shall discharge the Fund and the

Trustees from liability to the extent of the payments made. This means that, unless the Plan is

administered in a manner determined to be inconsistent with the fiduciary standards of Part 4 of

Title I of ERISA, the Fund shall not be liable for duplicate benefits with respect to the same

Participant, or for surviving Spouse benefits in excess of the benefits described herein,

determined as of the Annuity Starting Date of the Participant’s Pension or, if earlier, the date of

the Participant’s death.

10.07 Discretionary Decision Making.

The Board of Trustees as the Plan Administrator has the discretionary decision making authority

to interpret the provisions of this Plan and determine eligibility for benefits. Benefits under this

Plan will be paid only if the Trustees decide in their discretion that the applicant is entitled to

them. The Trustees shall exercise such powers in a uniform and non-discriminatory manner.

All decisions and interpretations made in good faith pursuant to the Plan shall be final and

binding on all persons, subject only to the Plan’s claims and appeals procedures. No lawsuit or

other action against the Trust Fund or its Trustees may be filed until the matter has been

submitted for review under the Plan’s claims and appeals procedures. In the event an appeal has

been denied, no legal action can be brought with respect to a claim under the Plan after 90 days

from the decision on appeal.

10.08 Conformity with Subsequent Legislation.

All time limitations set forth herein shall be deemed to be modified to conform with legislative

enactments which may hereinafter become effective.

53

APPENDIX A

Notwithstanding any other provision of Plan 2 to the contrary, effective January 14, 2000, in

accordance with the settlement reached in the Milan Marich case, the following individuals will

be eligible to receive the benefits indicated as vested Accrued Benefits in their 1997 pension

statements:

Alexa, Peter M. Macaione, James

Altmann, Paul Makuch, J.S.

Ambrose Jr., Thomas J. Malicki, M.

Arbetter, Wallen S. Matt, Charles T.

Bahe, Thomas G. Mayer, Ronald K.

Barrett, Raymond Miceli, James

Bennett, Kelly Micetich, A.R.

Blake Jr., Thomas M. Miller, Eugene

Brandon, Michael Moll, Jerry J.

Cleary, Patrick J. O'Connell Jr., James P.

Close, Leo F. Oneal, Charles B.

Crisp, Kenneth H. Pardol, Wayne

Davis, B.L. Pascwicz, Leonard F.

Dunkerley, Ricard C. Patterson, Milton

Elliott, Frank W. Pawlisz, Richard

Erickson, John Pempek, Henry A.

Fiore, Nick Peterson, Lennart

Fischl, Wayne R. Poltzer, Richard J.

Fitzgerald, William J. Porro, Nick F.

Friedman, Howard Principato, Joseph

Geary, John B. Reese, Gerald

Gibson, Ronald M. Rehberger Jr., Thomas A.

Glasscock, Raymond C. Reichard, Paul R.

Grealis, Patrick J. Ruffalo, Phillip

Griffin, Dower L. Russo, Thomas

Hermanson, Lawrence Ryan, William C.

Houston, John P. Smid, Albert F.

Irwin Jr., Kenneth G. Staat, Robert

Jakubowski, Eugene K. Tank, Warren

Jurgens, Klaus P. Tansey, Edward J.

Keating, William R. Van Wormer, Peter

Kedzior, Lawrence Ward, James J.

Keller, Larry R. Webb, Ronald

Klug, Owen R. Weber, John W.

Lamorte, John Weiss, F.W.

Laughran, Thomas J. Woods, William A.

Lee, A. Wulkowicz, Robert

54

APPENDIX B

Original Plan Pension

The following summary of an Original Plan Pension is provided for historical reference. If there

is a discrepancy between this summary and the terms of the Plan documents under which the

Original Plan Pension originated, the original Plan documents will govern.

To be eligible for “Original Plan Pension” a person must:

(a) Cease Industry Employment;

(b) Have drawn $2,625 or more on the certificate of life insurance issued to him by

Mutual Life Insurance Company of Local Union 134, International Brotherhood

of Electrical Workers;

(c) Have retired on pension paid by the International Brotherhood of Electrical

Workers;

(d) Not be eligible for any other Pension under the Plan or Another Plan;

(e) Have been eligible at the time of Retirement to receive benefits under the Plan of

benefits of Electrical Insurance Trustees for construction employees; and

(f) File an application for Pension on a form and in the manner prescribed by the

Trustees.

Payment of an Original Plan Pension shall commence as of the first day of the month coinciding

with or following the date a person has fulfilled all eligibility requirements. The last payment

shall be made as of the first day of the month in which the Pensioner dies. The amount of the

Pension shall be $42 per month.

55

APPENDIX C

Historical Information on the Break in Service Rules for Plan 2, Plan 4 and Plan 6

The following summary of the Break in Service Rules for Plan 2, Plan 4 and Plan 6 is provided

for historical reference. If there is a discrepancy between this summary and the terms of the Plan

documents under which these Break in Service Rules originated, the original Plan documents

will govern.

Break in Service Occurring On or After January 1, 1976 but Before July 1, 1989.

On or after January 1, 1976, a Participant incurred a Break in Service and all of his Eligibility

Service and Credited Service accrued prior to that Break in Service were cancelled under the

following conditions:

(a) The Participant had not accrued at least 10 years of Eligibility Service.

(b) The number of the Participant’s consecutive Break Years (calendar years after

December 31, 1975, where he failed to earn either a year of Eligibility Service or

to accrue at least 500 hours of Excused Absence and/or Covered Employment)

equals the greater of:

(i) The number of his accrued years of Eligibility Service; or

(ii) (A) Two, if the first of such consecutive Break Years is 1984 or earlier

and the number of consecutive Break Years as of December 31,

1984, was greater than or equal to his accrued years of Eligibility

Service; or

(B) Five, if the first of such Break Years is 1985 or later.

Break in Service Occurring On or After July 1, 1989 but Before June 30, 2002.

During the period of July 1, 1989 through June 30, 2002, a Participant who was not vested

incurred a Break in Service and all of his Eligibility Service and Credited Service accrued prior

to that Break in Service were canceled when the number of his consecutive Break Years equaled

the greater of:

(a) The number of his accrued years of Eligibility Service; or

(b) Five.

Vested during this time period meant that a Participant had accrued 10 years of Eligibility

Service (five years if he was a Participant not covered by a Collective Bargaining Agreement) or

reached Normal Retirement Age.

56

Break Years during this time period meant any calendar years after December 31, 1975, where a

Participant failed to earn either a year of Eligibility Service or to accrue at least 500 hours of

Excused Absence and/or Covered Employment.

57

APPENDIX D

Historical Information on the Plan 2 Accrual Rates

The following summary of Normal Pension amounts under Plan 2 is provided for historical

reference. If there is a discrepancy between this summary and the terms of the Plan documents

under which the Normal Pension amounts originated, the original Plan documents will govern.

If the Participant met the requirements for a Normal Pension commencing on or after January 1,

1976, his monthly Pension amount is equal to the product of $5.00 multiplied by the number of

his years of service prior to January 1, 1973, plus the product of $10.00 multiplied by the number

of his years of Credited Service after December 31, 1972.


1976 but prior to July 1, 1978, his monthly Pension amount is equal to the product of $5.00

multiplied by the number of his years of service prior to January 1, 1973, plus the product of

$10.00 multiplied by the number of his years of Credited Service after December 31, 1972.

If the Participant met the requirements for a Normal Pension commencing on or after July 1,

1978, his monthly Pension amount is equal to the product of $10.00 multiplied by the number of

his years of service prior to January 1, 1978, plus $12.50 for Credited Service in 1978, plus the

product of $15.00 multiplied by the number of his years of Credited Service after December 31,

1978.


1981, his monthly Pension amount is equal to $15.00 multiplied by each year of Credited

Service.

If the Participant met the requirements for a Normal Pension commencing on or after June 1,


Service.

If the Participant met the requirements for a Normal Pension commencing on or after June 1,


Service.

If the Participant worked in Covered Employment after July 1, 1996, and met the requirements

for a Normal Pension commencing on or after July 1, 1996, his monthly Pension amount is equal

to $40.00 multiplied by each year of Credited Service.

If the Participant worked in Covered Employment after July 1, 1998, and met the requirements

for a Normal Pension commencing on or after July 1, 1998, his monthly Pension amount is equal

to $43.00 multiplied by each year of Credited Service.

58

If the Participant worked in Covered Employment after September 1, 2000, and met the

requirements for a Normal Pension commencing on or after September 1, 2000, his monthly

Pension amount is equal to $46.00 multiplied by each year of Credited Service.



Service. However, this does not apply to those retiring with a Deferred Pension who ceased

working in Covered Employment before July 1, 2001.


2005, his monthly Pension amount is equal to $52.50 for each year of Credited Service if (a) the

Participant earned both Eligibility Service and Credited Service after January 1, 2004, and (b) he

worked one hour of Covered Employment after July 1, 2004. However, a Participant who

commenced benefits after July 1, 2004, and prior to January 1, 2005, will be eligible for the

$52.50 accrual rate effective for payments made on or after January 1, 2005 if he meets the

requirements of (a) and (b) above.


2008, his monthly Pension amount is equal to $55.00 for each year of Credited Service if: (a) the

Participant earned both Eligibility Service and Credited Service after January 1, 2007, and (b) he

worked one hour of Covered Employment after July 1, 2007. However, a Participant who

commenced benefits after July 1, 2007, and prior to January 1, 2008, will be eligible for the

$55.00 accrual rate effective for payments made on or after January 1, 2008 if he meets the

requirements of (a) and (b) above.

59

APPENDIX E

Historical Information on the Plan 4 Accrual Rates

The following summary of Normal Pension amounts under Plan 4 is provided for historical


under which the Normal Pension amounts originated, the original Plan documents will govern.

1. Pensions Effective January 1, 1976 through December 31, 1977.


1976, his monthly Pension amount is equal to (a) the product of $4.00 multiplied by the number

of his years of Credited Service after the date he became a Participant under the Plan plus (b)

$2.50 multiplied by the number of his years of Credited Service prior to the date he became a

Participant under the Plan (not exceeding 30 years minus the number of years used in (a) above).

2. Pensions Effective January 1, 1978 through December 31, 1980


1978, his monthly Pension amount is equal to:

(a) The sum of the amounts determined by multiplying, as to each contribution category in

(c) below, the applicable rate in Column I by the number of years of Credited Service

after the date he became a Participant in the Plan in that category (not exceeding the sum

of 30 years under this (a)), plus;

(b) The sum of the amounts determined by multiplying, as to each contribution category in

(c) below, the applicable rate in Column II by the number of years of Credited Service

prior to the date he became a Participant under the Plan in that category (not exceeding

30 years minus the number of years used in (a) above);

(c) Contribution Category on July 1, 1980 I II

(Future Service) (Prior Service)

$14 per week $6.25 $6.25

$12 per week $5.50 $5.50

$10 per week $5.00 $3.50

$7.75 per week $4.15 $3.50

Office & Miscellaneous $5.75 $5.50

(d) Any reduction required by the limitation of 30 years of Credited Service shall be

computed so as to provide the maximum pension for the Participant.

60

3. Pensions Effective January 1, 1981 through September 30, 1991


1981, his monthly Pension amount is equal to the product of the applicable rate of contribution

last made on his behalf, multiplied by the number of his years of Credited Service:

Current Contribution Rates Pension Rates

$24.00 a week or $0.60 per hour $11.80

$22.00 a week or $0.55 per hour $11.10

$20.00 a week or $0.50 per hour $10.40

$18.00 a week or $0.45 per hour $ 9.70

$16.00 a week or $0.40 per hour $ 9.00

$14.00 a week or $0.35 per hour $ 8.30

$13.75 a week $ 8.20

$13.20 a week $ 8.00

$12.00 a week or $0.30 per hour $ 7.60

$11.75 a week $ 7.50

$10.00 a week or $.25 per hour or $43.33 per month $ 6.90

$ 7.75 a week $ 4.15

$ 6.00 a week $ 3.50

Non-Current Contribution Rates Pension Rates

$ 8.00 a week $ 4.25

$ 7.75 a week $ 4.15

$ 4.00 a week $ 3.75

No contribution $ 3.50

4. Pensions Effective October 1, 1991 through June 30, 1993

If the Participant met the requirements for a Normal Pension commencing on or after October 1,




$34.00 a week or $0.85 per hour $17.65

$32.00 a week or $0.80 per hour $17.10

$30.00 a week or $0.75 per hour $16.55

$28.00 a week or $0.70 per hour $16.00

$26.00 a week or $0.65 per hour $15.45

$24.00 a week or $0.60 per hour $14.90

$22.00 a week or $0.55 per hour $14.35

$20.00 a week or $0.50 per hour $13.80

$18.00 a week or $0.45 per hour $13.25

$16.00 a week or $0.40 per hour $12.70

61

$14.80 a week $12.35

$14.00 a week or $0.35 per hour $12.15

$13.75 a week $12.10

$13.20 a week $11.90

$12.00 a week or $0.30 per hour $11.60

$11.75 a week $11.55

$10.00 a week or $0.25 per hour or $43.33 per month $11.05

$ 8.00 a week $10.50

$ 7.75 a week $10.45

$ 6.00 a week $ 9.95

$ 4.00 a week $ 9.40



$ 8.00 a week $ 4.25

$ 7.75 a week $ 4.15

$ 4.00 a week $ 3.75


5. Pensions Effective July 1, 1993 through June 30, 1998





$34.00 a week or $0.85 per hour $31.00

$32.00 a week or $0.80 per hour $30.00

$30.00 a week or $0.75 per hour $29.00

$28.00 a week or $0.70 per hour $28.00

$26.00 a week or $0.65 per hour $27.00

$24.00 a week or $0.60 per hour $26.00

$22.00 a week or $0.55 per hour $25.00

$20.00 a week or $0.50 per hour $24.00

$18.00 a week or $0.45 per hour $23.00

$16.00 a week or $0.40 per hour $22.00

$14.80 a week $21.40

$14.00 a week or $0.35 per hour $21.00

$13.75 a week $20.90

$13.20 a week $20.60

$12.00 a week or $0.30 per hour $20.00

$11.75 a week $19.90


$ 8.00 a week $18.00

$ 7.75 a week $17.90

62

$ 6.00 a week $17.00

$ 4.00 a week $16.00



$ 8.00 a week $ 4.25

$ 7.75 a week $ 4.15

$ 4.00 a week $ 3.75


6. Pensions Effective July 1, 1998 through December 31, 2002





$34.00 a week or $0.85 per hour $38.00

$32.00 a week or $0.80 per hour $37.00

$30.00 a week or $0.75 per hour $36.00

$28.00 a week or $0.70 per hour $35.00

$26.00 a week or $0.65 per hour $34.00

$24.00 a week or $0.60 per hour $33.00

$22.00 a week or $0.55 per hour $32.00

$20.00 a week or $0.50 per hour $31.00

$18.00 a week or $0.45 per hour $30.00

$16.00 a week or $0.40 per hour $29.00

$14.80 a week $28.40

$14.00 a week or $0.35 per hour $28.00

$13.75 a week $27.90

$13.20 a week $27.60

$12.00 a week or $0.30 per hour $27.00

$11.75 a week $26.90


$ 8.00 a week $25.00

$ 7.75 a week $24.90

$ 6.00 a week $24.00

$ 4.00 a week $23.00

No contribution $13.00

7. Pensions Effective on or After January 1, 2003

For service prior to January 1, 2003, a Participant who meets the requirements of a Normal

Pension commencing on or after January 1, 2003, shall receive a monthly amount equal to the

product of the applicable pension rate shown for the rate of contribution last made on his behalf

63

prior to January 1, 2003, under the table in effect at the time of the last contribution made on his

behalf, multiplied by the number of his years of Credited Service payable in the form of a Basic

Pension commencing as of his Normal Retirement Date. However, a Participant's Accrued

Benefit shall not be reduced by a change in the rate of contribution made on his behalf.

A. Service Accrued during 2003 for Pensions Effective January 1, 2003 through

December 31, 2003

For service after December 31, 2002, a Participant who meets the requirements

for a Normal Pension commencing on or after January 1, 2003, shall receive a

monthly amount equal to the product(s) of the applicable pension rate(s) shown

for the rate of contribution in effect at the time of service made on his behalf after

December 31, 2002, multiplied by the number of his years of Credited Service at

such rate payable in the form of a Basic Pension commencing as of his Normal

Retirement Date. The following table shows the rates in effect from January 1,

2003 to December 31, 2003:

Contribution Rate from

January 1, 2003 to

June 30, 2003


July 1, 2003 to

December 31, 2003

Pension Rate

$34 per week or $.85 per hour $39 per week or $.98 per hour $44.00










$14.80 per week $19.80 per week $34.40


$13.75 per week $18.75 per week $33.90

$13.20 per week $18.20 per week $33.60


$11.75 per week $16.75 per week $32.90


$8 per week $13 per week $31.00

$7.75 per week $12.75 per week $30.90



64

B. Service Accrued During 2004 for Pensions Effective January 1, 2004 through

December 31, 2004.







Retirement Date. The following table shows the rates in effect from January 1,

2004 to December 31, 2004:


January 1, 2004 to

June 30, 2004


July 1, 2004 to

December 31, 2004

Pension Rate

$39 per week or $.98 per hour $44 per week or $1.10 per

hour

$44.00


hour

$43.00


hour

$42.00








$19.80 per week $24.80 per week $34.40


$18.75 per week $23.75 per week $33.90

$18.20 per week $23.20 per week $33.60


$16.75 per week $21.75 per week $32.90



$12.75 per week $12.75 per week $30.90



65

C. Service Accrued During 2005 for Pensions Effective January 1, 2005 through

December 31, 2005.







Retirement Date.

The following table shows the rates in effect from January 1, 2005 to December

31, 2005.


January 1, 2005 to

June 30, 2005


July 1, 2005 to

December 31, 2005

Pension Rate

$44 per week or $1.10 per hour $59 per week or $1.48 per

hour

$44.00


hour

$43.00


hour

$42.00


hour

$41.00


hour

$40.00


hour

$39.00


hour

$38.00


hour

$37.00


hour

$36.00


$24.80 per week $24.80 per week $34.40


$23.75 per week $23.75 per week $33.90

$23.20 per week $23.20 per week $33.60


$21.75 per week $21.75 per week $32.90


66


$12.75 per week $12.75 per week $30.90



8. Contribution Rate in Effect prior to January 1, 2006 Adjusted.

For service accrued prior to January 1, 2006, the contribution rate for a Participant for whom the

last Contribution made was for a period beginning no earlier than July 1, 1999, and ending no

later than June 30, 2003, shall be increased by $15.00 per week or $0.375 per hour in selecting

the pension rate to be used in determining his Pension.

67

APPENDIX F

Plan 2 Early Retirement Window Benefits

The following summary of the Plan 2 Early Retirement Window Benefits is provided for

historical reference. If there is a discrepancy between this summary and the terms of the Plan

documents under which the Early Retirement Window Benefits originated, the original Plan

documents will govern.

Eligibility.

A Participant was eligible to participate in the early retirement window benefits set forth in this

Appendix (“Eligible Window Participant”) if the Participant satisfied all of the following

requirements as of October 1, 2005:

(a) Attained age 60 but not age 62; and

(b) Earned at least 15 years of Credited Service in the Pension Plan (uninterrupted by

a Break in Service) after December 31 1976; and

(c) Was covered as an active member under the Electrical Insurance Trustees Health

& Welfare Plan for Construction Workers throughout the two consecutive years

immediately preceding October 1, 2005, or has at least 30 years of Credited

Service in the Pension Plan; and

(d) Commenced receipt of the Early Retirement Window Benefits effective as of

October 1, 2005.

Early Retirement Window Benefits.

An Eligible Window Participant was entitled to receive the following Early Retirement Window

Benefits:

(a) An Early Pension but calculated without offset for the early retirement reduction

factors set forth therein for commencement prior to age 62; and

(b) A special additional window payment of $1,000 per month commencing for the

month beginning October 1, 2005, and continuing to the month in which the

Eligible Window Participant attains age 62.

All Other Pension Plan Provisions Continue to Apply.

To the extent not inconsistent with the provisions contained in this Appendix, all other

provisions contained in the Pension Plan continue to be applicable.

68

APPENDIX G

Adjustment of Plan 2 Pension Benefits

The following summary of the adjustment of Plan 2 Pension benefits is provided for historical


under which the adjustment of Pension originated, the original Plan documents will govern.

Increase in Participant's Pension.

The Pension of any Participant who became a Pensioner prior to July 1, 1996, shall receive an

increase in his existing Pension of 14.29%.

Increase in Beneficiary's Pension.

If a Participant dies prior to July 1, 1984, and leaves a surviving Spouse or a surviving child, the

Spouse's Pension or surviving child's Pension, shall be increased, effective July 1, 1984, by the

applicable percentage increase shown below:

Date of Participant's Death or Effective Date of

Commencement of his Pension, Whichever is Earlier

Percentage

Increase

Prior to July 1, 1977 25%

July 1, 1977 to June 30, 1978 20%

July 1, 1978 to June 30, 1979 15%

July 1, 1979 to June 30, 1980 10%

July 1, 1980 to June 30, 1981 5%

Additional Pension Payments.

Any Pensioner or alternate payee living on June 1, 1999, who received a payment for the month

of June 1998 shall receive a payment of the same amount for the month of June 1999.

Any Pensioner or alternate payee living on December 1, 2001, who received a payment for the

month of July 2001, shall receive an additional payment of the same amount during the month of

December 2001.

Any Pensioner or alternate payee who began receiving pension benefits on or before July 1,

2007, and is eligible to receive a Pension benefit for the month of December 2007, shall receive

a one-time additional Pension benefit payment in the same amount as their December Pension

benefit payable during the month of December 2007.

69

APPENDIX H







increase in his existing Pension of 10% effective July 1, 1997.

Increase in Beneficiary's Pension.

If a Participant dies prior to July 1, 1993, and leaves a surviving Spouse or a surviving child, the

Spouse's Pension or surviving child's Pension, shall be increased by 75% effective July 1, 1993.

70

APPENDIX I











71

APPENDIX J

MERGER OF

THE ELECTRICAL CONTRACTORS ASSOCIATION AND

LOCAL UNION 134 I.B.E.W. JOINT PENSION TRUST OF CHICAGO

PENSION PLAN 4 INTO PLAN 2

1. Purpose

This Appendix provides for the merger of the Electrical Contractors Association and

Local Union 134 I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 4 ("Plan 4") into the

the Electrical Contractors Association and Local Union 134 I.B.E.W. Joint Pension Trust of

Chicago Pension Plan No. 2 ("Plan"), the merger of the trust established pursuant to Plan 4 into

the Trust established under the Plan, and the transfer of assets and liabilities to the Plan from

Plan 4, and sets forth the changes to the Plan that result from such merger. This Appendix

preserves certain benefits, rights and features of Plan 4 that are not available under Plan 2. The

features described in this Appendix apply only to Participants who were participants in Plan 4 on

June 30, 2012, and supersede any conflicting provisions of the Plan. All capitalized terms used

herein, which are not otherwise defined below shall have the meaning given to them under the

Plan. All other terms of the Plan which do not conflict with the provisions of this Appendix shall

apply to a Participant who was a participant in Plan 4 on June 30, 2012.

2. History of Plan 4

Effective October 19, 1965, the Electrical Contractors Association (the "Association")

and Local Union 134 I.B.E.W. (the "Union") entered into an agreement and declaration of trust

("Trust Agreement 4") to establish a pension fund to provide retirement, disability and death

benefits to members of the Union and other plan participants employed by members of the

Association and other employers in the construction industry within the geographic jurisdiction

of the Union in accordance with the provisions of collective bargaining agreements between the

Association and the Union. Such Trust Agreement 4 created a jointly trusteed pension fund

administered in accordance with the provisions of Section 302(c) of the Labor-Management

Relations Act of 1947, as amended from time to time (the "Taft-Hartley Act"). In accordance

with the terms of Trust Agreement 4, the Trustees of the pension fund adopted Plan 4 as the rules

and regulations for the administrative operation of the pension fund and Plan 4 in order to

effectuate the purposes of the pension fund and Plan 4. The Trustees amended and restated Plan

4 in its entirety effective as of July 1, 2009.

3. Merger of Plan 4 with and into the Plan

Effective as of July 1, 2012, Plan 4 merged into and became part of the Plan, in such

manner that Plan 4 does not exist separately from the Plan, and the Trust established under Plan

4 merged into and became part of the Trust established pursuant to the Plan, in such manner that

the trust established under Plan 4 does not exist separately from the Trust established pursuant to

the Plan, and the assets of the trust established under Plan 4 and the Trust established pursuant to

the Plan is available to pay benefits to which any Participant or Beneficiary is entitled under the

Plan. The accrued benefit, if any, of every current and former participant in Plan 4 as of the close

72

of business on June 30, 2012 was transferred to the Plan and Trust, effective on July 1, 2012, and

is invested by the Trustees. Effective on July 1, 2012, the interest of each such person in his or

her entire accrued benefit is vested under the terms of the Plan to at least the extent that it was

vested under the terms of Plan 4 immediately prior to such transfer, and continues to vest in

accordance with the provisions of Section 2.03 of the Plan.

73

APPENDIX K

MERGER OF

THE ELECTRICAL CONTRACTORS ASSOCIATION AND

LOCAL UNION 134 I.B.E.W. JOINT PENSION TRUST OF CHICAGO

PENSION PLAN 6 INTO PLAN 2

1. Purpose

This Appendix provides for the merger of the Electrical Contractors Association and

Local Union 134 I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 6 ("Plan 6") into the

Electrical Contractors Association and Local Union 134 I.B.E.W. Joint Pension Trust of Chicago

Pension Plan No. 2 ("Plan"), the merger of the trust established pursuant to Plan 6 into the Trust

established under the Plan, and the transfer of assets and liabilities to the Plan from Plan 6, and

sets forth the changes to the Plan that result from such mergers. This Appendix preserves certain

benefits, rights and features of Plan 6 that are not available under Plan 2. The features described

in this Appendix apply only to Participants who were participants in Plan 6 on June 30, 2012,

and supersede any conflicting provisions of the Plan. All capitalized terms used herein, which are

not otherwise defined below shall have the meaning given to them under the Plan. All other

terms of the Plan which do not conflict with the provisions of this Appendix shall apply to a

Participant who was a participant in Plan 6 on June 30, 2012.

2. History of Plan 6

Effective October 19, 1965, the Electrical Contractors Association (the "Association")

and Local Union 134 I.B.E.W. (the "Union") entered into an agreement and declaration of trust

("Trust Agreement 6") to establish a pension fund to provide retirement, disability and death

benefits to members of the Union and other plan participants employed by members of the

Association and other employers in the construction industry within the geographic jurisdiction

of the Union in accordance with the provisions of collective bargaining agreements between the

Association and the Union. Such Trust Agreement 6 created a jointly trusteed pension fund

administered in accordance with the provisions of Section 302(c) of the Labor-Management

Relations Act of 1947, as amended from time to time (the "Tat-Hartley Act"). In accordance with

the terms of Trust Agreement 6, the Trustees of the pension fund adopted Plan 6 as the rules

and regulations for the administrative operation of the pension fund and Plan 6 in order to

effectuate the purposes of the pension fund and Plan 6. The Trustees amended and restated Plan

6 in its entirety effective as of July 1, 2009.

3. Merger of Plan 6 with and into the Plan

Effective as of July 1, 2012, Plan 6 merged into and became part of the Plan, in such

manner that Plan 6 does not exist separately from the Plan, and the Trust established under Plan

6 merged into and became part of the Trust established pursuant to the Plan, in such manner that

the trust established under Plan 6 does exist separately from the Trust established pursuant to the

Plan, and the assets of the trust established under Plan 6 and the Trust established pursuant to the

74

Plan is available to pay benefits to which any Participant or Beneficiary is entitled under the

Plan. The accrued benefit, if any, of every current and former participant in Plan 6 as of the close

of business on June 30, 2012 was transferred to the Plan and Trust, effective on July 1, 2012, and

was invested by the Trustees. Effective on July 1, 2012, the interest of each such person in his or

her entire accrued benefit was vested under the terms of the Plan to at least the extent that it was

vested under the terms of Plan 6 immediately prior to such transfer, and shall continue to vest in

accordance with the provisions of Section 2.03 of the Plan.

IN WITNESS WHEREOF, the Trustees have hereby adopted this Restated ElectricalContractors Association and Local Union 134 I.B.E

.W

. Joint Pension Trust of ChicagoPension Plan No. 2

, by affixing their signatures as of this 8lh day of December, 2014.

EMPLOYER TRUSTEES: UNION TRUSTEES:

Electrical Contractors Association And Local Union …...2014/07/01 · Electrical Contractors...

Documents

Transcript of Electrical Contractors Association And Local Union …...2014/07/01 · Electrical Contractors...