Landscape, Irrigation and Lawn Sprinkler Industry Benefit ... DCPP SPD 2014 FINAL.pdf · finding...

Southern CaliforniaPipe Trades

AdministrativeCorporation

www.scptac.org

Administered by:

DEFINED CONTRIBUTION PENSION PLAN

Landscape, Irrigation and Lawn Sprinkler Industry Benefit Trusts

SUMMARY PLAN DESCRIPTION

Landscape, Irrigation & Lawn Sprinkler Industry Defined Contribution Pension Plan Page 1 of 15

Summary Plan Description January 1, 2014

Landscape, Irrigation & Lawn Sprinkler Industry

Defined Contribution Pension Plan

This is the Summary Plan Description (referred to in this booklet as the “SPD”) for the Landscape, Irrigation and Lawn Sprinkler Industry Defined Contribution Pension Plan as amended and restated effective January 1, 2010 (referred in this SPD as “the Plan”), which is made available through the Collective Bargaining Agreement in effect between your Employer and your Union. The Plan was originally established in 1985. Employer contributions to the Plan and this booklet are based on hours worked by active Employees under Collective Bargaining Agreements. Employer contributions finance the Plan on a monthly basis. Consistent with all legal rules and requirements, the Trustees reserve the right to change the eligibility rules, reduce the benefits, or eliminate the Plan, in whole or in part, as may be required by the circumstances. This is the SPD for the Plan as required by law. To obtain maximum benefits from the Plan, study this booklet carefully keep it in a safe and convenient place. We hope this SPD assists you in understanding your benefits and finding answers to your basic questions about the Plan. If you have any questions about your benefits under the Plan, do not hesitate to call the Trust Fund Office at (800) 595-7473 or write to the following address:

Board of Trustees Landscape, Irrigation and Lawn Sprinkler Industry Defined Contribution Pension Plan

Southern California Pipe Trades Administrative Corporation 501 Shatto Place, 5th Floor

Los Angeles, California 90020 All questions about this Plan which are not answered in this SPD and all requests for information about eligibility status or benefits must be referred to the Trust Fund Office or to the Board of Trustees. No participating Employer, employer association, Union, or any individual employed thereby, has any authority in this regard.

Aviso A Los Participantes Que Hablan Español ___________________________________________________________________________________________________ Este folleto contiene informes importantes acerca de sus beneficios del Plan de Contribución Definida de Pension. Si tiene dificultad al comprendiendo cualquier parte de los informes, por favor llame a la oficina administrativa al (800) 595-7473 o visite la oficina ubicada en 501 Shatto Place, 5th Floor, Los Angeles, CA 90020. La oficina está abierta Lunes, Martes, Miércoles, y Viernes de 8:00 a.m. a 4:00 p.m. y Jueves de 8:00 a.m. a 6:00 p.m. Un representante que habla Español estará disponible para ayudarle.



Table of Contents

Page

I. SPECIAL NOTES................................................................................................................................................ 3

II. DEFINITIONS .................................................................................................................................................... 3

III. ELIGIBILITY FOR PARTICIPATION.......................................................................................................................... 5

IV. INDIVIDUAL ACCOUNTS ................................................................................................................................... 5

V. INVESTMENT OF PLAN ASSETS ............................................................................................................................ 6

VI. VESTING AND FORFEITURES ............................................................................................................................... 7

VII. PAYMENT OF INDIVIDUAL ACCOUNTS AT RETIREMENT ......................................................................................... 7

VIII. PAYMENT OF INDIVIDUAL ACCOUNTS ON TERMINATION OF EMPLOYMENT PRIOR TO RETIREMENT ........................... 8

IX. PAYMENT OF INDIVIDUAL ACCOUNT ON TERMINATION OF EMPLOYMENT DUE TO DISABILITY .................................. 8

X. DISTRIBUTION OF INDIVIDUAL ACCOUNTS AT DEATH ............................................................................................ 9

XI. GENERAL PROVISIONS ..................................................................................................................................... 9

XII. PLAN ADMINISTRATION INFORMATION ............................................................................................................. 11

XIII. CLAIMS AND APPEALS PROCEDURES ............................................................................................................... 13

XIV. STATEMENT OF ERISA RIGHTS ......................................................................................................................... 14



I. Special Notes

(a) This SPD is intended only to highlight some of the Plan’s essential points. (b) This SPD is subject to the provisions of the main Plan document and the Agreement and Declaration of Trust

Providing For the Landscape, Irrigation and Lawn Sprinkler Industry Defined Contribution Pension Trust, Restated Effective January 1, 2010 (referred to in this SPD as “the Trust Agreement”). This SPD cannot modify or affect the Plan or Trust Agreement in any way. In the event of any conflict between this SPD and the Plan Document or the Trust Agreement, the Plan document and Trust Agreement will control. In addition, neither you nor any Beneficiary shall earn any rights because of any statement in, or omission from, the Summary Plan Description. The provisions of the Plan document and the Trust Agreement cannot be modified or amended in any way by any statement or promise made by any person, including employees of the Trust Fund Office, the Union, or a contributing Employer.

(c) It is intended that the Plan will continue indefinitely in its present form, but the Board of Trustees reserves the

right to amend or terminate the Plan at any time. The Plan could also be amended or terminated as the result of an agreement between participating Employers and the Union. If the Plan is ever terminated, your right to your earned benefit will continue to be 100% vested as it is currently under the Plan.

(d) The Board of Trustees shall have full discretion and authority to determine questions concerning the interpretation

or administration of this Plan, including without limitation, all questions relating to eligibility for Plan benefits, and the determinations of the Board shall be conclusive and binding as to all persons and for all purposes.

II. Definitions

Unless the context or subject matter otherwise requires, as determined by the Board of Trustees, the words and terms used in this SPD have the same meaning as in the Trust Agreement. Here are some commonly used words in this booklet. Trust Agreement This refers to the Restated Agreement and Declaration of Trust Providing For the

Landscape, Irrigation and Lawn Sprinkler Industry Defined Contribution Pension Plan.

Collective Bargaining

Agreement

The term “Collective Bargaining Agreement” means one or more Collective Bargaining Agreements in force and effect between the “Union,” as defined below, and an Employer, also defined below, together with any modifications, supplements or amendments. Collective Bargaining Agreement also means any other collective bargaining agreement between the Union and an Employer that requires contributions to the Trust.

CPMCA The term “CPMCA” means the California Plumbing and Mechanical Contractors Association, a membership corporation organized under the laws of the State of California.

Union The term “Union” means Southern California Pipe Trades District Council No. 16 of the United Association and its Local Union No. 345 and all their affiliates within the United Association.



Employer The term “Employer” means: (1) an employer bound to a Collective Bargaining

Agreement with the Union or to another written agreement (either through CPMCA or otherwise); and (2) Local Unions affiliated with the United Association who are obligated by a written agreement to contribute to the Trust Fund on behalf of certain paid employees of the Union.

Employee The term “Employee” means: (1) those persons employed by any Employer and on whose behalf payments are required to be made to the Plan pursuant to a Collective Bargaining Agreement or other written, signed agreement; provided, however, any Employer employing an Employee who has a direct or indirect ownership of a 10% or more interest in said Employer (if a Corporation), must contribute to the Fund a total of 160 hours per month on such Employee at the rate in effect at the time the contributions were made; and (2) paid Employees of the Union affiliated with the United Association of Journeyman and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, providing the Local Unions contribute to the Trust Fund on behalf of each covered Employee a total of 160 hours per month at the rate in effect under the Local Union’s Collective Bargaining Agreement at the time contributions are made. The term Employee does not include any person who has a direct or indirect interest in a sole proprietorship or a partnership and who is an Employer.

Trust Fund, Plan, Fund The terms “Trust Fund,” “Plan,” or “Fund” mean the Landscape, Irrigation and Lawn Sprinkler Industry Defined Contribution Pension Plan and related Trust Agreement provided for in the Collective Bargaining Agreement between the Employer and the Union and shall mean generally the monies, insurance policies and other assets in the Trust Fund.

ERISA The term “ERISA” means the Employee Retirement Income Security Act of 1974, as amended.

Trustee The term “Trustee” means the Trustee designated in the Trust Agreement together with his or her successors designated and appointed in accordance with the terms of the Trust Agreement.

Beneficiary The term “Beneficiary” means a person designated by a participant (as defined in the Plan) or by the terms of the rules and regulations of the Plan who is or may become entitled to a benefit from this Fund.

Individual Account The term “Individual Account” means the account established for each Employee, pursuant to Article III of the main Plan document.

Participant The term “Participant” means a covered Employee who becomes eligible for benefits of the Plan on the first day of the month immediately following the month that he earns one Hour of Work and for which contributions become due on his behalf under the applicable Collective Bargaining Agreement.

Plan Year The term “Plan Year” means a consecutive twelve-month period starting on January 1 and ending on December 31 of the same calendar year.

Retired The term “Retired” means the complete withdrawal by an Employee from any



employment or self-employment which is in the geographical jurisdiction of the Union regardless of whether a collective bargaining agreement actually exists with respect to the employment or self-employment involved.

Valuation Date The term “Valuation Date” means the last day of each Plan Year.

Hour of Work The term “Hour of Work” means (a) each hour for which an Employee was paid or entitled to payment for the performance of duties for an Employer, and (b) each hour for which back pay, regardless of mitigation of damages, is either awarded or agreed to by the Employer, excluding any hour credited under (a). Hours of Work shall be computed and credited in accordance with the Department of Labor Regulations 2530.200b-3(d).

III. Eligibility for Participation

Each covered Employee will become a Participant in the Plan on the first day of the month immediately following the month that he earns one Hour of Work and for which contributions become due on his behalf under the applicable Collective Bargaining Agreement.

IV. Individual Accounts

An Individual Account is established for each Covered Employee for whom any contribution to this Plan is received. The Individual Account is maintained only for accounting purposes, and the assets of the Individual Account are not segregated. Notwithstanding any provision of this Plan to the contrary, benefits eligibility, contributions and service credit with respect to qualified military service will be provided in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, and related regulations. (a) Individual Account Balance

As soon as possible after the Valuation Date, the Trustees determine and fix the amount in each Covered Employee’s Individual Account. The amount of each Individual Account is the sum of the following: (a) the amount in the Individual Account as of the last, previous Valuation Date; plus (b) the Employer Contributions made or required to be made on behalf of the Employee since the most recent Valuation Date, including any Contributions made for a period of qualified military service consistent with and to the extent required by law; plus (c) the net earnings or net loss of the Fund allocated to the Employee’s Individual Account during the current Valuation Period; plus (d) any forfeitures allocated to the Participant’s Individual Account; minus (e) any distribution made to the Employee during the Plan Year.

(b) Valuation of Accounts The Fund’s assets are valued at the fair market value. As soon as possible after the Valuation Date, the Trustees determine the gross investment yield by the Fund during the fiscal year. The Trustees then determine expenses for the administration of the Fund and such other expenses of the Fund as the Trustees, in their sole discretion, shall decide consistent with the terms of the Plan document and the requirements of law. Effective January 1, 2013, each Individual Account will be assessed, once each year, a flat fee in the amount of $12.00 (twelve dollars) per year. This annual flat fee is subject to change at the sole discretion of the Board of Trustees. The remainder of the Plan’s annual administrative expenses will be spread among all Individual Accounts on a pro-rata basis based on the value of each Individual Account measured against the Plan’s total asset value. Such expenses, to the extent



they exceed forfeitures (if any) for the year, shall be deducted from the gross investment yield. The gross investment yield less the expenses shall represent the net investment yield. The net investment yield shall be divided by the total amount in all of the Individual Accounts of Participants as of the last, previous Valuation Date plus any Contributions received in that fiscal year, but excluding Individual Accounts terminated during the fiscal year. For each such Individual Account the fraction so obtained shall be multiplied by the sum of (a) the previous Valuation Date plus (b) contributions made to such Individual Account during the fiscal year and the product so obtained shall be the amount to be added to each such previously established Individual Account as of the Valuation Date. In the event that the gross investment yield is less than the charge for expenses, the excess expenses shall be deducted from the principal of the Individual Accounts.

(c) Termination of Account An Individual Account is terminated in the month in which payment of the Accumulated Share is made, or payment commences if on a monthly basis.

(d) Limitation of Account In no event and at no time shall the total amounts in all Individual Accounts at any Valuation Date, plus amounts previously established for expenses and reserves at the time, exceed the total net assets of the Fund. Should such an event occur, then all existing Individual Accounts shall automatically be proportionately reduced so that the total of all Individual Accounts plus amounts established for expenses and reserves is not more than the Fund’s total net assets.

(e) Annual Benefit Statements The Trust Fund Office will provide each Participant or Beneficiary with an annual benefit statement as of the Valuation Date.

V. Investment of Plan Assets

The amount in each Participant’s Individual Account is pooled with the amounts in all of the Individual Accounts and invested together. As mentioned above, at each Valuation Date, each Individual Account is credited with a pro rata share of the Plan’s overall net investment return or loss in addition to the contributions received by the Plan on the Participant’s behalf. The Trustees may hire either investment manager(s) qualifying as such under ERISA or investment companies registered under the Investment Company Act of 1940 (mutual funds) or commingled trust funds open only to qualified retirement plans to invest Plan assets. The assets of the Plan will be invested (a) for the exclusive purpose of providing benefits to Participants and Beneficiaries and defraying reasonable expenses of administering the Plan; (b) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; (c) by diversifying the investments of the Plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. It is emphasized, however, that there is no guarantee of investment return or principal when investing in securities. At any time, the value of a Participant’s Individual Account will reflect any changes in the total value of all of the securities held by the Plan.



VI. Vesting and Forfeitures

(a) Vesting

An Individual Account of a Participant is 100% vested immediately. Once a covered Employee has met the requirements of eligibility, he will remain a Participant and will remain 100% vested regardless of any subsequent termination of employment or the distribution of his account.

(b) Allocation of Forfeitures If, for any Plan Year, the Plan experiences any gains resulting from forfeitures, such forfeitures will be first used to reduce the Plan’s administrative expenses. If, after applying the forfeitures to reduce Plan expenses as provided in the preceding sentence, there continues to remain additional forfeitures (e.g., forfeitures exceed expenses for that Plan Year), the excess will be allocated to all existing Individual Accounts as of the Valuation Date in proportion to the total value of each Individual Account to the total value of all existing Individual Accounts.

VII. Payment of Individual Accounts at Retirement

(a) Normal Retirement Date A Participant’s Normal Retirement Date is the first of the month coinciding with or next following attainment of his 65th birthday.

(b) Early Retirement Date A Participant’s Early Retirement Date is the first of the month coinciding with or next following attainment of his 62nd birthday.

(c) Distribution of Benefits on Retirement On attainment of his Normal or Early Retirement Date, a Participant may elect to retire and receive a distribution of his Individual Account. Such distribution will be equal to (a) his Individual Account determined as of the Valuation Date coinciding with or immediately preceding his retirement date, plus (b) any Contributions paid into the Participant’s Individual Account since the Valuation Date described in (a), less (c) any distributions made from the Participant’s Individual Account since the Valuation Date described in (a). Such distribution will be paid in the form described below in this SPD.

(d) Distribution of Individual Accounts All distributions from the Plan will be in the form of a lump sum payout in one check.

(e) Minimum Required Distribution

All Participants must elect distributions no later than the required beginning date defined as April 1 of the calendar year following the later of:

1. the calendar year in which the Participant attains age 70 ½, or 2. the calendar year in which the Participant retires.

(f) Direct Rollover of Eligible Rollover Distributions

A distributee may elect to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover, which is a payment by the Plan to the eligible



retirement plan specified by the distributee. Please contact the Trust Fund Office for more information regarding your eligibility to rollover distributions.

VIII. Payment of Individual Accounts on Termination of

Employment Prior to Retirement

(a) Eligibility

A Participant who terminates covered employment prior to his Normal or Early Retirement Date will be eligible for a distribution or rollover of his Individual Account provided at least two full Plan Years have elapsed since the Participant’s most recent Covered Hour. So, for example, if you terminate from Covered Employment in June 2014, you will not be eligible for a distribution until 2017 (the 2015 and 2016 Plan Years must pass first).

(b) Distribution The distribution of his Individual Account will be made in a single, lump sum or rolled over to an eligible retirement plan.

IX. Payment of Individual Account on Termination of

Employment Due to Disability

(a) Eligibility

On termination of Covered Employment due to Total and Permanent Disability, a Participant may elect to receive a distribution of his Individual Account. Total and Permanent Disability will be determined by the Trustees in their sole discretion.

(b) Total and Permanent Disability Total and Permanent Disability means a physical or mental condition resulting from bodily injury, disease or mental disorder, which the Trustees determine has rendered the Participant incapable of performing any employment in the Landscape and/or Irrigation Industry at any time during the remainder of his life.

(c) Proof of Disability To prove disability, you must submit to the Fund Office the official determination by the Social Security Administration indicating that you are entitled to Social Security Disability Benefits. If the Social Security Administration has deemed that you are disabled, the Plan will also deem you to be disabled. If the Social Security Administration does not deem you disabled, then the Plan will also deem you to be not disabled.

(d) Distribution of Benefits on Disability

A distribution to a disabled Participant will be equal to (a) his Individual Account determined as of the Valuation Date coinciding with or immediately preceding the date of distribution, plus (b) any contributions paid into the Participant’s Individual Account since the Valuation Date described in (a), minus (c) any distributions paid from the Participant’s Individual Account since the Valuation Date described in (a). Any and all distributions to a disabled Participant will in the form of a lump-sum payment after the Participant has established a “disability” to the satisfaction of the Board of Trustees.



X. Distribution of Individual Accounts at Death

(a) General Rules Upon the death of a Participant, his or her Beneficiary will be entitled to his distribution of the Participant’s Individual Account. Such distribution will be equal to (a) his Individual Account determined as of the Valuation Date coinciding with or immediately preceding the date of distribution, plus (b) any Contributions paid into the Participant’s Individual Account since the Valuation Date described in (a), less (c) any distributions made from the Participant’s Individual Account since the Valuation Date described in (a).

(b) Beneficiary

If a Participant is married, the Beneficiary will be the spouse. If a Participant is not married, the Beneficiary will be the person designated by the Participant in a form satisfactory to the Trustees. If no Beneficiary has been designated by an unmarried Participant, or if a designated Beneficiary predeceases an unmarried Participant, payment will be made to the surviving person(s) in the first of the following classes of successive preference beneficiaries which survives the Participant:

1. children, including legally adopted children; 2. parents; 3. brothers and sisters; 4. Participant’s estate.

In determining such person(s), the Trustees may rely upon an affidavit by a member of any of the classes of preference beneficiaries. Payment based upon such affidavit shall be in full satisfaction of any benefit payable under the Plan, unless before the payment is made the Trustees have received written notice of a valid claim by some other person. If two or more persons become entitled to benefits as preference beneficiaries, they shall share equally.

Any death benefit payable to a minor may be paid to the legally appointed guardian of the minor or, if there is no such guardian, to such adults as have, in the opinion of the Trustees, assumed the custody and principal support of said minor.

(c) Form of Payment

Any and all distributions to the Participant’s beneficiary or beneficiaries will be in the form of a lump-sum payment.

XI. General Provisions

The Trustees shall be named fiduciaries for the Plan and, as such, shall administer the Plan according to the powers and duties granted them in accordance with the Trust Agreement. (a) Application of Benefits

Application for benefits must be made in writing in a form and manner prescribed by the Trustees.



(b) Withholding of Income Taxes from Pension Payments All benefit payments are taxable for purposes of federal and state income tax. You will receive an explanation regarding withholding of federal income tax from your benefit payment before the benefit payment starts. In making your decision about whether or not to have taxes withheld from your pension check, you should be aware that if your total income is high enough to require you to pay income taxes, and if sufficient taxes are not withheld from your pension payments, you may be responsible for payment of an estimated tax, and you could incur tax penalties.

(c) Proof to be Furnished All Participants and Beneficiaries shall furnish, at the request of the Trustees, any information or proof reasonably required for the administration of this Plan or for the determination of any matter that the Trustees may legitimately have before them. Failure to furnish such information or proof promptly, accurately and completely shall be grounds for the denial of benefits to such person. The falsity of any statement material to an application or the furnishing of fraudulent information or proof shall be grounds for denial, suspension or discontinuance of benefits under this Plan in any such case; the Trustees are entitled to recovery of any erroneous benefit payments made in reliance thereon.

(d) Powers of the Trustees The Trustees shall be the sole judges of the standard of proof required in any case. In the application and interpretation of any of the provisions of this Plan, the decisions of the Trustees shall be final and binding on all parties, including Employers, the Union, the Association, Employees, and Beneficiaries, subject to applicable federal law.

(e) Mental or Physical Incompetence

In the event it is determined by the Trustees that a Participant or Beneficiary is unable to care for personal affairs because of mental or physical incapacity, any benefit due such person, unless a claim therefore has been made by legal guardian or legal representative, may be applied at the discretion of the Trustees for maintenance and support of such Participant or Beneficiary.

(f) Prohibition Against Assignment No Participant or Beneficiary hereunder has any right to assign, alienate, transfer, sell, hypothecate, encumber, pledge, commute, or anticipate any payments, and such payments cannot in any way be subject to any legal process, levy of execution, attachment or garnishment proceedings for the payment of any claim against any Participant or Beneficiary; nor may such payments be subject to the jurisdiction of any bankruptcy court or insolvency proceedings by operation of law or otherwise, and any such assignment will be void and of no effect whatsoever, and in such event the Trustees shall have the right to terminate any payments to such Participant or Beneficiary immediately upon such assignment, alienation or transfer. Nothing in this section prohibits distribution of a Participant’s account pursuant to the provisions of a Qualified Domestic Relations Order described in Section 414(p) of the Internal Revenue Code.

(g) Plan Amendment The Trustees may amend or modify the Plan at any time in accordance with the Trust Agreement and applicable law. No amendment or modification may reduce any benefits or decrease any vested account balance, except as necessary to establish or maintain the qualification of the Plan or the Trust Fund under the Internal Revenue Code and to maintain compliance of the Plan with the requirements of ERISA.

(h) Plan Merger or Consolidation In the event of any merger or consolidation with, or transfer of assets or liabilities to, any other plan, the amount of benefit which a Participant would receive upon termination of the Plan immediately after such merger, consolidation or transfer of the Plan, will be no less than the benefit he would have been entitled to receive



immediately before the merger, consolidation, or transfer if the Plan had then been terminated.

(i) Plan Termination In the event of termination of this Plan or in the event of complete discontinuance of contributions, each Participant shall have a non-forfeitable right to his Individual Account and the assets then remaining, after providing for the expenses of the Plan and for the payment of any Individual Account therefore approved, shall be distributed among the Participants. No part of the assets may, under any circumstance, be returned to any Employer or inure to the benefit of any Employer, Association or Union.

(j) Construction of Terms Whenever any words are used in this SPD in the masculine gender, they shall be construed as though they were also used in the feminine gender or neuter gender, in all situations where they would so apply. Whenever any words are used in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply. Whenever any words are used in the plural form, they shall be construed as though they are also used in the singular form in all situations where they would so apply.

XII. Plan Administration Information

(a) Name of Plan

The name of the Plan is the Landscape, Irrigation and Lawn Sprinkler Industry Defined Contribution Pension Plan. The Plan is administered by the Board of Trustees of the Landscape, Irrigation and Lawn Sprinkler Industry Defined Contribution Pension Plan pursuant to the terms of the Trust Agreement.

(b) Name, Address &Telephone Number of the Board of Trustees Board of Trustees Landscape, Irrigation & Lawn Sprinkler Industry Defined Contribution Pension Plan c/o Southern California Pipe Trades Administrative Corporation 501 Shatto Place, 5th Floor Los Angeles, CA 90020 Telephone: (800) 595-7473 (213) 385-6161 Fax: (213) 385-2767

(c) Tax Identification Number

The taxpayer identification number assigned to the Fund by the Internal Revenue Service is 58-1908778. (d) Plan Number

The Plan number assigned to this Plan is 001. (e) Type of Plan

The Plan is a defined contribution retirement plan or a profit sharing plan. The Plan does not contain any employee 401(k) contributions or salary deferrals.

(f) Type of Administration The Plan is administered by the Board of Trustees with the assistance of the Southern California Pipe Trades Administrative Corporation, a contract administrative manager.



(g) Name, Address & Telephone Number of Plan Administrator Southern California Pipe Trades Administrative Corporation 501 Shatto Place, 5th Floor Los Angeles, CA 90020 Telephone: (800) 595-7473 (213) 385-6161 Fax: (213) 385-2767 Web site: www.scptac.org Email: [email protected]

(h) Name and Address of Agent for Service Process The Board of Trustees has appointed its Administrator, Southern California Pipe Trades Administrative Corporation, as its agent for service of process. The address is 501 Shatto Place, 5th Floor, Los Angeles, California 90020. Legal papers may also be served on any of the Trustees. The names and addresses of the Trustees are set forth in item (i) below.

(i) Name and Addresses of the Trustees The Trustees serving as of the date of the printing of this SPD are as follows:

EMPLOYER TRUSTEES UNION TRUSTEE

Jason Strauss, Employer Co-chair Vincent Diaz, Union Co-chair c/o: SCPTAC c/o: SCPTAC

501 Shatto Place, 5th Floor 501 Shatto Place, 5th Floor Los Angeles, CA 90020 Los Angeles, CA 90020 Charles “Chip” Martin c/o: SCPTAC

501 Shatto Place, 5th Floor Los Angeles, CA 90020

(j) Description of Collective Bargaining Agreements:

The Plan is funded from Employer contributions. Employers make contributions for bargaining unit employees as required by the terms of various collective bargaining agreements. The collective bargaining agreements provide that the employer will contribute at a specified rate per Employee per month.

Copies of the collective bargaining agreements will be furnished by the Trustees, upon written request addressed to the Trust Fund Office. The Trustees may impose a reasonable charge for these copies. Also, copies are available for examination at the Trust Fund Office upon 10 days advance written request. Copies are also available at the Local Union Office.

(k) Participation, Eligibility and Benefits The Plan provisions concerning participation, eligibility and benefits are summarized in previous sections of this SPD.

(l) Compliance with ERISA The Trustees believe that the Plan fully complies with the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Any omissions or oversights will be resolved in accordance with the requirements of law.

(m) Source of Contributions The Plan is funded by contributions made to the Trust Fund by Employers under the provisions of the Collective Bargaining Agreement. Benefits are paid directly from the Trust Fund itself.

http://www.scptac.org/

mailto:[email protected]



(n) Plan Year The Plan Year for this Plan ends on December 31 of each year. Each 12-month period commencing on January 1 consists of an entire plan year for the purposes of accounting and all reports to the United States Department of Labor and other regulatory bodies.

(o) Procedures to be Followed in Presenting Claims for Benefits and Remedies available for

Redress of Claim are Denied. There are detailed procedures for presenting applications for benefits. Please see section below.

XIII. Claims and Appeals Procedures

Applications for pension benefits under the Plan must be made in writing on a form provided by the Trust Fund Office. To assure prompt payment of your pension benefit, your application should be made at least three (3) months before the date you intend your benefit to begin. Application forms are available through the Trust Fund Office as listed below:

Landscape, Irrigation & Lawn Sprinkler Industry Defined Contribution Pension Plan c/o Southern California Pipe Trades Administrative Corporation

501 Shatto Place, 5th Floor Los Angeles, CA 90020

Telephone: (800) 595-7473 Fax: (213) 385-2767

Your application will be reviewed to determine whether you are eligible for Plan benefits. If your application is denied, in whole or in part, you will receive a written notice of this denial, including a written statement of the reason(s) for the denial, a specific reference to those Plan provisions on which the denial is based, a description of any additional information or material necessary to correct your application and appropriate information as to the steps to be taken if you wish to appeal the denial of your application. In addition, the written notice of denial will contain a statement of your right to bring suit under ERISA § 502(a) after an adverse determination on the appeal described below.

(a) Right to Appeal If you do not agree with the Trustees' denial of your application for a benefit, you may request that your application be reviewed. You may also request a review if your application for benefits was approved, but the amount of your benefit is less than you think it should be. The request for review must be in writing.

(b) Normal Retirement Benefits If you are requesting review of an application for Normal or Early retirement benefits, your written request must be submitted to the Trustees within sixty (60) days after you receive notice that your application was denied or, if you are requesting review of your benefit amount, within sixty (60) days after you are notified what your benefit amount will be.

(c) Disability Pension If you are requesting review of an application for a disability retirement benefit, your written request must be submitted to the Trustees within one hundred eighty (180) days after you receive notice that your application was denied or, if you are requesting review of you benefit amount, within one hundred eighty (180) days after you are notified what your benefit amount will be.



(d) Failure to Request Review The failure to request a review within the 60-day period or 180-day period (for disability retirement benefit) will constitute a waiver of your right to reconsideration of the decision. This means that you won’t be able to challenge a decision on your benefits unless you ask for review within these time frames.

(e) Review Procedures

If you request review of your application for a benefit, you will be allowed to submit additional information, and you will be allowed to review all documents relevant to your application. The Trustees will consider your request for review and you will receive a written notice of their decision within five days after the determination is made. The review decision will include a statement of the reason(s) for the decision, a specific reference to those Plan provisions on which the decision is based, and a statement of your right to bring suit under ERISA § 502(a). Finally, you will be informed of any voluntary appeals that may be available.

XIV. Statement of ERISA Rights

As a participant covered under this Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act (ERISA) of 1974. ERISA provides that all Plan Participants shall be entitled to:

Examine, without charge, at the Trust Fund Office and at other specified locations, such as worksites and union halls, all documents governing the Plan, including insurance contracts and collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration.

Obtain, upon written request to the Trust Fund Office, copies of documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated SPD. The Trust Fund Office may make a reasonable charge for the copies.

Receive a summary of the Plan's annual financial report. The Trust Fund Office is required by law to furnish each Participant with a copy of this summary financial report.

Obtain a statement telling you whether you have a right to receive a pension at regular retirement age (age 65), and if so, what your benefits would be at regular retirement age if you stop working under the plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to earn a right to a pension. This statement must be requested in writing and is not required to be given more than once every twelve (12) months. The Plan must provide the statement free of charge.

(a) Prudent Actions by Plan Fiduciaries

In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the Plan. The people who operate your plan, called “fiduciaries” of the Plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your employer, the union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA.

(b) Enforce your Rights

If your claim for a Plan benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of Plan documents or the latest annual report from the Plan and do not receive them within 30 days, you may file suit in



federal court. In such a case, the court may require the Trust Fund Office to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the Plan’s decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in federal court. If it should happen that Plan fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

(c) Assistance with your Questions

If you have any questions about your Plan, you should contact the Trust Fund Office. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Trust Fund Office, you should contact the nearest office of the Employee Benefits Security Administration, United States Department of Labor, which is located at 1055 East Colorado Boulevard, Suite 200, Pasadena, CA 91106-2341. You may also contact the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, United States Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

This Summary Plan Description is required by federal law. Of necessity, many of the substantive Plan provisions mentioned in the Summary Plan Description have been set forth in summary or capsulate form. All questions with respect to Plan participation, eligibility for benefits or the nature and amount of benefits, or with respect to any matter of Trust Fund or Plan administration, should be referred to the Trust Fund Office:

Landscape, Irrigation & Lawn Sprinkler Industry Defined Contribution Pension Plan

c/o Southern California Pipe Trades Administrative Corporation 501 Shatto Place, 5th Floor

Los Angeles, CA 90020 Telephone: (800) 595-7473

Fax: (213) 385-2767

The only parties authorized to answer questions concerning the Trust Fund and Plan are the Board of Trustees and the Administrator. No participating employer, employer association or labor organization, nor any individual employed thereby, has any authority in this regard.

Southern CaliforniaPipe Trades

AdministrativeCorporation

Administered by:

Southern California Pipe Trades Administrative Corporation

501 Shatto Place, 5th Floor | Los Angeles | CA 90020

(800) 595-7473 | Outside US (213) 385-6161 | Fax (213) 383-0725

www.scptac.org

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