DB1/ 88552986.1

The New York State Teamsters Conference Pension and Retirement Fund

Application for Suspension of Benefits under MPRA

EXHIBIT 17
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIRE:MENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Patticipation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") aud 

Employer, is the basis for patticipation in the New York State Teamsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its participating employees, and the Union, as a condition of participation in 

this Ftmd, are bound by this Pru:ticipation Agreement and all of the rules and regulations of the Fund now and/or 

hereafter adopted. 

(b) The Employer and Union understand and agree that the Ftmd contributions shall be made, as set fortll herein, 

on all employees doing bargaining unit work, irrespective.ofwhether said employees are fhll-tiln~P:·ut-time, WifiMilfrC-.-

oi· E&iU"Onal, except as is othetwise provided herein. No agreement between the Employer and the Union shall alter 

I his mle or any other mle or provision of this Patti~ipatiou Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

Covered Group of Employees (Define) _o_nv_ers_& w_are_h_ou_sc_m_en ______________ ___ _ 

Rehabilitation 

Schedule 

60Month 

Death 

Benefit 

Def.'lult [!} Yes 0 

Schedule A 0 No [!) 

Schedule B 0 

Schedule C 0 

ScheduleD D 

SchcdulcE 0 

Conh<lct Type: 0UPS 

Rates of Contribution: 

Effective 04/0112011 

Effective 04/0112012 

Effective 04/01/2013 

Effective 04/0112014 

Effective 04/0112015 

Effective 04/01/2016 

0 Freight-National 

60MonthDB 

($.05 if Total 

Houri elected Houri 

3.3915 3.3915 

3.5611 3.5611 

. 3.7392 3.7392 

3.9262 3 t:{2!a2.~1 

4.1225 '"1 . I 223 +.0056 

4.3286 t.j . ~alp -4 :1458 

0 Construction D Municipal 

Covered .Employees: [j) Bargaining 0 Non-Bat-gaining 

Contributions begin on all employees from the first hour of the first day of employment. 

FeMaWlA fir ReaEI Dr~'~ CQ"umt:KieBs· To+a' mi'M drivea~m'&o£d, . 

C'fiUl&Ji&UtS-tleF trip. ,., ~ 

$135.66 

$142.44 

$149.57 

$157.05 

$164.00 

$173.14 

[jJ Other 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (lOth) 

day of the month following the month in which said monies were accmed, except when otherwise agreed by the 

Fund, but not to exceed by ~e end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the 

Employer liable for all employee benefit clailns which are incurred dming the pe1iod of delinquency, damages, 

reimbursement to the Fund for the Fund's attomeys' fees, auditors' fees, court costs, disbursements and expenses 

incurred by the Ftmd in recovering the above. In addition, the Employer must pay all ancars due the Fund together 

w1t .l 1qlll ate mages m t e sum o ten percent o o the delmquent amount. The late paymenfof =-:::-:-::--

delii1queucy hy the Employer. shall not i.ri any way relieve it from the obligations set fortll above. In addition, when 

the Employer is notified in writing by the Fund that it is ·delinquent, the Employer must immediately pay the 

1 

'---- - --- - - -· _ ___;_ ____ _ ----'...: ----~- ---
delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 

Tmstees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of 

the mles of the Fund, the Employer and all its pat1icipating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified 

llcrein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time nmh1ally 

agreed upon at no extra charge to the Employer. In the event it is foWid that the Employer has not fl!lly complied 

with the Ftmd mlcs and/or provisions of this Pmticipation Agreement, the Employer shall pay the full cost of the 

audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Fund's rules, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a pat1icipating Union that fidly 

complies with all mles and regulations of the FWid. In addition, the Employer may conhibute to the Fund for 

employees working outside the jmisdiction of the collective bargaining agreement in the amount indicated above. 

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

categoty subject to the same conditions and on the same basis as is provided in this Pru1icipation Agreement, and the 

Employer also agrees to continue to make contributions on all these employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or 

decisions covering this group that are issued by the Ftmd. The Employer must request in writing and receive written 

approval from the Fund in order to have these non-covered employees included. Such request must specifically 

defme the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declru·ed to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of this Pm·ticipation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a 

maximum of one full calendar year. 

7- If au emplo~e is granted.a-lea¥c..ot:.ab~encerthe.Empley.er-Shall collect from said...emplO¥.ec,_prior..to..thelealle...of.. 

absence heing....effective, sufficient monies_to..pay...the.required.contributions . .dm:ing .thc-pe1iod ·Of·a bseaee-aurl-such 

...monieS&JiaJl thereaft@r bepreffiptly fe£Wardedli:f the Fund iti aeoardaaoe with fu@rule6 of~lffid:-I·R-tlH~·GVel~ 

EmtJlsyer g~:aats a let¥le ftfl<:l <:lees :Bet so eo!BtJly, tbe- EmtJieyer lfl\:lst pay the eontribttti:em subjeet l6 Rll ether 

n'lqairaraenh: i.a p<uag:r3}lh 2 he~ie . · 

8. The Employer agrees to ftunish such infom1ation as may be necessary to enable the Fund to cany Olit its duties. 

9. \If a f.€gHla!:-eHiployee is aaseat aesau&e-ot:.~e .. job W~li;I-3UdJlo.tifies . .the..Employcr of such absence, 

the EJBtJlayer slilill eeatiim~~uket1s-&uw-pgri:6-ttm":iettf.l' E4j"'We8ks. If a regular employee 

is injured on the job, the Employer shall continue to pay the required contributions until snell employee retums to 

work. However, such contributions shall not be paid for a period of more that1 _o __ weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union 

or the Employer, or their ·agents, successors or assigns, against the Fund, the Trustees thereof or any employee, · 

service rovider re resentative or n ent thereof and all actions and roceedin s commenced b or on behalf of said 

Tmstees against any claimant, applicant, employee, participant, the Union or the Employer pertainil1g to the FWid in 

any manner, shalL be brought in the appropriate coUlt in the County of Onondaga, New York or other applicable 

tribunal located therein except where othetwise . provided herein. In regard to withdrawal liability arbitratiou 

2 
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the Treasury

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.. 

TCE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and 

Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its participating employees, and the Union, as a condition of participation in 

this Fund, are bound by all of the rules and regulations of the Fund now and/or hereafter adopted. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, 

on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual 

or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter 

this rule or any other rule or provision of this Participation Agreement. 

No contributions are due on behalf of part-time helpers (off the street hires) who work during the peak season 

set forth in Appendix A, Section 2 ofthe UPS-Teamsters Upstate/West New York Local Supplement (November 1

51 

until January 1 51); provided, however, that should the Employer retain or rehire a helper within 60 days of January 1

51, 

the Employer shall be required to make retroactive contributions on that helper's behalf for the hours worked during 

the peak season. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

Covered Group of Employees (Define) ~R.::::eogu~l~ar!.,_ ___ _ 

REHABILITATION 

Rates of Contribution: Hourly Weekly 

Effective 8/1/10 $9.295 

Effective 8/1/11 To be determined by the Board ofTrustees 

Effective 8/1/12 To be determined by the Board of Trustees 

Effective ___ _ 

Effective ___ _ 

Effective ___ _ 

Covered Employees: rg) Bargaining 

CONTRACT TYPE: SCHEDULE {attached) 

D 

~ 

D 

D 

D 

D 

UPS 

FREIGHT- National 

FREIGHT- Area 

CONSTRUCTION 

MUNICIPAL 

OTHER 

~ 

D 

D 

D 

D 

D 

Default 

Schedule A 

Schedule B 

Schedule C 

ScheduleD 

Schedule E 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour 

equals hours per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (I Oth) 

day of the month following the month in which said monies were accrued, except when otherwise agreed by the 

Fund, but not to exceed by the end of the same month due. 
2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the 

Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages, 

reimbursement to the Fund for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses 

incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together 

with liquidated damages in the sum of ten percent (I 0%) of the delinquent amount. The late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the 

delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 

Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of 

the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied 

with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the 

audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Fund's rules, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully 

complies with all rules and re!:,TUlations of the Fund. In addition, the Employer may contribute to the Fund for 

employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above. 

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the 

Employer also agrees to continue to make contributions on all these employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or 

decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written 

approval from the Fund in order to have these non-covered employees included. Such request must specifically 

define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a 

maximum of one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of 

absence being effective, sufficient monies to pay the required contributions during the period of absence and such 

monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the 

Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other 

requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, 

the Employer shall continue to make the required contributions for a period of 160 hours. If a regular employee is 

injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work. 

However, such contributions shall not be paid for a period of more than 160 hours. 

2 
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12/2172010 12:11 3152651403 

HGNA 

)RINTNAME: B ~:( CJ :r. 1>; .s 0 d<!. 

)RINT TITJ..F.:..A)~ '.:() \) 5 A,;z-e .... + 

)ATE: I ?- l Q. I I -;;< ~ I c 

.. OCAL UNION# .:.:..69~3:...;..-~B2! in~g.:,:;ham=t=on~-----

)lGNATURE:. _ __________ _ 

>RTNTNAME: ___________ _ 

?RINT TITLE:. ___________ _ 

)ATE: _____________ _ 

TEAMSTERS LOCAL 687 PAGE 06/06 

EMPLOYER: ABF Freight Systems. Inc. 

SIGNATURE: __________ _ 

PRINT NAME: _________ _ 

PRINT TITLE: _________ _ 

DATE: _ _ __________ _ 

:-JEW YORK STATE TEAMSTERS CONFERENCE PENSION AND .RETIREMENT FUND 

l51 NORTHERN CONCOURSE, SYRACUSE, NY 13212 

Yi.ATLTNG ADDRESS: P. 0. BOX 4928, SYRACUSE, NEW YORK 13221-4928 

3IGNATURE: DATE: ____ , ____ _ 

PRINT NAME: Kenneth R. Stilwell 

EXECUTIVE ADMINISTRATOR 

REV. 10/2010 

5 
New York State Teamsters Council . Health and Hospital Fund 

New York State Teamsters Conference 

Pension and Retirement Fund 

September 23, 2015 

Mr. Gary Caldwell 

ABF Freight System, Inc. 

P.O. Box 10048 

Ft. Smith, AR 72917-0048 

gcaldwell@freight.abf.com 

Mr. Chris Toole 

Mailing Address: 

PO Box 4928 

Syracuse, NY 13221-4928 

Telephone:315.455.9790 

Fax: 315.455.1237 

E-mail: benefits@nytfund.org 

Union Chairman, New York State Supplemental Freight Agreement 

Teamsters Local Union No. 118 

130 Metro Park 

Rochester, NY 14623 

ctoole@teamsterslocal118.org 

Re: National Master Freight Agreement Contribution Increase- August 1, 2015 

Dear Gary and Chris: 

Regarding the 'up to $1.00" allocation ofthe August 1, 2015 contribution increase, the 

Funds received the attached notice dated September 22, 2015 from the Joint National 

Master Committee approving the proposed allocation. 

The letter approves a Pension Fund allocation of $.7244 per hour and a Health Fund 

allocation of $.2756 per hour. In addition the Pension Fund has been notified that the 

negotiating parties agreed to reallocate a certain portion of the employees' wages to pay 

for the additional pension contribution requirement for Schedule E participation. For the 

period effective August 1, 2015, Schedule E requires a contribution increase of $1.0388 

per hour, therefore the employee's re-allocation will be $.3144 per hour. 

This will bring the respective rates as of August 1, 2015 to: 

NYS Teamsters Conference Pension & Retirement Fund 

$13.6299/ltour- $545.20/week 

NYS Teamsters Council Health & Hospital Fund 

$74.42 per day- $297.68 per week 

BOARD OF 

TRUSTEES 

Employer 

Representatives 

Michael S. Scalzo, Sr. 

Co-Chairman 

Broad Brook, CT 

Robert L. Schaeffer 

Bernville, PA 

Duniel W. Schmidt 

Lebanon,PA 

Tom J. Ventura 

Overland Park, KS 

Labor 

Representatives 

John A. Bulgaro 

Co-Chairman 

Albany, NY 

Brian K. Hnmmond 

Potsdam, NY 

Paul A. Markwitz 

Rochester. NY 

Mark D. Mny 

Syracuse, NY 

PARTICIPATING 

TEAMSTER 

LOCALS 

118 Rochester. NY 

264 Cheektowaga, NY 

294 Albany, NY 

317 Syracuse, NY 

355 Baltimore, MD 

445 Newburgh, NY 

449 Buffalo, NY 

529 Elmira, NY 

560 Union City, NJ 

687 Potsdam, NY 

812 Great Neck, NY 

1149 Baldwinsville, NY 
Redacted by the U.S. Department of the Treasury
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~ .. . . 

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and 

Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its participating employees, and the Union, as a condition of participation in 

this Fund, are bound by all of the rules and regulations of the Fund now and/or hereafter adopted. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, 

on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual 

or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter 

this rule or any other rule or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

Covered Group of Employees (Define) Regular, Part-Time r, Casual 

Rates of Coll!ribution: 

Effective 

Effective 

Effective 

Effective 

Effective 

8/1/08 

8/1/09 

8/1110 

8/1/11 

8/1/12 

Hourlv Weeklv 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

Covered Employees: ~ Bargaining D Non-Bargaining 

CONTRACT TYPE: 

D 

~ 

D 

D 

D 

D 

UPS 

FREIGHT - National 

FREIGHT - Area 

CONSTRUCTION 

MUNICIPAL 

OTHER 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour 

equals hours per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (lOth) 

day of the month following the month in which said monies were accrued, except when otherwise agreed by the 

Fund, but not to exceed by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the 

Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages, 

reimbursement to the Fund for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses 

incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together 

with liquidated damages in the sum of ten percent ( 10%) of the delinquent amount. The late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the 

delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 

Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of 
• I" ... 

• • • # 

the rules of the Fund. the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund. and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied 

with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the 

audit that has been performed by the Fund. In addition. the Employer shall be responsible as set forth in this 

Participation Agreement and the Fund's rules, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully 

complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for 

employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above. 

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the 

Employer also agrees to continue to make contributions on all these employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or 

decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written 

approval from the Fund in order to have these non-covered employees included. Such request must specifically 

define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a 

maximum of one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of 

absence being effective, sufficient monies to pay the required contributions during the period of absence and such 

monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the 

Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other 

requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, 

the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee 

is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to 

work. However, such contributions shall not be paid for a period of more than:!. weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union 

or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, 

service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said 

Trustees against any claimant, applicant, employee, patticipant, the Union or the Employer pertaining to the Fund in 

any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable 

tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration 

proceedings, all such arbitrations shall be initiated in the New York, New York regional office of the American 

Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In 

2 
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~ ( .1 

New York State Teamsters Council . Health and Hospital Fund 

New York State Teamsters Conference 

Pension and Retirement Fund 

September 23, 20~5 

Mr. Gary Caldwell 

ABF Freight System, Inc. 

P.O. Box 10048 

Ft. Smith, AR 72917-0048 

gcaldwell@freight.abf.com 

Mr. Chris Toole 

Mailing Address: 

PO Box 4928 

Syracuse, NY-13221-4928 

Telephone:315.455.9790 

Fax: 315.455.1237 

E-mail: benetits@nytfund.org 

Union Chairman, New York State Supplemental Freight Agreement 

Teamsters Local Union No. 118 

130 Metro Park 

Rochester, NY 14623 

ctoole@teamstersloca1118.org 

Re: National Master Freight Agreement Contribution Increase- August 1, 2015 

Dear Gary and Chris: 

Regarding the 'up to $1.00" allocation ofthe August 1, 2015 contributionincrease, the 

Funds received the attached notice dated September 22, 2015 from the Joint National 

Master Committee approving the proposed allocation. 

The letter approves a Pension Fund allocation of $.7244 per hour and a Health Fund 

allocation of $.2756 per hour. In addition the Pension Fund has been notified that the 

negotiating parties agreed to reallocate a certain portion of the employees' wages to pay 

for the additional pension contribution requirement for Schedule E participation. For the 

period effective August 1, 2015, Schedule E requires a contribution increase of $1.0388 

per hour, therefore the employee's re-allocation will be $.3144 per hour. 

This will bring the respective rates as of August 1, 2015 to: 

NYS Teamsters Conference Pension & Retireme11t Fund 

$13.6299/hour- $545.20/week · · 

NYS Teamsters Council Health & Hospital Fund 

$74.42 per day- $297.68 per week 

BOARD OF 

TRUSTEES 

Employer 

Representatives 

Michael S. Scalzo, Sr. 

Co-Chairman 

Broad Brook, CT 

Robert L. Schaeffer 

Bernville, PA 

Daniel W. Schmidt 

Lebanon,PA 

Tom J. Ventura · 

Overland Park, KS 

Labor 

Representatives 

John A. Bulgaro 

Co-Chairman 

Albany, NY 

Brian K. Hammond 

Potsdam, NY 

Paul A. Markwitz 

Rochester. NY 

Mark D. May 

Syracuse, NY 

PARTICIPATING 

TEAMSTER 

LOCALS. 

118 Rochester. NY 

264 Cheektowaga, NY 

294 Albany, NY 

317 Syracuse, NY 

355 Ba.ltimore, MD 

445 Newburgh, NY 

449 Buffalo, NY 

529 Elmira, NY 

560 Union City, NJ 

687 Potsdam, NY 

812 Great Neck, NY 

1149 Baldwinsville, NY 
Redacted by the U.S. Department of the 

Treasury
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the Treasury

Redacted by the U.S. Department of the 

Treasury
THKNEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and 

Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its participating employees, and the Union, as a condition of participation in 

this Fund, are bound by all of the rules and regulations of the Fund now and/or hereafter adopted. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, 

on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual 

or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter 

this mle or any other mle or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

Covered Group of Employees (Define) ~R~e~g.:::.u:.:::la~r _______ _ 

Rates of Contribution: 

Effective 

Effective 

Effective 

Effective 

Effective 

8/1108 

8/1109 

8/l/10 

8/1111 

8/1/12 

Hourly Weekly 

To be determined by the Board of Tmstees 

To be determined by the Board of Tmstees 

To be determined by the Board of Tmstees 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

Covered Employees: ~ Bargaining D Non-Bargaining 

CONTRACT TYPE: 

D 

~ 

D 

D 

D 

D 

UPS 

FREIGHT - National 

FREIGHT - Area 

CONSTRUCTION 

MUNICIPAL 

OTHER 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour 

equals hours per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (lOth) 

day of the month following the month in which said monies were accmed, except when otherwise agreed by the 

Fund, but not to exceed by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the 

Employer liable for all employee benefit claims which are incmTed during the period of delinquency, damages, 

reimbursement to the Fund for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses 

incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together 

with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the 

delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 

Tmstees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of 

1 
the ruies of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied 

with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the 

audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Fund's rules, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a pm1icipating Union that fully 

complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for 

employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above. 

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the 

Employer also agrees to continue to make contributions on all these employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or 

decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written 

approval from the Fund in order to have these non-covered employees included. Such request must specifically 

define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a 

maximum of one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of 

absence being effective, sufficient monies to pay the required contributions during the period of absence and such 

monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the 

Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other 

requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, 

the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee 

is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to 

work. However, such contributions shall not be paid for a period of more than 1 weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union 

or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, 

service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said 

Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in 

any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable 

tribunal located therein except where otherwise provided herein. Ln regard to withdrawal liability arbitration 

proceedings, all such arbitrations shall be initiated in the New York, New York regional office of the American 

Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In 

2 
Redacted by the U.S. Department of the 

Treasury Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. 

Department of the Treasury
New York State Teamsters Council . Health and Hospital Fund 

New York State Teamsters Conference 

Pension and Retirement Fund 

September 23, 2015 

Mr. Gary Caldwell 

ABF Freight System, Inc. 

P.O. Box 10048 

Ft. Smith, AR 72917-0048 

gcaldwell@freight.abf.com 

Mr. Chris Toole 

Mailing Address: 

PO Box 4928 

Syracuse, NY 13221-4928 

Telephone:315.455.9790 

f-ax: 315.455.1237 

E-mail: benefits@nytfund.org 

Union Chairman, New York State Supplemental Freight Agreement 

Teamsters Local Union No. 118 

130 Metro Park 

Rochester, NY 14623 

ctoole@teamsterslocalll8.org 

Re: National Master Freight Agreement Contribution Increase - August 1, 2015 

Dear Gary and Chris: 

Regarding the 'up to $1.00" allocation of the August 1, 2015 contribution increase, the 

Funds received the attached notice dated September 22, 2015 from the Joint National 

Master Committee approving the proposed allocation. 

The letter approves a Pension Fund allocation of $.7244 per hour and a Health Fund 

allocation of $.2756 per hour. In addition the Pension Fund has been notified that the 

negotiating parties agreed to reallocate a certain portion of the employees' wages to pay 

for the additional pension contribution requirement for Schedule E participation. For the 

period effective August 1, 2015, Schedule E requires a contribution increase of $1.0388 

per hour, therefore the employee's re-allocation will be $.3144 per hour. 

This will bring the respective rates as of August 1, 2015 to: 

NYS Teamsters Colljerellce Pellsioll & Retiremellt Fulld 

$13.6299/hour- $545.20/week 

NYS Teamsters Council Health & Hospital Fund 

$74.42 per day- $297.68 per week 

BOARD OF 

TRUSTEES 

Employer 

Representatives 

Michael S. Scalzo, Sr. 

Co-Chairman 

Broad Brook, CT 

Robert L. Schaeffer 

Bernville, PA 

Daniel W. Schmidt 

Lebanon,PA 

Tom J. Ventura 

Overland Park, KS 

Labor 

Representatives 

John A. Bulgaro 

Co-Chairman 

Albany, NY 

Brian K. H ammond 

Potsdam, NY 

Paul A. Markwitz 

Rochester. NY 

Mark D. May 

Syracuse, NY 

PARTICIPATING 

TEAMSTER 

LOCALS 

118 Rochester. NY 

264 Cheektowaga, NY 

294 Albany, NY 

317 Syracuse, NY 

355 Baltimore, MD 

445 Newburgh, NY 

449 Buffalo, NY 

529 Elmira,. NY 

560 Union City, NJ 

687 Potsdam, NY 

812 Great Neck, NY 

1149 Baldwinsville, NY 
Redacted by the U.S. Department of the 

Treasury
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and 

Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its participating employees, and the Union, as a condition of participation in 

this Fund, are bound by all of the rules and regulations of the Fund now and/or hereafter adopted. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, 

on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual 

or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter 

this rule or any other rule or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

Covered Group of Employees (Define) ~R~eb'gu::.!l.:::;ar~-------

Rates of Contribution: 

Effective 

Effective 

Effective 

Effective 

Effective 

8/1/08 

8/1109 

8/1/10 

811111 

8/1/12 

Hourly Weeklv 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

To be determined by the Board of Trustees 

Covered Employees: [gl Bargaining D Non-Bargaining 

CONTRACT TYPE: 

D 

~ 

D 

D 

D 

D 

UPS 

FREIGHT - National 

FREIGHT - Area 

CONSTRUCTION 

MUNICIPAL 

OTHER 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour 

equals hours per trip. · 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (lOth) 

day of the month following the month in which said monies were accrued, except when otherwise agreed by the 

Fund, but not to exceed by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the 

Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages, 

reimbursement to the Fund for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses 

incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together 

with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the 

delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 

Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of 
, . 

the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied 

with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the 

audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Fund's rules, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully 

complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for 

employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above. 

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the 

Employer also agrees to continue to make contributions on all these employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or 

decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written 

approval from the Fund in order to have these non-covered employees included. Such request must specifically 

define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a 

maximum of one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of 

absence being effective, sufficient monies to pay the required contributions during the period of absence and such 

monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the 

Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other 

requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, 

the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee 

is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to 

work. However, such contributions shall not be paid for a period of more than:!. weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union 

or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, 

service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said 

Trustees against any claimant, applicant, 'employee, participant, the Union or the Employer pertaining to the Fund in 

any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable 

tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration 

proceedings, all such arbitrations shall be initiated in the New York, New York regional office of the American 

Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In 

2 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of 

the Treasury