Southwest Ohio Regional Council of Carpenters Pension Plan 

Checklist Item #37 

Does the application include the required excerpts from the relevant collective bargaining agreements and 

side agreements? See Section 7.07. 

The required the required excerpts from the relevant collective bargaining agreements and side 

agreements are listed on Document 37.1. 

SWORCCPP-000302
Southwest Ohio Regional Council of Carpenters Pension Plan 

Document 37.1 

Excerpts from Collective Bargaining Agreements 

1. 2014-2017 Southwest Ohio Carpenters' Agreement between West Central Ohio Division 

General and Forming Contractors Section of the Labor Relations Division Ohio Building Chapter, 

Inc. Associated General Contractors of America and Carpenters & Lather Employers Division of 

the Walls and Ceilings Contractors Association of Greater Cincinnati and Labor Relations 

Division, Cincinnati Division, AGC of Ohio, Inc., Associated General Contractors of America and 

Indiana / Kentucky / Ohio Regional Council of Carpenters United Brotherhood of Carpenters and 

Joiners of America. 

ARTICLE XIII 

HEALTH & WELFARE, ANNUITY, PENSION PLANS 

(95) Pension Plan — During the continuation of this Agreement, and subject to the limitations 

provided in Section 2.4 of the Pension Plan Agreement, each Employer shall pay to the Pension Trust 

Fund, for each hour such Employer compensates each Employees at his/her straight time or overtime 

hourly rate in the amount as stated and approved in the Appendixes of this Agreement. 

(96) The contribution payments of the Employer shall be used exclusively to provide pension benefits 

to eligible employees in such form and amounts as the trustees of the pension fund may determine, 

including allowances for the organization and administration expenses of the Pension Fund. 

(97) The Pension Fund shall be administered pursuant to an Agreement and Declaration of Trust 

administered jointly by an equal number of representatives from the Association and the Union, which 

Agreement and Declaration of Trust, together with any amendments thereto, shall be considered as part of 

this Agreement, as though set forth here at length. The Pension Fund increases as stated in the 

Memorandum of Understanding relative to the Rehabilitation Plan are to be considered temporary 

increases. Once the Plan is 100% funded the Union agrees to limit the contribution rate to a maximum of 

20% of the wage rate. 

2. Agreement between Indiana / Kentucky / Ohio Regional Council of Carpenters United 

Brotherhood of Carpenters and Joiners of America and Cedar Fair Southwest, Incorporated d/b/a 

Kings Island — Effective date September 1, 2014. 

"'VI. PENSION PLAN 

The Employer hereby agrees to pay each month the per hour contribution amounts set forth in 

Appendix A, below, to a Pension Fund for each employee covered by this Agreement as follows: 

The Employer shall pay to the Plan Trustees for credit to the Pension Fund, for each hour worked 

by the employees at the applicable straight or overtime rate established by the Master Agreement 

then in effect. 

The Union shall give the Employer thirty (30) days written notification of the applicable rates and 

any changes therein. 

The contribution payments of the Employer shall be used exclusively to provide pension benefits 

to eligible employees in such form and amounts as the Trustees of the Pension Fund may 

Document #37 - 1 - 

SWORCCPP-000303
determine, including allowances for the organization and administration expenses of the Pension 

Fund. 

The Pension Fund shall be administered pursuant to an agreement and declaration of trust 

administered jointly by an equal number of representatives from Employers and the Union, which 

agreement and declaration of trust, together with any amendments thereto, shall be considered as 

part of this Agreement, as though set forth here at length. 

No contributions shall be accepted by the Trustees of the Funds unless a signed copy of this 

Agreement or other document binding the Employer to the obligations hereto is on file. 

The monthly contribution period shall include the Employer's last full bi-weekly pay period of 

the month reported on report forms furnished by the Funds. Said report and contribution 

payments are due and payable on or before the twentieth (20th) day of each month for all 

amounts due for the preceding month(s) and forwarded in accordance with the instructions on the 

forms. Failure on the part of the Employer to pay the amounts due by him shall be deemed a 

breach of this Agreement by the Employer." 

3. Southwest Ohio Residential Agreement 2014-2017 between West Central Ohio Division 

General and Forming Contractors Section of the Labor Relations Division Ohio Building Chapter, 

Inc. Associated General Contractors of America and Labor Relations Division, Cincinnati Division, 

AGC of Ohio, Inc., Associated General Contractors of America and Indiana / Kentucky / Ohio 

Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America. 

ARTICLE VI. 

WAGE RATES AND CONTRIBUTIONS 

Section 2. The Employer agrees to participate in and make contributions towards the appropriate 

Fringe Benefit Funds as set forth in the attached Appendix, the contents of which are hereby incorporated 

herein. 

Section 3. Each Employer agrees to permit an audit or examination of such books, records, papers 

or reports of the Employer as may be necessary to determine whether the Employer is making full and 

prompt payment of all sums required to be paid by it to the Fringe Benefit Funds referenced in the 

attached Appendix. The audit or examination shall be performed by the appropriate Fringe Benefit 

Fund(s) auditor or by its/their agents; provided, however, at the Employer's request and own expense, 

such audit or examination shall be performed by an independent certified public account acceptable to the 

Fringe Benefit Fund(s). If, as a result of said audit or examination, a substantial deficiency in payments 

to the Fringe Benefit Fund(s) of said audit or examination, a substantial deficiency in payments to the 

Fringe Benefit Fund(s) is discovered, the Trustees of the Funds may assess their costs in performing the 

audit or examination to the Employer, and said costs shall be collectible as any other amount due from the 

Employer of the Funds. 

Section 4. The respective Trustees and their respective successors in office under each of the 

Agreements and Declarations of the Trust of the Fringe Benefit Funds referenced in the attached 

Appendix shall be deemed to be joint and several beneficiaries of this Agreement for the purpose of each 

or all of the said Agreements and Declarations of Trust and shall, in addition to and with or without the 

Union, have standing to use on this Agreement to enforce the terms of said respective Agreements and 

Declarations of Trust. A delinquent Employer shall also be liable for and obligated to pay the 

delinquency assessments provided for herein, reasonable interest, all court costs, attorneys' fees and other 

expenses incurred by the Trustees in the collection of contributions due from said delinquent Employer. 

Document #37 - 2 - 

SWORCCPP-000304
The Trustees shall further have all such other relief (including temporary and permanent injunctive relief) 

and remedies against a delinquent Employer to which they may be entitled at law or in equity. The 

Trustees may compel and enforce the payment of contributions in any manner which they deem proper; 

and the trustees may make such additional rules and regulations to facilitate and enforce the collection 

and payment thereof as they deem appropriate. 

Section 5. The contribution and deductions designated in the Appendix shall be due on the fifteenth 

(15th) day of each calendar month for the hours worked during the preceding calendar month and shall be 

sent with an appropriate reporting form to C.P.I., except as herein provided. 

Section 6. Any Employer who is delinquent in making its payments as herein required or who fails 

to file an accurate and acceptable monthly report by the thirtieth (30th) day of the calendar month in which 

the report, contributions and deductions are due shall be subject to one (1) or more of the following: 

A. A liquidated damage assessment on behalf of the Funds based on the current 

interest rate charged by the Internal Revenue Service for late payments of Federal 

income taxes. 

B. The services of the Employees may be withheld from the Employer after the 

provision of at least five (5) days' notice to the Employer by telegram or certified 

mail of the Union's intention to do so because of the Employer's delinquency. 

No such work stoppage shall be considered a breach of this Agreement or any 

other Agreement. 

C. The Employer may be required to post a bond of double the delinquent amount of 

Ten Thousand Dollars ($10,000.00), whichever is greater. 

D. The Employer may be required to remit the required report, contributions and 

deductions on a weekly, rather than monthly, basis. 

4. Southwest Ohio Floorlayers Agreement 2014-2019 between the Indiana / Kentucky / Ohio 

Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America and the 

signatory employer that executes the agreement. 

PENSION FUND 

Section 1. The COMPANY agrees to contribute to the Southwest Ohio Regional Council of 

Carpenters Pension Plan, or its successor for each straight time and each overtime hour worked by 

Employees covered by this Agreement at the contribution rates then in effect as set forth in the 

Appendices which the UNION shall make available to the COMPANY. 

Section 2. The COMPANY shall make its Pension Fund contributions to the Corporate Trustee. 

Section 3. The COMPANY shall pay its contribution to the Corporate Trustee monthly on or before 

the 20thday of each calendar month on account of hours for which it compensates Employees during the 

preceding calendar month. With each such payment, the COMPANY shall deliver to the Corporate 

Trustee a schedule relating thereto in such form as the Board of Administration of such Plan requires. 

The Board of Administration of said Plan may require weekly contributions from the COMPANY to the 

extent provided in paragraph (b) of Section 2.3 of the Pension Plan Agreement. 

Document #37 - 3 - 

SWORCCPP-000305
Section 4. The COMPANY hereby adopts the Pension Fund's Agreement and Declaration of Trust 

and consent to the appointment of the current and all future management Trustees. 

5. Labor Management Agreement by and between the City of Cincinnati and the Cincinnati 

Building Trades Council (as agent for the Indiana / Kentucky / Ohio Regional Council of 

Carpenters United Brotherhood of Carpenters and Joiners of America), effective August 1, 2015. 

"ARTICLE 17 

RETIREMENT SYSTEMS 

All Bargaining Unit employees may remain in their current retirement system, subject to the rules, 

regulations, and the requirements enacted by the appropriate governing body. All future new hires, who 

are not currently in a State of Ohio public retirement system, shall become members of the City of 

Cincinnati Retirement System." 

6. Millwrights Local No. 1090, Southwest Ohio, Indiana / Kentucky / Ohio Regional Council of 

Carpenters United Brotherhood of Carpenters and Joiners of America and the signatory employer 

that executes the agreement, effective date September 1, 2016, 

Section 10 

Pension 

The employer hereby agrees to pay each month the per hour contributions amounts set forth below to a 

pension fund for each employee covered by this agreement as follows; all pension contributions shall be 

paid as per hours worked as per wage sheet. The contributions payments of the employer shall be used 

exclusively to provide pension benefits to eligible employees in such form an amount as the trustees of 

the pension fund may determine, including allowances for the organization and administration expenses 

of the pension fund. The pension fund shall be administered pursuant to an agreement and declaration of 

trust administered jointly by an equal number of representatives from Employers and the union, which 

agreement and declaration of trust, together with any amendments thereto shall be considered as part of 

this agreement as through set forth here at length. No contributions shall be accepted by the trustees of 

the funds unless a signed copy of this agreement or other document binding the employer to the 

obligations hereto is on file. The monthly contributions period shall include the employers last full 

weekly pay period of the month reported on report forms, furnished by the fund. Said report and 

contributions payments are due and payable on or before the fifteenth (15) day of each month of all 

amounts due for the preceding months and forwarded in accordance with the instructions on the forms. 

Failure on part of the employer to pay the amounts due by him shall be deemed a breach of this agreement 

by such employer. 

7. Highway — Heavy Construction Agreement between the Labor Relations Division of the 

Ohio Contractors Association and Indiana / Kentucky / Ohio Regional Council of Carpenters 

United Brotherhood of Carpenters and Joiners of America, effective date May 1, 2016. 

ARTICLE XVII 

FRINGE BENEFITS 

17.1. Health and Welfare Plan: The Contract shall make contributions to the Health & Welfare 

fringe program as required under the schedule of Wages for the area covered as listed under Exhibit "A." 

The Contractor shall be bound by the Trust Agreement established for the appropriate Fund. It is agreed 

Document #37 - 4 - 

SWORCCPP-000306
that the provisions of the Trust fund as established by the Trustees, including rules of eligibility and all 

other terms and conditions, shall become a part of this Agreement as though fully written herein. 

17.2. For the purpose of this provision, the rate of contribution to the Health & Welfare Fund 

and or the Pension Plan shall be established by this Agreement under Exhibit "A" and may only be 

changed upon a written notice from the Trustees to the parties to this Agreement at least forty-five (45) 

days in advance of any wage adjustment due under terms of this Agreement. Payments by the Contractor 

shall be made for all hours paid, including Reporting pay and/or Show Up Pay. The contractor shall make 

the payments required in a manner prescribed by the Trustees of said Welfare Fund on a form provided by 

the appropriate Union or Fund office. 

17.3. The Contractor agrees that duly authorized representatives of the Trustees shall, upon 

reasonable notice and during regular business hours, have the right to examine all payroll records 

necessary to determine proper compliance with the obligation imposed by this Article. 

17.4. The Contractor shall make payments to the appropriate Fringe Benefit Fund within 

fifteen (15) days from the end of the month during which the employment occurred. Any penalty for late 

payment shall be established by the Trustees of the affected Fund. 

17.5. The Contractor, upon request to the Trustees, shall be given a copy of the Trust 

Agreement established for the Fund. 

17.6. Pension Plan: The same rules as provided for Health & Welfare shall apply to Pension 

Fund payments required under terms of Exhibit "A" in this Agreement. 

8. Middletown Energy Center, Middletown, Ohio, Community Development Agreement 

between Gemma Power Systems, LLC and the Butler County Building & Construction Trades 

Council. 

ARTICLE X 

WAGE AND BENEFITS 

SECTION 2. The Contractor agrees to pay contributions to the established employee benefit 

funds and industry promotion funds and other Funds and programs in the amounts designated in the 

appropriate Schedule A. 

Document #37 - 5 - 

SWORCCPP-000307