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ARIZONA BRICKLAYERS’

PENSION TRUST FUND 

SUMMARY PLAN DESCRIPTION 

AS REVISED JULY 1, 2012

AZ BRK 000235
PENSION PLAN FOR THE 

ARIZONA BRICKLAYERS’ 

PENSION TRUST FUND 

BOARD OF TRUSTEES 

Employer Trustees Union Trustees 

Kevin Hotchkiss James Cahill 

Scott Huff Mike Huff 

Steve Mayher William Rodia 

 James Vogel 

* * * 

Legal Counsel

Craig L. Keller, Esq. 

* * * 

Administrator

Southwest Service Administrators, Inc. 

* * * 

Consultant and Actuary

The Segal Company 

July 1, 2012 

AZ BRK 000236
PENSION PLAN FOR THE ARIZONA BRICKLAYERS’ 

PENSION TRUST FUND 

A Message from the Board of Trustees: 

We are pleased to provide you with this updated booklet explaining your Pension Plan (Plan). 

This Booklet consists of (1) a Summary Plan Description (SPD) which describes the Plan in 

detail, and (2) the full text of the Rules and Regulations of the Plan (Rules). We believe that you 

will want to read these Rules and the SPD carefully so that you will understand your benefits. 

The SPD portion of this booklet summarizes the eligibility rules and benefits of the Plan as 

restated effective January 1, 1992, and it includes changes made to the Plan through the printing 

of this booklet. When reading either the SPD or the Plan, remember that the provisions of the 

Plan as in effect at the relevant time must be applied to the facts and circumstances of a 

particular situation. Changes become necessary over time due to changes in federal or state law, 

changing economic environments, and as new issues are identified through the ongoing 

administration of the Plan. 

We have tried to explain the Rules as clearly as possible. The Plan is, however, a complicated 

document. The Plan provides extremely important protection for many people and must take 

into account different situations and conditions affecting Participants. Therefore, the Plan must 

operate under very precise and detailed rules. In the event of any inconsistency between the 

Rules and this summary, the Rules will prevail. 

You will probably have questions after reading this booklet. You can write the Administrative 

Office for answers to any questions you have about the Plan or your right to a pension. 

Please bear in mind that, for your protection, only the full Board of Trustees is authorized to 

interpret the Plan. Information you may receive from the Union or Employers or their 

representatives must be regarded as unofficial and nonbinding. Any information or opinion 

concerning your rights under the Plan, to be official and binding, must be communicated to you 

in writing by or on behalf of the full Board of Trustees. 

Please be sure to inform the Administrative Office of any change in your mailing address, so that 

you will receive appropriate communications related to the Plan. We hope that you will find this 

booklet helpful and that the Plan will provide meaningful protection for you and your family 

during your retirement years. 

Sincerely, 

BOARD OF TRUSTEES 

AZ BRK 000237
ii

Este folleto contiene un resumen en inglés de sus derechos y beneficios del Plan 

con el Arizona Bricklayers’ Pension Trust Fund (“Trust Fund”). Si tiene alguna 

dificultad para entender cualquier parte de este folleto, contacte por escrito al 

Fondo a la dirección: 

Arizona Bricklayers’ Pension Trust Fund 

Administrative Office 

2400 West Dunlap Avenue, Suite 250 

Phoenix, Arizona 85021 

Usted también puede llamar al Fondo al (602) 249-3582 / (800) 474-3485 para 

obtenerasistencia. El horario de oficina es de 8:30 a.m. a 5:00 p.m., de lunes a 

viernes. 

AZ BRK 000238
iii

TABLE OF CONTENTS 

SUMMARY PLAN DESCRIPTION (SPD) Page 

SOME PENSION PLAN TERMS ...................................................................................................1

PARTICIPATION ...........................................................................................................................3

PENSION CREDIT .........................................................................................................................4

VESTING SERVICE .......................................................................................................................6

QUALIFIED MILITARY SERVICE ..............................................................................................7

BECOMING FULLY VESTED ......................................................................................................8

SEPARATION FROM COVERED EMPLOYMENT ....................................................................9

BREAK IN COVERED EMPLOYMENT ....................................................................................10

TYPES OF PENSION ...................................................................................................................12

1. REGULAR PENSION ........................................................................................................12

2. EARLY RETIREMENT PENSION ...................................................................................15

3. DISABILITY PENSION ....................................................................................................16

4. VESTED SERVICE PENSION ..........................................................................................19

5. SPECIAL NORMAL RETIREMENT AGE VESTED PENSION ....................................19

FORMS OF PAYMENT................................................................................................................20

1. SINGLE LIFE ANNUITY WITH 36-MONTH CERTAIN PERIOD ...............................20

2. QUALIFIED JOINT AND SURVIVOR ANNUITY (QJSA)............................................20

DEATH BENEFITS ......................................................................................................................25

RETIREMENT AND SUSPENSION OF BENEFITS FOR CERTAIN EMPLOYMENT 

AFTER RETIREMENT...........................................................................................................27

HOW TO APPLY FOR BENEFITS..............................................................................................30

ANNUITY STARTING DATES ...................................................................................................31

CLAIMS AND APPEALS PROCEDURES .................................................................................32

LUMP SUM PAYMENT IN LIEU OF MONTHLY PENSION ..................................................43

FEDERAL TAX WITHHOLDING ...............................................................................................43

SOME QUESTIONS AND ANSWERS ABOUT THE PLAN ....................................................44

CHECKLIST: THINGS FOR YOU TO DO .................................................................................47

INFORMATION REQUIRED BY THE .......................................................................................49

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 ..........................................49

CHART 1: HISTORICAL OVERVIEW OF PENSION CREDIT ..............................................58

CHART 2: HISTORICAL OVERVIEW OF BENEFIT FACTORS FOR BRICKLAYERS ......59

CHART 3: HISTORICAL OVERVIEW OF BENEFIT FACTORS FOR TILELAYERS .........61

CHART 4: HISTORICAL OVERVIEW OF RETIREE INCREASES ON AND AFTER 

JANUARY 1, 1983 ..................................................................................................................63

EXAMPLES OF PENSION COMPUTATIONS ..........................................................................64

AZ BRK 000239
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AZ BRK 000240
1

SOME PENSION PLAN TERMS 

The Pension Plan provides retirement benefits for eligible Employees who work for Employers 

who contribute to the Arizona Bricklayers’ Pension Trust Fund. The contributions are required 

under Collective Bargaining Agreements. 

Following are brief explanations of some basic terms used in this booklet: 

Administrative Office 

All communications about your pension, and anything for the Board of Trustees, including any 

inquiries about your rights and benefits and responsibilities and any notice you may be required 

to give the Plan should be directed to this office. 

Arizona Bricklayers’ Pension Trust Fund 

Administrative Office 

2400 West Dunlap Avenue, Suite 250 

Phoenix, Arizona 85021 

Phone: (602) 249-3582 

Toll Free: (800) 474-3485 

Fax: (602) 336-0895 

Annuity Starting Date 

Your Annuity Starting Date is the date as of which your pension becomes effective. Generally, 

pensions are effective on the first day of the month following the month in which the 

Administrative Office receives a completed application for pension benefits. However, see page 

31 of this summary and Article I, Section 27 of the Plan regarding the procedures for 

establishing your Annuity Starting Date. 

Break in Covered Employment 

Failure to earn a required minimum of Pension Credit or Vesting Service over specified periods 

of time can result in a Break in Covered Employment. Unless certain conditions are met, a 

Break in Covered Employment can cause the loss of an Employee’s previously earned Pension 

Credit and Vesting Service. Detailed explanations of what causes a Break in Covered 

Employment, what can make it permanent, and how breaks can be repaired, are provided in the 

section on “Break in Covered Employment.” See pages 10-11. 

Covered and Noncovered Employment

The term “Covered Employment” means work for which the Employer is required to contribute 

to this Pension Fund on the Employee’s behalf. 

The term “Noncovered Employment” means work in any capacity or business activity of any 

kind, within the jurisdiction of the Collective Bargaining Agreement, for actual or potential 

wages or profit or other benefit in the same industry or in the same trade or craft for an Employer 

(including self-employment) that does not have a collective bargaining agreement with the 

Union. Specifically, the work prohibited includes any work of the type performed by Employees 

of the Fund while earning the Pension or any part thereof. Prohibited Work also includes 

AZ BRK 000241
2

working in any capacity such as a superintendent, assistant superintendent, general foreman, 

estimator, or working or acting as an owner, officer, director, or qualifying party. Noncovered 

Employment does not include work performed in the same industry or in the same trade or craft, 

for an employer that does not have a collective bargaining agreement with the Union if such 

work is for the purpose of recruiting non-Union workers to join the Union or to encourage nonUnion employers to enter a collective bargaining agreement with the Union. Participants may 

only work for non-Union employers for this purpose at the direction of the Union and/or the 

Trust Funds when and where it is lawful to do so. Both the Union and the Administrative Office 

for the Trust Funds must receive a written notification describing the nature of the employment 

before such employment begins. The written notice must include the Participant’s name, the 

name of the non-Union employer, the employment position the Participant expects to have, the 

date the proposed non-Union employment is to begin, the expected date such employment will 

end, and the expected outcome or Union goals of the non-Union employment of that Participant. 

Employee

The term “Employee” means a person who has earned and is still entitled to Pension Credit 

under this Plan. The term “Employee” in this explanatory summary and the term “Active 

Participant” in the Rules and Regulations of the Plan have the same meaning. 

Fund 

The term “Fund” means the Pension Trust Fund created by the Trust Agreement to finance this 

Pension Plan. 

Hours of Service 

The term “Hours of Service” includes hours worked in Covered Employment. 

When applicable, the term “Hours of Service” also includes hours paid but not worked, for 

example, paid vacation or holidays. However, no more than 301 Hours of Service will be 

credited for hours paid but not worked in any continuous period. Two periods of paid non-work 

time will be considered continuous for this purpose if they are paid for the same reason and are 

not separated by at least ninety (90) days. 

“Continuous Non-Covered Employment”—which refers to employment for an Employer in a job 

not covered by this Plan which is continuous with Covered Employment with the same 

Employer—will also be counted as Hours of Service. A period of non-covered employment will 

be considered “continuous” with Covered Employment only if the Employee does not quit, get 

discharged, or experience other termination of employment between the period of Covered 

Employment and the non-covered employment. 

Any time compensated under worker’s compensation, unemployment compensation, or disability 

insurance law does not count toward your Hours of Service. 

Normal Retirement Age

The term “Normal Retirement Age” means age 65, or, if later, an applicable anniversary date. 

The anniversary date is the earlier of (1) the 10th anniversary of participation in the Plan, or (2) 

AZ BRK 000242
3

the 5th anniversary of participation in the Plan counting only service on and after January 1, 

1988.

Pension Credits and Years of Vesting Service

These are units used to measure the amount of time an Employee has worked in Covered 

Employment. See pages 4 through 5. Note that Pension Credit and Vesting Service may also be 

earned during certain nonworking periods, under conditions specified in the Rules of the Plan. 

Plan Year or Calendar Year 

The terms “Plan Year” and “calendar year” have the same meaning — the twelve consecutive 

month period beginning on January 1 of any calendar year and ending on December 31 of the 

same year. 

Required Beginning Date 

The term “Required Beginning Date” means April 1 of the calendar year following the calendar 

year in which you reach age 70-1/2. 

Separation From Covered Employment 

Failure to earn a required minimum of Pension Credit or Vesting Service over specified periods 

of time can result in a Separation from Covered Employment. A Separation from Covered 

Employment means that an Employee’s previously-earned Pension Credit may, upon retirement, 

be frozen at the benefit rate in effect at the time of the Separation. For a detailed explanation of 

what causes a Separation from Covered Employment, see page 9. 

For a complete definition of terms, see the text of the Pension Plan beginning on page 67. 

PARTICIPATION 

You will become an “Active Participant” in this Plan on the earliest January 1 or July 1 

immediately following a 12 consecutive month period during which you work at least 300 Hours 

in Covered Employment. Initially, the period during which this requirement must be met is the 

12-month period immediately following the month in which you first worked in Covered 

Employment. After that, the period is the Plan Year (which is the same as the calendar year; see 

above), beginning with the Plan Year that includes the first anniversary of the date on which you 

first worked in Covered Employment. 

You will lose your status as an “Active Participant” if you have a One Year Break in Covered 

Employment (see page 10). Your Active Participant status would be reestablished by again 

meeting the requirements of the preceding paragraph. 

The term “Vested Participant” means a Participant whose benefits are not forfeitable even if he 

or she performs no further Covered Employment. See page 8 for a description of how an 

Employee attains vested status. Even if a Participant is vested, benefits related to Pension 

Credits earned on or after January 1, 2010, are subject to delays if the Participant engages 

in Noncovered Employment after January 1, 2010. Engaging in Noncovered Employment 

after January 1, 2010 will also make you ineligible for other benefits offered by the Plan. 

AZ BRK 000243
4

PENSION CREDIT 

Your Pension Credit is based on your years of service in Covered Employment. Pension Credits 

are used in determining your eligibility for a pension, and the amount of your monthly pension 

payment. 

There are two basic types of Pension Credit — Past Service Credit and Future Service Credit. 

All Pension Credit which is not Past Service Credit is Future Service Credit. 

Past Service Credit

For Bricklayers, Past Service Credit is granted for periods before January 1, 1960. For 

Tilelayers, Past Service Credit is granted for periods before July 1, 1965. You may be entitled to 

Past Service Credit if, before the applicable date, you were regularly employed in work covered 

by a Collective Bargaining Agreement in the geographical jurisdiction of the Union. You should 

contact the Administrative Office if you have any questions about your eligibility for Past 

Service Credit. 

Future Service Credit

One Pension Credit represents roughly one calendar year of service in Covered Employment. If, 

within a calendar year, you work less than the number of hours required for one full Pension 

Credit, you can be credited with a fraction of a Credit. 

The number of hours you must work within a calendar year to earn one Pension Credit or a 

fraction of one Credit is determined by schedules which are part of the Rules and Regulations of 

the Plan and, for some Tilelayers, by schedules which were part of the Tilelayers Plan before it 

merged with this Plan. The schedules have been revised from time to time but Pension Credit 

for work in any calendar year always is determined by the schedules in effect for the year 

in which the work was performed.

Beginning January 1, 1985, a Participant (whether he is a Bricklayer or a Tilelayer) receives one 

year of Future Service Credit for each calendar year during which he works 1,200 or more hours 

in Covered Employment. If he works fewer than 1,200 hours, partial credit is earned according 

to the following schedule: 

AZ BRK 000244
5

Pension Credit For Calendar 

Year

Hours Worked in Covered 

Employment in Calendar 

Year

None

3/12

4/12

5/12

6/12

7/12

8/12

9/12

10/12

11/12

One Year

0 - 299

300 - 399

400 - 499

500 - 599

600 - 699

700 - 799

800 - 899

900 - 999

1000 - 1099

1100 - 1199

1200 or more

Please refer to page 58 (for both Bricklayers and Tilelayers) for charts that give schedules for 

Future Service Credit for earlier periods, as well as Past Service Credit. 

SPECIAL PROVISIONS AFFECTING PENSION CREDIT 

Pension Credit During Periods of Disability 

Pension Credit is granted for periods of disability after January 1, 1960 for Bricklayers and after 

January 1, 1979 for Tilelayers at the rate of 27 hours per week. Credit can be allowed for a 

maximum of 26 weeks for each disability. 

A period of disability must be for at least 14 days before Credit is granted. 

NOTE: The Administrative Office must be notified in writing within one year of the 

beginning of the disability to receive Pension Credit for the period of disability. 

Pension Credit for Military Service 

Qualified Military Service (see page 7) will be recognized for purposes of determining the 

amount of Future Service Credit you earned in a given Plan Year. You should advise the 

Administrative Office of your military service, if any. 

AZ BRK 000245
6

VESTING SERVICE 

Vesting Service is another measure of your Work in Covered Employment. However, Vesting 

Service differs from Pension Credit (see page 4-5) in these respects: 

(1) Vesting Service is earned only for Hours of Service (see below and see page 2) on and 

after January 1, 1960 for Bricklayers and on and after July 1, 1965 for Tilelayers; 

(2) Vesting Service is based on Hours of Service, whereas Pension Credit is based on your 

hours worked in Covered Employment; 

(3) Pension Credit is earned in increments of a twelfth of a Credit (but not less than 3/12), 

whereas, in any given Plan Year, you will either earn a full year of Vesting Service, or 

you will earn no Vesting Service at all; 

(4) Vesting Service is used to establish your right to a Vested Service Pension, or your 

surviving spouse’s right to a 50% pre-retirement survivor annuity (see page 19). Vesting 

Service is not used to determine the amount of your monthly pension. The amount of 

your pension is calculated on the basis of your Pension Credit. 

If you are a Bricklayer, you earn one year of Vesting Service for each Plan Year beginning on 

or after January 1, 1960 in which you complete 1,000 or more Hours of Service. 

If you are a Tilelayer, you earn one year of Vesting Service for each Plan Year beginning on or 

after July 1, 1965 in which you complete 1,000 or more Hours of Service. 

For Bricklayers and Tilelayers, if you have fewer than 1,000 Hours of Service in a Plan 

Year, then you will not earn any Vesting Service for that year. No fractional or partial 

year of Vesting Service is earned. 

Hours of Service, for purposes of earning a year of Vesting Service, include not only hours of 

work in Covered Employment, but also, subject to certain limitations, all hours for which you 

were paid, including vacations, holidays and disability time covered by certain disability 

benefits. 

Periods of disability which qualify for Pension Credit (see pages 4 and 5) will also qualify for 

Vesting Service at the same rate. 

Qualified Military Service (see page 7) will be recognized for purposes of determining whether 

you earned a year of Vesting Service in a given Plan Year. You should advise the 

Administrative Office of your military service, if any. 

AZ BRK 000246
7

QUALIFIED MILITARY SERVICE 

Qualified Military Service will be recognized for vesting purposes, for purposes of avoiding a 

Break in Covered Employment, and for benefit accrual. 

Participants who satisfy conditions imposed by the Uniformed Services Employment and 

Reemployment Rights Act of 1994 (USERRA) will be entitled to have their period of military 

service treated the same as Covered Employment for purposes of vesting and benefit accrual. To 

receive credit, you must have left employment with an Employer in a job classification covered 

by a Collective Bargaining Agreement to join the military. 

Your entitlement to benefits for time spent in military service also depends on your compliance 

with other legal requirements of USERRA, including the following: 

 Your separation from military service cannot be disqualifying under USERRA. A 

dishonorable or bad conduct discharge is disqualifying. 

 The total length of your absence due to military service may not exceed five years. 

 You must report for or submit an application for re-employment following military service 

within the time required by law. 

Length of Military Service Reemployment Deadline

Fewer than 31 days 1 day after discharge

31 through 180 days 14 days after discharge

More than 180 days 90 days after discharge

Each full week of Qualified Military Service is equal to your average weekly Hours of Service in 

Covered Employment during the 12 months preceding the start of your Qualified Military 

Service. For a period of Qualified Military Service that is less than a full week, Future Service 

Credit (see pages 4 and 5) will be pro-rated based on an assumption of 40 hours per week. Until 

you or your employer notify the Fund Office that you have met the conditions listed above, you 

will not receive credit for your military service. 

If you die while performing Qualified Military Service, you will be credited with service for the 

period of Qualified Military Service for purposes of both vesting and benefit accrual under the 

Plan as if you had resumed Covered Employment with an Employer on the day preceding death 

and then terminated Covered Employment on the date of death. 

If you become Disabled while performing Qualified Military Service, you will be credited with 

service for the period of Qualified Military Service for purposes of both vesting and benefit 

accrual under the Plan as if you had resumed Covered Employment with an Employer on the day 

preceding the day on which you incurred the disability and then terminated Covered 

Employment on the day you incurred the disability. 

As the rules for crediting military service are complex, we recommend that you contact the 

Administrative Office before you leave and after you return from military service. If you think 

you may be eligible to have your service recognized as Qualified Military Service, please 

provide the Administrative Office with accurate records of your service. This change is effective 

for veterans returning to employment on or after December 12, 1994. 

AZ BRK 000247
8

BECOMING FULLY VESTED 

Once you are vested, you cannot lose your accumulated Pension Credits or Vesting Service 

through a Break in Covered Employment (see pages 10 and 11). If you are vested, then you will 

be entitled to receive a pension starting at the permitted retirement age even if you leave Covered 

Employment or, for any reason, earn no additional Pension Credit or Vesting Service. If you 

work in Noncovered Employment on or after January 1, 2010, any benefits acquired on or after 

January 1, 2010, will be subject to delays. As discussed hereafter, you will also be ineligible for 

other particular benefits. 

Before January 1, 1976, you were vested once you had accumulated at least 10 years of Pension 

Credit not interrupted by a Permanent Break in Covered Employment. 

On and after January 1, 1976, you will be fully vested upon the earliest of the following: 

 You have accumulated at least 10 Pension Credits not interrupted by a Permanent Break in 

Covered Employment; or 

 You have accumulated at least 10 years of Vesting Service not interrupted by a Permanent 

Break in Covered Employment; or 

 You are not covered by a Collective Bargaining Agreement, you have an hour of Covered 

Employment on or after January 1, 1989, and you have at least 5 years of Vesting Service not 

interrupted by a Permanent Break in Covered Employment; or 

 You are covered by a Collective Bargaining Agreement, you have at least 5 years of Vesting 

Service (or at least 5 Pension Credits) not interrupted by a Permanent Break in Covered 

Employment, and you have a year of Pension Credit earned in a Plan Year beginning on or 

after January 1, 1993; or 

 You have attained Normal Retirement Age (generally age 65, but see page 2). In order to 

become vested by attaining Normal Retirement Age, you must be an Active Participant. 

Refer to the description of the Special Normal Retirement Age Vested Pension on page 19. 

AZ BRK 000248
9

SEPARATION FROM COVERED EMPLOYMENT 

The calculation of your pension benefits under this Plan is subject to the Rules on Separation 

from Covered Employment. 

Beginning January 1, 1976, you will incur a Separation from Covered Employment if you have 

two consecutive One-Year Breaks in Covered Employment. A One-Year Break in Covered 

Employment is fully explained in the section on Break in Covered Employment (see pages 10

and 11).

If you incur a Separation from Covered Employment, you will be considered to be “separated” as 

of the beginning of the two-year period that constituted the Separation. 

An Employee who has a Separation from Covered Employment will have his benefit amount 

“frozen” at the benefit rate in effect at the time of his separation. 

If, following a Separation, you return to work in Covered Employment and earn additional 

Pension Credit, then upon your retirement the monthly pension attributable to the Pension Credit 

you earned after the Separation will be determined based on the benefit rates in effect on the date 

of your retirement or your subsequent Separation from Covered Employment, if any, whichever 

is earlier. The history of the benefit factors is shown on pages 59 and 60. 

AZ BRK 000249
10

BREAK IN COVERED EMPLOYMENT 

This Pension Trust Fund was created to provide security for Employees who earn their living 

over a major portion of their working years by work in this industry. For this reason, reasonable 

standards for continuity of service were written into the regulations. This is the basis for the 

Break in Covered Employment regulations. 

An Employee who does not work a required number of hours in Covered Employment in a Plan 

Year incurs a One Year Break in Covered Employment. A series of One Year Breaks in 

Covered Employment may lead to a Permanent Break in Covered Employment. A Permanent 

Break means the loss of previously earned Pension Credit and Vesting Service. However, if you 

are vested (see page 8), you cannot incur a Permanent Break in Covered Employment. 

Beginning January 1, 1987, the Break rules are applied in this manner: 

Hours of Service in a Plan Year Result

0 – 299 One Year Break in Covered Employment

300 – 999 Grace Year

1,000 or more Year of Vesting Service

After January 1, 1987, if an Employee incurs two consecutive One Year Breaks and the number 

of consecutive One Year Breaks in Covered Employment equals or exceeds his total number of 

years of Vesting Service, and is at least five, and he is not vested, then he has suffered a 

Permanent Break in Covered Employment and his prior Pension Credit and Vesting Service are 

cancelled. No Pension Credits or Vesting Service may be cancelled once a Participant is Vested. 

Any succession of One Year Breaks which has not yet become a Permanent Break is ended if the 

Employee earns a year of Vesting Service; in this case his record is still intact and the One Year 

Breaks are disregarded. Earning a Grace Year does not end a succession of One Year Breaks, 

but neither does it add to it. 

Qualified Military Service (see page 7) will be recognized for purposes of determining whether 

you incurred a One Year Break in Covered Employment in a given Plan Year. You should 

advise the Administrative Office of your military service, if any. 

Restoring Credit Lost Due to a Permanent Break 

If you incurred a Permanent Break in Covered Employment on or after January 1, 1976, and at 

the time of the Break you had between five (5) and ten (10) Pension Credits, then you may 

restore some or all of your cancelled Pension Credit if you subsequently return to Covered 

Employment and become vested. If you perform at least one hour of Noncovered Employment 

after January 1, 2010, however, you will be ineligible to restore any cancelled Pension Credits. 

Otherwise, once you have become vested, you may “earn back” your cancelled Pension Credit, if 

any, along with newly accrued Pension Credit. You cannot restore cancelled Pension Credits at 

a faster rate than the rate at which you accumulate new Pension Credit. Additionally, any 

AZ BRK 000250
11

restored Pension Credit will be payable at the rates which would have been applicable to such 

Credit at the time you incurred the Permanent Break which caused the Credit to be cancelled. 

From January 1, 1976 to December 31, 1986, the Break Rules in effect were identical to the 

rules in effect beginning January 1, 1987 except in one respect. Whereas after January 1, 1987 at 

least five consecutive One Year Breaks in Covered Employment were needed to incur a 

Permanent Break, during the period from January 1, 1976 to December 31, 1986, only two 

consecutive One Year Breaks were needed to incur a Permanent Break, if two equaled or 

exceeded the number of years of Vesting Service. 

Break Rules Before January 1, 1976 

Between January 1, 1960 and December 31, 1966, an Employee incurred a Permanent Break in 

Covered Employment and his previously accumulated Pension Credit was cancelled if he failed 

to earn one-quarter of Pension Credit in a period of two consecutive calendar years. 

Between January 1, 1967 and December 31, 1975, an Employee incurred a Permanent Break in 

Covered Employment and his previously accumulated Pension Credit was canceled if he failed 

to work 300 hours in Covered Employment in a period of two consecutive calendar years. 

Grace Periods Before January 1, 1976

There were periods before January 1, 1976 when an Employee was absent from Covered 

Employment which were not counted towards a Break in Covered Employment. Although a 

“grace period” did not add to an Employee’s Pension Credit, it was a period during which he was 

protected from the Break Rules. Grace periods were recognized for: 

1. Disability. 

2. Service in the Armed Forces. 

Grace periods of up to two consecutive Plan Years could have been granted for disability. There 

was no limit to the length of time for which a grace period could have been granted for service in 

the Armed Forces. An Employee who returned to Covered Employment following a grace 

period would have resumed earning Pension Credit and Vesting Service. 

AZ BRK 000251
12

TYPES OF PENSION 

Several types of pensions are available to Employees under this Plan. Requirements for the 

different types of pensions vary and so do rates of payment. The Administrative Office can tell 

you about your eligibility and explain various factors which should be considered when you are 

ready to think about retirement. 

This section describes the types and amounts of pension and the service, age and other 

requirements for each. The amount of monthly pension payment with each type will vary 

according to a number of factors, including when your Pension Credits were earned, when you 

apply for pension, the options you select, etc. 

The types of pensions available under the Plan, each of which is described in detail in the 

following pages, are (1) Regular Pension, (2) Early Retirement Pension, (3) Disability Pension, 

(4) Vested Service Pension, and (5) Special Normal Retirement Age Pension. 

1. REGULAR PENSION 

Eligibility 

Upon application and retirement, you will be eligible for a Regular Pension if you meet all of the 

following requirements: 

1. You are at least 65 years of age. 

2. You have at least ten years of Pension Credit without a Permanent Break in Covered 

Employment. 

3. You have received credit for at least 700 hours of work in Covered Employment since 

January 1, 1960 (for Bricklayers), or since July 1, 1965 (for Tilelayers). 

Notwithstanding these requirements, for every calendar quarter in which you work at least one 

hour of Noncovered Employment after January 1, 2010, your eligibility for a Regular Pension 

shall be delayed six (6) months for benefits earned after January 1, 2010. Benefits earned prior 

to January 1, 2010, shall not be delayed pursuant to this section, however, suspensions for 

Prohibited Employment still apply. In no event would delay extend beyond Normal Retirement 

Age.

Pension Amount 

The monthly amount of your Regular Pension is determined based on (1) how much Pension 

Credit you have, and (2) during which Plan Years your Pension Credit was earned. Each 

Pension Credit you have is multiplied by the factor (expressed as a dollar amount) that 

corresponds to the Plan Year in which the Pension Credit was earned. If you earned a fraction of 

a Pension Credit in a given Plan Year, the monthly pension you accrue in that Plan Year will be 

proportionately less. The benefit amounts you earned in each Plan Year are added up to 

determine your total monthly pension amount. 

AZ BRK 000252
13

For benefits accrued on and after January 1, 1979, the applicable factors for a given Plan Year 

are the same for both Bricklayers and Tilelayers. However, for benefits earned prior to that date, 

there were different factors for Bricklayers and Tilelayers. 

The following chart shows the benefit factors applicable to Regular Pensions with an Annuity 

Starting Date on or after July 1, 2008. The dollar amount in the chart represents monthly 

pension per year of Pension Credit. Remember that different factors may apply if you have 

incurred a Separation from Covered Employment (see page 9).

Factors Applicable to Pensions with Annuity Starting Dates on or after July 1, 2008: 

Period In Which Pension Credit 

Was Earned

Monthly Regular Pension 

Amount per Pension Credit 

Earned During the 

Applicable Period

Bricklayers:

Prior to 1/1/1960

1/1/1960 through 12/31/1995

1/1/1996 through 12/31/2006

On and after 1/1/2007 

$13.75

$61.00

$43.00

$30.00

Tilelayers: Prior to 7/1/1965

7/1/1965 through 12/31/1995

1/1/1996 through 12/31/2006

On and after 1/1/2007

$12.00

$61.00

$43.00

$30.00

A step-by-step example of how to compute a Regular Pension using this chart is on page 62. 

Also, charts on pages 59 and 60 of this booklet show the factors used to calculate Regular 

Pensions that became effective before July 1, 2008.

The total monthly amount computed from the above chart would be reduced for Early 

Retirement, if applicable (see page 15), and is based on single-life protection. If you are 

married, however, then your pension will be reduced as described under the Qualified Joint and 

Survivor Annuity (see pages 20 through 24) unless you and your spouse properly reject the 

Qualified Joint and Survivor Annuity and elect some other form of payment. 

Delayed Retirement 

The Plan's “Delayed Retirement” provisions apply if the Annuity Starting Date of the pension is 

later than the retiree’s Normal Retirement Age (generally age 65, but see page 2 of this booklet). 

When a Delayed Retirement Pension becomes effective, the retiree will receive the greater of: 

1. The monthly benefit otherwise payable as of the Annuity Starting Date, calculated as shown 

in the chart on this page without taking delayed retirement into account; or

2. The benefit the retiree would have received if he had retired at Normal Retirement Age 

(based on the benefit factors in effect at that time and using the Pension Credit he had as of 

that date), actuarially increased for each month between Normal Retirement Age and his 

Annuity Starting Date in which he worked 40 or fewer hours in employment of the type 

AZ BRK 000253
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described below. The actuarial increase, if applicable, will be 1% per month for the first 60 

months after Normal Retirement Age, and 1.5% per month for each month thereafter. 

If you are 65 (or Normal Retirement Age, if later) and you do not apply for benefits, then you 

will receive a formal suspension notice. This notice means that when you do eventually retire, a 

statutory definition of suspendible employment for a pensioner older than Normal Retirement 

Age will be applied in determining the months for which you are—or are not—entitled to an 

actuarial increase for delayed retirement. 

Benefits will be considered formally suspended, and the actuarial increase, as described above, 

will not be applicable for each month after Normal Retirement Age in which a Participant works 

in employment for wages or profit that (1) is more than 40 hours in a calendar month, and (2) is 

in the State of Arizona, and (3) is in the same industry or in the same trade or craft as Covered 

Employment under this Plan. The term “same industry” means any business activity of any 

employer who employs any employee to perform work of the type covered by the Plan. The 

term “same trade or craft” means working with the tools — that is, any occupation, including 

self-employment, in which an employee performs work as a bricklayer or tilelayer. See the 

Rules of the Plan for a detailed explanation of “same industry” and “same trade or craft.” 

Also see the term Required Beginning Date, as defined on page 3. 

The Plan’s Delayed Retirement Provisions are not applicable to pensions with Annuity Starting 

Dates prior to January 1, 1989. 

AZ BRK 000254
15

2. EARLY RETIREMENT PENSION 

Eligibility 

Upon application and retirement, you will be eligible for an Early Retirement Pension if you 

meet all of the following requirements: 

1. You are at least age 55 and not yet 65. 

2. You have at least 10 years of Pension Credit without a Permanent Break in Covered 

Employment. 

3. You have received credit for at least 700 hours of work in Covered Employment since 

January 1, 1960 (for Bricklayers), or since July 1, 1965 (for Tilelayers). 

Notwithstanding these requirements, for every calendar quarter in which you work at least one 

hour of Noncovered Employment after January 1, 2010, your eligibility for an Early Retirement 

Pension shall be delayed six (6) months for Benefits earned after January 1, 2010. Benefits 

earned prior to January 1, 2010, shall not be delayed pursuant to this section. However, 

suspensions for prohibited employment still apply. In no event would delay extend beyond 

Normal Retirement Age. 

Pension Amount 

With an Early Retirement Pension, you will receive less than 100% of the Regular Pension 

payment because you are retiring at an earlier age and, therefore, the chances are that you will be 

paid a pension for a longer time. 

For Early Retirement Pensions with an Annuity Starting Date (see page 31) on or after December 

1, 1997, the age reduction is as follows: 

For Early Retirement Pensioners who are younger than age 60 on their Annuity Starting Date, 

the reduction is 1% for each year — this is 1/12 of 1% for each month — for the five-year period 

between age 60 and age 65, and 2% for each year — this is 1/6 of 1% for each month — by 

which they are younger than 60 on their effective date. 

For Early Retirement Pensioners who are 60 or older on their Annuity Starting Date, the 

reduction is 1% for each year — this is 1/12 of 1% for each month — by which they are younger 

than 65 on their effective date. 

To determine what your monthly pension would be under the Early Retirement Pension, the first 

step is to figure out what the amount would be if you were age 65 and were retiring on a Regular 

Pension with the same amount of credit you now have. The second step is to apply the 

appropriate reduction for age, as shown above. 

Examples of Early Retirement calculations are provided on page 63 of this booklet. You may 

call the Administrative Office if you have any questions about the Early Retirement Pension to 

which you would be entitled at a given age. 

Remember, if you are married, then your pension will be also be reduced as described under the 

QJSA (see pages 20 through 24) unless you and your spouse properly reject QJSA. 

AZ BRK 000255
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3. DISABILITY PENSION 

Upon application and retirement, you will be eligible for a Disability Pension if you meet all of 

the conditions under A or B below: 

A. 1. You are totally and permanently disabled for any type of gainful employment 

 prior to attaining age 65. 

2. You have at least ten years of Pension Credit or, for Annuity Starting Dates on 

and after January 1, 2009, you have at least five years of Pension Credit. 

3. Your service includes credit for at least 700 hours of work in Covered 

Employment since January 1, 1960 (for Bricklayer), or since July 1, 1965 (for 

Tilelayers). 

OR

B. 1. You are totally and permanently disabled for work in trade. 

2. You have at least 15 years of Pension Credit without an intervening Permanent 

Break in Covered Employment. 

3. Your service includes credit for at least 700 hours of work in Covered 

Employment since January 1, 1960 (for Bricklayers), or since July 1, 1965 (for 

Tilelayers). 

Notwithstanding any other provisions of this plan, if you perform at least one hour of 

Noncovered Employment on or after January 1, 2010, as defined in Article III, Section 1, you are 

ineligible for any Disability Pension or the Auxiliary Disability Benefit as described on the 

following page. 

Proof of Disability 

As proof of disability, you may submit to the Administrative Office competent medical evidence, 

or the official determination by the Federal Social Security Administration that you are entitled 

to Social Security Disability benefits. The Board of Trustees may require that you submit to an 

examination by a competent medical authority of the Trustees’ selection. The Trustees may 

require evidence from time to time that you remain totally and permanently disabled. Once a 

Disability Pensioner reaches age 65, however, pension payments will continue for life regardless 

of disability. 

Pension Amount 

The monthly amount of the Disability Pension is determined in the same way as the Regular 

Pension (see pages 12 and 13). Remember, however, that if you are married, your pension will 

be reduced as described under the QJSA (see pages 20 through 24) unless you and your spouse 

properly reject the QJSA. 

AZ BRK 000256
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Procedures for Disability Payments

Once proof of disability has been established and you submit a proper application, disability 

benefits under the Plan can begin as of the sixth month of disability. If a determination by the 

federal Social Security Administration is used to establish your disability, you must file your 

application for a Disability Pension and a copy of your notice of entitlement to Social Security 

Disability benefits with the Administrative Office within 180 days after the date on which the 

Social Security Administration mailed the notice. If you become eligible for a Disability 

Pension after your disability commencement date, then you may be entitled to an Auxiliary 

Disability Benefit. Your disability commencement date is the date you were entitled to Social 

Security Disability benefits or, in some cases, the first day of the month following five full 

calendar months of permanent and total disability as defined in Article III, Section 7 of the Plan. 

If you are entitled to an Auxiliary Disability Benefit, then your disability benefit will be payable 

as of your disability commencement date. The Auxiliary Disability Benefit is an amount, 

payable as a lump sum, equal to the monthly benefit which would have been payable under the 

Participant’s Disability Pension (in the payment form elected for that pension) between the 

disability commencement date and the Annuity Starting Date of the Disability Pension 

If either the notice of entitlement or the application for a Disability Pension is filed after the end 

of this 180 day period, then benefits will not be effective until the first month following the 

month in which all required documents have been filed with the Administrative Office. It is best 

for you to file your application for Disability Pension with the Administrative Office at the same 

time you apply to the U.S. Government for Social Security benefits. Upon receiving your notice 

of entitlement from the Social Security Administration, promptly submit it to the Administrative 

Office. This will ensure that disability benefits from the Plan become payable as early as 

possible, including the Auxiliary Disability Benefit if you are eligible to receive it. 

Before age 65, Disability Pension payments will continue only as long as you remain totally 

disabled. 

Conversion of an Early Retirement Pension to a Disability Pension

Beginning January 1, 1984, a Participant who is totally disabled on the date he applies for a 

Disability Pension may, if otherwise qualified, elect to receive an Early Retirement Pension 

pending proof of his disability. If the Participant then qualifies for a Disability Pension, his 

pension may be converted to a Disability Pension, which is not reduced for age. The effective 

date of the conversion will be determined as described in the preceding section. Remember, you 

should file your pension application at the same time you apply to the Social Security 

Administration for disability benefits; upon receiving your notice of entitlement from the Social 

Security Administration, promptly submit it to the Administrative Office. This will ensure that 

disability benefits from the Plan become payable as early as possible. 

AZ BRK 000257
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Recovery of a Disability Pensioner 

If a Disability Pensioner loses entitlement to Social Security Disability benefits or recovers from 

his disability, then he must give written notice of this loss of entitlement or recovery to the 

Administrative Office. This notice must be given within 21 days after the date of the notice of 

discontinuance of Social Security benefits or the date of recovery, whichever occurs first. If a 

Disability Pensioner returns to Covered Employment after he recovers, he can, of course, earn 

additional Pension Credit and Vesting Service Credit. 

Failure to give this timely written notice will result in a six month delay in the re-commencement 

of pension payments upon subsequent retirement. In addition to this six month period, there may 

be additional delays due to months, if any, which followed recovery or receipt of the notice of 

termination of Social Security Disability benefits, but for which disability benefits were paid by 

the Fund. In no event, however, will such delays extend beyond his Normal Retirement Age. 

AZ BRK 000258
19

4. VESTED SERVICE PENSION 

Eligibility

Upon application and retirement, you will be eligible for a Vested Service Pension if you meet 

both of the following requirements: 

1. You are at least age 65. 

2. You meet the Plan’s service requirement for vesting. The various ways of becoming 

vested based on your service are described on page 8. If you do not meet this 

requirement but are vested based on having attained Normal Retirement Age, see the 

following section describing the Special Normal Retirement Age Vested Pension. 

Pension Amount 

The monthly amount of the Vested Service Pension is determined in the same way as the Regular 

Pension (see pages 12 through 14). Remember, however, that if you are married, your pension 

will be reduced as described under the QJSA (see pages 20 through 24) unless you and your 

spouse properly reject the QJSA. 

5. SPECIAL NORMAL RETIREMENT AGE VESTED PENSION 

Eligibility

Upon application and retirement, you will be eligible for a Special Normal Retirement Age 

Vested Pension if you meet both of the following requirements: 

1. You have reached Normal Retirement Age. The term “Normal Retirement Age” means 

age 65, or, if later, an applicable anniversary date. That anniversary date is the earlier of 

(a) the 10th anniversary of your participation in the Plan, or (b) the 5th anniversary of 

your participation in the Plan counting only service on and after January 1, 1988. 

2. You were an Active Participant in the Plan on the date you reached Normal Retirement 

Age. If you have incurred a One Year Break in Covered Employment (see page 10) after 

the most recent Plan Year in which you earned a year of Vesting Service (see page 6), 

then you will not be considered an Active Participant. 

Pension Amount

The monthly amount of the Special Normal Retirement Age Vested Pension is determined in the 

same way as the Regular Pension (see pages 12 through 14). Remember, however, that if you 

are married, your pension will be reduced as described under the QJSA (see pages 20 through 

24) unless you and your spouse properly reject the QJSA. 

AZ BRK 000259
20

FORMS OF PAYMENT 

The forms of payment provided by the Plan are (1) the single life annuity with 36-month certain 

period, (2) the Qualified Joint and Survivor Annuity (QJSA), and (3) the Qualified Optional 

Survivor Annuity (QOSA). Only one form of payment may be chosen and, once benefit 

payments have begun, this cannot be changed. The Rules of the Plan specify that the single life 

annuity with 36-month certain period is the automatic form of payment for unmarried retirees, 

and that the QJSA is the automatic form of payment for married retirees. 

All pensions will be paid in the automatic form which corresponds to the retiree’s marital status, 

with this exception: a married retiree, with spousal consent, may reject the automatic form and 

instead receive a single life annuity with 36-month certain period. 

Upon request, the Administrative Office will help you calculate your benefit under the available 

form or forms so that you can decide which form of payment you want. 

1. SINGLE LIFE ANNUITY WITH 36-MONTH CERTAIN PERIOD 

The automatic form of payment if you are unmarried is a single life annuity with a 36-month 

certain period. This means that the monthly benefit for which you qualify, based on your age 

and service, is payable for your lifetime. See the descriptions, on pages 12 through 19, of the 

types of Pensions available under the Plan. Upon your death, payments cease unless fewer than 

36 monthly payments have been made, in which case payments would continue to your 

designated beneficiary until the number of monthly payments made to you and to your 

beneficiary total 36. For example, if you received 20 payments prior to your death, then your 

beneficiary would receive 16 monthly payments. The amount of the monthly payment to your 

beneficiary is equal to the monthly pension you were receiving at the time of death. 

2. QUALIFIED JOINT AND SURVIVOR ANNUITY (QJSA) 

The automatic form of payment if you are married is the Qualified Joint and Survivor Annuity 

(QJSA). This means that a reduced monthly benefit is paid during your lifetime, and, upon your 

death, a survivor annuity is paid during your surviving spouse’s lifetime. 

If the Annuity Starting Date (see page 31) of your QJSA is before December 1, 1998, then 

upon your death your surviving spouse would receive a lifetime monthly benefit equal to 50% of 

the monthly benefit you were receiving at the time of your death. For example, if you were 

receiving a monthly pension of $700.00 under the QJSA, then upon your death your surviving 

spouse would receive a lifetime monthly benefit of $350.00. 

However, if the Annuity Starting Date (see page 31) of your QJSA is on or after December 

1, 1998, then upon your death your surviving spouse would receive a lifetime monthly benefit 

equal to 100% of the monthly benefit you were receiving at the time of your death. 

The benefit level is reduced because the QJSA extends protection over two lifetimes. The extent 

of the reduction depends on (1) whether your pension is a Disability Pension, and (2) the 

difference between your age and your spouse’s age. If your spouse is much younger than you 

are, then your benefits will be reduced more than if you are close to the same age or if your 

AZ BRK 000260
21

spouse is older than you. The reason is that, statistically, a younger spouse is likely to benefit 

more from this added protection. The monthly benefit payable during your lifetime is 

determined by the following formulas: 

Non-Disability Pensions 

If you are eligible for any type of pension other than a Disability Pension, your pension will be 

reduced for the QJSA by multiplying the amount payable as a single life annuity by 89% minus 

.4% for each year by which your spouse is younger than you or plus .4% for each year by which 

your spouse is older than you. The maximum percentage is 100%. 

Disability Pensions

If you are eligible for a Disability Pension, your pension will be reduced for the QJSA by 

multiplying the amount payable as a single life annuity by 79% minus .4% for each year by 

which your spouse is younger than you or plus .4% for each year by which your spouse is older 

than you. If you are younger than age 55 when your Disability Pension is effective, an additional 

.5% for each year by which you are younger than age 55 is added to the percentage above. The 

maximum percentage is 100%. 

Examples

1. Assume you are eligible for a Regular Pension of $700.00 per month. You are 65 years 

old and your spouse is 60 years old. To determine the monthly amount you would 

receive under the QJSA, you first determine how many years younger or older your 

spouse is than you and multiply that number of years by .4%. In this case, your spouse is 

5 years younger than you, so you would multiply 5 years by .4%, which equals 2%. 

Because your spouse is younger than you, you must subtract the 2% from 89%, which 

equals 87%. Therefore, your Regular Pension of $700.00 is multiplied by 87% which 

equals $609.00. This is the monthly amount of pension you would receive for the rest of 

your life under the QJSA. Upon your death, your surviving spouse will receive 50% of 

that amount, or $304.50, for the remainder of her life. 

2. Now assume that you are eligible for a Disability Pension of $400.00 per month. You are 

age 54 and your spouse is age 51. The first step is multiplying your age difference of 3 

years times .4%, which equals 1.2%. Because your spouse is younger than you, this 

amount is subtracted from 79%, which equals 77.8%. Because you are younger than age 

55 on your effective date, an additional .5% will be added to the 77.8% because you are 

one year younger than age 55. The resulting percentage is 78.3%. Your Disability 

Pension of $400.00 is multiplied by 78.3%, which equals $313.20. This is the monthly 

amount of Disability Pension you will receive for the rest of your life. Upon your death, 

your surviving spouse will receive 50% of that amount, or $156.60, for the remainder of 

her life. 

Remember, however, that if the Annuity Starting Date of your QJSA is on or after December 1, 

1998, then upon your death your surviving spouse would receive a lifetime monthly benefit 

equal to 100% (not 50% as described in the examples above) of the monthly benefit you were 

receiving at the time of your death. 

AZ BRK 000261
22

See page 64 of this summary for additional examples of QJSA calculations. If you are unable to 

figure out the amount of your monthly benefit under the QJSA, you can write the Administrative 

Office. The Administrative Office will help you with the calculation upon written request. 

Qualified Joint and Survivor Annuity (QJSA) at Retirement

If you are married when you retire, then your pension will automatically be paid in the form of a 

QJSA unless you and your spouse properly reject this form of payment. The election form must 

be signed, notarized, and dated no more than 90 days before the Annuity Starting Date of your 

pension. In accordance with federal regulations, the Plan will not honor a rejection of the QJSA 

more than 90 days before your benefits are effective, so you may need to complete a new form if 

delays occur in processing your application. 

When you file a pension application, if you are married, the Administrative Office will give you 

an estimate of the monthly benefit payable under the automatic form of payment and under the 

other available form of payment. You and your spouse may then elect or reject the QJSA by 

filing the completed election form with the Administrative Office. 

Special Provision for Disability Pensioners

If an Employee retired on a Disability Pension should die before age 55, benefits for the 

surviving spouse will begin only after the date the Employee would have reached age 55. 

50% Pre-Retirement Survivor Annuity

If you are vested (see page 8) and die before your Annuity Starting Date (see page 31), then your 

eligible surviving spouse will receive a 50% pre-retirement survivor annuity. This means that 

your surviving spouse will receive, for life, a monthly benefit equal to 50% of the monthly 

amount that would have been payable to you if you had retired on a QJSA (see pages 20 through 

24) on the day before your death. At the time of your death, you and your spouse must have 

been married for at least one year in order for the 50% pre-retirement survivor annuity to be 

payable to your spouse. 

Death benefits, if applicable, will be payable on your behalf once your spouse’s application for 

death benefits and the necessary documentation (birth, marriage, and death certificates) are filed 

with the Administrative Office. 

If your death occurs before you attain age 55, then benefits to your surviving spouse will not be 

payable until you would have attained age 55. The reduction for your age will be determined as 

if you had been age 55 on the date of your death. 

If your death occurs after you attain age 55, then benefits to your surviving spouse may begin as 

of the first of the month following the month in which your death occurred. 

Your surviving spouse may elect to delay the commencement of benefits until the later of (1) the 

end of the year in which you would have reached age 701⁄2 had you lived or, (2) the end of the 

year following the year in which your death occurred. 

If benefits to your surviving spouse do not start until after you would have attained Normal 

Retirement Age, then the amount of the 50% pre-retirement survivor annuity payable to your 

AZ BRK 000262
23

spouse will take into account the Plan’s provision on adjustment for delayed retirement (see 

pages 13 and 14).

Your surviving spouse may elect to receive a single lump sum payment (see page 25) instead of 

the 50% pre-retirement survivor annuity. If this lump sum is less than the actuarial value of the 

survivor annuity, then the lump sum will be increased to equal that actuarial value. This option 

must be selected within 90 days of the death of the Participant. 

No Death Benefit, other than the Qualified Pre-retirement Survivor Annuity or the 

available post-retirement 36-month certain period for benefits accrued before January 1, 2010, 

will be payable if you engage in Noncovered Employment on or after January 1, 2010. 

Significant points about the Qualified Joint and Survivor Annuity (QJSA)

 If you are married, then you will receive the QJSA when you retire unless you and your 

spouse properly reject it and elect another form of payment. 

 The QJSA can protect only the spouse to whom you are married at the time your pension 

payments start AND to whom you were married for at least one year prior to your death. 

 Once payments have begun in the form of the QJSA, they will continue at the same level 

even if your spouse should die before you or if your marriage should be dissolved, 

provided however, if your spouse predeceases you on or after January 1, 1999, then the 

monthly amount of the QJSA will be increased to the amount that would have been 

payable to you if your pension were paid in the form of a Single Life Annuity with a 36-

month certain period. 

 Payments to the surviving spouse are for life; they would not be affected by remarriage. 

 After your payments under the QJSA have begun, if your spouse should die before you, 

then all pension payments will stop upon your death. 

Domestic Relations Orders/Divorce Decrees

The Retirement Equity Act of 1984 provides that the Plan must recognize any Qualified 

Domestic Relations Order and make payments as directed by the Order to any spouse, former 

spouse, child or other dependent (called an “alternate payee”) of a Plan Participant specified by 

the Order. A Qualified Domestic Relations Order (QDRO) is a state domestic relations order 

such as a divorce decree which creates or recognizes an alternate payee’s right to, or assigns to 

an alternate payee the right to receive all of or a portion of the benefits payable to a participant 

under the Plan. Any lawful judgment, decree, order, or property settlement agreement which has 

been entered into pursuant to a court order may be a QDRO if it relates to the provision of child 

support, alimony payments, or marital property of a spouse, former spouse, child or other 

dependent of a Plan Participant and is made pursuant to state domestic relations law. 

The Trustees cannot recognize or honor a domestic relations order, such as a divorce decree 

which attempts to divide a pension, unless the order or decree contains certain information and 

otherwise complies with federal law. If you are contemplating a divorce or are a party to any 

other domestic relations action which may involve your benefits under the Plan, then you should 

contact the Administrative Office for additional information before any such domestic relations 

order or decree is signed by the judge. 

AZ BRK 000263
24

The Trustees have adopted formal procedures for the treatment of domestic relations orders 

received by the Plan, and a copy of those procedures in available without charge from the 

Administrative Office. 

Please note that a QDRO cannot change the terms of the Plan. Neither a divorce nor a Court’s 

issuance of a QDRO are events that allow for immediate distribution of benefits. 

Qualified Optional Survivor Annuity (QOSA) 

For Annuity Starting Dates on and after January 1, 2009, subject to spousal consent and 

additional specific conditions set forth in Article IV, Section 7 of the Plan, if you are married, 

you may elect to receive the Qualified Optional 50% Joint and Survivor Annuity (QOSA) instead 

of the Qualified Joint and Survivor Annuity (QJSA) set forth on page 20 of this Summary Plan 

Description and in Article IV, Section 2 of the Plan. If you select the 50% QOSA, the amount of 

your Pension will be reduced as follows: 

Non-Disability Pensions 

The Pension amount otherwise payable shall be adjusted by multiplying it by 98.0 percent minus 

.3 percentage points for each year by which your surviving Spouse’s age is less than your age or 

plus .3 percentage points for each year by which your surviving Spouse’s age is greater than 

yours; however, in no event shall the resulting percentage be greater than 100 percent. 

Disability Pensions 

The Pension amount otherwise payable shall be adjusted by multiplying it by 87.5 percent minus 

.3 percentage points for each year by which your surviving Spouse’s age is less than your age or 

plus .3 percentage points for each year by which your surviving Spouse’s age is greater than 

yours; however, in no event shall the resulting percentage be greater than 100 percent. 

If you are younger than age 55 on the Annuity Starting Date of your Disability Pension, an 

additional .5 percentage points for each year by which you are younger than age 55 shall be 

added to the percentage determined above. In no event shall the resulting percentage be greater 

than 100 percent. 

Pop-Up

If you elect the 50% QOSA and your Spouse predeceases you, the monthly amount payable to 

you will be increased so as to equal your benefit payable in the form of a 36-month certain and 

life annuity, which is the normal form of payment you would be entitled to if you were not 

married at the time you retire. 

AZ BRK 000264
25

DEATH BENEFITS 

Pre-Retirement Death Benefits 

If an Employee dies prior to becoming a Pensioner and the QJSA provisions (see pages 20 

through 24) are not applicable, then his designated beneficiary will receive a lump-sum payment 

equal to the total amount of contributions made to the Fund on the Employee’s behalf. 

Contributions which precede a Permanent Break in Covered Employment (see page 10), will not, 

however, be included in this lump sum death benefit. 

The eligible surviving spouse of an Employee who dies before becoming a Pensioner may elect, 

within 90 days after the date of the Employee’s death, to receive the lump sum death benefit 

described above instead of the 50% pre-retirement survivor annuity. Refer to pages 23 and 24. 

The amount paid to an eligible surviving spouse who elects to receive a lump sum will be the 

greater of (1) the contributions made on the Employee’s behalf, or (2) the actuarial present value 

of the 50% pre-retirement survivor annuity. 

Death After Retirement 

If a Pensioner receiving payments in the form of the single life annuity with 36-month certain 

period (see page 20) dies before he has received 36 monthly payments, then his beneficiary will 

receive the remainder of the 36 monthly payments. If the Pensioner has received 36 or more 

monthly payments at the time of his death, then payments will cease upon his death and no 

payment will be made to his designated beneficiary. If an Employee or Participant performs at 

least one hour of Noncovered Employment on or after January 1, 2010, no post retirement death 

benefit shall thereafter be payable with regard to benefits accrued on and after January 1, 2010. 

If a Pensioner is receiving payments in the form of a QJSA (see pages 20 through 24), and the 

Pensioner’s Annuity Starting Date was prior to December 1, 1998, then upon the Pensioner’s 

death, the surviving spouse, subject to the Plan’s requirements, will receive a lifetime monthly 

survivor annuity equal to 50% of the monthly benefit the Pensioner was receiving at the time of 

his death. 

If a Pensioner is receiving payments in the form of a QJSA (see pages 20 through 24), and the 

Pensioner’s Annuity Starting Date was on or after December 1, 1998, then upon the 

Pensioner’s death, the surviving spouse, subject to the Plan’s requirements, will receive a 

lifetime monthly survivor annuity equal to 100% of the monthly benefit the Pensioner was 

receiving at the time of his death. 

Death During Qualified Military Service 

If a Participant dies while performing Qualified Military Service after January 1, 2007, the 

Participant’s beneficiaries shall be entitled to any additional benefits (other than benefit accruals 

relating to the period of Qualified Military Service) that would have been provided under the 

Plan if the Participant had resumed Covered Employment and then terminated Covered 

Employment on account of death. Also, the period of the Participant’s Qualified Military 

AZ BRK 000265
26

Service shall be treated as vesting service under the Plan. For additional information, see the 

discussion of Qualified Military Service on page 6. 

Designation of Beneficiary 

You may designate a beneficiary to receive any death benefits payable on your behalf. If you are 

married, then your spouse must consent to the beneficiary whom you name. You may change 

your designated beneficiary at any time by completing a new Beneficiary Form and filing it with 

the Administrative Office. If you are married, your spouse’s consent is required for any change 

to be effective. The Beneficiary Form will be effective only if it is received by the 

Administrative Office prior to your death. 

If you do not have a valid Beneficiary Form on file at the Administrative Office at the time of 

your death, then the death benefits, if any, that would otherwise be payable to your designated 

beneficiary will be paid in the following order of precedence: first, to your surviving spouse, or, 

if none, then to your surviving children, or, if none, then to your estate. 

No Death Benefit, other than the Qualified Pre-retirement Survivor Annuity or the 

available post-retirement 36-month certain period for benefits accrued before January 1, 2010, 

will be payable if you engage in Noncovered Employment on or after January 1, 2010. 

AZ BRK 000266
27

RETIREMENT AND SUSPENSION OF BENEFITS FOR 

CERTAIN EMPLOYMENT AFTER RETIREMENT 

To receive monthly pension payment from this Plan, you must withdraw from and refrain from 

work which is prohibited by the Plan Rules. If you take work which is prohibited employment 

for Pensioners, then you must notify the Administrative Office of your employment, in writing, 

within 21 days after you start work. Your monthly pension will be suspended while you are in 

prohibited employment and, under some circumstances, for additional months over and above 

those months in which you were actually engaged in prohibited employment. 

Prohibited Employment for Pensioners Before Normal Retirement Age 

To qualify as retired before Normal Retirement Age (generally 65, but see page 2), you must 

cease and withdraw from any and all Covered Employment. Further, you must cease and 

withdraw from work in any capacity or business activity of any kind within the jurisdiction of the 

Collective Bargaining Agreement, for actual or potential wages or profit or other benefit in the 

same industry or in the same trade or craft for an employer (including self-employment) that is 

not covered by the Collective Bargaining Agreement. 

 The term “Covered Employment” means work for which the Employer is required to 

contribute to this Pension Fund on the Employee’s behalf (see Article I, Section 7 of the 

Plan). 

 The “same industry” means any business activity of any employer, including selfemployment, who employs any employee to perform work of the type covered by the 

Plan. 

 The “same trade or craft” means working with the tools – that is, any occupation, 

including self-employment, in which an employee performs work as a bricklayer or 

tilelayer. 

In summary, to qualify for retirement and pension benefits before Normal Retirement Age, you 

must not work in any capacity or be involved in any business activity of any kind, including but 

not limited to working as a superintendent, assistant superintendent, general foreman, estimator, 

etc. or working or acting as an owner, officer, director, or qualifying party in the bricklaying or 

tilelaying industry within the jurisdiction of the Collective Bargaining Agreement regardless of 

whether such work or involvement is for an employer who is signatory to the Collective 

Bargaining Agreement or not. 

Prohibited Employment for Pensioners Between Normal Retirement Age and Age 701⁄2 

To be considered retired after Normal Retirement Age (generally age 65, but see page 2) but 

before April 1 of the calendar year following the year in which you attain age 701⁄2, you must 

cease and withdraw from and refrain from any employment in the State of Arizona for wages or 

profit which is in excess of 40 hours per month in the same industry or in the same trade or craft 

for an employer (including self-employment) that is not covered by a Collective Bargaining 

AZ BRK 000267
28

Agreement with the Union. Since November 1, 2000, there has been no restriction on the 

amount of Covered Employment you may perform after achieving Normal Retirement Age. 

In summary, you may work for an employer that participates in the Pension Trust Fund under the 

Collective Bargaining Agreement. You may not work or be involved in any business activity, in 

excess of 40 hours per month, in any capacity, including but not limited to working as a 

superintendent, assistant superintendent, general foreman, estimator, etc. or working or acting as 

an owner, officer, director, or qualifying party in the bricklaying or tilelaying industry within the 

stat of Arizona for an employer that does not participate in the Pension Trust Fund under the 

Collective Bargaining Agreement. 

No Prohibited Employment for Pensioners After Age 701⁄2

Beginning on April 1 of the calendar year following the year in which you attain age 701⁄2, there 

are no restrictions on the type, duration, or location of the work you may perform while receiving 

pension benefits from this Plan. 

Suspension of Pension Payments

If you are retired and take work which is prohibited by the Plan Rules, you must notify the 

Administrative Office, in writing, within 21 days after you start work. Your pension payments 

will be suspended for each month you are working in prohibited employment. 

If you are younger than Normal Retirement Age, your pension payments will be suspended for 

an additional period of six (6) months after the end of your prohibited employment. If you fail to 

notify the Administrative Office within 21 days of your employment and you are younger than 

Normal Retirement Age, your pension payments will be suspended for an additional period of 

six (6) months, for a possible twelve (12) months of suspension following the end of your 

prohibited employment. However, in no event will these additional periods of suspension extend 

beyond your Normal Retirement Age. 

If you are a Pensioner who has attained Normal Retirement Age and you fail to notify the 

Administrative Office within 21 days of your employment, the Trustees, when they become 

aware that you are employed, will assume that that you are working more than 40 hours per 

month and, if your employment is at a construction site, that you were employed for as long as 

the Employer for whom you are working has been engaged at that site. This will be assumed 

until you prove otherwise. 

If you have any questions as to whether a job you plan to take will be prohibited employment for 

a Pensioner, and therefore cause a suspension, please write the Administrative Office. In your 

letter, name the employer for whom you intend to work, describe the job you propose to perform, 

and you will be advised if the job will cause a suspension of benefits. 

The Trustees must give you notice of suspension in writing by personal delivery or first class 

mail within the first calendar month in which benefits are suspended. A specific reason, along 

with relevant Plan provisions must be included. Pensioners whose benefits are suspended have a 

right to appeal the Trustees’ determination by written request filed with the Trustees within 60 

days of the notice of suspension. The appeal will be considered by the Trustees, and their 

decision will be furnished in writing and will include specific reasons for the decision and 

specific reference to the Plan provisions on which the suspension is based. 

AZ BRK 000268
29

The amount of any pension payments made for months in which a Pensioner should have been 

suspended will be offset by the Trustees against the Pensioner’s future payments. The amount of 

the offset will be the maximum allowed by law, until the overpayment is recovered. 

The Trustees have adopted a rule which requires a Pensioner whose pension has been suspended 

to advise the Administrative Office, in writing, when he stopped or will stop working in 

prohibited employment. At that time, the Administrative Office will examine the facts and 

circumstances of the employment and advise the Pensioner as to the reinstatement of his benefits 

and how the recovery of improperly made payments, if any, will be scheduled. 

Reinstatement of Pension Payments following Suspension

A Pensioner who returns to Covered Employment shall, upon his subsequent retirement, be 

entitled to receive an increased pension based on his age and Pension Credit, if any, accumulated 

during his subsequent period(s) of work in Covered Employment. 

After a Pensioner has ended his disqualifying employment, pension payments will resume after 

any additional months of suspension which are applicable, and after administrative processing of 

his recalculated benefit. Provided the Pensioner has complied with the Plan’s notification 

requirements (see page 28), once the processing of this reinstatement is complete, benefits will 

be payable retroactive to the first month after the later of (1) the last month of prohibited 

employment, or (2) if applicable, the last month of additional suspension. However, in no event 

will additional benefits due to a return to Covered Employment become payable earlier than 

February 1 of the year following the Plan Year in which the benefits were earned. 

Special Rules for Early Retirement Pensioners

For Early Retirement Pensioners who return to work, the monthly pension payable upon reretirement will be (1) recalculated based on age and service as of the date benefits are being 

reinstated, and (2) reduced by 1% percent of the total dollar amount of Early Retirement Pension 

payments, if any, previously received prior to Normal Retirement Age. However, in no event 

will the monthly amount upon reinstatement be less than the amount payable at the time a 

Pensioner returned to work, and, as indicated above, in no event will additional benefits due to a 

return to Covered Employment become payable earlier than February 1 of the year following the 

Plan Year in which the benefits were earned. 

AZ BRK 000269
30

HOW TO APPLY FOR BENEFITS 

The first step in applying for your pension is to request an application from the Administrative 

Office. 

At the same time, you can obtain information from the Administrative Office about your Pension 

Credits, benefits, options and any other information which will help to make your decisions and 

complete the application. 

You will be considered as having applied for pension only when your completed application has 

been received by the Administrative Office. Payments cannot begin before the completed 

application is received. 

You must provide a copy of your birth certificate or other proof of your date of birth. If your 

pension will be paid as a QJSA (see pages 20 through 24), then proof of marriage and of your 

spouse’s date of birth also must be submitted to the Administrative Office. 

After processing of your application has begun, the Administrative Office will send you 

additional forms on “How My Pension Is To Be Paid” and “Retirement Declaration”. If you 

have any questions about these forms, contact the Administrative Office as soon as possible. 

The signed completed forms must be received by the Administrative Office before your 

application can be finally approved for payment. 

If You Are Applying for a Disability Pension

For a Disability Pension, you must provide the Administrative Office proof of disability in 

addition to the foregoing. Proof of disability is established by providing either satisfactory 

medical evidence or your notice of entitlement to Social Security Disability benefits. See pages 

16 through 18 for an explanation of the eligibility requirements for the Disability Pension, and 

pages 36 through 42 regarding Disability claims and appeals. 

Beneficiaries’ Application for Benefits

If an Employee dies before retirement, his surviving spouse or other beneficiary must file an 

application with the Administrative Office for death benefits and/or retirement benefits which 

may be payable to them. The Administrative Office will verify the Employee’s Pension Credit. 

In the case of Past Service Credit, which is based on employment before contributions to the 

Plan began, the Administrative Office is often required to secure proof of the Employee’s 

employment from the Social Security Administration. So that payments can begin with 

minimum delay, Beneficiaries are advised to contact the Administrative Office as soon as 

possible after an Employee’s death. The Administrative Office will supply the necessary forms 

and information. 

When a Pensioner dies, the spouse or other beneficiary should notify the Administrative Office 

as soon as possible to get information about benefits and procedures. Please note that if you 

work in Noncovered Employment on or after January 1, 2010, no death benefit other than the 

Qualified Pre-retirement Survivor Annuity or the available post-retirement 36-month certain 

period for benefits accrued before January 1, 2010, will be payable. 

AZ BRK 000270
31

ANNUITY STARTING DATES 

Your Annuity Starting Date is the date as of which your pension becomes effective. An eligible 

applicant’s earliest permitted Annuity Starting Date is the first day of the month immediately 

following satisfaction of these three requirements: (1) the applicant’s completed pension 

application has been filed with the Administrative Office; (2) the applicant has been provided a 

written explanation of the forms of payment available from the Plan; and (3) the applicant has 

ceased Prohibited Employment for Pensioners (see page 27).

The actual commencement of your payments may be delayed because of processing. For 

example, in order to verify your Past Service Credit, the Administrative Office may need to 

obtain Union membership records, or employment records from the Social Security 

Administration. Generally, once processing is completed and you are found to be eligible for a 

pension, you will receive payments retroactive to your Annuity Starting Date. 

The Annuity Starting Date for a Disability Pension is determined in the same manner. However, 

disability benefits may, under certain circumstances, be payable for periods prior to the Annuity 

Starting Date. Refer to the explanation of the Disability Pension on pages 16 through 18. 

The Annuity Starting Date cannot be later than Required Beginning Date (see page 3).

Waiver of Minimum 30-day Notice Period for Distributions 

By law, participants (and their spouses, if any) have a 30-day notice period to decide if they want 

monthly benefits payable in a form other than the automatic form of payment that corresponds to 

their marital status on their Annuity Starting Date. If you and your spouse elect an alternate form 

of payment (for example, the Single Life Annuity with 36-Month Certain Period), then unless 

you elect to waive the minimum 30-day notice period and your spouse consents to that waiver, 

your Annuity Starting Date cannot occur—and neither may the actual distribution of your 

benefits begin—before this notice period ends. An election to waive the 30-day minimum waiting 

period will be valid as long as: 

(1) you are informed of the right to take at least 30 days to consider whether to waive the 

Qualified Joint and Survivor Annuity and consent to receive an alternate form of payment; 

and 

(2) you are given at least seven days to change your mind and cancel an election to waive the 

automatic form of payment; and 

 

(3) distribution of benefits does not begin until after the seven-day period expires. 

This change will allow the payment of your benefits to begin as of the eighth day after you are 

provided with the written explanation of the available forms of payment. Administrative 

processing of your pension application may delay the issuance of your first benefit payment. 

AZ BRK 000271
32

CLAIMS AND APPEALS PROCEDURES 

Effective January 1, 2002 

ARTICLE I. NON-DISABILITY CLAIMS 

Section 1. Application for Benefits. 

An application for a pension shall be made in writing on a form and in the manner prescribed by 

the Board of Trustees and shall contain such information as the Trustees may deem necessary. 

Such application shall be a condition for payment of a pension and must be filed with the Board 

of Trustees prior to the first month for which benefits are payable. 

Section 2. Information and Proof. 

(a) Every Participant shall furnish at the request of the Board of Trustees any information or 

proof reasonably required to determine his benefit rights. If a person willfully makes a 

false statement material to an application or furnishes fraudulent information or proof or 

fails to provide the notifications required, benefits under this Plan may be denied, 

suspended or discontinued. Failure on the part of any Participant to comply with such 

request promptly, completely and in good faith shall be sufficient grounds for denying, 

suspending or discontinuing benefits to such person. 

(b) If a Participant or other claimant to benefits hereunder makes a false statement material to 

his claim for benefits, the Board of Trustees shall recoup, offset or recover the amount of 

any payments in excess of the amount to which such Participant or other claimant was 

rightfully entitled under the provisions of this Plan; and, in addition, the Board of 

Trustees shall have the right, in its sole discretion, to deny benefits under this Plan to 

such Participant or other claimant up to a maximum of 18 monthly benefit payments, but 

not beyond Normal Retirement Age. 

(c) If, because of administrative error or intentional or accidental misstatement of 

information, benefits are paid in excess of the amount to which a Participant is entitled 

under this Plan, it shall be the obligation and responsibility of the Participant or Pensioner 

to repay to the Plan the amount of the overpayment. If the overpayment is not repaid 

within a reasonable time, the Trustees may withhold from any future benefit payments or 

compensation payable to the Participant or Pensioner such amounts necessary to recover 

overpayment. 

(d) A Participant’s or other claimant’s authorized representative may act on the Participant’s 

or other claimant’s behalf in pursuing a benefit claim or appeal of an adverse benefit 

determination. A Participant or other claimant shall provide the Administrative Office 

with written notice of the designation of an authorized representative. 

AZ BRK 000272
33

Section 3. Action of Trustees. 

The Trustees shall, subject to the requirements of law, be the sole judges of the standard of proof 

required in any case and the application and interpretation of this Plan, and the decisions of the 

Trustees shall be final and binding on all parties. Whenever in the Plan the Trustees are given 

discretionary powers, the Trustees shall exercise such powers in a uniform, consistent, and 

nondiscriminatory manner. 

Section 4. Initial Review of a Claim. 

At or before the next scheduled quarterly meeting of the Board of Trustees immediately 

following the receipt of a claim for benefits, the Administrative Office shall make available to 

the Board of Trustees all documents submitted by the claimant and those items needed to process 

the claim for benefits. 

(a) A “claim for benefits” is defined as a request for a Plan benefit or benefits made by a 

claimant in accordance with a Plan’s reasonable procedure for filing benefit claims. 

Section 5. Timing of Notification of Benefit Determination. 

(a) The Administrative Office shall notify in writing the claimant of the Plan’s adverse 

benefit determination within a reasonable period of time, but not later than 90 days after 

receipt of the claim by the Plan. This period may be extended by the Plan for up to 90 

days, provided that the Plan Administrator both: 

(i) determines that such an extension is necessary due to matters beyond the control 

of the Plan, and 

(ii) notifies the claimant, prior to the expiration of the initial 90-day period, of the 

circumstances requiring the extension of time and the date by which the Plan 

expects to render a decision. 

(b) In the case of any extension, the notice of extension shall specifically explain the 

standards on which entitlement to a benefit is based, the unresolved issues that prevent a 

decision on the claim, and the additional information needed to resolve those issues. 

(i) The claimant shall be afforded at least 90 days within which to provide the 

specified additional information needed to resolve the issues. 

Section 6. Calculating Time Periods. 

(a) The period of time within which a benefit determination is required to be made shall 

begin at the time a claim is filed in accordance with the reasonable procedures of a plan, 

without regard to whether all the information necessary to make a benefit determination 

accompanies the filing. 

(b) In the event that a period of time is extended due to a claimant’s failure to submit 

information necessary to decide a claim, the period for making the benefit determination 

shall be tolled from the date on which the notification of the extension is sent to the 

claimant until the date on which the claimant responds to the request for additional 

information. 

AZ BRK 000273
34

Section 7. Manner and Content of Notification of Benefit Determination. 

Notice of an adverse benefit determination shall set forth in a manner calculated to be understood 

by the claimant the following: 

(a) the specific reason or reasons for the adverse determination; 

(b) reference to the specific Plan provisions on which the benefit determination is based; 

(c) a description of any additional information needed to perfect the claim and an 

explanation of why such information is needed; 

(d) a statement that the claimant is entitled to receive, upon request and free of charge, 

reasonable access to, and copies of, all documents, records, and other information 

relevant to the claimant’s claim for benefits; 

(e) a statement describing the appeal procedures of the Plan and the claimant’s right to obtain 

the information about such procedures, including a statement of the claimant’s right to 

bring a civil action under ERISA following an adverse benefit determination on review. 

Section 8. Appeals. 

(a) Upon written request, the decision of the Board of Trustees may be reviewed by the 

Board of Trustees on appeal. The request for an appeal must be in writing and submitted 

through the Administrative Office, Southwest Service Administrators, Inc., 2400 West 

Dunlap Avenue, Suite 250, Phoenix, Arizona 85021.

(b) The appeal must be submitted within 60 days from the date of receipt of the adverse 

benefit determination. The appeal may be rejected if it is not submitted within this 60-

day period. 

(c) The request for an appeal must contain a concise statement of the reasons wherein the 

claimant believes the adverse benefit determination is in error, together with any 

documents or other written evidence the claimant wishes to be considered. If the 

claimant has a complaint, the full basis for such complaint, together with all the relief he 

is requesting, shall be set forth in the request. Additional written documentation may also 

be presented. The claimant may also request that he and/or his authorized representative 

be present at the Board of Trustees meeting. Reasonable notification of the meeting date 

and time will then be sent to the claimant who asks to appear. Additional evidence can 

be presented at the appeals hearing. 

(d) The claimant or his duly authorized representative shall be permitted to review relevant 

documents and submit issues and comments in writing. A document is “relevant” if it 

was: (1) relied upon in making the benefit determination; (2) was submitted to the Plan; 

(3) considered by the Plan; (4) generated in the course of making the benefit 

determination, without regard to whether it was relied upon in making the determination. 

In addition, a claimant shall be given, upon request, all documents, records or 

information demonstrating that the benefit determination is consistent with the Plan 

provisions and that the Plan provisions have been applied consistently with respect to 

similarly situated claimants. 

AZ BRK 000274
35

(e) In connection with the appeal, the Board of Trustees shall take into account all 

comments, documents, records, and other information submitted by the claimant relating 

to the claim, without regard to whether such information was submitted or considered in 

the initial benefit determination. 

(f) The Board of Trustees shall make a benefit determination no later than the date of the 

quarterly meeting of the Board of Trustees that immediately follows the Plan’s receipt of 

a request for an appeal, unless the request for an appeal is filed within 30 days preceding 

the date of such meeting. In such case, a benefit determination may be made by no later 

than the date of the second quarterly meeting of the Board of Trustees following the 

Plan’s receipt of the request for an appeal. If special circumstances (such as the need to 

hold a hearing) require a further extension of time for processing, a benefit determination 

shall be rendered not later than the third quarterly meeting following the Plan’s receipt of 

the request for an appeal. If such an extension of time for review is required because of 

special circumstances, the Administrative Office shall notify the claimant in writing of 

the extension, describing the special circumstances and the date as of which the benefit 

determination will be made, prior to the commencement of the extension. 

(g) The written decision of the Board of Trustees shall be furnished to the claimant within 5 

calendar days following the decision. 

(h) If the decision of the Board of Trustees is adverse to the claimant, the notice of the 

decision shall set forth in a manner calculated to be understood by the claimant: (1) the 

specific reason or reasons for the denial; (2) specific reference to pertinent Plan 

provisions on which the denial is based; (3) a description of any additional material or 

information necessary for the claimant to perfect the claim and any explanation of why 

such material or information is necessary; and (4) a statement of the claimant’s right to 

bring a civil action under ERISA following an adverse benefit determination on review. 

(i) The decision of the Board of Trustees shall be final and binding upon the claimant and 

any person claiming under the applicant. 

(j) This appeals procedure shall be the sole and exclusive procedure available to a claimant 

who is dissatisfied with any eligibility or claims decision of any kind relating to any nondisability pension benefit under the Plan. 

(k) These procedures must be followed in any appeal from decisions of the Trustees by 

Participants or survivors. 

(l) No claim, action or lawsuit may be brought by a Participant or other person claiming an 

entitlement under the Plan unless and until the Participant or claimant has exhausted his 

administrative remedies under the Plan, including an appeal to the Board of Trustees. 

(m) No claim, action or lawsuit may be brought in a court or other recognized tribunal by a 

Participant or other claimant after one year running from the date the Board of Trustees 

makes a final determination on a claim or appeal, whether it be to deny benefits, interpret 

the Plan, establish benefits or requirements for benefits or otherwise rule on a claim or 

appeal brought by the Participant or claimant, unless otherwise provided by law. 

AZ BRK 000275
36

(n) Neither the Employers, the Union, nor any of the Trustees shall be liable for the failure or 

omission for any reason to pay any benefits under the Pension Plan, unless otherwise 

provided by law. 

ARTICLE II. DISABILITY CLAIMS 

Section 1. Application for Benefits. 

(a) An application for a disability pension shall be made in writing on a form and in the 

manner prescribed by the Board of Trustees and shall contain such information as the 

Trustees may deem necessary. Such application shall be a condition for payment of a 

disability pension and must be filed with the Board of Trustees prior to the first month for 

which benefits are payable. 

(b) An application for a disability pension that is filed within 180 days after the 

commencement date of disability shall be considered timely and payment of the Disability 

Pension and the Auxiliary Disability Benefit (if applicable) shall commence in accordance 

with Section 9 of Article III of the Plan. 

Section 2. Information and Proof. 

(a) Every Participant shall furnish at the request of the Board of Trustees any information or 

proof reasonably required to determine his benefit rights. If a person willfully makes a 

false statement material to an application or furnishes fraudulent information or proof or 

fails to provide the notifications required, benefits under this Plan may be denied, 

suspended or discontinued. Failure on the part of any Participant to comply with such 

request promptly, completely and in good faith shall be sufficient grounds for denying, 

suspending or discontinuing benefits to such person. 

(b) If a Participant or other claimant to benefits hereunder makes a false statement material to 

his claim for benefits, the Board of Trustees shall recoup, offset or recover the amount of 

any payments in excess of the amount to which such Participant or other claimant was 

rightfully entitled under the provisions of this Plan; and, in addition, the Board of 

Trustees shall have the right, in its sole discretion, to deny benefits under this Plan to 

such Participant or other claimant up to a maximum of 18 monthly benefit payments, but 

not beyond Normal Retirement Age. 

(c) If, because of administrative error or intentional or accidental misstatement of 

information, benefits are paid in excess of the amount to which a Participant is entitled 

under this Plan, it shall be the obligation and responsibility of the Participant or Pensioner 

to repay to the Plan the amount of the overpayment. If the overpayment is not repaid 

within a reasonable time, the Trustees may withhold from any future benefit payments or 

compensation payable to the Participant or Pensioner such amounts necessary to recover 

overpayment. 

(d) A Participant’s or other claimant’s authorized representative may act on the Participant’s 

or other claimant’s behalf in pursuing a benefit claim or appeal of an adverse benefit 

determination. A Participant or other claimant shall provide the Administrative Office 

with written notice of the designation of an authorized representative. 

AZ BRK 000276
37

Section 3. Action of Trustees. 

(a) The Trustees shall, subject to the requirements of law, be the sole judges of the standard 

of proof required in any case and the application and interpretation of this Plan, and the 

decisions of the Trustees shall be final and binding on all parties. Whenever in the Plan 

the Trustees are given discretionary powers, the Trustees shall exercise such powers in a 

uniform, consistent, and nondiscriminatory manner. 

(b) The Board of Trustees shall designate the members of the Disability Pension Committee, 

the Benefits Committee, and the Appeals Committee. Those committee members may 

not serve on more than one committee for the same claim. Each such committee shall be 

made up of at least one management Trustee and one labor Trustee. 

Section 4. Initial Review of a Claim. 

At or before the next scheduled quarterly meeting of the Board of Trustees immediately 

following the receipt of a claim for benefits, the Administrative Office shall make available to 

the Disability Pension Committee all documents submitted by the claimant and those items 

needed to process the claim for benefits. 

(a) A “claim for benefits” is defined as a request for a Plan benefit or benefits made by a 

claimant in accordance with a Plan’s reasonable procedure for filing benefit claims. 

Section 5. Timing of Notification of Benefit Determination. 

(a) The Administrative Office shall notify in writing the claimant of the Plan’s adverse 

benefit determination within a reasonable period of time, but not later than 45 days after 

receipt of the claim by the Plan. This period may be extended by the Plan for up to 30 

days, provided that the Plan Administrator both determines 

(i) that such an extension is necessary due to matters beyond the control of the Plan, 

and

(ii) notifies the claimant, prior to the expiration of the initial 45-day period, of the 

circumstances requiring the extension of time and the date by which the Plan 

expects to render a decision. 

(b) If, prior to the end of the first 30-day extension period, the Plan Administrator determines 

that, due to matters beyond the control of the Plan, a decision cannot be rendered within 

that extension period, the period for making the determination may be extended for up to 

an additional 30 days, provided that the Plan Administrator notifies the claimant, prior to 

the expiration of the first 30-day extension period, of the circumstances requiring the 

extension and the date as of which the Plan expects to render a decision. 

(c) In the case of any extension, the notice of extension shall specifically explain the 

standards on which entitlement to a benefit is based, the unresolved issues that prevent a 

decision on the claim, and the additional information needed to resolve those issues. 

(i) The claimant shall be afforded at least 45 days within which to provide the 

specified additional information needed to resolve the issues. 

AZ BRK 000277
38

Section 6. Calculating Time Periods. 

(a) The period of time within which a benefit determination is required to be made shall 

begin at the time a claim is filed in accordance with the reasonable procedures of a plan, 

without regard to whether all the information necessary to make a benefit determination 

accompanies the filing. 

(b) In the event that a period of time is extended due to a claimant’s failure to submit 

information necessary to decide a claim, the period for making the benefit determination 

shall be tolled from the date on which the notification of the extension is sent to the 

claimant until the date on which the claimant responds to the request for additional 

information. 

Section 7. Manner and Content of Notification of Benefit Determination. 

Notice of an adverse benefit determination shall set forth in a manner calculated to be understood 

by the claimant the following: 

(a) the specific reason or reasons for the denial; 

(b) reference to the specific Plan provisions on which the benefit determination is based; 

(c) a description of any additional information needed to perfect the claim and an 

explanation of why it is needed; 

(d) a statement that the claimant is entitled to receive, upon request and free of charge, 

reasonable access to, and copies of, all documents, records, and other information 

relevant to the claimant’s claim for benefits; 

(e) a statement describing any voluntary appeal procedures offered by the Plan and the 

claimant’s right to obtain the information about such procedures, including a statement of 

the claimant’s right to bring a civil action under ERISA following an adverse benefit 

determination on review; 

(f) if an internal rule, guideline, protocol, or other similar criterion was relied upon in 

making the adverse determination, then a description of either the specific rule, guideline, 

protocol, or other similar criterion; or a statement that such rule, guideline, protocol, or 

other similar criterion was relied upon in making the adverse determination and that a 

copy of the rule, guideline, protocol, or other similar criterion will be provided free of 

charge to the claimant upon request; 

(g) if the adverse benefit determination is based on a medical necessity or experimental 

treatment or similar exclusion or limit, then either an explanation of the scientific or 

clinical judgment for the determination, applying the terms of the Plan to the claimant’s 

medical circumstances, or a statement that such explanation will be provided free of 

charge. 

AZ BRK 000278
39

Section 8. Appeals. 

Consideration by the Benefits Committee. 

(a) Upon written request, the decision of the Disability Pension Committee may be reviewed 

by the Benefits Committee of the Board of Trustees. The request for an appeal must be 

in writing and submitted through the Administrative Office, Southwest Service 

Administrators, Inc., 2400 West Dunlap Avenue, Suite 250, Phoenix, Arizona 85021.

(b) The appeal must be submitted within 180 days from the date of receipt of the adverse 

benefit determination. The appeal may be rejected if it is not submitted within this 180-

day period. 

(c) The request for an appeal must contain a concise statement of the reasons wherein the 

claimant believes the adverse benefit determination is in error, together with any 

documents or other written evidence the claimant wishes to be considered. If the 

claimant has a complaint, the full basis for such complaint, together with all the relief he 

is requesting, shall be set forth in the request. Additional written documentation may also 

be presented. The claimant may also request that he and/or his authorized representative 

be present at the Board of Trustees meeting. Reasonable notification of the meeting date 

and time will then be sent to the claimant who asks to appear. Additional evidence can 

be presented at the appeals hearing. 

(d) The claimant or his duly authorized representative shall be permitted to review relevant 

documents and submit issues and comments in writing. A document is “relevant” if it 

was: (1) relied upon in making the benefit determination; (2) was submitted to the Plan; 

(3) considered by the Plan; (4) generated in the course of making the benefit 

determination, without regard to whether it was relied upon in making the determination. 

In addition, a claimant shall be given, upon request, all documents, records or 

information demonstrating that the benefit determination is consistent with the Plan 

provisions and that the Plan provisions have been applied consistently with respect to 

similarly situated claimants. 

(e) In connection with the appeal, the Benefits Committee shall take into account all 

comments, documents, records, and other information submitted by the claimant relating 

to the claim, without regard to whether such information was submitted or considered in 

the initial benefit determination. 

(f) The Benefits Committee shall make a benefit determination no later than the date of the 

quarterly meeting of the Board of Trustees that immediately follows the Plan’s receipt of 

a request for an appeal, unless the request for an appeal is filed within 30 days preceding 

the date of such meeting. In such case, a benefit determination may be made by no later 

than the date of the second quarterly meeting of the Board of Trustees following the 

Plan’s receipt of the request for an appeal. If special circumstances (such as the need to 

hold a hearing) require a further extension of time for processing, a benefit determination 

shall be rendered not later than the third quarterly meeting following the Plan’s receipt of 

the request for an appeal. If such an extension of time for review is required because of 

special circumstances, the Administrative Office shall notify the claimant in writing of 

the extension, describing the special circumstances and the date as of which the benefit 

determination will be made, prior to the commencement of the extension. 

AZ BRK 000279
40

(g) The written decision of the Benefits Committee shall be furnished to the claimant within 

5 calendar days following the decision. 

(h) If the decision of the Benefits Committee is adverse to the claimant, the notice of the 

decision shall set forth in a manner calculated to be understood by the claimant: (1) the 

specific reason or reasons for the denial; (2) reference to the specific Plan provisions on 

which the benefit determination is based; (3) a description of any additional material or 

information necessary for the claimant to perfect the claim and any explanation of why 

such material or information is necessary; (4) a statement that the claimant is entitled to 

receive, upon request and free of charge, reasonable access to, and copies of, all 

documents, records, and other information relevant to the claim; (5) if an internal rule, 

guideline, protocol, or other similar criterion was relied upon in making the adverse 

determination, then a description of either the specific rule, guideline, protocol, or other 

similar criterion; or a statement that such rule, guideline, protocol, or other similar 

criterion was relied upon in making the adverse determination and that a copy of the rule, 

guideline, protocol, or other similar criterion will be provided free of charge to the 

claimant upon request; and (6) appropriate information as to the steps to be taken if the 

claimant wishes reconsideration of the Benefits Committee’s decision, including a 

statement of the claimant’s right to bring a civil action under ERISA following an 

adverse benefit determination on review. 

(i) If the adverse benefit determination is based on a medical necessity or experimental 

treatment or similar exclusion or limit, then either an explanation of the scientific or 

clinical judgment for the determination, applying the terms of the Plan to the claimant’s 

medical circumstances, or a statement that such explanation will be provided free of 

charge. 

(j) The decision of the Benefits Committee shall also include the following statement: “You 

and your Plan may have other voluntary alternative dispute resolution options, such as 

mediation. One way to find out what may be available is to contact your local U.S. 

Department of Labor Office and your State insurance regulatory agency.” 

Consideration by the Appeals Committee. 

(a) If the claimant believes he is adversely affected by the decision of the Benefits 

Committee, the claimant or a duly authorized representative of his choice may file a 

request for an appeal to the Appeals Committee. The request for an appeal must be in 

writing and submitted through the Administrative Office, Southwest Service 

Administrators, Inc., 2400 West Dunlap Avenue, Suite 250, Phoenix, Arizona 85021. 

The appeal must be submitted within 60 days from the date of receipt of the Benefits 

Committee’s decision. The appeal may be rejected if it is not submitted within this 60-

day period. 

(b) The request for an appeal must contain a concise statement of the reasons wherein the 

claimant believes the adverse benefit determination is in error, together with any 

documents or other written evidence the claimant wishes to be considered. If the 

claimant has a complaint, the full basis for such complaint, together with all the relief he 

is requesting, shall be set forth in the request. Additional written documentation may also 

be presented. The claimant may also request that he and/or his authorized representative 

be present at the Appeals Committee meeting. Reasonable notification of the meeting 

AZ BRK 000280
41

date and time will then be sent to the claimant who asks to appear. Additional evidence 

can be presented at the appeals hearing. 

(c) The appeal will be heard within ninety (90) days of the receipt of the request for the 

appeal unless special circumstances require an extension of that time. In that event, 

notice will be given to the applicant of the extension, which, in no event, shall be longer 

than an additional ninety (90) days. 

(d) The Appeals Committee, which consists of members of the Board of Trustees but not the 

same Trustees as make up the Benefits Committee, will then consider the appeal using 

the written application presented by the claimant and by hearing the appeal of the 

claimant who has requested a personal appearance at the Appeals Committee meeting. 

(e) The decision of the Appeals Committee shall be given in writing to the claimant and shall 

include specific reasons and references to pertinent Plan provisions or documents on 

which the decision is based. If the decision of the Appeals Committee is adverse to the 

claimant, the notice of the decision shall set forth in a manner calculated to be understood 

by the claimant: (1) the specific reason or reasons for the denial; (2) reference to the 

specific Plan provisions on which the benefit determination is based; (3) a description of 

any additional material or information necessary for the claimant to perfect the claim and 

any explanation of why such material or information is necessary; (4) a statement that the 

claimant is entitled to receive, upon request and free of charge, reasonable access to, and 

copies of, all documents, records, and other information relevant to the claim; (5) if an 

internal rule, guideline, protocol, or other similar criterion was relied upon in making the 

adverse determination, then a description of either the specific rule, guideline, protocol, 

or other similar criterion; or a statement that such rule, guideline, protocol, or other 

similar criterion was relied upon in making the adverse determination and that a copy of 

the rule, guideline, protocol, or other similar criterion will be provided free of charge to 

the claimant upon request; and (6) appropriate information as to the steps to be taken if 

the claimant wishes reconsideration of the Benefits Committee’s decision, including a 

statement of the claimant’s right to bring a civil action under ERISA following an 

adverse benefit determination on review.. 

(f) If the adverse benefit determination is based on a medical necessity or experimental 

treatment or similar exclusion or limit, then either an explanation of the scientific or 

clinical judgment for the determination, applying the terms of the Plan to the claimant’s 

medical circumstances, or a statement that such explanation will be provided free of 

charge. 

(g) The decision of the Appeals Committee shall also include the following statement: “You 

and your Plan may have other voluntary alternative dispute resolution options, such as 

mediation. One way to find out what may be available is to contact your local U.S. 

Department of Labor Office and your State insurance regulatory agency.” 

(h) The decision of the Appeals Committee or of the Benefits Committee if no further appeal 

is filed shall be final and binding upon the claimant and any person claiming under the 

applicant. 

(i) This appeals procedure shall be the sole and exclusive procedure available to a claimant 

who is dissatisfied with any eligibility or claims decision of any kind relating to any nondisability pension benefit under the Plan. 

AZ BRK 000281
42

(j) These procedures must be followed in any appeal from decisions of the Trustees by 

Participants or survivors. 

(k) No claim, action or lawsuit may be brought by a Participant or other person claiming an 

entitlement under the Plan unless and until the Participant or claimant has exhausted his 

administrative remedies under the Plan, including an appeal to the Board of Trustees. 

(l) No claim, action or lawsuit may be brought in a court or other recognized tribunal by a 

Participant or other claimant after one year running from the date of a final determination 

on a claim or appeal, whether it be to deny benefits, interpret the Plan, establish benefits 

or requirements for benefits or otherwise rule on a claim or appeal brought by the 

Participant or claimant, unless otherwise provided by law. 

(m) Neither the Employers, the Union, nor any of the Trustees shall be liable for the failure or 

omission for any reason to pay any benefits under the Pension Plan, unless otherwise 

provided by law. 

AZ BRK 000282
43

LUMP SUM PAYMENT IN LIEU OF MONTHLY PENSION 

If the actuarial present value of the lifetime pension is $5,000.00 or less, then the Trustees shall 

pay the pension only as a lump sum. 

FEDERAL TAX WITHHOLDING 

Benefits to be paid as a lump sum will be subject to mandatory 20% withholding for Federal 

Income Tax unless the individual to whom the payments are to be made elects to rollover such 

payments into another qualified retirement account. If you have any questions concerning the 

payment of benefits, you may call the Administrative Office, but you should consult with your 

own financial and/or tax advisor to select the best approach. Neither the Board of Trustees nor 

the Administrative Office may give tax advice.

AZ BRK 000283
44

SOME QUESTIONS AND ANSWERS ABOUT THE PLAN 

Who are the Administrators of the Plan? 

The Plan is administered by a Board of Trustees made up equally of representatives of the Union 

and of the Employers. The actions of the Board of Trustees in administering the Plan are 

governed by an Agreement and Declaration of Trust. This agreement between the Union and the 

Employer Association provides that all money contributed to the Fund or earned by the Fund can 

be used only for the purpose of providing pensions, in accordance with the Rules, for the 

employees covered by the Plan and for paying for the expenses of administering the Plan. 

The full text of the Rules of the Plan are part of this booklet (beginning on page 67). The 

Trustees may amend or interpret these Rules from time to time. The Trustees will make every 

effort to assure that you are informed of any changes in the Plan. In the event of any 

inconsistency between the Rules and this summary, the Rules will prevail. 

Who is Covered by the Plan? 

The Plan covers only Employees of contributing Employers. Work done by any sole proprietor, 

partner, independent contractor or self-employed person is not covered by the Plan. 

Do Benefits Under This Plan Affect Social Security Benefits? 

No. Benefits under this Plan are in addition to benefits paid under Social Security. 

Are Pension or Death Benefits Taxable? 

Generally, yes. The benefits have been designed to qualify for the most favorable tax treatment 

available. You should contact the Internal Revenue Service or your tax advisor regarding your 

individual situation. 

Can an Employee or Beneficiary Appeal if Benefits or other Rights under the Plan are 

Denied? 

Yes. Any Employee or beneficiary who is denied a benefit or right or disagrees with the type or 

amount of benefits allowed, has the right to appeal to the Board of Trustees. The procedures for 

filing an appeal are explained on pages 32 through 42. Also see Article VII, Section 4 of the 

Plan. 

AZ BRK 000284
45

Are Plan Documents Available to Employees or Beneficiaries? 

Yes. Copies of the Plan, summary descriptions and a summary of the annual report are available 

for inspection at the office of the Board of Trustees during regular business hours. On written 

request, copies will be supplied by mail. Copies of the Trust Agreement, Collective Bargaining 

Agreement and the full annual report also are available for inspection. These documents, too, 

can be supplied by mail on written request but a reasonable fee may be charged. You should 

find out what the charge will be before sending your request. 

May Pension Benefits be Assigned? 

No. This is prohibited by the Plan. However, benefits will be paid in accordance with a 

qualified domestic relations order as required by Federal law. See page 23. 

Must I retire when I reach age 65?

No. Retirement under this Plan is voluntary. However, Federal regulations require that pension 

payments commence no later than April 1 following the year in which you attain age 701⁄2. You 

must apply for pension payments before you attain age 701⁄2. If payments do not start by April 1 

of the following year, then you may be subject to a 50% excise tax. 

Am I eligible for Benefits if I am working outside the jurisdiction of Local Union No. 3?

You may be entitled to Benefits or rights for work performed outside the jurisdiction of Local 

No. 3 if timely application is made and the work area has a written reciprocity agreement with 

this Plan. You should contact the Administrative Office with any questions before starting such 

work. 

* * * * * 

AZ BRK 000285
46

The preceding material has been prepared to explain some of the most important provisions of 

the Plan. Nothing in this explanation is intended to change in any way the Rules of the Plan 

itself. 

Your rights under this Plan can be determined only by the Rules of the Plan and in accordance 

with the procedures prescribed in the Plan. The full text of the Plan is included in this booklet, 

beginning on page 67. 

Only the full Board of Trustees is authorized to interpret the Plan. No Union or Employer or any 

of their representatives is authorized to interpret the Plan or to act as an agent of the Board of 

Trustees. 

If you have any questions about the Plan, contact the Administrative Office. The staff of the 

Administrative Office has up-to-date information on the operation of the Plan and on your rights 

and responsibilities under it. The staff is available to help you with any questions. Information 

from other sources is not official and may not be correct. 

Official communications concerning the operation of the Plan must be in writing signed on 

behalf of the full Board of Trustees or, if expressly authorized by the full Board of Trustees, may 

be signed by the individual or entity acting as the Fund Administrator.

Address your inquiries to: 

Arizona Bricklayers’ Pension Trust Fund 

Administrative Office 

2400 West Dunlap Avenue, Suite 250 

Phoenix, Arizona 85021 

AZ BRK 000286
47

CHECKLIST: THINGS FOR YOU TO DO 

Let us know where you are 

Keep the Administrative Office informed of any change in your mailing address to make sure 

you get all our communications. You can contact the Administrative Office through the 

following contact information: 

Arizona Bricklayers’ Pension Trust Fund 

Administrative Office 

2400 West Dunlap Avenue, Suite 250 

Phoenix, Arizona 85021 

Phone: (602) 249-3582 

Toll Free: (800) 474-3485 

Fax: (602) 336-0895 

If you leave Covered Employment 

Check the section on Break in Covered Employment (pages 10 and 11). Bear in mind that if you 

are not vested, failure to earn sufficient Vesting Service over a number of years can cause you to 

lose all previously accrued credits and benefits. This does not apply if you have already 

achieved vested status. You cannot lose your rights to a Vested Pension which you have earned 

even if you leave Covered Employment permanently. Benefits earned after January 1, 2010 may 

be delayed, however, if you engage in Noncovered Employment after January 1, 2010. If you 

are uncertain about your status, you can ask the Administrative Office to review your record of 

employment under the Plan and advise you as to whether your credits are intact, and what you 

must do to avoid a Permanent Break in Covered Employment. 

If your marital status changes 

Inform the Administrative Office. See the section on the QJSA (pages 20 through 24).

If you become disabled 

If you are disabled for 14 days or more, inform the Administrative Office of your disability 

because you may be entitled to Pension Credits while you are disabled. 

If you are thinking about retirement 

Get the information you need and file your application in plenty of time. You will need copies 

of certain documents such as birth certificate, marriage certificate, etc. The Administrative 

Office can tell you what is necessary for filing. 

Keep your records 

The accuracy and completeness of the records of your work in Covered Employment are 

important factors in determining eligibility. You can protect yourself by checking the work 

records you receive. You should keep pay vouchers, payroll check stubs and other evidence of 

employment you may receive. 

AZ BRK 000287
48

Designate a Beneficiary 

If you are not married, you should, for the protection of the person(s) to whom you want the 

Plan’s Death Benefits to go, be sure that you have made your designated beneficiary known to 

the Administrative Office. If your beneficiary should die before you, or for any other reason you 

want to change your beneficiary, you should inform the Administrative Office of your new 

beneficiary immediately. 

Any questions? Ask the Administrative Office 

You should contact the Administrative Office about any questions you have concerning the Plan 

and your rights and benefits under it or about any disagreement or doubts you may have 

concerning your records. You may also check on your Pension Credits, Break in Covered 

Employment status, etc. Remember, only information received in writing and signed on behalf 

of the Trustees can be considered official. 

AZ BRK 000288
49

INFORMATION REQUIRED BY THE 

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 

Information required by the Act, as specified in Section 102(b), and the corresponding 

Regulations issued by the Department of Labor. 

1. The name and type of Plan.

Pension Plan for the Arizona Bricklayers’ Pension Trust Fund. 

The Plan is a qualified multiemployer defined benefit plan. 

This is a collectively bargained, joint-trusteed labor-management Trust. 

2. Internal Revenue Service Plan identification number and Plan number. 

The Internal Revenue Service has issued a favorable determination regarding the Plan’s taxqualified status. 

The Employer Identification Number (EIN) issued to the Board of Trustees is 51-6119487.

The Plan number is 001. 

3. Name and address of the person designated as agent for the service of legal process. 

Craig L. Keller, Esq. 

Keller & Hickey, A Professional Corporation 

2177 East Warner Road 

Suite 103 

Tempe, AZ 85284 

(480) 755-4545 

Service of legal process may also be made upon a Plan Trustee or the Plan Administrator. 

4. Type of Administration; Name and address of the administrator. 

The Board of Trustees is the Plan Administrator as that term is defined by ERISA §3(16). The 

Trustees have engaged the third party administrator named below to perform the routine 

administration of the Plan and the Trust. 

Southwest Service Administrators, Inc. 

2400 West Dunlap Avenue, Suite 250 

Phoenix, Arizona 85021 

Phone: (602) 249-3582 

Toll Free: (800) 474-3485 

Fax: (602) 336-0895 

The mailing address of the Board of Trustees is the same as that of the third-party administrator. 

AZ BRK 000289
50

5. Names and addresses of the Trustees.

Management Trustees 

Kevin Hotchkiss 

Arizona Historic Masonry, L.L.C. 

P.O. Box 2635 

Mesa, Arizona 85214 

Scott Huff 

Huff & Sons Construction 

14301 North 87th Street, Suite 205 

Scottsdale, AZ 85260 

Steve Mayher 

M.A.G. Construction, Inc. 

770 North Monterey Street, Suite B 

Gilbert, AZ 85233 

Union Trustees 

James Cahill 

B.A.C. Union Local No. 3 of Arizona 

3117 North 16th Street 

Phoenix, AZ 85016-7677

Michael Huff 

1020 South Helms Circle 

Mesa, AZ 85204 

William Rodia 

4728 East Vernon Avenue 

Phoenix, AZ 85008 

James Vogel 

830 North 105th Street 

Mesa, AZ 85207 

6. Collective Bargaining Agreement and Employer information. 

Contributions to the Plan are made pursuant to a Collective Bargaining Agreement entered into 

between the Bricklayers and Allied Craftsmen International Union of Arizona No. 3 and the 

Arizona Masonry Contractors Association. Upon written request to the Plan Administrator, 

Participants and beneficiaries may obtain a copy of the Collective Bargaining Agreement and a 

complete list of employers and employee organizations sponsoring the Plan. These documents 

are also available for examination by Participants and beneficiaries as required by Labor 

Regulations §§ 2520.104b-1 and 2520.104b-30. 

AZ BRK 000290
- 51 - 

7. Source of Contributions and Identity of Funding Medium. 

You may obtain a complete list of the employers and employee organizations sponsoring the 

plan upon written request to the Board of Trustees. The list is available for inspection by 

participants and beneficiaries at the Administrative Office. 

You may also obtain from the Board of Trustees, upon written request, information as to whether 

a particular employer or employee organization is a sponsor of the plan and, if the employer or 

employee organization is a plan sponsor, the sponsor's address. 

Benefits are provided directly from the Fund’s assets, which are accumulated under the 

provisions of the Agreement and Declaration of Trust. The Fund’s assets and reserves are held 

by Wells Fargo Bank as custodial agents, with asset management by Frontier Partners, IntechEnhanced Investment Technologies, NWQ Investment Management, and Rothschild Asset 

Management. 

8. Recordkeeping Period and Plan Year. 

The Plan Year is January 1 through December 31 of the calendar year. The Plan Year is the 

computation period for vesting, benefit accrual, and breaks in covered employment. Financial 

records are also based on the calendar year beginning January 1 and ending December 31. 

9. Eligibility for participation and benefits. 

The Plan’s requirements with respect to eligibility for participation and benefits are described on 

pages 3 through 42 of the summary plan description in this booklet, and are set forth in Articles 

II, III, III-A, IV, V, VI and VII of the Rules of the Plan. 

10. Description of provisions for non-forfeitable pension benefits. 

A Participant achieves vested status in accordance with the provisions of Article VI, Section 5 of 

the Plan, or by attaining Normal Retirement Age. See pages 2 and 8. 

11. Procedure to Follow for Filing a Claim or Appeal. 

See pages 32-34 for the procedure for filing a non-disability claim for benefits under the Plan, 

and see pages 36-38 regarding disability claims. Also see pages 30 and 31.

See pages 34-36 for the procedure for filing an appeal for any decision of the Trustees regarding 

non-disability claims, and pages 39-42 regarding an appeal regarding a disability claim. 

12. Normal Retirement Age.

Normal Retirement Age under the Plan is 65 or, if later, an applicable anniversary date. The 

anniversary date is the earlier of (1) the 10th anniversary of participation in the Plan, or (2) the 

5th anniversary of participation in the Plan counting only service on and after January 1, 1988. 

AZ BRK 000291
- 52 - 

In order to become vested by attaining Normal Retirement Age, you must be an Active 

Participant. Refer to the description of the Special Normal Retirement Age Vested Pension on 

page 19. 

13. A description of joint and survivor benefits.

The provisions of the Qualified Joint and Survivor Annuity (QJSA), which provides a lifetime 

benefit for an eligible surviving spouse, are set forth in Article IV of the Plan. Also see pages 20 

through 24 of the summary plan description in this booklet. The provisions of the Qualified 

Optional Survivor Annuity (QOSA), which, if you are married, allows you to elect to receive 

50% Joint and Survivor Annuity instead of the 100% Qualified Joint and Survivor Annuity, are 

set forth on page 20 of this Summary Plan Description. 

14. Description of circumstances which may result in disqualification, ineligibility, 

denial or loss of benefits. 

Refer to Article II of the Plan and page 3 of this summary with regard to the requirements to 

participate in the Plan. 

Refer to Article III generally and pages 12 through 19 of this summary with regard to the 

eligibility requirements for the types of pensions available under this Plan. 

Refer to Article III, Section 16 of the Plan and page 9 of this summary with regard to Separation 

from Covered Employment (also see pages 59 and 60 of this booklet).

Refer to Article III, Section 6 of the Plan and page 16 of this summary with regard to a 

Participants ineligibility to receive any Disability Pension Benefit due to the performance of 

Noncovered Employment. 

Refer to Article III, Section 10 of the Plan and pages 17-18 of this summary with regard to a 

Disability Pensioner’s loss of entitlement to Social Security Disability Benefits. 

Refer to Article IV, Section 7 and pages 20 through 24 of this summary with regard to 

limitations on the Qualified Joint and Survivor Annuity. 

Refer to Article V, Section 1 of the Plan and pages 25 through 26 of this summary with regard to 

the loss of entitlement to death benefits. No Death Benefit, other than the Qualified Preretirement Survivor Annuity or the available post-retirement 36-month certain period for benefits 

accrued before January 1, 2010, will be payable if you engage in Noncovered Employment on or 

after January 1, 2010. 

Refer to Article VI, Section 2 and pages _10 to_11 of this summary with regard to the loss of the 

right to restore Pension Credits due to the performance on Noncovered Employment. 

Refer to Article VI, Section 6 of the Plan and pages 10 and 11 of this summary with regard to the 

rules on One Year Breaks in Covered Employment, and Permanent Breaks in Covered 

Employment. 

Refer to Article VII, Section 1 of the Plan and pages 12-19 and 30-31 of this summary with 

regard to the requirement of advance written application for benefits. 

AZ BRK 000292
- 53 - 

Refer to Article IV, Section 7(d), Article VII, Section 2, and Article VII, Section 10(d) of the 

Plan with regard to the Trustees’ power to recoup, offset, or recover overpayments made by the 

Fund due to a false statement that was material to a claim for benefits, or due to error. 

Refer to Article VII, Section 5(c) of the Plan and pages 13-14 of this summary with regard to the 

offset of the value of accruals after Normal Retirement Age against the value of the actuarial 

adjustment for non-suspendible months, as part of the Plan’s method for calculating a delayed 

retirement benefit. 

Refer to Article VII, Section 6 of the Plan with regard to non-duplication of pension entitlement. 

Refer to Article VII, Section 7 of the Plan and page 43 of this summary with regard to certain 

benefits that are subject to mandatory cashout, as a consequence of which, forms of payment that 

would otherwise be available are not permitted. 

Refer to Article VII, Section 8 of the Plan and page 27 of this summary with regard to prohibited 

employment for Pensioners and the Plan’s definition of “retirement”. 

Refer to Article VII, Section 9 of the Plan and page 28-29 of this summary with regard to 

suspension or delay of pension payments for prohibited employment and/or failure of a 

Pensioner to notify the Plan of a return to suspendible employment.

Refer to Article I, Section 29 and Article XI, Section 3 of the Plan with regard to the maximum 

compensation that may be taken into account for plan purposes, as provided by section 

401(a)(17) of the Internal Revenue Code. For years beginning after December 31, 2008, 

Compensation shall include military differential wage payments (as defined in section 3401(h) of 

the Internal Revenue Code). 

Refer to Article IX of the Plan and pages 53-54 of this summary with regard to plan termination. 

The maximum annual benefit payable by the Plan is limited by section 415 of the Internal 

Revenue Code. That section imposes an annual dollar limit on the benefits that may be payable 

from a qualified trust. For 2012, that limit is $200,000. The flat dollar amount is further reduced 

if benefits start earlier than Social Security normal retirement age or are paid in a form other than 

a single life annuity or a QJSA. This limit is adjusted periodically to reflect changes in the cost 

of living. 

If the annual retirement benefit exceeds the maximum benefit permitted, the retired employee’s 

benefit will be reduced to the limit then in effect. In following years, as cost of living increases 

raise the limits on benefits, payments may be increased. Refer to Article VII, Section 15 and 

Article XI, Section 2 of the Plan. 

15. Plan Termination.

Your pension benefits under this multiemployer plan are insured by the Pension Benefit 

Guaranty Corporation (PBGC), a federal insurance agency. A multiemployer plan is a 

collectively-bargained pension arrangement involving two or more unrelated employers, usually 

in a common industry. 

AZ BRK 000293
- 54 - 

Under the multiemployer plan program, the PBGC provides financial assistance through loans to 

plans that are insolvent. A multiemployer plan is considered insolvent if the plan is unable to pay 

benefits (at least equal to the PBGC's guaranteed benefit limit) when due. 

The maximum benefit that the PBGC guarantees is set by law. Under the multiemployer 

program, the PBGC guarantee equals a participant's years of service multiplied by (1) 100% of 

the first $11 of the monthly benefit accrual rate and (2) 75% of the next $33. The PBGC's 

maximum guarantee limit is $35.75 per month times a participant's years of service. For 

example, the maximum annual guarantee for a retiree with 30 years of service would be $12,870. 

The PBGC guarantee generally covers: (1) Normal and early retirement benefits; (2) disability 

benefits if you become disabled before the plan becomes insolvent; and (3) certain benefits for 

your survivors. 

The PBGC guarantee generally does not cover: (1) Benefits greater than the maximum 

guaranteed amount set by law; (2) benefit increases and new benefits based on plan provisions 

that have been in place for fewer than 5 years at the earlier of: (i) The date the plan terminates or 

(ii) the time the plan becomes insolvent; (3) benefits that are not vested because you have not 

worked long enough; (4) benefits for which you have not met all of the requirements at the time 

the plan becomes insolvent; and (5) non-pension benefits, such as health insurance, life 

insurance, certain death benefits, vacation pay, and severance pay. 

For more information about the PBGC and the benefits it guarantees, ask your plan administrator 

or contact the PBGC's Technical Assistance Division, 1200 K Street, N.W., Suite 930, 

Washington, D.C. 20005-4026 or call 1-800-736-2444 (toll free) or 202-326-4242 (not a toll-free 

number). TTY/TDD users may call the federal relay service toll-free at 1-800-877-8339 and ask 

to be connected to 202-326-4242. Additional information about the PBGC's pension insurance 

program is available through the PBGC's website on the Internet at http://www.pbgc.gov.

16. Summary of Plan provisions governing the allocation and disposition of assets of 

 the Plan upon termination.

 

The Plan provides that benefits accrued to the date of the termination, partial termination or 

discontinuance will be vested to the extent they are funded by Plan assets. If the Plan assets are 

sufficient to fully fund all benefits, your benefits will be paid to you in the normal way except 

that they may come from an annuity policy issued by an insurance company. 

The Plan also provides that the Trustees shall take steps needed to comply with ERISA Sections 

4041A and 4281. Thus, if assets are not sufficient to fully fund all benefits accrued to the date of 

termination, the Plan may not pay death benefits for deaths after the termination date or new 

disability Pension awards. In addition, pension awards might have to be reduced or suspended if 

the Plan terminates by a mass withdrawal of all employers and assets are not sufficient to fund 

all accrued benefits. 

Examples of benefits that are subject to reduction or elimination include benefits that were not 

vested under the Plan on the date of termination, and benefits and benefit increases in effect for 

less than 60 months. 

AZ BRK 000294
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If the Plan terminates and becomes insolvent, the PBGC will pay the benefits at the level 

provided by law. 

17. Summary of Plan provisions governing the authority of the Trustees to terminate 

the Plan. 

The terms of the Plan give the Trustees authority to amend, discontinue or terminate the Plan in 

whole or in part. However, no amendment may decrease the benefit of any Participant except: 

(a) To the extent required to comply with the Internal Revenue Code or ERISA; or 

(b) To the extent the amendment meets the hardship exception of ERISA § 302(c)(8) and 

Internal Revenue Code § 412(c)(8). 

18. Statement of ERISA Rights. 

As a participant in the Pension Plan for the Arizona Bricklayers’ Pension Trust Fund, you are 

entitled to certain rights and protection under the Employee Retirement Income Security Act of 

1974. ERISA provides that all Plan Participants shall be entitled to: 

Receive Information About Your Plan and Benefits. 

Examine, without charge, at the plan administrator's 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 plan administrator, 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 summary plan description. The 

administrator may make a reasonable charge for the copies. 

Receive a summary of the plan's annual financial report. The plan administrator is required by 

law to furnish each participant with a copy of this summary annual report. 

Obtain a statement telling you whether you have a right to receive a pension at normal retirement 

age (age 65, or, if later, an applicable anniversary date) and if so, what your benefits would be at 

normal 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 get 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. 

Prudent Actions by Plan Fiduciaries 

AZ BRK 000295
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In addition to creating rights for plan participants, ERISA imposes duties upon the people who 

are responsible for the operation of the employee benefit 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, your 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. 

Enforce Your Rights 

If your claim for a pension 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 a Federal court. In such a case, the court may require 

the plan administrator 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 or a medical child 

support 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 are successful the court may order 

the person you have sued to pay these costs and fees. If you lose, the court may order you to pay 

these costs and fees, for example, if it finds your claim is frivolous. 

Assistance with Your Questions 

If you have any questions about your plan, you should contact the plan administrator. If you have 

any questions about this statement or about your rights under ERISA, or if you need assistance in 

obtaining documents from the plan administrator, you should contact the nearest office of the 

Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone 

directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security 

Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 

20210. You may also obtain certain publications about your rights and responsibilities under 

ERISA by calling the publications hotline of the Employee Benefits Security Administration. 

* * * * 

IMPORTANT: No Local Union, Local Union Officer, Business Agent, Local Union Employee, 

Employer or Employer Representative or Administrative Office personnel, consultant or attorney 

is authorized to speak for, or on behalf of, or to commit the Trustees of this Plan on any matter 

relating to the Plan without the express authority of the Board of Trustees. 

AZ BRK 000296
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Only the Board of Trustees of the Plan has the authority to determine eligibility for benefits and 

the right to participate in the Plan, including the manner in which hours are credited, eligibility 

for any benefit, discontinuance of benefits, status as a covered or non-covered Employee, the 

level of benefits, and the interpretation and application of the Rules. 

Additional Information 

This Summary Plan Description replaces and supersedes all previous Summary Plan 

Descriptions issued by the Arizona Bricklayers’ Pension Trust Fund. The Trustees are vested 

with broad discretion to determine eligibility for benefits and to construe the terms of this Plan 

and the Summary Plan Description. Decisions made by the Trustees and the Plan’s 

administrator, should receive judicial deference to the extent that such decisions do not constitute 

an abuse of discretion. Plan Participants, beneficiaries, employer representative, or employer 

that has an obligation to contribute to the Plan, upon written request to the Administrator, may 

obtain certain actuarial and financial information, subject to specific limitations set forth in 

federal law. See ERISA 101(k)(1). 

Offer of Assistance for Non-English Speaking Participants: 

Este folleto contiene un resumen en inglés de sus derechos y beneficios del Plan con el 

Arizona Bricklayers’ Pension Trust Fund (“Trust Fund”). Si tiene alguna dificultad para 

entender cualquier parte de este folleto, contacte por escrito al Fondo a la dirección: 

Arizona Bricklayers’ Pension Trust Fund 

Administrative Office 

2400 West Dunlap Avenue, Suite 250 

Phoenix, Arizona 85021 

Usted también puede llamar al Fondo al (602) 249-3582 / (800) 474-3485 para obtener 

asistencia. El horario de oficina es de 8:30 a.m. a 5:00 p.m., de lunes a viernes. 

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CHART 1: HISTORICAL OVERVIEW OF PENSION CREDIT 

PAST SERVICE CREDIT FOR BRICKLAYERS (before 1/1/60)

In order to receive Past Service Credit, a Bricklayer must have at least one quarter of Future 

Service Credit (FSC) earned between January 1, 1960 and December 31, 1961. Past Service 

Credit is earned according to Schedule 1 (see below), up to a maximum of twenty five years. 

FUTURE SERVICE CREDIT (FSC) FOR BRICKLAYERS (on and after 1/1/60) 

1/1/60-12/31/62 FSC is earned according to Schedule 1 (see below). 

1/1/63-12/31/84 FSC is earned according to Schedule 3 (see below). 

1/1/85 and after FSC is earned according to Schedule 4 (see below). 

PAST SERVICE CREDIT FOR TILELAYERS (before 7/1/65) 

In order to receive Past Service Credit, a Tilelayer must have at least one quarter of Future 

Service Credit earned between July 1, 1965 and December 31, 1966. Past Service Credit is 

earned according to Schedule 1 (see below), up to a maximum of twenty-five years. 

FUTURE SERVICE CREDIT (FSC) FOR TILELAYERS (on and after 7/1/65) 

7/1/65-12/31/75 FSC is earned according to Schedule 1 (see below). 

1/1/76-12/31/78 FSC is earned according to Schedule 2 (see below). 

1/1/79-12/31/84 FSC is earned according to Schedule 3 (see below). 

1/1/85 and after FSC is earned according to Schedule 4 (see below). 

PENSION CREDIT SCHEDULES 

Hours Worked in Covered Employment in a Calendar Year 

Pension Credit Schedule 1 Schedule 2 Schedule 3 

None 0-349 hours 0-333 hours 0-299 hours 

One Quarter 350-699 334-666 300-599

Two Quarters 700-1049 667-999 600-899

Three Quarters 1050-1399 1000-1333 900-1199

One Year 1400 or more 1334 or more 1200 or more 

Pension Credit Schedule 4 

None 0-299 hours 

3/12 300-399

4/12 400-499

5/12 500-599

6/12 600-699

7/12 700-799

8/12 800-899

9/12 900-999

10/12 1000-1099

11/12 1100-1199

One Year 1200 or more 

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CHART 2: HISTORICAL OVERVIEW OF BENEFIT FACTORS FOR 

BRICKLAYERS 

Note - All Factors are expressed in terms of monthly benefit (in dollars) per Pension Credit. 

PERIOD DURING WHICH CREDIT WAS EARNED

DATE PENSION PRIOR TO 1/1/1960 TO ON & AFTER 

IS EFFECTIVE 1/1/1960 12/31/1977 1/1/1978

1/1/76 to 8/31/78 $7.75 $9.00 $9.00

9/1/78 to 6/30/79 7.75 10.00 13.00

7/1/79 to 12/31/80 7.75 13.00 18.00

1/1/81 to 12/31/82 7.75 22.00 25.00

1/1/83 to 12/31/83 7.75 26.00 29.00

1/1/84 to 12/31/87 7.75 36.00 39.00

DATE PENSION PRIOR TO 1/1/1960 TO 1/1/1978 TO ON & AFTER 

IS EFFECTIVE 1/1/1960 12/31/1977 12/31/1987 1/1/1988

1/1/1988 to 12/31/1988 7.75 38.00 40.00 39.00

1/1/1989 to 12/31/1989 10.75 41.00 43.00 39.00

1/1/1990 to 12/31/1990 10.75 43.00 45.00 39.00

1/1/1991 to 12/31/1991 10.75 43.00 46.25 39.00

1/1/1992 to 12/31/1992 13.75 44.00 47.25 40.00

1/1/1993 to 11/30/1997 13.75 46.00 50.25 43.00

DATE PENSION PRIOR TO 1/1/60 TO 1/1/78 TO ON & AFTER 

IS EFFECTIVE 1/1/1960 12/31/1977 12/31/1993 1/1/1994

12/1/1997 to 11/30/1998 13.75 50.00 54.25 43.00

DATE PENSION PRIOR TO 1/1/60 TO ON & AFTER 

IS EFFECTIVE 1/1/1960 12/31/1995 1/1/1996

12/1/1998 to 12/31/2003 13.75 61.00 43.00

DATE PENSION PRIOR TO 1/1/60 TO 1/1/96 TO ON & AFTER 

IS EFFECTIVE 1/1/1960 12/31/1995 12/31/2003 1/1/2004

1/1/2004 to 6/30/2008 13.75 61.00 43.00 30.00

DATE PENSION PRIOR TO 1/1/60 TO 1/1/96 TO ON & AFTER 

IS EFFECTIVE 1/1/1960 12/31/1995 12/31/2006 1/1/2007

On and after 1/1/2007 13.75 61.00 43.00 30.00

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Note that the value of benefits earned prior to a Separation from Covered Employment, if any, 

will be calculated in accordance with the factors in effect at the time the Separation was incurred. 

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CHART 3: HISTORICAL OVERVIEW OF BENEFIT FACTORS FOR 

TILELAYERS 

Note - All Factors are expressed in terms of monthly benefit (in dollars) per Pension Credit. 

PERIOD DURING WHICH CREDIT WAS EARNED 

DATE PENSION PRIOR TO 7/1/1965 TO ON & AFTER 

IS EFFECTIVE 7/1/1965 12/31/1978 1/1/1979

1/1/1979 to 6/30/1979 $6.00 $6.00 $13.00

7/1/1979 to 12/31/1980 6.00 9.00 18.00

1/1/1981 to 12/31/1982 6.00 18.00 25.00 

1/1/1983 to 12/31/1983 6.00 22.00 29.00 

1/1/1984 to 12/31/1987 6.00 32.00 39.00 

DATE PENSION PRIOR TO 7/1/65 TO 1/1/79 TO ON & AFTER 

IS EFFECTIVE 7/1/1965 12/31/1978 12/31/1987 1/1/1988

1/1/1988 to 12/31/1988 6.00 34.00 40.00 39.00

1/1/1989 to 12/31/1989 9.00 37.00 43.00 39.00

1/1/1990 to 12/31/1990 9.00 39.00 45.00 39.00

1/1/1991 to 12/31/1991 9.00 39.00 46.25 39.00

1/1/1992 to 12/31/1992 12.00 40.00 47.25 40.00

1/1/1993 to 11/30/1997 12.00 42.00 50.25 43.00

DATE PENSION PRIOR TO 7/1/1965 TO 1/1/1979 TO ON & AFTER 

IS EFFECTIVE 7/1/1965 12/31/1978 12/31/1993 1/1/1994

12/1/1997 to 11/30/1998 12.00 46.00 54.25 43.00

DATE PENSION PRIOR TO 7/1/1965 TO ON & AFTER

IS EFFECTIVE 7/1/1965 12/31/1995 1/1/1996

12/1/1998 to 12/31/2003 12.00 61.00 43.00

DATE PENSION PRIOR TO 1/1/60 TO 1/1/96 TO ON & AFTER 

IS EFFECTIVE 1/1/1960 12/31/1995 12/31/2003 1/1/2004

1/1/2004 to 6/30/2008 13.75 61.00 43.00 30.00

DATE PENSION PRIOR TO 7/1/65 TO 1/1/96 TO ON & AFTER 

IS EFFECTIVE 7/1/1965 12/31/1995 12/31/2006 1/1/2007

On and after 7/1/2008 12.00 61.00 43.00 30.00

AZ BRK 000301
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Note that the value of benefits earned prior to a Separation from Covered Employment, if any, 

will be calculated in accordance with the factors in effect at the time the Separation was incurred. 

AZ BRK 000302
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CHART 4: HISTORICAL OVERVIEW OF RETIREE INCREASES ON 

AND AFTER JANUARY 1, 1983 

Note – Each retiree increase, as shown below, was applicable only to pensions that became 

effective before the month in which the increase became effective. 

DATE INCREASE AMOUNT 

WAS EFFECTIVE OF INCREASE

1/1/1983 10% 

1/1/1984 10% 

1/1/1988 5% 

1/1/1989 5% 

1/1/1992 4% 

1/1/1993 3.5% 

12/1/1997 4%* 

12/1/1998 4% 

7/1/2008 3% 

* In addition to the 4% increase, a thirteenth check, effective December 1, 1997, was granted to 

Pensioners and beneficiaries who were on the rolls as of November 30, 1997. 

The prior retiree increases, as shown above, should not be considered a guarantee of similar 

benefits or increases with respect to future years. Future retiree increases or thirteenth checks 

would only become payable based on the Trustees’ discretion and review. 

AZ BRK 000303
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EXAMPLES OF PENSION COMPUTATIONS 

1. REGULAR PENSION (Also see page 12)

A Bricklayer, age 65, applies for benefits indicating that his last day worked will be in December 

2012, and he wants to establish his Annuity Starting Date (see pages 1 and 31) on January 1, 

2013. He has no Past Service Credit and 23 years of Future Service Credit. Assume that, over 

the years, he earned his Credits as follows: 

Before 1/1/1960 0 Credits 

1/1/1960 to 12/31/1995 8 Credits 

1/1/1996 to 12/31/2006 10 Credits 

1/1/2006 and after 5 Credits 

This retiree’s pension becomes effective January 1, 2013, so the current factors are in effect. 

(See page 13). His monthly benefit, in single-life form, is calculated as follows: 

8 Credits x $61.00/Credit = $ 488.00

10 Credits x $43.00/Credit = $ 430.00

5 Credits x $30.00/Credit = $ 150.00

 $ 1,068.00 monthly Regular Pension

Remember that different factors apply depending on when the pension commences, and 

depending on whether the Participant is a Bricklayer or a Tilelayer (although, since January 1, 

1979, Bricklayers and Tilelayers have accrued benefits at the same rate). See pages 59 (for 

Bricklayers) and 60 (for Tilelayers) for a complete history of the pension factors in effect at 

various times. 

The Regular Pension amount could also be affected by a Separation from Covered Employment 

(see page 9), a Break in Covered Employment (see pages 10 and 11), or reduction for the QJSA 

(see pages 20 through 24). Benefits associated with credits earned after January 1, 2010, are also 

delayed pursuant to Article VII, if the Participant engaged in Noncovered employment after 

January 1, 2010. 

AZ BRK 000304
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2. EARLY RETIREMENT PENSION (Also see page 15)

A Participant, age 61 years and 6 months, retires with a January 1, 2013 Annuity Starting Date. 

Assume, based on his accumulated Pension Credits, that if he waited until he was 65 and retired 

on a Regular Pension with the same service, he would be eligible for a monthly payment of 

$1,000.00. But he is taking Early Retirement, and so his monthly benefit will be reduced for age. 

Because this retiree is 60 or older on the effective date of his Early Retirement Pension, his 

reduction for age will be 1/12 of 1% for each month by which he is younger than 65 on his 

effective date. At 61 years 6 months, he is 42 months younger than age 65; therefore, his 

monthly amount will be reduced as follows: 

42 months x 1/12 of 1% per month = 3.5%; or, more simply, 42/12 = 3.5 

100% - 3.5% = 96.5% 

$1,000.00 x 96.5% = $965.00 monthly Early Retirement Pension 

For retirees who are younger than 60 on the Annuity Starting Date of their Early Retirement 

Pension, remember that the Early Retirement reduction is calculated differently. Retirees 

younger than 60 are subject to a 1% per year reduction for the five-year period from age 60 to 

65, and are subject to a reduction of 1/6 of 1% for each month by which they are younger than 

60.

If we assume that the retiree in the above example is age 58 years and 0 months (which is 84 

months younger than age 65, and 24 months younger than age 60), then his monthly amount 

would be reduced as follows: 

There is a 5% reduction for the five-year period from age 60-65 

24 months x 1/6 of 1% per month = 4%; or, more simply, 24/6 = 4 

5% + 4% = 9% is the total reduction 

100% - 9% = 91% 

$1,000.00 x 91% = $910.00 monthly Early Retirement Pension 

The Early Retirement Pension amount could also be affected by a Separation from Covered 

Employment (see page 9), a Break in Covered Employment (see pages 10 and 11), or reduction 

for the QJSA (see pages 20 through 24). Benefits associated with credits earned after January 1, 

2010, are also delayed pursuant to Article VII, if the Participant engaged in Noncovered 

employment after January 1, 2010. 

AZ BRK 000305
- 66 - 

3. QUALIFIED JOINT AND SURVIVOR ANNUITY (QJSA) (Also see pages 20 

 through 24)

Assume that the Bricklayer in Example 1 is married, that he and his spouse do not reject the 

QJSA, and that the spouse is two years younger than the Participant. Remember, his monthly 

benefit before adjustment for the QJSA was $1,068.00.

Non-Disability Pension 

QJSA Reduction Factor = 89% minus .4% per year spouse is younger or plus .4% per year 

spouse is older; in this example spouse is 2 years younger. 

2 x .4% = .8% 

89% - .8% = 88.2% 

$1,068.00 x 88.2% = $941.98

rounded up to the next $.50, $942.00 is the pensioner’s lifetime monthly amount.

Remember that if the Annuity Starting Date (see pages 1 and 31) of your pension is on or after 

December 1, 1998, then upon your death your surviving spouse would receive a lifetime monthly 

benefit equal to 100% of the monthly benefit you were receiving at the time of your death. 

If you chose the 50% QOSA, then your monthly payment and your spouse’s survivor benefit 

would be calculated as follows: 

2 x .3% = .6% 

98% - .6% = 97.4% 

$1,068.00 x 97.4% = $1,040.23

rounded up to the next $.50, $1,040.50 is the pensioner’s lifetime monthly amount and, 

$1,040.50 x 50% = $520.50 would be the surviving spouse’s lifetime monthly amount. 

Disability Pension 

Assume that a retiree, age 56, is eligible for a Disability Pension, is married, that he and his 

spouse do not reject the QJSA, and that the spouse is one year older than the Participant. 

Assume that the monthly amount of the Disability Pension, before reduction for the QJSA, is 

$1,290.00. 

QJSA Reduction Factor = 79% minus .4% per year spouse is younger or plus .4% per year 

spouse is older; in this example, the spouse is 1 year older. 

1 x .4% = .4% 

79% + .4% = 79.4% 

$1,290.00 x 79.4% = $1,024.26 

rounded up to the next $.50, $1,024.50 is the pensioner’s lifetime monthly amount.

Remember that if the Annuity Starting Date (see pages 1 and 31) of your pension is on or after 

December 1, 1998, then upon your death your surviving spouse would receive a lifetime monthly 

benefit equal to 100% of the monthly benefit you were receiving at the time of your death. 

If that retiree selected the 50% QOSA, then his monthly payment and his spouse’s survivor 

benefit would be calculated as follows: 

AZ BRK 000306
- 67 - 

1 X .3% = .3% 

87.5% + .3% = 87.8% 

$1,290.00 X 87.8% = $1,132.62

Rounded up to the next $.50, $1,133.00 is the pensioner’s lifetime month amount and 

$1,133.00 x 50% = $566.50 would be the surviving spouse’s lifetime monthly amount. 

Pop-Up Feature 

Note that if your spouse predeceases you, and your pension is being paid in QJSA or QOSA 

form when your spouse dies, then your monthly benefit will be increased to the amount that 

would have been payable to you if your pension were paid in the form of a Single Life Annuity 

with a 36-month certain period. This increase in monthly benefit, which is called a 'pop-up 

feature' applies to death of spouses occurring on or after January 1, 1999 for the QJSA, and to 

death of spouses occurring on or after January 1, 2009 for the QOSA. 

4. PRE-RETIREMENT DEATH – 50% PRE-RETIREMENT SURVIVOR ANNUITY 

BEFORE AGE 55 (Also see pages 23 through 24) 

Assume that a married Participant, 3 years older than his spouse, died in January 2013 at age 50. 

Assume that at the time of his death, he already had enough credit for a monthly benefit of 

$1,000.00 if he had lived and retired at 65. The pre-retirement survivor annuity payable to his 

surviving spouse would be 100% of the monthly benefit that would have been payable to him (in 

the form of the Qualified Joint and Survivor Annuity, or QJSA) at age 55. At age 55, he would 

have been 120 months younger than age 65, and 60 months younger than age 60. 

There is a 5% reduction for the five-year period from age 60-65 

60 months x 1/6 of 1% per month = 10%; or, more simply, 60/6 = 10 

5% + 10% = 15% total reduction 

100% - 15% = 85% 

$1,000.00 x 85% = $850.00 monthly Early Retirement Pension 

QJSA reduction = 89% - 1.2% (.4% for each year by which the spouse is younger) = 87.8% 

$850.00 x 87.8% = $746.30

$746.50 is the amount that would have been payable to Participant at age 55 in QJSA form 

The surviving spouse would receive a lifetime monthly benefit of $746.50, commencing as of the 

first day of the month following the month in which the Participant would have attained age 55. 

AZ BRK 000307
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AZ BRK 000308
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RULES AND REGULATIONS OF THE 

PENSION PLAN FOR THE 

ARIZONA BRICKLAYERS’

PENSION TRUST FUND 

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