BUILDING MATERIAL DRIVERS LOCAL 436 

PENSION TRUST FUND 

AMENDED AND RESTATED PLAN 

JANUARY 1, 2014 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0086
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TABLE OF CONTENTS 

Introduction ..................................................................................................................................... 1 

Article 1 - Definitions and Construction ....................................................................................... 3 

1.1 Definitions .................................................................................................................................. 3 

1.2 Construction ............................................................................................................................... 13 

Article 2 - Eligibility and Participation ......................................................................................... 13

2.1 Conditions .................................................................................................................................. 13 

2.2 Employees Assent to Plan - Continuance of Participation in the Plan ....................................... 13 

2.3 Eligibility Termination of Covered Service ............................................................................... 14 

2.4 Resumption of Participation ....................................................................................................... 14 

2.5 Covered Service Under Local 400 Plan ..................................................................................... 14 

Article 3 - Contributions ................................................................................................................. 15 

3.1 Amount of Contributions ........................................................................................................... 15 

3.2 Irrevocability of Contributions ................................................................................................... 15 

3.3 Limitation of Liability for Benefits ............................................................................................ 15 

3.4 Delinquent Employers ................................................................................................................ 15 

3.5 Termination or Modification of Obligation to Contribute ......................................................... 16 

3.6 Employer Bonding ..................................................................................................................... 16 

Article 4 - Crediting Service ........................................................................................................... 16 

4.1 Accrual Computation Period ...................................................................................................... 16 

4.2 Crediting of Past Service ............................................................................................................ 16 

4.3 Crediting of Future Service ........................................................................................................ 17 

4.4 Employment Not Included in Calculating Years of Credited Service ....................................... 20 

Article 5 - Vesting ............................................................................................................................ 20 

5.1 Vesting on Retirement ................................................................................................................ 20 

5.2 Vesting on Termination .............................................................................................................. 20 

5.3 Vesting Computation Period ...................................................................................................... 20 

Article 6 - Eligibility for Benefits and Time of Payment ............................................................. 20 

6.1 Normal Retirement Benefit ........................................................................................................ 20 

6.2 Early Retirement Benefit ............................................................................................................ 20 

6.3 Vested Deferred Retirement Benefit .......................................................................................... 21 

6.4 Disability Retirement Benefit ..................................................................................................... 21 

Article 7 - Calculation of Pension Benefit ..................................................................................... 22 

7.1 Determination of Benefit ............................................................................................................ 22 

7.2 Benefits Under the Regular Plan ................................................................................................ 22 

7.3 Benefits Under the Lower Level Plan ........................................................................................ 23 

7.4 Benefits Under the 1992 Plan .................................................................................................... 23 

7.5 1995 Plan .................................................................................................................................... 24 

7.6 1997 Plan .................................................................................................................................... 24 

7.7 1998 Plan .................................................................................................................................... 25 

7.8 2000 Plan .................................................................................................................................... 25 

7.9 2001 Plan .................................................................................................................................... 26 

7.10 2014 Plan .................................................................................................................................. 27 

7.11 Partial Pensions - Purpose ........................................................................................................ 27 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0087
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Article 8 - Method And Payment of Benefits ................................................................................ 29 

8.1 Form of Benefits ........................................................................................................................ 29 

8.2 Restrictions on Immediate Distributions .................................................................................... 35 

8.3 Mandatory Lump Sum Payments ............................................................................................... 35 

8.4 Distribution Requirements ......................................................................................................... 36 

8.5 Minimum Death Distribution Provisions ................................................................................... 40 

8.6 Reemployment/Suspension of Benefits ..................................................................................... 41 

8.7 Amount of Benefit Upon Reemployment .................................................................................. 43 

8.8 Direct Rollovers ......................................................................................................................... 44 

8.9 No Duplication of Benefits ........................................................................................................ 45 

8.10 Limitation on Effect of Change in Social Security Benefits .................................................... 45 

Article 9 - Death Benefits ................................................................................................................ 45 

9.1 Surviving Spouse Death Benefits ............................................................................................... 45 

9.2 Post Retirement Death Benefit ................................................................................................... 46 

Article 10 - Benefit Restrictions ..................................................................................................... 46 

10.1 Restriction in Maximum Amount of Benefit ........................................................................... 46 

10.2 Restrictions in Event of Termination ....................................................................................... 48 

Article 11 - Administration of the Plan ......................................................................................... 49 

11.1 Administration of the Plan ....................................................................................................... 49 

11.2 Administrator of the Plan ......................................................................................................... 49 

11.3 Payment of Benefits Under Legal Disability ............................................................................ 50 

11.4 Inability to Locate Participant .................................................................................................. 50 

11.5 No Discrimination .................................................................................................................... 50 

11.6 SPD/Reports ............................................................................................................................. 50 

11.7 Records and Information .......................................................................................................... 50 

11.8 Information to Participants ....................................................................................................... 50 

Article 12 - Claims Procedure ........................................................................................................ 51 

12.1 Application for Benefits ........................................................................................................... 51 

12.2 Notice of Denied Claim for Benefits........................................................................................ 51 

12.3 Review of Denied Claim. ......................................................................................................... 51 

12.4 Review of Committee’s Decision ............................................................................................ 52 

12.5 Right to Bring Civil Suit .......................................................................................................... 53 

Article 13 - Amendment and Termination .................................................................................... 53 

13.1 Amendment of the Plan ............................................................................................................ 53 

13.2 Termination .............................................................................................................................. 54 

Article 14 - Duties and Authority of Trustees .............................................................................. 54 

14.1 Named Fiduciaries ................................................................................................................... 54 

14.2 Exclusive Benefits .................................................................................................................... 54 

14.3 Liability of Trustees ................................................................................................................. 54 

14.4 Receive Payments .................................................................................................................... 55 

14.5 Tax Returns and Reports .......................................................................................................... 55 

14.6 Expenses ................................................................................................................................... 55 

14.7 Appointment of Investment Manager ...................................................................................... 55 

14.8 Decision of Trustees ................................................................................................................. 56 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0088
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14.9 Funding .................................................................................................................................... 56 

14.10 Unauthorized Representations ............................................................................................... 57 

Article 15 - Top-Heavy Provisions ................................................................................................. 57 

15.1 Definitions for Top-Heavy Provisions ..................................................................................... 57 

15.2 Top-Heavy Plan Requirements ................................................................................................ 61 

15.3 Top-Heavy Vesting Requirements ........................................................................................... 61 

15.4 Top-Heavy Minimum Accrued Benefit ................................................................................... 62 

Article 16 - Employer Withdrawal Liability ................................................................................ 63 

16.1 In General ................................................................................................................................. 63 

16.2 Definition of Withdrawal ......................................................................................................... 63 

16.3 Unfunded Vested Liability ....................................................................................................... 63 

16.4 DeMinimus Rule ...................................................................................................................... 64 

16.5 Method of Computing Amount of Liability ............................................................................. 64 

16.6 Payment of Withdrawal Liability ............................................................................................. 64 

16.7 Notice and Collection of Withdrawal Liability ........................................................................ 64 

16.8 Notice to Employers ................................................................................................................. 65 

Article 17 - Miscellaneous ............................................................................................................... 65 

17.1 Jurisdiction, Construction and Validity. ................................................................................... 65 

17.2 IRS Approval ........................................................................................................................... 65 

17.3 Uniformed Services Employment and Reemployment Rights Act of 1994............................. 66 

17.4 Laws of Ohio to Apply ............................................................................................................. 67 

17.5 Participant Cannot Transfer or Assign Benefits ....................................................................... 67 

17.6 Qualified Domestic Relations Order ........................................................................................ 67 

17.7 Administrator Agent for Service of Process ............................................................................ 67 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

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INTRODUCTION 

 By resolution of December 26, 1961, the Trustees of Building Material Drivers Local 436 Pension 

Trust Fund adopted a Retirement Plan in accordance with an Agreement and Declaration of Trust dated as 

of December 26, 1961 (“Plan”) and executed in accordance with collective bargaining agreements 

between Excavating Building Material, Construction Drivers and Race Track Employees Local Union No. 

436 and the following: (1) Excavating and Paving Contractors Association, (2) Building Material Dealers 

of Greater Cleveland, (3) United Truckers Association, (4) The Lumber and Millwork Industry Labor 

Committee of Cuyahoga County, and (5) The Cleveland Wholesale Glass Group of Greater Cleveland. 

 The Trustees amended the Plan several times, and effective January 1, 1976, amended and restated 

the Plan to incorporate prior amendments and to comply with the Employee Retirement Income Security 

Act of 1974. The 1976 restated Plan was amended several times, and the Trustees amended and restated 

the Plan to incorporate all prior amendments and to comply with the requirements of the Tax Equity and 

Fiscal Responsibility Act of 1982, the Deficit Reduction Act of 1984 and the Retirement Equity Act of 

1984. 

 Effective January 1, 1989, the Trustees amended and restated the Plan to incorporate prior 

amendments and make such other amendments to satisfy the requirements of The Tax Reform Act of 

1986, The Omnibus Budget Reconciliation Act of 1986, The Omnibus Budget Reconciliation Act of 

1987, The Technical and Miscellaneous Revenue Act of 1988 in order to qualify the Plan under Sections 

401 and 501 of the Code. 

 Effective January 1, 2001, the Trustees amended and restated the Plan to incorporate prior 

amendments and to amend and restate the Plan to incorporate those changes which have been made by 

prior amendments, those which are now required to be made to qualify the Plan under Sections 401 and 

501 of the Code, in accordance with the Uruguay Round Agreement Act of 1994, the Uniformed Services 

Employment & Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996, the 

Taxpayer Relief act of 1997, the Internal Revenue Service Restructuring and Reform Act of 1998, the 

Community Renewal Tax Relief Act of 2000 and other miscellaneous changes. 

 Effective January 1, 2002, the Trustees shall and hereby do amend and restate the Plan to 

incorporate changes that have been made by prior amendments, and those changes that are required to be 

made to conform the Plan to the requirements of recent pension legislation and Internal Revenue Service 

guidelines, including but not limited to the Economic Growth and Tax Relief Reconciliation Act of 2001 

(“EGTRRA”) effective for Plan Years beginning after December 31, 2001. In addition, the Plan has been 

amended to incorporate changes from the Pension Funding Equity Act of 2004 (PFEA), American Job 

Creation Act of 2004 (AJCAA), Pension Protection Act of 2006 (PPA ‘06). 

 Effective January 1, 2014, the Plan has been further amended and restated by the Trustees to 

incorporate changes that have been made by prior amendments, and those changes that are required to be 

made to conform the Plan to the requirements imposed by the Heroes Earnings Assistance and Relief Tax 

Act of 2008 (HEART), and the Workers Retirees, and Employers Recovery Act of 2008 (“WRERA”). 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0090
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 Except as otherwise specifically provided, this restatement shall not be applicable to any person 

with respect to whom contributions to the Pension Fund are not made after December 31, 2000, and any 

such person shall continue to be covered under the terms and provisions of the Retirement Plan in effect 

prior to January 1, 2001. 

 Please be advised that the terms of the restated Plan are subject to a Rehabilitation Plan, which the 

Trustees are required to review on an annual basis pursuant to certain provisions of the Pension Protection 

Act of 2006, as amended. In accordance with the Trustees’ annual review of the Rehabilitation Plan, the 

Trustees may update the applicable Rehabilitation Plan. In the event of a conflict between the terms or 

benefits outlined in this restated Plan and those set forth in the applicable Rehabilitation Plan, the terms of 

the Rehabilitation Plan will control. An appendix summarizing certain terms of the current Rehabilitation 

Plan is attached to the restated Plan. A copy of the applicable Rehabilitation Plan can be obtained 

through the Pension Fund Office. The restated Plan, effective January 1, 2014, is as follows: 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

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Article 1 

Definitions and Construction 

1.1 Definitions. 

 (a) Accrued Benefit. The Normal Retirement Benefit that a Participant would receive under 

Section 6.1 at the Participant’s Normal Retirement Date. In the event a Participant terminates 

Employment prior to his Normal Retirement Date, his Accrued Benefit shall be equal to his Normal 

Retirement Benefit determined as of his date of termination of Employment based on his Credited Service 

as of that date. 

 (b) Actuarial Equivalent. The Actuarial Equivalent means a benefit of equivalent value 

when computed on the basis of: 

 (i) An interest rate of seven and one-half percent (71⁄2 %) compounded annually, and 

the UP-84 Mortality Table with the Participant’s actual age set forward one (1) year prior to the factor 

determination, and with a four (4) year age setback for the beneficiary or contingent annuitant, if any. 

 (ii) For Plan Years beginning after December 31, 1999, the following interest and 

mortality assumptions will apply: 

 (I) Except as provided in the following paragraph, actuarial equivalence will be 

determined on the basis of the interest rate and mortality table specified in Article 1, Section 1.1(b)(i). 

 (II) For purposes of determining the amount of any distribution, in a form other 

than an annual benefit that is non-decreasing for the life of the Participant or, in the case of a qualified 

pre-retirement survivor, the life of the Participant’s spouse; or that decreases during the life of the 

Participant merely because of the death of the surviving annuitant (but only if the reduction is to a level 

not below 50% of the annual benefit payable before the death of the surviving annuitant) or merely 

because of the cessation or reduction of Social Security supplements or qualified disability payments, 

actuarial equivalence will be determined on the basis of the Applicable Mortality Table and Applicable 

Interest Rate under Code Section 417(e)(3)(B), if it produces a benefit greater than that determined under 

Section 1.1(b)(i). The preceding two paragraphs will not apply to the extent they would cause the plan to 

fail to satisfy Accrual Limitations. 

 (III) The Applicable Interest Rate is the rate of interest on 30-year Treasury 

securities as specified by the Commissioner for the month preceding the first day of Plan Year that 

contains the annuity starting date, i.e. the month of December preceding the Plan Year in which a 

distribution is made. 

 A plan amendment that changes the date for determining the Applicable Interest 

Rate (including an indirect change as a result of a change in plan year), shall not be given effect with 

respect to any distribution during the period commencing one year after the later of the amendment’s 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

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effective date or adoption date, if, during such period and as a result of such amendment, the Participant’s 

distribution would be reduced. 

 (IV) The Applicable Mortality Table is the mortality table based on the 

prevailing Commissioner’s standard table used to determine reserves for group annuity contracts. The 

Applicable Mortality Table is presently set forth in Rev. Rul. 95-6, 1995-1 C.B. 80. For Plan Years 

beginning on or after January 1, 2003, the Applicable Mortality Table is the mortality table based on the 

prevailing Commission’s standard table used to determine reserves for group annuity contracts. The 

Applicable Mortality Table is presently set forth in Rev. Rul. 2001-62. 

 (1) In the case of the actual termination of the Plan, the Actuarial Equivalent shall be 

determined using either the foregoing factors or such actuarial principles and assumptions as may then be 

prescribed by the Pension Benefit Guaranty Corporation for use in allocating assets under Title IV, 

Section 4044 of ERISA and/or, to the extent permitted by law, such actuarial principles and assumptions 

as may be used by any insurance company providing single premium qualified annuity contracts. 

 (2) For Plan Years beginning after December 31, 2007, the following interest and 

mortality assumptions will apply: 

 (I) The Applicable Interest Rate shall mean the adjusted first, second and third 

segment rates applied under rules similar to the rules of Section 430(h)(2)(C) of the Code for the month 

before the date of the distribution or such other time as the Secretary of the Treasury may by regulations 

prescribe. For this purpose, the adjusted first, second and third segment rates are the first, second and 

third segment rates which would be determined under Section 430(h)(2)(C) of the Code if: 

(a) Section 430(h)(2)(D) of the Code were applied by substituting the average 

yields for the month described in Section 430(h)(2)(C) of the Code for the 

average yields for the 24-month period described in such section; 

(b) Section 430(h)(2)(G)(i)(II) were applied by substituting “Section 

417(e)(3)(A)(ii)(II) for Section 412(b)(5)(B)(ii)(II); and 

(c) The applicable percentage under Section 430(h)(2)(G) of the Code were 

determined in accordance with the following table: 

In the case of Plan Years The Applicable Percentage is: 

beginning in: 

2008 20% 

2009 40% 

2010 60% 

2011 80% 

 (II) The Applicable Mortality Table means a mortality table modified as 

appropriate by the Secretary, based on the mortality table specified for the Plan Year under Code Section 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0093
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417(e)(3)(B) . There is no phase in or transition rule for the “Applicable Mortality Table” as defined 

under this Subsection. 

 (c) Administrator. The Board of Trustees, which controls and manages the operation and 

administration the Plan, is the named fiduciary and the Administrator of the Plan. 

 (d) Affiliated Employer. Any Employer and any corporation that is a member of a controlled 

group of corporations (as defined in Code Section 414(b)), which includes the Employer; any trade or 

business (whether or not incorporated) that is under common control (as defined in Code Section 414(c)) 

with the Employer; and organization (whether or not incorporated) that is a member of an affiliated 

service group (as defined in Code Section 414(m)) that includes the Employer; and any other entity 

required to be aggregated with the Employer pursuant to regulations under Code Section 414(o). 

 (e) Annuity Starting Date. The first day of the first period for which an amount is paid as an 

annuity or any other form. 

 The annuity starting date for disability benefits is the date such benefits commence if the 

disability benefit is not an auxiliary benefit. An auxiliary benefit is a disability benefit that does not 

reduce the benefit payable at Normal Retirement Age. 

 (f) Applicable Interest Rate. Applicable Interest Rate is the interest rate described in Article 

1, Section 1.1(b)(ii)(III) or Section 1.1(b)(iv)(I) of the Plan. 

 (g) Applicable Mortality Table. Applicable Mortality Table is the mortality table described 

in Article 1, Section 1.1(b)(ii)(IV) of the Plan. 

 (h) Beneficiary. Any person, estate or trust who by operation of law, or under the terms of the 

Plan, or otherwise, is entitled to receive any Accrued Benefit of a Participant under the Plan. A 

Designated Beneficiary is any individual designated or determined in accordance with Section 1.1(m). 

 (i) Code. The Internal Revenue Code of 1986, as amended from time to time, and as 

interpreted by applicable regulations and rulings issued thereunder. 

 (j) Compensation. 

 (i) An Employee’s total direct remuneration for services to the Employer received 

during the Plan Year, excluding expense reimbursements, contributions to pension and welfare programs, 

and other forms of allowances (without regard to any rules pursuant to Code section 3401(a) that treat the 

remuneration included in wages based on familial relationships or the nature or location of employment or 

services performed). 

 (ii) For plan years beginning on or after January 1, 1989 and before January 1, 1994, 

the annual compensation of each Participant taken into account for determining all benefits provided 

under the Plan for any plan year cannot exceed Two Hundred Thousand Dollars ($200,000.00). This 

limitation shall be adjusted by the Secretary at the same time and in the same manner as under Code 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

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Section 415(d), except that the dollar increase in effect January 1 of any calendar year is effective for plan 

years beginning in such calendar year and the first adjustment to the Two Hundred Thousand Dollar 

($200,000.00) limitation is effective January 1, 1990. 

 In addition to other applicable limitations set forth in the Agreement, and notwithstanding 

any other provision of the Agreement to the contrary, for plan years beginning on or after January 1, 1994, 

the annual compensation of each employee taken into account under the Agreement cannot exceed the 

OBRA ‘93 annual compensation limit. The OBRA ‘93 annual compensation limit is $150,000, as 

adjusted by the Commissioner for increases in the cost of living in accordance with Code Section 

401(a)(17)(B). The cost-of-living adjustment in effect for a calendar year applies to any period, not 

exceeding twelve (12) months, over which compensation is determined (determination period) beginning 

in such calendar year. If a determination period consists of fewer than twelve (12) months, the OBRA ‘93 

annual compensation limit will be multiplied by a fraction, the numerator of which is the number of 

months in the determination period, and the denominator of which is twelve (12). 

 For plan years beginning on or after January 1, 1994, any reference in the Agreement to the 

limitation under Code Section 401(a)(17) means the OBRA ‘93 annual compensation limit set forth in this 

provision. 

 If compensation for any prior determination period is taken into account in determining an 

employee’s benefits accruing in the current plan year, the compensation for that prior determination period 

is subject to the OBRA ‘93 annual compensation limit in effect for that prior determination period. For 

this purpose, for determination periods beginning before the first day of the first plan year beginning on or 

after January 1, 1994, the OBRA ‘93 annual compensation limit is $150,000.00. 

 (iii) Compensation includes elective contributions made by the Employer on behalf of 

the Employee that are not includable in income under a cafeteria plan (pursuant to Code section 125), a 

Code section 401(k) arrangement (pursuant to Code section 402(a)(8)), a simplified employee pension 

(pursuant to Code section 401(h)), or a tax-sheltered annuity or account (pursuant to Code section 403(b)); 

compensation deferred under an eligible deferred compensation plan of a state or local government or taxexempt organization within the meaning of Code section 457(b); Employee contributions under 

governmental plans described in Code section 414(h)(2); any amount for a qualified transportation fringe 

which is contributed or deferred by an Employer at the election of an Employee and which is not 

includible in the gross income of the Employee pursuant to Code section 132(f)(4). 

 (iv) For Plan Years beginning after December 31, 2001, the annual compensation of 

each Participant taken into account for determining all benefits provided under the Plan for a Plan Year 

shall not exceed Two Hundred Thousand Dollars ($200,000). The $200,000 limit on annual compensation 

shall be adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the Code. The 

cost-of-living adjustment in effect for a calendar year applies to annual compensation for the 

determination period that begins with or within such calendar year. For purposes of determining benefit 

accruals in a Plan Year beginning after December 31, 2001, compensation for any prior determination 

period shall be limited as provided above. For Plan Years beginning on or after January 1, 2007, in 

determining Compensation, Compensation shall not include Compensation paid to a Former Employee 

after such Employee’s severance date. 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

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 (k) Covered Service. Service by an Employee for which an Employer is required, by virtue 

of executing a collective bargaining agreement with the Union, to contribute to the Pension Fund on 

behalf of an Employee for actual hours for which an Employee is paid or entitled to payment. 

 (l) Deferred Retirement Date. The first day of any month following a Participant’s Normal 

Retirement Age in which the Participant elects to retire. 

 (m) Designated Beneficiary. For purposes of Article 9.2, the person the Participant designated 

on a form prescribed by the by the Administrator and accepted by the Administrator to receive his post 

retirement death benefit. 

 For other purposes, any person designated by the Participant to receive the Participant’s 

vested Accrued Benefit in the event of the Participant’s death on a form prescribed by the Administrator. 

If the Participant dies without having designated a Beneficiary, the Administrator will distribute such 

benefits in the following order of priority to the deceased Participant’s: (i) spouse, (ii) lineal descendants, 

(iii) parents, or (iv) estate. 

 However, in the event of the death of a married Participant, the surviving spouse must be 

the sole Beneficiary, unless: (i) the surviving spouse has consented, in writing, to a different election; (ii) 

has acknowledged the effect of such election; and (iii) the consent and acknowledgment are witnessed by 

the Administrator or a notary public. The consent of spouse is not necessary if: (i) it is established to the 

satisfaction of the Administrator that there is no spouse; (ii) the spouse cannot reasonably be located; or 

(iii) for such other reasons as the regulations may prescribe. The consent of a spouse as reasons for not 

requiring such consent is applicable only to that spouse. If the spouse of a Participant becomes locatable 

or if a Participant remarries, it shall be the duty of the Participant to bring that fact to the attention of the 

Administrator. If the Participant so notifies the Administrator, the Administrator shall then, if applicable, 

proceed to make available to such spouse the consent of spouse procedures described in this subsection. 

 (n) Disability Retirement Benefit. Disability Retirement Benefit means that benefit 

described in Article 6, Section 6.4 of the Plan. 

 (o) Disability Retirement Date. The first day of the month following the later of (i) six 

months of Permanent and Total Disability of the Employee; or (ii) three months after receipt by the 

Trustees of due proof of Employee’s Permanent and Total Disability. 

 (p) Early Retirement Age. The date a Participant attains age 57 and has completed fifteen 

(15) Years of Credited Service. 

 (q) Early Retirement Benefit. Early Retirement Benefit means that benefit described in 

Article 6, Section 6.2 of the Plan. 

 (r) Early Retirement Date. The first day of any month coincident with or next following the 

date the Employee attains his Early Retirement Age, but before the Employee attains his Normal 

Retirement Age in which the Employee elects to retire. 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

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 (s) Effective Date. The Effective Date of the Plan means May 1, 1961. 

 (t) Employee. “Employee” means any employee of an Employer who, on or after January 1, 

1976, is: 

 (i) Employed by an Employer under the terms and conditions of a collective 

bargaining agreement entered into between an Employer or its representative and the Union and on whose 

behalf payments are made to the Pension Fund by the Employer; or 

 (ii) A member of the Auto Transportation, New Trailer and Armored Car Drivers, 

Garage Men, Gas Station and Parking Lot Operations Union Local No. 964 (hereinafter referred to as 

“Local 964”) and who is employed by an Employer under the terms and conditions of a collective 

bargaining agreement entered into between an Employer or its representative and Local 964 and on whose 

behalf payments are made to the Pension Fund by the Employer; and as to such personnel employment by 

an Employer will be considered employment in the industry in Covered Service; or 

 (iii) Employed by the Union who is bound by a Participation Agreement, upon being 

proposed by the Union and after acceptance by the Trustees; and as to such Union personnel, the Union 

will be considered an Employer and will, on behalf of such personnel, make payments to the Trust Fund at 

the time and at the rate of payment equal to that made by any other Employer who is a party to the Trust 

Fund; and as to such Union personnel, employment by the Union will be considered employment in the 

industry and under a collective bargaining agreement; or 

 (iv) Employed by the Welfare Fund upon acceptance by the Trustees; and as to such 

Welfare Fund personnel, the Trustees will be considered an Employer and will, on behalf of such 

personnel, make payments to the Welfare Fund at the time and at the rate of payment equal to that made 

by any other Employer who is a party to the Pension Fund; and as to such Welfare Fund personnel, 

employment by the Welfare Fund will be considered employment in the industry and under a collective 

bargaining agreement. 

 (v) The term Employee does not include any leased employee deemed to be an 

Employee of any employer described in the previous paragraph as provided in Code Sections 414(n) or 

(o). 

 The term “leased employee” means any person (other than an employee of the recipient) 

who, pursuant to an agreement with the recipient and any other person (“leasing organization”), has 

performed services for the recipient (or for the recipient and related persons determined in accordance 

with Code Section 414(n)(6)) on a substantially full-time basis for a period of at least one year, and such 

services are performed under primary direction or control by the recipient. Contributions or benefits 

provided a leased employee by the leasing organization that are attributable to services performed for the 

recipient employer shall be treated as provided by the recipient employer. 

 A leased employee will not be considered an Employee of the recipient if: (i) such 

employee is covered by a money purchase pension plan providing: (1) a non-integrated employer 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

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contribution rate of at least ten percent (10%) compensation, as defined in Code Section 415(c)(3), but 

including amounts contributed pursuant to a salary reduction agreement that are excludable from the 

employee’s gross income under Code Section 125, Section 402(e)(3), Section 402(h), or Section 403(b); 

(2) immediate participation; and (3) full and immediate vesting; and (ii) leased employees do not 

constitute more than twenty percent (20%) of the recipient’s non-highly compensated workforce. 

 (u) Employer. Any association or employer that has duly executed a collective bargaining 

agreement or who has executed a Participation Agreement with the Union requiring a contribution to the 

Pension Fund which satisfies the requirements for participation as established by the Trustees. 

 (v) ERISA. The Employee Retirement Income Security Act of 1974, as from time to time 

amended. 

 (w) Hour of Service. An Hour of Service is counted for the purposes of determining a Year of 

Eligibility Service, a Year of Credited Service, a One-Year Break in Service and employment 

commencement date (or reemployment commencement date). An Hour of Service is defined as follows: 

 (i) The Plan will credit an Hour of Service with respect to each hour of Covered 

Service and for each hour of Non-covered Service for which the Employer is not obligated to contribute to 

the Pension Fund, but only for Non-covered Service when the Employee moves from Covered Service to 

contiguous Non-covered Service, as described at 29 C.F.R. § 2530.210, for the same Employer, provided 

that the Employer remains in continuous contractual relationship with the Union and is obligated to make 

contributions to the Pension Fund; 

 (ii) An hour of service is each hour for which an Employee is paid, or entitled to 

payment, for the performance of duties for the Employer. These hours will be credited to the Employee 

for the computation period in which the duties are performed; and 

 (iii) Each hour for which an Employee is paid, or entitled to payment by the Employer 

on account of a period of time during which no duties are performed (regardless of whether the 

employment relationship has terminated) due to vacation, holiday, illness, incapacity (including 

Disability), layoff, jury duty, military duty, or leave of absence. Notwithstanding the preceding sentence, 

no more than 501 Hours of Service will be credited for any single continuous period (whether or not such 

period occurs in a single Plan Year or other continuous period). Hours under this paragraph will be 

calculated and credited pursuant to section 2530.200b-2 of the Department of Labor Regulations, which is 

incorporated herein by this reference; and 

 (iv) An hour of service is each hour for which back pay, regardless of any mitigation of 

damages, is either awarded or agreed to by the Employer. The same Hours of Service will not be credited 

pursuant to both paragraph (1) or paragraph (2), as the case may be, and under this paragraph (3). Hour of 

Service will be credited for any individual considered an employee for purposes of this Plan under 26 

USC § 414(n) or 26 USC § 414(o). 

 Solely for purposes of determining whether a One-Year Break in Service for participation 

and vesting purposes has occurred in a computation period, an Employee who is absent from work for 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0098
- 10 - 

maternity or paternity reasons will receive credit for the Hours of Service that would otherwise have been 

credited to such Employee, but for such absence, or, in any case that such hours cannot be determined, 

eight (8) hours of service per day of such absence. For purposes of this paragraph, an absence from work 

for maternity or paternity reasons means an absence: (i) by reason of the pregnancy of the Employee; (ii) 

by reason of the birth of a child of the Employee; (iii) by reason of the placement of a child with the 

Employee for adoption by the Employee; or (iv) for purposes of caring for such child immediately after 

birth or placement for adoption by the Employee. The Plan will credit Hours of Service pursuant to this 

paragraph first to the Plan Year in which the absence begins to the extent necessary to prevent a Break in 

Service in that Plan Year, then to the Plan Year following the Plan Year in which the absence begins. No 

more than 501 hours will be credited under this paragraph. If the hours which would have been credited, 

but for an absence due to maternity or paternity reasons cannot be determined, the Plan will credit eight 

(8) Hours of Service for each day of the absence. The Plan will not award Hours of Service pursuant to 

this paragraph unless the Employee involved provides the Administrator such information as the 

Administrator reasonably requires to establish the purpose of the absence as consistent with this paragraph 

and to establish the number of days in the absence. 

 The Plan will credit an Hour of Service to the Plan Year or other computation period to 

which a payment, agreement or award relates, rather than the year or period in which the payment, 

agreement or award occurs. Except for purposes of benefit accrual pursuant to Article 6, Hours of Service 

shall be credited for employment with other members of an affiliated service group (under Code Section 

414(m)), a controlled group of corporations (under Code Section 414(b)), a group of trades or businesses 

under common control (under Code Section 414(c)) of which the Employer is a member, any other entity 

required to be aggregated with the Employer pursuant to Code Section 414 (o). 

 (x) Noncovered Service. Service by an Employee for an Employer that is not Covered 

Service. 

 (y) Normal Retirement Age. For each Participant, the Normal Retirement Age is the earlier 

of: 

 (i) for benefits earned in Plan Years beginning before January 1, 2007, the later of: (i) 

his attainment of age 62; or (ii) his completion of ten (10) Years of Credited Service and for benefits 

earned in Plan Years beginning after December 31, 2006, the later of: (i) his attainment of age 65; or (ii) 

his completion of ten (10) Years of Credited Service; or 

 (ii) the later of: (i) his attainment of age 65; or (ii) the 5th anniversary of his becoming a 

Participant. 

 (z) Normal Retirement Benefit. Normal Retirement Benefit means that benefit described in 

Article 6, Section 6.1 of the Plan. 

 (aa) Normal Retirement Date. If an Employee’s birthday is in the first ten (10) days of the 

month, the first day of the month in which the Employee attains his Normal Retirement Age; if an 

Employee’s birthday is not in the first ten days of the month, the first day of the month next following the 

date on which the Employee attains his Normal Retirement Age. 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0099
- 11 - 

 (bb) One-Year Break in Service. A 12-consecutive month period (computation period) during 

which a Participant does not complete at least 435 Hours of Service arising from Covered Service or 500 

Hours of Service arising from Covered and/or Non-Covered Service. The computation periods for 

measuring breaks in service shall be the same as for measuring Years of Eligibility Service. 

 (cc) Optional Form of Benefit. A benefit described in Article 8, Section 8.1(f) of the Plan. 

 (dd) Participant. Any Employee or former Employee who has satisfied the eligibility and 

participation requirements of the Plan as provided in Article 2. Where appropriate, the term “Participant” 

also includes former Participants. A Participant ceases being a Participant in the Plan on the date that he 

incurs a One-Year Break in Service. Status as a former Participant continues until the date that the Plan 

has satisfied all liabilities with respect to the former Participant. 

 (ee) Participation Agreement. An agreement between the Trustees and Employer that 

evidences the commitment of the Employer signatory thereto to be bound by the provisions of the Plan 

and to make contributions to the Pension Fund. 

 (ff) Pension Fund. The assets of the Plan held in trust by a Trustee or the assets of the Plan 

established under the Agreement and Declaration of Trust dated as of December 26, 1961. 

 (gg) Permanent and Total Disability. An Employee will be considered to have incurred a 

Permanent and Total Disability only if the Administrator determines, in its discretion, that the Employee: 

(a) has incurred a permanent physical or mental impairment, disease, loss or combination thereof 

(“condition”) that substantially precludes him from performing his normal job functions for a period of six 

(6) months; (b) has a condition that is not likely to improve or will continue throughout his lifetime; and 

(c) has provided competent medical evidence of his condition. The following conditions will presumably 

be a Permanent and Total Disability: (i) the entire and irrevocable loss of sight in both eyes; (ii) the 

severance of both hands above the wrist; (iii) the severance of both feet above the ankle; or (iv) the 

severance of one hand above the wrist and one foot above the ankle. Permanent and Total Disability does 

not include disabilities incurred by Participants no longer employed by an Employer, arising from 

participation in a felonious criminal act, habitual drunkenness, addiction to narcotics, an intentional selfinflicted injury, or resulting from military service for which a government disability pension is payable. 

 (hh) Plan. The Building Material Drivers Local 436 Pension Plan, as stated herein and as 

amended from time to time. 

 (ii) Plan Year. The twelve (12) month period beginning January 1st and ending December 

31st. 

 (jj) Qualified Joint and Survivor Annuity. An immediate monthly annuity for the life of the 

Participant with a survivor annuity for the life of the spouse in the amount equal to fifty percent (50%) of 

the amount of the annuity that is payable during the joint lives of the Participant and the spouse and that is 

the actuarial equivalent of the normal form of benefit. 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0100
- 12 - 

 (kk) Qualified Optional Survivor Annuity. An annuity: (a) for the Participant’s lifetime with 

a survivor annuity for the spouse’s lifetime that is equal to the applicable percentage [as defined herein] of 

the survivor annuity percentage [as defined herein]; and (b) that is the Actuarial Equivalent of a single 

annuity for the Participant’s lifetime with sixty (60) monthly payments guaranteed. For purposes of this 

provision, the survivor annuity percentage is seventy-five percent (75%). 

 (ll) Restatement Date. January 1, 2014, the date as of which the restated Plan first applies to 

the Plan. Except as otherwise provided, the provisions of this restatement apply to any Participant who is 

credited with an Hour of Service upon or after the Restatement Date. 

 (mm) Retirement. Retirement refers to the complete termination of employment of a 

Participant, who has attained Normal Retirement Age, in work of the kind regularly performed by 

members of the Union. 

 (nn) Social Security Retirement Age. The age used as the retirement age under Section 216(1) 

of the Social Security Act, which is presently age 65 for a person born before 1938, age 66 for a person 

born between 1938 and 1954, and age 67 for a person born after 1954. 

 (oo) Spouse (Surviving Spouse). The person to whom the Participant is lawfully married (or 

to whom the Participant was lawfully married at the time of his death). Provided that a former spouse will 

be treated as the spouse or surviving spouse and a current spouse will not be treated as the spouse or 

surviving spouse to the extent provided under a qualified domestic relations order as described in Code 

Section 414(p). 

 (pp) Termination Date. The date that the earliest of the following events occurs: (a) a 

Participant’s retirement; (b) a Participant’s termination of employment as a result of Total and Permanent 

Disability; (c) a Participant’s death; or (d) a Participant’s termination of employment for any other reason. 

 (qq) Trust. The Agreement and Declaration of Trust dated December 26, 1961, as constituted 

and amended from time to time in accordance with the provisions of said Agreement and Declaration of 

Trust. 

 (rr) Trustee. The Trustees or Board of Trustees established under the Agreement and 

Declaration of Trust dated December 26, 1961, as constituted and amended from time to time in 

accordance with the provisions of said Agreement and Declaration of Trust. 

 (ss) Union. The Excavating, Building Material, Construction Drivers and Race Track 

Employees Local union No. 436, affiliated with the International Brotherhood of Teamsters, Chauffeurs, 

Warehousemen and Helpers of America. 

 (tt) Vested Deferred Retirement Benefit. Vested Deferred Retirement Benefit means the 

benefit described in Article 6, Section 6.3 of the Plan. 

 (uu) Welfare Fund. The Excavating, Building Material and Construction Drivers Union Local 

436 Welfare Fund. 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0101
- 13 - 

 (vv) Years of Credited Service. The sum of the Years of Credited Past Service and Years of 

Credited Future Service earned by a Participant, as described in Article 4. 

 (ww) Year of Eligibility Service. Years of Eligibility Service for service with the Employers 

prior to January 1, 1976 are computed in the same manner as Years of Credited Service for such period 

are computed. After December 31, 1975, a Participant will be credited with One Year of Service for each 

Plan Year that he has accumulated 870 or more Hours of Service. Any Participant who has less than 870 

Hours of Service in a Plan Year after 1975 for Covered Service, but who has been credited with a partial 

Year of Credited Service, will be credited with an equal fractional Year of Eligibility Service for such 

Plan Year. 

 For purposes of determining a Year of Eligibility Service, the initial eligibility computation 

period is the 12-consecutive month period beginning on the date that the Employee first performs an Hour 

of Service for the Employer (employment commencement date). 

 The succeeding 12-consecutive month periods commence with the first Plan Year that 

commences prior to the first anniversary of the Employee’s employment commencement date, regardless 

of whether the Employee is entitled to be credited with 870 Hours of Service during the initial eligibility 

computation period. An Employee who is credited with 870 Hours of Service in both the initial eligibility 

computation period and the first Plan Year that commences prior to the first anniversary of the 

Employee’s initial eligibility computation period will be credited with two (2) Years of Eligibility Service. 

 1.2 Construction. Except to the extent preempted by ERISA, the laws of the State of Ohio, as 

amended from time to time govern the construction and application of the Plan. Words used in the 

masculine gender also include the feminine, and words in the singular also include the plural, as 

appropriate. The words “hereof,” “herein,” “hereunder,” and other similar compounds of the word “here,” 

 refer to the entire Plan, not to a particular Section. Any mention of “Articles,” “sections” and 

subdivisions thereof, unless stated specifically to the contrary, refer to Articles, sections or subdivisions 

thereof in the Plan. All references to statutory sections include the Section so identified, as amended from 

time to time, or any other statute of similar import. If any provision of the Code or ERISA render any 

provision of this Plan unenforceable, such provision will be of no force only to the minimum extent 

required by such Section. 

Article 2 

Eligibility and Participation 

 2.1 Conditions. Every Employee automatically becomes a Participant of the Plan. 

 2.2 Employees Assent to Plan - Continuance of Participation in the Plan. Each Employee 

is deemed conclusively for all purposes to have assented to the terms of the Plan and is thereby be bound 

by the same force and effect as if he had executed it as a party thereto. Participation in the Plan is deemed 

to continue until the earlier of: (i) his Retirement; or (ii) he has a Break in Service that results in the loss 

of his Eligibility Service and Credited Service. 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0102
- 14 - 

 2.3 Eligibility Termination of Covered Service. Notwithstanding anything in this Plan to the 

contrary, Normal, Early and Disability Retirement Benefits are payable only to active Employees in 

Covered Service at their Retirement. An Employee will not be considered to be an active Employee in 

Covered Service unless pension contributions have been made on his behalf by an Employer for work in 

Covered Service for at least 650 hours over a period of three (3) consecutive calendar years immediately 

prior to retirement. An Employee who has terminated Covered Service and is eligible for a benefit 

pursuant to Article 6, Section 6.3 may, if and when eligible, apply for the Deferred Vested Benefit payable 

under the terms thereof. 

 2.4 Resumption of Participation. 

 (a) Vested Participant. 

 (i) If a Vested Participant terminates Employment and subsequently resumes 

Employment prior to his incurring a Break in Service, the rehired employee will immediately participate 

in the Plan without loss of any Years of Eligibility Service. 

 (ii) If a Vested Participant terminates Employment and subsequently resumes 

Employment after a One-Year Break in Service, the rehired employee will immediately participate in the 

Plan without loss of any Years of Eligibility Service. 

 (b) Non-vested Participants. 

 (i) If a non-vested Participant terminates Employment and resumes 

Employment before any period of consecutive One-Year Breaks in Service in which the number of 

consecutive One-Year Breaks in Service equals or exceeds the greater of: (i) five (5) years; or (ii) the 

number of Years of Eligibility Service he completed prior to the Break in Service (“Break-in-Service 

Period”), the rehired employee will immediately participate in the Plan without loss of any Years of 

Eligibility Service. 

 (ii) If a non-vested Participant terminates Employment and subsequently 

resumes Employment after incurring any period of consecutive One-Year Breaks in Service in which the 

number of consecutive One-Year Breaks in Service equals or exceeds the greater of: (i) five (5) years; or 

(ii) the number of Years of Eligibility Service he completed prior to the Break-in-Service Period”), the 

rehired Employee will be treated as a new Employee, and the Plan will not take into account the Years of 

Eligibility Service that he completed prior to the Break in Service Period. 

 (iii) For purposes of this subsection 2.4(b), the number of Years of Eligibility 

Service the Participant completed prior to his Break in Service Period will not include any Years of 

Eligibility Service disregarded pursuant to this subsection 2.4(b) by reason of prior Breaks in Service. 

 2.5 Covered Service Under Local 400 Plan. Notwithstanding any other Plan provision, any 

Employee who was a member of Local Union 436 prior to 1968, and who was engaged in Covered 

Service at such time, and who withdrew from Local 436 and became employed as a member of Teamsters 

Exhibit 7.06a 

Most recent plan document and plan amendments adopted since that restatement (Checklist Item #37)

IBT436-0103
- 15 - 

Local Union No. 400, under Covered Service under Local 400 Food Terminal Employees Pension Plan, 

and who, thereafter, returned as a member of Local Union 436 and was engaged in Covered Service for 

not less than five (5) years after such return to Local 436, will not be deemed to have suffered a Break in 

Service by reason of any period of time during which he was engaged in Covered Service under the Local 

400 Pension Plan, provided that no other Break in Service is applicable to such Employee. 

Article 3 

Contributions 

 3.1 Amount of Contributions. Each Employer must contribute to the Pension Fund such 

amounts as are required in accordance with its collective bargaining agreement with the Union, or as 

required by its Participation Agreement. 

 3.2 Irrevocability of Contributions. Any and all contributions made by the Employer are 

irrevocable and will be transferred to the Trustees and held as provided in this Plan and the Pension Fund 

to be used in accordance with the provisions of this Plan in providing the benefits and paying the expenses 

of the Plan. Neither such contributions, nor any income therefrom, will be used for or diverted to 

purposes other than the exclusive benefit of the Participants and their Beneficiaries and for the payment of 

administration expenses of the Plan. 

 3.3 Limitation of Liability for Benefits. The pension benefits of the Plan are only such as 

can be provided by the assets of the Pension Fund, and there will be no liability or obligation on the part 

of any Employer to make any further contributions to the Trustees in event of Termination of the Plan. 

No liability for the payment of any benefits under the plan will be imposed upon any Employer, the 

Union, or the Trustees. The foregoing statements are subject to any provision of ERISA to the contrary. 

3.4 Delinquent Employers. Effective January 1, 2001,if an Employer does not make 

contributions to the Fund as required by its collective bargaining agreement with the Union, and by the 

administrative procedures adopted by the Trustees, the Trustees may terminate the Employer’s status as an 

Employer in the Plan. 

 Contributions to the Pension Fund are due and payable to the Pension Fund before the 15th 

day following the month for which such contributions are made, and an Employer is considered 

delinquent if such contributions are not made by the end of said month, as of the 1st day of the following 

month. A delinquency constitutes a breach of the agreement of the contributing employer with respect to 

such contributions. An Employer who is deemed delinquent is responsible to pay to the Pension Fund, 

interest, penalties, and any and all reasonable costs of collection, including attorneys’ fees, court costs, 

and payroll compliance audits. Interest and penalties will be assessed and/or accrued as follows: 

(a) Once a contributing Employer is deemed to be delinquent, as set forth 

above, interest will accrue from the 1st business day following the original 

contribution due date; 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0104
- 16 - 

(b) Interest on delinquent contributions is charged at the rate of 1-1/2% per 

month, or 1-1/2 times Key Bank prime rate, as of the date of delinquency, 

whichever is higher, and will relate back to the original payment due date; 

(c) In addition to interest, a delinquent contributing Employer will be assessed 

a penalty on delinquent contributions in the amount of 2% of such contributions on 

the 1st day of the month following the month in which the account is deemed to be 

delinquent, and an additional 2% on the 1st day of each and every succeeding 

calendar month until such account is paid in full, provided, however, that the 

maximum penalty shall be 10%. 

 3.5 Termination or Modification of Obligation to Contribute. Effective January 1, 2001, 

the financing of benefits provided by the Plan is based on the continued contribution of Employers, as 

required by the collective bargaining agreement with the Union. If the Union and an Employer should 

enter into a collective bargaining agreement requiring contributions to the Fund, and then fail to renew 

such agreement, or enter into an agreement that does not require the continuation of contributions to the 

Fund, or requires a lesser rate of contributions, the Trustees have the authority to take such action as is 

necessary with respect to all of the Employees of all of the Employers in the Union’s jurisdiction, 

including, but not limited to the following, in order to maintain the Fund on a sound actuarial basis: 

 (a) The Trustees have the right to terminate the Employer’s status as Employers. 

 (b) The Trustees have the right to adjust or cancel the past Service Credit of any Employees or 

former Employees in order to maintain actuarially sound relationship between the contributions made on 

account of such Employees or former Employees and any benefits accrued by them. 

 3.6 Employer Bonding. The Trustees, in their sole and absolute discretion, may require an 

Employer to post or provide a payment bond (or other such security deemed acceptable by the Trustees) in 

the Fund’s name, as a condition of becoming or remaining a contributing Employer in the Fund. In the 

event that the Trustees require such a bond or other such security from an Employer, the Trustees will also 

have discretion to determine the amount of the bond or security required. Any bond or other form of 

security required hereunder 

Article 4 

Crediting Service 

 4.1 Accrual Computation Period. The Accrual Computation Period is the 12-consecutive 

month period in which a Participant’s period of service is calculated for purposes of benefit accrual. The 

Accrual Computation Period for the Plan is the Plan Year. This period will be applied equally to all 

Participants. 

 4.2 Crediting of Past Service. A Participant will be credited with Year(s) of Credited Past 

Services as follows: 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0105
- 17 - 

 (a) Service Prior to the Effective Date of the Plan. With respect to periods prior to 

the Effective Date of the Plan, it is to be conclusively presumed that an Employee was engaged in 

creditable service throughout the period of his continuous active membership in good standing in the 

Union or with Local 964 during the period immediately prior to the Effective Date of the Plan, and an 

Employee will, therefore, receive Credited Service to the nearest 1/10 year during the last continuous 

period immediately prior to the Effective Date of the Plan on which he was an active member of the 

Union. In addition, an employee who belonged to Local 509, 422, 407, or 197 immediately prior to his 

being transferred to the Union, will receive Credited Service to the nearest 1/10 year for each year or 

portion thereof during which such Employee was a member of one of said local unions immediately prior 

to his transfer to the Union, provided that such an Employee was involuntarily transferred to the Union as 

the result of a jurisdictional order of the International Brotherhood of Teamsters Union, and provided 

further that only continuous active membership in good standing with one said local prior to such transfer 

shall be counted in determining Credited Service. 

 (b) Service Prior to the Employer’s Commencement of Participation in the Plan. 

For Employees of Employers who have executed collective bargaining agreements that require the 

Employer to commence contributions to the Pension Fund effective at a date subsequent to the Effective 

Date of the Plan, such Employees will receive Credited Service, to the nearest 1/10 year, in the same 

manner as provided in Section 1(a) of this Article in the case of service prior to the Effective Date of the 

Plan, provided that in no event will this subsection (b) operate to credit any Employee with Credited 

Service for any period of employment subsequent to the execution of the collective bargaining agreement 

that initially required his Employer to make contributions to the Pension Fund. This paragraph will be 

operative if the Trustees determine, based on advice from the actuary, that granting such Credited Service 

will not adversely affect the actuarial soundness of the Pension Fund. 

 4.3 Crediting of Future Service. A Participant will be credited with Year(s) of Credited 

Future Service as follows: 

 (a) Service After December 31, 2006. For Hours of Service for Covered Service 

earned after December 31, 2006, each employee will receive one (1) Year of Credit Service, or part 

thereof, in accordance with the following: 

Hours of Covered Service Credited Service(Years) 

2,080 hours or more 1.0 year 

2,080 but not less than 1,000 Divide hours by 2,080 and round to 

 the nearest hundredth 

999 or less 0 

An Employee who retires during this time period will receive Credited Service for the calendar year in 

which he retires equal to Hours of Service for Covered Service divided by 2,080 rounded to the nearest 

hundredth up to a maximum of one (1) Year of Credited Service. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0106
- 18 - 

 (b) Service After December 31, 1991 and Prior to January 1, 2007. For Hours of 

Service for Covered Service earned after December 31, 1991, and prior to January 1, 2007, each 

Employee will receive one (1) Year of Credited Service, or part thereof, in accordance with the following: 

Hours of Credited Service Year 

1,300 hours or more 1.0 year 

1,170 to 1,299 .9 year 

1,040 to 1,169 .8 year 

910 to 1,039 .7 year 

780 to 909 .6 year 

650 to 779 .5 year 

An Employee who retires during this time period will receive Credited Service for the calendar year in 

which he retires equal to 1/10 of a Year of Credited Service for each full 130 Hours of Service for 

Covered Service in such year prior to his Retirement to a maximum of one (1) Year of Credited Service. 

 (c) Years Before January 1, 1992. For Hours of Service for Covered Service earned 

prior to January 1, 1992, each Employee will receive one (1) Year of Credited Service, or part thereof, in 

accordance with the following: 

Hours of Credited Service Year 

1,500 hours or more 1.0 year 

1,350 to 1,499 .9 year 

1,200 to 1,349 .8 year 

1,050 to 1,199 .7 year 

900 to 1,049 .6 year 

750 to 899 .5 year 

 (d) Employees covered by the Plan whose Covered Service is such that it is not 

practical and equitable to determine Future Credited Service based on the number of Credited Hours of 

Service for Covered Service will receive one Year of Credited Service for each calendar year in which 

Employer contributions are made to the Pension Fund by payment of a lump sum amount on behalf of 

such Employees in accordance with an effective, duly executed collective bargaining agreement as 

follows: 

For each calendar year, divide the Employer’s annual contribution for each 

Employee by the current hourly rate of contribution of Employer 

contributions to the Plan during that year pro-rating as appropriate for 

changes in contribution rates. 

(i) For Plan years beginning before January 1, 1992: 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0107
- 19 - 

If, as a result of such calculation, the number of hours is 1500 or more, the 

Employee will be credited with one (1) Year of Credited Service. Any 

Employee who, as the result of such calculation, has less than 1500 hours, 

but more than 750 hours in Covered Service during such calendar year, 

will receive credit for service on the basis of 1/10 of a Year of Credited 

Service for each full 150 hours. 

(ii) For Plan years beginning after December 31, 1991, and before 

January 1, 2007: 

If, as a result of such calculation, the number of hours is 1300 or more, the 

Employee will be credited with one (1) Year of Credited Service. Any 

Employee who, as the result of such calculation, has less than 1300 hours, 

but more than 650 hours in Covered Service during such calendar year, 

will receive credit for service on the basis of 1/10 of a Year of Credited 

Service for each full 130 hours. 

(iii) For Plan years beginning after December 31, 2006: 

If, as a result of such calculation, the number of hours is 2080 or more, the 

Employee will be credited with one (1) Year of Credited Service. Any 

Employee who, as the result of such calculation, has less than 2080 hours, 

but more than 1000 hours in Covered Service during such calendar year, 

will receive credit for service by dividing his hours of service by 2080 and 

rounding to the nearest one-hundredth. 

 (e) An Employee who commences or recommences participation in the Plan Year, who 

would not otherwise earn Credited Service for said Plan Year but who does have Hours of Service for 

Non-Covered Service may earn Credited Service as follows: 

(i) For Plan years beginning before January 1, 2007: 

 

An Employee who has less than 650 Hours of Service for Covered Service, but more than 870 

Hours of Service for Non-Covered Service (including Hours in contiguous Non-covered 

Service) during said Plan Year, will receive a partial Year of Credited Service (to the nearest 

1/10 year) equal to the ratio of the number of the Employee’s actual Hours of Credited Service 

for Covered Service to 1,300. 

(ii) For Plan years beginning after December 31, 2006: 

 

An Employee who has less than 1000 Hours of Service for Covered Service, but more than 

1,300 Hours of Service for Non-Covered Service (including Hours in contiguous Non-covered 

Service) during said Plan Year, will receive a partial Year of Credited Service (to the nearest 

1/100 year) equal to the ratio of the number of the Employee’s actual Hours of Credited 

Service for Covered Service to 2080. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0108
- 20 - 

 4.4 Employment Not Included in Calculating Years of Credited Service. Any period that 

is not included in determining an Employee’s Years of Eligibility Service in accordance with the 

provisions of Section 2.4(b) will not be included in determining an Employee’s Years of Credited Service. 

Article 5 

Vesting 

 5.1 Vesting on Retirement. If a Participant’s employment is terminated upon a Participant 

attaining Normal Retirement Age, the Participant will have a non-forfeitable right to one hundred percent 

(100%) of his Accrued Benefit. 

 5.2 Vesting on Termination. 

 (a) If a Participant’s employment is terminated prior to attaining Normal Retirement 

Age, and he is: (i) a non-bargaining unit employee; or (ii) has one (1) Hour of Service on or after January 

1, 1999, the Participant will have a non-forfeitable right to one hundred percent (100%) of his Accrued 

Benefit upon completing five (5) Years of Eligibility Service. 

 (b) If a Participant’s employment is terminated prior to attaining Normal Retirement 

Age, and he does not have one (1) Hour of Service on or after January 1, 1999, the Participant will have a 

non-forfeitable right to one hundred percent (100%) of his Accrued Benefit upon completing ten (10) 

Years of Eligibility Service. 

 5.3 Vesting Computation Period. The Vesting Computation Period is the 12-consecutive 

month period in which a Participant’s period of service is calculated for vesting purposes. The Vesting 

Computation Period is the Plan Year. This period will be applied equally to all Participants. 

Article 6 

Eligibility for Benefits and Time of Payment 

 6.1 Normal Retirement Benefit. A Participant whose Employment terminates for any reason 

upon attaining his Normal Retirement Age or thereafter, will upon application therefor on form(s) 

prescribed by the Trustees, be eligible to receive a normal retirement benefit in an amount calculated 

pursuant to Article 7. Normal Retirement Benefit payments will commence as of the Participant’s Normal 

Retirement Date or upon his retirement, as designated by the Participant in a written application for 

benefits filed with the Administrator and will be paid thereafter in accordance with the Participant’s 

elected method of payment. 

 6.2 Early Retirement Benefit. A Participant whose Employment terminates for any reason on 

or after attaining his Early Retirement Age, but prior to his Normal Retirement Age, will upon application 

therefor on form(s) prescribed by the Trustees, be entitled to receive an early retirement benefit. The 

amount of a Participant’s early retirement benefit will be calculated pursuant to Article 7. Early 

retirement benefit payments will commence as of the Participant’s Early Retirement Date, as designated 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0109
- 21 - 

by the Participant in a written application for benefits filed with the Administrator and will be paid 

thereafter in accordance with the Participant’s elected method of payment. 

 6.3 Vested Deferred Retirement Benefit. A Participant whose Employment terminates for 

any reason on or after the date that the Participant is vested in accordance with Article 5, but prior to his 

Early or Normal Retirement Age or death, will upon application therefor on form(s) prescribed by the 

Trustees, be entitled to a Vested Deferred Retirement Benefit. The amount of a Participant’s Vested 

Deferred Retirement Benefit will be calculated pursuant to Article 7. Payment of a Vested Deferred 

Retirement Benefit will commence as designated by the Participant in a written application form filed 

with the Administrator and will be paid thereafter in accordance with the Participant’s elected method of 

payment in accordance with whichever of the following is applicable: 

 (a) In the case of a Participant with at least fifteen (15) Years of Credited Service at 

Retirement, as of the first (1st) day of the month following the later of: (i) his attainment of age 57; or (ii) 

proper application therefor. 

 (b) In the case of a Participant with less than fifteen (15) Years of Credited Service at 

Retirement, as of the first (1st) day of the month following his Normal Retirement Date. 

 6.4 Disability Retirement Benefit. A Participant who completes fifteen (15) Years of 

Credited Service whose Retirement occurs on account of his incurring a Permanent and Total Disability 

while employed by an Employer will, upon application therefor on forms prescribed by the Trustees, be 

eligible for a Disability Retirement Benefit. A Participant will be considered to have incurred a 

Permanent and Total Disability only if the Administrator determines, in its own discretion, that the 

Employee incurred some permanent physical or mental impairment, disease, loss, or combination thereof 

(“condition”), which: (a) substantially has precluded him from performing his normal job functions for a 

period of six (6) months; (b) is not likely to improve or will continue throughout his lifetime; and (c) is 

demonstrated by competent medical evidence. Only Participants who incur a Permanent and Total 

Disability while they are an Employee are eligible for a Disability Retirement Benefit. Participants who 

have had their Employment terminated, for whatever reason, are not eligible for a Disability Retirement 

Benefit. Permanent and Total Disability benefit payments will terminate if, in the discretion of the 

Administrator, the Participant recovers from his Permanent and Total Disability prior to the earlier of: (i) 

his death; or (ii) his attainment of age 62. The following conditions will presumably be a Permanent and 

Total Disability: (i) the entire and irrevocable loss of sight in both eyes; or (ii) the severance of both 

hands above the wrist; or (iii) the severance of both feet above the ankle; or (iv) the severance of one hand 

above the wrist and one foot above the ankle. Permanent and Total Disability does not include disabilities 

incurred by Participants who are no longer employed by an Employer, arising from participation in a 

felonious criminal act, habitual drunkenness, addiction to narcotics, an intentional self-inflicted injury, or 

resulting from military service for which a government disability pension is payable. 

 The Administrator may from time to time request competent medical evidence of the 

Participant’s continued Permanent and Total Disability. Failure to produce competent medical evidence 

may result in the termination of Permanent and Total Disability benefit payments. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0110
- 22 - 

Article 7 

Calculation of Pension Benefit 

 7.1 Determination of Benefit. A Participant’s retirement benefit is based upon his Years of 

Credited Service under the Regular Plan, the Lower Level Plan, the 1992 Plan, the 1995 Plan, the 1997 

Plan, the 1998 Plan, the 2000 Plan, or the 2001 Plans. The determination of the benefit program under 

which the Participant accrues a benefit is based upon his Employer’s contribution level and the benefit 

Plan for which such contributions are accepted. Current Employer contribution rates are established by 

the Trustees as set forth in the applicable collective bargaining agreement between the Participant’s 

Employer and the Union and subject to the applicable Rehabilitation Plan adopted pursuant to the Pension 

Protection Act, as updated from time to time by the Trustees. 

 7.2 Benefits Under the Regular Plan. Employees of Employers who contribute at the rate of 

Thirty Dollars ($30.00) or more per week, but less than Forty Dollars ($40.00) per week, accrue benefits 

under the Regular Plan. The benefits provided under the Regular Plan are: 

 (a) Amount of Normal Retirement Benefit. A Participant’s monthly Normal 

Retirement Benefit commencing on his Normal Retirement Date shall be his Basic Benefit plus his 

Supplement. 

 (i) Basic Benefit: The Basic Benefit is a monthly retirement income in the 

amount of Sixteen Dollars and Fifty Cents ($16.50) per month for each year of Credited Service at 

Retirement (to a maximum of 30 years of Credited Service computed to the nearest 1/10 year), plus an 

additional monthly benefit of One Dollar ($1.00) per month for each Year of Credited Service in excess of 

thirty (30) Years of Credited Service; and 

 

 (ii) Supplement: The Supplement is a special monthly retirement income of 

Two Hundred Fifty Dollars ($250). 

 (b) Amount of Early Retirement Benefit. The monthly amount of a Participant’s 

Early Retirement Benefit shall be the Basic Benefit actuarially reduced, if benefit payments begin prior to 

age 62, in accordance with tables adopted by the Trustees based on his attained age at the date payments 

begin, plus the Supplement without reduction. 

 (c) Amount of Vested Deferred Retirement Benefit. The monthly amount of a 

Participant’s vested deferred retirement benefit is the sum of: (1) the Basic Benefit as determined in 

accordance with Section 7.2(a)(i), plus (2) a special monthly supplement of $3.00 for each Year of 

Credited Service to a maximum of 33 1/3 Years of Credited Service. This benefit will be actuarially 

reduced, if benefit payments begin prior to age 62, in accordance with tables adopted by the Trustees 

based on his attained age at the date payments begin. 

 (d) Disability Retirement Benefit. The Disability Retirement Benefit consists of a 

monthly retirement income in the amount of his Normal Retirement Benefit at Retirement (to a maximum 

of 30 years of Credited Service, computed to the nearest 1/10 year). Notwithstanding the foregoing, 

Permanent and Total Disability Benefit payments will cease if the Participant recovers from his Permanent 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0111
- 23 - 

and Total Disability prior to the earlier of: (i) his death; or (ii) his attainment of age 62. A disabled 

Participant still entitled to a Disability Retirement Benefit at age 62 will then also be entitled to a special 

monthly supplement equal to the sum of (i) $3.00 per month for each year of Credited Service at his 

Retirement (to a maximum of 33 1/3 years of Credited Service); and (ii) $150.00. With the approval of 

the Trustees, a disabled Employee may elect to commence receipt of this special monthly supplement as 

of his Disability Retirement Date (instead of waiting until age 62), but such payments will be actuarially 

reduced in accordance with tables adopted by the Trustees for payment prior to age 62, based on his 

attained age at the date payments begin. 

 7.3 Benefits Under the Lower Level Plan. Employees of Employers who contribute at the 

rate of less than $30 per week accrue benefits under the Lower Level Plan. The benefits provided under 

the Lower Level Plan are: 

 (a) Amount of Normal Retirement Benefit. A Participant’s monthly normal 

retirement benefit commencing on his Normal Retirement Date is a monthly retirement income in the 

amount of $5.50 per month for each year of Credited Service at Retirement (to a maximum of 30 years of 

Credited Service computed to the nearest 1/10 year). 

 (b) Amount of Early Retirement Benefit. The monthly amount of a Participant’s 

early retirement benefit is the Normal Retirement Benefit actuarially reduced, if benefit payments begin 

prior to age 62, in accordance with tables adopted by the Trustees based on his attained age at the date 

payments begin. 

 (c) Amount of Vested Deferred Retirement Benefit. The monthly amount of a 

Participant’s vested deferred retirement benefit is the Normal Retirement Benefit actuarially reduced, if 

benefit payments begin prior to age 62, in accordance with tables adopted by the Trustees based on his 

attained age at the date payments begin. 

 (d) Disability Retirement Benefit. The Disability Retirement Benefit consists of a 

monthly retirement income in the amount of his Normal Retirement Benefit at Retirement (to a maximum 

of 30 years of Credited Service, computed to the nearest 1/10 year). Notwithstanding the foregoing, 

Permanent and Total Disability Benefit payments will cease if, in the discretion of the Administrator, the 

Participant recovers from his Permanent and Total Disability prior to the earlier of: (i) his death; or (ii) his 

attainment of age 62. 

 7.4 Benefits Under the 1992 Plan. Effective after December 31, 1991, Employees of 

Employers contributing at the rate of Forty Dollars ($40.00) or more per week accrue benefits under the 

1992 Plan. The benefits provided under the 1992 Plan are: 

 (a) Amount of Normal Retirement Benefit. A Participant’s monthly normal 

retirement benefit commencing on his Normal Retirement Date is a monthly retirement income in the 

amount determined under the schedule below, (to a maximum of 32 years of Credited Service computed 

to the nearest 1/10 year). 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0112
- 24 - 

Monthly Benefit For Each Year of Credited Service 

$27.00 less than 10 Years 

$31.00 between 10 and 20 Years 

$35.00 between 20 and 30 Years 

$36.00 between 30 and 32, including the 32nd Year 

 (b) Amount of Early Retirement Benefit. The monthly amount of a Participant’s 

Early Retirement Benefit is the Normal Retirement Benefit actuarially reduced, if benefit payments begin 

prior to age 62, in accordance with tables adopted by the Trustees based on his attained age at the date 

payments begin. 

 (c) Amount of Vested Deferred Retirement Benefit. The monthly amount of a 

Participant’s Vested Deferred Retirement Benefit is the Normal Retirement Benefit actuarially reduced, if 

benefit payments begin prior to age 62, in accordance with tables adopted by the Trustees based on his 

attained age at the date payments begin. 

 (d) Disability Retirement Benefit. The Disability Retirement Benefit consists of a 

monthly retirement income in the amount of his Normal Retirement Benefit at Retirement (to a maximum 

of 32 years of Credited Service, computed to the nearest 1/10 year). Notwithstanding the foregoing, 

Permanent and Total Disability Benefit payments will cease if, in the discretion of the Administrator, the 

Participant recovers from his Permanent and Total Disability prior to the earlier of: (i) his death; or (ii) his 

attainment of age 62. 

 (e) In no event will the benefit be less than the benefit accrued as of December 31, 

1991 under the Regular Plan plus the benefit earned after December 31, 1991 under the 1992 Plan. 

 7.5 1995 Plan. Effective after December 31, 1994, Employees of Employers contributing at 

the rate of One Dollar and Fifty Cents ($1.50) per hour, or Sixty Dollars ($60.00) per week by December 

31, 1995 will accrue benefits in the 1995 Plan. A Participant’s monthly Normal Retirement Benefit 

commencing on his Normal Retirement Date shall be a monthly retirement income in the amount 

described under the schedule below to a maximum of thirty-two (32) years of Credited Service computed 

to the nearest one-tenth (1/10th) year: 

For each Year of Credited Service Monthly Benefit 

Less than 10 Years $35.10 

Between 10-20 Years $40.30 

Between 20-30 Years $45.50 

Between 30-32 Years $46.50 

 7.6 1997 Plan. Effective after December 31, 1996, Employees of Employers contributing at 

the rate of One Dollar and Ninety-Five Cents ($1.95) per hour, or Seventy-Eight Dollars ($78.00) per 

week by December 31, 1997 will accrue benefits in the 1997 Plan. A Participant’s monthly Normal 

Retirement Benefit commencing on his Normal Retirement Date shall be a monthly retirement income in 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0113
- 25 - 

the amount described under the schedule below to a maximum of thirty-two (32) years of Credited Service 

computed to the nearest one-tenth (1/10th) year: 

For each Year of Credited Service Monthly Benefit 

Less than 10 Years $41.10 

Between 10-20 Years $47.20 

Between 20-30 Years $53.30 

Between 30-32 Years $54.50 

 7.7 1998 Plan. Effective after December 31, 1997, Employees of Employers contributing at 

the rate of Two Dollars and Twenty Cents ($2.20) per hour, or Eighty-Eight Dollars ($88.00) per week by 

December 31, 1998 will accrue benefits in the 1998 Plan. A Participant’s monthly Normal Retirement 

Benefit commencing on his Normal Retirement Date is a monthly retirement income in the amount 

described under the schedule below to a maximum of thirty-two (32) years of Credited Service computed 

to the nearest one-tenth (1/10th) year: 

For each Year of Credited Service Monthly Benefit 

Less than 10 Years $47.20 

Between 10-20 Years $54.20 

Between 20-30 Years $61.10 

Between 30-32 Years $62.50 

Participants who have suffered a Break In Service prior to January 1, 1998 will not be eligible for the 

1998 Plan described above unless they have received Credited Service in three of the five years 

immediately preceding January 1, 1998. 

 7.8 2000 Plan. Effective after December 31, 1999, Employees of Employers contributing at 

the rate of Two Dollars and Seventy Cents ($2.70) per hour, or One Hundred Eight Dollars ($108.00) per 

week by December 31, 2000 will accrue benefits in the 2000 Plan. A Participant’s monthly Normal 

Retirement Benefit commencing on his Normal Retirement Date is a monthly retirement income in the 

amount described under the schedule below to a maximum of thirty-two (32) years of Credited Service 

computed to the nearest one-tenth (1/10th) year: 

For each Year of Credited Service Monthly Benefit 

Less than 10 Years $56.70 

Between 10-20 Years $65.00 

Between 20-30 Years $73.30 

Between 30-32 Years $75.00 

Participants who have suffered a Break in Service prior to January 1, 2000 will not be eligible for the 

2000 Plan described above unless they have received Credited Service in three of the five years 

immediately preceding January 1, 2000. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0114
- 26 - 

 7.9 2001 Plan. 

 (a) 2001 ($2,300) Plan. Effective after January 1, 2001, Employees of Employers 

contributing at the rate of Two Dollars and Ninety-Five Cents ($2.95) per hour or One Hundred Eighteen 

Dollars ($118.00) per week by December 31, 2002 will accrue benefits under the 2001 ($2,300) Plan. A 

Participant’s monthly Normal Retirement Benefit commencing on his Normal Retirement Date is a 

monthly retirement income in the amount described under the schedule below to a maximum of 32 Years 

of Credited Service computed to the nearest 1/10th year: 

For each Year of Credited Service Monthly Benefit 

Less than 10 years $62.10 

Between 10 and 20 years $71.20 

Between 20 and 30 years $80.30 

Between 30 and 32 years, including 32nd year $82.00 

 (b) 2001 ($2,500) Plan. Effective after January 1, 2001, Employees of Employers 

contributing at the rate of Three Dollars and Twenty Cents ($3.20) per hour or One Hundred TwentyEight Dollars ($128.00) per week by December 31, 2002 will accrue benefits under the 2001 ($2,500) 

Plan. A Participant’s monthly Normal Retirement Benefit commencing on his Normal Retirement Date is 

a monthly retirement income in the amount described under the schedule below to a maximum of 32 years 

of Credited Service computed to the nearest 1/10th year: 

For each Year of Credited Service Monthly Benefit 

Less than 10 years $67.20 

Between 10 and 20 years $77.50 

Between 20 and 30 years $87.50 

Between 30 and 32 years, including 32nd year $89.00 

 (c) 2001 ($2,700) Plan. Effective after January 1, 2001, Employees of Employers 

contributing at the rate of Three Dollars and Forty-Five Cents ($3.45) per hour or One Hundred ThirtyEight Dollars ($138.00) per week by December 31, 2002 will accrue benefits under the 2001 ($2,700) 

Plan. A Participant’s monthly Normal Retirement Benefit commencing on his Normal Retirement Date is 

a monthly retirement income in the amount described under the schedule below to a maximum of 32 years 

of Credited Service computed to the nearest 1/10th year: 

For each Year of Credited Service Monthly Benefit 

Less than 10 years $72.60 

Between 10 and 20 years $83.70 

Between 20 and 30 years $94.50 

Between 30 and 32 years, including 32nd year $96.00 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0115
- 27 - 

 (d) Eligibility for 2001 Plans. Participants who have suffered a Break in Service prior 

to January 1, 2001 will not be eligible for the 2001 Plans described above unless they have received 

Credited Service in three of the five years immediately preceding January 1, 2001. 

 (e) Retiree Eligibility. A Participant who retires on or after January 1, 2001, who has 

at least forty (40) hours of Credited Service on or after January 1, 2001, but whose Employer has not 

contributed at or above the rates described herein before the Participant’s retirement date, will be eligible 

to receive a pension benefit calculated under the above schedules when his last Employer becomes 

obligated to contribute at those rates by December 31, 2002, provided, however, that such retiree will be 

entitled only to the 2001 Plan that his last Employer reaches first. 

 (g) Eligibility for Disability Retirees. A Participant who otherwise would qualify for 

one of the 2001 Plans, but who becomes Permanently and Totally Disabled in 2000, and whose 

application for a disability pension benefit has been approved with an effective date of January 1, 2001 or 

later, will be eligible to receive a pension benefit calculated under the applicable 2001 Plan according to 

one of the above schedules when his last Employer becomes obligated to contribute at those rates by 

December 31, 2002, provided, however, that such retiree will be entitled only to the 2001 Plan that his last 

Employer reaches first. 

 (h) Amounts of Early, Deferred Vested and Disability Retirement Benefits. A 

Participant’s early, vested deferred and disability benefit amounts will be calculated under the same term 

and conditions as contained in Section 7.4(b)-(d) of the January 1, 2001 Restated Pension Plan Document. 

 7.10 2014 Plan.

 (a) 2014 ($318) Plan. Effective after January 1, 2014, Employees of Employers 

contributing at the rate of Two Dollars and Twenty-Eight Cents ($2.28) per hour will accrue benefits 

under the 2014 ($318) Plan. A Participant’s monthly Normal Retirement Benefit commencing on his 

Normal Retirement Date is a monthly retirement income described under the schedule below to a 

maximum of 32 Years of Credited Service computed to the nearest 1/100th year: 

For each Year of Credited Service Monthly Benefit 

Less than 10 years $8.55 

Between 10 and 20 years $9.86 

Between 20 and 30 years $11.13 

Between 30 and 32 years, including 32nd year $11.31 

 (b) Eligibility for 2014 Plan. Only Participants who have not accrued credited service 

as of the time of their initial participation in the 2014 Plan may participate in the 2014 Plan. 

 7.11 Partial Pensions - Purpose. Partial Pensions are provided under this Plan for Employees 

who would otherwise lack sufficient Credited Service to be eligible for any Retirement Benefit because 

their years of employment were divided between different pension plans, or, if otherwise eligible, whose 

Retirement Benefits would be less than the full amount because of such division of employment. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0116
- 28 - 

 (a) Related Plans. By resolution duly adopted, the Trustees may recognize one or 

more other pension plans that have executed a Reciprocal Agreement to which this Plan is a party, as a 

Related Plan. 

 (b) Related Service Credits. Service credits accumulated and maintained by an 

Employee under a Related Plan will be recognized under this Plan as Related Service Credits. The 

Trustees will compute Related Service Credits on the basis that credit has been earned and credited under 

the Related Plan and certified by the Related Plan to this Plan. 

 (c) Combined Service Credits. The total of an Employee’s Credited Service under 

this Plan and Related Service Credit together comprise the Employee’s Combined Service Credit. Not 

more than one (1) year of Combined Service Credit will be counted with respect to any calendar year. 

 (d) Eligibility. An employee is eligible for a Partial Pension under this Plan if he 

satisfies all of the following requirements: 

 (i) He would be eligible for any type of Retirement Benefit under this Plan 

(other than a Partial Pension under this Article) if his Combined Service Credits were treated as Credited 

Service under this Plan; and 

 (ii) In addition to any other requirements necessary to be eligible under 

subsection (d)(i), he has, under this Plan, at least two (2) years of Credited Service based on actual 

employment in Covered Service after his effective date of coverage; and 

 (iii) He is found to be: (i) eligible for a partial pension from a Related Plan; and 

(ii) eligible for a partial pension from the Terminal Plan. The Terminal Plan is deemed to be the Plan at 

the time of, or immediately prior to, his retirement. If, at that time, the Employee was not represented by 

any one such local union, then the Terminal Plan is the one to which the bulk of contributions were paid 

on behalf of the Employee in the thirty-six (36) consecutive calendar months immediately preceding his 

retirement; and 

 (iv) A pension is not payable to him from a Related Plan independently of its 

provisions for a partial pension. However, an Employee who is entitled to a pension other than either a 

Partial Pension from this Plan or a partial pension form a Related plan, may elect to waive the other 

pension and qualify for the Partial Pension Under this Plan. 

 (e) Breaks in Service. In applying the break in service rules, any period in which an 

Employee has earned Related Service Credits will not be counted in determining whether there has been a 

period of no Covered or Non-covered Service sufficient to constitute a break in service. 

 (f) No Duplication of Benefits. If an Employee is eligible for a Partial Pension under 

this Article 7 and a Retirement Benefit under Article IV, he will elect whether he will receive such Partial 

Pension or such Retirement Benefit after being furnished by the Trustees with a clear explanation of the 

benefits provided by each. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0117
- 29 - 

 (g) Partial Pension Amount. The amount of the Partial Pension will be determined as 

follows: 

 (i) The amount of the Retirement Benefit to which the Employee would be 

entitled under this Plan taking into account his Combined Service Credit will be determined, then 

 (ii) The amount of Credited Service earned with this Plan since May 1, 1961, 

will be divided by the total amount of Combined Service Credit earned by the Employee since January 1, 

1955, then 

 (iii) The fraction so determined in this subsection (g)(ii) will be multiplied by 

the pension amount determined in this subsection (g)(i), and the results will be the Partial Pension amount 

payable by this Plan. 

 (h) Payment of Partial Pensions. The payment of a Partial Pension is subject to all of 

the conditions contained in this Plan applicable to Retirement Benefits, including, but not limited to, the 

Employee’s Retirement as herein defined and proper applications. 

Article 8 

Method And Payment of Benefits 

 8.1 Form of Benefits. The provisions of this Section 8.1 shall apply to any Participant who is 

credited with at least one (1) Hour of Service with an Employer on or after August 23, 1984, and such 

other Participants as provided in Subsection 8.1(c. 

 (a) Qualified Joint and Survivor Annuity. 

 (i) Unless an Optional Form of Benefit is selected pursuant to a Qualified Election within 

the ninety (90) day period ending on the Annuity Starting Date (180 day period, effective January 1, 

2007), the vested Accrued Benefit of a Participant who is lawfully married for at least one (1) year will be 

paid in the form of an automatic Qualified Joint and Survivor Annuity (as defined in Section 1.1(jj)). 

 (ii) Effective January 1, 2008, the Participant may elect a “Qualified Optional Survivor 

Annuity” that will provide an annuity to the Participant’s spouse that is seventy-five percent (75%) of the 

amount of the annuity that is payable during the life of the Participant. 

 (b) Monthly Life Annuity. Unless an Optional Form is selected pursuant to 

Subsection 8.1(d, an unmarried Participant’s vested Accrued Benefit will be paid in the normal form of an 

immediate life annuity, with sixty (60) months guaranteed. The Participant may elect to have such 

annuity distributed upon attainment of the earliest retirement age under the Plan. For purposes of this 

Section 8.1, earliest retirement age means the earliest date on which, under the Plan, the Participant could 

elect to receive retirement benefits. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0118
- 30 - 

 (c) Qualified Pre-Retirement Survivor Annuity. 

 (i) If a Participant dies after the earliest retirement age, the Participant’s 

Surviving Spouse, if any, will receive the same benefit that would be payable if the Participant had retired 

with an immediate Qualified Joint and Survivor Annuity on the date before the Participant’s date of death. 

 The Surviving Spouse may elect to commence payment under such annuity within a 

reasonable period after the Participant’s death. The actuarial value of benefits that commence later than 

the date that payments would have been made to the Surviving Spouse under a Qualified Joint and 

Survivor Annuity in accordance with this provision will be adjusted to reflect the delayed payment. 

 (ii) If a Participant dies on or before the earliest retirement age, the Participant’s 

Surviving Spouse, if any, will receive the same benefit that would be payable if the Participant had: 

 (I) separated from service on the date of death (or the date of separation 

from service, if earlier); 

 (II) survived to the earliest retirement age; 

 (III) retired with an immediate Qualified Joint and Survivor Annuity at 

the earliest retirement age; and 

 (IV) died on the day after the earliest retirement age. 

 (iii) For purposes of Paragraph (c)(ii), and subject to the provisions of Articles 6 

and 7 of the Plan, a Surviving Spouse will begin, with the spouse’s consent, to receive payments at the 

earliest retirement age. Benefits commencing after the earliest retirement age will be the Actuarial 

Equivalent of the benefit that the surviving spouse would have been entitled if benefits had commenced at 

the earliest retirement age under an immediate Qualified Joint and Survivor Annuity in accordance with 

Paragraph (c)(ii). 

 (iv) Spouse (Surviving Spouse). The spouse or surviving spouse of the 

Participant, provided that a former spouse will be treated as the spouse or surviving spouse and a current 

spouse will not be treated as the spouse or surviving spouse to the extent provided under a qualified 

domestic relations order as described in Code Section 414(p). 

 (d) Notice Requirements. 

 (i) In the case of a Qualified Joint and Survivor Annuity and for periods after 

January 1, 2008, a Qualified Optional Survivor Annuity, the Plan Administrator will, no less than thirty 

(30) days and no more than ninety (90) days (180 days effective as of January 1, 2007) prior to the 

Annuity Starting Date, provide each Participant with a written explanation of: (1) the terms and conditions 

of a Qualified Joint and Survivor Annuity and for periods after January 1, 2008, the terms and conditions 

of a Qualified Optional Survivor Annuity; (2) the Participant’s right to make and the effect of an election 

to waive the Qualified Joint and Survivor Annuity and to elect the Qualified Optional Survivor Annuity 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0119
- 31 - 

benefit forms; (3) the rights of a Participant’s spouse; (4) the right to make, and the effect of, a revocation 

of a previous election to waive the Qualified Joint and Survivor Annuity or the Qualified Optional 

Survivor Annuity; and (5) the relative values of the various optional forms of benefit under the Plan. 

 The Annuity Starting Date for a distribution in a form other than a Qualified Joint 

and Survivor Annuity may be less than thirty (30) days after receipt of the written explanation described 

in the preceding paragraph provided: (a) the Participant has been provided with information that clearly 

indicates that the Participant had at least thirty (30) days to consider whether to waive the Qualified Joint 

and Survivor Annuity and elect (with spousal consent except for the QJSA) a form of distribution other 

than a Qualified Joint and Survivor Annuity; (b) the Participant is permitted to revoke any affirmative 

distribution election at least until the Annuity Starting Date or, if later, at any time prior to the expiration 

of the seven (7) day period that begins the date after the explanation of the Qualified Joint and Survivor 

Annuity is provided to the Participant; and (c) the Annuity Starting Date is a date after the date that the 

written explanation was provided to the Participant. 

 (ii) In the case of a Qualified Pre-Retirement Survivor Annuity as described in 

Subsection 8.1(b), the Plan Administrator will provide each Participant, within the applicable period for 

such Participant, a written explanation of the Qualified Pre-Retirement Survivor Annuity in such terms 

and in such manner as would be comparable to the explanation provided for meeting the requirements of 

Paragraph (c)(i) applicable to a Qualified Joint and Survivor Annuity. 

 The applicable period for a Participant is whichever of the following periods ends 

last: (1) the period beginning with the first date of the Plan Year in which the Participant attains age 32 

and ending with the close of the Plan Year preceding the Plan Year in which the Participant attains age 35; 

(2) a reasonable period ending after the individual becomes a Participant; (3) a reasonable period ending 

after Paragraph (d)(iii) ceases to apply to the Participant; (4) a reasonable period ending after this Section 

8.1 first applies to the Participant. Notwithstanding the foregoing, notice must be provided within a 

reasonable period ending after separation from service in the case of a Participant who separates from 

service before attaining age 35. 

 For purposes of applying the preceding paragraph, a reasonable period ending after 

the enumerated events described in (2), (3) and (4) is the end of the two-year period beginning one year 

prior to the date the applicable event occurs, and ending one year after that date. In the case of a 

Participant who separates from service before the Plan Year in which age 35 is attained, notice will be 

provided within the two-year period beginning one year prior to separation. If such a Participant 

thereafter returns to employment with the Employer, the applicable period for such Participant shall be 

recalculated. 

 (iii) Notwithstanding the other requirements of this Subsection (d, the respective 

notices prescribed by this Subsection (d need not be given to a Participant if: (1) the Plan “fully 

subsidizes” the costs of a Qualified Joint and Survivor Annuity or Qualified Pre-Retirement Survivor 

Annuity; and (2) the Plan does not allow the Participant to waive the Qualified Joint and Survivor Annuity 

or Qualified Pre-Retirement Survivor Annuity and does not allow a married Participant to designate a 

non-spouse beneficiary. For purposes of this Paragraph (d)(iii), a plan fully subsidizes the costs of a 

benefit if no increase in cost, or decrease in benefits to the Participant may result from the Participant’s 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0120
- 32 - 

failure to elect another benefit. The Plan fully subsidizes the cost of the Qualified Pre-Retirement 

Survivor Annuity. Prior to the time the Plan allows the Participant to waive the Qualified Pre-Retirement 

Survivor Annuity, the Plan may not charge the Participant for the cost of such benefit by reducing the 

Participant’s benefits under the Plan or by any other method. 

 (iv) For any distribution notice issued in Plan Years beginning after December 

31, 2006, the description of a Participant’s right, if any, to defer receipt of a distribution will also describe 

the effect of failing to defer receipt of the distribution; and, in this regard, the Plan Administrator may use 

a description that includes the financial effect of such deferral as described in Treasury Regulations 

Section 1.417(a)(3)-1(d)(2)(i), based solely on the normal form of benefit payment. 

 (e) Transitional Rules. 

 (i) Any living Participant not receiving benefits on August 23, 1984, who 

would otherwise not receive the benefits prescribed by the previous Subsections of this Section 8.1 must 

be given the opportunity to elect to have the prior provisions of this Section 8.1 apply if such Participant is 

credited with at least one Hour of Service under this Plan or a predecessor plan in a Plan Year beginning 

on or after January 1, 1976, and such Participant has at least ten (10) Years of Eligibility Service when he 

or she separated from service. 

 (ii) Any living Participant not receiving benefits on August 23, 1984 who was 

credited with at least one Hour of Service under this Plan or a predecessor plan on or after September 2, 

1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 

1976, must be given the opportunity to have his or her benefits paid in accordance with Paragraph (d)(iv). 

 (iii) The respective opportunities to elect (as described in Paragraphs (d)(i) and 

(ii) above) must be afforded to the appropriate Participants during the period commencing on August 23, 

1984, and ending on the date benefits would otherwise commence to said Participants. 

 (iv) Any Participant who has elected pursuant to Paragraph (d)(ii) and any 

Participant who does not elect under Paragraph (d)(i) or who meets the requirements of Paragraph (d)(i) 

except that such Participant does not have at least ten (10) Years of Eligibility Service when he or she 

separates from service, will have his or her benefits distributed in accordance with all of the following 

requirements if benefits would have been payable in the form of a life annuity. 

 (I) Automatic Joint and Survivor Annuity. If benefits in the form of a 

life annuity become payable to a married Participant who: 

 (A) begins to receive payments under the Plan on or after Normal 

Retirement Age; or 

 (B) dies on or after Normal Retirement Age while still working 

for Employer; or 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0121
- 33 - 

 (C) begins to receive payments on or after the qualified early 

retirement age; or 

 (D) separates from service on or after attaining Normal 

Retirement Age (or the qualified early retirement age) and after satisfying the eligibility requirements for 

the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then 

such benefits will be received under this Plan in the form of a Qualified Joint and Survivor Annuity, 

unless the Participant has elected otherwise during the election period. The election period must begin at 

least six (6) months before the Participant attains qualified early retirement age and end not more than 

ninety (90) days for Plan Years beginning before January 1, 2007, and one hundred eighty (180) days for 

Plan Years beginning after December 31, 2006, before the commencement of benefits. Any election 

hereunder will be in writing and may be changed by the Participant at any time. 

 (II) Election of early survivor annuity. A Participant, who is employed 

after attaining the qualified early retirement age, will be given the opportunity to elect, during the election 

period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, 

payments under such annuity must not be less than the payments that would have been made to the spouse 

under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her 

death. Any election under this provision will be in writing and may be changed by the Participant at any 

time. The election period begins on the later of: (1) the 90th day for Plan Years beginning before January 

1, 2007, and one hundred eighty (180) day for Plan Years beginning after December 31, 2006 before the 

Participant attains the qualified early retirement age; or (2) the date on which participation begins, and 

ends on the date the Participant terminates employment. 

 (III) For purposes of this Paragraph (d)(iv), qualified early retirement age 

is the latest of: 

 (A) the earliest date, under the Plan, on which the Participant 

may elect to receive retirement benefits, 

 (B) the first day of the 120th month beginning before the 

Participant reaches Normal Retirement Age, or 

 (C) the date the Participant begins participation. 

 (f) Optional Benefit Forms. In lieu of the normal form of benefit required by Section 

8.1, a Participant may, upon satisfying the requirements of Section 8.1 above, elect payment of his pension 

benefit as follows: 

 (i) Fifty percent (50%) Contingent Pension. Subject to the provisions of 

Section 8.1 above, a Participant may elect the payment of a reduced lifetime monthly pension followed by 

the payment to his named surviving contingent annuitant of a lifetime monthly annuity in an amount equal 

to 50% of the monthly annuity payable to the Employee prior to his death. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0122
- 34 - 

 If, at the time of the Participant’s death, the Option has become effective, 

pension payments to the contingent annuitant will commence as of the first day of the month following the 

month in which the Participant’s death occurs, if the contingent annuitant is then living. 

 The last pension payment under this option, if effective, will be the monthly 

payment due on the first day of the month in which occurs the death of the last to survive of the 

Participant and his contingent annuitant. 

 In the event that: (i) either Participant or his contingent annuitant dies prior 

to the date the option becomes effective; or (ii) the monthly amount of pension payment which would 

become payable to the contingent annuitant is less than Ten Dollars ($10.00); or (iii) the Participant does 

not, prior to the effective date of the option, whichever is earlier, furnish evidence satisfactory to the 

Trustees of the age of his contingent annuitant, the option will not become effective, and pension 

payments, if any, will be made as otherwise provided in the Plan as if the option had never been elected. 

 Notwithstanding the foregoing provisions of this paragraph, under no 

circumstances will this option result in the Actuarial Equivalent of expected benefit payments to the 

Employee being less than 50.1% of the total value of all expected benefit payments payable to, and with 

respect to, the Participant, as determined at the time benefit payments commence under this option. The 

Trustees have authority to make appropriate adjustments with respect to this option to reflect this 

restriction on payment. This restriction will not apply where the contingent annuitant under this option is 

the Employee’s spouse. 

 (ii) 120-Month Certain Option. Subject to the provisions of Section 8.1, a 

Participant may elect to covert his Normal Retirement Benefit or Early Retirement Benefit into an 

optional form of Retirement Benefit of equivalent actuarial value, payable to himself for life, but 

guaranteed in any event for a minimum of one hundred twenty (120) months. The election of such 

optional form of Retirement Benefit may not be revoked or changed by the Employee after the first 

pension payment has been paid under the option, but the beneficiary under the option may be changed by 

written notification delivered to the Trustees prior to the Participant’s death. The optional retirement 

benefit, if effective, will be continued until the end of the guaranteed period if he dies prior to the end 

thereof. There will be no death benefit under this paragraph (ii) if the Employee dies before the 

commencement date of his optional benefit under this paragraph (ii), nor after he has received all the 

guaranteed payments. 

 (iii) For all Plan Years beginning after December 31, 2007, a Participant who 

elects to waive the Qualified Joint and Survivor Annuity will be entitled to elect the Qualified Optional 

Survivor Annuity at any time during the election period. 

 (g) Qualified Election. Any waiver of a Qualified Joint and Survivor Annuity will not 

be effective unless: 

 (i) the participant’s Spouse consents in writing to the election; 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0123
- 35 - 

 (ii) the election designates a specific alternate beneficiary, including any class 

of beneficiaries or any contingent beneficiaries, which may not be changed without spousal consent (or 

the Spouse expressly permits designations by the Participant without any further spousal consent); 

 (iii) the Spouse’s consent acknowledges the effect of the election; and 

 (iv) the Spouse’s consent is witnessed by a plan representative or notary public. 

Additionally, a Participant’s waiver of the Qualified Joint and Survivor Annuity will not be effective 

unless the election designates a form of benefit payment which may not be changed without spousal 

consent. If it is established to the satisfaction of a plan representative that such written consent may not 

be obtained because there is no Spouse, or the Spouse cannot be located, a wavier will be deemed a 

Qualified Election. 

 Any consent by a Spouse obtained under this provision (or establishment that the consent 

of a Spouse may not be obtained) will be effective only with respect to such Spouse. A consent that 

permits designations by the Participant, without any requirement of further consent by such Spouse, must 

acknowledge that the Spouse has the right to limit consent to a specific Beneficiary, and a specific form of 

benefit where applicable, and that the Spouse voluntarily elects to relinquish either or both of such rights. 

A revocation of a prior waiver may be made by a Participant without the consent of the Spouse at any time 

prior to the commencement of benefits. The number of revocations shall not be limited. No consent 

obtained under this provision will be valid unless the Participant has received notice as provided in 

Section 8.1(d) above. 

 8.2 Restrictions on Immediate Distributions. Only a Participant need consent to the 

commencement of a distribution in the form of a Qualified Joint and Survivor Annuity. Otherwise, if the 

present value of a Participant’s vested Accrued Benefit exceeds Five Thousand Dollars ($5,000.00) in 

Plan Years beginning after August 5, 1997 and One Thousand Dollars ($1,000.00) in Plan Years 

beginning after March 28, 2005, and the accrued benefit is immediately distributable, the Participant and 

the Participant’s spouse (or where either the Participant or the spouse has died, the survivor) must consent 

to any distribution of such Accrued Retirement Benefit. Consent must be obtained in writing within the 

ninety (90) day and one hundred eighty (180) day period for Plan Years beginning after December 31, 

2006, period immediately preceding the date payments commence from the Plan. The Administrator will 

notify the Participant and the Participant’s spouse of the right to defer any distribution until the 

Participant’s Accrued Retirement Benefit is no longer immediately distributable. Such notice shall also 

comply with the requirements of Section 8.1(d. Consent will not be required to the extent that the 

distribution is required to satisfy Code sections 401(a)(9) or 415. An Accrued Benefit is “immediately 

distributable” if any part of the Accrued Benefit could be distributed to the Participant (or the Participant’s 

surviving spouse) before the Participant attains (or would have attained if not deceased) the later of age 62 

or Normal Retirement Age. 

 8.3 Mandatory Lump Sum Payments. 

 (a) If a Participant terminates Employment, and the Actuarial Equivalent lump sum of the 

Participant’s vested Accrued Benefit does not exceed Five Thousand Dollars ($5,000.00) in Plan Years 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0124
- 36 - 

beginning after August 5, 1997, and one thousand dollars ($1,000.00), effective March 28, 2005, the 

Administrator will direct payment in a single lump sum as soon as administratively feasible, following the 

Participant’s termination of Employment. For purposes of this Section, if the present value of an 

Employee’s vested Accrued Benefits is zero (0), the Employee will be deemed to have received a 

distribution of such vested Accrued Benefit. 

 (b) Optional Lump Sum Payments. Effective after March 28, 2005, if a Participant 

terminates Employment, and the Actuarial Equivalent lump sum of the Participant’s vested Accrued 

Benefit is One Thousand Dollars ($1,000.00) or greater, but does not exceed Five Thousand Dollars 

($5,000.00), the Participant may elect by written notice to receive a single payment of the lump sum as 

soon as administratively feasible following the Participant’s termination of Employment. 

 8.4 Distribution Requirements. 

 (a) Commencement Date. A Participant who files with the Administrator a completed 

application for benefits from the Plan, is entitled to have his benefits commence no later than the 60th day 

after the close of the Plan Year in which the later of the following occurs: 

 (i) The Participant attains Normal Retirement Age; 

 (ii) The 10th anniversary of the year in which Participant commenced 

Participation in the Plan; or 

 (iii) The Participant terminates Employment. 

A Participant may request, in writing, to defer payment to a later date. 

 (b) Required Beginning Date. In all events, payments will commence no later than 

the later of April 1st following the calendar year that the Participant attains age 701⁄2 or the calendar year 

that the Participant retires, except that benefit distributions to a 5% owner (within the meaning of Code 

Section 416(i)) at any time during the Plan Year ending with or within the calendar year that he attains age 

701⁄2 or any subsequent Plan Year, payments will commence by the April 1st following the calendar year 

that the Participant attains age 701⁄2. The first sentence of this paragraph will apply only to a Participant 

who attains age 701⁄2 in or after the first calendar year after December 31, 1996. If the first sentence of this 

Subparagraph (b) does not apply, the required beginning date of a Participant is the April 1st of the 

calendar year following the calendar year that the Participant attains age 701⁄2. A Participant who satisfied 

the service requirements for an Early Retirement Benefit, but separated from the service (with any nonforfeitable right to an Accrued Benefit) before satisfying the age requirement for an Early Retirement 

Benefit, is entitled, upon satisfaction of such age requirement, to receive a benefit not less than the benefit 

that he would be entitled at the Normal Retirement Age, actuarially reduced under regulations prescribed 

by the Secretary of Treasurer. 

 Once distributions have begun to a five percent (5%) owner under this Subsection 8.4(b), 

they must continue to be distributed, even if the Participant ceases to be a five percent (5%) owner in a 

subsequent year. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0125
- 37 - 

 Effective April 1, 2008, a Participant who attains age 70.5 while in covered service may 

irrevocably elect to begin benefit payments upon attainment of age 70.5 rather than postpone his benefit 

commencement date until the participant’s retirement from covered service. If the participant elects to 

begin benefit payments while in service he will not be entitled to the actuarial increase described in 

section 8.4(c), below. The Trustees will offer each affected participant the opportunity to make such 

election once, and upon election by the participant, the election will not be changed upon the participant’s 

retirement from covered service. Participants who do not elect to commence benefits while in service 

shall be entitled to the actuarial increase, if any, described in section 8.4(c) below. 

 (c) Actuarial Increase. Except with respect to a five percent (5%) owner in other 

plans, a Participant’s Accrued Benefit is actuarially increased to take into account the period after age 701⁄2 

that the Employee does not receive any benefits under the Plan. The actuarial increase begins on the April 

1

st following the calendar year in which the Employee attains age 701⁄2 (January 1, 1997 in the case of an 

Employee who attained age 701⁄2 prior to 1996), and ends on the date on which benefits commence after 

retirement in an amount sufficient to satisfy Code Section 401(a)(9). 

 The amount of actuarial increase payable as of the end of the period for actuarial increases 

must be no less than the Actuarial Equivalent of the Employee’s retirement benefits that would have been 

payable as of the date the actuarial increase must commence plus the Actuarial Equivalent of additional 

benefits accrued after that date, reduced by the actuarial equivalent of any distributions made after that 

date. The actuarial increase is generally the same as, and not in addition to, the actuarial increase required 

for that same period under Code Section 411 to reflect the delay in payments after Normal Retirement, 

except that the actuarial increase required under Code Section 401(a)(9)(C) must be provided even during 

the period during which an Employee is in ERISA Section 203(a)(3)(B) service. 

 For purposes of Code Section 411(b)(1)(H), the actuarial increase will be treated as an 

adjustment attributable to the delay in distribution of benefits after the attainment of Normal Retirement 

Age. Accordingly, to the extent permitted under Code Section 411(b)(1)(H), the actuarial increase 

required under Code Section 401(a)(9)(C)(iii) may reduce the benefit accrual otherwise required under 

Code Section 411(b)(1)(H)(i), except that the rules on the suspension of benefits are not applicable. 

 (d) Determination of Amount to be Distributed. Benefits may not be distributed to 

any Participant under a method of payment which, as of the Participant’s required beginning date does not 

satisfy minimum distribution requirements of Code Section 401(a)(9) and applicable Treasury regulations, 

including the minimum distribution incidental benefit requirements of Section 401(a)(9)(6) and the 

Treasury Regulations, which the Plan hereby incorporates by reference. As of the first distribution 

calendar year, distributions, if not made in a lump-sum, may only be made over one of the following 

periods (or a combination thereof). 

 (i) the life of the Participant, 

 (ii) the life of the Participant and a Designated Beneficiary, 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0126
- 38 - 

 (iii) a period certain not extending beyond the life expectancy of the Participant; 

or 

 (iv) a period certain not extending beyond the joint and last survivor life 

expectancy of the Participant and a Designated Beneficiary. 

 (e) Determination of amount to be distributed each year. 

 (i) If the Participant’s pension benefit is to be paid in the form of the annuity, 

payments under the annuity shall satisfy the following requirements: 

 (I) the annuity distributions must be paid in periodic payments made at 

intervals not longer than one year; 

 (II) the distributions period must be over a life (or lives) or over a period 

certain not longer than a life expectancy (or joint life and last survivor expectancy) described in Code 

Section 401(a)(9)(A)(ii) or Section 401(a)(9)(B)(iii), whichever is applicable; 

 

 (III) once payments have begun over a period certain, the period certain 

may not be lengthened even if the period certain is shorter than the maximum permitted; and 

 (IV) payments must either be non-increasing or increase only as follows: 

 (A) by an annual percentage increase that does not exceed the percentage 

increase in an eligible cost-of-living index for a 12-month period ending in the year during which the 

increase occurs or a prior year; 

 (B) by a percentage increase that occurs at specified times and does not 

exceed the cumulative total of annual percentage increases in an eligible cost-of-living index since the 

annuity starting date, or if later, the date of the most recent percentage increase; 

 (C) by a constant percentage of less than five percent (5%) per year, 

applied not less frequently than annually; 

 (V) as a result of dividend or other payments that result from actuarial gains, 

provided: 

 (A) actuarial gain is measured not less frequently than annually; 

 (B) the resulting dividend or other payments are either paid no later than 

the year following the year for which the actuarial experience is measured or paid in the same form as the 

payment of the annuity over the remaining period of the annuity (beginning no later than the year 

following the year for which the actuarial experience is measured); 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0127
- 39 - 

 (C) the actuarial gain taken into account is limited to actuarial gain form 

investment experience; 

 (D) the assume interest rate used to calculate such actuarial gains is not 

less than three percent (3%); and 

 (E) the annuity payments are not increased by a constant percentage as 

described in this Section. 

 (VI) to the extent of the reduction in the amount of the Participant’s payments to 

provide for a survivor benefit, but only if there is no longer a survivor benefit because the beneficiary 

whose life was being used to determine the distribution period described in Section 4 dies or is no longer 

the Participant’s Beneficiary pursuant to a qualified domestic relations order within the meaning of 

Section 414(b) of the Code; 

 (VII) to provide a final payment upon the Participant’s death not greater than the 

excess of the actuarial present value of the Participant’s accrued benefit (within the meaning of Section 

411(a)(7) of the Code) calculated as of the annuity starting date using the total amount of employee 

contributions over the total of payments before the Participant’s death; 

 (VIII) to allow a Beneficiary to convert the survivor portion of a joint and survivor 

annuity into a single sum distribution upon the Participant’s death; or 

 (IX) to pay increased benefits that result from a Plan amendment. 

 (X) if the annuity is a life annuity (or a life annuity with a period not exceeding 

twenty (20) years), the amount of that must be distributed on or before the Participant’s required 

beginning date (or, in the case of distributions after the death of the Participant, the date distributions are 

required to begin pursuant to Subsection (d) above is the payment that is required for one payment 

interval. The second payment need not be made until the end of the next payment interval, even if that 

payment interval ends in the next calendar year. Payment intervals are the periods for which payments are 

received (e.g., bimonthly, monthly, semi-monthly, or annually). 

 If the annuity is a period certain annuity without a life contingency (or is a life 

annuity with a period certain exceeding twenty (20) years), periodic payments for each distribution 

calendar year shall be combined and treated as an annual amount. The amount that must be distributed by 

the Participant’s required beginning date (or, in the case of distributions after the death of the Participant, 

the date distributions are required to begin pursuant to Subsection (d) above) is the annual amount for the 

first distribution calendar year. The annual amount for other distribution calendar years, including the 

annual amount for the calendar year in which the Participant’s required beginning date (or the date 

distributions are required to begin pursuant to Subsection (d) above) occurs, must be distributed on or 

before December 31st of the calendar year for which the distribution is required. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0128
- 40 - 

 8.5 Minimum Death Distribution Provisions. 

 (a) Death After Required Beginning Date or Commencement of Irrevocable 

Annuity. If the Participant dies after distribution of his or her interest has begun, then the remaining 

portion of the Participant’s interest will continue to be distributed over the remaining period over which 

distributions commenced. Where any benefits remain to be distributed following the death of the 

Participant, or in the case of a married Participant, following the death of both the Participant and his 

spouse, such benefits will be paid to the designated contingent beneficiary, and if none, to the estate of the 

Participant or his spouse, whichever is last to die. If the Participant’s beneficiary is not a natural person, 

then in lieu of monthly payments, the commuted value of the monthly retirement benefit payments 

otherwise payable will be paid to the beneficiary. If the Participant’s beneficiary is a natural person and 

dies after both the Participant and the Participant’s spouse or contingent annuitant, as the case may be, but 

before a total of the minimum monthly retirement payments provided for under Section 8.2 have been 

paid, the commuted value of the balance of such monthly payments shall be paid to the executors or 

administrators of the beneficiary. 

 (b) Death Prior to Required Beginning Date. If the Participant dies before 

distribution of the Participant’s interest begins, his entire interest will be completed by December 31st of 

the calendar year containing the fifth anniversary of the Participant’s death, unless an election is made to 

receive distributions in accordance with (i) or (ii) below. 

 (i) If any portion of the Participant’s benefit is payable to a Designated 

Beneficiary, distributions may be made over the life or over a period certain not greater than the life 

expectancy of the designated beneficiary commencing on or before December 31st of the calendar year 

immediately following the calendar year in which the Participant died. 

 (ii) If the designated beneficiary is the surviving Participant’s spouse, the date 

distributions are required to begin in accordance with (i) above shall not be earlier than the later of: (a) 

December 31st of the calendar year immediately following the calendar year in which the Participant dies; 

or (b) December 31st of the calendar year in which the Participant would have attained age 701⁄2. 

 If there is no Designated Beneficiary as of September 30 of the year following the 

year of the Participant’s death, then the Participant’s entire interest will be distributed by: (a) December 

31st of the calendar year in which distributions would be required to begin under this Section; or (b) 

December 31st of the calendar year that contains the fifth (5th) anniversary date of death of the Participant. 

 If the Participant has no designated beneficiary, or if the designated beneficiary fails to elect a method of 

distribution, distribution of the Participant’s entire interest must be completed by December 31st of the 

calendar year containing the fifth (5th) anniversary of the Participant’s death. 

 (iii) If the surviving spouse dies after the Participant, but before payments 

commence, the above provisions, with the exception of subsection (ii) above, will be applied as if the 

surviving spouse were the Participant. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0129
- 41 - 

 (iv) For purposes of this Subsection 8.5(b), any amount paid to a child of the 

Participant will be treated as if it had been paid to the surviving spouse if the amount becomes payable to 

the surviving spouse when the child reaches the age of majority. 

 (v) For the purposes of this Subsection (b), distribution of a Participant’s 

interest is considered to begin on the Participant’s required beginning date, or if Paragraph b(iii) above is 

applicable, the date distribution is required to begin to the surviving spouse pursuant to Paragraph (b)(ii) 

above. If distribution in the form of an annuity described in Subparagraph (b)(ii)(2) above irrevocably 

commences to the Participant before the required beginning date, the date distribution is considered to 

begin is the date distribution actually commences. 

 8.6 Reemployment/Suspension of Benefits. If a Participant enters employment in work of 

the kind regularly performed by members of the Union, benefits will be suspended for the months of such 

employment. A Pensioner must notify the Trustees, in writing, within fifteen (15) days after he enters 

upon such employment or activity. If he fails to give timely notice, the Board of Trustees may suspend his 

benefits for an additional period of not more than twelve (12) months, or, if earlier, until the later of: (i) 

his Normal Retirement Date; or (ii) his subsequent Retirement. Such suspension will not have the effect 

of reducing the value of the Employee’s Retirement Benefit for payment at his Normal Retirement Date, 

and to the extent necessary to avoid reduction, the monthly amount of the Retirement Benefit will be 

adjusted so as not to deprive the Employee of the value of his Retirement Benefit as payable at his Normal 

Retirement Date. Nothing in this Plan will prevent a Pensioner who has retired for age from engaging in 

any employment or gainful occupation except further employment in work regularly performed by 

members of the Union. 

 (a) Retirement benefits will be suspended for each calendar month during which the 

Employee completes at least forty (40) Hours of Service with the Employer in ERISA Section 

203(a)(3)(B) service, excepting Hours of Service credited to Employee because back pay was awarded to 

Employee. Consequently, the amount of benefits that are paid later than Normal Retirement Age will be 

computed as if the Employee had been receiving benefits since Normal Retirement Age. For purpose of 

this Section, ERISA Section 203(a)(3)(B) service means service as defined in 29 CFR §2530.203-3(c)(2). 

 Notwithstanding the foregoing, a retired Participant may return to work for an 

Employer so long as the President of the Fund’s affiliated Union certifies that no active union members 

are available to fill that position, provided the following conditions are met: 

 (i) Employer pays contributions in accordance with Collective Bargaining 

Agreement; 

 (ii) Employer has no employees in bargaining unit on layoff status; 

 (iii) the retired Participant retired under the Plan’s provisions with either a 

Normal or Early benefit; 

 (iv) the retired Participant has reached Normal Retirement Age; 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0130
- 42 - 

 (v) The Welfare Fund of Teamsters Local Union No. 436 does not require 

monthly benefit contributions to be paid on behalf of retired Participants; and 

 (vi) The Employer and retired Participant execute suitable documents agreeing 

to comply with the provisions of the Plan and acknowledging their responsibilities with regard to this 

matter. 

 (b) Resumption of Payment. Subject to Section 8.6(d), if benefit payments have been 

suspended, payments will resume no later than the first (1st) day of the third (3rd) calendar month after the 

calendar month that the Employee ceases to be employed in ERISA Section 203(3)(B) service. The initial 

payment upon resumption will include the payment scheduled to occur in the calendar month when 

payments resume and any amounts withheld during the period between the cessation of ERISA Section 

203(a)(3)(B) service and the resumption of payments. 

 (c) Notification. No payment will be withheld by the Plan pursuant to this section 

unless the Plan notifies the Employee, by personal delivery or first class mail (to the Employee’s last 

known address of record) during the first calendar month or payroll period in which the Plan withholds 

payments, that his or her benefits are suspended. Such notifications will contain: (i) a description of the 

specific reasons why benefit payments are being suspended; (ii) a description of the Plan provision(s) 

relating to the suspension of payments; (iii) a copy of such plan provisions relating to the suspension of 

payments; and (iv) a statement to the effect that applicable Department of Labor regulations may be found 

in DOL regulations section 2530.203-3 of the Code of Federal Regulations. 

 In addition, the notice will inform the Employee of the Plan’s procedures for affording a 

review of the suspension of benefits pursuant to the Claim Procedure in Article 12 of the Plan. If the Plan 

intends to offset any suspendable amounts actually paid during periods of employment in ERISA Section 

203(a)(3)(b) service, the notification will also identify specifically: (i) the periods of employment; (ii) the 

suspendable amounts that are subject to offset; and (iii) the manner in which the Plan intends to offset 

such suspendable amounts. 

 (d) Verification. A Participant must notify the Plan of any employment that occurs 

subsequent to the commencement of payment of his Accrued Benefit. The Plan may request from a 

Participant access to reasonable information for the purpose of verifying such employment. As a 

condition to receiving future benefit payments, the Participant must certify, upon specific request by the 

Administrator, that he is unemployed or provide factual information sufficient to establish that any 

employment does not constitute ERISA Section 203(a)(3)(B) service. Once the Participant furnishes the 

required certification or information, the Plan will forward, at the next regularly scheduled time for 

payment of benefits, all payments that had been withheld, except to the extent that payments may be 

withheld and offset pursuant to 29 CFR §2530.203-3. 

 (e) Amount Suspended. 

 (i) Life Annuity. In the case of benefits payable periodically on a monthly 

basis for as long as a life (or lives) continues, such as a straight life annuity or a qualified joint and 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0131
- 43 - 

survivor annuity, an amount equal to the portion of a monthly benefit payment derived from Employer 

contributions. 

 (ii) Other Benefit Forms. In the case of a benefit payable in a form other than 

the form described in subsection (i) above, an amount of the Employer-provided portion of benefit 

payments for a calendar month in which the Employee is employed in ERISA Section 203(a)(3)(B) 

service, equal to the lesser of: 

 The amount of benefits that would have been payable to the Employee if he 

had been receiving monthly benefits under the Plan since actual retirement based on a straight life annuity 

commencing at actual retirement age; or 

 The actual amount paid or scheduled to be paid to the Employee for such 

month. Payments that are scheduled to be paid less frequently than monthly may be converted to monthly 

payments for purposes of the above sentence. 

 (f) Top-Heavy. This Section does not apply to the minimum benefit to which the Participant 

is entitled under top-heavy rules under Article 15. 

 (g) Status Determination. Any Participant may request a determination form from the 

Administrator as to whether specific contemplated employment will be ERISA §203(a)(3)(B) service for 

purposes of Plan provisions concerning suspension of benefits. Any determination will be made and 

rendered in a reasonable period of time. 

 (h) The provisions of this Section regarding the suspension of benefits will not apply to 

participants who have reached age 70.5 and have elected to commence benefits while in service as 

allowed in section 8.4(b). 

 8.7 Amount of Benefit Upon Reemployment. If a former Participant entitled to a pension 

benefit is reemployed by the Employer either before or after his benefit payments begin, the monthly 

amount of his retirement benefit will be determined as follows: 

 (a) Break in Service Within One-Year of Reemployment. If such a Participant, for 

any reason other than death, incurs a One-Year Break in Service within one (1) year of reemployment, the 

benefit payments that he was receiving before his reemployment will again commence as of the first (1st) 

day of the calendar month next following such One-Year Break in Service, in the same amount as he was 

receiving when reemployed, or, if he was not then receiving a retirement benefit, he will be entitled to the 

same benefit that he had before his reemployment. Each such Participant is entitled to receive an 

additional retirement benefit, and eligibility for such a benefit and the amount of such benefit will be 

determined under the Plan as if he had then first retired, based upon his age at the time of his termination 

of Employment after such reemployment and upon such reinstated Years of Service, plus the Years of 

Service he earns during such reemployment, but in no event will the sum of such additional retirement 

benefit and the retirement benefit he was receiving before his employment, exceed the amount he would 

be entitled to receive if his retirement benefits were calculated as set forth in (b) below. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0132
- 44 - 

 (b) No Break in Service Within One Year of Reemployment. If such a Participant 

does not have a One-Year Break in Service within one (1) year of such reemployment, his Years of 

Eligibility Service will be reinstated as of the date he completes one (1) Year of Credited Service 

following his reemployment. If he has a Break in Service thereafter for any reason other than death, his 

eligibility for a retirement benefit and the amount of such benefit will be determined as if he had then first 

retired, based upon his age at the time of his termination of Employment, after such reemployment and 

upon such reinstated Years of Credited Service he earns during such reemployment. However, in the case 

of a Participant who was receiving a retirement benefit prior to reemployment, such recalculated benefit 

will be actuarially reduced to account for any benefit payments he may have received before payments 

were suspended. 

 8.8 Direct Rollovers. 

 (a) This Section applies to distributions made on or after January 1, 1993. 

Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee’s 

election under this Section, a distributee may elect, at the time and in the manner prescribed by the 

Administrator, to have any portion of an eligible rollover distribution paid directly to an eligible 

retirement plan specified by the distributee in a direct rollover. 

 (b) For purposes of this Section, the following definitions apply: 

 (i) An “eligible rollover distribution” is any distribution of all or any portion of 

the balance to the credit of the distributee, except that an eligible rollover distribution does not include: 

any distribution that is one of a series substantially equal periodic payments (not less frequently than 

annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life 

expectancies) of the distributee and the distributee’s designated beneficiary, or for a specified period of 

ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) 

of the Code; and the portion of any distribution that is not includible in gross income (determined without 

regard to the exclusion for net unrealized appreciation with respect to employer securities). However, a 

portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion 

consists of after-tax employee contributions that are not includible in gross income, provided that such 

portion is paid only to an individual retirement account or annuity described in section 408(a) or (b) of the 

Code, or to a qualified defined contribution plan described in section 401(a) or 403(a) of the Code that 

agrees to separately account for amounts so transferred, including separately accounting for the portion of 

such distribution that is includible in gross income and the portion of such distribution that is not so 

includible. 

 

 (ii) The term “eligible retirement plan” means: (i) an individual retirement 

account described in section 408(a) of the Code; (ii) an individual retirement annuity described in section 

408(b) of the Code (other than an endowment contract), a qualified trust, an annuity plan described in 

section 403(a), (2) in addition, effective for Plan Years beginning or after January 1, 2002, an annuity 

contract described in section 403(b), and an eligible deferred compensation plan described in section 

457(b) maintained by an eligible employer described in section 457(e)(1)(A) of the Code, which agrees to 

separately account for amounts transferred into such plan from this Plan; and (3) effective for distributions 

made after December 31, 2007, a Roth IRA as described in Section 408A(b) of the Code. The definition 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0133
- 45 - 

of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse or to a spouse 

or former spouse who is the alternate payee under a Qualified Domestic Relations Order, as defined in 

Section 414(p) of the Code. 

 

 (iii) A “distributee” includes an Employee or former Employee or Designated 

Beneficiary. In addition, the Employee’s or former Employee’s surviving spouse and the Employee’s or 

former Employee’s spouse or former spouse who is the alternate payee under a qualified domestic 

relations order, as defined in Code Section 414(p), are distributees with regard to the interest of the spouse 

or former spouse. 

 (iv) A “direct rollover” is a payment by the Plan to the eligible retirement plan 

specified by the distributee. 

 (v) “Rollovers by non-spouse beneficiaries” Notwithstanding anything to the 

contrary in this Agreement, effective as of January 1, 2010, upon the death of the Participant a Distributee 

may elect to make a direct trustee-to-trustee transfer of all or any portion of a distribution payable to or on 

behalf of such Distributee to an individual retirement account or individual retirement annuity established 

for such purpose in accordance with the provisions of Code Section 402(c)(11). Such transfer will be 

treated as an eligible rollover distribution within the meaning of this section and the account or annuity so 

established will be treated as an inherited individual retirement account or individual retirement annuity 

within the meaning of Code Section 408(d)(3)(C) such that the amounts so transferred will not be eligible 

for further rollover treatment and distributions therefrom will be made in accordance with the 

requirements of Code Section 401(a)(9)(B) (other than clause (iv) thereof). In accordance with applicable 

Treasury Regulations, a trust maintained for the benefit of one or more beneficiaries will be treated in the 

same manner as a trust for a Distributee, such that the trustee of such trust may elect such direct transfer. 

 8.9 No Duplication of Benefits. In no event will an Employee be eligible to receive benefits 

under more than one of the above sections. If the Employee is eligible for benefits under two or more 

sections, he must elect the one section under which he wishes to apply after being furnished with a clear 

explanation of the benefits for which he is eligible. 

 8.10 Limitation on Effect of Change in Social Security Benefits. As to a Participant who is 

receiving benefits under this Plan or who has terminated employment and who has any vested Accrued 

Benefit, no benefit to which such Participant or Beneficiary is entitled under this Plan may be reduced on 

account of any increase in Social Security benefit levels payable under Title II of the Social Security Act 

or any increase in the wage base under Title II. 

Article 9 

Death Benefits 

 9.1 Surviving Spouse Death Benefits. In the event an Employee with at least fifteen (15) 

years of Credited Service dies prior to his Normal Retirement Date while in Covered Service with a legal 

spouse surviving him, if (and only if) such surviving legal spouse is not entitled to a Qualified PreRetirement Survivor Annuity under Article 8, either because such surviving spouse is not a “Surviving 

Spouse”, or because the Employee, with the written consent of his legal spouse, has elected not to receive 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0134
- 46 - 

said Qualified Pre-Retirement Survivor Annuity, such surviving legal spouse will be entitled to receive 

monthly benefit payments in the amount of One Hundred Dollars ($100) per month for sixty (60) months 

or, if earlier, until death or remarriage. 

 9.2 Post Retirement Death Benefit. In addition to benefits otherwise provided under the 

Plan, a death benefit in the amount of Five Thousand Dollars ($5,000.00) will be paid to the designated 

beneficiary of a Participant receiving benefits under Article 6 upon his death. If no beneficiary has been 

named, this benefit will be paid to the deceased Participant or former Participant’s estate. 

Article 10 

Benefit Restrictions 

 10.1 Restriction in Maximum Amount of Benefit. 

 (a) Anything herein to the contrary notwithstanding, the annual pension benefit payable 

for a Participant hereunder will not exceed the maximum amount permitted under Section 415 of the 

Code, as amended from time to time, the provisions of which are expressly incorporated herein by 

reference. Moreover, in the event Code Section 416 should be applicable for any participating group 

herein, no benefit exceeding the amounts permitted for any “top-heavy” group shall be provided under this 

Plan. 

 (b) Limitations on Benefits Under Section 415. In addition to any other limitations 

set forth in the Plan and notwithstanding any other provisions of the Plan, effective for Limitation Years 

beginning on and after July 1, 2007, benefits under the Plan shall be limited in accordance with Section 

415 of the Code and the Treasury Regulations thereunder, in accordance with this Section. This Section 

10.1(b) is intended to incorporate the requirements of Section 415 of the Code by reference including the 

final Regulations effective January 1, 2008, the Pension Funding Equity Act of 2004 effective January 1, 

2004 and the Pension Protection Act of 2006 effective January 1, 2006, except as otherwise specified 

herein. 

 (c) Definitions 

 (1) ‘“Limitation Year” means the Calendar Year. 

 (2) “Plan Benefit” means as of any date, the amount of a Participant’s Benefit as 

determined under the applicable provisions of the Plan before application of the limits in this Section. 

 (3) “415 Compensation” means: 

 (i) Wages within the meaning of Section 3401(a) of the Codes (for purposes of 

income tax withholding at the source), plus amounts that would be included in wages but for an election under 

Sections 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b) of the Code; provided, however, that 

any rules that limit the remuneration included in wages based on the nature or location of the employment or the 

services performed (such as the exception for agricultural labor in Section 3401(a)(2) of the Code) are 

disregarded for purposes of this definition; and 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0135
- 47 - 

 (ii) All other payments of compensation to an Employee by his or her Employer 

(in the course of the Employer’s trade or business) for which the Employer is required to furnish the 

Employee a written statement under Sections 6041(d), 605(a)(3), and 6052 of the Code (e.g., a W-2 or a 

1099); 

 (iii) “Severance From Employment” has occurred when a Participant is no 

longer an employee of an Employer maintaining the Plan. 

 (d) Limit on Accrued Benefits. For Limitation Years beginning on or after July 1, 2007, 

in no event shall a Participant’s benefit accrued under the Plan for a Limitation Year exceed the applicable 

limit determined in accordance with Section 415 of the Code and the Treasury Regulations thereunder for 

that Limitation year. If a Participant’s Plan Benefit for a Limitation Year beginning on or after July 1, 2007 would 

exceed the applicable limit for that Limitation Year, the accrued benefit, but not the Plan Benefit, shall be 

frozen or reduced so that the accrued benefit does not exceed the applicable limit for that Limitation Year. 

 (e) Limits on Benefits Distributed or Paid. For Limitation Years beginning on or 

after July 1, 2007, in no event shall the annual amount of benefit distributed or otherwise payable to or 

with respect to a Participant under the Plan in a Limitation Year exceed the applicable limit for that Limitation 

Year. If the benefit distributable or otherwise payable in a Limitation Year would exceed the applicable limit 

for that Limitation Year, the benefit shall be reduced so that the benefit distributed or otherwise payable 

does not exceed the applicable limit for that Limitation Year. 

 (f) Multiple Plans. In the event that the aggregate benefit accrued in any Plan Year by 

a Participant exceeds the limits under Section 415 of the Code and the Treasury Regulations thereunder as a 

result of the mandatory aggregation of the benefits under this Plan with the benefits under another plan 

maintained by the Employer, the benefits under this Plan shall be reduced only after all reductions have been 

made under such other plan. 

 (g) Interest Rates: 

 (1) Interest Rates for Annuity Starting Dates in Plan Years Beginning On or After January 1, 

2006. 

 (i) Effective for Annuity Starting Dates in Plan Years beginning on or after 

January 1, 2006, for purposes of adjusting any benefit under Section 415(b)(2)(B) of the Code for any form 

of benefit subject to Section 417(e)(3) of the Code, the interest rate assumption will be not less than the 

greater of: 

 (ii) the interest rate and mortality table specified in the Plan for determining the 

actuarial equivalence of benefits under Section 417(e) of the Code, or 

 (iii) 5.5 percent and the Applicable Mortality Table, or 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0136
- 48 - 

 (iv) the interest rate and mortality table specified in the Plan for determining the 

actuarial equivalence of benefits under Section 417(e) of the Code that produces a benefit of not more than 

105% of the benefit that would be provided using the “Applicable Interest Rate”. 

 (2) Interest Rates for Annuity Starting Dates in Plan Years Between January 1, 2004 and 

December 3, 2005. 

 (i) Effective for Annuity Starting Dates in Plan Years beginning on or after 

January I, 2004, and ending December 31, 2005, for purposes of adjusting any benefit under Section 

415(b)(2)(B) of the Code for any form of benefit subject to Section 417(e)(3) of the Code, the interest rate 

assumption shall be not less than the greater of: 

 (ii) the interest rate and mortality table specified in the Plan for determining the 

actuarial equivalence of benefits under Section 417(e) of the Code, or 

 (iii) 5.5 percent and the Applicable Mortality Table. 

 (h) General. 

 (i) To the extent that a Participant’s benefit is subject to provisions of Section 

415 of the Code and the Treasury Regulations thereunder that have not been set forth in the Plan, such 

provisions are hereby incorporated by reference into this plan and for all purposes shall be deemed a part 

of the Plan. 

 (ii) This Section is intended to satisfy the requirements imposed by Section 415 

of the Code and the Treasury Regulations thereunder and shall be construed in a manner that will 

effectuate this intent. This Section shall not be construed in a manner that would impose limitations that 

are more stringent than those required by Section 415 of the Code and the Treasury Regulations 

thereunder. 

 (iii) If and to the extent that the rules set forth in this Section are no longer 

required for qualification of the Plan under Section 401(a) and related provisions of the Code and the 

Treasury Regulations thereunder, they shall cease to apply without the necessity of an amendment to the 

Plan. 

 10.2 Restrictions in Event of Termination. In the event the Plan is partially or completely 

terminated, or an accumulated funding deficiency occurs within the first ten (10) Plan Years following its 

inception, or the first ten (10) Plan Years subsequent to amendments increasing benefits, the following 

restrictions apply to a Participant who, on the date of the Plan’s inception, or on the date of any 

amendment increasing benefits, was one of the twenty-five (25) highest-paid Employees of an Employer 

(“restricted Participant”) and whose then anticipated annual Normal Pension exceeds One Thousand Five 

Hundred Dollars ($1,500.00). The restrictions applied to such restricted Participants shall apply only to 

that amount of his anticipated annual Normal Pension which exceeds One Thousand Five Hundred 

Dollars ($1,500.00) (“restricted benefit”). Benefits payable under Article 8 shall not be restricted benefits. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0137
- 49 - 

 While the early termination restrictions are operative, no restricted Participant may receive 

a restricted benefit larger than one which can be purchased with the greater of: 

 (a) Twenty Thousand Dollars ($20,000.00); or 

 (b) Twenty percent (20%) of the first Fifty Thousand Dollars ($50,000.00) of the 

Participant’s annual compensation multiplied by the number of years between the date that the ten (10) 

year period described above began and the date the restrictions became operative. 

 During the ten (10) year period described above, no restricted Participant may receive a 

restricted benefit in an optional form providing payments at a more rapid rate than would be provided in 

the form of a Monthly Income for Life. 

 In the event that the Participant’s benefit hereunder is payable in a form other than that of a 

Monthly Income for Life commencing at his Normal Retirement Date, the foregoing limitations will be 

adjusted according to regulations prescribed by the Internal Revenue Service. 

Article 11 

Administration of the Plan 

 11.1 Administration of the Plan. The general administration of the Plan and the responsibility 

for carrying out its provisions will be placed in the Board of Trustees in accordance with the terms of the 

Plan and the Trust Agreement. The Board of Trustees is the Administrator of the Plan within the meaning 

of Section 3(16) of ERISA. 

 11.2 Administrator of the Plan. The Administrator will administer the Plan in accordance 

with its terms, and has all powers necessary to carry out the provisions of the Plan. The Administrator has 

all powers to administer the Plan, including the power to invest or reinvest the assets of the Plan. The 

Administrator has total and complete discretion to interpret the Plan and to determine all questions arising 

in the administration, interpretation and application of the Plan, including the power to construe and 

interpret the Plan; to decide all questions relating to an individual’s eligibility to participate in the Plan 

and/or eligibility for benefits and the amounts thereof; to have fact finder discretionary authority to decide 

all facts relevant to the determination of eligibility for benefits or participation; to make such adjustments 

that it deems necessary or desirable to correct any arithmetical or accounting errors; to determine the 

amount, form and timing of any distribution to be made hereunder; to approve and enforce any loan 

hereunder including the repayment thereof, as well as to resolve any conflict. The Administrator has 

discretion to make factual determinations as well as decisions and determinations relating to the amount 

and manner of allocations and distribution of benefits. In making its decisions, the Administrator is 

entitled to, but need not rely upon, information supplied by a Participant, Beneficiary, or representative 

thereof. The Administrator has full and complete discretion to determine whether a domestic relations 

order constitutes a Qualified Domestic Relations Order and whether the putative Alternate Payee 

otherwise qualifies for benefits hereunder. The Administrator may correct any defect, supply any 

omission or reconcile any inconsistency in such manner and to such extent as it deems necessary to carry 

out the purposes of this Plan. The Administrator’s decision in such matters is binding and conclusive as 

to all parties. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0138
- 50 - 

 11.3 Payment of Benefits Under Legal Disability. In case any benefit payments hereunder 

become payable to a person not adjudicated incompetent, but, by reason of mental or physical disability, is 

unable to administer properly such payments in the discretion of the Administrator, then such payments 

may be paid out by the Administrator for the benefit of such person in the following manner: 

 (a) directly to any such person; 

 (b) to the legally appointed guardian, conservator , or Social Security representative 

payee of such person, or any nursing home in which such person resides; 

 (c) to any spouse, parent, brother or sister of such person for the welfare, support and 

maintenance of the person; and 

 (d) by the Administrator using such payments directly for the support, maintenance and 

welfare of any person. 

 The Administrator has no obligation or duty to see what the Funds are used for or how they 

are applied. Notwithstanding, the Administrator reserves the right to cease payments upon discovering 

that payments are no longer used for the support, maintenance and welfare of such person, or such person 

ceases to reside at a nursing home or for any other reason. 

 11.4 Inability to Locate Participant. If any Participant fails to inform the Administrator, in 

writing, sent by registered mail, of a change of address, and the Administrator is unable to communicate 

with the Participant at the address last recorded by the Administrator, and a letter sent by registered mail 

to such Participant is returned, any payments due on the Participant’s account will be held, without 

interest, until he or she makes a claim therefor or, if earlier, until any such payment escheat to any state. 

 11.5 No Discrimination. The Administrator will not take any action, nor direct the Trustees to 

take any action, that would result in benefitting one Participant or group of Participants at the expense of 

another, or discriminating between Participants similarly situated, or applying different rules to 

substantially similar set of facts. 

 11.6 SPD/Reports. The Administrator will furnish a summary of this Plan to all Employees, as 

required by applicable Federal Law. The Administrator will notify each Employee that becomes eligible 

as a Participant. 

 11.7 Records and Information. The Administrator will keep a complete record of all 

proceedings and all data necessary for the administration of the Plan. 

 11.8 Information to Participants. The Administrator will give each Participant, who so 

requests in writing, at least once each year, information as to his or her Accrued Benefit. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0139
- 51 - 

Article 12 

Claims Procedure 

 12.1 Application for Benefits. Any person entitled to benefits must file a written claim with 

the claims administrator on forms provided by the claims administrator. Such application will include all 

information and evidence the claims administrator deems necessary to properly evaluate the merit of and 

to make any necessary determinations on a claim for benefits. Unless special circumstances exist, a 

Participant will be informed of the decision on his claim within a reasonable period of time, but no later 

than ninety (90) days after the claim is received (without regard to whether all the information necessary 

to make a benefit determination accompanies the filing). If the claims administrator determines that 

special circumstances require an extension of time for processing, written notice of the extension will be 

furnished to the claimant prior to the termination of the initial 90-day period. In no event will such 

extension exceed a period of ninety (90) days from the end of such initial period. The extension notice 

will indicate the special circumstances requiring an extension of time and the date by which the claims 

administrator expects to render the benefit determination. 

 12.2 Notice of Denied Claim for Benefits. If a claim for benefits is partially or wholly denied, 

the claims administrator will provide a claimant with written or electronic notice of the adverse benefit 

determination. Any electronic notification will comply with the standards imposed by 29 C.F.R. § 

2520,104b-1(c)(1)(i)(iii) and (iv). The notification will set forth, in a manner calculated to be understood 

by the claimant: (a) the specific reason or reasons for the adverse benefit determination; (b) reference to 

the specific Plan provisions on which the determination is based; (c) a description of any additional 

material or information necessary for the claimant to perfect the claim and an explanation as to why such 

material or information is necessary; and (d) a description of the Plan’s review procedures and time limits 

applicable to such procedures, including a statement of the claimant’s right to bring a civil action under 

Section 502(a) of ERISA after exhausting the Plan’s claims review procedures. 

 12.3 Review of Denied Claim. A claimant may file a written appeal of an adverse benefit 

determination with the Benefits Claim Committee (“Committee”) within sixty (60) days after receiving 

notification of an adverse benefit determination, including any comments, statements or documents he 

may wish to provide, relating to the claim for benefits. The claimant will be provided, upon request and 

free of charge, reasonable access to the Plan documents relevant to a claim for benefits. For purposes of 

this Section, whether a document is relevant will be determined by reference to 29 CFR § 2560.503-

1(m)(8). The Committee will, within a reasonable time after the submission of a written appeal by a 

claimant, entertain any oral presentation the claimant or his duly authorized representative wishes to 

make. The Committee will render a determination on the appeal of the claim in a written statement, 

taking into account all information submitted by claimant relating to the claim, without regard to whether 

such information was submitted or considered in the initial benefit determination. The Committee will 

make a benefit determination no later than the date of the meeting of the Board of Trustees that 

immediately follows the Plan’s receipt of a request for review, unless the request for review is filed within 

thirty (30) days preceding the date of such meeting. In such case, a benefit determination may be made no 

later than the date of the second meeting following the Plan’s receipt of the request for review. If special 

circumstances require a further extension of time for processing, a benefit determination will be rendered 

not later than the date of the third (3rd) meeting of the Committee or board following the Plan’s receipt of 

the request for review. If such an extension of time for review is required because of special 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0140
- 52 - 

circumstances, the Committee will provide the claimant with written notice of the extension, describing 

the special circumstances and the date as of which the benefit determination will be made, prior to the 

commencement of the extension. The Committee will notify the claimant of the benefit determination as 

soon as possible, but not later than five (5) days after the benefit determination is made. The notification 

will set forth, in a manner calculated to be understood by the claimant: (a) the specific reason or reasons 

for adverse determination; (b) reference to the specific Plan provisions on which the determination is 

based; (c) a description of any additional material or information necessary for the claimant to perfect the 

claim and an explanation as to why such material or information is necessary; and (d) a description of the 

Plan’s review procedures and the time limits applicable to such procedures, including a statement of the 

claimant’s right to bring a civil action under Section 502(a) of ERISA after exhausting the claims review 

procedures. The Committee’s decision is final and binding, unless a majority of Plan committee members 

are not able to make a benefit determination. In the event of a deadlock, a claimant shall have a right to 

appeal to the Board of Trustees as set forth in Section 12.4 below. 

 12.4 Review of Committee’s Decision. In the event of a deadlock as set forth in Section 12.3 

above, a claimant may file a written appeal of an adverse benefit determination with the Board of Trustees 

(“Trustees”) within sixty (60) days after receiving notification of an adverse benefit determination, 

including any comments, statements or documents he may wish to provide, relating to the claim for 

benefits. The claimant will be provided, upon request and free of charge, reasonable access to the Plan 

documents relevant to a claim for benefits. For purposes of this Section, whether a document is relevant 

will be determined by reference to 29 CFR § 2560.503-1(m)(8). The Trustees will, within a reasonable 

time after the submission of a written appeal by a claimant, entertain any oral presentation the claimant or 

his duly authorized representative wishes to make. The Trustees will render a determination on the appeal 

of the claim in a written statement, taking into account all information submitted by the claimant relating 

to his claim, without regard to whether such information was submitted or considered in the initial benefit 

determination. The Trustees will make a benefit determination no later than the date of the meeting of the 

Board of Trustees that immediately follows the Plan’s receipt of a request for review, unless the request 

for review is filed within thirty (30) days preceding the date of such meeting. In such case, a benefit 

determination may be made no later than the date of the second (2nd) meeting following the Plan’s receipt 

of the request for review. If special circumstances require a further extension of time for processing, a 

benefit determination will be rendered not later than the date of the third (3rd) meeting of the Trustees or 

board following the Plan’s receipt of the request for review. If such an extension of time for review is 

required because of special circumstances, the Trustees will provide the claimant with written notice of 

the extension, describing the special circumstances and the date as of which the benefit determination will 

be made, prior to the commencement of the extension. The Trustees will notify the claimant of the benefit 

determination as soon as possible, but not later than five (5) days after the benefit determination is made. 

The notification will set forth, in a manner calculated to be understood by the claimant: (a) the specific 

reason or reasons for adverse determination; (b) reference to the specific Plan provisions on which the 

determination is based; (c) a description of any additional material or information necessary for the 

claimant to perfect the claim and an explanation as to why such material or information is necessary; and 

(d) a description of the Plan’s review procedures and the time limits applicable to such procedures, 

including a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA. Any 

determination rendered by the Trustees under this Section 12.4 is final and binding. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0141
- 53 - 

 12.5 Right to Bring Civil Suit. 

 (a) Exhaustion Requirement. A Participant or Beneficiary may not bring an action, 

pursuant to Section 502 of ERISA, challenging an adverse benefit determination by the Administrator, 

until he or she has fully exhausted the internal claims review procedure of the Plan described in Sections 

12.1-12.4 above. 

 (b) Time Limitation. After exhausting the internal claims procedure, the claimant 

may bring an action no later than ninety (90) days after the final determination of the Plan is rendered in 

any federal or state court of competent jurisdiction to review the final determination. 

 (c) Standard of Review. Because the benefits under this Plan will be paid only if the 

Administrator or the Committee makes a determination that a claimant is entitled to them, the standard of 

review of any adverse benefit determination by an Administrator shall be arbitrary and capricious. 

Article 13 

Amendment and Termination 

 13.1 Amendment of the Plan. 

 (a) The Trustees have the right, at any time, and from time to time, without consent of 

any Employer, Employee, beneficiary or other interested party: 

 (i) To amend this Plan, both prospectively and retroactively, in such manner as 

it may deem necessary or advisable in order to qualify the Plan and Pension Fund under, or to satisfy any 

provision of, any law, regulation, ruling or order now or hereafter existing, including, but not limited to, 

Sections 401(a) and 501(a) of the Code and/or any provision of ERISA; and 

 (ii) To amend this Plan, both prospectively and retroactively, in any other 

manner, provided, however, that no such amendment forfeit or diminish the non-forfeitable and vested 

interest of any Employee in the Pension Fund, including a change in the actuarial basis for determining 

optional or early retirement benefits, or the elimination or reduction of an early retirement benefit or 

retirement-type subsidy, (except as may now or hereafter be permitted under applicable provisions of the 

Code and ERISA), nor will any amendment be made that will permit any part of the Pension Fund to be 

used for or diverted to purposes other than for the exclusive benefit of Employees or their beneficiaries. 

 (b) Any such amendment will comply with the applicable sections of the Code and 

ERISA, the contract articles creating the Fund, and the purposes set forth in the Trust Agreement and be 

adopted by a written, executed agreement or resolution of the Trustees, and will be binding upon all 

Employers, Employees, beneficiaries, and all other interested parties. 

 (c) Notwithstanding anything in this Article 13 to the contrary, in the event that an 

amendment to the Plan is adopted changing the eligibility requirements for a Deferred Vested Benefit 

under Article 6, each Employee with at least three (3) Years of Credited Service or Eligibility Service will 

then be permitted to elect to have non-forfeitable percentage of his benefit computed without regard to 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0142
- 54 - 

such amendment. In order to be effective, any such election must be made in writing and filed with the 

Administrator not later than sixty (60) days following the latest of: (i) the date the amendment was 

adopted; (ii) the date the amendment became effective; or (iii) written notice of the amendment was issued 

to the Employee. Any amendment to the Plan that directly or indirectly affects the computation of an 

Employee’s Deferred Vested Benefit, is considered a change in the Plan’s eligibility requirements for a 

Deferred Vested Benefit under Section 3 of Article 6. 

 13.2 Termination. 

 (a) Rights of Trustees. It is the present intention of the Trustees to continue this Plan 

in full force and effect. However, in order to safeguard against any unforeseen contingencies, the Trustees 

reserve the right to completely or partially discontinue or terminate the Plan. In the event of the complete 

or partial discontinuance or termination of the Plan, the rights of all affected Employees to benefits 

accrued to the date thereof will become fully vested and be non-forfeitable to the extent then funded 

and/or guaranteed by the Pension Benefit Guaranty Corporation. No affected Employee will have any 

recourse toward satisfaction of his fully vested and non-forfeitable benefit from other than Pension Fund 

assets of the Pension Benefit Guaranty Corporation. 

 (b) One Hundred Percent (100%) Vesting on Termination of Plan. Upon 

termination or partial termination of the Plan, by formal action of the Trustees or for any other reason, 

each Participant directly affected by such action will be one hundred percent (100%) vested in his 

Accrued Benefit (to the extent funded as of such date). 

Article 14 

Duties and Authority of Trustees 

 14.1 Named Fiduciaries. The Trustees are “Named Fiduciaries,” as that term is used in Section 

402 of ERISA, and, except as otherwise limited by Section 405(c) of ERISA, they have full authority to 

allocate responsibilities among themselves and to designate others to perform their responsibilities; 

provided, however, that to the extent that specific responsibilities are assigned by or under this provision 

of the Plan to different fiduciaries, no fiduciary is liable for errors or omissions involving another 

fiduciary’s individually assigned area of responsibility. 

 14.2 Exclusive Benefits. All contributions by the Employers will be deposited into the Pension 

Fund. The assets of the Pension Fund will be used exclusively to provide benefits under the Plan and to 

pay any and all expenses or costs that are incurred in connection with or which arise out of the operation 

of the Plan and Pension Fund, including, without limitation, legal, actuarial, educational, accounting and 

administrative expenses, fiduciary or other premiums, any and all taxes that may be assessed against the 

Fund, any expenses, costs, assessments or levies resulting from the prosecution, defense or settlement of 

any claims involving the Plan or Trust Fund, and all premiums required to be paid to the Pension Benefit 

Guaranty Corporation under Section 4006-07 of ERISA. It shall be, and is hereby made, impossible upon 

the termination of the Plan or pursuant to any amendment of the Plan or otherwise, at any time, for all or 

any part of the Trust Fund to be used for or diverted to any purpose other than the exclusive benefit of 

Employees or their beneficiaries; provided, however, nothing herein precludes payment from the Trust 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0143
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Fund of costs and expenses incurred in connection with or arising out of the operation of the Plan and 

Trust Fund. 

 14.3 Liability of Trustees. The Board of Trustees is free from liability, joint or several, for 

personal acts, omissions, and conduct, and for acts, omissions and conduct of duly constituted agents in 

the administration of this Plan, except to the extent that the effects and consequences of such personal 

acts, omissions or conduct result from willful misconduct; provided, however, that this Section will not 

operate to relieve the Board of Trustees from any responsibility or liability for any responsibility, 

obligation, or duty under Part 4 of Subtitle B of Title 1 of ERISA. 

 14.4 Receive Payments. The Trustees will receive from Employers the payments made by 

them on account of said Employers’ required fringe benefit contributions under the Plan, which sums 

(plus any gains or income thereon) when received by the Trustees constitute the Pension Fund, but the 

Trustees have no duty to compute any amount due from the Employer or to collect the same, unless 

otherwise provided by applicable law. The Trustees will value the assets of the Pension Fund as of the 

close of the last day of each Plan Year. 

 14.5 Tax Returns and Reports. The Trustees will prepare or cause to have prepared and filed 

all tax returns, reports and related documents, except as otherwise specifically provided in this Plan. 

 14.6 Expenses. All brokerage costs, transfer taxes and similar expenses incurred in connection 

with the investment and reinvestment of the Pension Fund and all taxes of any kind whatsoever that may 

be levied or assessed under existing or future laws upon or in respect to the Pension Fund, and any interest 

that may be payable on money borrowed by the Trustees for the purpose of the Trust, will be paid from 

the Pension Fund, and, until paid, constitute a charge upon the Pension Fund. All other administrative 

expenses incurred by the Trustees in performance of its duties, including such compensation to the 

Trustees as may be agreed upon from time to time between the Trustees (in accordance with the Trustees’ 

standard schedule of fees in effect from time to time during the time it administers this Trust, if 

applicable) and all proper charges and disbursements of the Trustees will be paid from the Pension Fund, 

and until paid, will constitute a charge upon the Pension Fund. However, no person who received fulltime pay from any Employer or the Union may receive compensation from the Pension Fund, except for 

reimbursement of expenses properly and actually incurred. 

 The Trustees may inspect the records of any Employer whenever such inspection may be 

reasonably necessary in order to determine any fact pertinent to the performance of their duties as 

Trustees. The Trustees, however, are not required to make such inspection, but may, in good faith, rely on 

any statement of an Employer or any of its officers. 

 14.7 Appointment of Investment Manager. The Trustees may appoint an Investment 

Manager (as defined in ERISA section 3(38)), who will have the responsibility for investment of the 

Pension Fund. The Investment Manager will have the investment powers granted the Trustee in Section 

11.2 except to the extent the Investment Manager’s powers are specifically limited by an agreement 

between the Trustees and Investment Manager. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0144
- 56 - 

 14.8 Decision of Trustees. All rules and regulations adopted by the Trustees are binding upon 

all parties dealing with the Pension Fund and all persons claiming benefits hereunder. 

 14.9 Funding. 

 (a) Actuarial Valuations and Plan Review. This Plan has been adopted by the 

Trustees on the basis of an actuarial estimate that has established (to the extent possible) that the income 

and accruals of the Plan and Pension Fund will be fully sufficient to support this Plan on a permanent 

basis. However, it is recognized as possible that, in the future, the income and/or the liabilities of the 

Pension Fund may be substantially different from those previously anticipated. The Trustees will have 

prepared annual actuarial valuations of the Pension Fund. Upon the basis of all the circumstances the 

Trustees may from time to time amend the Plan, including any increase or decrease in benefit amounts. 

However, no amendment will, in any way, reduce the benefits payable to a Participant. 

 (b) Funding Policy. The Plan Administrator is responsible for developing a funding 

policy for the Plan, and the Employers will make contributions in accordance with such funding policy. 

The funding policy will be reviewed not less than annually. Such policy will be based upon the 

determinations of an actuary, using accepted actuarial methods, of the funding needs of the Plan, and on 

any other factors considered relevant by the Plan Administrator and not inconsistent with this Plan. 

 (c) Minimum Funding Standard Account. The Plan Administrator is responsible for 

maintaining at all times a minimum funding standard account with respect to the Plan, and, if applicable, 

an alternative minimum funding standard account. Such accounts will be maintained in accordance with 

the requirements of Code Section 412; provided, however, effective as of January 1, 2008, the minimum 

funding account maintained by the Plan Administrator will be maintained in accordance with the 

requirements of Section 431 of the Code. In addition, no alternative minimum funding account can be 

maintained by the Plan Administrator after December 31, 2007. Thus, for Plan Years beginning after 

December 31, 2007, the accumulated funding deficiency of the Plan will be determined by examining the 

charges and credits to the Plan’s funding standard account. 

 (d) Funding Rule Under PPA. Notwithstanding anything to the contrary in this 

Section 14.9, effective as of January 1, 2008, the Plan will be subject to the additional funding rules 

imposed upon multiemployer plans under Section 432 of the Code. In accordance with Section 432 of the 

Code, the following rules shall apply: 

 (i) Not later than the ninetieth (90th) day of each Plan Year, the Plan’s actuary 

must certify to the Board of Trustees and the IRS the funding status of the Plan in accordance with the 

requirements of Section 432(b)(3 of the Code). If the Plan had previously been certified as in endangered 

or critical status, the Plan’s actuary must also certify whether or not the Plan is making the scheduled 

progress in meeting the requirements of either its funding improvement plan or its rehabilitation plan. 

 (ii) If the Plan’s actuary certifies that the Plan is in endangered or critical status 

with respect to a Plan Year, the Administrator shall provide notice of such status within thirty (30) days to 

Participants, Beneficiaries, any bargaining parties, the PBGC and the Secretary of Labor as required under 

Section 432(b)(3)(D) of the Code. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0145
- 57 - 

 (iii) If the Plan is certified as in endangered status pursuant to the provisions of 

Section 432(b)(1) of the Code, the Board of Trustees must adopt and implement a funding improvement 

plan in accordance with the provisions of Section 432(c) of the Code and the Plan and the Board of 

Trustees will be subject to the rules and restrictions imposed upon plans in endangered status as set forth 

under Section 432(d) of the Code. 

 (iv) If the Plan is certified as in critical status pursuant to the provisions of 

Section 432(b)(2) of the Code, the Board of Trustees must adopt and implement a rehabilitation plan in 

accordance with the provisions of Section 432(e) of the Code and the Plan and the Board of Trustees will 

be subject to the rules and restrictions imposed upon plans in critical status as set forth under Section 

432(f) of the Code. The Board of Trustees will cause the Plan to be amended to reflect the rehabilitation 

plan if appropriate pursuant to Section 432 of the Code. 

 14.10 Unauthorized Representations. The Fund shall not be bound by the representations of 

any person, other than the Trustees, regarding participation in and eligibility for benefits under this Plan, 

status of Employees or Employers or any other matter relating to the Plan or Fund. 

Article 15 

Top-Heavy Provisions 

 The provisions of this Article apply only to those groups of Participants, if any, who are not 

excluded from the application of Code Section 416 by reason of being represented in a collective 

bargaining unit or employed by the employee representatives of such Participants. 

 15.1 Definitions for Top-Heavy Provisions. As used in this Article, the following words and 

terms have the following meaning: 

 (a) Accrued Benefit. The accrued benefit in a defined benefit pension plan and the 

aggregate account balances in a defined contribution plan (including any simplified employee pension 

plan). The accrued benefit includes: 

 (i) All non-deductible employee contributions; 

 (ii) All distributions from the Plan made within the Plan Year, which includes 

the determination date and the preceding one-year period, except in the case of any distribution made for 

a reason other than separation from services, death or disability, all distributions from the Plan made 

within the Plan Year that includes the determination date and the preceding five-year period, provided that 

the term distribution shall not include a related rollover or plan-to-plan transfer, which is included in the 

accrued benefit in the recipient plan; and 

 (iii) All distributions to the Plan, except an unrelated rollover or plan-to-plan 

transfer made on or after January 1, 1984. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0146
- 58 - 

 “Related” and “unrelated” rollovers or transfers and distributions are 

defined and taken into account in accordance with Code Section 416. For Plans subject to the minimum 

funding requirements of federal law, the aggregate account balance shall include any amounts required to 

be allocated to Participants’ accounts to meet such minimum funding requirements, even though such 

amounts are not yet required to be contributed. For Plans not subject to the minimum funding 

requirements, the aggregate account balance shall include only amounts contributed prior to the 

determination date, except amounts allocated as of a date on or before the determination date, must also 

be included in the first Plan Year (even if contributed a year after such determination date). 

 (b) Determination Date. The last day of the preceding Plan Year, or, in the case of the 

first Plan Year, the last day of the Plan Year. 

 (c) Key Employee. Means any employee or former employee (including any deceased 

employee) who is, at any time during the plan year that includes the determination date; or 

 (i) is an officer of any Employer having an annual compensation greater than 

One Hundred Thirty Thousand Dollars ($130,000.00) (as adjusted under Section 416(i)(1) of the Code); 

or 

 (ii) a five percent (5%) owner of the Employer; or 

 (iii) a one percent (1%) owner of the Employer having Annual Compensation of 

more than One Hundred Fifty Thousand Dollars ($150,000.00) from all employers required to be 

aggregated under Code Sections 414(b), (c) and (m). 

The determination of who is a Key Employee will be made in accordance with Code Section 416(i)(1) and 

the regulations thereunder. 

 (d) Non-Key Employee. Any employee or former employee, including such 

employee’s beneficiary, who is not a key employee or a former key employee. 

 (e) Permissive Aggregation Group. The required aggregation group of plans plus any 

other plan or plans of the Employer which, when considered as a group with the required aggregation 

group, would continue to satisfy the requirements of Code Section 401(a)(4) and 410. 

 (f) Present Value. The accrued benefit in a defined contribution plan and the present 

value of the accrued benefit in a defined benefit plan, using the interest and mortality rates used to prepare 

the latest actuarial valuation and using an assumed benefit commencement date occurring at Normal 

Retirement Age or attained age, if later. 

 (g) Required Aggregation Group. A group of plans which must be aggregated 

because each qualified plan of the Employer either: 

 (i) has a key employee as a participant; or 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0147
- 59 - 

 (ii) enables any plan described in subclause (i) to meet the requirements of 

Code Sections 401(a)(4) or (10). 

 (h) Super Top-Heavy Plan. For Plan Years commencing on or after January 1, 1984, 

a plan which: 

 (i) is not part of an aggregation group, and in which, on the determination date, 

the top-heavy ratio exceeds ninety percent (90%); or 

 (ii) is part of a required aggregation group which is super top heavy. Unless the 

context otherwise clearly requires, reference in this Article to “top heavy” shall include “super top heavy”. 

 (i) Top-Heavy Plan. For Plan Years commencing on or after January 1, 1984, this 

Plan is top heavy if any of the following conditions exist: 

 (i) the top-heavy ratio exceeds sixty percent (60%), and this Plan is not part of 

any Required Aggregation Group or Permissive Aggregation Group of plans; 

 (ii) if this Plan is part of a Required Aggregation Group of plans, but not part of 

a Permissive Aggregation Group, and the top-heavy ratio for the group of plans exceeds sixty percent 

(60%); 

 (iii) if this Plan is part of a Required Aggregation Group and part of a 

Permissive Aggregation Group of plans, and the top-heavy ratio for the permissive aggregation group 

exceeds sixty percent (60%). 

 (j) Top-Heavy Ratio. 

 (i) If an Employer maintains one or more defined benefit plans, and an 

Employer has not maintained any defined contribution plans (including any Simplified Employee Pension 

Plan), which during the five (5) year period ending on the determination date(s) has or has had account 

balances, the top-heavy ratio for this Plan alone, or for the required or permissive aggregation group, as 

appropriate, is a fraction, the numerator or which is the sum of the present value of accrued benefits of all 

key employees as of the determination date(s) (including any part of any accrued benefit distributed in the 

five (5) year period ending on the determination date(s)), and the denominator of which is the sum of the 

present value of accrued benefits (including any part of any accrued benefit distributed in the five (5) year 

period ending on the determination date(s)), determined in accordance with Code Section 416 and the 

regulations thereunder. 

 (ii) If the Employer maintains one or more defined benefit plans, and the 

Employer maintains or has maintained one or more defined contribution plans (including any Simplified 

Employee Pension Plan), which during the five (5) year period ending on the determination date(s), has or 

has had any account balances, the top-heavy ratio for any Required or Permissive Aggregation Group, as 

appropriate, is a fraction, the numerator of which is the sum of the present value of accrued benefits under 

the aggregate defined benefit plan or plans for all key employees, determined in accordance with (1) 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0148
- 60 - 

above, and the sum of account balances under the aggregated defined contribution plan or plans for all key 

employees as of the determination date(s), and the denominator of which is the sum of the present values 

of accrued benefits under the aggregated defined benefit plan or plans, determined in accordance with (1) 

above, and the account balances under the aggregated defined contribution plan or plans for all 

Participants as of the determination date(s), all determined in accordance with Code Section 416 and the 

regulations thereunder. The account balances under a defined contribution plan in both the numerator and 

denominator of the top-heavy ratio are adjusted for any distribution of an account balance made in the five 

(5) year period ending on the Determination Date. 

 (iii) For purposes of (1) and (2) above, the value of account balances and the 

present value of accrued benefits will be determined as of the most recent Valuation Date that falls within 

or ends with the twelve (12) month period ending on the determination date, except as provided in Code 

Section 416 and the regulations thereunder for the first and second plan years of a defined benefit plan. 

The account balances and accrued benefits of a Participant (a) who is not a key employee, but who was a 

key employee in a prior year, or (b) who has not been credited with at least one (1) hour of Service with 

any Employer maintaining the Plan at any time during the one (1) year period ending on the determination 

date will be disregarded. The calculation of the top-heavy ratio, and the extent to which distributions, 

rollovers, and transfers are taken into account, will be made in accordance with Code Section 416 and the 

regulations thereunder. Deducible employee contributions will not be taken into account for purposes of 

computing the top-heavy ratio. When aggregating plans, the value of account balances and accrued 

benefits will be calculated with reference to the determination dates that fall within the same calendar 

year. The present values of accrued benefits and the amounts of account balances of an employee as of 

the determination date shall be increased by the distributions made with respect to the employee under the 

Plan and any plan aggregated with the Plan under Section 416(g)(2) of the Code during the 1-year period 

ending on the determination date. The preceding sentence shall also apply to distributions under a 

terminated plan which, had it not been terminated, would have been aggregated with the Plan under 

Section 416(g)(2)(A)(i) of the Code. In the case of a distribution made for a reason other than separation 

from service, death, or disability, this provision shall be applied by substituting “5-year period” for “1-

year period.” 

 (iv) For purposes of determining whether the Plan is top-heavy, a participant’s 

accrued benefit will be determined under a uniform accrual method, which applies in all defined benefit 

plans maintained by the employer, or where there is no such method, as if such benefit accrued no more 

rapidly than the slowest rate of accrual permitted under the fractional rule of Code Section 411(b)(1)(c). 

 The Accrued Benefit of a Participant, other than a Key Employee, shall be 

determined under (a) the method, if any, that uniformly applies for accrual purposes under all defined 

benefit plans maintained by any Employer which, when considered as a group with the Required 

Aggregation Group, would continue to satisfy the requirements of Code Sections 401(a)(4) and 410. 

 (k) Valuation Date. For each defined benefit plan sponsored by the Employer, the 

valuation date is the most recent date within the 12-month period ending on the determination date used 

for computing plan costs for minimum funding for such plan. For each defined contribution plan 

sponsored by the Employer, the valuation date is the most recent date within the 12-month period ending 

on the determination date used for annual valuation of account balances for such plan. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0149
- 61 - 

 15.2 Top-Heavy Plan Requirements. The Administrator, on each determination date, shall 

determine whether the Plan is a top-heavy or a super top-heavy plan. For any year in which the Plan is 

top-heavy or super top-heavy, the provisions of this Article will supersede any conflicting provision of the 

Plan and the following requirements shall be met: 

 (a) The vesting requirements of Section 14.3; and 

 (b) The minimum accrued benefit requirements of Section 14.4. 

 15.3 Top-Heavy Vesting Requirements. 

 (a) In lieu of the vesting requirements of Section 4.4, a Participant’s vested interest 

during any top-heavy Plan Year shall be a percentage of the Participant’s accrued benefit determined 

pursuant to the following table: 

Years of Service Vested Interest 

Less than 2 0% 

2 20% 

3 40% 

4 60% 

5 100% 

 (b) If the Plan changes to non-top-heavy status in any subsequent year, each 

Participant’s vested interest shall thereafter (during non-top-heavy years) be determined pursuant to 

Section 4.4, except that a Participant’s vested percentage shall not be reduced. Any Participant who has at 

least three (3) or more Years of Service at the time the plan becomes non-top-heavy, shall have the right 

to select the vesting schedule under which their vested Accrued Benefit will be determined. The “election 

period” shall commence on the first day of the Plan Year in which the Plan reverts to non-top-heavy 

status, and shall end sixty (60) days after the latest of: 

 (i) The date the election period commences; or 

 (ii) The date the Participant receives written notice that the Plan is no longer 

top-heavy. 

 (c) The minimum vesting schedule under this Section shall apply to all benefits within 

the meaning of Code Section 411(a)(7), except those attributable to employee contributions, including 

benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan 

became top heavy. This Section shall not apply to the accrued benefit of any employee who does not have 

an Hour of Service after the Plan has initially become top heavy, and such Employee’s vested accrued 

benefit attributable to Employer contributions will be determined without regard to this Section. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0150
- 62 - 

 15.4 Top-Heavy Minimum Accrued Benefit. 

For any Plan Year in which this Plan is determined to be a top-heavy plan, a minimum non-integrated 

benefit shall be accrued pursuant to this Plan by each non-key employee. A Participant’s Accrued Benefit 

as otherwise determined under the provisions of Article 7 shall not be less at any point in time than the 

minimum non-integrated benefit which the Participant may accrue under the provisions of this Section 

15.4. 

 For the purposes of this Section 15.4 and subject to the prior paragraph, the minimum nonintegrated benefit provided by the Employer to each non-key employee Participant (except those who have 

less than a Year of Credited Service for the Plan Year) is an amount, which when expressed as an annual 

retirement benefit, shall be no less than two percent (2%) of such non-key employee’s average annual 

compensation for his five (5) highest consecutive Years of Service, multiplied by the Employee’s Years of 

Eligibility Service with the Employer, not to exceed ten (10) years. For the purposes of the preceding 

sentence, Years of Eligibility Service with the Employer shall not include Years of Eligibility Service 

completed during any Plan Year which begins before January 1, 1984, or Years of Eligibility Service 

completed during a Plan Year for which the Plan is not a top-heavy plan or when the plan benefits (within 

the meaning of section 410(b) of the Code) no key employee or former key employee. 

 The minimum accrual applies even though, under the Plan provisions, the Participant 

would not otherwise be entitled to receive an accrual, or would have received a lesser accrual for the year 

because (i) the non-key employee fails to make mandatory contributions to the Plan; (ii) the non-key 

employee’s compensation is less than a stated amount; (iii) the non-key employee is not employed on the 

last day of the accrual computation period; or (iv) the Plan is integrated with social security. All accruals 

of Employer derived benefit, whether or not attributable to years for which the Plan is top heavy, may be 

used in computing whether the minimum accrual requirements of this Section are satisfied. 

 The minimum accrual applies even though, under the Plan provisions, the Participant 

would not otherwise be entitled to receive an accrual, or would have received a lesser accrual for the year 

because (i) the non-key employee fails to make mandatory contributions to the Plan; (ii) the non-key 

employee’s compensation is less than a stated amount; (iii) the non-key employee is not employed on the 

last day of the accrual computation period; or (iv) the Plan is integrated with social security. All accruals 

of Employer derived benefit, whether or not attributable to years for which the Plan is top heavy, may be 

used in computing whether the minimum accrual requirements of this Section are satisfied. 

 (a) For purposes of continuing the minimum accrued benefit, compensation shall 

include all compensation, as that term is defined for Code Section 415 purposes; provided, however, 

compensation shall not include compensation paid in any Plan Year after the Plan Year in which the Plan 

was last top heavy. 

 (b) No additional benefit accruals shall be provided pursuant to subsection (a) above to 

the extent that the total accruals on behalf of the Participant, attributable to the Employer contributions, 

will provide a benefit expressed as a life annuity commencing at Normal Retirement Age that equals or 

exceeds twenty percent (20%) of the Participant’s highest average compensation for the five (5) 

consecutive years for which the Participant had the highest compensation. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0151
- 63 - 

 (c) The minimum accrued benefit required (to the extent required to be non-forfeitable 

under Code Section 416(b)) may not be suspended or forfeited under Code Section 411(a)(3)(B) or (D). 

 (d) If the form of benefit is other than a single life annuity, the employee must receive 

an amount that is the Actuarial Equivalent of the minimum single life annuity benefit. If the benefit 

commences at a date other than at Normal Retirement Age, the employee must receive at least an amount 

that is the Actuarial Equivalent of the minimum single life annuity benefit commencing at Normal 

Retirement Age. 

Article 16 

Employer Withdrawal Liability 

 16.1 In General. 

 (a) An Employer that withdraws from the Plan after April 28, 1980, in either a 

complete or partial withdrawal, shall owe and pay withdrawal liability to the Plan, as determined under 

this Article and the Employee Retirement Income Security Act of 1974, as amended by the Multiemployer 

Pension Plan Amendments Act of 1980 (“ERISA”). 

 (b) For purposes of this Article, all corporations, trades or businesses that are under 

common control, as defined in regulations of the Pension Benefit Guaranty Corporation (“PBGC”), are 

considered a single Employer, and the entity resulting from a change in business form described in Section 

4218(1) of ERISA is considered to be the original Employer. 

 16.2 Withdrawal Liability. In the event that a contributing Employer completely or partially 

withdraws from the Plan (within the meaning of Section 4203 and 4205 of ERISA, respectively), the 

Trustees, in accordance with the Plan’s established policy and procedures regarding employer withdrawal 

liability, which are hereby incorporated by reference, will notify the former contributing Employer of the 

amount of its withdrawal liability and all of its obligations and responsibilities resulting from its 

withdrawal. The date of the complete withdrawal of an Employer is the date the Employer’s obligation to 

contribute ceased, or the date its covered operations ceased, whichever is earlier. A partial withdrawal of 

and Employer occurs on the last day of the Plan Year in which the Employer’s work-mix within the craft 

and area jurisdiction of the Collective Bargaining Agreement under which it is obligated to contribute to 

the Plan shifts, with the result that no more than an insubstantial portion of such work remains covered 

under the Plan. For purposes of this Section, a withdrawal is not considered to occur solely because the 

Employer temporarily suspends contributions during a labor dispute involving its Employees. In the case 

of a sale of an Employer, whether a withdrawal occurs, shall be determined consistent with the applicable 

provisions of the ERISA. 

 16.3 Unfunded Vested Liability. 

 (a) For purposes of this Article, the term “vested benefit” means a benefit for which a 

Participant has satisfied the conditions for entitlement under this Plan (other than submission of a formal 

application, retirement, or completion of a required waiting period), whether or not the benefit may 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0152
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subsequently be reduced or suspended by a Plan amendment, an occurrence of any condition, or operation 

of law, and whether or not the benefit is considered “vested” or “non-forfeitable” for any other purpose 

under the Plan. 

 (b) The Plan’s liability for vested benefits as of a particular date is the actuarial value 

of the vested benefits under this Plan, as of that date. 

 (c) The unfunded vested liability is the amount, not less than zero, determined by 

subtracting the market value of the Plan’s assets from the Plan’s liability for vested benefits. 

 16.4 DeMinimus Rule. The amount of the unfunded vested liability, allocable under Section 

4211 of the Multiemployer Pension Plan Amendments Act of 1980 to an Employer that withdraws from 

the Plan, will be reduced by the lesser of: 

 (a) Fifty Thousand Dollars ($50,0000.00) reduced dollar for dollar for which the 

Employer’s share of the Plan’s unfunded vested liability exceed One Hundred Thousand Dollars 

($100,000.00); or 

 (b) Three-fourths (3/4) of one percent (1%) of the Plan’s unfunded vested liability 

(determined as of the end of the plan year ending before the date of withdrawal), reduced dollar for dollar 

by which the Employer’s share of the Plan’s unfunded vested liability exceeds One Hundred Thousand 

Dollars ($100,000.00). 

 16.5 Method of Computing Amount of Liability. The amount of the unfunded vested liability 

allocated to an Employer that withdraws from the Plan is to be determined under Section 4211(b) of the 

Act. This method is known as the Statutory Formula or Presumptive Rule with liabilities based on the 

Employer’s proportional share of unamortized unfunded vested liabilities at the end of the Plan Year 

ending before April 29, 1980, plus a share of change in unamortized unfunded vested liabilities for each 

year of participation after April 28, 1980. (Proportional share is based on Employer share of Plan 

contributions for five (5) Plan Years preceding the Plan Year in which liability arose.) 

 16.6 Payment of Withdrawal Liability. 

 (a) For Plan Years ending on or after January 1, 1986, the amount of each annual payment of a 

withdrawing Employer to the Fund will be determined in accordance with ERISA Section 4219(c)(1)(C), 

as amended by the Act. 

 (b) In the case of a partial withdrawal, as defined in the Act, the amount computed under this 

Section shall be multiplied by the fraction determined under Section 4206(a) of ERISA, as amended. 

 16.7 Notice and Collection of Withdrawal Liability. 

 (a) General. Notice of withdrawal liability, reconsideration, determination of 

amortization period, and the maximum years of payment, will be as provided in Section 4219 of ERISA. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

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 (b) Arbitration. Any arbitration under ERISA Section 4221 will proceed in 

accordance with the Multiemployer Pension Plan Arbitration rules for Withdrawal Liability Disputes of 

the American Arbitration Association. No issue concerning the computation of withdrawal liability may 

be submitted for arbitration unless the matter has been reviewed by the Plan in accordance with Section 

4218(b)(2) of ERISA and any Plan rules adopted thereunder. 

 (c) Mass Withdrawal. Notwithstanding any other provision of this Article, if all or 

substantially all contributing Employers withdraw from the Plan pursuant to an agreement or arrangement, 

as determined under ERISA Sections 4209 and 4219(c)(1)(D), the withdrawal liability of each such 

Employer shall be adjusted in accordance with ERISA. 

 16.8 Notice to Employers. 

 Any notice that must be given to an Employer under this Article, or under Subtitle E to 

Title IV of ERISA, will be effective if given to the specific member of a commonly controlled group that 

has or has had the obligation to contribute under the Plan. 

 Notice will also be given to any other member of the controlled group that the Employer 

identifies and designates to receive notices hereunder, in accordance with a procedure adopted by the 

Trustees. 

Article 17 

Miscellaneous 

 17.1 Jurisdiction, Construction and Validity. The Trust Agreement and the Retirement Plan 

are created and accepted in the State of Ohio. All questions pertaining to the validity or construction of 

the Trust Agreement and the Pension Plan and the accounts and transactions of the parties will be 

determined in accordance with the laws of the State of Ohio. Should any provision contained in the Trust 

Agreement or the Retirement Plan or in any collective bargaining agreement pursuant to which the Trust 

Agreement is created be held unlawful, such provision will be of no force and effect, and the Trust 

Agreement, the Retirement Plan or any collective bargaining agreement will be treated as if such portion 

had not been contained herein. 

 17.2 IRS Approval. This Plan is and will be subject to obtaining the necessary approval from 

the Internal Revenue Service of the Plan and the deductibility of contributions to the Fund. In the event 

the Plan or Trust Agreement at any time requires amendment in order for the contributions to the Fund to 

be deductible, and the Plan to be qualified under the applicable provisions of the Internal Revenue Code, 

then the Board of Trustees will immediately make such amendment as necessary to accomplish such 

purposes. The administration of the Plan will be such as to maintain continued qualification on the Plan 

under the applicable provisions of the Internal Revenue Code. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0154
- 66 - 

 17.3 Uniformed Services Employment and Reemployment Rights Act of 1994 

(“USERRA”): 

 Effective Plan Years beginning after December 31, 1994, notwithstanding any provision of 

this Plan to the contrary, contributions, benefits and service credits with respect to qualified military 

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

 A person reemployed under USERRA will be treated as not having incurred a break in 

service with the Employer or Employers maintaining the Plan by reason of such person’s period or periods 

of service in the uniformed services. Each period served by a person in the uniformed services will, upon 

reemployment under USERRA, be deemed to constitute service with any Employer for the purpose of 

determining the non-forfeitability of the person’s accrued benefits and for the purpose of determining the 

accrual of benefits under the Plan. 

 An Employer reemploying a person under USERRA will, with respect to a period of 

service as described in this Section 17.3, be liable to the Pension Fund for funding any obligation of the 

Plan to provide the benefits described in Section 17.3(b), and will allocate the amount of any Employer 

contribution for the person in the same manner and to the same extent the allocation occurs for other 

employees during the period of service. For purposes of determining the amount of such liability and any 

obligation of the Plan, earnings and forfeitures will not be included. For purposes of determining the 

amount of such liability and for purposes of section 515 of ERISA, service in the uniformed services that 

is deemed to be service with the Employer will be deemed to be service with the Employer under the 

terms of the Plan or any applicable collective bargaining agreement. Liability of the Plan described in this 

paragraph will be allocated by the Plan in such manner as the Administrator provides; or if the 

Administrator does not provide, to the last Employer employing the person before the period serviced by 

the person in the uniformed services, or if such last Employer is no longer functional, to the Plan. 

 For purposes of computing an Employer’s liability, the Employee’s compensation during 

the period of service described in Section 17.3(b) shall be computed at the rate the Employee would have 

received but for the period of service described in Section 17.3(b). In the case that the determination of 

such rate is not reasonably certain, then the Employer’s liability will be computed on the basis of the 

Employee’s average rate of compensation during the 12-month period immediately preceding such period 

(or, if shorter, the period of employment immediately preceding such period). 

 Any Employer who reemploys a person under USERRA and who is an Employer 

contributing to a multiemployer plan, as defined in Section 3(37) of ERISA, under which benefits are or 

may be payable to such person by reason of the obligations set forth above, shall, within thirty (30) days 

after the date of such reemployment, provide information, in writing, of such reemployment to the 

Administrator. 

 In the case of a death or disability occurring on or after January 1, 2007, if a Participant 

dies while performing qualified military service (as defined in Section 414(u) of the Code), the survivors 

of the Participant are entitled to any additional benefits (other than benefit accruals relating to the period 

of qualified military service) provided under the Plan as if the Participant had resumed and then 

terminated employment on account of death. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

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- 67 - 

 17.4 Laws of Ohio to Apply. This Plan shall be constructed according to the laws of Ohio, to 

the extent Federal laws do not control. Any suit brought against the Board of Trustees or the 

Administrator of the Plan must be brought in either the United States Federal District Court for the 

Northern District of Ohio, Eastern Division, or before the Cuyahoga County, Ohio Court of Common 

Pleas (to the extent that such suit is not preempted by federal law). 

 17.5 Participant Cannot Transfer or Assign Benefits. None of the benefits, payments, 

proceeds, claims or rights of any Participant hereunder are subject to any claim of any creditor of the 

Participant, nor does any Participant have any right to transfer, assign, encumber, or otherwise alienate, 

any of the benefits or proceeds that he may expect to receive, contingently or otherwise, under this Plan, 

except as allowed under Code Section 401(a)(13) and ERISA Section 206(d). 

 17.6 Qualified Domestic Relations Order. Notwithstanding any restrictions on the time of 

distribution that would otherwise apply under this Plan, distributions with respect to a Qualified Domestic 

Relations Order may be made at any time required by the order. 

 17.7 Administrator Agent for Service of Process. The Administrator is designated agent to 

receive service of legal process on behalf of the Plan. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0156
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IN WITNESS WHEREOF, the undersigned, constituting the Board of Trustees of the Building 

Material Drivers Local 436 Pension Trust Fund have executed this Amendment and Restatement of the 

Agreement and Declaration of Trust, effective January 1, 2014, regardless of the date set forth herein 

 BUILDING MATERIAL DRIVERS 

 LOCAL 436 PENSION FUND 

__________________________________ _____________________________________ 

Gary M. Tiboni, Chairman Brock P. Walls, Trustee 

__________________________________ _____________________________________ 

John Fortesque, Trustee Jeffrey E. Nock, Trustee 

__________________________________ _____________________________________ 

Nicholas Magistrelli, Trustee John E. Sarrouh, Trustee 

__________________________________ _____________________________________ 

Sal Alioto, Trustee Jeffrey E. Nock, Trustee 

__________________________________ _____________________________________ 

John G. Golish, Trustee John W. Ziss, Jr., Trustee 

__________________________________ _____________________________________ 

Dennis M. Kashi, Sr., Trustee 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

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- i - 

APPENDIX 

 The following appendix represents a summary of the benefits provided by the Fund under its 

Rehabilitation Plan, which was adopted effective November 16, 2009. The Fund’s Rehabilitation Plan 

was adopted in accordance with the Employee Retirement Income Security Act of 1974 (“ERISA”), as 

amended by the Pension Protection Act of 2006 (“PPA”). In the event of a conflict between this appendix 

and the Fund’s Rehabilitation Plan, the terms of the Rehabilitation Plan will govern. A copy of the Fund’s 

Rehabilitation Plan can be obtained through the Fund Office. This appendix is subject to modification 

based on updates made by the Trustees to the Fund’s Rehabilitation Plan. 

 Pursuant to the Fund’s Rehabilitation Plan, the following adjustable benefits have been eliminated 

and are no longer available under the Plan: 

Adjustable Benefits That Have Been Eliminated 

Under The Fund’s Rehabilitation Plan 

Sixty (60) month minimum guarantee of benefit payments. Now, benefits will only be paid 

while the participant is alive. 

Disability benefits. However, this elimination will not impact participants who qualified for 

disability benefits prior to the effective date of the Fund’s Rehabilitation Plan, or participants 

who qualified prior to the acceptance of a new collective bargaining agreement. 

$5,000 lump sum death benefit for deaths occurring after the participant has retired. 

Early retirement before age 62. Early retirement is only permitted for participants who have 

attained age 62. 

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

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- ii - 

Additional Changes Implemented 

Under The Fund’s Rehabilitation Plan 

For current bargaining unit members, benefit accrual rates and employer contributions rates 

(including the 5%/10% surcharge) will remain unchanged and no adjustable benefits will be 

removed until a new collective bargaining agreement that reflects the requirements of the 

Fund’s Rehabilitation Plan is adopted and accepted by the Trustees, or the Rehabilitation 

Plan’s Default Option becomes operative. 

The Fund’s adjustable benefits (as set forth above) are eliminated from benefit options A, B, 

and C, which comprise the Fund’s Rehabilitation Plan. The benefit options (A,B, and C) 

differ only in the level of future benefit accruals that will be earned under each option 

relative to the benefit accrual that was in place before the Rehabilitation Plan was 

implemented. The benefit options are as follows: 

Option A provides 100% of the future benefit accruals available before the Rehabilitation 

Plan was adopted. 

Option B provides 50% of the future benefit accruals available before the Rehabilitation 

Plan was adopted. 

Option C provides 0% of the future benefit accruals available before the Rehabilitation Plan 

was adopted (i.e., benefits are frozen under this option). 

Default Option removes all adjusted benefits mentioned above. In addition, the PPA 

requires any monthly benefit accrual that exceeds 1% of annual contributions to be reduced 

to that level. 

For participants who are not part of the bargaining unit (i.e., vested terminated participants 

and participants receiving normal retirement or disability retirement benefits) adjustable 

benefits will be removed after the Fund has provided the required notice. The particular 

adjustable benefits that will be eliminated depend on the participant’s status in the Plan as 

follows: 

Vested Terminated Participant - $5,000 Death Benefit eliminated, Sixty (60) month 

guaranteed benefit payment eliminated, and certain restrictions have been placed on early 

retirement. 

Non-Disability Retirees - $5,000 Death Benefit eliminated. 

Disability Retirees - $5,000 Death Benefit eliminated. 

A copy of the Fund’s 2014 Rehabilitation Plan Schedules follows:

Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0159





Exhibit 7.06a 

Most recent plan document and p an amendments adopted since that restatement (Checklist Item #37)

IBT436-0165






IBT436-0172