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BRICKLAYERS & ALLIED CRAFTSMEN LOCAL 7 

PENSION FUND 

SUMMARY PLAN DESCRIPTION 

Effective May 1, 2019*

* Except as Otherwise Noted

EXHIBIT 28C BAC 7:245
To: Participants, Surviving Spouses & Beneficiaries 

We are pleased to distribute this Summary Plan Description, or SPD, to you. 

This SPD summarizes the eligibility rules for participation in the Plan, the benefits provided to 

those who are eligible and the procedures which must be followed when applying for a benefit. 

Also included is important information concerning the administration of the Plan and your rights 

as a Participant. 

Please READ THIS SPD CAREFULLY. A number of changes have occurred in this Plan since 

the last SPD was printed. Generally, this SPD applies to Active Participants who have one Hour 

of Service on or after May 1, 2019, unless otherwise stated. Participants who do not have one 

Hour of Service on or after May 1, 2019 should consult the prior SPDs covering the period they 

last had an Hour of Service or contact the Fund Office. 

From time to time, other changes in the Plan might be made. If there are any differences 

between the language in this SPD and the Agreement and Declaration of Trust or the Pension 

Plan Document, these latter documents will govern. 

This is your SPD describing your Plan. Please be certain to keep the SPD in a safe place for 

future reference. You may obtain any form mentioned in this SPD from the Fund Office (i.e. 

application forms, waiver forms, etc.) If you have questions about your Pension Plan, please do 

not hesitate to contact the Fund Office for assistance. 

Sincerely, 

Board of Trustees 

BRICKLAYERS & ALLIED CRAFTSMEN LOCAL NO. 7 PENSION FUND 

EXHIBIT 28C BAC 7:246
BRICKLAYERS & ALLIED CRAFTSMEN LOCAL NO. 7 PENSION FUND 

BOARD OF TRUSTEES 

Management Trustees Union Trustees

Doug Crowe Anthony Gradisher

Robert Cailor Shawn Bolyard

Michael Rohr Tom Dieringer

ADMINISTRATIVE MANAGER 

BeneSys, Inc. 

33 Fitch Boulevard 

Austintown, OH 44515 

(330) 779-8857 

FUND COUNSEL 

Timothy P. Piatt 

Macala & Piatt, LLC 

601 S. Main St. 

North Canton, Ohio 44720

(330) 493-1570 

SPECIAL NOTICE 

It is extremely important that you keep the Fund informed of any change in address or desired 

change in beneficiary. This is your obligation and failure to fulfill this obligation could 

jeopardize your eligibility or benefits. The importance of a current, correct address ON FILE AT 

THE FUND OFFICE cannot be overstated. It is the ONLY WAY the Trustees can keep in touch 

with you regarding Plan changes and other developments affecting your interests under the Plan. 

If any of your information, like address, marital status, or desired beneficiary, changes, you 

MUST contact the Fund Office IMMEDIATELY. 

EXHIBIT 28C BAC 7:247
TABLE OF CONTENTS 

I. DEFINITIONS .................................................................................................................. 1

II. ELIGIBILITY FOR PARTICIPATION IN THE PENSION PLAN......................... 13

III. CREDITING OF SERVICE .......................................................................................... 13

IV. TYPES OF BENEFITS .................................................................................................. 14

V. COMMENCEMENT OF BENEFITS AFTER NORMAL RETIREMENT AGE ... 28

VI. MAXIMUM BENEFIT LIMITS ................................................................................... 28

VII. TAXATION OF BENEFIT PAYMENTS .................................................................... 28

VIII. SUSPENSION OF BENEFITS ...................................................................................... 29

IX. NON-COVERED BARGAINING-UNIT EMPLOYMENT SANCTIONS ............... 31

X. MISCELLANEOUS INFORMATION ......................................................................... 31

XI. HOW TO APPLY FOR BENEFITS ............................................................................. 32

XII. STATEMENT OF YOUR RIGHTS UNDER ERISA ................................................. 35

XIII. ADDITIONAL INFORMATION REQUIRED BY ERISA ....................................... 37

EXHIBIT 28C BAC 7:248
I. DEFINITIONS

1. Accrued Benefit - The term "Accrued Benefit" means a lifetime monthly benefit beginning 

at Normal Retirement Age earned by a Participant and is in effect at any particular time 

based on such person's Years of Credited Service and the benefit formula established under 

the Plan. 

2. Active Participant - The term "Active Participant" means a Participant who has not yet 

become a retired, disabled or deceased Participant, who has not yet suffered a Forfeiture of 

Service, and who has accrued at least one Year of Service out of the two (2) preceding Plan 

Years. 

3. Actuarial Value - The term "Actuarial Value" means an amount or series of amounts of 

equivalent value. Unless otherwise specified herein, this value will be determined based 

upon the assumption and methods provided by the Plan’s Actuary. 

4. Alternate Payee - The term "Alternate Payee" means a Spouse, former Spouse, child or 

other dependent of a Participant who is recognized by a Domestic Relations Order as having 

a right to receive all, or a portion of, the benefits under this Plan, with respect to the 

Participant. 

5. Association - The term “Association” means the Association of Union Masonry Contractors. 

6. Beneficiary - The term "Beneficiary" means the person or entity designated to receive 

benefits which may be payable after death. 

When a Participant or former Participant dies, his Beneficiary shall be the Spouse to whom 

the Participant or former Participant was married at the time of death unless such Spouse has 

consented in writing to the designation of a non-Spouse Beneficiary, the consent 

acknowledges the effect of the designation and the consent is witnessed by a Plan 

representative or a notary public. 

The term "Beneficiary" for an unmarried person means the person(s) designated by the 

Participant's latest written notice to the Board of Trustees prior to his death. 

In the event no valid Beneficiary designation has been filed with the Trustees at the date of 

death of an unmarried Participant, or if the Participant is not survived by the Beneficiary 

designated, the Beneficiary shall be deemed to be the first in the following classes which is 

living at the date of the Participant’s or Former Participant’s death: 

A. Participant’s or Former Participant’s legal Spouse, if any; 

B. Participant’s or Former Participant’s legal child or children, in equal shares; 

C. If no legal Spouse or legal child/children are surviving, the death benefit will be paid to 

the Executor or Administrator of the Participant’s or Former Participant’s estate. The 

benefit will be distributed to such persons then living who would receive the Participant’s 

EXHIBIT 28C BAC 7:249
or Former Participant’s personal property either under his will or according to the laws of 

the state of legal domicile of the Participant or former Participant at the time of his death. 

7. Board of Trustees - The term “Board of Trustees” means the entity comprised of an equal 

number of Union Trustees and Management Trustees, as required by the Labor-Management 

Relations Act of 1947, as amended, and which is responsible for administering the Plan. The 

Board of Trustees shall be the Administrator as that term is used under ERISA. 

8. Break in Service - The term "Break in Service" means a Plan Year in which an eligible 

Participant fails to acquire four hundred thirty-five (435) hours worked. 

It shall not be considered a Break in Service if a Participant is unable to maintain a Year of 

Service because of an accident or illness or as a result of service in Qualified Military 

Service, provided the Fund Office is notified of the accident, illness or service in Qualified 

Military Service on a form satisfactory to the Trustees. 

A Participant who has an absence from work with an Employer due to: 

A. the Participant’s pregnancy; 

B. the birth of a child of the Participant; 

C. placement of a child with the Participant in connection with the adoption of such child by 

the Participant (including placement with the Participant for a trial period prior to 

adoption); or 

D. caring for such child for a period beginning immediately following such birth or 

placement 

shall be credited with Hours of Service. But the Participant must furnish to the Trustees such 

timely information as the Trustees may reasonably require to establish that the absence from 

work is for one of the reasons referred to above and the number of days for which there was 

such an absence. The Hours of Service shall be credited only to the Plan Year in which the 

period of absence begins if, but for such crediting, there would be a one-year Break in 

Service in such Plan Year. In any other case, the Hours of Service shall be credited to the 

next following Plan Year. The Hours of Service to be credited are the Hours of Service 

which otherwise would normally have been credited to the Participant but for such absence. 

If the number of such hours cannot be determined, eight (8) hours shall be credited per day of 

such absence. In no event, however, shall more than 435 Hours of Service be credited for 

such period of absence. Hours of Service shall be credited solely for purposes of preventing 

the occurrence of a Break in Service. 

In the case of a Participant who is entitled to a Vested Benefit but who has suffered a Break 

in Service and returns to Covered Service with an Employer, the Participant shall participate 

in the Plan immediately upon returning to such Covered Service. If a Participant who is not 

vested sustains a Break in Service, but not a Forfeiture of Service, the Participant shall 

participate immediately upon returning to Covered Service with an Employer. 

EXHIBIT 28C BAC 7:250
9. Brick and Mason Industry - The term "Brick and Masonry Industry" means any and all 

types of work covered by Collective Bargaining Agreements to which the Union is a party or 

under the trade jurisdiction of the Union, as that trade jurisdiction is described in the 

International Union's Constitution, or any other work to which a bricklayer has been 

assigned, referred or can perform because of his skills and training. The term "Brick and 

Mason Industry" shall not include employment in a related building trade unless such 

employment is on referral by and authorized by the Union. 

10. Collective Bargaining Agreement - The term “Collective Bargaining Agreement” means 

the written agreement between the Union and the signatory Employers which governs the 

wages, hours and conditions of Employees working in Covered Employment. 

11. Compensation - The term “Compensation” shall include only that compensation which is 

actually paid to the Participant during the determination period or Plan Year. 

12. Computation Period for Eligibility to Participate - The term "Computation Period" is the 

period for commencement of eligibility to participate in the Plan. It begins on the first day 

the Employee earns an Hour of Service for an Employer who is required to make 

contributions to the Plan pursuant to a written agreement and ends on the last day of the 

payroll period twelve (12) consecutive months thereafter. 

13. Contiguous Non-covered Service - The term "Contiguous Non-covered Service" means 

Non-covered Service with the same single Employer which immediately precedes or 

immediately follows Covered Service where no quit, discharge, lay-off or retirement occurs 

between such Covered Service and Non-covered Service. 

14. Contributions - The term "Contributions" means payments to the Fund by an Employer as 

required under applicable Collective Bargaining Agreements or other written agreements. 

The relevant portions of the Collective Bargaining Agreement are attached and incorporated 

by reference to the Plan Document. 

15. Covered Service - The term "Covered Service" means Service with an Employer(s) 

maintaining a Plan that is within a job classification or class of Employees covered under the 

Plan for which compensation is paid, or for which the Participant is entitled to payment, in 

accordance with the Collective Bargaining Agreement or other written agreement. 

16. Domestic Relations Order - The term "Domestic Relations Order" means a judgment, 

decree or order (including approval of a property settlement agreement) that relates to the 

provision of child support, alimony payments or marital property rights to a Participant’s or 

Former Participant’s Spouse, former Spouse, child or other dependent and is made pursuant 

to a state domestic relations law, including a community property law. 

17. Early Retirement Age - The term "Early Retirement Age" means the age prior to the 

Participant's sixty-second (62nd) birthday when he reaches age fifty-five (55), or is credited 

with ten (10) Years of Service, whichever is later. 

18. Employee - The term "Employee" means: 

EXHIBIT 28C BAC 7:251
A. All Employees represented for the purpose of collective bargaining by the Union who 

perform more than 50% of his work as bargaining unit work for an Employer who is 

required to make contributions to the Trust Fund in accordance with the collective 

bargaining agreement. These Employees shall be referred to as Collectively Bargained 

Employees. 

B. All Employees who are former Collectively Bargained Employees who are performing 

work for an Employer which is a party to a collective bargaining agreement or is/are 

Employees of the Union. These Employees shall be referred to as Bargaining Unit 

Alumni. Their participation in the Plan is permitted only if the Plan does not treat 

Bargaining Unit Alumni more favorably than similarly situated Collectively Bargained 

Employees and no more than 5% of the Participants in the Plan are Non-collectively 

Bargained Employees. For purposes of vesting and benefit accrual for Service earned on 

or after May 1, 1989, these Employees shall be considered Non-collectively Bargained 

Employees. 

C. All other Employees of the Union who are not Bargaining Unit Alumni who participate 

on a non-discriminatory basis and are not treated more favorably than similarly situated 

Collectively Bargained Employees or Bargaining Unit Alumni. These Employees shall 

be referred to as Non-collectively Bargained Employees. Effective January 1, 1993, 

Employee shall also mean all Employees who were previously employed by Bricklayers 

and Allied Craftsmen Local No. 7 who as of that date became Employees of the Ohio 

Northern District Council of Bricklayers and Allied Craftsmen, now known as Northern 

Ohio Administrative District Council, as a result of the merger of Bricklayers and Allied 

Craftsmen Local 7 into that Council. 

The term "Employee" shall not include partners or self-employed persons no matter how 

designated and such Persons are excluded from the benefits provided in this Plan. 

An Employee shall not be ineligible to participate in the benefits of this Plan because of his 

participation in a labor dispute or because of his absence from work due to such labor dispute 

or because of his being locked out by his Employer. 

19. Employer - The term "Employer" means: 

A. Employers who are parties to Collective Bargaining Agreements with the Union as a 

result of their affiliation with the Association. 

B. Any other individual, firm, association, partnership or corporation who is performing 

work within the Brick and Masonry Industry and who is bound by Collective Bargaining 

Agreements with the Union and agrees to participate in and contribute to the Trust Fund. 

The participation of Employers shall be on terms which the Trustees shall determine. 

C. If the Trustees provide and if it is not judicially determined to be a violation of any law or 

statute, the "Employer" may also include the Union and may also include the Trustees, if 

applicable, as their Employees, provided these organizations become contractually 

obligated to make contributions on behalf of their Employees, sign a copy of the 

Agreement or, in some other manner acceptable to the Trustees, consent in writing to be 

EXHIBIT 28C BAC 7:252
bound by the terms of the Agreement, and who have been accepted for participation in 

the Fund by the Trustees on terms which, in their absolute discretion, they shall 

determine. Employer shall also include any individual, firm, association, partnership, or 

corporation who has a collective bargaining agreement with the Trustees, makes 

contributions according to that agreement to the Trust Fund on Bargaining Unit Alumni 

employed by it subject to the restrictions of number 18, above. 

20. ERISA - The term “ERlSA” means the Employee Retirement Income Security Act of 1974, 

as amended. 

21. Forfeited Service - The term "Forfeited Service" means the number of Years of Service 

credited to a non-vested Participant that becomes forfeited. 

For Plan Years prior to May 1, 1985, all Service credited to a non-vested Participant shall be 

forfeited at the time the Participant suffers consecutive one (1) year Breaks in Service equal 

to or exceeding his total Years of Service. 

For Plan Years commencing on or after May 1, 1985, all Service credited to a non-vested 

Participant shall be forfeited at the time such Participant suffers consecutive one-year Breaks 

in Service equaling or exceeding the greater of five (5) or the Participant's total Years of 

Service preceding such Breaks in Service. 

No Plan benefits shall be based on hours worked for which Years of Service were credited 

that later become Forfeited Service. 

22. Former Participant - The term "Former Participant" means an individual whose 

participation has ceased but who has not incurred a Forfeiture of Service. It shall also mean 

an individual, other than a Beneficiary, who is receiving a benefit from the Plan. 

23. Future Service - The term "Future Service" means the Participant's Years of Service 

subsequent to the later of February 1, 1968, or the date the Employee becomes a Participant 

in the Plan. 

24. Hours of Service/Hours Worked -For purposes of participation, vesting and benefit accrual, 

the term "Hours of Service" or "Hours Worked" means: 

A. Each hour for which an Employee is paid or entitled to payment for the performance of 

duties for an Employer and hours for which back pay, irrespective of mitigation of 

damages, is awarded or agreed to by an Employer, to the extent that such award or 

agreement is intended to compensate an Employee for periods during which the 

Employee would have been engaged in the performance of duties for the Employer. 

B. Each hour for which an Employee is absent from work due to a maternity or paternity 

leave of absence, as defined in the Plan, for the sole purpose of determining whether a 

Break in Service has occurred. Hours of Service shall be credited only to the extent that 

they would have been credited but for such absence or if such numbers of Hours of 

Service credited under this provision exceed the minimum number of Hours of Service 

needed to prevent the occurrence of a Break in Service in the Plan Year such absence 

EXHIBIT 28C BAC 7:253
begins. However, if in the Plan Year in which such absence begins the Employee has a 

sufficient number of Hours of Service to prevent the occurrence of a Break in Service 

without regard to this provision, the Employee shall be credited with the minimum 

number of Hours of Service needed to prevent the occurrence of a Break in Service 

during the Plan Year which immediately follows the Plan Year in which the absence 

begins. No Hours of Service under this provision shall be credited unless the Employee 

furnishes to the Board of Trustees timely information as the Trustees may reasonably 

require to establish: (1) the Employee's absence from work is due to the reasons referred 

to above and (2) the number of days for which there was such an absence. 

C. Effective December 12, 1994, as required by the Uniformed Services Employment and 

Reemployment Rights Act of 1994 (USERRA), each hour for which an Employee is 

absent from work due to Qualified Military Service, as defined in Paragraph 27 of this 

section, for the sole purpose of determining whether a Break in Service has occurred. 

Hours of Service pursuant to this sub-paragraph (C) shall be credited only to the extent 

they would have been credited but for such absence, or if such number of Hours of 

Service cannot be determined, at the rate of eight Hours of Service per day of absence. In 

no event, however, shall the number of Hours of Service credited pursuant to this subparagraph (C) exceed the minimum number of Hours of Service needed to prevent the 

occurrence of a Break in Service in the Plan Year such absence begins. Notwithstanding 

the foregoing, no Hours of Service shall be credited under this sub-paragraph unless the 

Employee was in the active service of an Employer prior to such an absence due to 

Qualified Military Service, such absence did not exceed the minimum requirements of 

the Uniformed Services and Reemployment Rights Act of 1994, and any related 

regulations, and the Employee fulfills the notice requirements set forth in Paragraph 27. 

There shall be no duplication of crediting Hours of Service. Department of Labor 

Regulations Section 2530.200b-2(b) and Section 2530.200(b) are incorporated by reference. 

25. Inactive Participant - The term "Inactive Participant" means a Participant who has not yet 

become a retired, disabled or deceased Participant, has not yet suffered a Forfeiture of 

Service, and who has not accrued at least one Year of Service out of the two (2) preceding 

Plan Years. 

26. Jurisdiction of the Fund - The term "Jurisdiction of the Fund" means the industry, trade or 

craft in the geographical area over which the Bricklayers & Allied Craftsmen Local No. 7 has 

jurisdiction. 

27. Qualified Military Service - The term "Qualified Military Service" means any absence from 

work by reason of active duty in the Armed Forces of the United States. A Participant shall 

be given full credit for benefit accrual, Hours of Service, participation, vesting and Years of 

Vesting Service for time periods, not to exceed the minimum requirements of the Uniformed 

Services Employment and Reemployment Rights Act of 1994, and any related regulations, in 

which he was absent from work due to the Qualified Military Service. 

A. The time period limitation indicated above shall not include any service: 

EXHIBIT 28C BAC 7:254
i. That is required beyond five years to complete an initial period of obligated service; 

ii. During which the individual was unable to obtain orders releasing him from service 

in the uniformed services before expiration of the five (5) year period, and such 

inability was through no fault of the individual; 

iii. Performed as required pursuant to the ready reserve training requirements, required 

drills and field exercises and/or participation in field exercises, or to fulfill additional 

training requirements determined and certified in writing by the Secretary of the 

military department concerned to be necessary for professional development or for 

completion of skill training or retraining; 

iv. Performed by a member of a uniformed service who is: 

a. Ordered to or retained on active duty as a reserve pursuant to certain provisions of 

federal law or as a recall to duty or detention beyond terms of enlistment (in the 

case of the Coast Guard pursuant to certain provisions of federal law (i.e., war or 

national emergency); 

b. Ordered to or retained on active duty (other than for training) under any provision 

of law during a war or during a national emergency declared by the President or 

the Congress; 

c. Ordered to active duty (other than for training) in support, as determined by the 

Secretary of the military department concerned, of an operational mission for 

which reserve personnel have been ordered to active duty under federal law; 

d. Ordered to active duty in support, as determined by the Secretary of the military 

department concerned, of a critical mission or requirement of the uniformed 

services, or; 

e. Called into federal service as a member of the National Guard pursuant to federal 

law in the case of an insurrection, invasion, rebellion and/or danger of rebellion. 

B. Contributions shall be made for the above leave of absence by the Pension Plan or as 

otherwise determined at the discretion of the Board of Trustees of the Plan, in compliance 

with federal law. Said contributions shall be based upon the average hours reported 

monthly to the Fund over the lesser of thirty-six (36) months or the period of 

Participant’s participation immediately prior to Qualified Military Service.

C. In order for a Participant to receive continuing benefits as outlined above, said Participant 

shall notify the respective Employer with advance written or verbal notice of such 

service. A Participant upon the completion of a period of service in the uniformed 

services shall notify the Employer, as referred to in such subsection below, of the 

Participant's intent to return to a position of employment with such Employer as follows: 

i. In the case of a Participant whose period of service in the uniformed services was less 

than thirty-one (31) days, by reporting to the Employer: 

EXHIBIT 28C BAC 7:255
a. not later than the beginning of the first full regularly scheduled work period on the 

first full calendar day following the completion of the period of service and 

expiration of eight (8) hours after a period allowing for the safe transportation of 

the Participant from the place of that service to the Employee's residence; or 

b. as soon as possible after the expiration of the eight (8) hour period referred to in 

clause (a), unless reporting within the period referred to in such clause is 

impossible or unreasonable through no fault of the person. 

ii. In the case of a Participant who is absent from a position of employment for a period 

of any length for the purposes of an examination to determine the Employee's fitness 

to perform service in the uniformed services, by reporting in the manner and time 

referred to in sub-paragraph (C)(i) above. 

iii. In the case of a Participant whose period of service in the uniformed services was for 

more than thirty (30) days but less than one hundred eighty one (181) days, by 

submitting an application for reemployment with the Employer not later than fourteen 

(14) days after the completion of the period of service, or if submitting such 

application with such period is impossible or unreasonable through no fault of the 

Participant, the next first full calendar day when submission of such application 

becomes possible. 

iv. In the case of a Participant whose period of service in the uniformed services is for 

more than one hundred eighty (180) days, by submitting an application for 

reemployment with the Employer not later than ninety (90) days after the completion 

of the period of service. 

D. Furthermore, in order to restore the above pension rights, the Participant must notify the 

Fund Office in writing, within sixty (60) days of his discharge, of his intent to return to 

work. 

E. Upon a Participant's honorable discharge from Qualified Military Service, the Employee's 

eligibility status under the Plan will be restored to the status that existed when he entered 

Qualified Military Service, provided the Participant fulfills the notice and documentation 

requirements outlined above. In addition to said notice, the Participant shall also supply 

the Fund Office with copies of his discharge papers showing the date of his induction or 

enlistment in Qualified Military Service and the date of his discharge. Failure on the part 

of the Participant to file such documentation with the Fund Office and/or provide the 

above notice may be deemed an indication that the Participant does not wish to restore 

his eligibility status under the Plan. 

F. A Participant who is hospitalized for, or convalescing from, an illness or injury incurred 

in, or aggravated during, the performance of service in the uniformed services shall, at 

the end of the period that is necessary for the person to recover from such illness or 

injury, report to the person's Employer (in the case of a person described in subparagraph (C)(i) or (C)(ii) above), or submit an application for reemployment with such 

Employer (in the case of a person described in sub-paragraph (C)(iii) or (C)(iv) above). 

EXHIBIT 28C BAC 7:256
The period of recovery may not exceed two years. However, this shall be extended by 

the minimum time period to accommodate the circumstances beyond such person's 

control which make reporting within the period specified above impossible or 

unreasonable. 

28. Non-covered Employment - The term "Non-covered Employment" means self-employment 

in the Brick and Masonry Industry or employment for an Employer which does not have a 

Collective Bargaining Agreement between the Union and the Employer. 

29. Non-covered Service - The term "Non-covered Service" means Service with an Employer 

maintaining the Plan which is not Covered Service. 

30. Non-vested Participant - The term "Non-vested Participant" means a Participant who has 

less than five (5) Years of Service. 

31. Normal Retirement Age - The term “Normal Retirement Age” means the earlier of:

A. The time the Participant attains age sixty-two (62) and has been credited with five (5) or 

more Years of Service; or 

B. The later of: 

i. Age sixty-five (65); or 

ii. The fifth (5th) anniversary of the time the Participant first commenced participation in 

the Plan. 

32. Normal Retirement Date - The term “Normal Retirement Date” means the first day of the 

month coincident with or immediately following the Participant's Normal Retirement Age. 

33. Participant - The term “Participant” means an Employee who is eligible to participate in the 

Plan. 

34. Plan - The term “Plan” means the Bricklayers & Allied Craftsmen Local No. 7 Pension Plan 

and any amendments thereto. 

35. Plan Year - The term “Plan Year” means the twelve-month period beginning May 1 and 

ending the following April 30. 

36. Qualified Domestic Relations Order - 

A. The term "Qualified Domestic Relations Order" means a Domestic Relations Order 

which creates or recognizes the existence of an Alternate Payee's right to, or assigns to an 

Alternate Payee the right to, receive all or a portion of the benefits payable with respect 

to a Participant under the Plan which clearly specifies: 

EXHIBIT 28C BAC 7:257
i. The name and the last known mailing address (if any) of the Participant or Former 

Participant, the name and mailing address of each Alternate Payee covered by the 

Order; 

ii. The amount or percentage of the Participant's or former Participant's benefits to be 

paid by the Plan to each such Alternate Payee, or the manner in which such amount or 

percentage is to be determined. 

iii. The number of payments or period to which such Order applies; and 

iv. Each Plan to which such Order applies. 

B. In addition, a Domestic Relations Order will be considered a Qualified Domestic 

Relations Order only if such Order: 

i. Does not require the Plan to provide any type or form of benefit, or any option, not 

otherwise provided under the Plan; 

ii. Does not require the Plan to provide increased benefits (determined on the basis of 

actuarial value) and; 

iii. Does not require the payment of benefits to an Alternate Payee which are required to 

be paid to another Alternate Payee under another Domestic Relations Order 

previously determined to be a Qualified Domestic Relations Order. 

C. The Plan maintains an internal procedure for the processing of all Qualified Domestic 

Relations Orders. You may obtain a copy of such procedure from the Administrative 

Manager. 

37. Qualified Joint and Survivor Annuity - The term "Qualified Joint and Survivor Annuity 

means a form of benefit which provides monthly payments to the Retired Participant for life, 

with a Survivor Benefit for the life of the Spouse, if surviving upon the Retired Participant's 

death, in an amount equal to either 50%, 75% or 100% of the amount paid to the Retired 

Participant, depending on the benefit chosen. 

38. Qualified Pre-retirement Survivor Annuity - The term "Qualified Pre-retirement Survivor 

Annuity" means a survivor annuity for the life of the Surviving Spouse of the Participant and 

payable in accordance with the Plan provisions. 

39. Reciprocity Hours Worked - If the Board of Trustees enters into money-follows-the-man 

reciprocity agreements, such agreements shall be a part of this Plan and all hours transferred 

into this Plan under such agreements shall be credited as hours worked for crediting Service 

under this Plan. 

40. Same Geographic Area - The term "Same Geographic Area" means the State of Ohio and 

portions of those states located as a part of a Standard Metropolitan Statistical Area, as 

defined by the U.S. Census Bureau. 

EXHIBIT 28C BAC 7:258
41. Same Industry - The term "Same Industry" is defined as work within the Brick and Masonry 

Industry and as in accordance with the definitions contained within the Collective Bargaining 

Agreement. 

42. Same Trade or Craft - The term "Same Trade or Craft" means a trade or craft in which a 

Participant was employed at any time prior to his retirement under the Plan and shall include 

any supervisory or managerial activity as contained in the provisions of the Collective 

Bargaining Agreement. 

43. Spouse or Eligible Spouse - The term "Spouse" or "Eligible Spouse" means the Participant’s

legal Spouse who has been married to the Participant for at least one year at the time a Preretirement Death Benefit is first payable, or the Participant’s legal Spouse who has been 

married to the Participant at least one year at the first time the Participant commences 

receiving retirement benefits provided by this Plan. 

44. Terminated Participant - The term “Terminated Participant" means a Vested Employee who 

has not accrued at least one (1) Year of Service during the two (2) preceding Plan Years. 

45. Total and Permanent Disability - Effective May 1, 2009, the term “Total and Permanent 

Disability” means the Participant must be disabled before May 1, 2009 as determined by the 

Social Security Administration. 

A Participant shall be considered totally and permanently disabled if the Trustees find, on the 

basis of medical evidence, a physical or mental condition of a Participant which completely 

prevents such Participant from engaging in work for wage or profit within the same industry, 

trade or craft and, in the opinion of the medical examiner, the disability will be permanent 

and continuous during the remainder of the Participant's life. No Participant, however, shall 

be deemed to be totally and permanently disabled under the Plan if his incapacity consists of 

addiction to narcotics or, if such disability was contracted, suffered or incurred while he was 

engaged in a felonious enterprise, or resulted therefrom, or resulted from an intentionally 

self-inflicted injury, or from an injury, wound or disability suffered or arising out of a state of 

war, declared or undeclared. 

46. Trustees - The term "Trustees" means any person designated as a Trustee in accordance with 

the Amended Agreement and Declaration of Trust or his successor(s). The Trustees 

collectively means the Administrator, as that term is used in ERISA. The term "Employer 

Trustees" means the Trustees selected by the Association. The term "Union Trustees" means 

the Trustees selected by the Union. The designation of Employer Trustee or Union Trustee 

does not affect or alter the duty of each Trustee appointed to act in a fiduciary capacity. 

47. Union - The term "Union" means the Bricklayers & Allied Craftsmen Local No. 7. 

48. Vested Participant - The term "Vested Participant" means a Participant who has met the 

Plan's eligibility requirements to be entitled to a non-forfeitable benefit upon retirement. 

However, the Plan may pursue a reduction in vested benefits, but only to the extent and in 

accordance with the procedures set forth in the Multiemployer Pension Reform Act of 2014 

(“MPRA”). Such a reduction would require a vote of participants and beneficiaries in 

EXHIBIT 28C BAC 7:259
accordance the rules and procedures of the United States Departments of Treasury and Labor, 

and the Pension Benefit Guarantee Corporation. 

49. Vesting and Benefit Accrual Computation Period - The term "Vesting and Benefit 

Accrual Computation Period" means the Plan Year. 

50. Year of Service - The term "Year of Service" or "Service" means the number of years for 

which a Participant receives credit on the records of the Fund. Service shall be equal to the 

number of Years of Past Service plus the number of Years of Future Service and shall be 

used for Participation, Vesting, and Eligibility for Benefits and Benefit Accrual. 

A. Past Service: Past Service shall be granted to a Participant who worked in the 

jurisdiction of the Union on or before February 1, 1968. One (1) Year of Past Service 

shall be granted to a Participant for each Plan Year that the Participant worked in the 

jurisdiction of the Union during the period of February 1, 1948 to February 1, 1968. Any 

Past Service as otherwise granted shall be canceled upon the Employee suffering a 

Forfeiture of Service after February 1, 1968. If a Participant performs at least one hour of 

non-covered brick and masonry employment within the same geographical area of the 

Fund on or after May 1, 1994, then he shall lose all Past Service for the purpose of 

calculating his benefit amount, provided that such loss of Past Service credits shall not 

decrease the Participant's accrued Normal Retirement Benefit to an amount less than his 

accrued Normal Retirement Benefit. 

B. Future Service: Future Service shall be granted to a Participant after February 1, 1968. 

Prior to May 1, 1976, one (1) Year of Future Service shall be granted to a Participant for 

each Plan Year during which he receives contribution credits on the records of the Fund. 

Service on and after May 1, 1976: On and after May 1, 1976, one Year of Service shall be 

granted to a Participant who has met the requirements for initial eligibility to participate in 

this Plan. Subsequent Years of Service shall be earned by a Participant who has four 

hundred thirty-five (435) hours of work within a Plan Year beginning with the Plan Year 

which includes the first anniversary of the Participant's employment commencement date. 

The total Service of the Participant shall not include any Years of Breaks in Service. 

A Participant shall be credited Qualified Military Service to the extent required by applicable 

law, but only if the Participant returns to service with an Employer within such time as 

reemployment rights are guaranteed by law. Otherwise, service in the Armed Forces of the 

United States shall be disregarded in computing Years of Vesting Service. 

For purposes of determining Years of Service, all Covered Service and all Contiguous Noncovered Service with an Employer maintaining the Plan shall be taken into account; 

provided, however, no Contiguous Non-covered Service shall be credited to the Fund unless 

the Employer or Participant notifies the Administrator of the hours worked by the participant 

in Non-covered Service within ninety (90) days after the date of participation or the Plan 

Year, whichever is later. 

EXHIBIT 28C BAC 7:260
II. ELIGIBILITY FOR PARTICIPATION IN THE PENSION PLAN 

If you were a Participant in the original Plan prior to May 1, 1976, you will be a Participant in 

the Plan as of May 1, 1976. 

Each person who becomes an Employee on or after May 1, 1976 must work 435 hours within the 

Computation Period for Eligibility. Once he does that, he will become a Participant upon the earlier 

of (1) November 1, or (2) the beginning of the following Plan Year. If an Employee does not 

become a Participant within the first Computation Period for Eligibility, the Employee must meet 

the requirements of participation within subsequent twelve-month periods as if he were a new 

Employee first beginning to work for an Employer. 

For example, if you become an Employee on March 1, 2020 and you reach 435 hours worked on 

August 1, 2020, you will become a Participant in the Bricklayers & Allied Craftsmen Local No. 

7 Pension Fund on November 1, 2020 (Since November 1, 2020 is earlier than May 1, 2021, 

which is the beginning of the following plan year). 

Once you become a Participant, your eligibility for continued participation will be measured by 

Service within a Plan Year (each May 1 through April 30). In the event you suffer Forfeited 

Service, when you return to the status of an Employee, you will be required to meet the 

foregoing requirements before again becoming a Participant. 

III. CREDITING OF SERVICE 

For service before May 1, 1976: See prior Summary Plan Descriptions, or the Plan Document. 

You may also contact the Fund Office for this information. 

For service on and after May 1, 1976: On and after May 1, 1976, one Year of Service will be 

granted to you if you have met the requirements for initial eligibility to participate in the Plan. 

You will earn subsequent Years of Service for each Plan Year during which you have a total of 

four hundred thirty-five (435) hours of work in Covered Employment. 

If you work less than four hundred thirty-five (435) hours in Covered Employment within a Plan 

Year, you will have a Break in Service. Your total Service will not include any Years of Breaks 

in Service. If, after May 1, 1985, you have consecutive one-year Breaks in Service which equal 

or exceed the greater of five (5) or your Years of Service credited before your Breaks in Service, 

your Years of Service prior to your Breaks in Service will be forfeited. For example, if you have 

three (3) Years of Service and then fail to work four hundred thirty-five (435) hours in Covered 

Employment each of the following five (5) Plan Years, your three (3) Years of Service prior to 

the Breaks in Service will be Forfeited Service. Your total Service will not include any Years of 

Forfeited Service. In addition, no Plan benefits will be based on contributions for which Years 

of Service were credited that later became Forfeited Service. If you are a Vested Participant, you 

cannot forfeit Service under this Plan, subject to potential reductions pursuant to MPRA (see 

pages 11-12 of this SPD, defining the term Vested Participant). 

For purposes of determining a Year of Service, all of your Covered Service with an Employer 

and all Contiguous Non-covered Service with an Employer maintaining the Plan shall be taken 

into account. However, no Contiguous Non-covered Service shall be credited to the Fund unless 

EXHIBIT 28C BAC 7:261
the Employer or Participant notifies the Administrator of the hours worked by the Participant in 

Non-covered Service within ninety (90) days after the date of participation or the Plan Year, 

whichever is later. 

All of your Years of Continuous Service will count in the determination of your eligibility for 

benefits and vesting. 

IV. TYPES OF BENEFITS 

The different benefits available are: 

A. Normal Retirement Benefits 

B. Early Retirement Benefits 

C. Total and Permanent Disability Benefits 

D. Death Benefits 

E. Deferred Vested Benefits 

No Participant shall be eligible for more than one class of benefits at the same time. 

To the extent payment of a pension benefit commences after the 1st day of the month following 

receipt of the completed retirement application, the Plan will pay retroactive monthly payments 

along with interest pursuant to IRS Regulations. 

Normal Retirement Benefits 

Eligibility for Normal Retirement Benefit: You will be eligible to apply for a Normal 

Retirement Benefit provided you have reached your Normal Retirement Age and have retired 

from employment with all Employers in the jurisdiction of this Plan. 

Amount of Normal Retirement Benefit: The amount of your Normal Retirement Benefit will 

be equal to your Past Service Benefit, if any, plus your Future Service Benefit, as follows: 

Past Service Benefit - Your Past Service Benefit will be determined based on your 

Countable Years of Past Service multiplied by One Dollar ($1.00). 

Future Service Benefit - At the time of your retirement, your Future Service Benefit will 

be equal to a percentage of Employer contributions made on your behalf to the Fund on 

or after February 1, 1968 and based on the Future Service crediting rate in effect at the 

time you were last considered to be an Active Participant of the Plan. 

For Active Participants who retire on or after May 1, 2006, the Future Service Benefit is 

as follows: 

 4.1% of Employer contributions for work from 02/01/1968 – 04/30/2003, plus 

 3.0% of Employer contributions for work from 05/01/2003 – 04/30/2005, plus 

EXHIBIT 28C BAC 7:262
 1.0% of Employer contributions for work from 05/01/2005 – 04/30/2006, plus 

1.0% of the first $2.00 of Employer contributions for work from 05/01/2006 –

04/30/2016, plus 

0.3% of the first $6.66 of Employer contributions plus 1.0% of Employer 

contributions in excess of $6.66 for work after 05/01/2016.

For example, if you retire on July 1, 2020 at sixty two (62) years of age with at least five 

(5) years of service and at least one (1) year of service after May 1, 1997, after having 

worked in the jurisdiction of Bricklayers & Allied Craftsmen Local No. 7, since 1979 

with the following contributions made on your behalf: 

Work Period Amount of Contributions

February 1, 1979 – April 30, 2003 $ 50,000.00

May 1, 2003 – April 30, 2005 $ 5,000.00

May 1, 2005 – April 30, 2006 $ 3,000.00

May 1, 2006 – April 30, 2016 $ 2,000.00 2

May 1, 2016 – June 30, 2020 at 

$6.66/hour

$ 4,000.00 3

Your monthly benefit will be calculated as follows: 

$50,000 x 4.1% = $ 2,050.00

$5,000 x 3.0% = $ 150.00

$3,000 x 1.0% = $ 30.00

$2,000 x 1.0% = $ 20.00

$4,000 x 0.3% = $ 12.00

Normal Retirement Benefit = $ 2,262.00

Commencement of Normal Retirement Benefit: Upon meeting the eligibility requirements for 

the Normal Retirement Benefit, you will become entitled to receive your Normal Retirement 

2 This represents only the “credited” portion of contributions (1.0% of the first $2.00 of 

Employer contributions) for work during this period. 

3 This represents only the “credited” portion of contributions (.3% of the first $6.66 of 

contributions) for work during this period. An additional 1% of contributions in excess of $6.66 

will be added for work during this period. 

EXHIBIT 28C BAC 7:263
Benefit effective with the first day of the month following receipt of your application. You will 

continue to receive your benefit monthly for life. 

Unless you elect otherwise or if you do not have a surviving Spouse, the Normal Retirement Benefit 

will be paid as a Qualified Joint and 50% Survivor Benefit. 

If, as of May 1, 2009, you have not commenced receiving pension benefits, the sixty (60) month 

guarantee of benefit payments has been changed to a life only benefit. This benefit is payable to a 

Participant over his lifetime. 

If you retire on or after May 1, 2009, you can elect the sixty (60) month guarantee with a monthly 

reduction in benefit. The reduction in the monthly benefit will depend upon the retirement age of 

the participant as provided in the following table: 

Cost of 60 Month Guarantee Optional Benefit Form

Age % Reduction

62 1.86%

63 2.08%

64 2.33%

65 2.61%

66 2.92%

67 3.25%

68 3.61%

69 4.00%

If you become eligible for Normal Retirement and do not apply for your benefit by the 60th day 

after the close of the Plan Year during which you become eligible, the Fund Office will notify 

you of your eligibility. If the Fund Office does not thereafter receive your application, you will 

be deemed to have elected to postpone commencement of your benefits. 

Note: Your Normal Retirement Benefit may not exceed the maximum benefit allowed by law. 

Early Retirement Benefits 

Eligibility for Early Retirement Benefit: You will be eligible to apply for an Early Retirement 

Benefit provided you are at least age fifty-five (55), but younger than your Normal Retirement 

Age, have ten (10) Years of Service and have retired from employment in the Brick and Masonry 

Industry within the jurisdiction of the Plan. 

Form of Benefit: Unless the Participant elects otherwise or has no surviving Spouse, the Early 

Retirement Benefit will be paid as a Joint & 50% Survivor Benefit. 

For a Participant who has not yet commenced receiving pension benefits, the sixty (60) month 

guarantee of benefit payments has been changed to a life only benefit. This benefit is payable to a 

Participant over his lifetime. 

EXHIBIT 28C BAC 7:264
A Participant who retired on or after May 1, 2009 can elect the sixty (60) month guarantee with a 

monthly reduction in benefit. The reduction in the monthly benefit will depend upon the retirement 

age of the participant as provided in the following table: 

Cost of 60 Month Guarantee Optional Benefit Form

Age % Reduction Age % Reduction

55 0.86% 63 2.08%

56 0.96% 64 2.33%

57 1.07% 65 2.61%

58 1.19% 66 2.92%

59 1.33% 67 3.25%

60 1.48% 68 3.61%

61 1.66% 69 4.00%

62 1.86%

Amount of Early Retirement Benefits: For Participants who were eligible to retire prior to 

May 1, 2009, the Early Retirement Benefit shall be a monthly benefit equal to the Participant’s 

Normal Retirement Benefit, as described above, reduced at the rate of one-third (1/3) of one 

percent (1%) for each month the Participant is younger than age sixty two (62) on the 

commencement date of his Early Retirement 

For Participants who were not eligible to retire prior to May 1, 2009, the Early Retirement 

Benefit shall be a monthly benefit equal to the Participant’s Normal Retirement Benefit, as 

described above, reduced at the rate at 7% per year or .583% for each month the Participant is 

younger than age 62 on the commencement date of his Early Retirement Benefit. 

Based upon the example under the Normal Retirement Benefit, assuming you were not eligible 

to retire prior to May 1, 2009, if your benefit accrued at Normal Retirement Age is $2,262.00 per 

month, but you elect to retire at age fifty-five (55), your Early Retirement Benefit would be 

calculated as follows: 

Normal Retirement Benefit 

(prior to reduction for Early 

Retirement):

= $ 2,262.00

Early Retirement reduction of 

49% (7% per year under age 

62)

= ($1,108.38)

Early Retirement Benefit: = $ 1,153.62

Commencement of Early Retirement Benefit: Upon meeting the eligibility requirements for 

an Early Retirement Benefit you will become entitled to receive your Early Retirement Benefit 

EXHIBIT 28C BAC 7:265
effective as of the first day of the month following the receipt of your application. You will 

continue to receive your benefit monthly for your remaining lifetime. 

Note: Your Early Retirement Benefit may not exceed the maximum benefit allowed by law. 

Total and Permanent Disability Benefits 

Effective May 1, 2009, to be eligible for Permanent Total Disability Benefit, you must be 

disabled before May 1, 2009 as determined by the Social Security Administration. Disability 

benefits are eliminated for Participants who become disabled on or after May 1, 2009. For those 

Participants who have retired under the Total and Permanent Disability Benefit prior to May 1, 

2009, your benefits are not affected. 

Amount of Total and Permanent Disability Benefit: Your Total and Permanent Disability 

Benefit will be a monthly benefit equal to seventy percent (70%) of your total accrued benefit, as 

calculated for a Normal Retirement Benefit. For example, if the Social Security Administration 

determines that you became disabled on April 1, 2009 and your total accrued benefit is 

$2,262.00, your Total and Permanent Disability Benefit is $1,583.40 ($2,262.00 x 70%). 

Commencement of Total and Permanent Disability Benefit: You will become entitled to 

receive your Total and Permanent Disability Benefit effective as of the first day of the month 

next following receipt of your application by the Trustees. You will receive your benefit 

monthly during continued eligibility for disability benefits, with the last payment to be made on 

the earlier of the first day of the calendar month following the month you attain age fifty-seven 

(57) or the first day of the calendar month preceding your death. 

Termination of Total and Permanent Disability Benefit: Your Total and Permanent 

Disability Benefits will be terminated if: 

A. You engage in or perform work within the Same Industry, as contained in the provisions 

of the Collective Bargaining Agreement. 

B. The Trustees determine on the basis of medical findings that you have sufficiently 

recovered to resume a regular occupation or employment for profit or remuneration 

within the Same Industry, Trade or Craft, 

C. You refuse to undergo a medical examination requested by the Trustees; provided, 

however, this may not be required more frequently than once per year, or 

D. You attain fifty-seven (57) years of age. 

At such time as a Participant who is receiving a Total and Permanent Disability Benefit from the 

Plan reaches the age of fifty-seven (57), his benefit will be terminated. Thereafter, the disabled 

Participant will be offered the right to receive an Early Retirement Benefit as a straight-life form 

of payment or to defer the commencement of future benefits until his Normal Retirement Age. 

EXHIBIT 28C BAC 7:266
A married Participant and Spouse at that time also will be offered the right not to receive a 

Qualified Joint and Survivor Benefit. 

Reemployment after Termination of Total and Permanent Disability Benefits: In the event 

your Total and Permanent Disability Benefit is terminated under the Plan, and you retire under 

the Plan in the future, the calculation of your reinstated benefits will include any additional 

benefits earned during your period of reemployment. 

Normal Form of Benefit for Married Participants (Qualified Joint and Survivor Benefit) 

Qualified Joint and Survivor Benefit -The Qualified Joint and 50% Survivor Benefit provides 

a reduced monthly income to the Retired Participant for his lifetime, with a Survivor Benefit for 

the life of the Spouse, if surviving at the time of the Retired Participant's death, which is equal to 

fifty percent (50%) of the amount that is payable to the Retired Participant. 

An optional Qualified Joint and 100% Survivor Benefit is also available which provides a 

reduced monthly income to the Retired Participant for his lifetime, with a Survivor Benefit for 

the life of the Spouse, if surviving at the time of the Retired Participant's death, which is equal to 

one hundred percent (100%) of the amount that is payable to the Retired Participant. 

An optional Qualified Joint and 75% Survivor Benefit is also available which provides a reduced 

monthly income to the Retired Participant for his lifetime, with a Survivor Benefit for the life of 

the Spouse, if surviving at the time of the Retired Participant's death, which is equal to 75% of 

the amount that is payable to the Retired Participant. 

Eligibility for Qualified Joint and Survivor Benefit: If you have a Spouse at the date of your 

retirement, your Normal or Early Retirement Benefit to which you are entitled will be payable in 

the form of a Qualified Joint and Survivor Benefit, unless both you and your Spouse elect not to 

receive your benefit in this form. 

Right of Election: Qualified Joint and Survivor Benefit: In lieu of the Qualified Joint and 

Survivor Benefit, a Participant may waive the Qualified Joint and Survivor Benefit. In order that 

each Participant may have an adequate opportunity to make an election, an election period is 

established under the Plan which in the case of the Qualified Joint and Survivor Benefit shall 

begin no more than one hundred eighty (180) days or less than thirty (30) days prior to the 

Participant's benefit commencement date. During the election period each Participant shall have 

the right to receive a written explanation of: (a) the terms and conditions of the Qualified Joint 

and Survivor Benefit and the relative value of optional forms of benefits; (b) the Participant's 

right to make an election to waive the Qualified Joint and Survivor Benefit; (c) the right of the 

Participant's Spouse to consent to any election to waive the Qualified Joint and Survivor Benefit; 

(d) the right of the Participant to revoke such election and effect of such revocation; and (e) any 

other explanation required under Section 401(a)(11)(E) or 417(a)(3)(A) of the Internal Revenue 

Code and any regulations thereunder. 

The Participant, with proper spousal consent, may elect to waive the thirty (30) day notice 

requirement and elect to commence benefits under this Plan at least seven (7) days after the 

explanation of benefits has been provided to them. 

EXHIBIT 28C BAC 7:267
Any election to waive the Qualified Joint and Survivor Benefit shall not take effect unless one of 

the following conditions is satisfied: 

A. The Spouse of the Participant consents in writing to such election, the Spouse's consent 

acknowledges the effect of such election and is witnessed by a Plan representative or a 

notary public. 

B. It is established to the satisfaction of a Plan representative that the consent required under 

sub-section (A) above may not be obtained because there is no Spouse, because the 

Spouse cannot be located, or because of such other circumstances as the Secretary of 

Treasury regulations prescribe. 

Any consent by a Spouse, or establishment that the consent of a Spouse cannot be obtained, shall 

be effective only with respect to such Spouse. 

A Participant may revoke any election previously made if made prior to the commencement of 

the payment of benefits under this Plan. The number of revocations shall not be limited. An 

election may not be revoked after payment of benefits has commenced. All elections and 

revocations must be made on the appropriate forms available from the Fund Office and shall be 

effective only upon completing, signing and filing of the form with the Administrative Manager. 

Amount of Qualified Joint and Survivor Benefit: The Qualified Joint and Survivor Benefit 

provides a reduced monthly benefit that represents the actuarial equivalent of the Normal or 

Early Retirement Benefit to which the Participant is otherwise entitled. The factors needed to 

determine the reduced amount of monthly income is obtained from a Table of Factors that has 

been prepared by the Plan actuary and is based on the age of the Participant and the Participant's 

Spouse. The amount of the monthly benefit will be calculated by multiplying the appropriate 

factor from the Table of Factors by the monthly amount of the Normal or Early Retirement 

Benefits. 

In accordance with the Qualified Joint and 50% Survivor Benefit provisions, upon the death of 

the Participant, fifty percent (50%) of the monthly benefit (or 75% or 100% of the monthly 

benefit under the optional Qualified Joint and 75% or 100% Survivor Benefit), which had been 

payable to the Participant shall be continued to the Participant's Surviving Spouse for her 

remaining lifetime. 

If the Retired Participant's Spouse should pre-decease the Retired Participant, the amount of the 

Retired Participant's benefit will be increased to the amount of the benefit that would have been 

payable if the Retired Participant had not elected the Qualified Joint and Survivor Benefit to be 

effective on the first day of the month following the Spouse’s death. 

For example, if your Normal Retirement Benefit is $2,262.00 per month and you are age sixtytwo (62) and your Spouse is age sixty (60), your Qualified Joint and 50% Survivor Benefit 

would be calculated as follows: 

Normal Retirement Benefit = $2,262.00/month

Qualified Joint & 50% Survivor Benefit = $1,967.94/month 

EXHIBIT 28C BAC 7:268
(87% factor) (Retired Participant’s Benefit)

50% Spouse’s Benefit 

(if surviving upon Participant’s death)

= $983.97/month 

(50% of $1,967.94)

If your Spouse should pre-decease you, your benefit would be increased to $2,262.00 per month 

for your remaining lifetime, to be effective on the first day of the month following your Spouse's 

death. 

For Retired Participants who have elected the optional Qualified Joint and 75% Survivor Benefit, 

your Qualified Joint and 75% Survivor Benefit would be calculated as follows based on your age 

of sixty-two (62) and your Spouse's age of sixty (60): 

Normal Retirement Benefit = $2,262.00/month

Qualified Joint & 75% Survivor Benefit 

(81% factor)

= $1,832.22/month 

(Retired Participant’s Benefit)

50% Spouse’s Benefit 

(if surviving upon Participant’s death)

= $1,374.17/month 

(75% of $1,832.22)

If your Spouse should pre-decease you, your benefit would be increased to $2,262.00 per month 

for your remaining lifetime, to be effective on the first day of the month following your Spouse's 

death. 

For Retired Participants who have elected the optional Qualified Joint and 100% Survivor 

Benefit, your Qualified Joint and 100% Survivor Benefit would be calculated as follows based 

on your age of sixty-two (62) and your Spouse's age of sixty (60): 

Normal Retirement Benefit = $2,262.00/month

Qualified Joint & 100% Survivor Benefit 

(76% factor)

= $1,719.12/month 

(Retired Participant’s Benefit)

100% Spouse’s Benefit 

(if surviving upon Participant’s death)

= $1,719.12/month 

(100% of $1,719.12)

If your Spouse should pre-decease you, your benefit would be increased to $2,262.00 per month 

for your remaining lifetime, to be effective on the first day of the month following your Spouse's 

death. 

Commencement of Qualified Joint and Survivor Benefit: You will become entitled to receive 

your Qualified Joint and Survivor Benefit effective as of the first day of the month next 

following the receipt of your application by the Trustees. 

All monthly benefits under the Qualified Joint and Survivor Benefit provisions will continue for 

the lifetime of the Participant, with the last payment to be made on the first day of the calendar 

EXHIBIT 28C BAC 7:269
month preceding the Participant's death. Monthly benefits will be continued thereafter to the 

Spouse in accordance with the Plan provisions. 

Note: Your Qualified Joint and Survivor Benefit may not exceed the maximum benefit allowed 

by law. 

Death Benefits 

Qualified Pre-retirement Survivor Benefits: 

A. If you have reached age fifty-five (55) and completed at least five (5) Years of Service 

prior to your death, a death benefit will be payable to your Surviving Spouse as of the 

first day of the month following receipt of application by the Trustees, with payment to 

be made retroactive to the first day of the month following the date of your death. 

The benefits payable to your Surviving Spouse will be equal to the amount which she 

would have received had you retired under the Qualified Joint and 50% Survivor Benefit 

on the day before the date of your death. Payment of such benefit to the Surviving 

Spouse shall commence on the earliest date on which, under the Plan, the deceased 

Participant could have elected to receive benefits and should be paid monthly thereafter, 

ceasing with the month in which the death of such spouse occurred. 

B. If you are a Vested Participant with at least five (5) Years of Service and you die prior to 

attaining age fifty-five (55), a Qualified Pre-retirement Survivor Benefit will be payable 

to your Surviving Spouse. The Qualified Pre-retirement Survivor Benefit is equal to the 

benefit that would have been paid to your Spouse under the following circumstances: 

i. You had separated from Service on the date of your death; 

ii. You had survived to the first day of the month after your attainment of age fifty-five 

(55); and 

iii. You had commenced receiving payments under the Qualified Joint and 50% Survivor 

Benefit provisions on the first day of the month after your attainment of age fifty-five 

(55) and then immediately died. 

Payment of such benefit to the Surviving Spouse shall commence on the earliest date on 

which, under the Plan, the deceased Participant could have elected to receive benefits and 

should be paid monthly thereafter, ceasing with the month in which the death of such 

spouse occurred. 

C. Effective May 1, 2009, for any Pre-Retirement Death Benefit that has not yet commenced 

and coverage has not been waived, a charge will be implemented for such coverage that 

entitles the surviving spouse to receive 50% of your Joint and Survivor Benefit for the 

rest of her lifetime. Such coverage may be maintained with a reduction in benefits for 

each month the coverage is in effect. 

EXHIBIT 28C BAC 7:270
The reduction in a Participant’s monthly benefit will depend upon the Participant’s age at 

which he elects coverage and the number of months he chose to be covered. The 

following table provides the cost of the Pre-Retirement Death Benefit coverage: 

Cost of Pre-Retirement Death Benefit Coverage

Age Range Percent Reduction in Accrued Benefit Per 

Month Covered Within Age Range

35-44 0.002%

45-49 0.004%

50-54 0.008%

55-59 0.017%

60-65 0.045%

Effective May 1, 2009 a Participant’s monthly benefit shall be reduced to cover the cost of 

providing the Pre-Retirement Death Benefit for each month the benefit coverage is in effect. 

To elect out of the Pre-Retirement Death Benefit the Participant must follow the election 

waiver rules, including written spousal consent, under ERISA Section 205(c) and any 

applicable regulation. The Participant may reinstate the Pre-Retirement Death Benefit at 

any time. 

D. Actuarial Equivalent of Death Benefit: Notwithstanding the foregoing provisions of this 

Article, if the Actuarial Equivalent of the Pre-Retirement Death Benefit does not exceed 

Five Thousand Dollars ($5,000.00) and the death of the Participant has occurred after 

August 22, 1984, the Actuarial Equivalent may, at the discretion of the Board of Trustees, 

be paid to the surviving Spouse/Beneficiary.

Note: Under the Unemployment Compensation Act, the Plan is required to withhold twenty 

percent (20%) of federal income tax from benefits paid to a Surviving Spouse of a deceased 

Participant in the form of Pre-retirement Death Benefits unless the payments are made over the 

life expectancy of the Surviving Spouse, such as the Survivor Benefit described in Items A and B 

of this section. 

In general, the twenty percent (20%) withholding requirement applies also to former Spouses 

who are "Alternate Payees". An individual is an Alternate Payee if the Payee's interest in the 

Plan results from a Qualified Domestic Relations Order, which is an order issued by a court 

usually in connection with a divorce or legal separation. 

Distributions under the Plan to individuals other than the Participant's Spouse (or former Spouse 

as an Alternate Payee) do not constitute eligible rollover distributions under this Plan and are 

EXHIBIT 28C BAC 7:271
therefore not subject to the twenty percent (20%) mandatory income tax withholding 

requirements. 

Post-retirement Death Benefits: 

A. If a Participant dies after receiving at least one monthly benefit from the Plan, the Death 

Benefit shall be dependent upon the form of benefit which had been received by the 

Participant prior to his/her death. 

B. If the Participant was receiving one of the Qualified Joint and Survivor Benefits, the 

surviving Spouse to whom the deceased Participant was married upon the 

commencement of his/her benefits shall receive monthly benefits for life in an amount 

equal to the percentage of the amount which had been elected by the Participant and 

Surviving Spouse. Such benefits shall commence as of the first day of the month 

coincident with or next following the Participant's death, and shall terminate in the month 

in which the Spouse's death occurs. If such Spouse has predeceased the Participant, no 

further benefits shall be payable. 

C. If the Participant retired prior to May 1, 2009 and was receiving a lifetime monthly 

benefit and his/her death occurs prior to the receipt of sixty (60) monthly payments under 

the Plan, the Beneficiary shall receive the remainder of the payments, commencing as of 

the first day of the month following the month in which the Participant's death occurred, 

and payable as of the first day of each subsequent month until 60 monthly payments have 

been made to the deceased Participant and to the Beneficiary in the aggregate. If the 

deceased Participant had received at least 60 monthly benefits as of the date of death, no 

Death Benefits shall be payable. 

D. If the Participant retired on or after May 1, 2009 the death benefit shall depend upon 

whether or not the Participant has elected the 60 month guarantee with a monthly reduction 

in benefit pursuant to Section 3.3, Section 4.3 or Section 5.9.

E. Actuarial Equivalent of Death Benefit. Notwithstanding the foregoing provisions of this 

Article, if the Actuarial Equivalent of the Post-Retirement Death Benefit does not exceed 

five thousand dollars ($5,000.00) and the death of the Participant has occurred after August 

22, 1984, the Actuarial Equivalent may, at the discretion of the Board of Trustees, be paid to 

the surviving Spouse/Beneficiary in a lump sum. 

Beneficiary Designation: If you are married at the time of your death, your Spouse will be 

considered to be your Beneficiary unless your Spouse has consented in writing to a Non-Spouse 

Beneficiary and the consent has been witnessed by a Plan representative or by a notary public. If 

you are not married, you may designate any person as your Beneficiary, but you must do so on a 

form supplied by the Board of Trustees. 

EXHIBIT 28C BAC 7:272
If you die without designating a Beneficiary, the Death Benefit, if any, will be paid to your legal 

Spouse, if any. If your legal Spouse has pre-deceased you, or has ceased to be your legal 

Spouse, the death benefit will be paid to your legal child or children, in equal shares. If no legal 

Spouse or legal child/children is alive, the Death Benefit will be paid to the Executor or 

Administrator of your Estate. 

Right of Election - Qualified Pre-retirement Survivor Benefit: The election period during 

which you and your Spouse may waive the Qualified Pre-retirement Survivor Benefit begins on 

the first day of the Plan Year in which you attain age thirty-five (35) and ends on the date of your 

death. The Plan is required to provide a notice to Participants regarding their rights to decline a 

Qualified Pre-retirement Survivor Benefit before the applicable election period. This notice is to 

be provided within the period beginning on the first day of the Plan Year in which the Participant 

attains age thirty-two (32) and ends with the close of the Plan Year preceding the Plan Year in 

which the Participant attains age thirty-five (35). The notice is comparable to the notice required 

with respect to the Qualified Joint and Survivor Benefit. 

Application for Death Benefits: No death benefits payable under this Plan will be made to any 

Participant's Beneficiary(ies) unless application for the benefit is made within twelve (12) 

months after the date of the Participant's death. The Trustees may in any cases where the 

circumstances appear to warrant such action liberalize the foregoing requirement. 

Distributions by Reason of Participant’s Death: In the event of the Participant’s death 

occurring after his benefit distribution has commenced but before the entire benefit has been 

paid, the remaining portion of the benefit will be distributed at least as rapidly as under the 

method of distribution being utilized as of the date of death. 

If the Participant dies before distribution of his or her interest begins, distribution of the 

Participant’s entire interest shall be completed by December 31 of the calendar year containing 

the fifth anniversary of the Participant’s death except to the extent that an election is made to 

receive distributions in accordance with (A) or (B) below: 

A. if any portion of the Participant’s interest 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 31, of the 

calendar year immediately following the calendar year in which the Participant died; and 

B. if the designated Beneficiary is the Participant’s Surviving Spouse, the date distributions are 

required to begin in accordance with (a) above shall not be earlier than the later of (1) 

December 31, of the calendar year immediately following the calendar year in which the 

Participant died and (2) December 31 of the calendar year in which the Participant would 

have attained age 70 1⁄2. 

If the Participant has not made an election pursuant to this Section by the time of his or her death, 

the Participant’s designated Beneficiary must elect the method of distribution no later than the 

earlier of (1) December 31 of the calendar year in which the distributions would be required to 

begin under this section, or (2) December 31 of the calendar year which contains the fifth 

anniversary of the date of death of the Participant. If the Participant has no designated Beneficiary, 

EXHIBIT 28C BAC 7:273
or if the designated Beneficiary does not elect a method of distribution, distribution of the 

Participant’s entire interest must be completed by December 31 of the calendar year containing the 

fifth anniversary of the Participant’s death. 

Forfeiture of Non-mandatory Death Benefits: Your performance of Non-covered Brick and 

Masonry employment within the Same Geographic Area on or after May 1, 1994 will result in 

the loss of eligibility for non-mandatory death benefits. 

Deferred Vested Benefits 

Eligibility for Vested Benefit: You will be eligible to apply for a Vested Benefit if you are no 

longer employed by an Employer within the jurisdiction of the Fund and provided you are vested 

according to the schedule below. If you meet these eligibility requirements upon termination, 

you will be vested in a specific percentage of your Accrued Benefit as noted in the schedule. 

Your Vested Benefit will be payable when you reach your Early or Normal Retirement Age 

based on the Plan provisions and the Future Service Crediting rate in effect on the date you were 

last considered to be an Active Participant of the Plan. 

Years of Service Required for Vesting: 

A. If you are covered by a Collective Bargaining Agreement, have at least one Hour of 

Service on or after May 1, 1997, and have at least five (5) Years of Service, you will be 

one hundred percent (100%) vested in your Accrued Benefit. 

B. If you are covered by a Collective Bargaining Agreement, have not had at least one Hour 

of Service on or after May 1, 1997, and have earned at least five (5) Years of Service, 

you will be vested in the following specific percentage of your Accrued Benefit: 

Years of Service Percent of Accrued Benefit

5 Years but less than 6 50%

6 Years but less than 7 60%

7 Years but less than 8 70%

8 Years but less than 9 80%

9 Years but less than 10 90%

10 Years or more 100%

C. If you are not covered by a Collective Bargaining Agreement, in order to be vested, you 

must earn at least five (5) Years of Service and have at least one (1) Hour of Service after 

May 1, 1989. 

When A Participant Returns to Work: In the event a Participant returns to employment with 

an Employer before benefit payments commence, then additional Service will be credited on his 

behalf from the date he returns to employment and Employer Contributions are again made on 

his behalf. 

In the event a Terminated Vested Participant subsequently returns to employment with an 

Employer before benefit payments commence, the Plan provisions in effect after the Terminated 

EXHIBIT 28C BAC 7:274
Vested Participant returns to covered service shall apply to all service earned after his return to 

covered service. 

EXHIBIT 28C BAC 7:275
V. COMMENCEMENT OF BENEFITS AFTER NORMAL RETIREMENT AGE 

Generally, if you have retired from Covered Employment under the Plan, your benefits must 

commence no later than sixty (60) days following the close of the Plan Year that contains your 

Normal Retirement Age. If you become eligible for Normal Retirement and do not apply for 

your benefit by the 60th day after the close of the Plan Year during which you become eligible, 

the Fund Office will notify you of your eligibility. 

If you elect to continue working beyond your Normal Retirement Age, you will not receive 

retirement benefits during the period you are working. 

When a Participant who continues to work after his Normal Retirement Age and thereafter 

decides to retire, his Normal Retirement Benefit will be determined in accordance with regular 

Plan provisions. Such provisions give benefit credit for all work performed under the Plan prior 

to actual retirement. Benefit credit is earned for work performed both before and after Normal 

Retirement Age. There is a minimum monthly benefit at your late retirement age equal to the 

Actuarial Equivalent value of your Accrued Benefit earned as of your Normal Retirement Age.

Required Minimum Distribution: Regardless of whether or not you continue working, after 

your Normal Retirement Age, the law requires you to begin receiving your pension payments by 

April 1st following the calendar year in which you attain age seventy and one-half (70 1⁄2). 

However, once you reach age seventy and one-half (70 1⁄2), unless you are a five percent (5%) 

owner of an Employer, you will generally not be required to commence receipt of benefits until 

you stop working. However, you still have the option of beginning to receive payments 

beginning on April 1st following the close of the calendar year in which you reach age seventy 

and one-half (70 1⁄2), even if you continue working. 

VI. MAXIMUM BENEFIT LIMITS 

Current provisions of federal income tax laws (known as Section 415 limitations) provide 

for maximum annual benefit limits. These rules may restrict the benefit to which you 

would be entitled under the Plan's benefit provisions. 

Generally, you cannot receive a monthly pension payment that exceeds the federal limit on the 

dollar amount of your benefit. This dollar limit varies depending on your year of birth, age at 

pension commencement and year of retirement. IF YOUR EARNED BENEFIT EXCEEDS 

THIS LIMIT, YOUR BENEFIT MUST BE REDUCED. 

An accurate calculation of your maximum benefit limit cannot be done until you retire. 

However, an approximate preliminary determination can be made prior to your retirement. If 

you wish to have this preliminary calculation made, please contact the Fund Office. The Fund 

Office is not required to provide this estimate more often than on an annual basis. 

VII. TAXATION OF BENEFIT PAYMENTS 

Your pension benefits are subject to federal (and possibly state) income taxes. Under federal 

law, income tax will be withheld automatically, unless you elect otherwise in writing. You will 

be sent an income tax form on which you may elect or reject the automatic withholding of taxes 

EXHIBIT 28C BAC 7:276
at the time your benefit application is received. You may also use this form to specify an amount 

other than the mandatory amount to be withheld. If, during the year, you should wish to change 

your election for the withholding of income tax, please contact the Fund Office. 

If you receive a lump-sum distribution that is not rolled over to another tax-qualified plan or an 

individual retirement account (IRA), the payment will be subject to a mandatory twenty percent 

(20%) withholding and possibly other IRS penalties. 

VIII. SUSPENSION OF BENEFITS 

If you are receiving any of the following types or forms of payment: 

A. Normal Retirement Benefit 

B. Early Retirement Benefit 

C. Deferred Vested Benefit (as provided under Normal or Early Retirement or as paid as a 

50%, 75% or 100% Qualified Joint and Survivor Benefit) 

your benefit shall be suspended at such time as all of the conditions set forth below are met: 

Conditions: 

A. You are reemployed for forty (40) or more hours during any four (4) or five (5) week 

payroll period which falls within the calendar months of November through April in the 

Same Industry, Trade or Craft within the Same Geographical Area. 

i. The Same Industry is defined as returning to work within the Brick and Mason 

Industry as defined in the Collective Bargaining Agreement. 

ii. The Same Trade or Craft is defined as the trade or craft from which you were 

employed at any time during your participation in the Plan and includes any 

supervisory or managerial activity that is reasonably related to the underlying skills 

associated with the trade or craft for which you were trained or in which you acquired 

your work experience. 

iii. The Same Geographic Area is defined as the State of Ohio and portions of those 

states located as a part of a Standard Metropolitan Statistical Area, as defined by the 

U.S. Census Bureau. 

Notification and Presumption: You are required to notify the Fund Office at such time as you 

become reemployed under the conditions set forth hereinbefore. In the event that you fail to 

comply with the Plan's notification requirements (by filing a Notice of Return to Work form), the 

Trustees may act on the basis of a presumption that you have exceeded the hours of 

reemployment allowable. Your benefit will be suspended immediately; and you will be notified 

accordingly. The Trustees shall have the right to apply the suspension retroactively to the 

initiation of work by your Employer at the job site. The Trustees may, in addition, request 

information from you concerning your reemployment activity, including tax withholding 

EXHIBIT 28C BAC 7:277
statements in any given period related to the suspected reemployment and any other reasonable 

information for the purpose of verifying such employment. 

Upon application of the Presumption Rule, you shall be given the opportunity to come forward at 

a Suspension Review Proceeding and demonstrate that, in fact, you did not work the minimum 

number of hours of relevant service for the period in which your benefits were suspended. 

Advance Determination: You shall have the right to request that an advance determination be 

made concerning the effect your reemployment will have on your retirement benefits. You must 

submit your request to the Fund Office on an appropriate form approved and provided by the 

Trustees and in accordance with the procedures established by the Trustees. 

Resumption of Benefits: You may request resumption of your benefits at such time as you no 

longer meet the conditions of reemployment, as previously stated in this section. You must 

submit your request for resumption of your benefit on a form approved and provided by the 

Trustees. 

Recovery of Overpayments: In the event that payments have been issued to you for any period 

during which your benefit should have been suspended, you shall be liable for the full amount of 

any overpayment(s). The manner and amount of the recovery of the overpayment(s) shall be 

provided to you in the Suspension Notice furnished to you at such time as your benefit is 

suspended. 

Reinstatement of Retirement Benefits: Upon your termination of reemployment which resulted 

in the suspension of your retirement benefits, providing you have given the Fund Office a request 

for the resumption of your benefit on an appropriate form as approved and furnished by the 

Trustees, your retirement benefit shall be resumed on the first day of the calendar month 

following the receipt of the required notice, as follows: 

NORMAL RETIREMENT BENEFIT - If you were receiving a Normal Retirement 

Benefit at the time of the suspension of your benefit, the reinstated benefit shall be in the 

amount you were receiving prior to the suspension of your benefit, in addition to any 

amount realized for service resulting from such reemployment. 

EARLY RETIREMENT BENEFIT - If you were receiving an Early Retirement Benefit 

at the time of the suspension of your benefit, the reinstated benefit shall be in the amount 

you were receiving prior to the suspension of your benefit, plus any amount realized for 

service resulting from such reemployment, reduced by the Early Retirement factor 

applicable to your current age. 

DEFERRED VESTED BENEFIT - If you were receiving a Vested Benefit at the time of 

the suspension of your benefit, the reinstated benefit shall be in the amount as determined 

under the applicable type of retirement benefit you were receiving prior to the suspension 

of your benefit. 

Non-violation of Mandatory Commencement: The Plan's Suspension of Benefit Rules will not 

be applied in such a manner as to violate the rules related to mandatory commencement of your 

benefits. In particular, if you are working in Covered Employment, the required minimum 

EXHIBIT 28C BAC 7:278
distribution will not be suspended beginning with the April 1st payment following the close of 

the Plan Year in which you attain age seventy and one-half (70 1⁄2). Any amount above the 

required minimum distribution will be suspended during the period that you are working in 

Covered Employment. 

IX. NON-COVERED BARGAINING-UNIT EMPLOYMENT SANCTIONS 

The following non-covered bargaining-unit sanctions will be applied with respect to Participants 

who terminate their status as Employees covered under a Collective Bargaining Agreement 

and/or perform bargaining-unit work outside the scope of the Collective Bargaining Agreement. 

PAST SERVICE BENEFITS - Any non-bargaining unit work in the industry on or after May 1, 

1994, will result in the loss of eligibility for Past Service Benefits. 

DISABILITY BENEFITS - Any non-bargaining unit work in the Industry on or after May 1, 

1994, will result in the loss of eligibility for Disability Benefits. 

PRE-RETIREMENT DEATH BENEFITS - Any non-bargaining unit work in the Industry on or 

after May 1, 1994 will result in the loss of eligibility for non-mandatory death benefits. 

X. MISCELLANEOUS INFORMATION 

A. Non-assignment of Benefits/Qualified Domestic Relations Orders (QDRO's): 

Generally, your pension benefits are not assignable. You cannot borrow on them and 

your creditors may not attach them. However, as part of a divorce settlement, a court 

may assign part or all of your benefits to an "Alternate Payee" (generally your former 

Spouse and/or dependent children) through a Qualified Domestic Relations Order 

(QDRO). The Trustees must honor the terms of any valid QDRO which is submitted to 

them. You may obtain a copy of the Fund’s procedures concerning QDROs by sending 

in a written request to the Fund Office. 

B. Your Pension Plan is subject to economic and mortality fluctuations; however, every 

possible effort will be made by the Trustees to make certain that the maximum benefits 

which are actuarially allowable will be paid. Actuarial calculations will be made under 

the Plan on an annual basis to assure a smooth flow of benefits and establishment of 

adequate reserves. 

C. It is intended that at all times this Plan will be fully qualified by the Director of Internal 

Revenue and authority has been given to the Trustees to amend or change the terms and 

provisions of the Trust Agreement and/or Pension Plan as may be required to maintain 

this qualified status. 

D. A Participant may not receive more than one type of benefit at the same time except that 

a Participant may receive a benefit as the Spouse or the Beneficiary of a deceased 

Participant. 

E. The amount of all benefits payable under this Plan will be calculated according to the 

provisions of the Pension Plan in effect at the time the Vested Participant separates from 

EXHIBIT 28C BAC 7:279
all employment with all Employers. A Vested Participant will be considered to have 

separated from all employment with all Employers when he fails to accrue at least one 

Year of Service out of two (2) consecutive Plan Years. 

F. The Trustees shall have full discretionary authority to determine eligibility for benefits or 

to construe the terms of the Plan and may adopt rules and regulations thereto. The 

decisions of the Trustees in all matters pertaining to the administration of the Trust shall 

be final. The Board of Trustees, as the administrator of the Plan and Trust, shall have 

complete control of the administration of the Plan and Trust, subject to the provisions 

hereof, with all powers necessary to enable it to properly carry out its duties in that 

respect. Not in limitation, but in amplification of the foregoing, the Trustees shall have 

full authority and discretion to construe, interpret and apply all provisions of the Trust 

and Plan to determine all questions that may rise hereunder, including all questions 

relating to the eligibility of Participants to participate in the Plan, the amount of any 

benefit to which any Participant, Beneficiary, Spouse, or contingent annuitant may 

become entitled hereunder and to determine all appeals subsequent to any determination 

upon application for benefits. Specifically, the Trustees shall have full and complete 

authority and discretion to make any determinations or findings of fact regarding any 

claims and appeals of any benefit determinations. Its decision upon all matters within the 

scope of its authority shall be final. 

XI. HOW TO APPLY FOR BENEFITS 

General Information 

If you believe you are eligible to receive any type of benefit from this Plan, you should first 

contact the Fund Office and obtain a benefit application. 

You must file an application for benefits on the form approved by the Board of Trustees and 

once you complete the application it should be returned to the Fund Office along with proof of 

your age (birth certificate, baptismal record, passport, etc.). If you are a married Participant, 

during the application process, the Fund Office will provide you with an explanation of the 

QJSA. 

Applying for Retirement Benefits 

A written application for retirement benefits must be filed at least thirty days prior to the date 

you wish to retire. You must provide all of the requested documentation along with the 

completed and signed application before your claim for benefits will be considered. 

In some cases, the Administrative Manger may need additional information in order to make a 

determination on your claim for benefits. If you are asked to provide more information, you will 

have to respond to the request in order to be considered for retirement benefits. 

You will receive a decision on your application for retirement benefits within ninety (90) days 

from the date the Fund receives your completed application. 

Applying for Disability Benefits 

EXHIBIT 28C BAC 7:280
A written application for disability benefits must be filed as soon as you meet the eligibility 

requirements and wish to commence Disability Benefits. You must provide all of the requested 

documentation along with the completed and signed application before your claim for benefits 

will be considered. 

In some cases, the Administrative Manager may request that you submit to an independent 

medical review to determine whether you are eligible for a disability retirement benefit. You 

must submit to this medical review, if requested. The cost of this review will be paid by the 

Fund. 

You will generally receive a decision regarding your claim for disability benefits within 45 days 

of the date you file your completed application. The Plan may delay making a decision for two 

additional thirty-day periods provided you are given notice in advance of that extension.

Applying for Death Benefits 

A written application for a death benefit must be filed by the Beneficiary prior to the date he

wishes to receive the distribution. He must provide all of the requested documentation including 

a certified copy of the death certificate along with the completed and signed application before 

the claim for benefits will be considered. 

In some cases, the Administrative Manger may need additional information in order to make a 

determination on the application for benefits. If the Beneficiary is asked to provide more 

information, he will have to respond to the request in order to be considered for the death benefit. 

The Beneficiary will receive a decision on his/her application for the death benefit within ninety 

(90) days from the date the Fund receives the completed application. 

If the Beneficiary’s application is approved, he will receive a notice stating the amount and 

duration of the benefit. 

NOTICE OF AN ADVERSE BENEFIT DETERMINATION 

Should the Administrative Manager find that you are not entitled to the requested benefit, you 

will be provided with a written notice of the denial. This notice will include the following 

important information: 

A. The specific reason for the denial; 

B. Reference to specific Plan Document and/or Summary Plan Description provisions upon 

which the determination was based; 

C. A description of additional information which you may be able to provide that is 

necessary for your application for benefits and why it is necessary; 

D. The address to where an appeal must be submitted; and 

EXHIBIT 28C BAC 7:281
E. A description of the Plan’s review procedures and time limits applicable to such 

procedures, including a statement of your right to bring a civil action under Section 

502(a) of ERISA following an adverse determination on review. 

Procedure for filing an Appeal with the Board of Trustees 

You must file a written notice that you wish to appeal the denial of your application for benefits. 

You have the right to designate a representative to represent you in this appeal process. Your 

written notice of appeal must be received by the Fund Office within sixty (60) days from the date 

of the Notice of the Adverse Benefit Decision. Your written notice of appeal must include your 

name, current address and the date of the decision you are appealing. You may also send any 

comments, documents or other information you feel will assist the Trustees in making a decision 

on appeal. You have the right to request copies of any documents relevant to your application 

for benefits free of charge from the Plan. 

For appeal purposes, a document, record, or other information is “relevant” if

- it was relied upon in making the determination; 

- it was submitted, considered, or generated in the course of making the determination, 

without regard to whether it was relied upon; or 

- it demonstrates compliance with the administrative processes and safeguards required 

pursuant to the Plan and/or the Code of Federal Regulations. 

An appeal must be addressed as follows: 

 Bricklayers & Allied Craftsmen Local No. 7 Pension Fund 

 BeneSys, Inc. 

 33 Fitch Boulevard 

 Austintown, OH 44515 

 (330) 779-8857 

Your appeal of an adverse benefit determination on your application for benefits will be considered 

by the Board of Trustees no later than at its regular quarterly meeting, which immediately follows 

the receipt of the notice of appeal, unless such notice was filed within thirty (30) days preceding the 

date of such meeting. If the notice of appeal was received within thirty (30) days prior to the next 

regular quarterly meeting, the Board of Trustees may consider the appeal at the second regular 

quarterly meeting following the receipt of the notice of appeal. 

You will receive written notice of this decision by the Trustees, within five (5) days of the 

meeting. In the event that your appeal is denied, you will receive a Notice of the Adverse Benefit 

Decision on Appeal which includes the following important information: 

A. The specific reason for the denial; 

B. The sections in the Plan Document and/or Summary Plan Description upon which the 

denial was based; 

EXHIBIT 28C BAC 7:282
C. A statement advising you of your right to receive, upon request and free of charge, 

reasonable access to, and copies of all documents, records, and other information relevant 

to your claim for benefits. For purposes of this provision, a document, record, or other 

information is “relevant” if it was relied upon, submitted, considered, or generated in the 

course of making the determination upon review, or demonstrates compliance with the 

administrative processes and safeguards required pursuant to the Plan and/or the Code of 

Federal Regulations; 

D. A notice of your right to file suit under Section 502(a) of ERISA; and 

E. Notice of the following limitation: No legal action regarding your application for any 

benefit under this Plan may be commenced or filed against the Board of Trustees or the 

Plan more than one (1) year after the mailing of the Board of Trustees’ decision on 

appeal. 

This plan does not offer any voluntary arbitration provisions. The decision of the Board of 

Trustees under this procedure is final and binding upon the parties. You must exhaust this claim 

procedure prior to having the claim reviewed through any other means, including litigation. 

Furthermore, should you choose to file any lawsuit against the Plan or the Board of Trustees, 

such suit must be filed in the United States District Court for the Northern District of Ohio. If 

such matter is not pre-empted or is subject to the exclusive jurisdiction of the state, the suit must 

be brought in the Summit County Common Pleas Court in Akron, Ohio. 

If you have any questions regarding the filing of a claim for benefits 

under this procedure, please contact BeneSys, Inc., the 

Administrative Manager, at (330) 779-8857. 

XII. STATEMENT OF YOUR RIGHTS UNDER ERISA 

As a participant in the Bricklayers & Allied Craftsmen Local No. 7 Pension Plan, you are 

entitled to certain rights and protections under the Employee Retirement Income Security Act of 

1974 (ERISA). ERISA provides that all plan participants shall be entitled to: 

Receive Information About Your Plan and Benefits 

Examine, without charge, at the Plan’s Administrative Manager's office and at other specified 

locations, such as worksites and union halls, all documents governing the plan, including 

insurance contracts and collective bargaining agreements, and a copy of the latest annual report 

(Form 5500 Series) filed by the plan with the U.S. Department of Labor and available at the 

Public Disclosure Room of the Pension and Welfare Benefit Administration. 

Obtain, upon written request to the Plan’s Administrative Manager, copies of documents 

governing the operation of the plan, including insurance contracts and collective bargaining 

agreements, and copies of the latest annual report (Form 5500 Series) and updated summary plan 

description. The administrator may make a reasonable charge for the copies. 

Receive a summary of the plan's annual financial report. The Plan’s Administrative Manager is 

EXHIBIT 28C BAC 7:283
required by law to furnish each participant with a copy of this summary annual report. 

Obtain a statement telling you whether you have a right to receive a pension at normal retirement 

age (age 62) and if so, what your benefits would be at normal retirement age if you stop working 

under the plan now. If you do not have a right to a pension, the statement will tell you how many 

more years you must work to get a right to a pension. This statement must be requested in 

writing and is not required to be given more than once every twelve (12) months. The plan must 

provide the statement free of charge. 

Prudent Actions by Plan Fiduciaries 

In addition to creating rights for plan participants ERISA imposes duties upon the people who 

are responsible for the operation of the employee benefit plan. The people who operate your 

plan, called “fiduciaries” of the plan, have a duty to do so prudently and in the interest of you 

and other plan participants and beneficiaries. No one, including your employer, your union, or 

any other person, may fire you or otherwise discriminate against you in any way to prevent you 

from obtaining a pension benefit or exercising your rights under ERISA. 

Enforce Your Rights

If your claim for a pension benefit is denied or ignored, in whole or in part, you have a right to 

know why this was done, to obtain copies of documents relating to the decision without charge, 

and to appeal any denial, all within certain time schedules. 

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you 

request a copy of plan documents or the latest annual report from the plan and do not receive 

them within 30 days, you may file suit in a Federal court. In such a case, the court may require 

the Plan’s Administrative Manager to provide the materials and pay you up to $110 a day until 

you receive the materials, unless the materials were not sent because of reasons beyond the 

control of the administrator. If you have a claim for benefits which is denied or ignored, in whole 

or in part, you may file suit in a state or Federal court. In addition, if you disagree with the plan's 

decision or lack thereof concerning the qualified status of a domestic relations order or a medical 

child support order, you may file suit in Federal court. If plan fiduciaries misuse the plan's 

money, or if you are discriminated against for asserting your rights, you may seek assistance 

from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide 

who should pay court costs and legal fees. If you are successful the court may order the person 

you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs 

and fees, for example, if it finds your claim is frivolous. 

Assistance with Your Questions 

If you have any questions about your plan, you should contact the Plan’s Administrative 

Manager. If you have any questions about this statement or about your rights under ERISA, or if 

you need assistance in obtaining documents from the Plan’s Administrative Manager, you should 

contact the nearest office of the Employee Benefits Security Administration, U.S. Department of 

Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, 

Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution 

Avenue N.W., Washington, D.C. 20210. You may also obtain certain publications about your 

EXHIBIT 28C BAC 7:284
rights and responsibilities under ERISA by calling the publications hotline of the Employee 

Benefits Security Administration.

XIII. ADDITIONAL INFORMATION REQUIRED BY ERISA 

A. Name of Plan: Bricklayers & Allied Craftsmen Local No. 7 Pension Plan. 

B. Plan established and maintained by: Board of Trustees, Bricklayers & Allied Craftsmen 

Local No. 7 Pension Fund, c/o BeneSys, Inc., 33 Fitch Boulevard, Austintown, Ohio 

44515 (telephone: (330) 270-0453 or (330) 779-8857). 

C. Sponsoring Employers: Upon written request to the Fund Office, you may receive 

information as to whether a particular Employer is a sponsor of this Plan. If he is, the 

Fund Office will furnish his address. 

D. Employer Identification Number (EIN): 34-6666798 

E. Plan Number: 001 

F. Type of Pension Plan: The Bricklayers & Allied Craftsmen Local No. 7 Pension Plan is 

referred to as a Defined Benefit plan. This means that the dollar amount of benefits 

provided is based on either Years of Service or the amount of contributions paid on 

behalf of the Participant. 

The exact dollar amount of the contributions is determined by collective bargaining between 

the Union and the Employers. The level of benefits is determined actuarially considering 

contribution income, mortality rates, turnover of Employees, general economic conditions 

and other factors affecting fund income and costs. Actuarial valuations are performed by the 

enrolled actuaries retained by the Trustees on the Participant's behalf. Cost projections and 

determining benefit levels are done in consultation with the actuary. Although the Trustees 

and professional advisors make every effort to fix benefit levels accurately, benefit levels are 

subject to adjustments depending on changes in economic conditions, results of collective 

bargaining and other necessary changes related to actuarial assumptions. 

G. Type of Administration of the Plan: Although this Plan technically is administered and 

maintained by the Joint Board of Trustees for the Bricklayers & Allied Craftsmen Local 

No. 7 Pension Plan, the Trustees have delegated certain administrative functions to a 

professional administrator, who is known as the Administrative Manager. Address all 

communications with the Board of Trustees to: 

Board of Trustees 

Bricklayers & Allied Craftsmen Local No. 7 Pension Fund 

c/o BeneSys, Inc. 

33 Fitch Boulevard 

Austintown, OH 44515 

Telephone: (330) 270-0453 or (330) 779-8857 

EXHIBIT 28C BAC 7:285
H. Agent for Service of Legal Process: Service of legal process may be made upon Timothy 

P. Piatt, Macala & Piatt, LLC, 601 S. Main St., North Canton, Ohio 44720. 

Service of legal process may also be made upon the Board of Trustees or any individual Trustee. 

I. Name, Title and Address of Principal Place of Business of Each Trustee: 

Management Trustees Union Trustees

Doug Crowe

Crowe Construction

1985 Echo Road, P.O. Box 1535

Stow, Ohio 44224

Anthony Gradisher

908 N. Main St.

Akron, Ohio 44310

Robert Cailor

United Construction Systems, Ltd

1920 South Main Street

Akron, Ohio 44301

Shawn Bolyard

908 N. Main St.

Akron, Ohio 44310

Michael Rohr

GMR Builders, Inc.

4183 Beaumont Ave NW

Massillon, Ohio 44647

Tom Dieringer

908 N. Main St.

Akron, Ohio 44310

J. Collective Bargaining Agreement: This Plan is maintained pursuant to a Collective 

Bargaining Agreement between the Bricklayers & Allied Craftsmen Local No. 7 Pension 

Fund and the various participating Employers. You may obtain a copy of the Collective 

Bargaining Agreement by writing to the Plan Administrative Manager, or you may 

examine it at the Fund Office. 

K. Sources of Contributions: This Plan is funded through contributions by the Employers on 

behalf of their Employees, under the terms of a Collective Bargaining Agreement, and by 

investment income earned on a portion of the Plan's assets. The Plan is subject to periodic 

actuarial review to assure that the relationship between income and benefit costs meet the 

funding standards required by ERISA. 

L. Funding Medium for the Accumulation of Plan Assets: Assets are accumulated and 

benefits are provided by the Trust Fund. Some Plan assets are invested. These 

investments are made only after consultation with professional investment managers 

employed by the Plan and in accordance with the investment policy and guidelines 

established by the Board of Trustees. 

M. Date of Plan's Fiscal Year End: April 30. 

N. Statement of Plan Termination Insurance: 

Your pension benefits under this multiemployer plan are insured by the Pension Benefit 

Guaranty Corporation (PBGC), a federal insurance agency. A multiemployer plan is a 

EXHIBIT 28C BAC 7:286
collectively bargained pension arrangement involving two or more unrelated employers, 

usually in a common industry. 

Under the multiemployer plan program, the PBGC provides financial assistance through 

loans to plans that are insolvent. A multiemployer plan is considered insolvent if the plan 

is unable to pay benefits (at least equal to the PBGC's guaranteed benefit limit) when due. 

The maximum benefit that the PBGC guarantees is set by law. Under the multiemployer 

program, the PBGC guarantee equals a participant's years of service multiplied by (1) 

100% of the first $5 of the monthly benefit accrual rate and (2) 75% of the next $15. The 

PBGC's maximum guarantee limit is $16.25 per month times a participant's years of 

service. For example, the maximum annual guarantee for a retiree with 30 years of 

service would be $5,850. 

The PBGC guarantee generally covers: (1) Normal and early retirement benefits; (2) 

disability benefits if you become disabled before the plan becomes insolvent; and (3) 

certain benefits for your survivors. 

The PBGC guarantee generally does not cover: (1) Benefits greater than the maximum 

guaranteed amount set by law; (2) benefit increases and new benefits based on plan 

provisions that have been in place for fewer than 5 years at the earlier of: (i) The date the 

plan terminates or (ii) the time the plan becomes insolvent; (3) benefits that are not vested 

because you have not worked long enough; (4) benefits for which you have not met all of 

the requirements at the time the plan becomes insolvent; and (5) non-pension benefits, 

such as health insurance, life insurance, certain death benefits, vacation pay, and 

severance pay. 

For more information about the PBGC and the benefits it guarantees, ask your Plan’s 

Administrative Manager or contact the PBGC's Technical Assistance Division, 1200 K 

Street, N.W., Suite 930, Washington, D.C. 20005-4026 or call 202-326-4000 (not a tollfree number). TTY/TDD users may call the federal relay service toll-free at 1-800-877-

8339 and ask to be connected to 202-326-4000. Additional information about the PBGC's 

pension insurance program is available through the PBGC's website on the Internet at 

http://www.pbgc.gov. 

EXHIBIT 28C BAC 7:287
EXHIBIT 28D BAC 7:288
EXHIBIT 28D BAC 7:289
EXHIBIT 28D BAC 7:290
APPLICATION FOR APPROVAL OF BENEFIT SUSPENSION FOR 

BRICKLAYERS AND ALLIED CRAFTSMEN LOCAL 7 PENSION FUND 

EIN/PN: 34-6666798 / 001 

EXHIBIT 29 

CBA Provisions 

Excerpts from the relevant collective bargaining agreements/side agreements are attached as 

Exhibit 29A (BAC 7:292). 

BAC 7:291
 Bricklayers and Allied 

Agreement 

2019 2024 

OHIO - KENTUCKY ADMINISTRATIVE 

DISTRICT COUNCIL LOCAL # 7 

AKRON, OHIO

International Union of 

Bricklayers & Allied Craftworkers 

Of America, AFL CIO

AND 

THE ASSOCIATION OF UNION MASON CONTRACTORS 

Akron, OHIO 

EXHIBIT 29A BAC 7:292
3

ARTICLE III

Traveling Contractors 

 When the Employer has any work specified in Article I of this agreement to be 

performed outside of the area covered by this agreement and within the area covered by 

an agreement with another affiliate of International Union of Bricklayers and Allied 

Craftworkers, then the Employer agrees to abide by the full term and conditions of the 

agreement in effect in the jobsite area. The Employer shall in all other matters be 

governed by provisions established in the jobsite local agreement. If employees are 

sent to work on a project in an area where there is no local agreement covering the work 

specified in Article I of this agreement, the full terms and conditions of this agreement 

shall apply. 

Article IV 

Subcontracting 

All subletting, assigning or transferring by the Employer of any work in connection with 

employment that is covered by this Agreement must be subcontracted, assigned or 

transferred to a person, firm or corporation which recognizes the Bricklayers and Allied 

Craftworkers or one of its Local Unions as the collective bargaining representative of its 

employees and agrees that all such work shall be done under the terms of this 

Agreement. A violation of this provision will be deemed a breach of this Agreement. 

All charges of violations of this Article shall be considered as a dispute, and shall be 

processed in accordance with the provisions of Article XX of this Agreement covering 

the procedure for handling of grievances, and the final and binding resolution of 

disputes. 

ARTICLE V 

Wage Rates/Fringe Benefits, Dues, Other Contributions and Deductions 

Hourly Deductions / Effective Dates 

Section A: Wages and fringe benefits of the Bricklayers, effective June 1, 2019. 

Hourly Rate Health Fund Local Pension Apprentice Fund I.M.I. AUMC BAC Save

 $31.79 +$8.13 +$2.34 +$0.80 +$0.20 $.50 + .05 +$1.00 

 $4.46 (LPR) +$0.48 (IPF PPA)

 $6.80 $1.28 

Savings Program B.T.C. ACT Union Dues Gross Wage

 -$1.25 -$0.02 -$.05 +$.05 -$2.84 $49.75 

Effective June 1, 2019 $1.25 per hour increase 

Effective December 1, 2019 $ .50 per hour increase 

Effective June 1, 2020 $1.75 per hour increase 

Effective June 1, 2021 $1.25 per hour increase 

Effective June 1, 2022 $1.25 per hour increase 

Effective June 1, 2023 $1.25 per hour increase 

EXHIBIT 29A BAC 7:293
4

Section B: Residential rate of wages and fringe benefits of the Bricklayers, effective 

June 1, 2019. 

Hourly Rate Health Fund Local Pension Apprentice Fund I.M.I. AUMC 

 $22.22 +$7.00 +$6.80 +$1.08 +$0.20 +$.37 +$.05 

Savings Program B.T.C. ACT Union Dues Gross Wage

 -$1.50 -$0.02 -$.03 -$1.98 $37.72 

(I) Residential Scope of Work: The scope of work covered by the residential rate 

will include all units built primarily for single-family residence not to exceed two stories in 

style, but does not include any residential unit or project covered by the Davis-Bacon 

Act. 

(2) Residential wages shall be seventy percent (70%) of the commercial base wage 

rounded to the next .5 cents plus year 2017 full commercial fringes. 

Section C: The rate of the Sewer Bricklayers will be fifty cents ($.50) per hour above 

receive fifty cents ($.50) per hour above the Building sion 

fold hung from steel outrigger beams 

.ARTICLE VI 

 Work Day, Show up Time, Commercial/Residential Construction 

Section A: Work day

 Eight hours pay will be received for 8 hours work. The eight hours will be worked 

between the hours of 7:00 a.m. and 4:30 p.m., with a 30 minute unpaid break for lunch. 

Workers will arrive at the shanty for lunch at 12p.m, and leave the shanty at 12:30p.m. 

Lunch may be taken at 12:30 by mutual agreement between the foreman and the 

steward. A 5 minute break in the morning and 5 minute break in the afternoon may be 

combined for a 10-minute "coffee" break in the morning. During inclement and cold 

weather (November through April), a reasonable amount of time will be allowed for 

bricklayers to walk to an appropriate shelter to take "coffee" break. Any work in excess 

of 8 hours (overtime) will necessitate an additional afternoon break of 10 minutes, to be 

taken at normal quitting time. 

 More than one (1) shift may be worked any 24-hour period, and the start 

time will be at the discretion of the foreman. Second shift workers are to receive 8-hours 

pay for 7 1/2 hours work, including a 1/2 hour lunch period. Third shift will receive 8-

hours pay for 7-hours work, which includes a 1/2- hour lunch period. Any job wishing to 

work overtime or alternate shifts will report to the local Bricklayer Union Field 

Representative. Any job wishing to work overtime shall report to the Bricklayer Union 

office. 

EXHIBIT 29A BAC 7:294
6

two (2) times the regular rate of pay. Any holidays mentioned in this 

agreement shall be celebrated by the employees covered herein on the 

date observed by the Federal Government.

ARTICLE VII 

Pay Regulations 

Bricklayers shall be paid in cash or payroll checks not later than quitting time on 

Friday of each week. If a bricklayer is required to wait on the job for his pay after quitting 

time on Friday, he shall be paid at the straight time hourly rate for waiting. In the event 

the employer pays by check and one of these is found to be N.S.F. the employer will 

lose the privilege to pay by check. Not more than three (3) days pay will be held back 

from the regular weekly pay. If sent home by the employer on Friday, or if the 

bricklayers cannot work on Friday, because of weather, they shall be paid not later than 

weather permitting, shall receive four (4) hours time for reporting on the job. Bricklayers 

wishing to leave the employ of the employer shall be paid in full at four-thirty (4:30) p.m. 

of the previous day (if the bricklayer requests). When bricklayers are laid off or 

discharged, they shall be paid one-half (1/2) hour before termination. Every employee 

working under this agreement shall be furnished a summary attached to his check 

showing the number of hours worked along with the gross amount of pay and all the 

deductions. If a bricklayer reports for his pay on Friday and is laid off upon so reporting, 

two (2) hours show up time will be paid to this man laid off. Bricklayers will be provided 

with a separation slip indicating the reason for separation. 

ARTICLE VIII 

Fringe Benefits / Other Deductions 

Section A:

In addition to the wages and other payments herein provided for, the employer 

agrees, beginning June 1, 2019 and for the duration of this agreement and for any 

renewals or extensions thereof, to pay the specified contributions to the following 

designated funds. 

Section B: Health Fund 

The contribution to the Ohio Bricklayers Health & Welfare Fund, or the 

appropriate successor to such funds administration, shall be a total of eight dollars and 

thirteen cents ($8.13) for each hour or portion thereof for which a covered employee 

receives pay. The payments required above shall be made to the Ohio Bricklayers 

Health & Welfare Fund, or its appropriate successor which was established under an 

Agreement and Declaration of Trust, dated June 17, 1977. 

Section C: Local Pension 

The contribution to the Bricklayers and Allied Craftworkers No. 7, Pension Fund 

shall be a total of two dollars and thrity-four cents ($2.34) for each hour or portion 

thereof, for which a covered employee received pay. The payments required above shall 

be made to the Bricklayers and Allied Craftworkers Local No. 7, Pension Fund, which 

was established under an Agreement and Declaration of Trust, dated February 1, 1968. 

Section D: Non-Accrued Benefit Clause

 Due to the extreme volatility in the financial markets, if Local 7 Pension Fund 

Trustees find themselves in the position that they must impose guidelines that a portion 

of the pension fund hourly contributions are contributed as a non-accrued benefit, then 

this non-accrued benefit contribution amount, when implemented, will apply to all man 

EXHIBIT 29A BAC 7:295
7

hours worked and collected in this jurisdiction, and will not be reciprocated to any 

traveling BAC members home local fund for worked hours generated in the jurisdiction of 

BAC Local No. 7 Ohio. Providing there is no violation of applicable Federal and State 

laws and or signed reciprocal agreements. 

Section E: Contractor Contribution (Local Pension Protection Plan) 

 The Contractor agrees to contribute four-dollars and forty-six cents ($4.46) per 

bricklayer hour paid in Local 7 Ohio's jurisdiction towards the Pension Recovery. 

Section F: International Pension Fund (IPF) 

(a) The contribution to the Bricklayers and Trowel Trades International 

Pension Fund (IPF) shall be a total of eighty cents ($.80) (IPF) for each hour paid or 

portion thereof and in accordance with the mandates of the Pension Protection Act of 

2006 (PPA) the Employers agree to contribute forty eight cents (0.48) (PPA), for each 

hour or portion thereof which covered employee receives pay. Future increases shall be 

per the IPF Trustees recommended funding schedule and shall derive from negotiated 

increases. 

 (b) The payments required above shall be made to the Bricklayers and 

Trowel Trades International Pension Fund (IPF), which was established under an 

Agreement and Declaration of Trust, dated 1 July 1972. 

Section G: BAC Save Local Employer contribution rate and optional employee 

Contribution (401(k) and annuity) 

The employer hereby agrees to participate in BAC SAVE - The Bricklayers and Trowel 

Trades International Retirement Savings Plan (the Plan) on behalf of all employees 

represented for purposes of collective bargaining under this Agreement and other 

employees as permitted under the Plan. 

Effective June 1st, 2019, the employer will contribute $1.00 per hour, for each hour paid, 

to BAC SAVE (the plan). If employees elect to contribute additional amounts out of their 

own pay, the employer, upon appropriate employee authorization wil make cause to be 

made pre-tax payroll reductions from participating wages, in accordance 

with ERISA and relevant tax code provisions. The employer will forward the hourly 

contributions and any withheld sum to the BAC SAVE Retirement Savings Plan (RSP) 

office, or its successor at such time and in such form and manner as required pursuant to 

the plan and declaration of trust.

Section H: Association of Union Mason Contractors (A.U.M.C.) 

There shall be a five cents ($.05) contribution for each hour worked to the 

A.U.M.C. for drug and alcohol testing costs remitted once each month as per instructions 

on the multi-reporting form. Proposed that the Contractors be responsible for the 

printing of the Collective Bargaining Agreements to all affected parties. 

Section I: Vacation/Savings Fund 

One dollar and twenty-five cents ($1.25) shall be deducted from the 

wages for each hour worked and remitted as instructed on the multi-employer reporting 

form.

Section J: Apprenticeship Fund 

Effective June 1, 2014, the hourly contribution shall be twenty cents ($0.20) per 

each straight time hour. 

EXHIBIT 29A BAC 7:296
APPLICATION FOR APPROVAL OF BENEFIT SUSPENSION FOR 

BRICKLAYERS AND ALLIED CRAFTSMEN LOCAL 7 PENSION FUND 

EIN/PN: 34-6666798 / 001 

EXHIBIT 30 

Form 5500 

The required Form 5500 excerpts are attached as Exhibit 30A (BAC 7:298). 

BAC 7:297









EXHIBIT 30A BAC 7:307
EXHIBIT 30A BAC 7:308
EXHIBIT 30A BAC 7:309
EXHIBIT 30A BAC 7:310
EXHIBIT 30A BAC 7:311
EXHIBIT 30A BAC 7:312
EXHIBIT 30A BAC 7:313
EXHIBIT 30A BAC 7:314
EXHIBIT 30A BAC 7:315
EXHIBIT 30A BAC 7:316
EXHIBIT 30A BAC 7:317
EXHIBIT 30A BAC 7:318
EXHIBIT 30A BAC 7:319