Checklist Item #29 Resubmitted Application for Approval of a 

Suspension of Benefits Under MPRA

Iron Workers Local 17 Pension Fund EIN: 51-0161467

Plan No.: 001

Does the application 

include the plan sponsor’s 

representation that, if it 

receives the Treasury 

Department’s final 

authorization to suspend 

and then chooses to 

implement the suspension, 

it will also amend the plan 

• to indicate that the 

suspension will 

cease upon the plan 

sponsor’s failure to 

determine that both 

all reasonable 

measures continue 

to be taken to avoid 

insolvency and that 

the plan is projected 

to become insolvent 

without a 

suspension, 

• to require that any 

future benefit 

improvements must 

satisfy 

§432(e)(9)(E), and 

• to specify that the 

plan sponsor will not 

modify these 

amendments, 

notwithstanding any 

other provision of 

the plan document. 

See section 6.06.

The application for the Iron Workers Local 17 

Pension Fund includes a Certification signed by 

the Authorized Trustee on behalf of the Board of 

Trustees (Plan Sponsor) along with a draft 

Amendment which will be executed upon the 

approval of the Pension Fund’s application by the 

Department of Treasury. The Certification and 

proposed Amendment, which is based upon our 

interpretation of the requirements under Revenue 

Procedure 2016-27, Section 6.06, is attached as 

IW17PF_881 – IW17PF_885. 

IW17PF_880
IW17PF_881

Iron Workers local17 Fringe Benefit Funds, Inc. 

INSURANCE PLAN • PENSION FUND • ANNUITY FUND 

Mailing Address: P.O. BOX 6327 • CLEVELAND, OHIO 441 01 -1327 

3250 EUCLID AVENUE- ROOM 150 • CLEVELAND, OHIO 4411 5 

PHONE: 216/241 -1086 TOLL FREE: 1-800-788-8406 • FAX: 216/241-2904 

Certification Regarding Plan Amendments 

The Board of Trustees for the Iron Workers Local 17 Pension Fund, understands and 

acknowledges that upon final authorization to implement the proposed Suspension Plan, it will 

execute the attached Amendment to the Iron Workers Local17 Pension Fund which specifically 

provides t he following certifications pursuant to Internal Revenue Code Section 432(e){9)(H)(vi): 

1. A plan amendment implementing t he plan changes necessary for t he implementation of 

the Suspension Plan. 

2. A plan amendment will be timely adopted and not modified at any time before the 

suspension of benefits expires. 

3. A plan amendment providing that in accordance with Code Section 432(e}(9)(C)(ii), the 

benefit suspension will cease as of the first day of the first plan year following the plan 

year in which the plan sponsor fails to determine that both: 

(a) All reasonable measures to avoid insolvency continue to be taken during the period 

of the benefit suspension; and 

(b) The plan is projected to become insolvent unless benefits continue to be suspended. 

4. A plan amendment providing that any future benefit improvements must satisfy t he 

requirements of Code Section 432(e)(9)(E). 

Richard Jordan 

Authorized Trustee Representative for the 

Iron Workers Loca117 Pension Fund 

Date: '1____,/,__~ ~~~-----''---= C, __ 
AMENDMENT 

TO THE

IRON WORKERS LOCAL 17 PENSION FUND

RULES AND REGULATIONS

This Agreement, made this ___ day of _________, 2017, by and between the Board of 

Trustees of the Iron Workers Local 17 Pension Fund: 

WHEREAS, the Board of Trustees of the Iron Workers Local 17 Pension Fund previously 

adopted the Pension Plan Rules and Regulations effective May 1, 2014 (the "Plan") and currently 

administers and maintains the Plan for the benefit of members covered thereunder; and 

WHEREAS, the right to further amend the Plan has been reserved to the Board of Trustees 

under Article VIII of the Plan; and 

WHEREAS, it is the intent of the Board of Trustees to amend the Plan to implement a 

suspension plan in compliance with the Multiemployer Pension Reform Act of 2014 (“MPRA”) as 

codified in Internal Revenue Code (“Code”) Section 432(e)(9) and the Employee Retirement 

Income Security Act of 1976 (“ERISA”) Section 305(e)(9); 

WHEREAS, the Board of Trustees certifies that the benefit suspension shall commence 

February 1, 2017 after authorization by the Secretary of Treasury and shall cease as of the first day 

of the first Plan Year following the Plan Year that the Board of Trustees fails to determine both of 

the following: 

(a) All reasonable measures to avoid insolvency continue to be taken during the period of

the benefit suspension; and

(b) The Plan is still projected to become insolvent unless benefits are suspended under this

suspension plan;

WHEREAS, the Board of Trustees certifies that it will not provide any future benefit 

improvements during the period of this benefit suspension for active participants and beneficiaries 

unless and until such as time as equitable benefit improvements are adopted for all participants and 

beneficiaries in accordance with IRC Section 432(e)(9)(E); 

WHEREAS, the Board of Trustees certify that the benefit suspensions in this Plan 

Amendment shall not be modified, notwithstanding the provisions of Article VIII of the Plan, 

before the suspension of benefits expires. 

NOW, THEREFORE, the Board of Trustees agrees and declares that, effective February 1, 

2017, the Plan be, and hereby is, amended in the following respects: 

IW17PF_882
Article I, Section 1.29 shall be added in its entirety to read as follows: 

Section 1.29. Suspension Plan Terms

“Suspension Plan” means the changes to this Plan, including reduction in accrued 

benefits and elimination of early retirement subsidies, adopted by the Board of 

Trustees upon approval of the Department of Treasury in accordance with Code 

Section 432(e)(9) and ERISA Section 305(e)(9). The effective date of the 

Suspension Plan shall be referred to herein as the “Suspension Date” which is 

February 1, 2017. 

“Affected Participants” include all Participants, Beneficiaries and Alternate 

Payees under the Pension Fund as of the Suspension Date that are not otherwise 

classified as “Exempted Participants” or “Limited Suspension Participants.”

“Exempted Participants” include the following: (1) any Participant or Beneficiary 

that if the Suspension Plan was applied would have a monthly benefit below 110 

percent of the monthly benefit which is guaranteed by the Pension Benefit 

Guaranty Corporation; (2) any Participant or Beneficiary that has attained age 80 

as of the last day of the month that includes the effective date of the Suspension 

Plan; (3) any Participant or Beneficiary receiving a Disability Pension as of the 

effective date of the Suspension Plan. 

“Limited Suspension Participants” include Participants and Beneficiaries who are 

between age 75 and age 80 as of the last day of the month that includes the 

effective date of the Suspension Plan. This group shall have the suspension and 

reduction of benefits limited in accordance with Code Section 432(e)(9)(D)(ii). 

Article III, Section 3.03 shall be amended in part to add a new paragraph (a) to read as 

follows:

Section 3.03. Regular Pension – Amount

(a) Under the terms of the Suspension Plan, no Affected Participant is eligible to

accrue a benefit which on average is greater than $72.00 per Pension Credit per

year of Service earned as of the Suspension Date. Effective as of the Suspension

Date, all Affected Participants in pay status shall begin receiving an adjusted

monthly benefit reflecting the adjusted benefit accrual of no greater than $72.00

on average. Limited Suspension Participants shall receive the adjusted monthly

benefit reflecting his or her age as of the last day of the month that includes the

Suspension Date. Effective as of the Suspension Date, all other Affected

Participants under the Plan shall receive an adjustment in the Plan records.

Article III, Section 3.03 shall be amended to change paragraphs (a) through (l) to (b) through 

(m).

IW17PF_883
Article III, Section 3.13 shall be amended in its entirety to read as follows: 

Section 3.13. Special 30 Year Service Pension – Amount

The amount of the Special 30 Year Service Pension shall be the amount of the 

Regular Pension to which the Participant would be eligible upon attaining age 65 

which is in effect on the Participant’s Annuity Starting Date. 

Provided; however, under the Suspension Plan, no Affected Participant that 

retired prior to age 62 shall receive the full amount of the Regular Pension to 

which the Participant would be eligible upon attaining age 65 even under the 

Special 30 Year Service Pension. Accordingly, as of the Suspension Date, all 

Affected Participants in pay status shall begin receiving an adjusted monthly 

benefit reflecting a reduction of one and one-half percent (1.5%) per year younger 

than age 62 or one eighth of one percent (0.125%) per month younger than age 62 

the Affected Participant was at his or her retirement date. Limited Suspension 

Participants shall receive the adjusted monthly benefit reflecting his or her age as 

of the last day of the month that includes the Suspension Date.

Article IV, Section 4.02 shall be amended to change subsection (c) to read as follows: 

Section 4.02. Pension Credits. 

(c) Employment after May 1, 1986 until May 1, 2005 

For employment after May 1, 1986, a Participant shall be credited with Pension 

Credits on the basis of his hours of work in Covered Employment in accordance 

with the following schedule for the Plan Credit Year ending April 30, 1986 

through April 30, 2005: 

Hours of Work Pension Credit

Less than 300 0 Pension Credit

300 but less than 600 1⁄4 Pension Credit

600 but less than 900 1⁄2 Pension Credit

900 but less than 1,200 3⁄4 Pension Credit

1,200 but less than 1,750 1 Pension Credit

1,750 but less than 2,000 1-1/4 Pension Credits

2,000 or more hours 1-1/2 Pension Credits

A Participant was no longer eligible to earn more than one (1) Pension Credit for 

any Plan Year beginning on or after May 1, 2005. 

Effective as of the Suspension Date, all Participants under this Plan shall have all 

Pension Credits earned between May 1, 1986 and April 30, 2005 revised to the 

following schedule: 

IW17PF_884
Hours of Work Pension Credit

Less than 300 0 Pension Credit

300 but less than 600 1⁄4 Pension Credit

600 but less than 900 1⁄2 Pension Credit

900 but less than 1,200 3⁄4 Pension Credit

1,200 or more hours 1 Pension Credit

Under the terms of the Suspension Plan, no Affected Participant is eligible to earn 

more than one (1) Pension Credit for any Plan Year. Effective as of the 

Suspension Date, all Affected Participants in pay status shall begin receiving an 

adjusted monthly benefit reflecting the new total Pension Credits. Limited 

Suspension Participants shall receive the adjusted monthly benefit reflecting his 

or her age as of the last day of the month that includes the Suspension Date. 

Effective as of the Suspension Date, all other Affected Participants under the Plan 

shall receive an adjustment in the Plan records. 

Article VI, Section 6.08(a) shall be amended in part to add a new subparagraph (3) to read as 

follows:

Section 6.08. Suspension of Benefits.

(a) Before Normal Retirement Age.

(3) Under the Suspension Plan, any Pensioner as of the Suspension Date will

have the ability to return to work in otherwise disqualifying employment

for up to 39 1⁄2 hours paid a month without having the monthly benefit

suspended. “Disqualifying Employment” for this provision shall be

defined under the same rules as apply to Pensioners after Normal

Retirement Age in subsection (b) of this Section 6.08. Advance notice of

the return to work must be provided in accordance with Section 6.08(d).

Failure to provide such notice will result in the application of the penalties

under Section 6.08(a)(2) above.

EXCEPT as herein amended and modified, all of the terms and provisions of the Plan are 

hereby affirmed.

IN WITNESS WHEREOF, the Board of Trustees of the Iron Workers Local 17 Pension 

Fund has caused the foregoing Amendment to be executed at Cleveland Ohio on the day, month and 

year first written above.

BOARD OF TRUSTEES

IW17PF_885
Checklist Item #35 Resubmission Application for Approval of a

Suspension of Benefits Under MPRA

Iron Workers Local 17 Pension Fund EIN: 51-0161467

Plan No.: 001

Does the application 

include a designation of 

power of attorney for each 

authorized representative 

who will represent the plan 

sponsor in connection with 

the application. 

See section 7.05 and 

Appendix B. 

The Trustees for the Iron Workers Local 17 

Pension Fund prepared the Power of Attorney and 

Designation of Authorized Representative Before 

the Department of Treasury based upon the Model 

document provided in Revenue Procedure 2016-

27. The Power of Attorney Designation signed by

the Chairman Trustee for the Iron Workers Local

17 Pension Fund as the Authorized Trustee and

the Pension Fund’s Legal Counsel is attached at

pages IW17PF_887 - 888.

IW17PF_886
IW17PF_887

Redacted by the U.S. Department of the 

Treasury

Power of Attorney and Declaration of Authorized Representative Before the 

Department of Treasury 

Applicant information: Board of Trustees, Iron Workers Local 17 Pension Fund 

3250 Euclid Avenue 

Room 150 

Cleveland Ohio 44115 

EIN: 51-0161467 

Plan number: 001 

Richard Jordan, Chairman of the Board of Trustees Phone: 

(216) 241-1086 

Fax: (216) 241-2904 

The Board of Trustees for the Iron Workers Local 17 Pension Fund hereby appoints the 

following representative as attorney-in-fact to represent the taxpayer before the 

Department of the Treasury and perform acts related to the attached application dated 

July 29, 2016 for suspension of benefits under §432(e)(9) of the Internal Revenue Code 

of 1986, as amended. 

Representative information: Teresa R. Pofok 

Goldstein Gragel LLC 

1111 Superior Avenue 

Suite 620 

Cleveland Ohio 44114 

EIN: 26-3575398 

Phone: (216) 771-6633 ext. 4 

tpofok@ggcounsel.com 

Fax: (216) 771-7559 

Send copies of notices and communications to representative: Yes 

With the exception of the acts described below, I authorize my representative( s) to receive 

and inspect my confidential tax information and to perform acts that I can perform with 

respect to the attached application dated July 29, 2016 for suspension of benefits under 

§ 432{e){9). For example, my representative(s) shall have the authority to sign any 

agreements, consents, or similar documents. 

Specific acts not authorized: None 

Richard Jordan 

Authorized Trustee Representative for Iron Workers Local 17 Pension Fund 
IW17PF_888

Redacted by the U.S. Department of 

the Treasury
Checklist Item #36 Resubmitted Application for Approval of a 

Suspension of Benefits Under MPRA

Iron Workers Local 17 Pension Fund EIN: 51-0161467

Plan No.: 001

Does the application 

include

• the required plan

documents,

• any recent

amendments,

• the summary plan

description (SPD),

• the summary of

material

modifications, and

• the most recent

determination letter.

See section 7.06

The following information was initially provided 

with the December 23, 2016 application on behalf 

of the Iron Workers Local 17 Pension Fund:

• Iron Workers Local 17 Pension Fund

Pension Plan Rules and Regulations

Restated Effective May 1, 2010, including

all amendments(pages IW17PF_371-488);

• Iron Workers Local 17 Pension Fund

Pension Plan Rules and Regulations

Restated Effective May 1, 2014 as

amended through December 31,

2014(pages IW17PF_489-598);

• Iron Workers Local 17 Pension Fund

Summary Plan Description Updated

2013(pages IW17PF_599-662);

• IRS Determination Letter Dated October

19, 2012(pages IW17PF_663-665); and

• IRS Acknowledgement Letter Dated March

12, 2015 regarding pending IRS

Determination Letter Request (page

IW17PF_667).

On January 20, 2016, the Pension Fund received

a favorable IRS Determination Letter on the May 

1, 2014 Plan Restatement, so a copy is provided 

at pages IW17PF_889 – IW17PF_892. 

IW17PF_889
IW17PF_890

INTERNAL REVENUE SERVICE 

P. 0. BOX 2508 

CINCINNATI, OH 45201 

DEPARTMENT OF THE TREASURY 

Date: JAN 2 0 2016 Employer Identification Number: 

51-0161467 

BOARD OF TRUSTEES FOR THE IRON 

WORKERS LOCAL 17 PENSION PLAN 

3250 EUCLID AVENUE ROOM 150 

CLEVELAND, OH 44115 

DLN: 

17007044125005 

Person to Contact: 

DWAYNE T MASON 

Contact Telephone Number: 

(513) 263-4750 

Plan Name : 

ID# 31037 

IRON WORKERS LOCAL 17 PENSION FUND 

Plan Number: 001 

Dear Applicant : 

Based on the information you provided, we are issuing this favorable 

determination letter for your plan listed above. However, our favorable 

determination only applies to the status of your plan under the Internal 

Revenue Code and is not a determination on the effect of other federal or local 

statutes. To use this letter as proof of the plan's status, you must keep this 

letter, the application forms, and all correspondence with us about your 

application. 

Your determination letter does not apply to any qualification changes that 

become effective, any guidance issued, or any statutes enacted after the dates 

specified in the cumulative List of Changes in Plan Requirements (the 

Cumulative List) for the cycle you submitted your application under, unless the 

new item was identified in the cumulative List. 

Your plan's continued qualification in its present form will depend on its 

effect in operation (Section 1.401-1(b) (3) of the Income Tax Regulations). We 

may review the status of the plan in operation periodically . 

You can find more info rmation on favorable determination letters in Publication 

794, Favorable Determination Letter, including: 

The significance and scope of reliance on this letter, 

The effect of any elective determination request in your application 

materials, 

The reporting requirements for qualified plans, and 

Examples of the effect of a plan's operation on its qualified status. 

You can get a copy of Publication 794 by visiting our website at 

www.irs.gov/formspubs o r by calling 1-800- TAX-FORM (1-800-829 -3676) to request 

a copy. 

This determination letter applies to the amendments dated on 

11/11/14 & 8/23/13. 

This determination letter also applies to the amendments dated on 

Letter 5274 
IW17PF_891

Redacted by the U.S. Department of the 

Treasury
IW17PF_892

-3-

BOARD OF TRUSTEES FOR THE IRON 

This determination letter does not apply to any portions of the document that 

incorporate the terms of an auxiliary agreement (collective bargaining, 

reciprocity, or participation agreement), unless you append to the plan 

document the exact language of the sections that you incorporated by reference. 

Letter 5274