Amended and Restated Effective May 1, 2014 * 

* Except as Otherwise Stated 

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TABLE OF CONTENTS 

ARTICLE I: DEFINITIONS ....................................................................................................... ! 

1.1 Accrued Benefit ........................................................................................................ 1 

1.2 Act - ERISA ............................................................................................................. l 

1.3 Active Participant ..................................................................................................... 1 

1.4 Actuarial Equivalent ................................................................................................. 1 

1.5 Beneficiary ................................................................................................................ 2 

1.6 Break in Service ........................................................................................................ 2 

1. 7 Computation Period for Eligibility to Participate ..................................................... .4 

1.8 Contiguous Non-Covered Service ............................................................................. 4 

1.9 Covered Service ........................................................................................................ 4 

1.10 Domestic Relations Order ......................................................................................... 4 

1.11 Early Retirement Age ............................................................................................... 5 

1.12 Effective Date .......................................................................................................... 5 

1.13 Employee .................................................................................................................. 5 

1.14 Employer .................................................................................................................. 6 

1.15 Employer Contributions or Contributions ................................................................. 7 

1.16 Fiduciary ................................................................................................................... 7 

1.17 Forfeited Service ....................................................................................................... 7 

1.18 Hours of Service - Hours Worked ............................................................................ 8 

1.19 Inactive Participant ................................................................................................... 8 

1.20 Jurisdiction of this Fund ........................................................................................... 8 

1.21 Military Service ........................................................................................................ 8 

1.22 Non-Covered Service .............................................................................................. 11 

1.23 Non-Covered Sheet Metal Employment ................................................................. 11 

1.24 Non-Vested Employee ............................................................................................ 11 

1.25 Normal Retirement Age .......................................................................................... 11 

1.26 Other Definitions .................................................................................................... 12 

1.27 Original Plan - Prior Plan ....................................................................................... 12 

1.28 Participant. .............................................................................................................. 12 

1.29 Pension Plan - Plan ................................................................................................ 13 

1.30 Plan Year ................................................................................................................ 13 

1.31 Qualified Domestic Relations Order ....................................................................... 13 

1.32 Reciprocity Hours Worked ..................................................................................... 14 

1.33 Restatement Date .................................................................................................... 15 

1.34 Retirement Benefit or Benefits ................................................................................ 15 

1.35 Service .................................................................................................................... 15 

1.36 Sheet Metal Industry ............................................................................................... 16 

1.38 Terminated Vested Participant.. .............................................................................. 17 

1.39 Total and Permanent Disability .............................................................................. 17 

1.40 Trustees ................................................................................ , ................................. 17 

1.41 Trust Agreement ..................................................................................................... 17 

1.42 Trust Fund- Fund .................................................................................................. 17 

1.43 Union ...................................................................................................................... 18 

1.44 Vested Participant ................................................................................................... 18 

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1.45 Vesting and Benefit Accrual Computation Period .................................................. .18 

ARTICLE II: CLASSES OF BENEFITS .................................................................................. 19 

2.1 Classes ofBenefits .................................................................................................. 19 

ARTICLE III: NORt\'IAL RETIREMENT BENEFITS .......................................................... .20 

3.1 Eligibility for Nonnal Retirement Benefits ............................................................ .20 

3.2 Amount of Normal Retirement Benefit.. ................................................................. 20 

3.3 When Paid .............................................................................................................. 21 

3.4 Calculation of Benefit for Terminated Vested Participants .................................... .22 

ARTICLE IV: EARLY RETIREMENT BENEFITS .............................................................. .23 

4.1 Eligibility for Early Retirement Benefits .......................... : ..................................... .23 

4.2 Form of Benefit ...................................................................................................... 23 

4.3 Amount of Early Retirement Benefit ...................................................................... 23 

4.4 When Paid .............................................................................................................. 23 

ARTICLE V: TOTAL AND PERlVIANENT DISABILITY BENEFITS ................................ 25 

ARTICLE VI: QUALIFIED JOINT AND 50% or 75% SURVIVOR BENEFITS ............... 26 

6.1 Manner of Payment and Right of Election .............................................................. 26 

6.2 Eligibility for Qualified Joint and 50% Survivor Benefits ....................................... 27 

6.3 Description and Amount of Qualified Joint and 50% Survivor Benefits ................. 28 

6.4 When Paid .............................................................................................................. 28 

6.5 Alternative Joint and 75% Survivor Benefit.. .......................................................... 29 

6.6 Eligibility for Qualified Joint and 75% Survivor Benefits ....................................... 30 

6. 7 Description and Amount of Qualified Joint and 50% Survivor Benefits .............. 30 

6.8 When Paid .............................................................................................................. 31 

ARTICLE VII: FIVE OR TEN YEAR CERTAIN AL~D LIFE BENEFIT - OPTIONAL 

BENEFIT .......................................................................................................................... 32 

7 .1 Right to Elect the Five or Ten Year Certain and Life Benefit.. ................................ 32 

7.2 Eligibility for the Five or Ten Year Certain and Life Benefit .................................. 32 

7.3 Amount and Duration of the Five or Ten Year Certain and Life Benefit.. ............... 32 

7.4 When Paid .............................................................................................................. 32 

ARTICLE VIII: DEATH BENEFITS ........................................................................................ 34 

8.1 Pre-Retirement Death Benefits .............................................................................. .34 

8.2 When Paid .............................................................................................................. 34 

8.3 Election to Defer Commencement of Payment ········:··············································35 

8.4 Notice Requirements .............................................................................................. 35 

8.5 Post-Retirement Death Benefit .............................................................................. .36 

8.6 Designation of Beneficiary ...................................................................................... 36 

8.7 No Beneficiary Designation .................................................................................... 36 

ARTICLE IX: VESTING ........................................................................................................... 37 

9.1 Vesting ................................................................................................................... 37 

9 .2 When a Participant Returns to Work. ..................................................................... .3 7 

9.3 Greater Benefit Prevails .......................................................................................... 38 

ARTICLE X: SUSPENSION OF RETIREMENT BENEFITS ............................................... 39 

I 0.1 Suspension of Retirement Benefits ......................................................................... 39 

10.2 Before Nonnal Retirement Age .............................................................................. 39 

10.3 After Normal Retirement Age ................................................................................ .40 

10.4 Forty Hour Rule ...................................................................................................... 40 

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10 .5 Same Industry ......................................................................................................... 40 

10.6 Same Trade or Craft ................................................................................................ 40 

10.7 Geographic Area ..................................................................................................... 41 

10.8 Notification and Presumption ................................................................................. 41 

10 .9 Notification Requirement for Resumption of Benefits ............................................ 41 

10.10 Reinstatement of Retirement Benefits ........................................................ .41 

10.11 Advance Determination .............................................................................. 42 

10.12 Recovery of Overpayments- Offset Rule .................................................. .42 

10.13 Individuals Over Age 701⁄2 ......................................................................... .43 

ARTICLE XI: QUALIFIED DOMESTIC RELATIONS ORDER ........................................ .44 

11.1 Qualified Domestic Relations Order ...................................................................... .44 

11.2 Alternate Payee ....................................................................................................... 45 

11.3 Spendthrift Exception for Qualified Domestic Relations Order ............................. .45 

11.4 Procedures for Notice and Determination by Plan Administrative Manager .......... .45 

ARTICLE XII: ADMINISTRATION OF THE PLAN ........................................................... .46 

12.1 Responsibility for Administration .......................................................................... .46 

12.2 Fiduciary Duties ...................................................................................................... 46 

12.3 Limitation on Rights to Benefits ............................................................................ .46 

12.4 Benefits Limited by Pension Plan .......................................................................... .46 

12.5 Assignment of Benefits ........................................................................................... 47 

12.6 Forfeitures .............................................................................................................. 47 

12.8 Incapacity ................................................................................................................ 48 

12.9 Death Benefit Payable to Minors ........................................................................... .48 

12.10 Information Required .................................................................................. 48 

12.11 No Reversion for Employees ..................................................................... .48 

12.12 Duplication of Benefits .............................................................................. .48 

12.13 Gender ........................................................................................................ 48 

12.14 Commencement of Benefits and Method of Payment ................................ .49 

12.15 Minimum Distribution Requirements ........................................................ 50 

12.16 Retroactive Annuity Starting Dates ........................................................... 50 

12.17 Freezing Benefits Upon Becoming Terminated Vested Participant.. ........... 50 

12.18 Rollovers .................................................................................................... 50 

12.19 LimitationofBenefits ................................................................................. 54 

12.20 Annual Statement to Participants ................................................................ 54 

12.21 Modification of Top-Heavy Rules ............................................................. 54 

12.22 Annual Actuarial Valuation ....................................................................... 56 

12.23 Consequences of Deferral .......................................................................... 56 

ARTICLE XIII: BENEFIT APPLICATION, ELECTION AND APPEALS PROCEDURES58 

13.1 Application for Retirement Benefits, Vested Benefits and Death Benefits ............. .58 

13.2 Election of Benefits ................................................................................................ 58 

13.3 Notification of Approval or Non-approval of Application ...................................... 58 

ARTICLE XIV: FUNDING OF BENEFITS ............................................................................. 65 

14.1 Source of Contributions .......................................................................................... 65 

14.2 Investment and Funding Policy ............................................................................... 65 

14.3 Actuarial Valuations and Plan Review .................................................................... 65 

ARTICLE XV: LIMITATION IMPOSED BY INTERNAL REVENUE SERVICE ............. 66 

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15.1 Limitation Year ...................................................................................................... 66 

15.2 Annual Benefit ....................................................................................................... 66 

15.3 Participation in Other Defined Benefit Plans ......................................................... 66 

15.4 Accrued Benefit Prior to July 1, 2007 .................................................................... 66 

15.5 Limitations ......................................................................................................... : ... 66 

ARTICLE XVI: DISCRIMINATION AND MINIMUM COVERAGE REQUIREMENTS68 

16.1 Compensation Defined ........................................................................................... 68 

16.2 Highly Compensated Employee .............................................................................. 68 

16.3 Compliance Internal Revenue Code Section 401(a)(4) and 410(b) ......................... 69 

16.4 Requirements of the Internal Revenue Code ........................................................... 69 

ARTICLE XVII: AMENDlVIENT AND TERMINATION OF PLAN ..................................... 70 

17.1 PlanAmendments ................................................................................................... 70 

17.2 Termination of the Plan .......................................................................................... 70 

17 .3 Procedures in Event of Termination ........................................................................ 70 

17.4 Manner of Distribution ........................................................................................... 71 

17.5 Allocation of Assets ................................................................................................ 71 

17.6 Vesting on Termination .......................................................................................... 72 

17. 7 Merger or Consolidation of the Plan ....................................................................... 72 

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ARTICLE I: DEFINITIONS 

1.1 Accrued Benefit 

(A) The term "Accrued Benefit" means a monthly benefit commencing at Normal 

Retirement Age that has been earned by a Participant for Service according to the 

benefit formula described in Section 3.2. 

1.2 Act - ERISA 

(A) The tenn "Act" or "ERISA" means the Employee Retirement Income Security Act 

of 1974, including any Amendments and pertinent Regulations. 

1.3 Active Participant 

(A) The tenn "Active Participant" means a Participant who has not yet become a 

retired, deceased, Inactive Participant or a Terminated Vested Participant and who 

has not yet suffered Forfeited Service, but who has accrued at least one Year of 

Service during the two preceding Plan Years. 

1.4 Actuarial Equivalent 

(A) The tenn "Actuarial Equivalent" means a benefit having the same value as the 

benefit which it replaces. Effective May 1, 1988, an Actuarial Equivalent annuity 

shall be based upon the Unisex Pension 1984 (UP-84) mortality table, such table 

set back five years for joint annuitants, and an interest rate of six and one-half 

percent. 

(B) The determination of the amount of a single sum cash out paid prior to May 1, 

1995 shall be based upon the Unisex Pension 1984 (UP-84) mortality table and 

the immediate and deferred interest rates in effect at the beginning of the Plan 

Year as published by the PBGC for use in determining the present value of a lump 

sum distribution. 

(C) The determination of the amount of a single sum cash out paid on or after May 1, 

1995 shall be based upon the Commissioners' Standard Table and an interest rate 

equal to: 

(1) the aimual rate of interest as defined in IRS Code Section 417(e)(3) and 

ERISA Section 205(g)(3) for the month before the date of distribution, or 

(2) six percent, 

whichever produces the greater single sum value. 

(D) The term "Commissioners' Standard Table" means the prevailing commissioners' 

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standard mortality table described in IRS Code Section 807(d)(5)(A) used to 

determine reserves for group annuity contracts (without regard to any other 

subparagraph of Section 807( d)( 5). 

(E) Effective May 1, 2008, the applicable interest rate means the adjusted first, 

second, and third segment rates applied under rules similar to the rules of § 

430(h)(2)(C) for the month before the date of the distribution or such other time as 

the Secretary may by regulations prescribe. 

(F) The adjusted first, second, and third segment rates are the first, second, and third 

segment rates which would be determined under§ 430(h)(2)(C) if: 

(1) § 430(h)(2)(C) were applied by substituting the average yields for the 

month described for the average yields for the 24-month period described 

in such section, 

(2) § 430(h)(2)(G)(i)(II) were applied by substituting "§ 417 ( e )(3)(A)(ii)(II)" 

for"§ 412(b)(5)(B)(ii)(II)", and 

(3) the applicable percentage under § 430(h)(2)(G) were determined m 

accordance with the following table: 

In the case of plan years beginning in: 

2008 

2009 

2010 

2011 

The applicable percentage is: 

20% 

40% 

60% 

80% 

(G) The term "applicable mortality table" means a mortality table, modified as 

appropriate by the Secretary, based on the mortality table specified for the plan 

year under subparagraph (A) of§ 430(h)(3) (without regard to subparagraph (C) 

or (D) of such section). 

1.5 Beneficiary 

(A) The term "Beneficiary" means a person designated by a Participant, or by the terms 

of the Plan created pursuant to the Trust Agreement, who is or may become entitled 

to a benefit. The Beneficiary of a married Participant shall be his spouse. 

1.6 Break in Service 

(A) The term "Break In Service" means a Plan Year beginning on and after the time an 

Employee becomes an eligible Participant during which the Participant fails to 

acquire four hundred thirty five hours worked. 

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(B) It shall not be considered a Break in Service if a Participant is unable to earn one 

Year of Service because of an accident or illness or service in the armed forces of 

the United States, provided the administration office is notified of such accident, 

illness or service in a form satisfactory to the Trustees. 

(C) If a Vested Employee who has suffered a Break in Service returns to Covered 

Service with an Employer, the Vested Employee shall paiiicipate in the Plan 

immediately upon returning to such Covered Service. 

(D) If a Non-Vested Employee has suffered a Break in Service but has not yet Forfeited 

Service, as defined in Section 1.17, such Employee shall participate immediately 

upon returning to Covered Service with an Employer. 

(E) A Participant who has an absence from work with an Employer, 

(1) by reason of the pregnancy of the Participant; 

(2) by reason of the birth of a child; 

(3) by reason of the placement of a child with the Participant in connection with 

the adoption of such child by the Participant (including placement with the 

Participa11t for a trial period prior to adoption); 

(4) for purposes of caring for such child for a period beginning with such birth 

or placement; or 

( 5) by reason of Military Service as defined in Section 1.21; 

shall be credited with Hours of Service provided that the Participant timely 

furnishes to the Board of Trustees such information as the Board of Trustees may 

reasonably require to establish that (1) the absence from work is for one of the 

reasons referred to above, and (2) 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 of Service cannot be 

determined, eight hours shall be credited per day of such absence. In no event, 

however, shall more than four hundred thirty-five Hours of Service be credited for 

such period of absence. Hours of Service under this subsection shall be credited 

solely for purposes of preventing the occurrence of a Break in Service. 

(F) An individual re-employed under Uniformed Services Employment and 

Reemployment Rights Act (USERRA) is treated under the Plan as not having 

incurred a Break in Service with the Employer maintaining the Plan because of 

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the individual's period of Qualified Military Service, i.e. any service in the 

unifonned service by any individual who is entitled to re-employment rights under 

USERRA, Code Section 414(u)(5). 

(G) Each period of Qualified Military Service by an individual is, upon reemployment 

under Unifonned Services Employment and Reemployment Rights Act 

(USERRA), considered under the Plan to be Service with the Employer 

maintaining the Plan for the purpose of: (1) determining the nonforfeitability of 

the individual's Accrued Benefits under the Plan, and (2) detennining the accrual 

of benefits under the Plan. 

(H) Notwithstanding the foregoing, no Hours of Service shall be credited under this 

section 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 

five years and the Employee fulfills the notice requirements set forth in Section 

1.21 and as required by 38 U.S.C. Section 4312, et seq., as amended, and any 

regulations promulgated thereunder. 

1.7 Computation Period for Eligibility to Participate 

(A) The computation period used to determine the eligibility of an Employee to 

participate in the Plan shall be measured from the first day of the Employee's first 

payroll period, as long as the payroll period is no more than thirty-one days, and 

ending on the anniversary of the last day of such payroll period. 

1.8 Contiguous Non-Covered Service 

(A) 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. 

1.9 Covered Service 

(A) The tenn "Covered Service" means service with an Employer or Employers within a 

job classification or class of Employees covered under the Plan that compensation is 

paid for, or is entitled to payment for, in accordance with the Collective Bargaining 

Agreement or other agreement. 

1.10 Domestic Relations Order 

(A) The term "Domestic Relations Order" means any judgment, decree or order 

(including approval of a property settlement agreement) which relates to the 

provision of child support, alimony payments or marital property rights to a spouse, 

former spouse, child or other dependent of a Participant or former Participant, and 

which is made pursuant to a State Domestic Relations Order (including a 

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community property law). 

1.11 Early Retirement Age 

(A) For a Participant who earns Service as a Non-Collectively Bargained Employee, 

Early Retirement Age means the Participant's age prior to his sixty-second 

birthday when he first reaches age fifty-five and has been credited with five or 

more Years of Service. 

(B) For those Active Participants who retire on or after January 1, 1999, "Early 

Retirement Age" means the age prior to the Participant's sixty-first birthday when 

he first reaches age fifty-five and has been credited with five or more Years of 

Service. 

1.12 Effective Date 

(A) The tenn "Effective Date" means the applicable date(s) the provisions of this Plan 

become effective. Where no effective date is specified, the effective date shall be 

May 1, 2014. 

1.13 Employee 

(A) The term "Employee" means: 

(1) All Employees represented for the purpose of collective bargaining by the 

Union who perform more than fifty percent of their work as bargaining unit 

work for an Employer who is required to make contributions to the Trust 

Fund in accordance with a Collective Bargaining Agreement. These 

Employees shall be referred to as Collectively Bargained Employees. 

(2) 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 and their participation in the 

Plan is permitted only if the Plan does not treat Bargaining Unit Alumni 

more favorably than similarly situated Bargaining Unit Employees and that 

no more than five percent of the Participants in the Plan are Bargaining Unit 

Alumni. For purposes of vesting and benefit accrual earned after May 1, 

1989, these Employees shall be considered Non-Collectively Bargained 

Employees. 

(3) 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. 

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(4) All Employees of an employee benefit plan related to the Union who are 

Bargaining Unit Alumni or Non-Collectively Bargained Employees and who 

participate on a non-discriminatory basis. 

(5) An Owner-Member as defined in the collective bargaining agreement 

between Sheet Metal Workers Local Union No. 33, Akron District and the 

Akron/Canton/Mansfield Roofing and Sheet Metal Contractor's 

Association. 

(B) The term "Employee" shall not include partners or self-employed persons no matter 

how designated. 

(C) An Employee shall not be ineligible to participate in the benefits of the 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. 

1.14 Employer 

(A) The term "Employer" means: 

(1) The Akron-Canton-Mansfield Sheet Metal and Roofing Contractors 

Association and the Wheeling/Steubenville Area Sheet Metal and Roofing 

Contractors Association, which are hereinafter referred to as the 

"Association." Employers who are parties to a Collective Bargaining 

Agreement with the Union as a result of their affiliation with the Association 

shall be referred to as "Association Employers." 

(2) Any other individual, firm, association, partnership or corporation who are 

performing work at the sheet metal trade and who are bound by a Collective 

Bargaining Agreement with said Union and in accordance therewith agree to 

participate in and contribute to the Trust Fund herein created and provided 

for. The participation of Employers shall be on terms which the Trustees, in 

their absolute discretion, shall determine. An Employer in this subsection 

shall be called an "Independent Employer." 

(3) If the Trustees by resolution so provide, and if not judicially detennined by a 

court of final jurisdiction to be a violation of any law or statute, the term 

"Employer" may also include the Union for its Employees who participated 

in the Original Plan prior to this Restatement and any Employee who 

becomes employed by the Union in the Union's Akron/Wheeling district, 

and may also include the Trustees, for their Employees, or any Employee of 

an employee benefit plan related to the Union for its Employees provided 

first any of the above organizations (1) becomes contractually obligated to 

make contributions on behalf of its Employees; (2) signs a copy of this 

agreement or in some other manner acceptable to the Trustees consents in 

writing to be bound by the terms of this agreement; and (3) has been 

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accepted for participation in the Fund by the Trustees on terms which, in 

their absolute discretion, the Trustees shall determine. 

(a) The Employers in this subsection shall have no vote in the selection 

of Employer Trustees. 

(B) Employer shall also include any individual, firm, associat10n, 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 Section 1.13. 

(C) The Employers shall, by the making of payments to the Trust Fund pursuant to a 

Collective Bargaining Agreement, be conclusively deemed to have accepted and be 

bound by this Plan. 

1.15 Employer Contributions or Contributions 

(A) The term "Employer Contributions" or "Contributions" means payments to the Trust 

Fund by an Employer as required under applicable Collective Bargaining 

Agreements or other written agreements. 

1.16 Fiduciary 

(A) The term "Fiduciary" means a person who: 

(1) Exercises any discretionary authority or discretionary control respecting 

management of this Plan or exercises any authority or control respecting 

management or disposition of its assets; 

(2) Renders investment advice for a fee or other compensation, direct or 

indirect, with respect.to any monies or other property of this Plan, or has any 

authority or responsibility to do so; or 

(3) Has any discretionaiy authority or discretionary responsibility in the 

administration of this Plan. 

1.17 Forfeited Service 

(A) The tenn "Forfeited Service" means the number of Years of Service as otherwise 

credited to a Participant that becomes forfeited. If a Non-Vested Employee forfeits 

Service under this Plan and subsequently returns to employment with an Employer, 

he shall be treated as if he were a new Employee first beginning to work with an 

Employer. A Vested Employee cannot forfeit Service under this Plan. 

(B) All Service credited to a Non-Vested Employee shall be forfeited at the time such 

Employee suffers consecutive one year Breaks in Service equaling or exceeding the 

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greater of five years or the Employee's aggregate number of Years of Service 

preceding such Break in Service. 

(C) No Plan benefits shall be based on Hours Worked for which Years of Service were 

credited that later become Forfeited Service. 

1.18 Hours of Service - Hours Worked 

(A) The Board of Trustees has adopted the use of the alternative equivalency method of 

"Hours Worked" to credit Hours of Service for participation, vesting, and benefit 

accrual. The term "Hours Worked" or "Hours of Service" means 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. For the purpose 

of the equivalency Department of Labor regulations 2530.200 (b)-2 (b)-3 are 

incorporated by reference. 

1.19 Inactive Participant 

(A) The tenn "Inactive Participant" means a Participant who has not yet become a 

retired, or deceased and who has not yet suffered Forfeited Service, but who has not 

accrued at least one Year of Service during the two preceding Plan Years. 

1.20 Jurisdiction of this Fund 

(A) The term "Jurisdiction of this Fund" means the industry, trade, or craft in the 

geographical area over which the Union has jurisdiction. 

1.21 Military Service 

(A) Effective December 12, 1994, the term "Military Service" means any absence 

from work by reason of active duty in the armed forces of the United States. An 

Employee shall be given full credit for benefit accrual contributions, Hours of 

Service, participation, vesting, years of Credited Service and years of vesting 

service for the time period, not to exceed five years, in which he was absent from 

work due to Military Service. 

(B) The five year limitation indicated above and in Section 1.6 shall not include any 

service: 

(1) That is required beyond five years to complete an initial period of 

obligated service during which the individual was unable to obtain orders 

releasing him from service in the uniformed services before expiration of 

the five year period, and such inability was through no fault of the 

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individual; 

(2) Performed as required pursuant to IO U.S.C. 10147, under 32 U.S.C. 

502(a) or 503, or to fulfill additional training requirements determined and 

certified in writing by the Secretary of the Military Department considered 

to be necessary for professional development or for completion of skill 

training or retraining; 

(3) Performed by a member of a uniformed service who is: 

(a) Ordered to or retained on active duty under sections 12301(a), 

12301(g), 12302, 12304, 12305, or 688 of Title 10, United States 

Code, or under 14 U.S.C. 331, 332,359,360,367, or 712; 

(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 personnel have been ordered to 

active duty under 10 U.S.C. 12304; 

( 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 

under Chapter 15 or under Section 12406 of Title 10, United States 

Code. 

(C) Contributions shall be made for the above leave of absences by the Fund, in 

compliance with 38 U.S.C. Section 4318, as amended, and any regulations 

promulgated thereunder. The basis for determining the contributions would be the 

average monthly Hours Worked by the Employee requiring contributions to the 

Plan immediately preceding Qualified Military Service, not to exceed a period of 

thirty-six months. 

(D) In order for an Employee to receive continuing benefits as outlined above and in 

Paragraph (B) of this Section, upon the completion of a period of service in the 

uniformed services, said Employee shall notify the respective Employer with 

advance written or verbal notice of such service. An Employee, upon the 

completion of such period of service in the uniformed services, shall notify the 

Employer, as referred to in such subsection below, of the Employee's intent to 

return to a position of employment with such Employer as follows: 

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(1) In the case of a person whose period of service in the uniformed services 

was less than thirty-one days, by reporting to the Employer -

(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 the expiration of eight hours after a 

period allowing for the safe transportation of the Employee from 

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

(b) as soon as possible after the expiration of the eight hour period 

referred to in subsection (D)(l)(a) above, if reporting within the 

period referred to in such clause is impossible or unreasonable 

through no fault of the person. 

(2) In the case of an Employee 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 perfonn service in the uniformed services, by 

reporting in the manner and time referred to in subsection (D)(l). 

(3) In the case of an Employee whose period of service in the uniformed 

services was for more than thirty days but less than one hundred eightyone days, by submitting an application for reemployment with the 

Employer not later than fourteen days after the completion of the period of 

service or if submitting such application within such period is impossible 

or unreasonable through no fault of the Employee, the next first full 

calendar day when submission of such application becomes possible. 

(4) In the case of an Employee whose period of service in the unifo1med 

services was for more than one hundred eighty days, by submitting an 

application for reemployment with the Employer not later than ninety days 

after the completion of the period of service. 

(E) Furthermore, in order to restore the above pension rights, the Employee must 

notify the Fund Office in writing, within sixty days of his discharge, of his intent 

to return to work. 

(F) Upon an Employee's honorable discharge from Military Service the Employee's 

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

entered Military Service, provided the Employee fulfills the notice and 

documentation requirements outlined above. In addition to said notices, the 

Employee shall also supply the Fund Office with copies of his discharge papers 

showing the date of his induction or enlistment in Military Service and the date of 

his discharge. Failure on the part of the Employee to file such notice and 

documentation with the Fund Office may be deemed an indication that the 

Employee does not wish to restore his eligibility status under the Plan. 

10 

0176
(G) A person who is hospitalized for, or convalescing from, an illness or mJury 

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 subsection (D)(l) or (D)(2) of this section) or submit an 

application for reemployment with such Employer (in the case of a person 

described in subsections (C) or (D) above). Except as provided in paragraph (H) 

below such period of recovery may not exceed two years. 

(H) Such two year period shall be extended by the minimum time period to 

accommodate the circumstances beyond such person's control which make 

repmiing within the period specified in subsection (D)(l)(a) above impossible or 

unreasonable. 

1.22 Non-Covered Service 

(A) The term "Non-Covered Service" means service with an employer or employers 

which is not Covered Service. 

1.23 Non-Covered Sheet Metal Employment 

(A) Non-Covered Sheet Metal Employment means on or after September 1, 1991, selfemployment in the Sheet Metal Industry within the same geographical area of the 

Fund as defined in Section 10.7, or employment for an employer which does not 

have a Collective Bargaining Agreement between the Union and the employer. 

1.24 Non-Vested Employee 

(A) The term "Non-Vested Employee" means a Participant who is not vested under the 

Plan. 

1.25 Normal Retirement Age 

(A) 11Normal Retirement Age" means the earlier of: 

(1) The time the Participant attains at least sixty-one years of age and has been 

credited with five or more Years of Service; or 

(2) The later of: 

(a) age sixty-five, or 

(b) the fifth anniversary of the time the Participant first commenced 

participation in the Plan. 

11 

0177
1.26 Other Definitions 

(A) Other definitions as required may appear in the text of other sections and/or articles 

of the Plan document. Wherever the masculine pronoun is used herein, it shall 

include the feminine and the feminine pronoun shall include the masculine. 

1.27 Original Plan - Prior Plan 

(A) The term "Original Plan" or "Prior Plan" means the Plan as it was in effect prior to 

this Restatement. 

1.28 Participant 

(A) Each Employee who was a Participant in the Original Plan as of May 1, 1987, and 

who did not suffer a Break in Service as that term was used in the Original Plan as 

of that date shall be a Participant in the Plan as of May 1, 1987. 

(B) Each person who becomes an Employee as defined in Section 1.7 on or after 

January l, 1989, shall become a Participant on the beginning of the Plan Year 

following the total of four hundred thirty five Hours Worked within the 

Computation Period for Eligibility to Participate or on November l, whichever is 

earlier. If an Employee does not become a Participant within the first computation 

period, 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. 

(C) Once an Employee becomes a Participant, his eligibility for continued participation 

shall be measured by Service within a Plan Year beginning with the Plan Year 

which includes the first anniversary of the Employee's employment commencement 

date. 

(D) In the event a Participant suffers Forfeited Service, he shall, upon return to the status 

of an Employee, be required to meet the foregoing requirements before again 

becoming a Participant. 

(E) An Owner-Member, as defined in Section 1.13(A)(5), shall be deemed a 

"Participant" or an "Employee" if (1) a Contributing Employer is required to 

contribute to the Plan on behalf of the Owner-Member pursuant to a Collective 

Bargaining Agreement, or (2) the Owner-Member is employed by a Contributing 

Employer, is not included in a collective bargaining unit represented either by the 

Union but is permitted to be treated as so included pursuant to the rules set forth in 

Treasury Regulation Section 1.4 lO(b )-6( d)(2)(ii), and the Owner-Member's 

Employer contributes to the Plan on behalf of the Owner Member in order to 

continue to provide benefits previously provided to the Owner-Member as a 

Covered Employee. If a Contributing Employer contributes to the Plan on behalf of 

an Owner-Member pursuant to this Section l .28(E), the Plan Document and the 

12 

0178
Trust Document shall be deemed to be a successor agreement to the Collective 

Bargaining Agreement under which such Owner-Member was most recently 

covered, by so-contributing the Employer agrees to be bound by the terms of the 

Plan Document and Trust Document, and such Owner-Member shall be deemed to 

continue to be covered under such Collective Bargaining Agreement, including any 

changes thereto, at the position the Owner-Member most recently held under such 

Collective Bargaining Agreement for purposes of determining the Contribution Rate 

and the Contribution Hours on behalf of the Owner-Member. If a Contributing 

Employer employing an Owner-Member fails to make contributions to the Plan with 

respect to any Employee, including the Owner-Member, the Owner-Member shall 

cease to be an Employee as of the first day of the month that follows the due date of 

the unpaid contribution(s). In such case, the Owner-Member shall become an 

Employee again when the Contributing Employer resumes making timely 

contributions to the Plan on behalf of all its Covered Employees, including the 

Owner-Member, provided, however, that the Owner-Member shall not be in 

Covered Employment for the one-year period commencing on the date of such 

resumption. Notwithstanding anything in this Section to the contrary, the term 

"Employee" or "Participant" shall not include any individual who is the sole 

proprietor of or a partner in a business organization, or an independent contractor. 

1.29 Pension Plan - Plan 

(A) The term "Pension Plan" or "Plan" means the plan, program, method, rules and 

procedure for the payment of benefits from the Trust Fund and amendments thereto 

which have been established and adopted by the Trustees as herein provided. 

1.30 Plan Year 

(A) The term "Plan Year" means the twelve month period beginning May l and ending 

the following April 30. 

1.31 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 or former Participant, which clearly specifies: 

(1) the name and the last known mailing address (if any) of the Participant or 

former Participant and the name and mailing address of each alternate 

payee covered by the order, 

(2) 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 of percentage is to be determined, 

13 

0179
(3) the number of payments or period to which such order applies, and 

(4) each plan to which such order applies. 

(B) In addition, a Domestic Relations Order will be a Qualified Domestic Relations 

Order only if such order: 

(1) does not require the Plan to provide any type or form of benefit, or any 

option, not otherwise provided under the Plan, 

(2) does not require the Plan to provide increased benefits (determined on the 

basis of actuarial value), and 

(3) 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 detennined to be a Qualified Domestic Relations 

Order. 

(C) A Domestic Relations Order otherwise satisfying the provisions hereof shall be a 

Qualified Domestic Relations Order even though such order requires payment of 

benefits to be made to an alternate payee on or after the date the Participant or 

former Participant attains (or would have attained) the earliest date on which, under 

the Plan, the Participant or former Participant could elect to receive Retirement 

Benefits, as if the Participant or former Participant had retired on the date on which 

such payment is to begin under such order and in any form in which such benefits 

may be paid under the Plan to the Participant or former Participant ( other than in the 

form of a Qualified Joint and Survivor Annuity with respect to the alternate payee 

and his subsequent spouse). The prior sentence shall apply notwithstanding any 

provisions to the Plan requiring a termination of employment prior to eligibility for 

the payment of benefits. 

(D) As used in this section, an "alternate payee" means any spouse, former spouse, child 

or other dependent of a Participant or former Participant who is recognized by a 

Domestic Relations Order as having a right to receive all, or a portion of, the 

benefits payable under the Plan with respect to such Participant or former 

Participant. 

1.32 Reciprocity Hours Worked 

(A) For purposes of crediting Service under this Plan, if the Board of Trustees enter 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. All hours 

transferred from this Plan in accordance with such reciprocity agreements will at 

such time be removed from the records of this Plan and no longer will be. credited 

towards participation, vesting, eligibility and benefit accrual. 

14 

0180
1.33 Restatement Date 

(A) The term "Restatement Date" means May 1, 2014. 

1.34 Retirement Benefit or Benefits 

(A) The tenn "Retirement Benefit" or "Benefits" means those classes of benefits 

provided by the Plan as set forth in Article II. 

1.35 Service 

(A) The term "Service" means the number of years for which a Participant receives 

credit on the records of the Trust Fund. Service shall be equal to the number of 

years of Past Service plus the number of years of Future Service. 

(B) Service Prior to May 1, 1976: For a Participant as of May 1, 1976 who had been 

covered under the prior provisions of the Plan, the Participant's last period of 

continuous Service as determined under the prior provisions of the Plan shall be 

counted as Service. Such Service shall include: 

(1) Past Service: Past Service shall be granted to an Employee who worked in 

the jurisdiction of the Union on and before May 1, 1961. One Year of Past 

Service shall be granted to an Employee for each Plan Year that the 

Employee worked in the jurisdiction of the Union during the period May 1, 

1946 to May 1, 1961. Any past continuous Service as otherwise granted 

shall be canceled upon a Non-Vested Employee suffering a Break in Service 

after May 1, 1961. If any Employee or a Participant, or a former Employee 

or Participant, at any time after August 31, 1991, performs at least one hour 

of Non-covered Sheet Metal Employment within the same geographical area 

of the Fund as defined in Section 10.7, then he shall lose all Past Service for 

the purpose of calculating his benefit amount; provided, however, that any 

such loss of Past Service credit shall not decrease the Participant's accrued 

Normal Retirement Benefit to an amount less than his accrued Normal 

Retirement Benefit as of August 31, 1991. 

(2) Future Service: Future Service shall be granted to Employees after May 1, 

1961. One Year of Future Service shall be granted to an Employee for each 

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

this Fund. Any future continuous service as otherwise granted to an 

Employee ptior to his suffering a Break in Service shall be canceled. 

(3) Service From and After May 1, 1976: One Year of Service shall be granted 

an Employee, as defined in Section 1.7, 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 Hours 

Worked within a Plan Year beginning with the Plan Year which includes the 

15 

0181
first anniversary of the Employee's employment commencement date. The 

total Service of the Participant shall not include any years of Break in 

Service nor any years of Forfeited Service. 

(C) For purposes of determining Years of Service, all Covered Service with all 

Employers and all Contiguous Non-Covered Service with an Employer maintaining 

the Plan shall be taken into account provided, however, no Contiguous NonCovered Service shall be credited to the Fund unless the Employer or Participant 

notifies the Administrative Manager of the Hours Worked by the Participant in NonCovered Service within ninety days after the date of participation or the Plan Year, 

whichever is later. 

(D) Also, for purposes of determining Years of Service, Reciprocity Hours Worked, if 

any, shall be taken into account. 

(E) Armed Services Credit: Effective for those active Participants who apply for 

benefits on or after May 1, 1993 through December 11, 1994, one Year of Future 

Service at the benefit accrual rate in effect during the period the Participant serves in 

the armed services shall be granted for each Plan Year during which a Participant 

serves in the armed services for a period of six months or more and returns to active 

participation in the Plan within six months following his discharge from the armed 

services provided, however, no Participant shall earn more than one Year of Future 

Service credit in a Plan Year in which service in the armed services occurred. After 

December 11, 1994, Section 1.21 shall apply. 

1.36 Sheet Metal Industry 

(A) The term "Sheet Metal 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 Sheet Metal Worker has been 

assigned, referred or can perform because of his skills and training. For the 

purposes of this section only, the term "Sheet Metal Industry" shall not include 

employment in a related building trade, provided, however, that such employment is 

on referral by and authorized by the Union. 

1.37 Spouse or Eligible Spouse 

(A) The term "Spouse" or "Eligible Spouse" means the legal Spouse of the Participant at 

the time a Pre-Retirement Death Benefit is first payable or the legal Spouse of the 

Participant at the time the Participant commences receiving Retirement Benefits 

provided by this Plan. 

(B) Effective June 26, 2013, the term "Spouse" or "Eligible Spouse" shall include 

individuals married to a person of the same sex if the individuals were lawfully 

married under state law in a state whose laws authorize the marriage of two 

16 

0182
individuals of the same sex even if the married couple is domiciled in a state that 

does not recognize the validity of same-sex marriages. 

(C) The term "Spouse" or "Eligible Spouse" does not include individuals (whether of 

the opposite sex or the same sex) who have entered into a registered domestic 

partnership, civil union, or other similar formal relationship recognized under state 

law that is not denominated as a marriage under the laws of that state. 

1.38 Terminated Vested Participant 

(A) The term "Terminated Vested Participant" means a Vested Employee who has not 

accrued at least one Year of Service during the two preceding Plan years. 

1.39 Total and Permanent Disability 

(A) The term "Total and Permanent Disability'' means a final determination by the 

United States Social Security Administration that a Participant is totally and 

pennanently disabled and is eligible for, and receiving, total and permanent 

disability benefits from the Social Security Administration; or, alternatively, that a 

Participant has been diagnosed with a terminal illness or a terminal condition that 

will, to a reasonable medical certainty, cause the Participant to expire within 

twelve months of such diagnosis. Two separate diagnoses must be provided to the 

Board of Trustees, in written form, by two licensed physicians who have provided 

treatment to the Participant for the illness or condition. 

1 .40 Trustees 

(A) The term "Trustees" means any natural person designated as a Trustee pursuant to 

Article III of the Trust Agreement or his successor or successors. The term 

"Trustee" shall also mean the Employer Trustees and the Union Trustees 

collectively, and shall include their successors when acting as Trustees. The tenn 

"Employer Trustees" means the Trustees appointed by the Association and the term 

"Union Trustees" means the Trustees appointed by the Union. 

1.41 Trust Agreement 

(A) The term "Trust Agreement" means the Amended and Restated Agreement and 

Declaration of Trust as originally entered into and that instrument as from time to 

time amended. 

1.42 Trust Fund - Fund 

(A) The term "Trust Fund" or "Fund" means the SHEET METAL WORKERS LOCAL 

PENSION FUND and the entire assets thereof including all funds received in the 

form of Employer contributions, together with all contracts (including dividends, 

interest, refunds and other sums payable to the Trustees on account of such 

17 

0183
1.43 Union 

contracts), all investments made and held by the Trustees, all income, increments, 

earnings, and profits therefrom and any and all other property or funds received and 

held by the Trustees by reason of their acceptance of the Trust Agreement. 

(A) The tenn "Union" means the Sheet Metal Workers Union No. 33 of Northern Ohio 

and West Virginia who have in effect with the Association or with other Employers, 

Collective Bargaining Agreements providing for the establishment of a Pension Plan 

and Trust Fund and for the payment of contributions to such Fund. 

1.44 Vested Participant 

(A) "Vested Participant" means a Participant who earns at least one Hour of Service on 

or after May 1, 1997 with at least five Years of Service. 

1.45 Vesting and Benefit Accrual Computation Period 

(A) The "Vesting and Benefit Accrual Computation Period" for this Plan shall be the 

Plan Year. 

18 

0184
ARTICLE II: CLASSES OF BENEFITS 

2.1 Classes of Benefits 

(A) There shall be three Classes of Benefits payable under this Plan. 

(1) Normal Retirement Benefits 

(2) Early Retirement Benefits 

(3) Death Benefits 

(B) Notwithstanding any other provisions of the Pension Plan, no Participant shall be 

eligible for more than one Class of Benefits at the same time. 

19 

0185
ARTICLE III: NOR.J.VIAL RETIREMENT BENEFITS 

3 .1 Eligibility for N onnal Retirement Benefits 

(A) An Active Participant who has completely retired from employment with all 

Employers in the jurisdiction of the Fund shall be eligible for a Normal Retirement 

Benefit at such time the Participant reaches his Normal Retirement Age. 

(B) In addition, in order to be eligible for Normal Retirement Benefits, the Active 

Participant shall have elected and applied for a Normal Retirement Benefit on a 

form prescribed and approved by the Trustees. 

3.2 Amount of Normal Retirement Benefit 

(A) The Normal Retirement Benefit shall be a monthly benefit equal to the sum of the 

Active Participant's Past Service Benefit, if any, and his Future Service Benefit as 

follows: 

(1) Past Service Benefit: The Past Service Benefit shall be equal to the 

Participant's Years of Service during the period May 1, 1946 to May 1, 

1961, multiplied by: 

( a) Three Dollars and Fifty Cents, if the Participant is not eligible for 

pension benefits under the Sheet Metal Workers National Pension 

Plan. 

(b) Two Dollars, if the Participant is eligible for pension benefits under 

the Sheet Metal Workers National Pension Plan. 

(2) Future Service Benefit: For an Active Participant retiring, the Future 

Service Benefit shall be equal to a percentage of the Employer 

contributions made to the Tmst Fund on his behalf subsequent to the later 

of May 1, 1961, or the date the Participant last suffered Forfeited Service. 

Such percentage to be determined from the following table: 

Participant's Retirement 

Date 

Prior to 5-1-82 

5-1-82 thm 4-30-83 

5-1-83 thm 4-30-84 

5-1-84 thm 4-30-87 

5-1-87 thm 4-30-90 

5-1-90 thm 4-30-94 

5-1-94 thm 4-30-03 

5-1-03 thru 6-30-05 

20 

Future Service Benefit 

2.2% of Employer Contributions 

2.4% of Employer Contributions 

2.6% of Employer Contributions 

2.8% of Employer Contributions 

3.0% of Employer Contributions 

3.5% of Employer Contributions 

3.65% of Employer Contributions 

2.2% of Employer Contributions 

0186
7-1-05 thru 4-30-06 

5-1-06 thru 7-31-13 

8-1-13 and after 

2.2% of Employer Contributions 

.36% of Employer Contributions 

0% of Employer Contributions 

(B) For an Active Participant who retires on or after May 1, 2006, the Future Service 

Benefit shall be equal to (a) 3.65% of Employer Contributions made on his/her 

behalf for hours worked prior to May 1, 2003; plus (b) 2.2% of Employer 

Contributions made on his/her behalf for hours worked between May 1, 2003 and 

April 30, 2006; plus ( c) .36 % of Employer Contributions made on his/her behalf for 

hours worked between May 1, 2006 and July 31, 2013. There will be no future 

service benefit accmal subsequent to July 31, 2013 unless reinstated by the Trustees. 

(C) Effective May 1, 1994, any Participant who retired on or before December 31, 

1985 and as of May 1, 1994 is receiving a Normal Retirement or Early Retirement 

Benefit shall receive no less than One Hundred Seventy Five Dollars per month. 

(D) Effective May 1, 1998, each retired Participant and Beneficiary or spouse of a 

deceased retired Participant,- and each disabled Participant receiving retirement 

income on or before May 1, 1998 shall receive an increase in his monthly benefit 

equal to six percent of the current benefit. 

(E) Participants who retire after their Normal Retirement Date will receive a monthly 

benefit that is the great of the accmed benefit earned at the time of their retirement 

or the Actuarial Equivalent value of their accmed benefit earned at their Normal 

Retirement Age. However, no Actuarial Equivalent adjustment will be made 

regarding benefits that are properly suspended due to Participant(s) working after 

their Normal Retirement Age in accordance with Article X provided the 

Participant is notified that his benefit will be subject to suspension. 

3.3 When Paid 

(A) Upon voluntary retirement, an Active Participant who meets the eligibility 

requirements as set f01ih in Section 3.1 shall become entitled to Normal Retirement 

Benefits on the first day of the month following receipt of his application for 

Normal Retirement Benefits, provided it is approved by the Tmstees. A 

Participant's pension commencement date shall be no later than sixty days after the 

close of the Plan Year in which the Participant meets the eligibility requirements for 

a Normal Retirement Benefit. Normal Retirement Benefits shall continue monthly 

thereafter until the first day of the calendar month succeeding the death of the 

Participant. 

(B) If an Active Participant meets the eligibility requirements to be entitled to a Normal 

Retirement Benefit and has not applied for the benefits by the sixtieth day after the 

close of the Plan Year in which he was eligible, his benefits shall commence 

immediately, unless the Participant elects otherwise in writing or continues to 

21 

0187
perfom1 work resulting in a suspension of benefits under Article X. 

3.4 Calculation of Benefit for Terminated Vested Participants 

(A) The provisions of the Plan that are in effect at the time a Participant becomes a 

Terminated Vested Participant shall apply to any benefit calculation at the time the 

Participant becomes eligible to receive a Nonnal or Early Retirement Benefit. 

(B) In the event a Terminated Vested Participant subsequently returns to Covered 

Service, the Plan provisions in effect after the Terminated Vested Participant returns 

to Covered Service shall apply only to Service earned after his return to Covered 

Service and for the purpose of calculating any benefit, the accrued benefit earned 

prior to the Participant becoming a Terminated Vested Participant shall be added to 

the accrued benefit earned after his return to Covered Service. 

22 

0188
ARTICLE IV: EARLY RETIREMENT BENEFITS 

4.1 Eligibility for Early Retirement Benefits 

(A) An Active Participant who has completely retired from Covered Service 

employment with all Employers within the jurisdiction of this Fund shall be 

eligible for an Early Retirement Benefit so long as the following requirements are 

met: 

( 1) The Participant is at least age fifty five and under age sixty one; 

(2) The Active Participant has earned one Hour of Service after May 1, 1997 

and shall have at least five Years of Service either as a Collectively or NonCollectively Bargained Employee; and 

(3) The Active Participant has elected and applied for an Early Retirement 

Benefit on a form prescribed by the Trustees and the Trustees shall have 

approved the application. 

4.2 Form of Benefit 

(A) Unless the Active Participant elects otherwise or has no surviving Spouse, the Early 

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

provided in Article VI. 

4.3 Amount of Early Retirement Benefit 

(A) Effective May 1, 1997, the Early Retirement Benefit shall be the Active 

Participant's Normal Retirement Benefit as provided in Section 3.2, reduced by 

three percent for each year or a partial year by which the Participant is under 

Normal Retirement Age. 

(B) Effective August 1, 2009, the Early Retirement Benefit shall be an reduced benefit 

which is the Actuarial Equivalent to the Active Participant's Normal Retirement 

Benefit as provided in Section 3.2. 

(C) Benefits earned prior to August 1, 2009 are subject to the reduction in Section 

4.3(A) above for Participants who were eligible to retire on August 1, 2009, but had 

not yet done so. Benefits earned on or after August 1, 2009 are subject to the 

Actuarial Equivalent Reduction. 

4.4 When Paid 

(A) Upon voluntary retirement, an Active Participant who meets the eligibility 

requirements for Early Retirement Benefits as set forth in Section 4.1 shall receive 

Early Retirement Benefits as of the first day of the month following receipt of his 

23 

0189
application for such benefits provided it is approved by the Trustees. Early 

Retirement Benefits shall continue monthly thereafter until the first day of the 

calendar month succeeding the death of the Participant. 

24 

0190
ARTICLE V: TOTAL AND PERl\ilANENT DISABILITY BENEFITS 

Effective September I, 2013, there shall be no disability benefits provided by this Plan. This 

Section 5.1 shall not affect participants who are, or have been approved for, and/or are receiving 

a disability benefit prior to September 1, 2013. 

25 

0191
ARTICLE VI: QUALIFIED JOINT AND 50% or 75% SURVIVOR BENEFITS 

6.1 Manner of Payment and Right of Election 

(A) The Normal Retirement or Early Retirement Benefits to which a Participant may 

otherwise be entitled, shall be payable in the fonn of a Qualified Joint and 50% 

Survivor Benefit, unless the Participant and his Spouse should elect otherwise. 

Under this fonn of payment, a Participant who meets the eligibility requirements 

as described in Section 6.2 shall be entitled to actuarially reduced monthly income 

that shall be Actuarially Equivalent to the Normal Retirement or Early Retirement 

Benefit to which he would have been entitled. Upon the death of the Participant, 

fifty percent of the monthly income he was receiving shall continue to his 

surviving Spouse for as long as she lives. 

(B) In lieu of the Qualified Joint and 50% Survivor Benefit, a Participant may elect 

the Normal Retirement or Early Retirement Benefit fonn of payment or the 

Qualified Joint and 75% Survivor Benefit and thereby waive the Qualified Joint 

and 50% Survivor Benefit. 

(C) In order that each Participant may have an adequate opportunity to make an 

election, an election period is hereby established. This period shall be no less than 

thirty and no more than one hundred eighty days before the Participant's pension 

commencement date. During the election period the Participant shall have the 

right to receive a written explanation of: 

(1) The terms and conditions of the Qualified Joint and 50% Survivor Annuity 

and the relative value of optional fonns of benefits. 

(2) The Participant's right to make an election to waive the Qualified Joint 

and 50% Survivor Annuity; 

(3) The right of the Participant's Spouse to consent to any election to waive 

the Qualified Joint and 50% Survivor Annuity; 

( 4) The right of the Participant to revoke such elections and the effect of such 

revocation; and 

(5) Any other explanation required under Section 401(a)(ll)(E) or 

417(a)(3)(A) of the Internal Revenue Code and any lawful regulations 

thereunder. 

(D) During the election period, each Participant shall have the right to waive the 

Qualified Joint and 50% Survivor Benefit and elect to receive a N01mal or Early 

Retirement Benefit or a Qualified Joint and 75% Survivor Benefit. 

(E) Any election made on or after January 1, 1985, to waive the Qualified Joint and 

26 

0192
50% Survivor Benefit shall not take effect unless one of the following conditions 

is satisfied: 

( 1) The Spouse of the Participant consents in writing to such election, and the 

Spouse's consent acknowledges the effect of such election and is witnessed 

by a Plan representative or a notary public. 

(2) It is established to the satisfaction of a Plan representative that the consent 

required under subsection (1) 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 may by regulations prescribe. 

(F) Any consent by a Spouse, or establishment that the consent of a Spouse may not 

be obtained, shall be effective only with respect to such Spouse. A Participant 

may revoke any election previously made, or deemed to be made, under this 

Article if made prior to commencement of the payment of benefits under the Plan. 

An election may not be revoked after payment of benefits has commenced. 

(G) The Participant with the proper spousal consent as stated in this section, may elect 

to waive the thirty day notice requirement and elect to commence benefits under 

this Plan following more than seven days after the explanation of benefits is 

provided to them. 

(H) All elections and revocations shall be made on the appropriate form available 

from the office of the Administrative Manager of the Pension Plan and shall be 

effective only upon completing, signing and filing of the fonn with the office of 

the Administrative Manager. The Administrative Manager shall provide the 

Participant with notice of the effects of the Qualified Joint and Survivor Benefit. 

6.2 Eligibility for Qualified Joint and 50% Survivor Benefits 

(A) A Participant who has completely retired from employment with all Employers in 

the jurisdiction of this Fund shall be eligible for Qualified Joint and 50% Survivor 

Benefits provided: 

(1) The Participant 1s eligible for Normal Retirement or Early Retirement 

Benefits; 

(2) The Participant has a Spouse on his date of retirement; and 

(3) The Participant and his Spouse have not waived the automatic Qualified 

Joint and 50% Survivor Benefit. 

(B) A Participant who satisfies the foregoing eligibility requirements for Qualified Joint 

and 50% Survivor Benefits but wishes to elect and apply for Normal Retirement 

Benefits, Early Retirement Benefits or Qualified Joint and 75% Survivor Benefits 

27 

0193
may do so prior to the date his Qualified Joint and 50% Survivor Benefits 

commence. After commencement of his Qualified Joint and 50% Survivor 

Benefits, his right to elect Normal Retirement Benefits, Early Retirement Benefits or 

Qualified Joint and 75% Survivor Benefits shall cease. 

6.3 Description and Amount of Qualified Joint and 50% Survivor Benefits 

(A) The Qualified Joint and 50% Survivor Benefit provides a reduced monthly 

income that shall be the Actuarial Equivalent to the Normal Retirement Benefits, 

Early Retirement Benefits or Qualified Joint and 75% Survivor Benefits to which 

the Participant is otherwise entitled. 

(B) Effective for those Participants who first commence receiving a Qualified Joint 

and Survivor Form of Benefit on or after May 1, 1998, and thereafter, if as a result 

of a divorce, a Qualified Domestic Relations Order is issued which provides for 

the waiver of all spousal benefits, then the amount of the Participant's benefit 

shall be increased to the amount of the Participant's Normal or Early Retirement 

Benefit as though the Participant had not previously elected the Qualified Joint 

and Survivor Form of Benefit. The revised benefit amount will be effective on 

the first day of the month following the month that the Qualified Domestic 

Relations Order is approved and will be payable for the Participant's remaining 

life. 

(C) Effective January 1, 1995, in the event the Spouse should predecease a Participant 

receiving benefits under this Article, the amount of the Participant's benefit will 

be increased to the amount of the Participant's Nonnal or Early Retirement 

Benefit as though the Participant had not previously elected the Qualified Joint 

and 50% Survivor Benefit. The revised benefit amount will be effective on either 

the first day of the month following the death of the Participant's Spouse or the 

date of notification to the Fund Office of such death and will be payable for the 

Participant's remaining lifetime. For purposes of this Article, a Participant's 

surviving Spouse is the person as defined in Section 1.37. 

(1) For Retirements effective on or after August 1, 2009, the Qualified Joint and 

50% Survivor Benefit will be actuarially reduced to be equivalent to a 

benefit that does not increase upon the death of the Participant's Spouse. 

Alternatively, the Participant can elect to opt out of this provision. 

6.4 When Paid 

(A) If a Participant meets the eligibility requirements for Normal Retirement and 

Qualified Joint and 50% Survivor Benefits and the Participant and his Spouse have 

not waived the Qualified Joint and 50% Survivor Benefit form, such Participant 

shall become entitled to Qualified Joint and 50% Survivor Benefit no later than the 

sixtieth day following the end of the Plan Year in which the Participant becomes 

eligible for Normal Retirement Benefits. 

28 

0194
(B) If a Participant meets the eligibility requirements for Early Retirement and Qualified 

Joint and 50% Survivor Benefits and the Participant and his Spouse have not 

waived the Qualified Joint and 50% Survivor Benefit form, such Participant shall 

become entitled to a Qualified Joint and 50% Survivor Benefit as of the first day of 

the month next following receipt of his properly completed application by the 

Trustees. 

(C) All monthly benefits under this section will continue for the lifetime of the 

Participant until the first day of the calendar month succeeding the death of the 

Participant. Fifty percent of such monthly benefits will continue to be made 

thereafter to the eligible Spouse until the first day of the calendar month succeeding 

the death of the eligible Spouse. 

6.5 Alternative Joint and 75% Survivor Benefit 

(A) In lieu of the Qualified Joint and 50% Survivor Benefit provided for in Section 

6.1, a Participant may elect to receive a normal retirement or early retirement 

benefit in the form of a Qualified Joint and 75% Survivor Benefit. Under this 

fonn of payment, a Participant who meets the eligibility requirements as described 

in Paragraph (D) of this Section shall be entitled to an actuarially reduced monthly 

benefit that shall be actuarially equivalent to the normal retirement or early 

retirement benefit to which he would have been entitled. Upon the death of the 

Participant, 75% of the monthly benefit he was receiving shall continue to be paid 

to his/her Surviving Spouse as long as the spouse lives. 

(B) In order that each Participant may have an adequate opportunity to make an 

election, an election period is hereby established. This period shall be no less than 

thirty and no more than one hundred eighty days before the Participant's pension 

commencement date. During the election period the Participant shall have the 

right to receive a written explanation of: 

(1) The terms and conditions of the Qualified Joint and 75% Survivor Annuity 

and the relative value of optional fonns of benefits. 

(2) The right of the Participant to revoke such election and the effect of such 

revocation; and 

(3) Any other explanation required under Section 40l(a)(l l)(E) or 

417(a)(3)(A) of the Internal Revenue Code and any lawful regulations 

thereunder. 

(C) During the election period, each Participant shall have the right to waive the 

Qualified Joint and 75% Survivor Benefit and elect to receive a Qualified Joint 

and 50% Survivor Benefit or, if waived, a Normal or Early Retirement Benefit. 

29 

0195
6.6 Eligibility for Qualified Joint and 75% Survivor Benefits 

(A) A Participant who has completely retired from employment with all Employers in 

the jurisdiction of this Fund shall be eligible for a Qualified Joint and 75% Survivor 

Benefit provided: 

(1) The Participant 1s eligible for Normal Retirement or Early Retirement 

Benefits; 

(2) The Participant has a Spouse on his date of retirement; 

A Participant who satisfies the foregoing eligibility requirements for Qualified 

Joint and 75% Survivor Benefits but wishes to elect and apply for Normal 

Retirement or Early Retirement Benefits may do so prior to the date his Qualified 

Joint and 75% Survivor Benefits commences; and, provided further, that the 

Participant and his Spouse have waived the Qualified Joint and 50% Survivor 

Benefit in accordance with Section 6. l(E) After commencement of his Qualified 

Joint and 75% Survivor Benefits, his right to elect a Qualified Joint and 50% 

Survivor Benefit, Normal Retirement or an Early Retirement Benefits shall cease. 

6.7 Description and Amount of Qualified Joint and 50% Survivor Benefits 

(A) The Qualified Joint and 75% Survivor Benefit provides a reduced monthly 

income that shall be the Actuarial Equivalent to the Normal Retirement or Early 

Retirement Benefits to which the Participant is otherwise entitled. 

(B) Effective for those Participants who first commence receiving a Qualified Joint 

and 75% Survivor Form of Benefit on or after May 1, 2008, and thereafter, if, as a 

result of a divorce, a Qualified Domestic Relations Order is issued which provides 

for the waiver of all spousal benefits, then the amount of the Participant's benefit 

shall be increased to the amount of the Participant's Nonnal or Early Retirement 

Benefit as though the Participant had not previously elected the Qualified Joint 

and 75% Survivor Form of Benefit. The revised benefit amount will be effective 

on the first day of the month following the month that the Qualified Domestic 

Relations Order is approved and will be payable for the Participant's remaining 

life. 

(C) Effective May 1, 2008, in the event the Spouse should predecease a Participant 

receiving benefits under this Article, the amount of the Participant's benefit will 

be increased to the amount of the Participant's Normal or Early Retirement 

Benefit as though the Participant had not previously elected the Qualified Joint 

and 75% Survivor Benefit. The revised benefit amount will be effective on the 

first day of the month following the death of the Participant's Spouse and will be 

payable for the Participant's remaining lifetime. For purposes of this Article, a 

Participant's surviving Spouse is the person as defined in Section 1.37. 

30 

0196
(1) For Retirements effective on or after August 1, 2009, the Qualified Joint and 

50% Survivor Benefit will be actuarially reduced to be equivalent to a 

benefit that does not increase upon the death of the Participant's Spouse. 

Alternatively, the Participant can elect to opt out of this provision. 

6.8 When Paid 

(A) If a Participant meets the eligibility requirements for a Normal Retirement and 

Qualified Joint and 75% Survivor Benefits, such Participant shall become entitled to 

the Qualified Joint and 75% Survivor Benefit no later than the sixtieth day 

following the end of the Plan Year in which the Participant becomes eligible for 

Normal Retirement Benefits. 

(B) If a Participant meets the eligibility requirements for Early Retirement and Qualified 

Joint and 75% Survivor Benefits, such Participant shall become entitled to a 

Qualified Joint and 75% Survivor Benefit as of the first day of the month next 

following receipt of his properly executed application by the Trustees. 

(C) All monthly benefits under this section will continue for the lifetime of the 

Participant until the first day of the calendar month succeeding the death of the 

Participant. Seventy-five percent of such monthly benefits will continue to be made 

thereafter to the eligible Spouse until the first day of the calendar month succeeding 

the death of the eligible Spouse. 

31 

0197
ARTICLE VU: FIVE OR TEN YEAR CERTAIN AND LIFE BENEFIT - OPTIONAL 

BENEFIT 

7.1 Right to Elect the Five or Ten Year Certain and Life Benefit 

(A) In lieu of the Normal or Early Retirement Benefits otherwise provided under this 

Plan, a Paiiicipant, subject to the spousal consent under Section 6.1, shall have the 

right to elect that his Retirement Benefits shall be payable in an actuarially 

reduced amount for the remainder of the Participant's life, with a certain period of 

sixty or one hundred twenty monthly payments. 

7.2 Eligibility for the Five or Ten Year Certain and Life Benefit 

(A) A Participant will be eligible to have a right to elect the Five or Ten Year Certain 

and Life Benefit provided: 

(1) The Participant has completely retired from employment with all Employers 

within the jurisdiction of this Fund; 

(2) The Participant would be eligible for Normal or Early Retirement Benefits; 

and 

(3) The Participant has elected and applied for a Five or Ten Year Certain and 

Life Benefit on a form prescribed by the Trustees, and the Trustees have 

approved the application. 

7 .3 Amount and Duration of the Five or Ten Year Certain and Life Benefit 

(A) A Participant electing the Five or Ten Year Certain and Life Benefit shall, after 

retirement, be paid a reduced monthly income that shall be the Actuarial Equivalent 

to the Nonnal or Early Retirement Benefit to which the Participant is otherwise 

entitled. 

(B) A Participant who meets the eligibility requirements for a Five or Ten Year Certain 

and Life Benefit and has selected the same on an application approved by the 

Trustees, shall become entitled to the Five or Ten Year Certain and Life Benefits as 

of the first day of the month next following receipt of his application by the 

Trustees. 

7.4 When Paid 

(A) This option provides a monthly retirement income to the Participant as long as he 

lives. If the Participant dies after the date retirement income begins but before he 

has received payments for sixty or one hundred twenty months, the remaining 

payments for the balance of the certain period shall be paid, as due, to his named 

Beneficiary or, if no Beneficiary has been designated or is alive at the Participant's 

32 

0198
death, then in accordance with Section 8.6. If a Beneficiary is receiving benefits but 

dies before sixty or one hundred twenty monthly payments are made, the balance of 

the unpaid monthly payments shall be paid to the Beneficiary's estate. 

33 

0199
ARTICLE VIII: DEATH BENEFITS 

8.1 Pre-Retirement Death Benefits 

(A) A Qualified Pre-Retirement Survivor Benefit shall be payable with respect to a 

Vested Participant who meets all of the following conditions: 

(1) Immediately prior to his death, the Vested Participant had a nonforfeitable 

right to his accrued benefit derived from Employer Contributions. 

(2) The Vested Participant died before age fifty five. 

(3) The Vested Participant is survived by a Spouse who qualifies for a receipt of 

a Qualified Pre-Retirement Survivor Benefit. 

(B) The Qualified Pre-Retirement Survivor Benefit is equal to the benefit that would 

have been paid to such Spouse under the following circumstances: 

(1) The Vested Participant terminated employment on the date of his death. 

(2) The Vested Participant survived to the first day of the month after his 

attainment of age fifty five. 

(3) Payments under the Qualified Joint and 50% Survivor Benefit fonn 

commenced to the Vested Participant on the first day of the month after his 

attainment of age 55, and he died on the next day. 

(C) Effective August 1, 2009, this Qualified Pre-Retirement Survivor Benefit 

commences on the date the Participant would have reached Early Retirement Age 

and continues for the remaining lifetime of the surviving Spouse. 

(D) An Early Survivor Benefit or a Qualified Pre-Retirement Survivor Benefit shall be 

provided to a Vested Participant's Spouse only if the Vested Participant has been 

married to that Spouse throughout the one year period ending on the date of the 

Vested Participant's death. 

8.2 When Paid 

(A) The Spouse of a deceased Vested Participant who meets the eligibility requirements 

under Section 8.l(A) shall have a pension commencement date of the first day of the 

calendar month following the Participant's Early Retirement Age. The monthly 

benefits will continue for the lifetime of the Spouse until the first day of the calendar 

month succeeding the death of the Spouse. 

34 

0200
8.3 Election to Defer Commencement of Payment 

(A) Prior to the commencement of payments under Section 8.2(A), the Spouse may elect 

to defer the commencement of payments to the first day of any month no later than 

the first day of the month in which the Participant would have Normal Retirement 

Age. In the event of such deferral, payments shall be made only if the Spouse 

survives to the commencement date elected and shall then be paid in equal monthly 

installments for as long as the Spouse lives. The payments shall be the Actuarial 

Equivalent of the payments that would have been made in the absence of an election 

to defer. Elections under this Section shall be made on the appropriate fonn 

available from the office of the Administrative Manager and shall be effective only 

upon completion, execution and filing of the form with the office of the 

Administrative Manager. 

8.4 Notice Requirements 

(A) In the case of a qualified preretirement survivor annuity as described above, the 

plan administrator shall provide each participant within the applicable period for 

such participant, a written explanation of the qualified preretirement survivor 

annuity in such terms and in such a manner as would be comparable to the 

explanation provided for meeting the requirements of section 6.1 applicable to a 

qualified joint and survivor annuity. 

(B) The applicable period for a participant is whichever of the following periods ends 

last: 

( 1) the period beginning with the first day of the plan year in which the 

participant attains age 32 and ending with the close of the plan year 

preceding the plan year in which the participant attains age 35; 

(2) a reasonable period ending after the individual becomes a participant; 

(3) a reasonable period ending after Paragraph (F), below, ceases to apply to 

the participant; 

(4) a reasonable period ending after this article first applies to the participant. 

(C) Notwithstanding the foregoing, notice must be provided within a reasonable 

period ending after separation of service in case of a participant who separates 

from service before attaining age 35. 

(D) For purposes of the preceding paragraph, a reasonable period ending after the 

enumerated events described in (2), (3) and (4) is the end of the two year period 

beginning one year prior to the date the applicable event occurs and ending one 

year after that date. 

(E) In the case of a participant who separates from service before the plan year in 

35 

0201
which age 3 5 is attained, notice shall be provided within the two year period 

beginning one year prior to separation and ending one year after separation. If 

such a participant thereafter returns to employment with the employer, the 

applicable period for such participant shall be redetermined. 

(F) Notwithstanding the other requirements of this section, the respective notices 

prescribed by this section need not be given to a participant if (1) the plan "fully 

subsidizes" the costs of a qualified joint and survivor annuity or qualified 

preretirement survivor annuity, and (2) the plan does not allow the participant to 

waive the qualified joint and survivor annuity or qualified preretirement survivor 

annuity and does not allow a married participant to designate a nonspouse 

beneficiary. 

(1) For purposes of this Paragraph (F), a plan fully subsidizes the costs of a 

benefit if under the plan no increase in cost or decrease in benefits to the 

participant may result from the participant's failure to elect another benefit. 

Prior to the time the plan allows the participant to waive the qualified 

preretirement survivor annuity, the plan may not charge the participant for 

the cost of such benefit by reducing the participant's benefits under the 

plan or by any other method. 

8.5 Post-Retirement Death Benefit 

(A) If a Vested Participant who is receiving Normal, Early, or Vested Retirement 

Benefits, and who has waived the Qualified Joint and 50% Survivor Benefit, dies 

prior to receiving a total of sixty monthly payments, then the Vested Participant's 

Benefi.ciary or Beneficiaries shall be eligible to receive a continuation of the 

deceased Vested Participant's Retirement Benefit for the remaining balance of the 

sixty months. 

( 1) Effective for retirements on or after August 1, 2009, there shall be no PostRetirement Death Benefits provided by the Plan. 

(B) In the event death benefits are being paid in accordance with this Section and the 

Beneficiary dies, any remaining monthly payments will be paid to the legal 

representative of the Beneficiary's estate. 

8.6 Designation of Beneficiary 

(A) The Spouse at the time of death of a married Participant is his Beneficiary. 

8.7 No Beneficiary Designation 

(A) When a Participant dies without designating a Beneficiary, the Death Benefit shall 

be paid to such Participant's legal Spouse, if any. 

36 

0202
ARTICLE IX: VESTING 

9.1 Vesting 

(A) An Inactive Participant who has not attained his Normal or Early Retirement age 

shall be vested as follows: 

(1) As a Non-Collectively Bargained Employee, the Terminated Vested 

Participant has earned at least five Years of Service with at least one Hour 

of Service on or after May 1, 1989 and has completely retired from 

Covered Service employment with all Employers within the jurisdiction of 

this Fund. 

(2) As a Collectively Bargained Employee, the Terminated Vested Participant 

has earned at least five Years of Service with at least one Hour of Service 

on or after May l, 1997, and has completely retired from Covered Service 

employment with all Employers within the jurisdiction of this Fund. 

(B) For an Active Participant: 

(1) With at least one Hour of Service on or after May 1, 1997; 

(2) Who attains vesting credit through Service; 

(3) For work performed under Collective Bargaining Agreement(s); and 

(4) Who becomes a Terminated Vested Participant after earning five or more 

Years of Service 

shall be one hundred percent vested in his accrued benefit and will become 

eligible for a Normal or Early Retirement Benefit at such time as he reaches 

Normal or Early Retirement Age, as defined by the Plan provision in effect at the 

time he was first considered to be a Terminated Vested Participant. The Vested 

Benefit shall not extend to the Total and Permanent Disability Benefit. 

(C) In any event, any Participant who reaches his Normal Retirement Age prior to 

termination of employment shall be one hundred percent vested. 

9.2 When a Participant Returns to Work 

(A) In the event a Terminated Vested Participant who is one hundred percent vested 

returns to Covered 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. 

37 

0203
9.3 Greater Benefit Prevails 

(A) The greater benefit prevails if a Participant under the restated Plan was a Participant 

as of May 1, 1988, and was entitled to a termination benefit under the Original Plan 

as defined therein. In the event that the amount of the benefit to which he would 

have been entitled under the vesting schedule and fonn of payment as in effect 

under the original Plan of May 1, 1988, would be greater than the amount to which 

he is entitled pursuant to the provisions of this Article, he shall be entitled to receive 

the greater amount. 

38 

0204
ARTICLE X: SUSPENSION OF RETIREMENT BENEFITS 

10.1 Suspension of Retirement Benefits 

(A) Retirement Benefits shall be suspended for Participants rece1vmg any of the 

following forms of payment at such time as all of the conditions set forth in Sections 

10.2, 10.3, 10.4, and 10.5 are met: 

(1) Normal Retirement Benefits 

(2) Early Retirement Benefits 

(3) Qualified Joint and 50% or 75% Survivor Benefits 

(4) Ten Year Certain and Life Benefits 

(B) For purposes of this Article, "reemployment" shall be as defined as to include selfemployment 

10.2 Before Normal Retirement Age 

(A) If the Participant has not attained Normal Retirement Age, his monthly benefit shall 

be suspended for any four or five week payroll period which falls within a calendar 

month in which he worked or was paid for at least forty hours in disqualifying 

employment. Disqualifying employment means employment or self employment 

that is: 

(1) In the same industry covered by the Plan when the Participant's pension 

payment began, as defined under Section 10.5; and 

(2) In the same trade or craft covered by the Plan at the time the Participant's 

pension payment began, as defined under Section 10.6; and 

(3) In the same geographic area covered by the Plan when the Participant's 

pension payment began, as defined under Section 10. 7. 

(B) Exceptions To Disqualifying Employment: 

(I) Notwithstanding any other provision in Article X, the term "Disqualifying 

Employment" does not include the following: 

(a) ·working sixty hours or less per month for the Sheet Metal Workers' 

International Association for a Local Union affiliated with the 

International Association or for a joint apprenticeship training 

committee that is sponsored by, or affiliated with, a Local Union that 

is an affiliate of the International Association. 

39 

0205
(b) Working sixty hours or less per month for a signatory Akron District 

Contractor or a signatory Parkersburg District Contractor if the 

participant is performing supervisory and/or estimating duties. 

These duties must be perfonned primarily in an office setting and 

such employment must not cause the lay-off or displacement of any 

active journeyman and/or apprentice that is a member of a Local 

Union affiliated with the International Association. 

(C) The Trustees of the Sheet Metal Workers' Local Pension Fund shall have and retain 

authority to make any final rulings as to whether or not a participant is engaged in 

disqualifying re-employment. Any such ruling is subject to review in accordance 

with the Claims and Appeals Procedure adopted by the Trustees. 

10.3 After Normal Retirement Age 

(A) If the Participant has attained Normal Retirement Age, his monthly benefit shall be 

suspended for any four or five week payroll period which falls within a calendar 

month in which he worked or was paid for at least forty hours in Disqualifying 

Employment. Disqualifying Employment means employment or self employment 

that is: 

(1) In the same industry covered by the Plan when the Participant's pension 

payment began, as defined under Section 10.5; and 

(2) In the same trade or craft covered by the Plan at the time the Participant's 

pension payment began, as defined under Section 10.6; and 

(3) In the same geographic area covered by the Plan when the Participant's 

pension payment began, as defined under Section 10.7. 

10.4 Forty Hour Rule 

(A) The retiree is reemployed for forty or more hours during any four or five-week 

payroll period which falls within a calendar month. 

10.5 Same Industry 

(A) The retiree is reemployed in the "same industry," which shall be defined as 

returning to work in the same type of business activity (or activities) as that 

engaged in by any Employer who maintained the Plan at the time the retiree first 

received his pension benefit ( or would have received a pension benefit had he not 

remained in or returned to employment). 

10.6 Same Trade or Craft 

(A) The retiree is reemployed in the "same trade or craft," which shall be defined as 

40 

0206
returning to work in a trade or craft in which he was employed at any time under the 

Plan and shall include any supervisory or managerial activity that is reasonably 

related to the underlying skills associated with the trade or craft for which the retiree 

was trained or in which he acquired his work experience. 

10. 7 Geographic Area 

(A) The retiree is reemployed in the "same geographic area," which shall be defined as 

the States of Ohio and West Virginia and portions of those states located as a part of 

a Standard Metropolitan Statistical Area, as defined by the U.S. Census Bureau. 

10.8 Notification and Presumption 

(A) A retiree shall be required to notify the Fund Office at such time as he becomes 

reemployed as defined under the conditions set forth in Section 10.2 or 10.3. In the 

event a retiree fails to comply with the Plan's notification requirements and the 

Trustees discover the retiree has become reemployed as provided in Section I 0.2 or 

10.3, the Trustees may act on the basis of a presumption that the retiree has 

exceeded the hours of reemployment allowable under Section 10.2 or 10.3. Upon 

said discovery, the retiree's benefit shall be immediately suspended and the retiree 

will be notified accordingly. The Trustees shall have the right to apply the 

suspension retroactively to the initiation of work by the retiree's employer at the job 

site. The Trustees may request information from the retiree concerning his 

reemployment activity, including tax withholding statements in any given period 

related to the suspected reemployment and other reasonable infonnation for the 

purpose of verifying such employment. 

(B) Upon application of the Presumption Rule, the retiree shall be given the opportunity 

to come forward at a Suspension Review Proceeding and demonstrate that, in fact, 

he did not work the minimum number of hours of relevant service for the period for 

which the benefits were suspended. 

10.9 Notification Requirement for Resumption of Benefits 

(A) A retiree shall request resumption of his benefits at such time as he no longer 

meets the conditions of Sections 10.2 or 10.3 of this Article by submitting his 

request for resumption of his benefits on an appropriate form as approved and 

provided by the Board of Trustees. 

10.10 Reinstatement of Retirement Benefits 

(A) Subject to Section 10.12, upon a retiree's termination of the employment which 

resulted in the suspension of his Retirement Benefits, provided the retiree gives 

notice as required under Section 10.9, those Retirement Benefits shall be resumed 

on the first day of the calendar month following the receipt of notice required under 

Section 10.9 as follows: 

41 

0207
( 1) Normal Retirement Benefits: 

(a) If a retiree was receiving Normal Retirement Benefits at the time of 

the suspension of his benefits, the reinstated benefit shall be in the 

amount the retiree was receiving prior to the suspension of benefits. 

(2) Early Retirement Benefits 

(a) If a retiree was receiving Early Retirement Benefits at the time of the 

suspension of his benefits, the reinstated benefit shall be in the 

amount the retiree was receiving prior to the suspension of benefits, 

plus any amount realized for service prior to his Normal Retirement 

Age resulting from such reemployment. 

(3) Optional Benefit Forms 

(a) If a retiree was receiving an optional form of benefit, the reinstated 

benefit shall be in the amount as determined under the applicable 

type of retirement benefit the retiree was receiving prior to the 

suspension of benefits. 

10.11 Advance Determination 

(A) A retiree shall have the right to request that an advance determination be made as to 

the effect of his reemployment on his retirement benefit. Should the retiree desire 

that this determination be made, he must submit his request to the Fund office on an 

appropriate form approved and provided by the Board of Trustees and in accordance 

with procedures established by the Board of Trustees. 

10.12 Recovery of Overpayments-Offset Rule 

(A) In the event benefit payments have been issued to a retiree for a period during which 

his benefit should have been suspended, the retiree shall be liable for the full amount 

of any overpayment(s). The manner and the amount of the recovery of the 

overpayment(s) shall be provided to the retiree in the Suspension Notice furnished 

to him at such time as his benefit is suspended. 

(B) The procedure for the recovery of overpayment(s) shall be in accordance with the 

following Offset Rule: 

(1) The Board of Trustees may delay the resumption of payment of the retiree's 

full retirement benefit until the earlier of the recovery of the overpayment(s) 

or the first day of the third calendar month ( or four or five-week payroll 

period) after the retiree is entitled to the resumption of his benefit. 

(2) If the Trustees have not recovered the full amount of any overpayment(s) by 

42 

0208
(1) above, the Trustees may deduct up to twenty-five percent of the retiree's 

subsequent benefit payment each month until the overpayment(s) are 

completely recovered. 

10.13 Individuals Over Age 701⁄2 

(A) If Article X applies to an individual Participant who retires after age 701⁄2 , the 

Participant's benefit shall only be suspended pursuant to Article X to the extent 

his/her monthly pension benefit exceeds the monthly required minimum distribution 

amount required pursuant to I.R.C. Code Section 40l(a)(9) and regulations 

promulgated thereunder. 

43 

0209
ARTICLE XI: QUALIFIED DOMESTIC RELATIONS ORDER 

11.1 Qualified Domestic Relations Order 

(A) A Qualified Domestic Relations Order shall include any 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 or former Participant, which clearly specifies: 

( 1) the name and the last known mailing address and dates of birth of the 

Participant or former Participant, and each alternate payee covered by the 

Order; 

(2) 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. 

(3) the number of payments or period to which such order applies; and 

( 4) 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 

(2) does not require the Plan to provide increased benefits ( determined on the 

basis of actuarial value); and 

(3) 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) Time and Order oflssuance of Domestic Relations Orders. 

(1) A domestic relations order otherwise meeting ERlSA's requirements to be a 

QDRO shall not fail to be treated as a QDRO solely because the order is 

issued after or revises another domestic relations order or QDRO. 

(2) A domestic relations order otherwise meeting ERlSA's requirements to be a 

QDRO shall not fail to be treated as a QDRO solely because of the time at 

which it is issued. 

(3) Any domestic relations order described in Paragraphs (A) and (B) above 

44 

0210
shall be subject to the same requirements and protections that apply to all 

QDROs under Section 206(d)(3) of ERISA. 

11.2 Alternate Payee 

(A) An "Alternate Payee" shall include any Spouse, fom1er Spouse, child or other 

dependent of a Participant or former Participant who is recognized by a Domestic 

Relations Order as having a right to receive all, or a portion of, the benefits payable 

under the Plan with respect to such Participant or former Participant. 

11.3 Spendthrift Exception for Qualified Domestic Relations Order 

(A) The creation, assignment or recognition of a right to any benefit payable with 

respect to a Participant pursuant to a Qualified Domestic Relations Order shall not 

be treated as an assignment or alienation prohibited by ERISA. This exception to 

the Spendtlnift Provisions shall apply only to Qualified Domestic Relations Orders 

and shall not be applicable to those which have been determined not to be a 

Qualified Domestic Relations Order. 

11.4 Procedures for Notice and Determination by Plan Administrative Manager 

(A) The procedures established by the Board of Trustees for the determination of the 

qualified status of Domestic Relations Orders and notification to the payees shall be 

those set forth in the Resolution to the Plan, as adopted by the Board of Trustees on 

January 1, 1985. A copy of such resolution shall be provided to a Participant or 

Alternate Payee upon request. 

45 

0211
ARTICLE XII: ADlWINISTRATION OF THE PLAN 

12.1 Responsibility for Administration 

(A) The Pension Plan shall be administered by the Trustees, who are Fiduciaries under 

this Plan, in accordance with the powers granted to them by the Trust Agreement. A 

named Fiduciary may employ one or more persons to render advice with regard to 

any responsibility such Fiduciary has under the Plan. The Trustees shall make such 

rules and prescribe such procedures for administration of the Plan as they shall deem 

necessary and responsible. The decisions of the Trustees in all matters pertaining to 

the administration of the Plan shall be final. 

(B) The Trustees may appoint an investment manager or managers, as defined in 

Section 3(38) of ERISA to control or manage any assets of the Plan. 

12.2 Fiduciary Duties 

(A) A Fiduciary shall discharge his duties with respect to this Pension Plan solely in the 

interest of the Participants and Beneficiaries for the exclusive purpose of: 

(1) providing benefits to Participants and Beneficiaries, and 

(2) defraying reasonable expenses of administering the Plan. 

(B) Fiduciaries shall discharge their duty with respect to the Plan with care, skill, 

prudence, and diligence under the circumstances prevailing that a prudent man 

acting in a like capacity and familiar with such matters would use in the conduct of 

an enterprise of a like character and with like aims. 

(C) The Fiduciaries shall diversify the investments of the Plan so as to minimize the risk 

of large losses. The Fiduciaries shall discharge their duties in accordance with the 

documents and instruments governing the Plan. 

12.3 Limitation on Rights to Benefits 

(A) No Participant, former Participant, retired Participant, Beneficiary or any person 

claiming by or through any such person, shall have any right, interest or title to any 

benefits under the Trust Agreement, the Pension Plan or the Trust Fund, except as 

such right, interest or title shall have been specifically granted pursuant to the terms 

of said Pension Plan. 

12.4 Benefits Limited by Pension Plan 

(A) All benefits under the Pension Plan shall be paid by the Trustees or an agent under 

the Trustees acting on their authority. Notwithstanding any other provisions of this 

Plan, no benefits will be paid except those which can be provided under the Plan 

46 

0212
unless otherwise required by law. 

12.5 Assignment of Benefits 

(A) Except as otherwise expressly pennitted by the Plan or required by law, including a 

Qualified Domestic Relations Order as defined in Section 1.31, and administered in 

accordance with Article XI, no money, property, equity or interest of any nature 

whatsoever in the Trust Fund, group annuity or other contract, or any benefits or 

moneys payable therefrom shall be subject to sale, transfer, assignment, 

encumbrance or other anticipation, nor to seizure or sale under any legal, equitable 

or other process. In the event that any claim or benefit shall, because of any debt 

incurred by or resulting from any other claim or liability against any Participant or 

Beneficiary, or by reason of any sale, assignment, transfer, encumbrance, 

anticipation or other disposition made or attempted by said Participant or 

Beneficiary, by reason of any seizure or sale or attempted sale under any legal, 

equitable or other process, or in any suit or proceeding become payable, or be liable 

to become payable to any person other than the Participant or Beneficiary for whom 

the same is intended, as provided herein, and in any pension plan established 

hereunder, the Trustees shall have power to withhold payment of such claim or 

benefit to such Participant or Beneficiary until such assignment, transfer, 

encumbrance, anticipation or other disposition, writ or legal process is canceled or 

withdrawn, and the Trustees shall have the right to use and apply the benefit as the 

Trustees may seem best, directly for the support and maintenance of such 

Participant or Beneficiary. 

12.6 Forfeitures 

(A) Notwithstanding any other provisions of this Plan, any amounts that might be 

forfeited by a Participant or former Participant shall not be used to increase the 

benefits of any other remaining Participants. 

12. 7 Small Benefits 

(A) The Trustees may make arrangements for the payment of small monthly Retirement 

Benefits in less frequent payments of larger amounts. 

(B) Notwithstanding any other provisions of this Plan to the contrary, if the Actuarial 

Equivalent of any monthly benefit payable under the Plan does not exceed Five 

Thousand Dollars, the Actuarial Equivalent of such benefit may, at the discretion of 

the Board of Trustees, be distributed to the payee in a lump-sum in lieu of any other 

benefits provided by the Plan. However, effective March 28, 2005, any mandatory 

or involuntary lump-sum distributions in an amount in excess of $1,000, but less 

than $5,000, shall only be made in the form of an automatic rollover IRA, as 

provided for by the Plan. Lump-sum distributions of an amount less than $1,000 

may still be made in a lump-sum fonn made directly to the Participant. Provided 

further, the interest of an alternate payee pursuant to a Qualified Domestic Relations 

47 

0213
Order shall not be considered in detennining whether or not a Participant shall be 

eligible for a lump-sum distribution. 

12.8 Incapacity 

(A) In the event the Board of Trustees determines that a Participant, retired Participant 

or any other payee is mentally or physically unable to give a valid receipt for any 

benefit due him under the Plan, such payment may, unless claim shall have been 

made therefore by a legally appointed guardian, committee or other legal 

representative, be paid to any person or institution then in the judgment of the 

Trustees providing for the care and maintenance of such Participant, retired 

Participant or payee. Any such payment shall be considered a payment for the 

account of the Participant, retired Participant or payee and shall be a complete 

discharge of any liability of the Plan or the Trustees therefore. 

12.9 Death Benefit Payable to Minors 

(A) Any Death Benefit payable to minor children may be paid, at the discretion of the 

Board of Trustees, to the legally appointed guardian of the minor, or if there be no 

such guardian, to such adults as the Court having legal jurisdiction directs. 

12.10 Information Required 

(A) The Trustees shall have the right to require on forms prescribed by the Trustees, as a 

condition precedent to the payment of any benefit under the Plan, all information 

which they reasonably deem necessary, including, but not limited to, records of 

employment, proof of dates of birth and death, and evidence of existence and no 

benefit dependent in any way upon information shall be payable unless and until 

such information so required be furnished. Such evidence shall be furnished by the 

Union, Employers, Participants, retired Participant and Beneficiaries, as applicable. 

12.11 No Reversion for Employees 

(A) The Employers shall have no right, title or interest in the contributions made by 

them to the Pension Fund and no part of the Pension Fund shall revert to the 

Employers. 

12.12 Duplication of Benefits 

(A) A Participant may receive a pension benefit as a Spouse of a deceased Participant. 

12.13 Gender 

(A) The masculine gender as stated herein shall include the feminine gender, wherever 

applicable. 

48 

0214
12.14 Commencement of Benefits and Method of Payment 

(A) Effective May 1, 1997, the commencement date for pension payments shall be in 

accordance with the appropriate Plan provision as stated in Articles III through IX. 

A Participant's benefits shall be distributed to him not later than April pt of the 

calendar year following the later of: 

(1) the calendar year in which the Participant attains age seventy and one-half; 

or 

(2) the calendar year in which the Participant ceases to be employed in 

Covered Employment where contributions are being paid to the Plan on 

his behalf. 

(B) However, this subsection shall not apply in the case of a Participant who is or was 

a five percent owner at any time during his participation in the Plan. A five 

percent owner shall commence his benefits under Section 12. l 4(A)( 1) above. 

(C) Unless the mode of distribution is a single sum payment, distributions will be 

made each year in one of the following ways: 

(1) over the life of the Participant, 

(2) over the life of the Participant and a designated Beneficiary, 

(3) over a period certain not to extend beyond the life expectancy of the 

Participant, or 

(4) over a period certain not to extend beyond the joint life and last survivor 

expectancy of the Participant and a designated Beneficiary. 

(D) If a distribution is considered to have commenced in accordance with the Internal 

Revenue Service Regulations (IRS Regulations) before the Participant's death, the 

remaining interest will be distributed at least as rapidly as under the method of 

distribution being used as of the date of the Participant's death. 

(E) If the Participant dies before the time when distribution is considered to have 

commenced in accordance with the IRS Regulations, the following requirements 

shall be satisfied: 

(1) any remaining portion of the Participant's interest that is not payable to a 

Beneficiary designated by the Participant will be distributed within five 

years after the Participant's death; and 

(2) any portion of the Participant's interest that is payable to a beneficiary 

designated by the Participant will be distributed either 

49 

0215
(a) within five years after the Participant's death, or 

(b) over the life of the Beneficiary or over a period certain not to extend 

beyond the life expectancy of the Beneficiary, commencing no later 

than the end of the calendar year following the calendar year in 

which the Participant died (or, if the designated Beneficiary is the 

Participant's surviving spouse, commencing no later than the end of 

the calendar year following the calendar year in which the Participant 

would have attained age 70 1/2). 

(F) All distributions required under this section will be determined and made in 

accordance with Section 401(a)(9) of the Internal Revenue Code, including any 

regulations issued thereunder. 

12.15 Minimum Distribution Requirements 

(A) Any benefit provided under this Plan shall be subject to the requirements of Code 

section 401(a)(9) and any regulations, revenue rnlings, notices and other guidance 

either promulgated by the Secretary of the Treasury or published in the Internal 

Revenue Bulletins. The requirements of Section 40l(a)(9) of the Internal 

Revenue Code of 1986 are incorporated by reference, including Code section 

401(a)(9)(G) and regulation sections 1.401(a)(9)-2 to 1.401(a)(9)-9. These 

provisions override any distribution options in the Plan inconsistent with Code 

section 401 (a)(9). 

12.16 Retroactive Annuity Starting Dates 

(A) To the extent payment of a pension benefit is commenced after the normal annuity 

starting date (i.e. the 1st day of the month following receipt of the Participant's 

complete retirement application) the Plan shall pay the retroactive monthly 

payments along with interest in an amount equivalent to the Actuarial Equivalent 

interest rate set forth in Section 1.4. Such payments shall be made in lump-sum 

form. 

12.17 Freezing Benefits Upon Becoming Tenninated Vested Participant 

(A) Except as provided otherwise in this Plan, the pension benefit to which a Participant 

is entitled shall be detennined by the terms in effect in the Plan at the time the 

Participant becomes a Terminated Vested Participant. 

12.18 Rollovers 

(A) The Plan Administrative Manager shall provide a written explanation to all 

recipients of distributions under the Plan considered to be eligible for rollover 

treatment. The explanation shall include a notice which states (1) the distribution 

shall not be currently taxed to the extent transferred to another qualified Plan or 

50 

0216
individual retirement account within sixty days after the date on which the recipient 

receives the distribution and (2) the ten-year income averaging and capital gains 

provisions, if applicable. 

(B) Effective January 1, 1993, the following applies to distributions involving direct 

rollovers: 

(I) Notwithstanding any provision of the Plan to the contrary that would 

otherwise limit a Participant's election under this part, a Participant may 

elect, at the time and in the manner prescribed by the Plan Administrative 

Manager, to have any portion of an eligible rollover distribution that is 

equal to at least Five Hundred Dollars paid directly to an eligible 

retirement Plan specified by the Participant in a direct rollover. 

(C) Eligible Rollover Distribution 

(1) An eligible rollover distribution means any distribution to an Employee or 

spousal distribute of all or any portion of the balance to the credit of the 

employee in a qualified plan. Thus, any amount distributed to an 

Employee or spousal distribute from a qualified plan is an eligible rollover 

distribution, regardless of whether it is a distribution of a benefit that is 

protected under section 41 l(d)(6). 

(2) However, an eligible rollover distribution does not include the following: 

(a) Any distribution that is one of a series of substantially equal 

periodic payments made (not less frequently than annually) over 

any one of the following periods 

(i) The life of the employee ( or the joint lives of the employee 

and the employee's designated beneficiary); 

(ii) The life expectancy of the employee ( or the joint life and 

last survivor expectancy of the employee and the 

employee's designated beneficiary); or 

(iii) A specified period of ten years or more; 

(b) Any distribution to the extent the distribution 1s a required 

minimum distribution under section 401 ( a)(9); 

(c) Any distribution which is made upon hardship of the employee; 

( d) The portion of any distribution that is not includible in gross 

income (determined without regard to the exclusion for net 

unrealized appreciation described in Code section 402(e)(4)). Thus, 

for example, an eligible rollover distribution does not include the 

51 

0217
portion of any distribution that is excludible from gross income 

under Code section 72 as a return of the employee's investment in 

the contract ( e.g., a return of the employee's after-tax 

contributions), but does include net unrealized appreciation. 

(i) However, a portion of a distribution shall not fail to be an 

eligible rollover distribution merely because the portion 

consists of after tax Employee contributions that are not 

includible in gross income. However, such portion may be 

transferred only to an individual retirement account or 

annuity described in Section 401(a) or 403(a) of the Code 

that agrees to separately account for amounts so transfe1Ted, 

including separately account for the portion of such 

distribution which is includible in gross income and the 

portion of such distribution which is not so includible. 

(e) Elective deferrals (as defined in Code section 402(g)(3)) and 

employee contributions that, pursuant to rules prescribed by the 

Commissioner in revenue rulings, notices, or other guidance 

published in the Internal Revenue Bulletin (see Treas. Reg. § 

601.601(d)(2)), are returned to the employee (together with the 

income allocable thereto) in order to comply with the Code section 

415 limitations. 

(f) Corrective distributions of excess deferrals as described in Treas. 

Reg. § 1.402(g)-1 ( e )(3), together with the income allocable to these 

corrective distributions. 

(g) Corrective distributions of excess contributions under a qualified 

cash or deferred arrangement described in Treas. Reg. § l.401(k)-

l(f)(4) and excess aggregate contributions described in Treas. Reg. 

§ l.401(m)-2(b)(2), together with the income allocable to these 

distributions. 

(h) Loans that are treated as deemed distributions pursuant to Code 

section 72(p ). 

(i) Dividends paid on employer securities as described in Code section 

404(k). 

(j) The costs oflife insurance coverage (P.S. 58 costs). 

(k) Prohibited allocations that are treated as deemed distributions 

pursuant to Code section 409(p). 

52 

0218
(1) A distribution that is a permissible withdrawal from an eligible 

automatic contribution arrangement within the meaning of Code 

section 414(w). 

(m) Any similar items designated by the Commissioner in revenue 

rulings, notices, and other guidance published in the Internal 

Revenue Bulletin. See Treas. Reg.§ 601.601(d)(2)(ii)(b). 

(D) Eligible retirement plan. 

(1) "Eligible retirement plan" means: 

(a) an individual retirement account described in Code section 408(a); 

(b) an individual retirement annuity described in Code section 408(b) 

( other than an endowment contract); 

( c) a qualified trust described in Code section 40 I ( a); 

( d) an annuity plan described in Code section 403( a); 

(e) an eligible deferred compensation plan described in Code section 

457(b) which is maintained by an eligible employer described in 

Code section 457(e)(l)(A); and 

(f) an annuity contract described in Code section 403(b). 

(2) If any portion of an eligible rollover distribution is attributable to 

payments or distributions from a designated Roth account (as defined in 

Code section 402A), an eligible retirement plan with respect to such 

portion shall include only another designated Roth account and a Roth 

IRA. 

(3) For taxable years beginning after December 31, 2006, a Participant may 

elect to transfer employee (after-tax) or Roth elective deferral 

contributions by means of a direct rollover to a qualified plan or to a 

403(b) plan that agrees to account separately for amounts so transferred, 

including accounting separately for the portion of such distribution which 

is includible in gross income and the portion of such distribution which is 

not includible in gross income. 

(4) For distributions after December 31, 2008, an Eligible Rollover 

Distribution can be made to a non-spouse Beneficiary's individual 

retirement account or individual retirement annuity. 

(5) Distributee: A distributee includes a Participant or former Participant. In 

addition, the Participant's or former Employee's surviving Spouse and the 

Participant's or former Employee's Spouse or former Spouse who is the 

53 

0219
alternate payee under a qualified domestic relations order, as defined in 

section 414(p) of the Code, are distributees with regard to the interest of 

the Spouse or former Spouse. A non-Spouse beneficiary properly 

designated by a deceased Participant may establish the individual account 

under Code Section 408(a) or an individual retirement annuity under Code 

Section 408(b) known as an "inherited IRA" into all or a portion of a death 

benefit to which such non-Spouse designated beneficiary is entitled can be 

transferred in a direct Trustee to Trustee transfer (a direct Rollover). 

(E) Direct rollover 

( 1) A direct rollover is a payment by the Plan to the eligible retirement Plan 

specified by the distributee. 

(F) Mandatory Withholding 

(1) Any distribution under this Plan which is an eligible rollover distribution 

which is not in accordance this Section shall be subject to a twenty percent 

mandatory withholding. 

12.19 Limitation of Benefits 

(A) The limitation of benefits as imposed by the Internal Revenue Code are set forth in 

Article XV. 

12.20 Annual Statement to Participants 

(A) The Plan Administrative Manager shall annually furnish Active Participants a 

statement of employer contributions provided to the Fund on their behalf. 

12.21 Modification of Top-Heavy Rules 

(A) Effective date 

( 1) This section shall apply for purposes of determining whether the plan is a 

top-heavy plan under section 4 l 6(g) of the Code for plan years beginning 

after December 31, 2001, and whether the plan satisfies the minimum 

benefits requirements of section 416(c) of the Code for such years. 

(B) Detennination of top-heavy status 

(a) Key employee. 

(i) Key employee means any employee or former employee 

(including any deceased employee) who at any time during 

the plan year that includes the determination date was an 

54 

0220
officer of the employer having annual compensation greater 

than $130,000 (as adjusted under section 416(i)(l) of the 

Code for plan years beginning after December 31, 2002), a 

5-percent owner of the employer, or a I-percent owner of 

the employer having annual compensation of more than 

$150,000. For this purpose, annual compensation means 

compensation within the meaning of section 415(c)(3) of 

the Code. The determination of who is a key employee will 

be made in accordance with section 416(i)(l) of the Code 

and the applicable regulations and other guidance of 

general applicability issued thereunder. 

(C) Determination of present values and amounts. This Section shall apply for 

purposes of determining the present values of accrued benefits and the amounts of 

account balances of employees as of the determination date. 

(1) Distributions during year ending on the determination date. The present 

values of accrued benefits and the amounts of account balances of an 

employee as of the determination date shall be increased by the 

distributions made with respect to the employee under the plan and any 

plan aggregated with the plan under section 416(g)(2) of the Code during 

the I-year period ending on the determination date. The preceding 

sentence shall also apply to distributions under a terminated plan which, 

had it not been terminated, would have been aggregated with the plan 

under section 416(g)(2)(A)(i) of the Code. In the case of a distribution 

made for a reason other than severance from service, death, or disability, 

this provision shall be applied by substituting "5-year period" for "I-year 

period." 

(2) Employees not performing services during year ending on the 

determination date. The accrued benefits and accounts of any individual 

who has not performed services for the employer during the I -year period 

ending on the detennination date shall not be taken into account. 

(D) Minimum benefits 

(1) For purposes of satisfying the minimum benefit requirements of section 

416(c)(l) of the Code and the plan, in detennining years of service with 

the employer, any service with the employer shall be disregarded to the 

extent that such service occurs during a plan year when the plan benefits 

(within the meaning of section 410(b) of the Code) no key employee or 

former key employee. 

(E) Contributions under other plans. If both this Plan and a defined contribution plan 

maintained by the same Plan sponsor are top-heavy, the Participant will receive 

the defined benefit minimum. 

55 

0221
12.22 Annual Actuarial Valuation 

(A) Effective May 1, 2008, pursuant to the Pension Protection Act of 2006 ("PP A"), 

this Plan will undergo a full actuarial evaluation each Plan Year. If the Plan is in 

Endangered Status, as defined by the PPA, the Plan will follow the PPA 

procedures for adopting a Funding Improvement Plan, as defined by the PP A. If 

the Plan is in Critical Status, as defined by the PP A, the Plan will follow the PP A 

procedures for adopting a Rehabilitation Plan, as defined by the PPA. 

12.23 Consequences of Deferral 

(A) Effective May 1, 2007, notices/forms that relate to distributions will include a 

description of a Participant's right (if any) to defer receipt of a distribution and 

will describe the consequences of failing to defer receipt of the distribution, 

pursuant to the Regulations and other guidance provided by the Treasury and/or 

Labor. 

12.24 HEART Act Provisions 

(A) Differential Wage Payments 

(1) For Plan Years beginning on or after January 1, 2009, (i) an individual 

receiving a differential wage payment shall be treated as an employee of 

the employer making the payment; (ii) the differential wage payment shall 

be treated as compensation; and (iii) the plan shall not be treated as failing 

to meet the requirements of any provision described in Code Section 

414(u)(l)(C) by reason of any contribution or benefit which is based on 

the differential wage payment. 

(2) This provision shall be applicable only if all employees of an employer are 

entitled to receive differential wage payments on reasonably equivalent 

terms and, if eligible to participate in a retirement plan maintained by the 

employer, and are so permitted by the plan, to make contributions based 

on the payments on reasonably equivalent terms. 

(3) Differential Wage Payment means any payment which (i) is made by an 

employer to an individual with respect to any period during which the 

individual is performing service in the uniformed services, as defined in 

chapter 43 of title 38, United States Code, while on active duty for a 

period of more than 30 days, and (ii) represents all or a portion of the 

wages the individual would have received from the employer if the 

individual were performing service for the employer. 

(B) Special Rule for Distributions 

(1) For Plan Years beginning on or after January 1, 2009, for purposes of 

56 

0222
Code Sections 401 (k)(2)(B)(i)(I), 403(b )(7)(A)(ii), 403(b )(11 )(A), or 

457(d)(l)(A)(ii), an individual shall be treated as having been severed 

from employment during any period the individual is performing service in 

the uniformed services described in Code Section 3401(h)(2)(A). 

(C) Death Benefits 

(1) With respect to deaths and disabilities occurring on or after January 1, 

2007, in the case of a participant who dies while performing qualified 

military service, as defined in Code Section 414(u), the survivors of the 

participant are entitled to any additional benefits, other than benefit 

accruals relating to the period of qualified military service, provided under 

the plan had the participant resumed and then terminated employment on 

account of death. 

12.25 Normal Form of Benefit 

(A) The Normal Fonn of Benefit is a single life annuity. 

57 

0223
ARTICLE XIII: BENEFIT APPLICATION, ELECTION AND APPEALS PROCEDURES 

13 .1 Application for Retirement Benefits, Vested Benefits and Death Benefits 

(A) All applications for benefits under this Plan, whether on account of retirement, 

vesting or death, and all elections and designations made by Participants and 

Beneficiaries under this Plan shall be made in writing to the Board of Trustees in the 

form and manner prescribed by the Trustees. 

(B) The Trustees shall have the right to require submission of all necessary infonnation 

before any benefit is paid, including records of employment, proofs of date of birth, 

marriage and death. No benefit dependent in any way upon such information shall 

be payable unless and until the required information has been furnished. Upon 

receipt of such information, the Trustees shall determine the eligibility of the 

applicant for such benefit, and shall notify the applicant of their determination and 

the amount of any benefit payable. The Trustees shall have full discretionary 

authority to detennine eligibility for benefits or to construe the terms of the Plan and 

may adopt rules and regulations thereto. 

(C) Timely Submission of Applications for Benefits 

(1) Participants, Beneficiaries and surviving Spouses shall be able to apply for 

benefits under the Plan at any time after the date of two years preceding the 

date such applicant would first become eligible for the benefit, or as 

otherwise specifically set forth in this Plan. The office of the Administrative 

Manager of the Plan will send the applicant all proper application forms 

within thirty days of the receipt of the request to apply for benefits. 

13.2 Election of Benefits 

(A) All necessary questions concerning the applicant's election of any particular benefit 

under the Plan shall be explained in a written explanation provided to the applicant 

with the application forms including the effect of electing a Qualified Joint and 50% 

Survivor Benefit and the effect of not so electing. 

(B) All elections and revocations shall be made on the appropriate form available from 

the office of the Plan and shall be effective only upon completing, signing and filing 

of the form with the Plan Administrative Manager. 

13.3 Notification of Approval or Non-approval of Application 

(A) The Board of Trustees shall make all determinations regarding the validity of the 

claim. Upon any partial or total adverse benefit determination, the Fund shall 

deliver or mail a Notice of Denial to the claimant within ninety days of the filing 

of the claim, except in the case of a disability retirement benefit claim. In the case 

of a claim for disability retirement benefits, the Administrative Manager shall 

58 

0224
notify the claimant of the Plan's adverse benefit detennination within a reasonable 

period of time, but not later than forty-five days after receipt of the claim by the 

Plan. This forty-five day period may be extended by the Plan for up to thirty days, 

provided that the Administrative Manager both determines that such an extension 

is necessary due to matters beyond the control of the Plan and notifies the 

claimant, prior to the expiration of the initial 45-day period, of the circumstances 

requiring the extension of time and the date by which the Plan expects to render a 

decision. u: prior to the end of the first 30-day extension period, the 

Administrative Manager determines that, due to matters beyond the control of the 

Plan, a decision cannot be rendered within that extension period, the period for 

making the determination may be extended for up to an additional thirty days, 

provided that the Administrative Manager notifies the claimant, prior to the 

expiration of the first 30-day extension period, of the circumstances requiring the 

extension and the date as of which the Plan expects to render a decision. In the 

case of any extension under this paragraph, the notice of extension shall 

specifically explain the standards on which entitlement to a benefit is based, the 

unresolved issues that prevent a decision on the claim, and the additional 

information needed to resolve those issues, and the claimant shall be afforded at 

least forty-five days within which to provide the specified information. 

(B) The period of time within which a benefit determination is required to be made 

will begin at the time the claim is filed in accordance with the reasonable 

procedures of the Plan, without regard to whether all information necessary to 

make a benefit determination accompanies the filing. If additional information is 

necessary to make a benefit determination, the period of time for making the 

benefit determination shall be tolled from the date the notification for additional 

information is requested until the claimant responds to the request for additional 

information. 

(C) The notice shall be written m a manner calculated to be understood by the 

claimant, and shall contain: 

(1) the specific reason or reasons for the adverse determination; 

(2) specific reference to pertinent plan provisions on which the detennination 

was based; 

(3) a description of any additional material or information necessary for the 

claimant to perfect his claim and an explanation of why such material or 

information is necessary; 

(4) a description of the plan's review procedures and the time limits 

applicable to such procedures, including a statement of the claimant's right 

to bring a civil action under Section 502(a) of ERISA following an adverse 

benefit determination on review; 

59 

0225
(5) in the case of an adverse benefit detennination by the Plan regarding 

disability retirement benefits, 

(a) If an internal rule, guideline, protocol, or other similar criterion 

was relied upon in making the adverse determination, either the 

specific rule, guideline, protocol, or other similar criterion; or a 

statement that such a rule, guideline, protocol, or other similar 

criterion was relied upon in making the adverse determination and 

that a copy of such rule, guideline, protocol, or other criterion will 

be provided free of charge to the claimant upon request; or 

(b) If the adverse benefit determination is based on a medical necessity 

or experimental treatment or similar exclusion or limit, either an 

explanation of the scientific or clinical judgment for the 

determination, applying the terms of the Plan to the claimant's 

medical circumstances, or a statement that such explanation will be 

provided free to the claimant upon request. 

(D) Except in the case of a disability retirement benefit claim, the claimant or his 

authorized representative may appeal the decision of the Fund by written notice 

received by the Board of Trustees within sixty days of the mailing of the notice of 

an adverse benefit determination. In the case of a disability retirement benefit 

claim the claimant may appeal the decision within one hundred eighty days of the 

mailing of the notice of an adverse benefit determination. The written notice only 

needs to state the claimant's name, address, and the fact that the claimant is 

appealing from the decision of the Board of Trustees, giving the date of the 

decision appealed from. The appeal shall be addressed as follows: 

Sheet Metal Workers Local Pension Fund 

P.O. Box 368 

Troy, MI 48099-0368 

(E) The Plan shall 

(1) provide claimants the opportunity to submit written comments, 

documents, records, and other information relating to the claim for 

benefits; 

(2) provide that a claimant shall be provided, upon request and free of charge, 

reasonable access to, and copies of, all documents, records and other 

information relevant to his claim for benefits; and 

(3) provide for a review that takes into account all comments, documents, 

records, and other information submitted by the claimant relating to the 

claim, without regard to whether such infonnation was submitted or 

considered in the initial benefit determination. 

60 

0226
(F) In the case of a disability retirement benefit claim, the Plan shall: 

(1) provide for a review that does not afford deference to the initial adverse 

benefit determination and that is conducted by an appropriate named 

fiduciary of the Plan who is neither the individual who made the adverse 

benefit determination that is the subject of the appeal, nor the subordinate 

of such individual; 

(2) provide that, in deciding any appeal of an adverse benefit detennination 

that is based in whole or in part on a medical judgment, including 

determinations with regard to whether a particular treatment, drng, or other 

item is experimental, investigational, or not medically necessary or 

appropriate, the appropriate named fiduciary shall consult with a health 

care professional who has appropriate training experience in the field of 

medicine involved in the medical judgment; 

(3) provide for the identification of medical or vocational experts whose 

advice was obtained on behalf of the Plan in connection with a claimant's 

adverse benefit determination, without regard to whether the advice was 

relied upon in making the benefit determination; and 

(4) provide that the health care professional engaged for purposes of a 

consultation under paragraph (F)(2) of this Section shall be an individual 

who is neither an individual who was consulted in connection with the 

adverse benefit determination that is the subject of the appeal, nor the 

subordinate of any such individual. 

(G) Prior to a determination on the appeal, the claimant or his authorized 

representative may have an opportunity to review necessary and pertinent 

documents upon which the denial in whole or in part is based and may submit 

written issues and comments pertinent to the appeal. 

(H) Except in the case of a disability retirement benefit claim, the Board of Trustees 

shall consider the claimant's appeal of an adverse benefit detennination no later 

than its regular quarterly meeting which immediately follows the receipt of the 

notice of appeal, unless such notice was filed within thirty days preceding the date 

of such meeting. If the notice of appeal was received within thirty days prior to 

the next regular quarterly meeting, the Board of Trnstees may consider the appeal 

at the second regular quarterly meeting following the receipt of the notice of 

appeal. In the case of a disability retirement benefit claim the Board of Trustees 

shall consider such an appeal within forty-five days following receipt of the 

appeal. 

(I) If special circumstances exist regarding a benefit claim, the Board of Trnstees may 

take an extension of time to the next regularly scheduled meeting, to review the 

claim, provided that the claimant or his representative are given a notice 

61 

0227
describing the special circumstances prior to the expiration of the original review 

period. 

(J) After consideration of the appeal as above, the Board of Trustees shall advise the 

claimant or his representative of its decision, in writing, within five days 

following the meeting at which the appeal was considered. The decision of the 

Board of Trustees shall set forth specific reasons for their conclusions and shall be 

written in a manner calculated to be understood by the claimant and shall make 

references to the pertinent Plan provision(s) upon which the decision is based. 

The decision shall be final and binding upon the claimant unless further appealed 

as provided in Section (K) below. Notification of an adverse benefit 

determination, upon appeal, shall contain: 

(1) the specific reasons or reasons for the adverse benefit determination; 

(2) reference to specific Plan provisions on which the determination is based; 

(3) a statement that the claimant is entitled to receive, upon request and free of 

charge, reasonable access to, and copies of, all documents, records and 

other information relevant to his claim for benefits; 

(4) a description of the Plan's procedures regarding a hearing before the Board 

of Trustees and the time limits applicable to such procedures, including a 

statement of the claimant's right to bring civil action under ERISA Section 

502(a) following an adverse benefit determination from the Board of 

Trustees; and 

(5) the following statement "You and your plan may have other voluntary 

alternative dispute resolution options, such as mediation. One way to find 

out what may be available is to contact your local U.S. Department of 

Labor Office and your state insurance regulatory agency." 

(K) A full hearing before the Board of Trustees shall be held when: 

(1) The Board of Trustees determines, prior to making a decision on appeal, 

that a hearing is necessary. In such event, the Board of Trustees shall 

notify, by regular mail, the claimant or his representative of the date, time, 

and place set for a full hearing on the claimant's appeal. The notification 

shall be addressed to the claimant as shown on the notice of appeal. 

(2) The claimant or his representative requests a full hearing before the Board 

of Trustees by written notice within fifteen days after receipt of the Board 

of Trustees' decision on appeal. The written notice needs to state only the 

claimant's name, address, and the fact that the claimant is requesting a full 

hearing before the Board of Trustees, giving the date of the decision of the 

Board of Trustees. 

62 

0228
(3) In no case shall the date for the hearing set forth in (K)(l) or (K)(2), be set 

for a time later than the third regular meeting of the Board of Trustees 

following the receipt of the original notice of appeal. The claimant who 

had a hearing under (K)(l) shall not be entitled to a hearing under (K)(2). 

(L) The Hearing: 

(a) A full written report shall be kept of the proceedings of the 

hearing. 

(b) In conducting the hearing, the Board of Trustees shall not be bound 

by the usual common law or statutory rules of evidence. 

( c) The claimant or his attorney shall have the right to review the 

written record of the hearing, make a copy of it and file objections 

to it. 

(d) There shall be copies made of all documents and records 

introduced at the hearing, attached to the record of the hearing, and 

made a part of it. 

( e) All information upon which the Board of Trustees based its 

original decision shall be disclosed to the claimant or his 

representative at the hearing. 

(f) In the event that additional evidence is introduced by the Board of 

Trustees which was not made available to the claimant prior to the 

hearing, the claimant shall be granted a continuance of as much 

time as the claimant desires, not to exceed thirty days. 

(g) The claimant shall be afforded the opportunity of presenting any 

evidence on his behalf. If you offer new evidence, the hearing may 

be adjourned for a period of not more than thirty days so the Board 

of Trustees may, if they wish, investigate the accuracy of the 

claimant's new evidence or determine whether additional evidence 

should be introduced. 

(M) After consideration of the appeal after a hearing, the Board of Trustees shall 

advise the claimant or his representative of its decision in writing within five days 

following the hearing at which the appeal was considered. The decision of the 

Board of Trustees shall set forth specific reasons for their conclusion, shall be 

written in a manner calculated to be understood by the claimant and shall make 

reference to the pertinent Plan provisions upon which the decision is based. This 

decision shall be final and binding upon the claimant. 

63 

0229
(N) Effective July 28, 2014, no legal action regarding an applicant's benefit may be 

commenced or filed against the Board of Trustees or the Plan more than 1 year 

after the mailing of the Board of Trustees' decision on appeal as specified in 

Sections 13.3(J) or (M), whichever is later. 

64 

0230
ARTICLE XIV: FUNDING OF BENEFITS 

14.1 Source of Contributions 

(A) Contributions to the Pension Fund shall be made only by Employers on behalf of 

Participants. Neither contributions by a Participant nor contributions by an 

Employer on his own behalf shall be permitted under this Plan. 

14.2 Investment and Funding Policy 

(A) An investment policy shall be established with a goal of maintaining sufficient 

liquidity to assure the timely payments of benefits and the selection of 

investments, which will produce a long-term rate of return assumed by the 

Actuary in making his determination of funding requirements. The Board of 

Trustees may appoint an Investment Manager( s) to provide investment counsel. 

14.3 Actuarial Valuations and Plan Review 

(A) The rules, regulations, and benefits provided under the Plan have been adopted by 

the Board of Trustees on the basis of actuarial estimates which have been 

established to the extent sufficient to support the Plan on a permanent basis. 

However, it is recognized that in the future, the income and/or liabilities of the 

Pension Fund may be substantially different than those previously anticipated. 

Therefore, at least annually, the Board of Trustees shall have an actuarial valuation 

of the Pension Fund prepared. Upon the basis of all facts and circumstances, the 

Board of Trustees may from time to time amend these rules, regulations and benefits 

provided for thereby, including any increase or decrease in benefit amounts. No 

such decrease may operate to reduce any accrued vested benefits. Notwithstanding 

any other Section of the Plan, if the Plan is certified to be in Endangered or Critical 

status, as those terms are used in Code Section 432, the Plan will be administered 

according to the requirements of Code Section 432. 

65 

0231
ARTICLE XV: LIMITATION IMPOSED BY INTERJ.'l"AL REVENUE SERVICE 

15. l Limitation Year 

(A) The limitations of this article shall apply in limitation years beginning May 1, 

2007, except as otherwise provided herein. 

15.2 Annual Benefit 

(A) The Annual Benefit otherwise payable to a participant under the plan at any time 

shall not exceed the Maximum Permissible Benefit. If the benefit the participant 

would otherwise accrue in a Limitation Year would produce an Annual Benefit in 

excess of the Maximum Pennissible Benefit, the benefit shall be limited (or the 

rate of accrual reduced) to a benefit that does not exceed the Maximum 

Pennissible Benefit. 

15.3 Participation in Other Defined Benefit Plans 

(A) If the participant is, or has ever been, a participant in another qualified defined 

benefit plan (without regard to whether the plan has been terminated) maintained 

by the employer or a predecessor employer, the sum of the participant's Annual 

Benefits from all such plans may not exceed the Maximum Permissible Benefit. 

Where the participant's employer-provided benefits under all such defined benefit 

plans (detennined as of the same age) would exceed the Maximum Permissible 

Benefit applicable at that age. 

15.4 Accrued Benefit Prior to July 1, 2007 

(A) The application of the provisions of this article shall not cause the Maximum 

Permissible Benefit for any participant to be less than the participant's accrued 

benefit under all the defined benefit plans of the employer or a predecessor 

employer as of the end of the last Limitation Year beginning before July 1, 2007 

under provisions of the plans that were both adopted and in effect before April 5, 

2007. The preceding sentence applies only if the provisions of such defined 

benefit plans that were both adopted and in effect before April 5, 2007 satisfied 

the applicable requirements of statutory provisions, regulations, and other 

published guidance relating to § 415 of the Internal Revenue Code in effect as of 

the end of the last Limitation Year beginning before July 1, 2007, as described in 

§ l.415(a)-l(g)(4) of the Income Tax Regulations. 

15.5 Limitations 

(A) The limits imposed by Code Section 415 are incorporated by reference. There 

may be no accruals or benefit distributions in excess of the Code Section 415 

limitations. No annual benefit exceeding the Code Section 415(b) limitation will 

be accrued or payable in any optional form of benefit payable under the Plan, 

including the normal form of benefit. Employer discretion is also precluded. 

66 

0232
(B) Annual adjustments to the Code Section 415 limitations made pursuant to Code 

Section 415(d) are incorporated by reference. 

(C) The combination and/or aggregation of plans as provided in Code Section 

415( t)( 1) and 415(g) shall not apply to this Plan in determining the limitations 

under Code Section 4 l 5(b) inasmuch as this Plan is a multi-employer plan as 

defined in Code Section 414(t). 

(D) For this purpose, annual compensation means compensation within the meaning 

of section 415(c)(3) of the Code. 

67 

0233
ARTICLE XVI: DISCRIMINATION AND IVHNIMUM COVERAGE REQUIREMENTS 

16. l Compensation Defined 

(A) The term "compensation" means the compensation for the year of the Participant 

from the Employer reduced by all of the following items (even if includible in gross 

income); reimbursements or other expense allowances, fringe benefits (cash and 

noncash), moving expenses, deferred compensation, and welfare benefits. 

(B) For years beginning on or after January 1, 1989, and before January 1, 1994, the 

annual compensation of each Participant taken into account for determining all 

benefits provided under the Plan for any Plan year shall not exceed Two Hundred 

Thousand Dollars. This limitation shall be adjusted by the Secretary at the same 

time and in the same manner as under Section 415( d) of the Internal Revenue Code, 

except that the dollar increase in effect on January 1 of any calendar year and the 

first adjustment to the Two Hundred Thousand Dollars limitation is effective on 

January 1, 1990. 

(C) For years beginning on or after January 1, 1994, the annual compensation limit of 

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

Plan for any determination period shall not exceed One Hundred Fifty Thousand 

Dollars, as adjusted for the cost-of-living in accordance with Section 

401(a)(l 7)(B) of the Internal Revenue Code. The cost-of-living adjustment in 

effect for a calendar year applies to any determination period beginning in such 

calendar year. 

(D) The Annual Compensation of each Participant taken into account in determining 

benefit accrual in any Plan Year beginning after December 31, 2001, shall not 

exceed Two Hundred Thousand Dollars. Annual Compensation means 

Compensation during the Plan Year or such other consecutive twelve month 

period over which Compensation is otherwise determined under the Plan (the 

determination period). The Two Hundred Thousand Dollar limit on annual 

Compensation shall be adjusted for cost-of-living increases in accordance with 

Section 401(a)(l 7)(B) of the Code. The cost-of-living adjustment in effect for a 

calendar year applies to annual Compensation for the determination period that 

begins with or within such calendar year. In determining benefit accruals in Plan 

Years beginning after December 31, 2001, the annual Compensation limit, for 

determination periods beginning before January 1, 2002, shall be Two Hundred 

Thousand Dollars. 

16.2 Highly Compensated Employee 

(A) Effective May 1, 1997, the tenn "Highly Compensated Employee" includes highly 

compensated active Employees and highly compensated former employees. A 

Highly Compensated Employee includes any Employee who performs service for 

the Employer during the determination year and during the look back year who: 

68 

0234
( 1) received compensation from the Employer in excess of Eighty Thousand 

Dollars (as adjusted pursuant to Section 415 (d) of the Internal Revenue 

Code); and 

(2) who during the determination year or look back year was a five percent 

owner at any time during either year. 

(B) If no officer has satisfied the compensation requirement above during either a 

determination year or look-back-year, the highest paid officer for such year shall be 

treated as a Highly Compensated Employee. 

(C) For this purpose, the determination year shall be the Plan Year. The look-back-year 

shall be the twelve-month period immediately preceding the determination year. 

16.3 Compliance Internal Revenue Code Section 40l(a)(4) and 410(b) 

(A) Only employees identified in Section 1.13, are permitted to participate in this Plan. 

16.4 Requirements of the Internal Revenue Code 

(A) This Article is solely for the purpose of complying with the requirements of the 

Internal Revenue Code and Regulations issued thereunder and shall not be applied 

except to the extent necessary to comply with such requirements. 

69 

0235
ARTICLE XVII: AMENDMENT AND TERl'VUNATION OF PLAN 

17 .1 Plan Amendments 

(A) Any amendment to this Plan may be made retroactively by the majority action of the 

Board of Trustees present and voting in order to bring this Plan in compliance with 

ERISA and any subsequent amendments thereto. It is the desire of the Trustees to 

maintain this Plan as a qualified Plan and Trust under Sections 40l(d) and 501(a) of 

the United States Internal Revenue Code of 1954, as amended by ERISA and to the 

extent it is necessary to maintain said qualification the Trustees may amend this 

Plan retroactively. 

(B) The Trustees who are present and voting may amend this Plan by majority action as 

evidenced by an instrument in writing executed by the Trustees provided, however: 

(1) No amendment shall deprive any Participant, retired Participant, former 

Participant or any Beneficiary of any vested rights to which he is entitled 

under this Plan; 

(2) No amendment shall provide for the use of the Trust Fund for any purpose 

other than for the benefit of the Participants and their Beneficiaries; and 

(3) No amendment shall cause any funds contributed to this Plan or any assets 

of the Trust Fund to revert to or be made available to an Employer. 

17.2 Tennination of the Plan 

(A) The Trustees may terminate this Plan at any time as evidenced by an instrument in 

writing executed by a majority of the Trustees present and voting. 

17.3 Procedures in Event ofTennination 

(A) Standard Termination Procedure 

(1) The Administrative Manager shall first notify all "affected parties" (as 

defined in Act Section 400l(a)(21)) of the intention to terminate the Plan 

and the proposed date of termination. Such termination notice must be 

provided at least sixty days prior to the proposed termination date. 

However, in the case of a standard termination, it shall not be necessary to 

provide such notice to the Pension Benefit Guaranty Corporation (PBGC). 

As soon as practicable after the termination notice is given, the 

Administrative Manager shall provide a follow-up notice to the PBGC 

setting forth the following: 

(a) a certification of an enrolled actuary of the projected amount of the 

assets of the plan as of the proposed date of final distribution of 

70 

0236
assets, the actuarial present value of the "benefit liabilities" (as 

defined in Act Section 400l(a)(l6)) under the Plan as of the 

proposed termination date, and confirmation that the Plan is 

projected to be sufficient for such "benefit liabilities" as of the 

proposed date of final distribution; 

(b) a certification by the Administrative Manager that the infonnation 

provided to the PBGC and upon which the enrolled actuary based his 

certification is accurate and complete; and 

( c) such other information as the PBGC may prescribe by regulation. 

(2) The certification of the enrolled actuary and of the Administrative Manager 

shall not be applicable in the case of a Plan funded exclusively by individual 

insurance contracts. 

(3) No later than the date on which the follow-up notice is sent to the PBGC, the 

Administrative Manager shall provide all Participants and Beneficiaries 

under the Plan with an explanatory statement specifying each such persons' 

"benefit liabilities," the benefit form on the basis of which such amount is 

determined, and any additional information used in determining "benefit 

liabilities" that may be required pursuant to regulations promulgated by the 

PBGC. 

( 4) A standard termination may only take place if at the time the final 

distribution of assets occurs, the Plan is sufficient to meet all "benefit 

liabilities" detennined as of the termination date. 

17.4 Manner of Distribution 

(A) Subject to the foregoing provisions of this Article, all distributions after termination 

of the plan shall normally be made by the Trustees in the form of annuity purchases 

in accordance with annuity purchase rate assumptions selected by the Trustees in 

accordance with such governmental regulations as may apply. Alternatively, the 

Trustees may, in their discretion, make distributions, in whole or in part, in cash or 

in securities of other assets in kind, to the extent that no discrimination in value 

results and such distributions are not inconsistent with ERISA. 

17 .5 Allocation of Assets 

(A) Upon termination of this Plan, the assets then remaining in the Trust Fund shall be 

allocated and distributed to participants in a manner substantially similar to Section 

4044 of the Employee Retirement Income Security Act of 1974, as amended. 

(B) The assets so allocated to each such participant shall be distributed in the fo1m of a 

retirement benefit commencing on such date on or after the date of termination of 

71 

0237
this Plan, but in any event not later than his normal retirement date, as the 

Administrative Manager shall select. Such distribution shall be accomplished 

through either (A) continuance of the Trust Fund or a new trust fund or (B) purchase 

of annuity contracts; provided, however, that the Trustees may direct that the Trust 

Fund be continued with respect to some of the participants and that annuity 

contracts be purchased with respect to the other participants. Effective May 1, 1998, 

if any allocation produces a retirement benefit which has a lump sum actuarial 

equivalent of less than Five Thousand Dollars, the Trustees, in their sole discretion, 

may direct payment of the lump sum actuarial equivalent in lieu of such retirement 

benefit. 

(C) Any sums remaining in the Trust Fund, after satisfaction of or provision for all 

liabilities with respect to all persons entitled to benefits under this Plan and all 

expenses of the Trust Fund, shall be allocated proportionately among the 

Participants. Each Participant shall be allocated that portion of the remaining assets 

which bears the same relationship to the total remaining assets as such Participant's 

present value of his monthly accrued pension bears to the aggregate present values 

to the aggregate present value of all participants' monthly accrued pensions. 

17 .6 Vesting on Termination 

(A) Notwithstanding anything to the contrary contained in this Article XVII and for the 

sole purpose of complying with the provisions of Section 41 l(d)(3) of the Internal 

Revenue Code, in the event of tennination or partial termination of this Plan, the 

interests in this Plan, of all participants affected by such termination or partial 

termination shall be fully vested and nonforfeitable to the extent funded as of the 

date of such termination or partial termination. For purposes of this Section, no 

event shall be deemed to be a "partial termination" unless: (A) the Trustees have so 

designated such event in a writing delivered to the participating Employers; or (B) 

such event has been finally and expressly detennined to be a partial termination 

within the meaning of Section 41 l(d) of the Internal Revenue Code of 1954, as 

amended, in an administrative or judicial proceeding to which both the Trustee and 

the Commissioner oflnternal Revenue or his delegate were parties. 

17. 7 Merger or Consolidation of the Plan 

(A) In the event of the merger or consolidation with, or transfer of assets or liabilities 

to, any other defe1Ted compensation plan and trust, no accrued benefit of a 

Participant or Beneficiary shall be lower immediately after the effective date of 

the merger or transfer than the accrued benefit immediately before the effective 

date of merger of transfer. 

(B) The Trustees will agree to pursue merger discussions with other multi-employer 

pension fund(s) only under the following conditions: 

(1) The other pension fund(s) provides this Fund with all requested 

72 

0238
information this Fund deems necessary to enable it to fully study and 

understand the other funds: 

(a) eligibility requirements and benefit provisions and formulas; 

(b) prior benefit improvements and implementation dates; 

(c) investment statement policy and prior investment experience; 

( d) prior and current funding status and the actuarial methods and 

assumptions under which such status was determined. 

(e) other fund(s) agrees: 

(i) that there will be no Unfunded Vested Benefit (potential 

employer withdrawal liability) immediately after the date of 

merger and agrees that it is desirable in the long term to 

maintain a "no Unfunded Vested Benefit" status; 

(ii) with this Fund on appropriate actuarial methods and 

assumptions that would be used to determine the initial 

funding status of the merged plan; 

(iii) with this Fund on the manner of making future benefit 

changes as it would effect the three major classes of 

Participants - actives, terminated vesteds, and retireds. 

(2) The Normal Retirement Benefit formula of the merged plan will, 

immediately after the date of merger, provided: 

(a) that Participants of the merged fund will receive benefit credit for 

each hour worked for contributing Employers during future Plan 

Years; 

(b) that current Active Participants of this Fund (immediately prior to 

the date of merger) will earn at least as much benefit credit for 

years worked after the date of merger as would have been earned 

under the provisions of this Fund, for the same number of Hours 

Worked and the same Employer contribution rate. 

(3) The Normal Retirement Age, Early Retirement Age and early retirement 

reduction factors of the merged Plan would be at least a favorable to 

Participants of this Fund as such provisions exist in this Fund immediately 

prior to the date of merger. 

(4) All provisions of federal law and regulations concerning plan mergers are 

73 

0239
followed. 

74 

0240
SIGNATURE PAGE 

IN WITNESS WHEREOF, the Trustees of the Sheet Metal Workers Local Pension Fund have 

adopted the Plan in restated form on this sth day of January, 2015. 

UNION TRUSTEES 

0241
AMENDMENT NO. 1 

TO THE AMENDED AND RESTATED 

SHEET METAL WORKERS LOCAL PENSION PLAN 

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1, 

2002;and 

WHEREAS, Aliicle XVII, Section 1, pe1mits the Trustees to amend or modify this Plan at 

any time by majority vote, retroactively if necessa1y, to meet the foregoing qualification and 

exemption requirements of the Code or to meet any of the requirements of the Act or con-esponding 

provisions of any subsequent Ol' amendato1y federal legislation which is applicable; 

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by 

resolution duly made, seconded and approved that, effective as of the dates herein provided, the 

PLAN be amended in the following respects, said amendments being hereby incorporated into the 

PLAN: 

A. Effective August 1, 2010, Article XI, Section 1 shall be ft11temled by ru!ding ft new Section 

1 (C) which shall read as follows: 

C. Time ancl Order oflssuance of Domestic Relations Orders. 

1. A domestic relations order otherwise meeting ERISA's requirements to be a QDRO 

shall not fail to be treated as a QDRO solely because the order is issued after or 

revises another domestic relations order or QDRO. 

2. A domestic relations order otherwise meeting ERISA's requirements to be a QDRO 

shall not fail to be treated as a QDRO solely because of the time at which it is issued. 

3. Any domestic relations order described in Paragraphs A and B above shall be subject 

to the same requirements and protections that apply to all QDROs under Section 

206(d)(3) ofERISA. 

Except as expressly amended or modified herein, all of the terms of the Plan are hereby 

affirmed. 

IN WITNESS WHEREOF, this Amendment has been executed by the Trustees on the 6th 

day of January, 2011. 

MANAGEMENT TRUSTEES 

0242
AMENDMENT NO. 2 

TO THE AMENDED AND RESTATED 

SHEET METAL \VORKERS LOCAL PENSION PLAN 

\VHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1, 

2002;and 

WHEREAS, Article XVII, Section 1, pennits the Trustees to amend or modify this Plan 

at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and 

exemption requirements of the Code or to meet any of the requirements of the Act or 

con-esponding provisions of any subsequent or amendatory federal legislation which is 

applicable; 

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by 

resolution duly made, seconded and approved that, effective as of the dates herein provided, the 

PLAN be amended in the following respects, said amendments being hereby incorporated into 

the PLAN: 

A. Effective June 1, 2011, Article I, Section 1.13 shall be amended by including a new 

Section 1.13 (A)(5), which shall read as follows: 

(5) An Owner-Member as defined in the collective bargaining agreement between 

Sheet Metal Workers Local Union No. 33, Akron District and the 

Akron/Canton/Mansfield Roofing and Sheet Metal Contractors' Association. 

B. Effective June 1, 2011, Article I, Section 1.28 shall be amended by adding a new 

Section 1.28 (E), which shall read as follows: 

(E) An Owner-Member, as defined in Section l.13(A)(5), shall be deemed a 

"Participant" or an "Employee" if (1) a Contributing Employer is required to contribute to 

the Plan on behalf of the Owner-Member pursuant to a Collective Bargaining Agreement, or 

(2) the Owner-Member is employed by a Contributing Employer, is not included in a 

collective bargaining unit represented either by the Union but is permitted to be treated as so 

included pursuant to the rules set forth in Treasury Regulation Section 1.41 O(b )-6( d)(2)(ii), 

and the Owner-Member's Employer contributes to the Plan on behalf of the Owner Member in 

order to continue to provide benefits previously provided to the Owner-Member as a Covered 

Employee. If a Contributing Employer contributes to the Plan on behalf of an Owner-Member 

pursuant to this Section l .28(E), the Plan Document and the Trust Document shall be deemed 

to be a successor agreement to the Collective Bargaining Agreement under which such 

Owner-Member was most recently covered, by so-contributing the Employer agrees to be 

bound by the terms of the Plan Document and Tlust Document, and such Owner-Member shall 

be deemed to continue to be covered under such Collective Bargaining Agreement, including 

any changes thereto, at the position the Owner-Member most recently held under such 

Collective Bargaining Agreement for purposes of determining the Contribution Rate and the 

Contribution Hours on behalf of the Owner-Member. If a Conhi.buting Employer employing 

0243
2 

an Owner-Member fails to make contributions to the Plan with respect to any Employee, 

including the Owner-Member, the Owner-Member shall cease to be an Employee as of the 

first day of the month that follows the due date of the unpaid contribution(s). In such case, the 

Owner-Member shall become an Employee again when the Contributing Employer resumes 

making timely contributions to the Plan on behalf of all its Covered Employees, including the 

Owner-Member, provided, however, that the Owner-Member shall not be in Covered 

Employment for the one-year period commencing on the date of such resumption. 

Notwithstanding anything in this Section to the contrary, the term "Employee" or "Participant" 

shall not include any individual who is the sole proprietor of or a partner in a business 

organization, or an independent contractor 

Except as expressly amended or modified herein, all of the terms of the Plan are 

hereby affirmed. 

IN 'WITNESS WHEREOF, this Amendment has been executed by the Trustees on the 

14th day of April, 2011. 

MANAGEMENT TRUSTEES UNION TRUSTEES 

2 

0244
AMENDMENT NO. 3 

TO THE AMENDED AND REST A TED 

SHEET MET AL \VORKERS LOCAL PENSION PLAN 

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1, 

2010;and 

WHEREAS, Article XVII, Section 1, permits the Tmstees to amend or modify this Plan 

at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and 

exemption requirements of the Code or to meet any of the requirements of the Act or 

corresponding provisions of any subsequent or amendatory federal legislation which is 

applicable; 

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by 

resolution duly made, seconded and approved that, effective as of the dates herein provided, the 

PLAN be amended in the following respects, said amendments being hereby incorporated into 

the PLAN, pursuant to an IRS information request dated August 9, 2012: 

A. Effective May 1, 2008, Section 6.l(C) shall be amended in its entirety to read as 

follows: 

(C) Effective May 1, 2008, in order that each Pmiicipant may have an adequate opportunity to 

make an election, an election period is hereby established. This period shall be no less 

than thirty (30) and no more than one hundred eighty (180) days before the Participant's 

pension commencement date. During the election period the Participant shall have the 

right to receive a written explanation of: 

( 1) The terms and conditions of the Qualified Joint and 50% Survivor Annuity and 

the relative value of optional fonns of benefits. 

(2) The Participant's right to make an election to waive the Qualified Joint and 50% 

Survivor Annuity; 

(3) The right of the Participant's Spouse to consent to any election to waive the 

Qualified Joint and 50% Survivor Annuity; 

( 4) The right of the Participant to revoke such elections and the effect of such 

revocation; and 

(5) Any other explanation required under Section 401(a)(l l)(E) or 417(a)(3)(A) of 

the Internal Revenue Code and any lawful regulations thereunder. 

0245
B. Effective May 1, 2008, Section 6.S(B) shall be amended in its entirety to read as 

follows: 

(B) Effective May 1, 2008, in order that each Participant may have an adequate opportunity to 

make an election, an election period is hereby established. This period shall be no less 

than thirty (30) and no more than one hundred eighty (180) days before the Participant's 

pension commencement date. During the election period the Participant shall have the 

right to receive a written explanation of: 

(1) The terms and conditions of the Qualified Joint and 75% Survivor Annuity and 

the relative value of optional forms of benefits. 

(2) The right of the Participant to revoke such election and the effect of such 

revocation; and 

(3) Any other explanation required under Section 40l(a)(l l)(E) or 417(a)(3)(A) of 

the Internal Revenue Code and any lawful regulations thereunder. 

C. Effective March 28, 2005, Section 12.7 shall be amended to read as follows: 

12. 7 Small Benefits 

(A) The Trustees may make arrangements for the payment of small monthly 

Retirement Benefits in less frequent payments of larger amounts. 

(B) Effective May 1, 1998, notwithstanding any other provisions of this Plan to the 

contrary, if the Actuarial Equivalent of any monthly benefit payable under the 

Plan does not exceed Five Thousand Dollars ($5,000.00), the Actuarial Equivalent 

of such benefit may, at the discretion of the Board of Trustees, be distributed to 

the payee in a lump-sum in lieu of any other benefits provided by the Plan. 

However, effective March 28, 2005, any mandatory or involuntary lump-sum 

distributions in an amount in excess of $1,000, but less than $5,000, shall only be 

made in the fonn of an automatic rollover IRA, as provided for by the Plan. 

Lump-sum distributions of an amount less than $1,000 may still be made in a 

lump-sum form made directly to the Participant. Provided further, the interest of 

an alternate payee pursuant to a Qualified Domestic Relations Order shall not be 

considered in determining whether or not a Participant shall be eligible for a 

lump-sum distribution. 

D. Effective May 1, 2002, Section 12.21(C)(l) shall be amended to read as follows: 

(1) Distributions dming year ending on the determination date. The present values of accrued 

benefits and the amounts of account balances of an employee as of the detennination date 

shall be increased by the distributions made with respect to the employee under the plan 

and any plan aggregated with the plan under section 416(g)(2) of the Code dming the 1-

2 

0246
year period ending on the dete1mination date. The preceding sentence shall also apply to 

distributions under a tem1inated plan which, had it not been te1minated, would have been 

aggregated with the plan under section 4 l 6(g)(2)(A)(i) of the Code. 1n the case of a 

distribution made for a reason other than severance from service, death, or disability, this 

provision shall be applied by substituting "5-year period" for 11 1-year period." 

3 

0247
Except as expressly amended or modified herein, all of the terms of the Plan are 

hereby affirmed. 

IN ·wrTNESS WHEREOF, this Amendment has been executed by the Trustees on the 

1gth day of April, 2013. 

0248
AMENDMENT NO. 4 

TO THE AIVIENDED AND RESTATED 

SHEET METAL \YORKERS LOCAL PENSION PLAN 

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1, 

2010;and 

WHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan 

at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and 

exemption requirements of the Code or to meet any of the requirements of the Act or 

c01Tesponding provisions of any subsequent or amendatory federal legislation which is 

applicable; 

NO\V, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by 

resolution duly made, seconded and approved that, effective as of the dates herein provided, the 

PLAN be amended in the following respects, said amendments being hereby incorporated into 

the PLAN: 

A. Effective January 1, 2009, Section 12.24 shall be added to the Plan and shall read as 

follows: 

12.24 HEART Act Provisions 

(A) Differential Wage Payments 

(1) For Plan Years beginning on or after January 1, 2009, (i) an individual 

receiving a differential wage payment shall be treated as an employee of 

the employer making the payment; (ii) the differential wage payment shall 

be treated as compensation; and (iii) the plan shall not be treated as failing 

to meet the requirements of any provision described in Code Section 

414(u)(l)(C) by reason of any contribution or benefit which is based on 

the differential wage payment. 

(2) This provision shall be applicable only if all employees of an employer are 

entitled to receive differential wage payments on reasonably equivalent 

terms and, if eligible to participate in a retirement plan maintained by the 

employer, and are so permitted by the plan, to make contributions based 

on the payments on reasonably equivalent terms. 

(3) Differential \Vage Payment shall mean any payment which (i) is made by 

an employer to an individual with respect to any period during which the 

individual is performing service in the uniformed services, as defined in 

chapter 43 of title 38, United States Code, while on active duty for a 

period of more than 30 days, and (ii) represents all or a portion of the 

wages the individual would have received from the employer if the 

0249
individual were perfom1ing service for the employer. 

(B) Special Rule for Distributions 

(1) For Plan Years beginning on or after January 1, 2009, for purposes of 

Code Sections 40l(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(l l)(A), or 

457(d)(l)(A)(ii), an individual shall be treated as having been severed 

from employment during any period the individual is performing service in 

the uniformed services described in Code Section 3401(h)(2)(A). 

(C) Death Benefits 

(1) With respect to deaths and disabilities occurring on or after January 1, 

2007, in the case of a participant who dies while performing qualified 

military service, as defined in Code Section 414(u), the survivors of the 

participant are entitled to any additional benefits, other than benefit 

accruals relating to the period of qualified military service, provided under 

the plan had the participant resumed and then terminated employment on 

account of death. 

2 

0250
Except as expressly amended or modified herein, all of the terms of the Plan are 

hereby affirmed. 

IN WITNESS WHEREOF, this Amendment has been executed by the Trustees on the 

23 rd day of September, 2013. 

0251
AMENDMENT NO. 5 

TO THE AMENDED AND RESTATED 

SHEET METAL \YORKERS LOCAL PENSION PLAN 

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1, 

2010;and 

'WHEREAS, Article XVII, Section 1, pennits the Trnstees to amend or modify this Plan 

at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and 

exemption requirements of the Code or to meet any of the requirements of the Act or 

con-esponding provisions of any subsequent or amendatory federal legislation which is 

applicable; 

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by 

resolution duly made, seconded and approved that, effective as of the dates herein provided, the 

PLAN be amended in the following respects, said amendments being hereby incorporated into 

the PLAN: 

A. Effective August 1, 2013, Article III, Section 3.2(A)(2) shall be amended by adding 

the following language: 

8-1-13 and After 0% of Employer Contributions 

B. Effective August 1, 2013, Article III, Section 3.2(B) shall be amended as follows: 

For an Active Participant who retires on or after May 1, 2006, the Future Service Benefit 

shall be equal to (a) 3.65% of Employer Contributions made on his/her behalf for hours 

worked prior to May 1, 2003; plus (b) 2.2% of Employer Contributions ( except for the 

non-accrual limitations set forth above) made on his/her behalf for hours worked between 

May 1, 2003 and April 30, 2006; plus (c) .36 % of Employer Contributions made on 

his/her behalf for hours worked between May l, 2006 and July 31, 2013. There will be 

no future service benefit accrual subsequent to July 31, 2013 unless reinstated by the 

Trustees. 

C. Effective September 1, 2013, Article V, entitled "Total and Permanent Disability 

Benefits", shall be amended by adding the following new Section 5.6: 

5.6 The Disability Benefit provided for herein shall be eliminated on and after 

September 1, 2013. This Section 5.6 shall not affect participants who are, or have been 

approved for, and/or are receiving a disability benefit prior to September 1, 2013. 

0252
D. Except as expressly amended or modified herein, all of the terms of the Plan are 

hereby affirmed. 

IN ·wITNESS ·wHEREOF, this Amendment has been executed by the Trustees on the 

23 rd day of September, 2013. 

0253
AMENDMENT NO,Y Co 

TO THE AMENDED AND RESTATED 

SHEET MET AL \YORKERS LOCAL PENSION PLAN 

\VHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May I, 

2010;and 

WHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan 

at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and 

exemption requirements of the Code or to meet any of the requirements of the Act or 

corresponding provisions of any subsequent or amendatory federal legislation which is 

applicable; 

NO\iV, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by 

resolution duly made, seconded and approved that, effective as of the dates herein provided, the 

PLAN be amended in the following respects, said amendments being hereby incorporated into 

the PLAN: 

A. Effective September 16, 2013, the Plan shall be amended, pursuant to IRS 

Revenue Ruling 2013-17 and to the decision of the United States Supreme Court in United 

States v. Windsor, so as to provide that the Plan term "Spouse" shall include a spouse who is a 

same-sex individual. Therefore, the Plan shall provide as follows: 

1.3 7 Spouse or Eligible Spouse 

The tenn "Spouse" or "Eligible Spouse" shall mean the legal Spouse of the 

Participant at the time a Pre-Retirement Death Benefit is first payable or the legal 

Spouse of the Participant at the time the Participant commences receiving 

Retirement Benefits provided by this Plan. In addition to the foregoing, the term 

"spouse" includes any individuals who are lawfully married under any state law, 

including any individuals married to a person of the same gender who were legally 

married in a state that recognizes such marriages, but who are domiciled in a state 

that does not recognize such marriages. The tenn "marriage" as used in the 

preceding sentence, includes a same-gender marriage that is legally recognized as 

a marriage under any state law. Provided, however, the te1ms "spouse" and 

"marriage" do not include individuals in a formal relationship recognized by a 

state where that relationship is not designated a man-iage under state law, such as 

a domestic partnership or a civil union, regardless of whether the spouses are 

same-gender or opposite-gender. 

0254
B. Except as expressly amended or modified herein, all of the terms of the Plan are 

hereby affirmed. 

IN WITNESS WHEREOF, this Amendment has been executed by the Trustees on the 

30th day of October, 2013. 

2 

0255
AMENDMENT NO. 7 

TO THE AMENDED AND RESTATED 

SHEET METAL \VORKERS LOCAL PENSION PLAN 

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1, 

2010; and 

\VHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan 

at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and 

exemption requirements of the Code or to meet any of the requirements of the Act or 

corresponding provisions of any subsequent or amendatory federal legislation which is 

applicable; 

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by 

resolution duly made, seconded and approved that, effective as of the dates herein provided, the 

PLAN be amended in the following respects, said amendments being hereby incorporated into 

the PLAN: 

A. Effective June 26, 2013, the Plan shall be amended, pursuant to IRS Notice 2014-19, 

so as to provide that the Plan term "Spouse" shall include a spouse who is a samesex individual. Therefore, Section 1.37, previously amended by Amendment No. 6, 

shall be amended to read as follows: 

1.37 Spouse or Eligible Spouse 

(A) The term "Spouse" or "Eligible Spouse" shall mean the legal Spouse of the 

Participant at the time a Pre-Retirement Death Benefit is first payable or 

the legal Spouse of the Participant at the time the Participant commences 

receiving Retirement Benefits provided by this Plan. 

(B) Effective June 26, 2013, the term "Spouse" or "Eligible Spouse" shall 

include individuals married to a person of the same sex if the individuals 

were lawfully married under state law in a state whose laws authorize the 

marriage of two individuals of the same sex even if the married couple is 

domiciled in a state that does not recognize the validity of same-sex 

marriages. 

(C) The tenn "Spouse" or "Eligible Spouse" does not include individuals 

(whether of the opposite sex or the same sex) who have entered into a 

registered domestic partnership, civil union, or other similar formal 

relationship recognized under state law that is not denominated as a 

maniage under the laws of that state. 

0256
B. Except as expressly amended or modified herein, all of the terms of the Plan are 

hereby affirmed. 

IN \VITNESS 'WHEREOF, this Amendment has been executed by the Trustees on the 

2sth day of July, 2014. 

UNION TRUSTEES 

0257
AMENDMENT NO. 8 

TO THE AMENDED AND REST A TED 

SHEET METAL \YORKERS LOCAL PENSION PLAl~ 

WHEREAS, the Sheet Metal \.Yorkers Local Pension Plan was restated effective May I, 

2010;and 

\VHEREAS, Article XVII, Section I, permits the Trustees to amend or modify this Plan 

at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and 

exemption requirements of the Code or to meet any of the requirements of the Act or 

corresponding provisions of any subsequent or amendatory federal legislation which is 

applicable; 

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by 

resolution duly made, seconded and approved that, effective as of the dates herein provided, the 

PLAN be amended in the following respects, said amendments being hereby incorporated into 

the PLAN: 

A. Effective July 28, 2014, the Plan shall be amended, pursuant to the ruling by the 

United States Supreme Court in Heimeshoff v. Hartford Life & Accident Insurance 

Co., new Section 13.4(N) shall be added to read as follows: 

(N) Effective July 28, 2014, no legal action regarding an applicant's benefit 

may be commenced or filed against the Board of Trustees or the Plan 

more than l year after the mailing of the Board of Trustees' decision on 

appeal as specified in Sections 13.4(J) or (M), whichever is later. 

0258
B. Except as expressly amended or modified herein, all of the terms of the Plan are 

hereby affirmed. 

IN 'WITNESS WHEREOF, this Amendment has been executed by the Trustees on the 

2gth day of July, 2014. 

0259