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Application for Approval of Benefit Suspension for the 

Laborers Local No. 265 Pension Plan 

EXHIBIT J 

PLAN DOCUMENTS 

LAB265_00112
LABORERS LOCAL NO. 265 PENSION PLAN 

AS AMENDED AND RESTATED 

JANUARY 1, 2015 

LAB265_00113
Contents 

PREAMBLE 

ARTICLE I-DEFINITIONS ......................................................................................................... 1 

Section 1.1 - ACCRUED BENEFIT. ...................................................................................... 1 

Section 1.2 -ACTUARIAL EQUIVALENT ............................................................................ 1 

Section 1.3 - ACTUARY .......................................................................................................... 2 

Section 1 .4 - ADMINISTRATOR. ........................................................................................... 2 

Section 1.5 - AGREEMENT AND DECLARATION OF TRUST ........................................ 2 

Section 1.6 - AL TERNA TE PAYEE ...................................................................................... 2 

Section 1.7-ANNUITANT ...................................................................................................... 2 

Section 1.8 - ANNUITY STARTING DATE. ......................................................................... 3 

Section 1.9-ASSOCIATION .................................................................................................. 3 

Section 1.10 - BENEFICIARY ................................................................................................ 3 

Section 1.11 - BOARD OF TRUSTEES ............................................................................... 3 

Section 1.12 - COLLECTIVE BARGAINING AGREEMENT ............................................. 3 

Section 1.13 - CONSUL TANT ................................................................................................ 4 

Section 1.14- CONTRIBUTIONS.; ........................................................................................ 4 

Section 1.15 - COVERED EMPLOYMENT .......................................................................... 4 

Section 1.16 - CREDITED SERVICE. .................................................................................. .4 

Section 1.17 - CUSTODIAN ................................................................................................... 5 

Section 1.18- DOMESTIC RELATIONS ORDER. ............................................................. 5 

Section 1.19 - ELIGIBILITY FOR PARTICIPATION ........................................................... 5 

Section 1.20 - EMPLOYEE ..................................................................................................... 5 

Section 1.21 - EMPLOYER .................................................................................................... 6 

Section 1.22 - ERISA ............................................................................................................... 6 

Section 1.23 - FIDUCIARY ..................................................................................................... 7 

Section 1.24- FORFEITED SERVICE. ................................................................................ 7 

Section 1.25 - HOUR OF SERVICE. ..................................................................................... 7 

Section 1.26 - INVESTMENT MANAGER. ........................................................................... 8 

Section 1.27 - JOINT AND SURVIVOR SPOUSE ANNUITY ........................................... 9 

Section 1.28 - NAMED FIDUCIARIES .................................................................................. 9 

Section 1.29 - NON-VESTED EMPLOYEE. ........................................................................ 9 

Section 1.30 - NORMAL RETIREMENT AGE. .................................................................... 9 

Section 1.31 - ONE YEAR BREAK IN SERVICE. ............................................................... 9 

Section 1.32 - PARTICIPANT .............................................................................................. 1 O 

Section 1.33 - PARTY IN INTEREST ................................................................................. 10 

Section 1.34 - PLAN .............................................................................................................. 10 

Section 1.35 - PLAN YEAR .................................. _. ............................................................... 1 O 

Section 1.36 - PROFESSIONAL ADMINISTRATOR. ...................................................... 10 

Section 1.37 - QUALIFIED DOMESTIC RELATIONS ORDER ..................................... 10 

Section 1.38 - QUALIFIED ELECTION .............................................................................. 11 

Section 1.39 - RETIREMENT ............................................................................................... 12 

Section 1.40 - SPOUSE ........................................................................................................ 12 

Section 1.41 - TRUST FUND ............................................................................................... 12 

Section 1.42 - UNION ............................................................................................................ 12 

Section 1.43- VESTED ......................................................................................................... 13 

Section 1.44 - VESTING SERVICE. ................................................................................... 13 

Section 1.45 - YEAR OF SERVICE. ................................................................................... 13 

ARTICLE II-CREDITED SERVICE ........................................................................................ 14 

Section 2.1 - CREDITED SERVICE. ................................................................................... 14 

Section 2.2 - BREAK IN SERVICE. ..................................................................................... 15 

LAB265_00114
Section 2.3 - GRACE PERIOD FOR COVERED EMPLOYMENT. ................................ 15 

ARTICLE Ill-ELIGIBILITY FOR BENEFITS ........................................................................ 18 

Section 3.1 - NORMAL RETIREMENT ............................................................................... 18 

Section 3.2- EARLY RETIREMENT ................................................................................... 18 

Section 3.3 - DISABILITY RETIREMENT .......................................................................... 20 

Section 3.4 - VESTED DEFERRED RETIREMENT. ........................................................ 25 

Section 3.5- PARTIAL PENSION ....................................................................................... 26 

Section 3.6 - POSTPONED RETIREMENT. ...................................................................... 26 

Section 3. 7 - LA TE RETIREMENT ...................................................................................... 26 

ARTICLE IV-RETIREMENT BENEFITS .............................................................................. 27 

Section 4.1 - NORMAL RETIREMENT ............................................................................... 27 

Section 4.2 - ADJUSTMENTS TO RETIREMENT FORMULA ....................................... 28 

Section 4.3 - EARLY RETIREMENT ................................................................................... 30 

Section 4.4 - DISABILITY RETIREMENT .......................................................................... 30 

Section 4.5- PRE-RETIREMENT DEATH BENEFIT ....................................................... 31 

Section 4.6 - POST-RETIREMENT DEATH BENEFIT. ................................................... 33 

Section 4.7- PAYMENT OF PRE-RETIREMENT DEATH BENEFITS ........................ 34 

Section 4.8 - DESIGNATION OF BENEFICIARY ............................................................. 34 

Section 4.9 - PAYMENT TO SURVIVORS ........................................................................ 34 

Section 4.10 - ADJUSTMENTS TO BENEFITS FOR RETIREES ................................. 35 

Section 4.11 - FORFEITURE OF DEATH BENEFIT ........................................................ 36 

Section 4.12-RETROACTIVE ANNUITY STARTING DATE. ........................................ 37 

ARTICLE V-COMMENCEMENT AND DURATION OF BENEFITS ................................ 38 

Section 5.1 - RETIREMENT BENEFITS ............................................................................ 38 

Section 5.2 - OFFSET OF BENEFITS OF FORMER DISABILITY RETIREE .............. 38 

Section 5.3 - SUSPENSION OR LOSS OF BENEFITS ................................................... 39 

Section 5.4-OVERPAYMENTS FROM THE PENSION FUND .................................... 41 

ARTICLE VI-JOINT AND SURVIVOR ANNUITY REQUIREMENTS .............................. 42 

Section 6.1 - QUALIFIED JOINT AND OPTIONAL ANNUITIES .................................... 42 

Section 6.2 - QUALIFIED PRE-RETIREMENT SURVIVOR ANNUITY ......................... 43 

Section 6.3 -NOTICE REQUIREMENTS .......................................................................... 44 

Section 6.4 - CASH OUT PROVISION .............................................................................. .46 

Section 6.5- ELIGIBLE ROLLOVER. ................................................................................ .47 

ARTICLE VII-MAXIMUM BENEFIT LIMITATION .............................................................. 50 

Section 7 .1 - GENERAL LIMITATION RULE ..................................................................... 50 

ARTICLE VIII-NON-ALIENATION OF BENEFITS ............................................................ 51 

Section 8.1 - NON-ALIENATION OF BENEFITS .............................................................. 51 

Section 8.2 - DEDUCTION FOR RETIREE MEDICAL COVERAGE. ............................ 51 

ARTICLE IX-CONTRIBUTIONS AND FUNDING ............................................................... 52 

Section 9.1 - CONTRIBUTIONS & FUNDING ................................................................... 52 

Section 9.2 - ANTI CUT-BACK OF BENEFITS ................................................................. 52 

Section 9.3 - RECIPROCITY AGREEMENT ..................................................................... 53 

ARTICLE X-AMENDMENT AND DURATION OF PLAN .................................................. 54 

Section 10.1 - RIGHT TO AMEND AND/OR TERMINATE. ............................................. 54 

Section 10.2 - TAX QUALIFICATION .................................................................................. 54 

Section 10.3 - DURATION ..................................................................................................... 54 

Section 10.4 - ADDITIONAL RIGHTS OF THE BOARD OF TRUSTEES ..................... 54 

ARTICLE XI-TERMINATION ................................................................................................. 55 

Section 11.1 - CONTINUATION OF PLAN ........................................................................ 55 

Section 11.2 - TERMINATION OR PARTIAL TERMINATION ........................................ 55 

ARTICLE XII-REQUIRED MINIMUM DISTRIBUTIONS .................................................... 57 

LAB265_00115
Section 12.1 - REQUIRED BEGINNING DATE. ............................................................... 57 

Section 12.2 - DEATH OF PARTICIPANT BEFORE DISTRIBUTIONS BEGIN .......... 57 

Section 12.3 - FORM OF DISTRIBUTION ......................................................................... 58 

Section 12.4- GENERAL ANNUITY REQUIREMENTS .................................................. 58 

Section 12.5- AMOUNT REQUIRED TO BE DISTRIBUTED BY REQUIRED 

BEGINNING. DATE ................................................................................................................. 59 

Section 12.6 - ADDITIONAL ACCRUALS AFTER FIRST DISTRIBUTION CALENDAR 

YEAR ........................................................................................................................................ 59 

Section 12.7-JOINT LIFE ANNUITIES WHERE THE BENEFICIARY IS NOT THE 

PARTICIPANT'S SPOUSE .............................................................................. ; ..................... 60 

Section 12.8- PERIOD CERTAIN ANNUITIES ................................................................ 60 

Section 12.9 - PARTICIPANT SURVIVED BY DESIGNATED BENEFICIARY ............ 61 

Section 12.10 - NO DESIGNATED BENEFICIARY .......................................................... 61 

Section 12.11 - DEATH OF SURVIVING SPOUSE BEFORE DISTRIBUTIONS TO 

SURVIVING SPOUSE BEGIN .............................................................................................. 61 

Section 12.12 - LIFE EXPECTANCY .................................................................................. 62 

ARTICLE XIII-ADMINISTRATION ........................................................................................ 63 

Section 13.1 - ADMINISTRATION BY TRUSTEES .......................................................... 63 

Section 13.2-TRUSTEE OBLIGATION ............................................................................. 63 

Section 13.3 - TRUSTEE POWERS ................................................................................... 63 

ARTICLE XIV-MISCELLANEOUS ...................................................................................... .. 66 

Section 14.1 - EMPLOYEE INFORMATION ...................................................................... 66 

Section 14.2- EMPLOYEE RIGHTS ..................................... .................................... ......... 66 

Section 14.3 - CONTRACT OF EMPLOYMENT ............................................................... 66 

Section 14.4- EMPLOYER/EMPLOYEE RELATIONSHIP ............................................. 66 

Section 14.5 - CLAIMS AND APPEALS PROCEDURE. .......... ....................................... 66 

Section 14.6 - ACTIONS OF THE TRUSTEES ................................................................. 68 

Section 14.7- PERIODIC ACTUARIAL CALCULATION ................................................. 69 

Section 14.8 - INCOMPETENCE OF PENSIONER. ........................................................ 69 

Section 14.9 - BENEFIT PAYMENTS REVERT TO FUND ............................................. 69 

Section 14.10 - MERGER OR CONSOLIDATION ............................................................ 70 

Section 14.11 - PROSPECTIVE OPERATION ................................................................. 70 

Section 14.12- UNIFORMED SERVICES EMPLOYMENT AND RE-EMPLOYMENT 

RIGHTS ACT ........................................................................................................................... 70 

Section 14.13 -ASSETS AND LIABILITIES ...................................................................... 72 

Section 14.14 - NON-REVERSION .............. ....... : ............................................................... 72 

Section 14.15 - EMPLOYER LIABILITY ............................................................................. 72 

ARTICLE XV-EMPLOYER WITHDRAWAL LIABILITY .................................................... 73 

Section 15.1 -COMPLETE WITHDRAWAL DEFINED .................................................... 73 

Section 15.2-PARTIAL WITHDRAWAL DEFINED ......................................................... 73 

Section 15.3- CALCULATION OF WITHDRAWAL LIABILITY ...................... , ............... 74 

Section 15.4- DE MINIMIS REDUCTION OF WITHDRAWAL LIABILITY ................... 78 

Section 15.5 - ACTUARIAL ASSUMPTIONS .................................................................... 78 

Section 15.6 - PAYMENT OF WITHDRAWAL LIABILITY ............................................... 78 

Section 15.7-RESOLUTION OF DISPUTES ................................................................... 81 

Section 15.8- FURNISHING INFORMATION TO EMPLOYERS .................................. 81 

Section 15.9- MISCELLANEOUS ...................................................................... ................. 82 

LAB265_00116
LABORERS LOCAL NO. 265 PENSION PLAN 

AS 

RESTATED AND AMENDED 

This Restated and Amended Pension Plan is hereby updated as of JANUARY 1, 

2015, in accordance with the powers granted to the undersigned Trustees in the 

LABORERS LOCAL NO. 265 PENSION FUND RESTATED AGREEMENT AND 

DECLARATION OF TRUST, effective November 1, 1976. 

On November 7, 1969, the then Trustees of the LABORERS LOCAL NO. 265 PENSION 

FUND, pursuant to the Agreement and Declaration of Trust effective January 21, 1969, 

adopted a certain Plan which provided pension benefits to eligible Employees. 

PREAMBLE 

The purpose of the Plan is to provide pension benefits of all Employees and 

Beneficiaries (as defined herein) who satisfy the requirements respecting eligibility 

contained in the Plan. This Plan is intended to consolidate and update the Plan, with all 

amendments thereto, into one document to comply with all applicable laws, and is 

further intended to meet the applicable requirements of the Internal Revenue Code of 

1986, the Employee Retirement Income Security Act of 1974, and all amendments and 

additions thereto. 

The Predecessor Plan be and hereby is superseded by this Agreement, which revises, 

amends, restates and replaces the Predecessor Plan effective on January 1, 2015. 

Certain amendments are now incorporated in this restatement (i.e., principally those 

made to comply with certain requirements of the Pension Protection Act of 2006 (PPA), 

the final Section 415 regulations of the Internal Revenue Code, the Heroes Earnings 

Assistance and Relief Tax Act, the Worker, Retiree, and Employer Recovery Act, the 

United States v. Windsor decision and other applicable rules and regulations). 

Except as specifically provided herein, or as subsequently provided by the Trustees, 

anything in this Agreement to .the contrary notwithstanding, the rights of any Employee 

under the Predecessor Plan who has retired or otherwise left Covered Employment prior 

to the effective date of this Agreement shall be totally inapplicable to such Employees, 

except for the limited purpose of providing for the continued retention by the Trustees of 

any undistributed interests of such former Employees and the ultimate distribution of 

LAB265_00117
such interests exclusively in accordance with the terms of said Predecessor Plan and 

related trust agreement. 

Except as specifically provided herein, or as subsequently provided by the Trustees, 

anything in this Agreement to the contrary notwithstanding, the replacement of the 

Predecessor Plan by this Plan shall not increase or enhance the Vested interests of 

former Employees under said Predecessor Plan or otherwise entitle such Employees to 

any distribution thereunder. Such replacement shall similarly not result in the reversion 

of any assets held under the terms of the Predecessor Plan or related trust agreement 

into the possession, ownership or control of any contributing Employers thereunder. 

LAB265_00118
ARTICLE I-DEFINITIONS 

Wherever the following terms when used herein, unless the context clearly 

indicates otherwise, shall have the following respective meanings: 

Section 1.1 -ACCRUED BENEFIT. 

"Accrued Benefit" of a Participant shall mean that amount, as determined as of any 

specified date, which is equal to his Normal Retirement benefit computed in accordance 

with Article IV of the Plan, but based on Credited Service and contributions to the given 

date. 

Section 1.2 -ACTUARIAL EQUIVALENT. 

"Actuarial Equivalent" shall mean a benefit as of a given date, which has a value equal to 

the benefit or benefits otherwise payable under this Plan as certified by the Plan 

Actuary. This determination shall be based upon a 7.0% per annum interest rate 

_assumption and the UP-1984 Unisex Mortality Table. 

With respect to any lump sum payment or payment subject to Section 417(e) of the 

Internal Revenue Code, the following rules apply for distributions which commence on or 

after January 1, 2008. The Actuarial Equivalent lump sum value of a benefit shall be 

determined based upon the following interest and mortality assumptions: 

A) The applicable interest rate for a Plan Year shall be the adjusted first, second 

and third segment rates applied under the rules similar to the rules of Section 

430(h)(2)(C) of the Internal Revenue Code for the first full calendar month 

preceding the Plan Year which contains the date of distrib,ution or such other time 

as the Secretary of Treasury may by regulations prescribe. For this purpose, the 

first, second and third segment rates are the first, second and third segment 

rates that would be determined under Section 430(h)(2)(C) of the Internal 

Revenue Code if: 

1) Section 430(h)(2)(D) of the Internal Revenue Code were applied by 

substituting the average yields for the second full calendar month 

preceding the Plan Year which contains the date of distribution or such 

other time as the Secretary of Treasury may by regulation prescribe for 

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

2) Section 430(h)(2)(G)(i)(II} of the Internal Revenue Code were applied 

by substituting "Section 417(e)(3)(A)(ii)(II)" for "Section 

412(b)(5)(B)(ii)(ll)";and 

LAB265_00119
3) The applicable percentage under Section 430(h)(2)(G) of the Internal 

Revenue Code is treated as being 20% in 2008, 40% in 2009, 60% in 

2010 and 80% in 2011. 

B) The Applicable Mortality Table with respect to payments subject to Section 

417(e) of the Internal Revenue Code shall be the mortality table prescribed in 

regulations under Section 417( e) of the Internal Revenue Code for use in the 

Plan Year that contains the date of distribution. 

Section 1.3 - ACTUARY. 

The term "Qualified Actuary" means any individual who has satisfied the standards and 

qualifications as set forth in the regulations of the Joint Board for the Enrollment of 

Actuaries and who has been approved as an enrolled actuary to perform actuarial 

services required under the Employee Retirement Income Security Act of 1974 (ERISA). 

Section 1.4 - ADMINISTRATOR. 

The term "Administrator" as used herein shall mean the Board of Trustees. 

Section 1.5-AGREEMENT AND DECLARATION OF TRUST. 

"Agreement and Declaration of Trust" or "Trust" means the LABORERS LOCAL NO. 

265 RESTATED AGREEMENT AND DECLARATION OF TRUST dated November 18, 

1976, under which this Plan is established, and any amendments or restatements 

thereto. 

Section 1.6 - ALTERNATE PAYEE. 

"Alternate Payee" means a Spouse, former Spouse, child or other dependent of a 

Participant who is recognized by a Domestic Relations Order as having a right to receive 

all, or a portion of, the benefits under this Plan. 

Section 1.7-ANNUITANT. 

The term "Annuitant" means an Employee who is receiving retirement benefits under this 

Plan. 

2 

LAB265_00120
Section 1.8 -ANNUITY STARTING DATE. 

The first day of the first p.eriod for which an amount is paid as an annuity or any other 

form. The Annuity Starting Date for disability benefits shall be the date such benefits 

commence if the disability benefit is not an auxiliary benefit. An auxiliary benefit is a 

disability benefit which does not reduce the benefit payable at Normal Retirement Age. If 

benefit payments in any form are suspended for an Employee who continues in service 

without a separation and who does not receive a benefit payment, the recommencement 

of benefit payments shall be treated as a new Annuity Starting Date. 

Section 1.9-ASSOCIATION. 

"Association" shall mean the Labor Relations Division, Cincinnati Division, Ohio Building 

Chapter, Associated General Contractors of America, Inc., Mason Contractors 

Association, and Plastering and Lathing Contractors Association, as successor 

Associations, and any other associations who may hereinafter become affiliated with this 

Fund. 

Section 1.10 - BENEFICIARY. 

The term "Beneficiary" as used herein shall mean a person designated by a Participant 

or by the terms of the Plan who is or may become entitled to a benefit thereunder. For 

purposes of the Required Minimum Distribution rules, the individual who is designated 

as the Beneficiary under the plan is the designated Beneficiary under Code Section 

401 (a){9) and Treasury Regulation §1.401 (a){9)-1, Q&A-4. 

Section 1.11 - BOARD OF TRUSTEES. 

"Board of Trustees" means the Trustees and their successors, appointed to administer 

the Plan. The Trustees are the Named Fiduciaries for the Plan. 

Section 1.12-COLLECTIVE BARGAINING AGREEMENT. 

"Collective Bargaining Agreement" shall mean any written contract by and between the 

Union and the Employers as defined herein and shall also include any and all extensions 

thereof, renewal or renewals thereof, any amendments or addenda thereto, any assents 

to participation, and any subsequent collective bargaining agreements, which provide 

3 

LAB265_00121
pension contributions to be made to this Plan, Trust and Fund as presently existing or as 

hereafter amended. 

Section 1.13-CONSULTANT. 

The term "Consultant" as used herein shall mean any person or entity who for 

compensation, advises, represents and provides other assistance to the Trustees 

concerning the operation of the Plan. 

Section 1.14 - CONTRIBUTIONS. 

The term "Contributions" as used herein shall mean the payments required of any 

Employer to the Fund, to include both paid and owed amounts. 

Section 1.15-COVERED EMPLOYMENT. 

"Covered Employment" shall mean employment by an Employee for which such 

Employer has agreed to contribute to the Fund under a written Collective Bargaining 

Agreement with the Union or under ariy other written agreement. Covered employment 

shall include employment with the Union as an Employee of the Union or of the Fund, or 

as an elected or an appointed Official of the Union, insofar as the Union or the Fund 

makes contributions to the Fund with respect to said employment pursuant to an Assent 

of Participation and the Trustees agree to accept such Officer or Employee. Covered 

Employment shall also include a person, represented by or under the jurisdiction of the 

Union, who shall be employed by a Governmental Unit or Agency, in accordance with a 

written agreement, ordinance, resolution, or Assent of Participation. 

Section 1.16 - CREDITED SERVICE. 

"Credited Service" of an Employee are those Hours of Service used to compute the 

following: 

a) Service computed in accordance with Article II hereof to determine 

Employees eligibility for benefits hereunder; 

b) Service on which contributions are owed or received in accordance with 

Article IV to determine the benefit payable. 

4 

LAB265_00122
Section 1.17-CUSTODIAN. 

The term "Custodian" as used herein shall mean one who is officially entrusted with 

guarding and keeping records and documents of the Trust Fund. 

Section 1.18- DOMESTIC RELATIONS ORDER. 

"Domestic Relations Order" means any judgment, decree or order (including approval of 

a property settlement agreement) that: (1) 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; and (2) is made pursuant to a state domestic relations law 

(including a community property law). 

Section 1.19 - ELIGIBILITY FOR PARTICIPATION. 

An Employee must earn 1,000 hours of Credited Service to be eligible for Participation. 

/ 

Section 1.20- EMPLOYEE. 

The term "Employee" shall include: 

a) All the Employees working or available for work in the collective 

bargaining unit and represented for the purpose of collective bargaining by the 

Union who are employed by Employers who are signatory to the Trust 

Agreement or who signify their intention to be bound by this Trust Agreement by 

signing a Collective Bargaining Agreement or an Assent of Participation and by 

making payments into the Fund hereby created. 

b) · Elected or appointed Officer or Employee of the Union, its State Affiliated 

or International Organization, or any Association entering into contractual 

relations with the Union; providing that the Trustees agree to accept such Officer 

or Employee. 

c) A person, represented by or under the jurisdiction of the Union, who shall 

be employed by a Governmental Unit or Agency, and on whose behalf payment 

of contributions shall be made at the times and at the rate of payment equal to 

that paid by an Employer, as defined in Section 1.21 of this Article, in accordance 

with a written agreement, ordinance, resolution, or assent of participation. 

5 

LAB265_00123
The term "Employeen shall not include self-employed persons who are described as 

follows: 

a) a sole proprietor who is a contributing Employer, and the spouse of sole 

proprietor, or 

b) a partner in a contributing Employer, regardless of the size of the 

partnership interest and any spouse of any partner, or 

c) officers or directors of a contributing Corporate Employer, or anyone who, 

alone or with a spouse, owns 51 % or more of the stock of a contributing 

Employer, or 

d) Anyone else whose ownership interest in a contributing Employer would, 

in the opinion of the Trustees jeopardize the tax exempt status of the 

Fund, or violate ERISA. 

Section 1.21- EMPLOYER. 

The term "Employer" means and shall be deemed to include any person, firm, 

association, partnership or corporation employing Employees working in the Collective 

Bargaining Unit of the Union as well as Employers who employed persons represented 

for purposes of collective bargaining by the Union and who signify their intentions to be 

bound by the provisions of the Agreement and Declaration of Trust by signature hereto, 

or by signing an Assent of Participation, and by making payments into the Fund hereby 

created. This section shall also include the Laborers International Union of N.A., Local 

No 265 as an Employer for those Employees working in full time capacities of the Union. 

The term "Employer" as used in this Plan shall be- further deemed to include the Trust 

itself and any Governmental Unit or Agency that agrees to participate • by ordinance, 

resolution, or Assent of Participation. 

Section 1.22 - ERISA. 

The term "ERISA" as used herein shall mean the Employee Retirement Income Security 

Act of 197 4 and any amendments thereto, together with any regulations promulgated 

pursuant to its provisions. 

6 

LAB265_00124
Section 1.23- FIDUCIARY. 

In addition to the Trustees, the term "Fiduciary" shall mean a person who 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; 

who 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 so; or has any discretionary authority or discretionary responsibility in the 

administration of this Plan. 

Section 1.24- FORFEITED SERVICE. 

"Forfeited Service" means the Years of Credited Service otherwise credited to an 

Employee which become forfeited. All Credited ~ervice of a Non-Vested Employee shall 

be forfeited at the time such Employee suffers the greater of consecutive one (1) year 

Breaks in Service equal to or exceeding such Non-Vested Employee's prior Years of 

Credited Service, or five (5) years. In the event Forfeited Service does occur, all 

benefits accrued under the Plan with respect to such Forfeited Service shall also be 

forfeited. If an Employee forfeits Credited Service under this Plan and subsequently 

returns to employment with an Employer, such Employee shall be treated as if he were a 

new Employee first beginning to work with an Employer. If a Participant is a Vested 

Employee, he cannot forfeit Credited Service under this Plan. 

Section 1.25 - HOUR OF SERVICE. 

"Hour of Service" shall mean: 

a) Each hour for which an Employee is paid, or entitled to payment, for the 

performance of duties for the Employer. These hours shall be credited to the 

Employee for the computation period or periods in which the duties are 

performed; and 

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

Employer on account of a period of time during which no duties are performed 

(irrespective of whether the employment relationship has terminated) due to 

vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military 

duty or leave of absence. No more than 501 hours of service shall be credited 

under this paragraph for any single continuous period (whether or not such 

7 

LAB265_00125
period occurs in a single computation period). Hours under this paragraph shall 

be calculated and credited pursuant to section 2530.200b-2 of the Department of 

Labor Regulations which are incorporated herein by this reference; and 

c) As a credit toward vesting, for each hour for which an Employee, formerly 

in covered employment, is paid or entitled to payment for the performance of 

duties as a result of a transfer to other duties by his signatory Employer, which 

duties are not considered as covered employment. 

d) Each hour for which back pay, irrespective of mitigation of damages, is 

either awarded or agreed to by the Employer. The same hours of service shall 

not be credited both under paragraph (a) or (b), as the case may be, and under 

this paragraph (d}. These hours shall be credited to the Employee for the 

computation period or periods to which the award or agreement pertains rather 

than the computation period in which the award, agreement or payment is made, 

e) Where the Employer maintains the plan of a predecessor Employer, 

service for such predecessor Employer shall be treated as service for the 

Employer. 

f) As a credit towards vesting, for each hour for which an Employee, 

formerly in covered employment, is paid or entitled to payment for the continued 

performance of duties for his signatory Employer, whether or not such duties are 

considered as covered employment or management duties, as a result of a 

change in status from that of an Employee of said signatory Employer to that of 

management of said signatory Employer, for which such status change results in 

the inability to have contributions paid on his behalf. 

g) In the event an Employee is on military leave while the Employee's reemployment rights are protected by law, the Employee will receive credit for 

Hours of Service to the extent required by Section 414{u) of the Internal Revenue 

Code. 

h) In addition, solely for the purpose of vesting and determining whether a Break 

in Service has occurred, the Plan shall credit Hours of Service to the extent 

required by the Family and Medical Leave Act of 1993. 

Section 1.26- INVESTMENT MANAGER. 

"Investment Manager'' means any person, firm or corporation who has been appointed 

by the Trustees as such and has evidenced acknowledgment and acceptance of such 

8 

LAB265_00126
appointment by a document signed in writing and returned to the Trustees and who is 

registered as an Investment Advisor under the Investment Advisor's Act of 1940; is a 

Bank as defined in that Act; or is an Insurance Company qualified under the laws of 

more than one State to have the power to manage, acquire or dispose of the assets of 

Trust Funds such as this Fund. 

Section 1.27-JOINT AND SURVIVOR SPOUSE ANNUITY. 

"Joint and Survivor Spouse Annuity" shall be that annuity as determined herein which is 

payable to the Retiree for so long as he lives and then to his surviving Spouse so long 

as she lives. 

Section 1.28 - NAMED FIDUCIARIES. 

The Board of Trustees as designated in Section 3.1 of the Restated Agreement and 

Declaration of Trust shall constitute the Named Fiduciaries of the Trust, and jointly shall 

have authority to control and manage the operation and administration of the Pension 

Plan. 

Section 1.29 - NON-VESTED EMPLOYEE. 

"Non-Vested Employee" shall mean a Participant who has not yet met the vesting 

standards of the Plan and earned a non-forfeitable right to a pension benefit at Normal 

Retirement Age. 

Section 1.30-NORMAL RETIREMENT AGE. 

"Normal Retirement Age" shall mean from and after the Participant's sixty-second (62nd) 

birthday. 

Section 1.31-ONE YEAR BREAK IN SERVICE. 

"One Year Break in Service" means any Plan Year during which an Employee has not 

completed one (1) Hour of Service. 

9 

LAB265_00127
Section 1.32 - PARTICIPANT. 

' 

The term "Participant" as used herein shall mean any Employee or former Employee of 

an Employer who is eligible to receive a benefit of any type from the Fund or whose 

beneficiaries may be eligible to receive any such benefit. 

a) Prior to November 1, 1999, an Employee became a Participant in the Plan by 

completing one (1) Hour of Service. 

b) On and after November 1, 1999, an Employee will become a Participant in the 

Plan on the first day of the month following the completion of 1,000 Hours of 

Service. 

Section 1.33- PARTY IN INTEREST. 

The term "Party in Interest" as used herein shall mean such persons as are described in 

ERISA. 

Section 1.34 - PLAN. 

"Plan" means the Laborers' Local No. 265 Pension Plan. 

Section 1.35 - PLAN YEAR. 

"Plan Year" means a twelve (12) consecutive month period beginning on November 1 

and ending on October 31. 

Section 1.36- PROFESSIONAL ADMINISTRATOR. 

The term "Professional Administrator" as used herein shall mean that person or 

company retained by the Board of Trustees to carry out the ministerial functions of the 

Plan and such other activities as may be requested by the Board of Trustees. 

Section 1.37 - QUALIFIED DOMESTIC RELATIONS ORDER. 

"Qualified Domestic Relations Order'' means any Domestic Relations Order which has 

been determined by the Trustees in accordance with procedures established under the 

Plan to constitute a Qualified Domestic Relations Order within the meaning of Section 

10 

LAB265_00128
414(p) of the Code, or any successor thereto, or is a Domestic Relations Order entered 

into before January 1, 1985 which satisfies the requirements of Internal Revenue 

Service Revenue Ruling 80-27. 

Section 1.38 - QUALIFIED ELECTION. 

A "Qualified Election" is the process by which a Participant completes a waiver of a 

Qualified Joint and Survivor Annuity or a Qualified Pre-Retirement Survivor Annuity. 

Such waiver shall not be effective unless: a) the Participant's Spouse consents in writing 

to the election; b) the election designates a specific alternate Beneficiary, including any 

class of beneficiaries or any contingent beneficiaries, which may not be changed without 

spousal consent ( or the Spouse expressly permits designations by the Participant 

without further spousal consent; c) the Spouse's .consent acknowledges the effect of the 

election; and d) the Spouse's consent is witnessed by a plan representative or notary 

public. Additionally, a Participant's waiver of the Qualified Joint and Survivor Annuity will 

not be effective unless the election designates a form of benefit payment which may not 

be changed without spousal consent (or the Spouse expressly permits designations by 

the Participant without any further spousal consent). If it is established to the satisfaction 

of a plan representative that such written consent may not be obtained because there is 

no Spouse or the Spouse cannot be located, a waiver will be deemed a Qualified 

Election. 

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 consent that permits 

designations by the Participant without any requirement of further consent by such 

Spouse must acknowledge that the Spouse has the right to limit consent to a specific 

Beneficiary, and a specific form of benefit where applicable, and that the Spouse 

voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver 

may be made by a Participant without the consent of the Spouse at any time prior to the 

commencement of benefits. The number of revocations shall not be limited. No consent 

obtained under this provision shall be valid unless the Participant has received notice as 

provided in Article VI below. 

11 

LAB265_00129
Section 1.39 - RETIREMENT. 

The term "Retirement" shall mean that the Participant has withdrawn from employment 

in the industry, and is no longer available for work in any of the job classifications as set 

forth in the Collective Bargaining Agreement of the Union. For purposes of clarification, 

a Participant shall not be considered as retired if he returns to employment in the 

construction ind1:1stry within sixty (60) days from the effective date of his retirement 

pursuant to his retirement application. 

Section 1.40 - SPOUSE. 

"Spouse" means a person to whom a Participant is legally married. Whether a marriage 

is legal shall be determined by federal law and shall include a same-sex Spouse where 

the Participant and Spouse were legally married in a state that recognizes same-sex 

marriages. A Spouse may also be a former Spouse designated as a Surviving Spouse 

by the terms of a valid Qualified Domestic Relations Order. A former Spouse will be 

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

the Spouse or surviving Spouse to the extent provided under a Qualified Domestic 

Relations Order as described in.Section 414(p) of the Code. 

Section 1.41 -TRUST FUND. 

The term "Trust Fund" shall mean the LABORERS LOCAL NO. 265 PENSION FUND 

established pursuant to the terms of the Agreement and Declaration of Trust as 

described herein. It shall include but not be limited to all funds received in the form of 

contributions (both paid and required to be paid), together with all contracts, including 

dividends, interests, refunds, transfers of fund under reciprocity, and any other sums 

payable to the Trustees on account of such contracts, all investments made and held by 

the Trustees, all income, increments, earnings and profits therefrom, and any and all 

other property of funds received a~d held by the Trustees by reason of their acceptance 

of this Agreement and Declaration of Trust. 

Section 1.42- UNION. 

"Union" as used in this Plan means the Laborers International Union of North America, 

Local No. 265. 

12 

LAB265_00130
Section 1.43-VESTED. 

The term Vested shall mean that the Participant shall have a non-forfeitable right to 

Pension benefits under either of the following, subject to "Break in Service" rules: 

a) For Participants represented by the Collective Bargaining Unit of the Union, 

i) the accumulation of ten (10) Years of Credited Service as defined 

herein, or 

ii) effective November 1, 1996, the accumulation of five (5) Years of 

Credited Service, provided that at least one (1) Hour of Service 

has been credited subsequent to October 31, 1996, or 

iii) for active Participants who have not accumulated five (5) Years of 

Credited Service, the later of the attainment of Normal Retirement 

Age or the fifth (5th) anniversary of the time he commenced 

participation in the Plan. 

b) For Participants not represented by the Collective Bargaining Unit of the 

Union, 

i) the accumulation of five (5) Years of Credited Service, provided 

that at least one (1) Hour of Service has been credited 

subsequent to October 31, 1989, or 

ii) the later of the attainment of Normal Retirement Age or the fifth 

(5th) anniversary of the time he commenced participation in the 

Plan. 

Section 1.44 - VESTING SERVICE. 

"Vesting Service" means Credited Service as defined in Article II. 

Section 1.45 - YEAR OF SERVICE. 

"Year of Service" shall mean the same as a year of Credited Service in Article II. 

13 

LAB265_00131
ARTICLE II-CREDITED SERVICE 

Section 2.1 - CREDITED SERVICE. 

The Credited Service of an Employee is used to determine eligibility for benefits and 

shall be computed in accordance with the following schedule: 

a) Credited Service Prior to November 1. 1968. It is recognized that it may 

be difficult or impossible for an Employee to obtain verification of his employment 

in years prior to November .1, 1968, due to the fact that he may have worked for 

a great number of Employers, many of whom are no longer in existence and 

many of whom are no longer doing business in the jurisdictional area of the 

Union. Therefore, subject to conditions of Section 2.1 (a) (i) hereof, an Employee 

shall be given credit for service prior to November 1, 1968, with a maximum 

credit limited to a period of twenty (20) years, in years or fractions of a year 

computed to the nearest one-tenth (1110th

) of a year during which he had 

consecutive continuous membership in the Union; provided, however, that such 

an Employee who had employment with an Employer in the Collective Bargaining 

Unit represented by the Union prior to his last continuous date of Union 

membership or an Employee who is not a member of the Union, shall be given 

credit for such service on the basis of one (1) year for each one thousand (1000) 

hours worked in a calendar year or one-tenth (1110th) of year for each one 

hundred (100) hours worked if less than one thousand (1000). 

i} except as provided in Sections 3.4 and 3.5, Credited Service prior 

to November 1, 1968, shall not be granted to any Employee who fails to 

have contributions on his behalf for at least one thousand (1000) hours 

worked subsequent to November 1, 1968. 

b) Credited Service from November 1. 1968 to October 31 . 1976. For each 

Plan Year beginning on or after November 1, 1968, an Employee shall accrue 

one (1) year of Credited Service if contributions have been made on his behalf to 

the Trust Fund for one thousand (1,000} or more hours. If contributions have 

been made for less than one thousand (1,000) hours, he shall be credited with 

one-tenth (1110th) of a year for each one hundred (100) such hours. 

14 

LAB265_00132
c) Credited Service After November 1, 1976. For each Plan Year beginning on 

or after November 1, 1976, an Employee shall accrue one (1) year of 

Credited Service if he completes one thousand (1,000) or more Hours of 

Service in such Plan Year. If he completes less than one thousand (1,000) 

Hours of Service he shall be credited with one-tenth (1110th) of a year for 

each one hundred (100) such hours. 

d) Notwithstanding any provision of this · Plan to the contrary, contributions, 

benefits and service credit with respect to qualified military service will be 

provided in accordance with Section 414( u) of the Internal Revenue Code 

and the Uniformed Services Employment and Re-employment Rights Act 

(USERRA). 

Section 2.2 - BREAK IN SERVICE. 

The continuity of Covered Employment shall be considered an essential element under 

this Plan. The continuity of Covered Employment shall be considered broken and 

except for Vested Participants and further except for grace periods defined below, all 

previously accumulated Years of Credited Service and pension credits shall be forfeited 

if an Employee is charged with a number of consecutive one-year Breaks in Services 

exceeding the greater of: five (5) or the aggregate number of years of service before 

such Breaks in Service. 

Section 2.3 - GRACE PERIOD FOR COVERED EMPLOYMENT. 

It shall not be considered a Break in Service and an Employee shall be granted a Grace 

Period if his failure to earn any pension credits in any period of time equivalent to the 

period as set forth in Section 2.3 hereof is due to the following: 

a) An individual who is absent from work for maternity or paternity reasons shall 

receive credit for one (1) Hour of Service for each hour of employment which 

would otherwise have been credited to such individual but for such absence. For 

purposes of this paragraph, an absence from work for maternity and paternity 

reasons means an absence (1) by reason of the pregnancy of the individual, (2) 

15 

LAB265_00133
by reason of a birth of a child to an individual, (3) by reason of the placement of a 

child with the individual in connection with the adoption of such child by such 

individuc'.1I, or ( 4) for purposes of caring for such child for a period beginning 

immediately following such birth or placement. The Hours of Service credited 

under this paragraph shall be credited: (1) in the computation period in which the 

absence begins if the crediting is necessary to prevent a Break in Service in that 

period, or (2) in all other cases, in the following computation period. No more 

than one (1) hour is required to be credited to a Participant pursuant to this 

paragraph to prevent a Break in Service. 

b) Total disability, in which case a Grace Period of up to three (3) years will 

be allowed during the continuance of such disability, but in the case of a 

Pensioner receiving Disability Retirement benefits, the Grace Period shall not be 

granted for any less than that period of time for which he is receiving such 

disability pension. Total disability for the purpose of this Section of the Plan is to 

be determined in the sole satisfaction of the Trustees. In order to secure the 

benefit of the disability Grace Period, an Employee must give written notice to the 

Trustees that he is disabled. No Grace Period shall be granted for any period 

prior to one ( 1) year preceding the receipt of such written notice, unless the 

Trustees find there are extenuating circumstances which prevent timely filing. 

c) Military service in the Armed Forces of the United States, in which case a 

Grace Period shall be granted for the entire time the Employee was engaged in 

such military service, provided he makes himself available for work in covered 

employment within ninety (90) days after separation from active service in the 

Armed Forces, or within ninety (90) days after recovery from a disability incurred 

during military service. 

d) After the last contribution date, the promotion of an Employee by an 

Employer to an employment category not covered by the Collective Bargaining 

Agreement in effect between the Employer and the Union, or an Employee's 

acceptance of full time employment with the local Union, the International or 

other Employer approved by the Trustees, in which cases a Grace Period for the 

entire length of such employment will be granted. In order to secure the benefit 

16 

LAB265_00134
of a grace period an application in writing must be submitted to the Trustees 

within twenty-four (24) months after the date that the Employee leaves Covered 

Employment. 

e) For purposes of determining whether a Break in Service has occurred, 

periods during which an Employee is absent from work due to an Approved 

Leave of Absence granted by the Trustees shall not be considered a Break in 

Service during such periods. 

Approved Leave of Absence means any absence authorized by the Trustees, provided 

that all persons under similar circumstances must be treated alike in the granting of such 

approved Leave of Absence, and provided further that the Employee retires or returns to 

work within the period specified in the Approved Leave of Absence. 

The exceptions noted in (a)-(e) of this Section are not intended to add to the pension 

credits of any Employee. They are merely intended to set forth a period which may be 

disregarded in determination of whether a break in Covered Employment has occurred. 

17 

LAB265_00135
ARTICLE Ill-ELIGIBILITY FOR BENEFITS 

Section 3.1 - NORMAL RETIREMENT. 

An Employee who is a Vested Participant in the Plan shall have a non-forfeitable right to 

retirement benefits, and shall be entitled to retire on the later of the attainment of his 

Normal Retirement Age or the fifth (5th) anniversary of the time he commenced 

participation in the Plan. His date of retirement shall be on or after the first day of the 

month next following the date upon which written application for retirement is filed with 

the Trustees or their authorized agent, accompanied with satisfactory evidence of his 

date of birth. This Section shall entitle the Employee to Normal Retirement benefits as 

provided in Section 4.1 hereunder. 

Section 3.2 - EARLY RETIREMENT. 

a) Retirement at age 55 years or later with ten (10) or more Years of Credited 

Service in the Plan - Reduced Benefits. On and after November 1, 1983, an 

Employee in the Plan shall be entitled to retire on the first (1 st) day of the month 

following the later of the attainment of age 55 years, and the completion of ten 

(10) or more Years of Credited Service in the Plan, (at least 1,000 hours of which 

participation shall be Credited Future Service as defined in the Plan), but who 

has not as yet attained his Normal Retirement Age. This Section shall entitle the 

Employee to Early Retirement benefits as provided in Section 4.2 hereunder. 

b) Retirement at age 60 years or later, with thirty (30) Years of Credited Service, in 

the Plan. On and after February 1, 1995, a Participant shall be entitled to retire 

on the first (1 st) day of the month following the attainment of age 60 years or later 

and the completion of 30 or more Years of Credited Service in the Plan, at least 

1,000 hours of which shall be Credited Future Service, but who has not as yet 

attained his normal age of retirement. 

c) Retirement at age 58 years or later, with 30 Years of Credited Service in the 

Plan. On and after February 1, 1996, a Participant shall be entitled to retire on 

the first (1 st) day of the month following the attainment of age 58 years or later 

and the completion of 30 or more Years of Credited Service in the Plan, at least 

18 

LAB265_00136
1,000 hours of which shall be Credited Future Service, but who has not as yet 

attained his normal age of retirement. 

d) Retirement at age 55 years or later with 30 Years of Credited Service in the Plan. 

On and after November 1, 1998, a Participant shall be entitled to retire on the 

first (1 st) day of the month following the attainment of age 55 years or later and 

the completion of 30 or more Years of Credited Service in the Plan, at least 1,000 

hours which shall be Credited Future Service, but who has not as yet attained 

Normal Retirement Age. 

e) Retirement at age 55 years or later, with five (5) or more Years of Credited 

Service in the Plan - Reduced Benefits. On and after August 1, 2000, an 

Employee in the Plan who has not as yet attained his retirement age, shall be 

entitled to retire on the first (1 st) day of the month following the later of the 

attainment of age 55 years, and the completion of five (5) or more Years of 

Credited Service in the Plan, (at least 1,000 hours of which participation shall be 

Credited Future Service as defined in the Plan, and at least one (1) Hour of 

Service shall be Credited .Future Service as defined in the Plan, and at least one 

(1) Hour of Service shall have been credited subsequent to October 31, 1996). 

This Section shall entitle the Employee to Early Retirement benefits as provided 

in Section 4.2 hereunder. 

A Participant retiring under this Subsection (e) shall be subject to the suspension 

or loss of benefit provisions of the Plan as they apply to Early Retirement as set 

forth in Section 5.3(b) of the Plan. 

f) Retirement at age 55 years or later with 30 Years of Credited Service in the Plan. 

On or after July 1, 2002, a Participant shall be entitled to retire on the first (1 st) 

day of the month following the attainment of age 55 years or later and the 

completion of 30 or more Years of Credited Service in this Plan or when 

combined with Credited Service in the companion Laborers Ohio State Pension 

Fund, at least 1,000 hours of which shall be Credited Future Service in this Plan. 

19 

LAB265_00137
A Participant retiring under sub-sections (b), (c), (d) and (f) a.bove for Early Retirement 

shall be subject to the suspension or loss of benefit provisions of the Plan as they apply 

to Normal Retirement under Section 5.3 (c) and not for suspension or loss of benefits 

under Early Retirement as set forth in Section 5.3 (b) of the Plan. Further, Participants 

retiring under sub-subsections (b), (c), (d) and (f) above shall be entitled to Early 

Retirement as provided in Section 4.1 hereunder and shall not be reduced by the 

provisions of Section 4.3 hereunder. 

Section 3.3 - DISABILITY RETIREMENT. 

An Employee, who while an active Participant in the trade by having contributions made 

on his behalf to this Fund from local contributing Employers, or to a companion laborer's 

Pension Fund affiliated with the International Laborers Union of North America and/or 

Laborers Local 265 Pension Fund, for hours worked within the 24-month period 

immediately previous to date of disability, and who permanently and totally disabled prior 

to normal retirement, shall be entitled to retire and to be eligible for disability benefits as 

provided in subsections (a) or (b) hereunder. 

a) Total Employment Disability with Full Benefits. An Employee shall be deemed to 

be permanently and totally disabled only if a determination has been made by the 

Social Security Administration of Medical Disability in connection with Old Age 

and Survivors Insurance Coverage. If the applicant is not eligible for Social 

Security determination, because sufficient qualifying quarters have not been 

worked under the Social Security System, the Trustees may, at their sole 

discretion, make a determination of the disability based upon verified medical 

proofs of such disability provided by the applicant. An Employee eligible for· 

Disability Retirement under this section shall be entitled to retire and be eligible 

for disability benefits as provided in Section 4.4 of the Plan. 

b) Total Trade Disability with Reduced Benefits. An Employee shall be deemed to 

be permanently and totally disabled from the trade if a determination has been 

made by the Social Security Administration of Medical Disability in connection 

with Old Age and Survivors Insurance Coverage, that said person is totally and • 

permanently unable, as a result of bodily injury or disease, to engage in any of 

the work related classifications of covered employment under any Collective 

20 

LAB265_00138
Bargaining Agreement associated with the International Laborers Local Union 

No. 265, or in any work related areas affiliated or associated with the laborers 

trade. If the applicant is not eligible for Social Security determination, because 

sufficient qualifying quarters have been worked under the Social Security 

System, or if the Social Security denial letter is not specific regarding disability 

from the trade, the Trustees may, at their sole discretion, make a determination 

of the disability based upon verified medical proofs of such disability provided by 

the applicant. At least one doctor's report verifying the disability must be part of 

the disability application. An Employee eligible for disability retirement under this 

section shall be entitled to retire and be eligible for Disability Retirement benefits 

as provided in Section 4.4 of the Plan. 

c) Medical Certification. The Board of Trustees may require an Employee applying 

for any type of disability benefit to submit to an independent examination by a 

physician or physicians selected by the Trustees, and may be required to submit 

to reexaminations periodically as the Board of Trustees may direct. The Board of 

Trustees shall be the sole ju,dge of total and permanent disability or of total and 

permanent disability from the trade and of the entitlement · to a Disability 

Retirement benefit hereunder based upon findings by the Social Security 

Administration as set forth above or, in the alternative, by another medical board 

as set forth above if required. Upon conversion to Normal Retirement, a former 

Participant receiving the Disability Retirement Benefit shall not be required to 

submit to continuing proof of disability. 

d) Coordination with Early Retirement. As to either Section a) or b) above, if a 

Participant or former Participant has applied for Disability Retirement Benefits but 

is also eligible for Early Retirement benefits, such person may elect to have the 

Early Retirement Benefit commence as provided in Section 3.2. In such event, if 

the Participant or former Participant is subsequently determined to be eligible for 

the Disability Retirement Benefit if rules are met, and the effective date of the 

disability is prior to the Early Retirement date, his or her future monthly retirement 

benefit shall be adjusted to reflect the amount of the Disability Retirement 

Benefit, and a lump sum payment equal to the product of (a) the difference 

between the monthly amount of the Disability Retirement Benefit and the Early 

21 

LAB265_00139
Retirement Benefit and (b) the number of months for which the Early Retirement 

Benefit was paid, shall either be paid to such person or offset against future 

benefits. This lump sum payment shall also include a disability retirement benefit 

retroactive to the effective date for payments of a disability retirement benefit up 

to the date of commencement of the early retirement benefit. 

i) Effective February 26, 2010, no lump sum payments shall be available 

from the Plan. 

Any Participant receiving a Total Trade Disability with reduced benefits in 

accordance with this section, shall be allowed to convert said disability to a Total 

Employment Disability as set forth in sub-section a above, upon proof of eligibility 

for such total and permanent disability with full benefits. However, any 

subsequent finding of total and permanent disability to allow for such conversion 

from a Total Trade Disability must be based on a date of disability prior to the 

determination of date of disability from the trade only. 

Notwithstanding the above, any Participant who has elected Early Retirement 

and who subsequently becomes disabled, shall not be entitled to a Disability 

Retirement benefit. 

e) Commencement of Benefits. Upon approval of the application for benefits, the 

payment of the disability benefits will begin as of the first day of the month 

following the month of payment under a Social Security determination, or the first 

day of the mo,nth, six (6) months subsequent to the disability, or as determined I 

by the Trustees' based on all of the medical evidence presented. 

f) Date of Disability. The date of disability shall be determined to have occurred on 

the date determined by the Social Security Administration. If a Disability Benefit 

is based upon any other medical board approved by the Board of Trustees, or a 

dispute arises as to the disability date established by the Social Security 

Administration, the Trustees can determine the onset of disability based upon 

substantial and creditable evidence, of which the Tru~tees shall be the sole 

judge, that the disability condition that led to the person's total and permanent 

disability first started no later than 24 months after the last contributions received 

22 

LAB265_00140
on behalf of said applicant as stated in this section, the disabling condition was 

continuous from the time it first occurred, although it might have varied in 

intensity, until it resulted in the person's total and permanent disability and no 

other disabling conditions started or occurred after the 24 month period of the 

last contributions received on the behalf of the applicant which substantially 

contributed to the person's total and permanent disability. 

g) Cessation of Total and Permanent Disability. As to Section a) and b) above, any 

Employee retiring under this disability pension provision as outlined above, who 

subsequently ceases to be totally and permanently disabled as outlined above, 

or disabled from the trade as outlined above, may then return to covered 

employment and thereby resume the accrual of pension credits as outlined in 

Article II of this Plan or may apply for an Early Retirement Benefit, as provided by 

the Plan in which case the Early Retirement Benefit shall become payable for the 

month immediately following the month of which the Disability Retirement Benefit 

terminates. Said disability benefits will terminate upon cessation of total and 

permanent disability. 

h) Cessation of Disability Payment. The Disability Retirement Benefit shall cease 

with the payment due for the month immediately preceding the former 

Participant's Normal Retirement Date, as of which he or she shall be deemed 

eligible for the Normal Retirement Benefit. 

i) At Normal Retirement at the Participants Normal Retirement Age, as of which 

he or she shall be deemed eligible for Normal Retirement benefits, said 

disability benefits being received will be converted to a joint and survivor 

benefit, if the Participant is married, unless said joint and survivor option is 

waived by the surviving spouse. 

ii) Upon the death of the Participant prior to Normal Retirement Age, the 

disability benefits being received will be converted to a qualified preretirement death benefit, for any benefits still payable, or to a 100% qualified 

pre-retirement survivor annuity under Section 4.5 of the Plan. 

23 

LAB265_00141
i) Earnings by a Disability Pensioner - Suspension of Benefits. 

i) For those rece,vrng a disability pension under subsection a) - Total 

Employment Disability with Full Benefits. A disability pensioner shall not be 

entitled to receive a monthly disability payment for any month during which he 

earns more than that amount allowed to be earned under Social Security 

Regulations. A disability pensioner shall report any and all earnings from any 

employment in excess of that amount allowed under Social Security to the 

office of the Pension Fund, in writing, within fifteen (15) days after the end of 

each quarter in which he had such earnings. If a disability pensioner fails to 

make such timely reports as required by this section, he shall be disqualified 

for benefits for twelve (12) months in addition to the duration of such 

employment for such violation. 

ii) For those receiving a disability pension under subsection b) - Total Trade 

Disability with Reduced Benefits. A disability pensioner who is receiving 

disability payments in accordance with Section b) above shall not be entitled 

to receive a monthly disability payment for any month during which he works 

any hours in any of the work related classifications of covered employment 

under any Collective Bargaining Agreement affiliated or associated with the 

International Laborers Union of North America Local 265 or generates any 

contributions into any Pension Fund affiliated or associated with the 

International Laborers Union of North America or in any of the work related 

classifications of covered employment under the jurisdiction of the 

Construction and/or Building Trades. A disability pensioner shall report to 

the office of the Pension Fund, in writing, of his intention to resume 

employment for the purpose of suspending his disability benefits. In the 

absence of prior written approval, a disability pensioner shall report any and 

all earnings from any employment of related classification of covered 

employment under the collective bargaining agreement at all to the office of 

the Pension Fund, in writing, within fifteen (15) days after the end of each 

quarter in which he has such earning. If a disability pension fails to notify the 

Pension Fund office or to make such timely reports as required by this 

24 

LAB265_00142
Section, he shall incur the following penalties: pension benefits are 

suspended for the duration of any period of employment set forth herein; 

he shall be permanently disqualified and ineligible for any further disability 

benefits under Section b) above; and said pensioner shall repay all disability 

benefits paid during any period in which he was employed during the period 

of suspension of benefits. 

The repayment of any disability benefits shall occur within thirty days after 

notice by the Fund Office. Failure to repay said disability benefits in a timely 

fashion will result, where appropriate, in a deduction of the actuarial 

equivalent of said repayment from any pension which may subsequent 

thereto become due and payable to or on behalf of the Participants. 

j) From November 1, 1999 to February 25, 2010, an active Employee who 

has not completed five (5) years or more of Credited Service and who is 

permanently and totally disabled prior to Normal Retirement Age as 

defined in Section 3.3(a) may apply for and receive as a lump sum 

payments the contributions which have been credited to his account in 

this Plan. No lump sum payment of Contributions was provided for 

disability from the trade as defined in Section 3.3 (b). Additionally, all 

lump sum payments from the Plan were eliminated as of February 26, 

2010. 

Section 3.4 - VESTED DEFERRED RETIREMENT. 

Any Vested Participant who ceases to work for an Employer making contributions on his 

behalf to the Trust shall be entitled to a non-forfeitable retirement benefit commencing 

on the first (1st) day of the month following his 62nd birthday, computed on the same 

basis as Normal Retirement under Section 3.1 hereof, or commencing on the first (1st) 

day of any month following his 55th birthday and prior to his 62nd birthday, computed on 

the same basis as Early Retirement under Section 3.2 provided he satisfies service 

requirements. 

25 

LAB265_00143
Section 3.5 - PARTIAL PENSION. 

Partial Pensions are provided under this Plan for Employees who would otherwise.lack 

sufficient Credited Service to be eligible for any pension because their years of 

employment were divided between different Pension Plans, or, if eligible, whose 

pensions would be less than the full amount because of such division of employment. 

The eligibility of the Participant shall be in accordance with a duly adopted reciprocal 

agreement with one or more other pension plans, which are considered as related Plans. 

Eligibility for a Disability Retirement benefit hereunder shall be subject to the provisions 

of Section 3.3 herein. 

Section 3.6 - POSTPONED RETIREMENT. 

A Participant who defers his retirement past his Normal Retirement Age because of 

continuing employment shall have his benefits suspended until his actual retirement 

date, but shall continue to accrue retirement benefits in accordance with Article IV. 

Under these circumstances, the actual retirement date shall be considered as his 

Normal Retirement date for purposes of determining benefits. 

Section 3.7 - LATE RETIREMENT. 

A Plan Participant who retires as of a Late Retirement Date, which is any date 

-subsequent to Normal Retirement Date, shall be entitled to receive a monthly pension in 

an amount that is equal to the greater of the Accrued Benefit as of the Late Retirement 

Date or the benefit that would have been payable at his Normal Retirement Date. In 

determining the actuarially increased benefit the Plan Actuary shall calculate the single 

sum actuarial value of the Participant's Normal Retirement Benefit as though he had 

actually retired on his Normal Retirement Date. This amount shall be increased by 

interest, compounded annually as of each anniversary of the Participant's Normal 

Retirement Date (and prorated for any partial year) to the date of his Late Retirement or 

the date of his death if earlier. The amount of the Participant's Late Retirement Benefit 

shall then be that pension benefit which such single sum actuarial amount can provide 

the Participant at his then attained age. In calculating this determinatiorl, the Actuary 

shall use such interest and mortality tables as are specified under the definition of 

Actuarial Equivalent in Section 1.2 . . 

26 

LAB265_00144
ARTICLE IV-RETIREMENT BENEFITS 

Section 4.1 - NORMAL RETIREMENT. 

The monthly retirement benefits of an Eligible Employee shall be computed according to 

the following formula, and as may be adjusted under Section 4.2 hereof: 

a) $1.50 per month for each year of Credited Service for service prior to 

November 1, 1968, not in excess of 20 years, reduced by one ( 1) year for each year of 

Credited Future Service; plus 

b) 4.35% of the amount of Contributions made by an Employer on behalf of 

the Employee from November 1, 1968, to October 31, 1976; plus 

c) $1.00 for each 100 Hours of Service completed in each Plan Year from 

November 1, 1976, to October 31, 1977; plus 

d) $1.50 for each 100 Hours of Service completed in each Plan Year from 

November 1, 1977, to October 31, 1979; plus 

e) $1.75 for each 100 Hours of Service completed in each Plan Year from 

November 1, 1979, to October 31, 1982; plus 

f) $2.50 for each 100 Hours of Service completed in each Plan Year from 

November 1, 1982, to October 31, 1983; plus 

g) 2.24% of the amount of Contributions made by an Employer on behalf of 

the Participant from November 1, 1983, to October 31, 1985; plus 

h) 2.552% of the amount of Contributions made by an Employer on behalf of 

the Participant from November 1, 1985, to October 31, 1987; plus 

i) 2.65% of the amount of Contributions made by an Employer on behalf of 

the Participant from November 1, 1987, to October 31, 1988, plus 

27 

LAB265_00145
j) 2.915% of the amount of Contributions made by an Employer on behalf of 

the Participant from November 1, 1988, to October 31, 1994, plus 

k) 2.50% of the amount of Contributions made by an Employer on behalf of 

the Participant from November 1, 1994, to October 31, 1999; plus 

I) 2.3% of the amount of Contributions made by an Employer on behalf of 

the Participant from November 1, 1999 through February 28, 2009; 

m) $15.00 per month for each year of Benefit Service based upon the base 

journeyman's rates in effect for hours reported from and after March 1, 2009. A year of 

Benefit Service is defined as that Plan year during which a Participant earns 1,200 

Hours of Service for which contributions have been received. More or less than 1,200 

hours shall result in a pro rata adjustment of the monthly benefit. For purposes of 

benefit accrual, hours worked at a contribution rate other than the base journeyman's 

rate then in effect shall be adjusted to said base journeyman rate. 

Section 4.2 - ADJUSTMENTS TO RETIREMENT FORMULA. 

The retirement formula set forth in Section 4.1 above shall be further adjusted as follows: 

a) As of November 1, 1983, all accrued retirement benefits of Participants 

who are not retired shall be increased by ten ( 10%) percent; 

b) Effective as of November 1, 1985, all accrued retirement benefits of 

Participants who are not retired shall be increased by ten (10%) percent; 

c) Effective as of November 1, 1986, all accrued retirement benefits of 

Participants who are not retired shall be increased by fifteen ( 15%) percent; 

d) Effective as of November 1, 1987, all accrued retirement benefits of 

Participants who are not retired shall be increased by five (5%) percent; 

28 

LAB265_00146
e) Effective as of November 1, 1988, all accrued retirement benefits of 

Participants who are not retired shall be increased by ten ( 10%) percent; 

(f) Effective as of October 31, 1990, all accrued retirement benefits of 

Participants who are not retired shall be increased by five (5%) percent. 

g) Effective as of November 1, 1991, all accrued benefits of Participants who 

are not retired shall be increased by ten ( 10%) percent. 

h) Effective as of November 1, 1992, all accrued benefits of active 

Participants who are not retired shall be increased by five (5%) percent. Active 

Participants are those Participants who have had some hours and Contributions 

reported to the Fund for work performed during the November 1, 1991, to 

October 31, 1992 Plan year. 

i) Effective as of October 31, 1993, all accrued benefits of active 

Participants who are not retired shall be increased by five (5%) percent. Active 

Participants are those Participants who have had some hours reported to the 

Fund and contributions received by the Fund for work performed during the 

November 1, 1992, to October 31, 1993, Plan Year, and are not retired as of 

October 31, 1993. 

j) Effective as of November 1, 1994, all accrued benefits of active 

Participants who are not retired as of October 31, 1994, shall be increased by ten 

( 10%) percent. Active Participants are those Participants who have had some 

hours and contributions reported to the Fund for work performed during the 

November 1, 1993, to October 31, 1994, Plan Year. 

k) Effective as of October 31, 1996, all accrued benefits of Participants who 

are not retired as of October 31, 1996, shall be increased by six (6%) percent. 

I) Effective as of October 31, 1996, all accrued benefits of Participants who 

are not retired as of October 31, 1996, shall be increased by ten ( 10%) percent. 

29 

LAB265_00147
m) Effective as of October 31, 1997, all accrued benefits of active 

Participants who are not retired shall be increased by ten (10%) percent. Active 

Participants are those Participants who have had some hours reported to the 

Fund and contributions received by the Fund for work performed during the 

November 1, 1996, to October 31, 1997, Plan Year, and are not retired as of 

October 31, 1997. 

n) Effective as of November 1, 1998, all accrued benefits of all Participants 

who are not retired as of October 31, 1998, shall be increased by four (4%) 

percent. 

Section 4.3 - EARLY RETIREMENT. 

The monthly retirement benefit of an Employee eligible for retirement benefits and who 

has applied therefore for commencement on or after age 55 years, and prior to age 62, 

shall be computed on the same basis as "Normal Retirement" under Sections 4.1 and 

4.2, reduced by five-ninths of one percent (5/9ths of 1%) for each of the first 48 months 

that the Early Retirement date is prior to the first of the month next following the 62nd 

birthday, and by five-eighteenths of one percent (5/18ths of 1%) for each month of the 

next 36 months that the Early Retirement date is prior to the first of the month next 

following the 62nd birthday. 

Section 4.4 - DISABILITY RETIREMENT. 

The disability retirement benefit of a Participant eligible for a Disability Retirement under 

Section 3.3, and who has applied therefore, shall be an amount determined as follows: 

a) If the Participant has less than five (5) Years of Credited Service, a lump 

sum benefit equal to the total amount of contributions received on the account of 

the Participant will be paid. However, no lump sum benefits will be available for 

disability applications received on and after February 26, 2010. 

b) If the Participant qualifies for a Total Employment Disability benefit a 

monthly pension benefit in the form of a single life annuity equal to the 

Participant's Accrued Benefit as of the date of di~ability, with a minimum benefit 

30 

LAB265_00148
of Twenty-five ($25.00) Dollars to be paid. However, no lump sum benefits will 

be available for disability applications received on and after February 26, 2010. 

c) If a Participant qualifies for a Total Trade Disability a monthly pension 

benefit in the form of a single life annuity equal to the Participant's Accrued 

Benefit as of the date of disability, with a minimum benefit of Twenty-five ($25.00) 

Dollars to be paid. No lump sum benefits will be available for disability 

applications received on and after February 26, 2010. Said benefits shall be 

actuarially reduced for each month that said disability date precedes the first of 

the month next following the 62nd birthdate of said Employee. Said reduction 

factors are as follows: 

1) 11180th percent for each of the first 48 months, plus 

2) 11360th percent for each of the next 36 months, plus 

3) 11540th percent for each of the next 60 months, plus 

4) 11720th percent for each of the next 60 months 

Section 4.5- PRE-RETIREMENT DEATH BENEFIT. 

If an eligible Participant dies prior to retirement, a death benefit shall be payable under 

one of the following provisions. Note, however, that on and after February 26, 2010, 

lump sum payments authorized under Section 4.5(a)(i) & (ii) and (c) shall not be paid 

and these sections shall be suspended until further action of the Trustees: 

a) Lump Sum Death Benefit. A Lump Sum death benefit equal to 100% of 

the contributions made on behalf of a Participant, shall be payable upon the death of a 

Participant prior to his retirement under one of the following provisions: 

i) If the deceased Participant did not meet the qualifications for 

Normal or Early Retirement as provided in Sections 3.1 or 3.2 of the Plan, 

and a) if not Vested in the Plan, a lump sum is payable to his designated 

Beneficiary, provided that if he is married, and the designated Beneficiary 

is other than the surviving Spouse of the deceased Participant, then such 

surviving Spouse shall receive fifty (50%) percent of the lump sum 

payment; or b) is Vested in the Plan, but is married for less than one ( 1) 

year, a lump sum payment is payable to his designated Beneficiary, 

31 

LAB265_00149
provided that if the designated Beneficiary is other than the surviving 

Spouse of the deceased Participant then such surviving Spouse shall 

receive fifty ( 50%) percent of the lump sum payment. 

ii) If the deceased Participant was eligible for Normal or Early 

Retirement as provided in Sections 3.1 and 3.2 of the Plan, and is 

unmarried or married for less than one (1) year as determined according 

to the provisions of the Retirement Equity Act of 1984, a lump sum 

payment is payable to his designated Beneficiary, provided that if the 

designated Beneficiary is other than the surviving Spouse of the 

deceased Participant, then such surviving Spouse shall receive fifty 

(50%) percent of the lump sum payment. 

b) Qualified Pre-Retirement Survivor Annuity. A Qualified Pre-Retirement 

Survivor Annuity shall be paid monthly to the surviving Spouse of a vested 

deceased Participant who was married for more than one ( 1) year. Said annuity 

shall commence the first (1 st) of the month next following the date of death of the 

Participant and shall be determined as follows: 

i} If the Participant were over age 55 at the time of death, the 

monthly benefit payable would be equal to the survivorship pension 

payable to the Spouse had the Participant retired as of the date of his 

death having selected the joint and full survivor form of payment. 

ii) If the Participant were younger than age 55 at the time of death, 

the monthly benefit payable would be equal to the survivorship pension 

payable to the Spouse had the Participant retired as of age 55 having 

selected the joint and full survivorship form of payment, and further 

reduced by one twelfth of one percent, for each month that the date of 

death precedes age 55, to a total maximum additional reduction of ten 

( 10%) percent. 

c) In lieu of the above survivor annuity, a surviving Spouse may elect to 

receive a lump sum benefit hereunder equal to the total Contributions 

32 

LAB265_00150
made to the Plan on behalf of the deceased Participant, less any benefits 

paid, with a reduced Qualified Pre-Retirement Survivor Annuity as 

described above. The monthly benefit shall be reduced by the actuarial 

value of the Employer contributions received by the Spouse. Should the 

amount of Employer contributions exceed the actuarial value of the 

qualified pre-retirement survivor annuity, acceptance by the surviving 

spouse of the Employer Contributions shall constitute a waiver of 

entitlement to future benefits. 

This election by the surviving Spouse will be made only after the surviving Spouse has 

been informed of: 

i) the amount of the Employer Contributions payable under this Article; 

ii) the actuarial equivalent value of the Qualified Pre-Retirement Survivor 

Annuity, payable under the Article; 

iii) the Actuarial Equivalent value of the reduced annuity if the option is 

exercised; 

iv) the earliest date the Qualified Pre-Retirement Survivor Annuity payment 

will commence, which is the date the deceased Participant would have reached 

55 years of age; 

v) the fact that entitlement to the Qualified Pre-Retirement Annuity Benefit, 

or reduced benefit, terminates upon the death of the surviving Spouse. 

A written waiver by the surviving Spouse, waiving entitlement to the benefit not elected 

will be obtained by the administrator prior to any benefit being paid. 

This provision shall supersede any previous "non-Spouse" designation of Beneficiary as 

may have been made by the Participant. 

Section 4.6 - POST-RETIREMENT DEATH BENEFIT. 

Benefits payable to a Spouse or other Beneficiary following the death of the Participant 

shall be paid solely in accordance with the form of benefit selected by the Participant at 

the time of Retirement. Consistent with the requirements of the Pension Protection Act, 

lump sum death benefits previously permitted by the terms of the Plan have been 

suspended as of March 24, 2010. 

33 

LAB265_00151
Section 4.7- PAYMENT OF PRE-RETIREMENT DEATH BENEFITS. 

Any benefits payable under Section 4.5 hereof shall be payable providing the deceased 

Employee has at the time of his death, some hours of Credited Service. Forfeiture of 

hours of Credited Service under Section 2.2 hereof, shall also operate to forfeit any right 

to a death benefit under this Section. 

Section 4.8 - DESIGNATION OF BENEFICIARY. 

To the extent the Plan may allow benefits to be paid to a non-Spouse Beneficiary, each 

Employee may designate a Beneficiary to whom such death benefits shall be paid. The 

Employee may change his Beneficiary from time to time, before or after his retirement, 

accept as to a Joint and Survivor Annuity. Any designation or change of Beneficiary 

shall be made by filing written notice with the Trustees or with the Professional 

administrator in such form as they shall prescribe 

Section 4.9- PAYMENT TO SURVIVORS. 

To the extent the Plan may allow benefits to be paid to a non-Spouse Beneficiary, and in 

the absence of a designated beneficiary or if the designated beneficiary is not living, the 

Trustees shall cause payment to be made in the following order of priority; to the estate 

of such decedent, to the widow/er, children, father, mother, grandchildren, brother or 

sister. 

a) Payment of two (2) or more persons. In case two (2) or more persons 

become entitled to a benefit payment, the entire benefit shall be equally divided 

among them. In the event that one (1) of them has paid the funeral expenses of 

the deceased Employee, the balance may be divided after the one who paid the 

funeral expenses has been reimbursed. 

b) Except to the extent otherwise expressly provided in a Qualified Domestic 

Relations Order, a divorced Spouse of a Participant shall be deemed to have 

predeceased the Participant Accordingly, benefits under this Plan shall be paid 

only to those designated beneficiaries who are entitled to distributions under the 

Beneficiary designation in effect at the time of the divorce by reason of the 

divorced Spouse's failure to have survived the Participant. The Participant may 

34 

LAB265_00152
change the Beneficiary designation at any time and from time to time after the 

divorce. 

Section 4.10 - ADJUSTMENTS TO BENEFITS FOR RETIREES. 

The monthly benefit checks being paid to retirees under this Plan shall be adjusted as 

follows: 

a) Effective as of November 1, 1983, all benefit checks being issued to 

retired Participants shall be increased by ten (10%) percent. 

b) Effective as of November 1, 1985, all benefit checks being issued to 

retired Participants shall be increased by ten ( 10%) percent. 

c) Effective as of November 1, 1986, all benefit checks being issued to 

retired Participants, shall be increased by fifteen ( 15%) percent. 

d) As of November 1, 1987, all benefit checks being issued to retired 

Participants, shall be increased by five (5%) percent. 

e) As of November 1, 1988, all benefit checks being issued to retired 

Participants shall be increased by ten ( 10%) percent, 

f) As of November 1, 1990, all benefit checks being issued to retired 

Participants shall be increased by five (5%) percent, but with a minimum increase 

of Twenty-five ($25.00) Dollars. 

g) As of November 1, 1991, all benefit checks being issued to retirees and 

Beneficiaries shall be increased by five (5%) percent, but with a minimum 

increase of twenty-five ($25.00) Dollars. 

h) As of November 1, 1992, all benefits being paid on the account of a 

retiree (which account shall include an alternate payee account), and on the 

account of a Beneficiary (not including the account of an Alternate Payee), shall 

be increased by five (5%) percent, but with a minimum increase to the account of 

Twenty-five ($25.00) Dollars. 

35 

LAB265_00153
i) All retirees and Beneficiaries who are entitled to receive benefits as of 

October 31, 1993, shall receive one ( 1) additional benefit check equal to their 

regular monthly benefit payment, but in no case will this additional benefit check 

be less than $200.00. 

j) As of November 1, 1994, all benefits being paid on the account of a 

retiree who was retired as of October 31, 1994, (which account shall include an 

Alternate Payee account), and on the account of a Beneficiary (not including the 

account of an Alternate Payee), shall be increased by five (5%) percent. 

k) Effective as of November 1, 1996, all benefits being paid on the account 

of a retiree who is retired as of October 31, 1996, and on the account of a 

Beneficiary, shall be increased by six (6%) percent. 

I) Effective as of November 1, 1996, all benefits being paid on the account 

of a retiree who is retired as of October 31, 1996, and on the account of a 

Beneficiary, shall be increased by ten (10%) percent. 

m) Effective as of November 1, 1997, all benefits being paid on the account 

of a retiree who is retired as of October 31, 1997, and on the account of a 

Beneficiary shall be increased by ten ( 10%) percent. 

n) Effective as of November 1, 1998, all benefits being paid on the account 

of a retiree who is retired as of October 31, 1998, and on the account of a 

beneficiary, shall be increased by four (4%) percent. 

Section 4.11 - FORFEITURE OF DEATH BENEFIT. 

Any benefits payable under Section 4.5 or 4.6 hereof shall be payable providing the 

deceased Employee has at the time of his death, some hours of Credited Service. 

Forfeiture of hours of Credited Service under Section 2.3 hereof, shall also operate to 

forfeit any right to a death benefit under this Section. 

36 

LAB265_00154
Section 4.12 - RETROACTIVE ANNUITY STARTING DATE. 

To the extent the terms of the Plan permit a Participant to affirmatively select an Annuity 

Starting Date that occurs sometime prior to the date the Plan provides the participant is 

provided with a Qualified Joint and Survivor Annuity notice (Retroactive Annuity Starting 

Date - "RASO"), such payments shall be governed by the rules set forth in 29 CFR 

1.417(3)-1 which are incorporated herein by reference. Benefits will be calculated as of 

the RASO using the mortality and interest assumptions in effect on that date. The 

benefits must satisfy the section 415 limits and 417(e)(3) present value assumptions (if 

applicable) in effect on the RASO. Participants shall receive make-up payments 

including an adjustment for interest from the RASO (based on the Applicable Interest 

Rate) to the date payments are actually made. Spousal consent is required if the 

survivor benefit payable to the Spouse based on the RASO is less than the amount of 

the minimum required survivor benefit that would be payable if the actual payment date 

were used as the Annuity Starting Date. 

37 

LAB265_00155
ARTICLE V-COMMENCEMENT AND DURATION OF BENEFITS 

Section 5.1 - RETIREMENT BENEFITS. 

a) Retirement Benefits shall commence on the first (1 st) of the month 

following the date his written application is filed with the Trustees, provided such 

application is filed by the fifteenth ( 15th

) of the month, otherwise they shall 

commence on the first (1 st) of the next following month. In any event, benefits 

shall commence within 60 days of the end of the Plan Year in which the latest of 

the following three (3) events occur; but not later than April 1, following the year 

in which the Participant reaches age 70 1⁄2 years of age: 

i) attainment of age 62; 

ii) the fifth (5th) anniversary of participation in the Plan; 

iii) termination of employment under the Plan. 

Notwithstanding the foregoing, the failure of a Participant and Spouse to consent 

to a distribution while a benefit is immediately distributable, within the meaning of 

Article VI, shall be deemed to be an election to defer commencement of payment 

of any benefit sufficient to satisfy this Section. 

b) Retirement benefits shall be payable to the Participant on his date of 

retirement and shall be payable on the first (1 st) day of each month thereafter 

depending upon the form of payment chosen, but subject to the provisions of 

Sections 5.2 and 6.2. 

Section 5.2 - OFFSET OF BENEFITS OF FORMER DISABILITY RETIREE. 

Any Participant who applied for and receives a lump sum Disability Retirement payment 

under the provisions of Section 4.4(a) hereof, and who subsequently returns to covered 

employment, shall have the following options: 

a) to re-enter the Plan as a new Participant, or 

b) within two (2) years of his re-entry into the Plan, to repay the amount of 

the lump sum benefit previously paid, and thereby be restored to his 

former status in the Fund at the time of disability. 

38 

LAB265_00156
Section 5.3 - SUSPENSION OR LOSS OF BENEFITS. 

a) A Participant eligible for Normal Retirement, or a retired Participant who 

withdraws from retirement by working in Disqualified Employment as set forth 

under the provisions of Sections (b} and (c) herein, shall be suspended or 

disqualified from receiving or being entitled to any pension benefits for any month 

during which he is not in retirement. Disqualified Employment shall be construed 

to mean employment providing services in any of the job categories included in 

the Collective Bargaining Agreement of the Union under any one ( 1} or more of 

the following circumstances: 

i} employment by any contributing Employer; 

ii) employment by any Employer in the same business as any 

contributing Employer; 

iii) self-employment in the same business as any contributing 

Employer: 

iv} employment or self.;.employment in any business which is or may 

be under the jurisdiction of the Union, 

b} Disqualifying Employment Prior to Normal Retirement Age. A retiree who 

has retired prior to Normal Retirement Age and who becomes disqualified under 

the provisions of Section (a} above shall have his benefits suspended for every 

month he was so employed, and for two (2) months additional following 

termination of re-employment. Pension benefits shall be adjusted at the end of 

the Plan Year in which re-employment was terminated to include the adjusted 

age of the Participant, and any contributions received on account of the 

Participant during such period of re-employment. 

c) Disqualifying Employment After Normal Retirement Age. A retiree who 

has attained Normal Retirement Age, and who becomes disqualified by working 

more than 40 hours per month in the geographical area covered by the Plan 

under the provisions of Section (a) above, shall have his benefits suspended for 

every month he was so employed. Pension benefits shall be adjusted at the end 

of the Plan Year in which re-employment was terminated to include the adjusted 

age of the Participant, and any contributions received on account of the 

Participant during such period of re-employment. 

39 

LAB265_00157
d) A Participant who postpones his retirement by continuing his employment 

beyond his Normal Retirement Age shall be disqualified from receiving or being 

entitled to any pension benefits until he terminates his employment. He shall, 

however, be entitled to all credits earned to date of actual retirement. 

·e) Notice of suspension of benefits under (i)-(vi) hereof shall be given to all 

Participants/retirees, and shall include the following information: 

i) a description of the specific reasons why benefit payments are 

being suspended; 

ii) a general description of the Plan provisions relating to the 

suspension of payments, and a copy of such provisions; 

iii) · a statement that the applicable Department of Labor Regulations ,, may be found in Section 2530.203-3 of the Code of Federal Regulations; 

iv) the Plan's procedure for providing a review of the suspension of 

benefits; 

v) the procedure, and necessary forms, for filing a notice of 

termination of disqualifying employment and resumption of benefit 

payments; 

vi) the procedure and necessary forms for filing a notice of termination 

of disqualifying employment that the Plan intends to offset any 

suspendible amounts actually paid during disqualifying re-employment, 

specifying the period and amounts of such offset and the manner in which 

offset will be handled. 

f} Status Determination. Any retiree or Participant may request a 

determination from the Plan whether specific contemplated employment will be 

considered as disqualifying employment. 

g) Recoupment. If benefits were paid for a month for which benefits were 

later determined to be suspended, the overpayment shall be recoverable through 

deductions from future benefit payments. Overpayments attributable to 

40 

LAB265_00158
payments made for any month or months for which the Participant worked in 

Disqualifying Employment shall be deducted from pension payments otherwise 

paid or payable subsequent to the period of suspension. A deduction from a 

monthly benefit for a month after the Participant attained Normal Retirement Age 

shall not exceed 25 percent of the pension amount (before deduction), except for 

the first pension payment made upon resumption after a suspension. If a 

pensioner dies before recoupment of overpayments has been completed, 

deductions shall be made for the benefits payable to his Beneficiary as 

contingent Annuitant, subject to the 25 percent limitation on the rate of 

deductions. 

Section 5.4- OVERPAYMENTS FROM THE PENSION FUND. 

No Participant or dependent or beneficiary shall be entitled to receive a benefit in excess 

of that which is provided for by the terms of the Plan. In the event a participant and/or a 

dependent and/or beneficiary is overpaid by the Plan due to any administrative, 

mathematical or other error, the Board of Trustees shall have the right and obligation to 

recoup such overpayments through an actuarial reduction of future benefit payments, 

the offset of future benefit payments or any procedure deemed necessary and 

reasonable by the Board of Trustees. Any Participant or dependent or Beneficiary, upon 

being notified of the reduction or offset, shall have the right and obligation to appeal the 

decision to the Board of Trustees prior to commencing any other legal or administrative 

action. Under no circumstances will an overpayment become or be considered a Vested 

benefit. 

41 

LAB265_00159
ARTICLE VI-JOINT AND SURVIVOR ANNUITY REQUIREMENTS 

Section 6.1 - QUALIFIED JOINT AND OPTIONAL ANNUITIES. 

For Annuity Starting Dates on or after May 1, 2010 and unless an optional form of 

benefit is selected pursuant to a qualified election within the 180-clay period ending on 

the Annuity Starting Date, a married Participant's vested accrued benefit will be paid in 

the form of a Qualified Joint and Survivor Annuity and an unmarried Participant's Vested 

Accrued Benefit will be paid in the normal form of an single life annuity. The Participant 

may elect to have such annuity distributed upon attainment of the Earliest Retirement 

Age under the Plan. 

At the time of application for retirement, a Participant may elect one (1) of the following 

forms of Qualified Joint and Survivor Annuity: 

i) an annuity for the life of the Participant with a survivor annuity for the life of the 

spouse which is 50% of the amount of the annuity which is payable during the 

joint lives of the Participant and the Spouse and which is the actuarial equivalent 

of the normal form of benefit, or if greater, any optional form of benefit. In the 

event that no election is timely made, this form shall be the benefit paid by Plan. 

ii) an annuity for the life of the Participant with a survivorship annuity for the life of 

the Spouse which is two-thirds (2/3rds) of the amount of the annuity which is 

payable during the joint lives of the Participant and the Spouse and which is the 

actuarial equivalent of the normal form of benefit, or if greater, any optional form 

of benefit. 

iii) an annuity for the life of the Participant with a survivorship annuity for the life 

of the Spouse which is equal to the amount of the annuity which is payable 

during the joint lives of the Participant and the Spouse and which is the actuarial 

equivalent of the normal form of benefit, or if greater, any optional form of benefit. 

At the election of the Participant, made at the time of application for retirement, a "popup" option shall be provided whereby if the spouse thereafter predeceases the 

Participant, the Joint and Survivorship Pension will revert to the full benefit that would 

42 

LAB265_00160
have been payable but for the application of the Joint and Survivorship provision. In the 

event of such. election, the Participant's Pension payable under this option shall be the 

actuarial equivalent of the normal form of benefit. 

A Joint and Survivorship Pension, once payments have begun, may not be revoked nor 

the pensioner's benefits increased by reason of subsequent divorce or death of the 

Spouse before that of the Participant, except the death of the Spouse as provided for 

under this "pop-up" option. 

Section 6.2 - QUALIFIED PRE-RETIREMENT SURVIVOR ANNUITY. 

a) Death After Reaching Earliest Retirement Age. Unless an optional form 

of benefit has been selected within the Election Period pursuant to a Qualified 

Election, if a Participant dies after the Earliest Retirement Age, the Participant's 

surviving Spouse, if any, will receive the same benefit that would be payable if 

the Participant had retired with an immediate Qualified Joint and Survivor Annuity 

on the day before the Participant's date of death. The surviving Spouse may elect 

to commence payment under such annuity within a reasonable period after the 

Participant's death. The actuarial value of benefits, which commence later than 

the date on which payments would have been made to the surviving Spouse 

under a Qualified Joint and Survivor Annuity in accordance with this provision, 

shall be adjusted to reflect the delayed payment. 

b) Death Prior to Earliest Retirement Age. Unless an optional form of 

benefit ih accordance with Section 4.5(b) herein, is selected within the Election 

Period pursuant to a Qualified Election, if a Participant dies on or before the 

Earliest Retirement Age, the Participant's surviving Spouse (if any) will receive 

the same benefit that would be payable if the Participant had: i) separated from 

service on the date of death, (or date of separation from service, if earlier); ii) 

survived to the Earliest Retirement Age; iii) retired with an immediate Qualified 

Joint and Survivor Annuity at the Earliest Retirement Age, electing a joint and full 

survivorship option, and iv) died on the day after the Earliest Retirement Age. 

1) Except as provided in Section 4.05(b )(ii), a surviving Spouse will begin 

to receive payments at the Earliest Retirement Age. Benefits 

43 

LAB265_00161
commencing after the Earliest Retirement Age will be the Actuarial 

Equivalent of the benefit to which the surviving Spouse would have been 

entitled if benefits had commenced at the Earliest Retirement Age under 

an immediate Qualified Joint and Survivor Annuity. 

2) For the purposes of this Section, the benefit payable to the surviving 

' Spouse shall be attributable to Employer contributions in the same 

proportion as the total accrued benefit derived from Employer 

contributions is to the accrued benefit of the Participant. 

c) Qualified Pre-Retirement Survivor Annuity Election Period. The period 

which begins on the first (1st) day of the Plan Year in which the 

Participant attains age 35 and ends on the date of the Participant's death. 

If a Participant separates from service prior to the first (1st) day of the 

Plan Year in which age 35 is attained, with respect to benefits accrued 

prior to separation, the election period shall begin on the date of 

separation. 

d) Pre-age 35 Waiver. To the extent the Plan does not fully subsidize the 

Qualified Pre-Retirement Survivor Annuity, a Participant who will not yet 

attain age 35 as of the end of any current Plan Year may make a special 

Qualified Election to waive the Qualified Pre-Retirement Survivor Annuity 

for the period beginning on the date of such election and ending on the 

first (1st) day of the Plan Year in which the Participant will attain age 35. 

Such election will not be valid unless the Participant receives a written 

explanation of the Qualified Pre-Retirement Survivor Annuity. Such 

coverage will be automatically reinstated as the first (1st) day of the Plan 

Year in which the Participant attains age 35. Any new waiver on or after 

such date shall be subject to the full requirements of this Article. 

Section.6.3 - NOTICE REQUIREMENTS. 

a) In the case of a Qualified Joint and Survivor Annuity as described in this Article, 

the Plan administrator shall provide each Participant no less than 30 days and no 

more than 180 days prior to the Annuity Starting Date, a written explanation of: 

44 

LAB265_00162
i) the terms and conditions of a Qualified Joint and Survivor Annuity; 

ii) the Participant's right to make and the effect of an election to waive the 

Qualified Joint and Survivor Annuity form of benefit; 

iii) the rights of a Participant's Spouse; 

iv) the right to make, and the effect of, a revocation of a previous election to 

waive the Qualified Joint and Survivor Annuity. 

The Plan Administrator will notify the Participant when the benefit under the Plan is 

requested. Such notification will include a general description of the material 

features and an explanation of the relative values of, the optional forms of benefit 

available under the Plan in a manner that satisfies the notice requirements of Code 

§ 417(a)(3) and Treasury Regulations§ 1.417(a)(3)·1 . 

b) In the case of a Qualified Pre•retirement Survivor Annuity as described in 

this Article, the Plan administrator shall provide each Participant within the 

applicable period for such Participant, a written explanation of the Qualified Pre• 

Retirement Survivor Annuity in such terms and in such manner as would be 

comparable to the explanation provided for meeting the requirements applicable 

to a Qualified Joint and Survivor Annuity. 

The applicable period for a Participant is whichever of the following periods ends 

last: 

i) the period beginning with the first (1 st) 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; 

ii) a reasonable period ending after the individual becomes a Participant; 

iii) a reasonable period ending after Section 5.3 ceases to apply to the 

Participant; 

iv) a reasonable period ending after this Article first applied to the 

Participant. 

45 

LAB265_00163
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. 

For purposes of the preceding paragraph, a reasonable period ending after the 

enumerated events described in (ii), (iii) and (iv) is the end of the two (2) year 

period beginning one (1) year prior to the date the applicable event occurs and 

ending one (1) year after that date. In the case of a Participant who separates 

from service before the Plan year in which age thirty-five (35) is attained, notice 

shall be provided within the two (2) year period beginning one (1) year prior to 

separation and ending one (1) year after separation. If such a Participant 

thereafter returns to employment with the Employer, the applicable period for 

such Participant shall be re-determined. 

c) Notwithstanding the other requirements of this Section 6.5, the respective 

notices prescribed by this Section need not be given to a Participant if, 

i) the Plan "fully subsidizes" the cost of a Qualified Joint and Survivor 

Annuity or qualified pre-retirement survivor annuity, and 

ii) the Plan does not allow the Participant to waive the Qualified Joint and 

Survivor Annuity or qualified pre-retirement Survivor annuity does not 

allow a married Participant to designate a non-Spouse Beneficiary. 

For purposes of this Section (c), 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 pre-retirement survivor annuity, 

the Plan may not charge the Participant for the cost of such benefit by reducing 

the Participant's benefits under the Plan or by any other method. 

Section 6.4 - CASH OUT PROVISION. 

Lump Sum Cash Outs ·are payable only at retirement and only after the Participant has 

completed an application for benefits consenting to a distribution of benefits in a form 

payable under the Plan. If, however, the actuarial present value of the benefit payable 

46 

LAB265_00164
under the Plan is $1,000 or less as of the earliest date the Participant is eligible for a 

benefit under the Plan, a distribution may be made to the Participant in a lump sum 

payment regardless of whether or not an application has been submitted. If the benefit 

is an Eligible Rollover, the Participant may elect to have the benefit paid to an eligible 

retirement plan as defined in this Plan. 

a) Spousal Consent. For distributions occurring on or after March 28, 2005, if 

the present value of any non-forfeitable Accrued Benefit, taking in 

consideration benefits derived from both Employer and Employee 

contributions, exceeds (or at the time of any prior distribution, exceeded) 

$1,000.00, the benefit may not be immediately distributed without the consent 

of the Participant, and if applicable, the Participant's Spouse. If the Plan 

provides for distributions which are subject to the survivor annuity 

requirements of IRC Section 417, the Plan will provide that the present value 

of a Qualified Joint and Survivor Annuity or a Qualified Pre-Retirement 

Survivor Annuity, will be immediately distributed, if such value does not 

exceed (or at the time of any prior distribution did not exceed $1,000.00). The 

Plan currently does not allow lump sum distributions in excess of $1,000.00. 

All cash out distributions remain subject to the consent requirements of the 

Plan and IRC Section 417(e). 

Section 6.5 - ELIGIBLE ROLLOVER. 

As to distributions made on or after January 1, 1993, notwithstanding any provisions of 

the Plan to the contrary that would otherwise limit a distributee's election under this 

Section, a Distributee may elect, at the time and in the manner prescribed by the Plan 

Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an 

Eligible Retirement Plan specified by the Distributee in a Direct Rollover. 

Eligible Rollover Distribution: An Eligible Rollover Distribution of all or any 

portion of the balance to the credit of the Distributee, except that an Eligible Rollover 

Distribution, does not include; any distribution that is one of a series of substantially 

equal periodic payments (not less frequently than annually) made for the life (or life 

expectancy) of the Distributee or the joint lives (or joint life expectancy) of the 

Distributee's designated Beneficiary, or for the specified period of ten (10) years or 

47 

LAB265_00165
more; any distribution to the extent such distribution is required under Section 401(a) (9) 

of the Code; and the portion of any distribution that is not includible in gross income 

(determine without regard to the exclusion for net unrealized appreciation with respect to 

Employer securities). 

Eligible Retirement Plan: An Eligible Retirement Plan is an individual retirement 

account described in Section 408(a) of the Code, an individual retirement annuity 

described in Section 408(b) of the Code, an annuity Plan described in Section 403(a) of 

the Code, or a Qualified Trust described in Section 401(a) of the Code, that accepts the 

distributee's eligible rollover distribution. However, in the case of eligible rollover 

distribution to the surviving spouse, an eligible Retirement Plan is an individual 

retirement account or individual retirement annuity. For distributions made on or after 

July 1, 2008, an Eligible Retirement Plan also includes a Roth IRA. 

Effective for distributions occurring after December 31, 2001, an Eligible 

Retirement Plan shall also mean an annuity contract described in Section 403(b) of the 

Code and an eligible plan under Section 457(b) of the Code which is maintained by a 

state or political subdivision of a state or agency or instrumentality of a state or political 

subdivision of a state and which agrees to separately account for amounts transferred 

into such plan from this Plan. The definition of Eligible Retirement Plan shall also apply 

in the case of a distribution to a surviving Spouse, or to a Spouse or former Spouse who 

is the Alternate Payee under a Qualified Domestic Relations Order, as defined in Section 

414{p) of the Code. 

Distributee: A Distributee includes an Employee or former Employee. In 

addition, the Employee's or former Employee's surviving Spouse and the Employee's or 

former Employee's Spouse or former Spouse who is the Alternate Payee under a 

Qualified Domestic Relations Order, as defined in Section 414{p) of the Code, are 

Distributee's with regard to the interest of the Spouse or former Spouse. Effective for 

distribution on or after January 1, 2008, a Distributee shall include a Participant's nonSpouse Beneficiary. 

Direct Rollover: A Direct Rollover is a payment by the Plan to the eligible 

retirement Plan specified by the Distributee. 

48 

LAB265_00166
Spousal Consent: For distributions occurring on or after March 28, 2005, if the 

present value of any non-forfeitable accrued benefit, taking in consideration benefits 

derived from both Employer and Employee Contributions, exceeds (or at the time of any 

prior distribution, exceeded) $1,000.00, the benefit may not be immediately distributed 

without the consent of the Participant, and if applicable, the Participant's Spouse. If the 

Plan provides for distributions which are subject to the survivor annuity requirements of 

IRC Section 417, the Plan will provide that the present value of a Qualified Joint and 

Survivor Annuity or a Qualified Pre-Retirement Survivor Annuity, will be immediately 

distributed, if such value does not exceed (or at the time of any prior distribution did not 

exceed $1,000.00). The Plan currently does not allow lump sum distributions in excess 

of $1,000.00. All cash out distributions remain subject to the consent requirements of 

the Plan and IRC Section 417(e). 

49 

LAB265_00167
ARTICLE VII-MAXIMUM BENEFIT LIMITATION 

Section 7.1-GENERAL LIMITATION RULE. 

The Maximum Benefit Limitation of Code Section 415(d) and Small Benefit Exception of 

Code Section 415(b )( 4) are incorporated herein by reference. The defined benefit dollar 

limit is $160,000 per Code Section 415(b ){ 1 )(A). The age-adjusted dollar limit under 

Code Section 415(b)(2)(C) and {D) will be administered according to IRS Regulation 

1.415{b)-1{a}(4) and the payment of benefits in other than a straight life annuity shall be 

adjusted pursuant to IRS Regulation 1.415(b)-1 (c). 

a) For purposes of this Section 7.1, the Plan adopts the safe harbor definition of 

"Compensation" stated in IRS Regulation 1.415{ c )-2( d)(2). Compensation paid or 

made available during such limitation year shall include the Participant's earned 

income paid by the later of: 

1) two and one-half (2 1⁄2) months after severance from employment; or 

2) the end of the limitation year that includes the date of severance from 

employment. 

The otherwise permissible annual benefits for any Participant under this Plan may be 

further reduced to the extent necessary to prevent disqualification of the Plan under 

Section 415{e) of the Internal Revenue Code. The above limitations are intended to 

comply with the provisions of Section 415 of the Internal Revenue Code, as amended, 

so that the maximum benefits provided by Plans would not exceed that maximum 

amounts allowed under Section 415 of the Internal Revenue Code and regulations 

thereunder. If there is any discrepancy between the provisions of this Section 7.1 and 

the provisions of Section 415 of the Internal Revenue Code and regulations thereunder, 

such discrepancy shall be resolved in such a way as to give full effect to the provisions 

of Section 415 of the Internal Revenue Code. 

50 

LAB265_00168
ARTICLE VIII-NON-ALIENATION OF BENEFITS 

Section 8.1 - NON-ALIENATION OF BENEFITS. 

No benefit or interest available hereunder will be subject to assignment or alienation, 

either voluntarily or involuntarily. The preceding sentence shall also apply to the 

creation, assignment or recognition of a right to any benefit payable with respect to a 

Participant pursuant to a Domestic Relations Order, unless such order is determined to 

be a Qualified Domestic Relations Order, as defined in Section 414(p) of the Code. 

Section 8.2 - DEDUCTION FOR RETIREE MEDICAL COVERAGE. 

Pensioners and Beneficiaries of the Pension Fund who are eligible for medical coverage 

from a companion Health & Welfare Plan associated with the Pension Fund may 

authorize in writing a deduction from their monthly pension check the amount required 

for medical coverage under the Welfare Fund. Such authorizations are strictly voluntary 

and may be revoked at any time. Such authorizations shall not be an assignment of 

benefits in that the Welfare Fund shall have no right enforceable against this Fund to any 

part of the monthly pension benefit. The Welfare Fund must acknowledge in writing that 

transfer of these kinds of deductions create no enforceable right in or to any benefit 

payment, or portion thereof, from this Fund. The deduction and transfer will only be 

made when or after the money would otherwise be payable to the Pensioner or 

Beneficiary. These deductions cannot be made unless the Welfare Fund reimburses the 

Fund for any additional costs of the deductions and transfers. 

51 

LAB265_00169
ARTICLE IX-CONTRIBUTIONS AND FUNDING 

Section 9.1 - CONTRIBUTIONS & FUNDING. 

The purpose of this Fund is to provide pension benefits to eligible Employees and/or 

Spouses and/or named Beneficiaries of the Employee. These benefits are to be funded 

by receipt of Contributions from contributing Employers and by the returns on the 

investments of these Contributions. The Trustees will therefore adopt a policy of 

investment consistent with these objectives so as to provide the greatest possible 

pension benefits under this Plan. 

In order' to effectuate the purposes hereof, each Employer shall contribute to the 

Pension Fund the amount required by the Collective Bargaining Agreement between the 

Union and the Employer. The rate of contribution shall at all times be governed by the 

aforesaid Collective Bargaining Agreement then in force and effect. All benefits are 

payable only from the Pension Fund, only to the extent such Fund shall suffice therefore. 

Section 9.2 - ANTI CUT-BACK OF BENEFITS. 

No amendment to the Plan {including a change in the actuarial basis for determining 

optional or Early Retirement benefits) shall be effective to the extent that it has the effect 

of decreasing a Participant's Accrued Benefit. Notwithstanding the preceding sentence, 

a Participant's accrued benefit may be reduced to the extent permitted under Section 

412{c){8) of the Code, or as otherwise permitted by law. For purposes of this paragraph, 

a plan amendment which has the effect of {1) eliminating or reducing an Early 

Retirement benefit or a retirement-type subsidy, or (2) eliminating an optional form of 

benefit, with respect to benefits attributable to service before the amendment shall be 

treated as reducing accrued benefits. In the case of a retirement-type subsidy, the 

preceding sentence shall apply only with respect to a Participant who satisfies { either 

before or after the amendment) the pre-amendment conditions for the subsidy. In 

general, a retirement-type subsidy is a subsidy that continues after retirement, but does 

not include a qualified disability benefit, a medical benefit, a social security supplement, 

a death benefit {including life insurance), or a plant shutdown benefit (that does not 

continue after retirement age). Furthermore, no amendment to the Plan shall have the 

effect of decreasing a Participant's vested interest determined without regard to such 

52 

LAB265_00170
amendment as of the later of the date such amendment is adopted, or becomes 

effective. 

Section 9.3 - RECIPROCITY AGREEMENT. 

The Trustees may, from time to time, enter into Reciprocity Agreements with other 

Pension Funds. This will allow transfers back to the Home Local of contributions 

generated by a Participant for work in the jurisdiction of a Pension Plan which is not his 

Home Local, and vice versa. 

53 

LAB265_00171
ARTICLE X-AMENDMENT AND DURATION OF PLAN 

Section 10.1- RIGHT TO AMEND AND/OR TERMINATE. 

The Trustees hope and expect to continue the Plan indefinitely. However, the right to 

amend or terminate the Plan is reserved to the Trustees and the consent of any 

Participant or Annuitant is not required. No amendment shall cause or permit any part of 

the Fund to be diverted to purposes other than for the exclusive benefits of Participants 

or Annuitants. 

Section 10.2-TAX QUALIFICATION. 

The Trustees intend to obtain approval of the Director of Internal Revenue that the 

Revised Plan and Trust established in connection herewith is a qualified Plan and Trust 

under Sections 401(a) and 501(a) of the Internal Revenue Code of 1986, as amended to 

date, and will entitle any Employer to deduct its contributions to the Plan from its income 

for the purpose of computing Federal Income Tax under the provisions of Section 404 of 

the Internal Revenue Code of 1986, as now in effect or hereafter amended. Any 

amendment or modification of the Plan may be retro-actively by the Trustees, if 

necessary, or appropriate to qualify or maintain the Plan as a Plan and Trust meeting the 

requirements of Sections 401(a) and 501(a) and 404 of the Internal Revenue Code of 

1986, as now in effect or hereafter amended. 

Section 10.3- DURATION. 

This Plan shall continue so long as the Agreement and Declaration of Trust establishing 

said Plan shall remain operative. 

Section 10.4 - ADDITIONAL RIGHTS OF THE BOARD OF TRUSTEES. 

In addition to the right at any time to terminate the Plan and/or amend the Plan and 

Trust Agreement, the Board of Trustees shall also have the sole right any time to merge 

or consolidate with, any other qualified Plan and Trust Fund, to transfer the assets and 

liabilities of the Plan and Trust Fund to any other qualified plan and trust or receive the 

assets and liabilities of any other qualified plan and trust fund. All such actions shall be 

done by the Board of Trustees in their sole discretion and must be adopted in writing. 

54 

LAB265_00172
ARTICLE XI-TERMINATION 

Section 11.1-CONTINUATION OF PLAN. 

The withdrawal or elimination of some (but not all) groups of Employees from the Plan 

shall not constitute a termination of this Plan, which shall continue to exist for the benefit 

of other Employees remaining in or subsequently brought under said continuing Plan. 

Section 11.2-TERMINATION OR PARTIAL TERMINATION. 

In the event of the termination or partial termination of this Plan and Trust, the rights of 

each Participant to benefits accrued to the date of such termination shall be nonforfeitable to the extent then funded, and the Trust Fund shall be allocated among the 

Participants and Beneficiaries in the following order: 

a) First, in the case of benefits payable under this Plan and Trust as an 

annuity and only to the extent that benefits have not been fully purchased: 

i) in the case of the benefit of a Participant or Beneficiary who was 

receiving a benefit as of the beginning of the three (3) year period, ending 

on the termination date of this Plan, to each such benefit, based on the 

provisions of this Plan (as in effect during the five (5) year period ending 

on such date) under which such benefit would be the least, 

ii) in the case of a Participant's or Beneficiary's benefit (other than a 

benefit described in Section 11.2(a)(i) above) which would have been 

paid as of the beginning of such three (3) year period if the Participant 

had retired prior to the beginning of such three (3) year period and if his 

benefits had commenced (in the normal form of distribution) as of the 

beginning of such period, to each such benefit based on the provisions of 

this Plan (as in effect during the five (5) year period ending on such date) 

under which such benefit would be the least. 

b) Second, to all other benefits under this Plan subject to guarantee by the 

Pension Benefit Guaranty Corporation. 

55 

LAB265_00173
c) Third, to all other non-forfeitable benefits under this Plan not subject to 

guarantee by the Pension Benefit Guaranty Corporation. 

d) Fourth, to all other benefits under this Plan. 

56 

LAB265_00174
ARTICLE XII-REQUIRED MINIMUM DISTRIBUTIONS 

Section 12.1-REQUIRED BEGINNING DATE. 

The Participant's entire interest will be distributed, or begin to be distributed, to the 

Participant no later than the Participant's required beginning date. 

Section 12.2- DEATH OF PARTICIPANT BEFORE DISTRIBUTIONS BEGIN. 

If the Participant dies before distributions begin, the Participant's entire interest will be 

distributed, or begin to be distributed, no later than as follows: 

a) If the Participant's Surviving Spouse is the Participant's sole designated Beneficiary, 

distributions to the Surviving Spouse will begin by December 31 of the calendar year 

immediately following the calendar year in which the Participant died, or by 

December 31 of the calendar year in which Participant would have attained age 701⁄2, 

if later. 

b) If the Participant's Surviving Spouse is not the Participant's sole designated 

Beneficiary, distributions to the designated Beneficiary will begin by December 31 of 

the calendar year immediately following the calendar year in which Participant died. 

c) If there is no designated Beneficiary as of September 30 of the year following the 

year of the Participant's death, the Participant's entire interest will be distributed by 

December 31 of the calendar year containing the fifth anniversary of the Participant's 

death. 

d) If the Participant's Surviving Spouse is the Participant's sole designated Beneficiary 

and the Surviving Spouse dies after the Participant but before distributions to the 

Surviving Spouse begin, this Section 12.2, other than Section 12.2(a}, will apply as if 

the Surviving Spouse were the Participant. For purposes of this Section 12.2 and 

Required Minimum Distributions are considered to begin on the Participant's required 

beginning date (or, if Section 12.2(d) applies, the date distributions are required to 

begin to the Surviving Spouse under Section 12.2(a)). If annuity payments 

irrevocably commence to the Participant before the Participant's required beginning 

date (or to the Participant's Surviving Spouse before the date distributions are 

57 

LAB265_00175
required to begin to the Surviving Spouse under Section 12.2(a)), the date 

distributions are considered to begin is the date distributions actually commence. 

Section 12.3 - FORM OF DISTRIBUTION. 

Unless the Participant's interest is distributed in the form of an annuity purchased from 

an insurance company or in a single sum on or before the required beginning date, as of 

the first distribution calendar year distributions will be made in accordance with this 

article. It the Participant's interest is distributed in the form of an annuity purchased from 

an insurance company, distributions thereunder will be made in accordance with the 

requirements of Code Section 401 (a)(9) and the Treasury Regulations. Any part of the 

Participant's interest that is in the form of an individual account described in Code 

, Section 414(k) will be distributed in a manner satisfying the requirements of Code 

Section 401(a)(9) and Treasury Regulations that apply to individual accounts. 

Section 12.4 - GENERAL ANNUITY REQUIREMENTS. 

If the Participant's interest is paid in the form of annuity distributions under the Plan, 

payments under the annuity will satisfy the following requirements: 

a) The annuity distributions will be paid in periodic payments made at intervals not 

longer than one ( 1 ) year; 

b) The distribution period will be over a life (or lives) or over a period certain not longer 

than the period described below; 

c) Once payments have begun over a period certain, the period certain will not be 

changed even if the period certain is shorter than the maximum permitted; 

d) Payments will either be non-increasing or increase only as follows: 

1) by an annual percentage increase that does not exceed the annual percentage 

increase in a cost-of-living index that is based on prices of all items and issued 

by the Bureau of Labor Statistics; 

2) to the extent of the reduction in the amount of the Participant's payments to 

provide for a survivor benefit upon death, but only if the Beneficiary whose life 

58 

LAB265_00176
was being used to determine the distribution period dies or is no longer the 

Participant's Beneficiary pursuant to a Qualified Domestic Relations Order within 

the meaning of Code Section 414(p); 

i) to provide cash refunds of Employee contributions upon the Participant's 

death; or 

ii) to pay increased benefits that result from a plan amendment. 

Section 12.5 - AMOUNT REQUIRED TO BE DISTRIBUTED BY REQUIRED 

BEGINNING DATE. 

The amount that must be distributed on or before the Participant's required beginning 

date (or, if the Participant dies before distributions begin, the date distributions are 

required to begin under 12.2(a) or(b)) is the payment that is required for one (1) payment 

interval. The second payment need not be made until the end of the next payment 

interval even if that payment interval ends in the next calendar year. Payment intervals 

are the periods for which payments are received, e.g., bi-monthly, monthly, semiannually, or annually. All of the Participant's benefit accruals as of the last day of the 

first distribution calendar year will be included in the calculation of the amount of the 

annuity payments for payment intervals ending on or after the Participant's required 

beginning date. 

Section 12.6 - ADDITIONAL ACCRUALS AFTER FIRST DISTRIBUTION CALENDAR 

YEAR. 

Any additional benefits accruing to the Participant in a calendar year after the first 

distribution calendar year will be distributed beginning with the first payment interval 

ending in the calendar year immediately following the calendar year in which such 

amount accrues. 

REQUIREMENTS FOR ANNUITY DISTRIBUTIONS THAT COMMENCE DURING 

PARTICIPANT'S LIFETIME 

59 

LAB265_00177
Section 12.7 - JOINT LIFE ANNUITIES WHERE THE BENEFICIARY IS NOT THE 

PARTICIPANT'S SPOUSE. 

If the Participant's interest is being distributed in the form of a Joint and Survivor Annuity 

for the joint lives of the Participant and a non-Spouse Beneficiary, annuity payments to 

be made on or after the Participant's required beginning date to the designated 

Beneficiary after the Participant's death must not at any time exceed the applicable 

percentage of the annuity payment for such period that would have been payable to the 

Participant using the table set forth in Q&A-2 of Treasury Regulation §1.401 (a)(9)-6T. If 

the form of distribution combines a Joint and Survivor Annuity for the joint lives of the 

Participant and a non-Spouse Beneficiary and a period certain annuity, the requirement 

in the preceding sentence will apply to annuity payments to be made to the designated 

Beneficiary after the expiration of the period certain. 

Section 12.8- PERIOD CERTAIN ANNUITIES. 

Unless the Participant's Spouse is the sole designated Beneficiary and the form of 

distribution is a period certain and no life annuity, the period certain for an annuity 

distribution commencing during the Participant's lifetime may not exceed the applicable 

distribution period for the Participant under the Uniform Lifetime Table set forth in 

Treasury Regulation §1.401 (a)(9)-9 for the calendar year that contains the Annuity 

Starting Date. If •the Annuity Starting Date precedes the year in which the Participant 

reaches age 70, the applicable distribution period for the Participant is the distribution 

period for age 70 under the Uniform Lifetime Table set forth in Treasury Regulations 

§1.401(a)(9)-9 of the plus the excess of 70 over the age of the Participant as of the 

Participant's birthday in the year that contains the Annuity Starting Date. If the 

Participant's Spouse is the Participant's sole designated Beneficiary and the form of 

distribution is a period certain and no life annuity, the period certain may not exceed the 

longer of the Participant's applicable distribution period, as determined under this 

Section, or the joint life and last survivor expectancy of the Participant and the 

Participant's Spouse as determined under the Joint and Last Survivor Table set forth in 

Treasury Regulation §1.401(a)(9)-9, using the Participant's and Spouse's attained ages 

as of the Participant's and Spouse's birthdays in the calendar year that contains the 

Annuity Starting Date. 

60 

LAB265_00178
REQUIREMENTS FOR MINIMUM DISTRIBUTIONS WHERE PARTICIPANT DIES 

BEFORE DATE DISTRIBUTIONS BEGIN 

Section 12.9 - PARTICIPANT SURVIVED BY DESIGNATED BENEFICIARY. 

If the Participant dies before the date distribution of his or interest begins and there is a 

designated Beneficiary, the Participant's entire interest will be distributed, beginning no 

later than the time the described above in Section 12.2(a) or (b), over the life of the 

designated Beneficiary or over a period certain not exceeding: 

a) Unless the Annuity Starting Date is before the first distribution calendar year, the life 

expectancy of the designated Beneficiary determined using the Beneficiary's age as 

of the Beneficiary's birthday in the calendar year immediately following the calendar 

year of the Participant's death; or 

b) If the Annuity Starting Date is before the first distribution calendar year, the life 

expectancy of the designated Beneficiary determined using the Beneficiary's birthday 

in the calendar year that contains the Annuity Starting Date. 

Section 12.10 - NO DESIGNATED BENEFICIARY. 

If the Participant dies before the date distributions begin and there is no designated 

Beneficiary as of September 30 of the year of the Participant's death, distribution of the 

Participant's entire interest will be completed by December 31 of the calendar year 

containing the fifth anniversary of the Participant's death. 

Section 12.11-DEATH OF SURVIVING SPOUSE BEFORE DISTRIBUTIONS TO 

SURVIVING SPOUSE BEGIN. 

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

Participant's Surviving Spouse is the Participant's sole designated Beneficiary, and the 

Surviving Spouse dies before distributions to the Surviving Spouse begin, this Section 

will apply as if the Surviving Spouse were the Participant, except that the time by which 

distributions must begin will be determined without regard to Section 12.2(a). 

61 

LAB265_00179
Section 12.12- LIFE EXPECTANCY. 

Life expectancy as computed by use of the Single Life Table in Treasury Regulation 

§1.401 (a)(9)-9. 

62 

LAB265_00180
ARTICLE XIII-ADMINISTRATION 

Section 13.1 - ADMINISTRATION BY TRUSTEES. 

The Plan shall be administered by the Trustees. All action by the Trustees shall be by 

majority decision in the same manner as provided in Article V of the Pension Trust 

Agreement establishing the Laborers Local No. 265 Pension Fund. 

Section 13.2-TRUSTEE OBLIGATION. 

All Fiduciaries under the Plan shall discharge their duties with respect to the Plan solely 

in the interests of the Participants, former Participants, retired Participants and 

Beneficiaries, and shall act exclusively for the purpose of providing benefits to 

Participants and Beneficiaries and defraying reasonable expenses of the Plan with the 

care, skill, prudence and diligence under the circumstances then 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 purposes. Except as aforesaid, 

and unless otherwise provided by law, a Fiduciary shall not be liable for any mistake of 

judgment or other action taken in good faith or for any loss, unless such loss results from 

his own willful misconduct or gross negligence, or knowingly permitting a willful 

misconduct or gross negligence of any other Trustee. 

Section 13.3 - TRUSTEE POWERS. 

The Trustees shall have such powers as are necessary for proper administration of the 

Plan, including (but not limited to) the following: 

a) To prescribe procedures to be followed by Employees in filing application 

for benefits and for the furnishing of evidence necessary to establish Employees' 

rights to benefits under the Plan; 

b) The Fiduciaries shall have the sole and absolute discretion to interpret 

and administer the Plan; to determine eligibility for benefits, including the amount 

of benefits; and to decide all questions that may arise or that may be raised 

63 

LAB265_00181
under this Plan. The decisions of the Fiduciaries shall be binding upon all 

persons to the maximum extent permitted under ERISA; 

c) To develop procedures for the establishment of Credited Service of 

Employees, and after affording Employees an opportunity to make objection with 

respect thereto, to establish such facts conclusively in advance of retirement; 

d) To obtain from the Employers, from the Union and from the Employees 

such information as shall be necessary for proper administration of the Plan; 

e) To establish a formula for the determination of benefits, and authorize 

benefit payments from the Pension Fund to all Employees entitled to benefits 

under the Plan; and to authorize expenses incident to administration of the Plan; 

f) To prepare and distribute in accordance with the provisions of ERISA and 

all applicable law, all information concerning the Plan to Participants from time to 

time as applicable law may require; 

g) To furnish to Employers and to the Union, upon request, such reports with 

respect to the administration of the Plan as are reasonable and appropriate; 

h} To collect, evaluate, analyze and prepare statistical and other data with 

respect to administration of the Plan, and to make an annual report which shall 

review, analyze and summarize the operation of the Plan; 

i) To enter into written reciprocal agreements with other duly qualified 

Pension Funds covering the transfer of money and service credits of Participants. 

j) The Trustees and each of them shall be entitled to rely upon the 

correctness of any information furnished by the Actuary, the Union or the 

Employers. Neither the Trustees nor any of them, nor the Union, nor any officer 

or other representative of the Employers, shall be liable because of any act or 

failure to act on the part of the Trustees or any of them to any person 

64 

LAB265_00182
whomsoever, except that nothing herein shall be deemed to relieve any such 

individual from liability for his own fraud or bad faith; 

k) Any case referred to the Trustees on which they have no power to rule 

shall be referred to the parties without ruling; 

I) No ruling or decision of the Trustees in one case shall create a basis for a 

retro-active adjustment of any previously decided case; and 

m) To take any other action permitted by the terms of the Trust that they 

deem necessary or helpful to carry out the purposes of the Plan and Trust. 

65 

LAB265_00183
ARTICLE XIV-MISCELLANEOUS 

Section 14.1 - EMPLOYEE INFORMATION. 

The Trustees may require any Employee to furnish proof or information relative to age, 

wages and benefits paid or payable to such Employees from other sources. In the event 

that incorrect information is furnished by an Employee to the Trustees, the Trustees shall 

have the power to make such adjustment in the Employee's pension as shall be deemed 

proper by the Trustees on the basis of information in the Trustees' files. 

Section 14.2 - EMPLOYEE RIGHTS. 

No Employee, group of Employees or other persons shall have any interest in, or right 

to, any part of the principal or earnings of the Pension Fund, or in the assets of the 

Pension Fund, but the same shall be administered solely in accordance with the 

provisions of the Plan and the Agreement and Declaration of Trust. 

Section 14.3 - CONTRACT OF EMPLOYMENT. 

Nothing contained in this Plan shall be construed as a contract of employment between 

' any Employer and any Employee, or as granting the right of any Employee to be 

continued in the employment of any Employer, or as a limitation on the right of the 

Employer to terminate the employment of an Employee at any time. 

Section 14.4- EMPLOYER/EMPLOYEE RELATIONSHIP. 

An Employer's right to discipline or discharge Employees shall not be affected by reason 

of existence of this Plan, or by reason of any of the provisions of this Plan. No matter 

respecting the Provisions of the Plan shall be subject to the grievance procedure 

established in the Collective Bargain~ng Agreement. 

Section 14.5 - CLAIMS AND APPEALS PROCEDURE. 

The Trustees shall provide forms necessary for the following purposes: 

a) To make application for pension benefits; 

b) To designate beneficiary or beneficiaries; 

c) To elect the method of payment of retirement benefits. 

66 

LAB265_00184
The Trustees shall pass upon all written applications for pension benefits and the 

supporting evidence required by the Trustees. In the event an application for pension 

benefit is denied, or modified, the applicant shall be notified of such action by the 

Trustees in writing, together with the reasons therefore, and explaining appeal rights, 

and provided that the applicant gives a written notice to the Trustees of a request for a 

hearing, he shall be given an opportunity to present additional evidence within a 

reasonable time. Should the Trustees determine that such additional evidence is still 

insufficient to establish an applicant's right to pension benefits, he shall be notified in 

writing and shall be given an opportunity to appear before the Board of Trustees to 

present any other evidence he deems relevant to the application. 

The Trustees hereby adopt the claim and appeals process set forth in 

Department of Labor Regulation 2560. 503-1. 

To appeal the denial of a Plan benefit, a written notice must be filed with the 

Benefit Office within sixt}' (60) days of the date the denial of the claim was received. A 

Participant may submit written comments, documents, records, and other information 

relating to the claim to the Board of Trustees. 

In the event of a discrepancy between the records maintained by the Plan and 

claims asserted by a Participant, an Employee, a Retiree, or any other person or entity, 

the Trustees shall rely upon the records established and maintained by the Plan unless 

shown, to their satisfaction, of which they shall have sole discretion, that said records 

shall be modified. The burden of proving a claim for benefits which differs from the 

records established and maintained by the Plan shall be upon the Participant, employer, 

retiree, or any other person or entity. 

A Participant can legally authorize someone else to file a request for review and 

otherwise act on his or her behalf. The Participant and/or representative can review 

' 

material in the Plan's files that are related to the Participant's claim. A Participant may 

make a written request for a personal appearance at a hearing before the Board of 

Trustees or have his or her legal representative appear on his or her behalf, at the 

Participant's own expense. In the case of a Disability determination based in whole or in 

part of a medical judgment, a health care professional who has appropriate training and 

expertise in the field of medicine, and who was not consulted in connection with the 

initial application will be consulted. Any medical or vocational expert(s) whose advice 

was obtained in connection with the adverse determination will be identified. 

67 

LAB265_00185
The Board of Trustees will advise the Participant of its decision in writing as soon 

as possible, but not later than one~hundred twenty (120) days after receipt of a request 

for a review. The decision of the Board of Trustees will state the specific reason or 

reasons for the determination and refer to the specific Plan provisions on which the 

benefit determination is based. Any denial will be accompanied by: 

a) a statement that the Participant is entitled to receive, upon request and 

free of charge, reasonable access to, and copies of, all documents, 

records, and other information relevant to the claimant's claim for 

benefits; 

b) a statement apprising the Participant that he may have voluntary dispute 

resolutions options and contact information for the same; and 

c) a statement of the right to bring a civil action under Section 502(a) of 

ERISA. 

The Trustees shall full authority to interpret the provisions of this Plan and it is 

within the sole and absolute discretion of the Trustees to determine if a Participant is 

entitled to receive a benefit and the amount of the benefit. The decision will be final and 

binding. 

If a Participant has exhausted your claim review and appeals rights under the 

procedures set forth in this section, he or she may pursue any other legal remedies 

available, which may include bringing a civil action under ERISA Section 502(a) for 

judicial review of the adverse determination regarding the claim in order to recover 

benefits under the Plan's terms, to enforce rights under the Plan's terms, or to clarify 

rights to future benefits under the Plan. 

Three Year Limitation Period. No action at law or in equity shall be brought by 

any Participant or Beneficiary after the expiration of three (3) years from the date the 

Board provides written notice of a decision on an appeal of an adverse benefit 

determination. Failure to bring an action within this three (3) year period shall forever 

bar such action. 

Section 14.6 - ACTIONS OF THE TRUSTEES. 

The Trustees shall be the sole judges of: 

a) The standard of proof required in any case; 

b) The application and interpretation of this Plan; 

c) The eligibility for or amounts of pension benefits; 

68 

LAB265_00186
d) The granting of pension credits. 

The decisions of the Trustees with respect to all conditions specified under this Section 

shall not be subject to the grievance procedure established in the Collective Bargaining · 

Agreement. 

Section 14.7-PERIODIC ACTUARIAL CALCULATION. 

This Plan has been adopted on the basis of an actuarial calculation, which has been 

established to the extent possible that the contributions will, if continued, be sufficient to 

maintain the Plan on a permanent basis. However, it is recognized that the benefits 

provided by this Pension Plan can be paid only to the extent that the Plan has available 

adequate resources for those payments. 

Consequently, the Trustees shall have prepared at periodic intervals an actuarial 

evaluation of the Fund, with the interval between such evaluations not to exceed the 

time permitted by any applicable law. Such evaluations shall be performed by a Firm, or 

at least one of whose members or Employees must be an Enrolled Actuary. 

Section 14.8 - INCOMPETENCE OF PENSIONER. 

In the event that it is determined that a Pensioner is unable to manage his affairs 

because of illness, accident or incapacity, either mental or physical, any payment due 

may be applied, in the discretion of the Trustees, to the maintenance and support of 

such Pensioner (unless and until proper claim shall be made therefore by a legally 

appointed guardian, committee or legal representative). 

Section 14.9- BENEFIT PAYMENTS REVERT TO FUND. 

If any benefit payment made by the Trustees out of the Pension Fund be unclaimed for a 

period of three (3) years, it shall revert to and become a part of the said Pension Fund, 

but must be reinstated if a claim for benefits is made by a Participant or Beneficiaries for 

the forfeited amount. 

69 

LAB265_00187
Section 14.10-MERGER OR CONSOLIDATION. 

In the case of merger or consolidation with, or transfer of assets or liabilities to any other 

Plan, each Participant shall receive a benefit immediately after the merger, 

consolidation, or transfer (if the Plan then terminated) which is at least equal to or 

greater than the benefit he was entitled to immediately before the merger, consolidation, 

or transfer, etc. (if the Plan had terminated). 

Section 14.11-PROSPECTIVE OPERATION. 

The provisions of this Plan, and any subsequent amendments thereto, shall operate 

prospectively only, from and after the effective date of this revised and restated Plan, or 

the effective date of any amendments as the case may be. None of the provisions of this 

revised Plan shall be given any retro-active effect, and no Participant, active or retired, 

or Beneficiary, or any representative of a deceased Participant may claim a greater 

benefit than was previously determined under the Plan provisions in effect at the time of 

such determination. 

Section 14.12 - UNIFORMED SERVICES EMPLOYMENT AND RE-EMPLOYMENT 

RIGHTS ACT. 

On or after October 13, 1994, the Trustees hereby amend the Pension Plan to comply 

with the requirements of the Uniformed Services Employment and Re-Employment 

Rights Act of 1994. 

A. Reinstatement and Credit After Service in the Uniformed Services of the 

United States. 

1. If an Eligible Employee leaves Covered Employment to enter 

active duty in the uniformed services of the United States in 

compliance with the requirements of the Uniform Services 

Employment and Re-Employment Rights Act, he shall not suffer a 

Break in Service during said period of active duty but limited by 

the conditions contained in the Act. 

2. Upon said Employee's release from active duty under 

circumstances entitling him to re-employment under federal law 

70 

LAB265_00188
and his return to work with a Contributing Employer within the time 

prescribed by federal law, said Employee will be granted vesting 

credit and benefit accrual for the period served by said person in 

the uniform services in compliance with the requirements of the 

Uniform Services Employment and Re-Employment Rights Act. 

Said circumstances include but are not limited to the following: 

a) The Participant must notify the Fund Office in writing 

before entering active duty to preserve said rights under 

the Act and under the Plan. 

b) Time on active duty does not exceed five (5) years. 

c) The Participant is released from active duty under 

honorable discharge conditions. 

d) Said Participant must apply for work and Covered 

Employment under the Plan and notify the Fund Office 

within ninety (90) days of being released from active duty. 

3. The Fund shall assume funding liability for all periods of military 

service required to be credited under this Section of the Plan. 

4. Notwithstanding any provision of this Plan to the contrary, 

contributions, benefits and service credit with respect to qualified military 

service will be provided in accordance with IRC Section 414(u). 

5. In the case of a Participant who dies while performing qualified 

military service on or after January 1, 2007, the Participant's survivor(s) 

shall be entitled to pre-retirement death benefits provided under the Plan 

(other than benefit accruals relating to the period of qualified military 

service) as if the Participant had resumed active employment with the 

Employer and then terminated employment with the Employer on account 

of death. Vesting Service will be granted for time spent in qualified 

military service. Benefit accrual will not be granted for time spent in 

qualified military service. 

71 

LAB265_00189
Section 14.13 - ASSETS AND LIABILITIES. 

A Pension Trust Agreement has been executed between the Employers and the Union 

and subscribed and accepted by the Trustees under the terms of which a Pension Fund 

shall be established to receive and hold contributions payable by the Employers under 

this Plan, interest and other income and to pay the benefits provided under said Plan 

and the expense of operation of the Plan. 

Section 14.14 - NON-REVERSION. 

The Employers shall have no right, title or interest in the contributions made by them or 

any of them to the Pension Fund and no part of the Pension Fund shall revert to the 

Employers or to any of them. 

Section 14.15- EMPLOYER LIABILITY. 

The benefits of this Plan shall be only such as can be provided by the assets of the 

Pension Fund and there shall be no liability or obligations hereunder on the part of the 

Employers to make any further contributions to the Pension Fund in the event of 

termination of this Plan, with the exception of employer withdrawal liability or where other 

liability is established by law. 

72 

LAB265_00190
ARTICLE XV-EMPLOYER WITHDRAWAL LIABILITY 

Section 15.1 - COMPLETE WITHDRAWAL DEFINED. 

A complete withdrawal occurs if an Employer ceases to have an obligation to contribute 

to the Plan, and the Employer continues to perform work in the jurisdiction of the 

Collective Bargaining Agreement of the type for which contributions were previously 

required, or resumes such work within five years after the date ori which the obligation to 

contribute to the Plan ceased, and does not renew the obligation at the time of such 

resumption. 

a) For this purpose, an Employer's obligation to contribute is not considered to have 

ceased solely because: 

1) the Employer is not, at the particular time, engaged in activity for which it has a 

contractual obligation to contribute, 

2) the Employer ceases to exist by reason of (i) a change in corporate structure 

described in section 4069(b) of ERISA or (ii) a change to an unincorporated form 

of business enterprise, provided (in either case) the change causes no 

interruption in Employer contributions or obligation to contribute to the Plan, or 

3) the Employer suspends contributions during a labor dispute involving its 

Employees. 

b) The date of a complete withdrawal is the date the Employer's obligation to contribute 

ceased. 

Section 15.2 - PARTIAL WITHDRAWAL DEFINED 

a) A partial withdrawal occurs on the last day of the Plan Year in which the Employer's 

work mix within the craft and area jurisdiction of a Collective Bargaining Agreement 

under which the Employer is obligated to contribute to the Plan changes, with the 

result being a 70% contribution decline. 

1) A partial withdrawal shall be determined on the basis of the Employer's work mix 

within a period of three consecutive Plan Years ("Test Period") compared to its 

73 

LAB265_00191
work mix within the five Plan Years ("Base Period") preceding the Test Period. A 

partial withdrawal shall be deemed to have occurred if the hours of work on the 

basis of which the Employer has been obligated to contribute to the Plan are, for 

each of the three years in the Test Period, less than 30 percent of what they had 

been, on average, in the two Base Period years in which such hours had been 

highest. 

b) A partial withdrawal may also occur, in some cases, on the last day of the Plan Year 

if, for such Plan Year, there is a partial cessation of the Employer's contribution 

obligation. There is a partial cessation of the Employer's contribution obligation for 

the Plan Year if, during such year: 

1) The Employer permanently ceases to have an obligation to contribute under one 

or more but fewer than all Collective Bargaining Agreements under which the 

Employer has been obligated to contribute under the plan but continues to 

perform work in the jurisdiction of the Collective Bargaining Agreement of the 

type for which contributions were previously required or transfers such work to 

another location or to an entity or entities owned or controlled by the Employer, 

or 

2) An Employer permanently ceases to have an obligation to contribute under the 

Plan with respect to work performed at one or more but fewer than all, of its 

facilities, but continues to perform work at the facility of the type for which the 

obligation to contribute ceased. 

Section 15.3- CALCULATION OF WITHDRAWAL LIABILITY. 

An Employer's withdrawal liability shall be equal to the sum of (a), (b), and (c) below, but 

shall be subject to (d). 

a) Withdrawal liability for Plan Years ending after September 25, 1980. This amount is 

equal to the sum of the Employer's withdrawal liability for each of the Plan Years 

ending after September 25, 1980 and before the Plan Year of withdrawal. The 

Employer's withdrawal liability for any Plan Year shall be equal to (1) reduced by (2), 

and multiplied by (3) below. 

74 

LAB265_00192
1) The change in unfunded Vested benefits for the given Plan Year. The change in 

unfunded Vested benefits is equal to the unfunded Vested benefits as of the end 

of the given Plan Year, less the sum of (i) and (ii) below. 

i) The unfunded Vested benefits on the last day of the last Plan Year ending 

before September 26, 1980, reduced by 5 percent for each Plan Year ending 

after September 25, 1980 and before the given Plan Year. 

ii) The sum of the changes in the unfunded Vested benefits for each Plan Year 

ending after September 25, 1980 and ending before the given Plan Year 

(each such change reduced by 5 percent for each Plan Year ending after the 

Plan Year for which the change is being determined and before the given 

Plan Year). 

2) Five percent for each Plan Year ending after the .given Plan Year and before the 

Plan Year of withdrawal. 

3) A fraction, the numerator of which is the total amount required to be contributed 

under the Plan by the Employer for the last five Plan Years ending with the given 

Plan Year, and the denominator of which is the total amount contributed under 

the Plan by all Employers for the five Plan Years ending with the given Plan 

Year, reduced by contributions made in such years by Employers who with.drew 

from the Plan during such years. 

However, notwithstanding the provisions of (a)(3), contributions of all Employers 

that permanently cease to have an obligation to contribute to the Plan or 

permanently cease covered operations before the end of the period of Plan 

Years used to determine the fractions for allocating unfunded Vested benefits 

(and contributions of all Employers that withdrew from the Plan prior to 

September 26, 1980) shall be excluded from the denominators of the fractions. 

b) The Employer's withdrawal liability for Plan Years ending before September 26, 

1980. The Employer's pre-September 26, 1980 withdrawal liability shall be equal to 

(1) reduced by (2), and multiplied by (3) below. 

75 

LAB265_00193
1) The unfunded Vested benefits on the last day of the last Plan Year ending before 

September 26, 1980. 

2) Five percent for each Plan Year ending after September 25, 1980 and before the 

Plan Year of withdrawal. 

3) A fraction, the numerator of which is the total amount required to be contributed 

under the Plan by the Employer for the last five Plan Years ending before 

September 26, 1980, and the denominator of which is the total contributions for 

the $ame five Plan Years made by all Employers that 

i) were required to contribute for the first Plan Year ending on or after 

September 25, 1980 and 

ii) had not withdrawn from the Plan before September 26, 1980. 

However, notwithstanding the provisions of (b)(3), contributions of all Employers that 

permanently cease to have an obligation to contribute to the Plan or permanently 

cease covered operations before the end of the period of Plan Years used to 

determine the fractions for allocating unfunded Vested benefits (and contributions of 

all Employers that withdrew from the Plan prior to September 26, 1980) shall be 

excluded from the denominators of the fractions. 

c) The Employer's withdrawal liability for reallocated unfunded Vested benefits. This 

amount is equal to the sum of the Employer's withdrawal liability for reallocated 

unfunded Vested benefits for each Plan Year ending before the Plan Year in which 

the Employer withdraws from the Plan. The Employer's withdrawal liability for 

reallocated unfunded Vested benefits for any Plan Year shall be equal to ( 1) reduced 

by (2), and multiplied by (3) below. 

1) The reallocated unfunded Vested benefits for the given Plan Year. The 

reallocated unfunded Vested benefits are equal to the sum of the following 

amounts that the Trustees determine in that year 

i) to be uncollectable from an Employer because of bankruptcy or similar 

proceedings, 

ii) will not be assessed because of the de minimis rules, the sale of assets rules, 

the 20-year payment cap, or the dollar limitations on liability, and 

76 

LAB265_00194
iii) to be uncollectable or unassessable for other reasons that are not 

inconsistent with regulations issued by the Pension Benefit Guaranty 

Corporation ("PBGC"). 

2) Five percent of the reallocated unfunded Vested benefits for each Plan Year 

ending after the given Plan Year and before the Plan Year of withdrawal. 

3) A fraction, the numerator of which is the total amount required to be contributed 

under the Plan by the Employer for the last five Plan Years ending with the given 

Plan Year, and the denominator of which is the total amount contributed under 

the Plan by all Employers for the five Plan Years ending with the given Plan 

Year, reduced by contributions made in such years by Employers who withdrew 

from the Plan during such years. 

However, notwithstanding the provisions of (c)(3), contributions of all Employers that 

permanently cease to have an obligation to contribute to the Plan or permanently 

cease covered operations before the end of the period of Plan Years used to 

determine the fractions for alloc·aung unfunded Vested benefits (and contributions of 

all Employers that withdrew from the Plan prior to September 26, 1980) shall be 

excluded from the denominators of the fractions. 

d) Liability for a Partial Withdrawal. The Employer's liability for a partial withdrawal shall 

be the amount determined pursuant to (a)-(c) above, multiplied by one minus the 

following fraction: the numerator is the total hours for which the Employer was 

obligated to contribute for the Plan Year following the Test Period of the partial 

withdrawal, and the denominator is the average of the annual total hours for which 

the Employer was obligated to contribute for each year in the five Plan Years prior to 

the Plan Year of the partial withdrawal. 

If there is a partial withdrawal as defined in (a) of Section II (Partial Withdrawal Defined), 

the Plan Year of the partial withdrawal is the last day of the first Plan Year in the Test 

Period. 

If there is a partial withdrawal as defined in (b) of Section II (Partial Withdrawal Defined), 

the Plan Year of the partial withdrawal is the Plan Year in which the Employer 

77 

LAB265_00195
permanently ceases to have an obligation to contribute under one or more but fewer 

than all Collective Bargaining Agreements. 

Section 15.4- DE MINIMIS REDUCTION OF WITHDRAWAL LIABILITY. 

The unfunded Vested benefits allocable to an Employer who withdraws from the Plan 

shall be reduced (but not below zero) by the lesser of (a) or (b), reduced by (c) below. 

a) 3⁄4 of 1 percent of the Plan's unfunded Vested benefits (determined as of the end of 

the Plan Year ending before the date of withdrawal). 

b) $50,000. 

c) Any amount by which the unfunded Vested benefits allocable to the Employer 

exceeds $100,000. 

The de minimis reduction does not apply in the event of a withdrawal of all or 

substantially all Employers that contribute to the Plan, as more fully described in 

section 4209(c) of ERISA. 

Section 15.5 - ACTUARIAL ASSUMPTIONS. 

Withdrawal liability shall be determined based on the actuarial assumptions and 

methods that are used in the Employer withdrawal liability report prepared by the actuary ) 

for the Plan for the Plan Year in which the withdrawal occurred. 

Section 15.6 - PAYMENT OF WITHDRAWAL LIABILITY. 

The unfunded Vested benefits allocable to an Employer that withdraws from the Plan 

shall be paid as follows: 

a) The amount of payment shall be calculated as follows: 

1) Except as provided in (2) and (4) below, and in (c) and (d) below, an Employer 

shall pay the amount determined under Section 15.3, reduced according to the 

provisions of Section 15.4 and appropriately adjusted for partial withdrawal 

according to the provisions of ERISA. The Employer will make level annual 

payments in an amount determined under (3) below. The level annual payments 

will be paid over a period of years required to amortize the amount payable by 

78 

LAB265_00196
the Employer. The amortization period will be calculated as if the first payment 

were made on the first day of the Plan Year following the Plan Year in which 

withdrawal occurs and as if each subsequent payment were made on the first 

day of each subsequent Plan Year. The amortization period shall be based on 

the interest rate used for the actuarial valuation of the Plan for the Plan Year in 

which the withdrawal occurred. 

2) If the amortization period described in (1) above exceeds 20 years, the liability of 

the Employer shall be limited to the first 20 annual payments determined in (3) 

below. 

3) Except as provided in (5) below, the amount of each annual payment shall be the 

product of (i) and (ii) below: 

i) The average annual number of contribution hours for the three consecutive 

Plan Years, during the 10 consecutive Plan Years ending before the Plan 

Year in which withdrawal occurs, in which the number of contribution hours 

for which the Employer has an obligation to contribute to the Plan is highest, 

and 

ii) The highest contribution rate at which the Employer had an obligation to 

contribute to the Plan during the 10 Plan Years ending with the Plan Year in 

which the withdrawal occurs. 

4) In the event of withdrawal of all or substantially all Employers that contribute to 

the Plan, (2) above shall not apply, and total unfunded Vested benefits shall be 

allocated among all such Employers according to regulations issued by the 

PBGC. 

5) In the event of a partial withdrawal, the amount of annual payment will be 

adjusted according to the provisions of ERISA. 

b) Withdrawal liability shall be payable in equal monthly installments. Payment of 

withdrawal liability shall begin on the first day of the month that begins at least 1 0 

days after the date of notice of, and demand for, payment is sent to the Employer, 

notwithstanding the pendency of any review, arbitration or other proceedings. 

79 

LAB265_00197
c) An Employer shall be entitled to prepay its withdrawal liability and accrued interest 

without penalty. 

d) The Trustees may require that an Employer post a bond or provide the Plan other 

security for its payment of withdrawal liability if: 

1) The Employer is the subject of a petition under the Bankruptcy Code or similar 

proceeding~ under State or Federal law, or 

2) Substantially all of the Employer's assets are sold, distributed or transferred out 

of the jurisdiction of the court of the United States, or 

3) The credit rating of the Employer becomes impaired to the extent that the 

Trustees, in their discretion, determine that the likelihood of collecting withdrawal 

liability from the Employer is substantially diminished. 

e) In the event an Employer fails to make any payment when due, interest shall accrue 

on the payment from the due date until the date the payment is made. An Employer 

shall be considered in default if such Employer fails to make any payments when 

due, the Plan has notified the Employer of its failure to pay the liability when it was 

due, and the Employer has failed to pay the post-due installment within 60 days after 

the Employer receives notice from the Plan of such failure. An Employer may also be 

considered in default upon business shutdown, asset default, indication by said 

Employer of refusal or inability to make any payment or payments due, or any other 

circumstance reasonably deemed by the Board of Trustees that indicates that the 

Employer will be unable to pay the withdrawal liability. In the event of a default, the 

Trustees may require immediate payment of some or all the outstanding withdrawal 

liability payments that would otherwise be due in the future. For purposes of the 

foregoing, interest shall be charged from the date the payment was due to the date it 

is paid at an annual rate equal to the rate described in Section 15.6(a)(1). 

f) In any suit by the Plan to collect withdrawal liability, including a suit to enforce an 

arbitrator's award and a claim asserted by the Plan in an action brought by an 

Employer or other party, if judgment is awarded in favor of the Plan, the Employer 

80 

LAB265_00198
shall pay to the Plan, in addition to the unpaid liability and interest thereon as 

determined under subparagraph (d}, liquidated damages to the greater of: 

1) the amount of interest charged on the unpaid balance, or 

2) 20 percent of the unpaid amount awarded. 

The Employer shall also pay attorneys' fees and all costs incurred in the action, as 

awarded by the court. Nothing in the foregoing shall be construed as a waiver or 

limitation of the Plan's right to any other legal or equitable relief. 

Section 15.7- RESOLUTION OF DISPUTES. 

A dispute between the Employer and the Plan concerning a determination of withdrawal 

liability or withdrawal liability payments shall be resolved through arbitration. Either party 

can initiate the arbitration proceeding within a 60-day period following the earlier of (a) or 

(b} below. 

a} The date the Plan notifies the Employer of its decision after a reasonable review of 

any matter raised. 

b) 120 days after the date the Employer requests a review of the Plan's determination 

of withdrawal liability. 

The parties may jointly initiate arbitration within the 180-day period following the date of 

the Plan's initial notice and demand. 

Such arbitration proceedings shall be subject to and conducted in accordance with the 

provisions of section 4221 of ERISA and the regulations promulgated thereunder. 

Notwithstanding the foregoing, any arbitration proceedings initiated that involve the Plan 

shall be conducted according to the Multi-Employer Pension Plan Arbitration Rules for 

Withdrawal Liability Disputes, as issued by the American Arbitration Association and the 

International Foundation for Employee Benefit Plans. 

Section 15.8- FURNISHING INFORMATION TO EMPLOYERS. 

The Plan will provide the following withdrawal liability information to an Employer upon 

written request at no charge: 

81 

LAB265_00199
a) A withdrawal liability worksheet containing the general information necessary for the 

Employer to calculate their potential withdrawal liability. This worksheet does not 

contain information that is unique to the Employer. 

b) An estimate of the Employer's potential withdrawal liability. This estimate does not 

include the supporting details of the Employer's withdrawal liability calculation. 

If an Employer requests in writing for the Plan to provide an estimate of their potential 

withdrawal liability that includes information unique to the Employer along with the 

supporting details of the Employer's withdrawal liability calculation, then the Plan will 

require the Employer to pay the reasonable cost of preparing their potential withdrawal 

liability estimate. The Plan's current fee to provide such an estimate is $1,000.00. 

· Section 15.9 - MISCELLANEOUS 

a) Notwithstanding any other provisions hereof, if all or substantially all contributing 

Employers withdraw from the Plan pursuant to an agreement or arrangement, as 

determined under section 4209 and section 4219(c)(1 )(D) of ERISA, the withdrawal 

liability of each such Employer shall be adjusted in accordance with those sections of 

ERISA. 

b) With the exception of Section 15.2(8) and the portion of Section 15.3(0) that deals 

with partial cessation, Section 15.1 and Section 15.2 of these provisions do not apply 

to an Employer that is not a construction trades Employer. For this purpose, an 

Employer is a construction trades Employer if substantially all the Employees with 

respect to whom the Employer has an obligation to contribute to the Plan perform 

work in the building and construction industry, as defined by the PBGC. In the case 

an Employer that is not a construction trades Employer, whether a complete 

withdrawal or partial withdrawal has occurred, and the liability and payments for a 

partial withdrawal, will be determined in accordance with the applicable provisions of 

section 4203, section 4205, section 4208 and section 4219 of ERISA, provided, 

however, the method used to determine withdrawal liability for such Employer shall 

be that described in section 4211 (b) of ERISA ("presumptive method"). 

82 

LAB265_00200
c) For purposes of these provisions, all corporations, trades or businesses that are 

under common control (as defined in regulations issued by the PBGC), shall be 

considered a single Employer. 

d) If, after a partial withdrawal, an Employer again incurs liability for a complete or 

partial withdrawal, the liability incurred as a result of the later withdrawal(s) shall be 

adjusted to the extent necessary to avoid duplication of liability. In addition, if an 

Employer that has withdrawn from the Plan later renews the obligation to contribute, 

or if an Employer that has partially withdrawn later increases the share of its work in 

the craft and area jurisdiction of the Collective Bargaining Agreement under which 

the Employer is obligated to contribute to the Plan with the result being that the 

portion of such work that is covered under the Plan is determined by the Trustees of 

the Plan to be more than insubstantial, the unpaid balance of the Employer's liability 

incurred on account of the earlier withdrawal or partial withdrawal shall be reduced in 

accordance with regulations issued by the PBGC. 

e) If, following review, arbitration or other proceedings, the amount of the Employer's 

withdrawal liability is determined to be different from the amount in the notice and 

demand to the Employer, adjustment shall be made by reducing or increasing the 

number of installment payments due. If the Employer has paid more than the amount 

ultimately determined to be its withdrawal liability, the Plan shall refund the excess 

with interest at the rate used to determine the amortization period. 

f) Employers are required by statute to comply with all information requests made by 

the Plan, pursuant to section 4219 of ERISA. If an Employer should fail to satisfy an 

information request from the Plan, the Plan expressly reserves the right to presume 

that the information then held by the Plan is true and correct, to include but not 

limited to a presumption that the Employer does not dispute the assessment of 

withdrawal liability against said Employer. 

g) Notwithstanding any other provisions, Employer contributions transferred to another 

plan pursuant to a reciprocal agreement between the Plan and such other plan shall 

not be considered contributions to this Plan for the purpose of determining whether 

an Employer has withdrawn or for the purpose of determining the total or annual 

83 

LAB265_00201
amount of withdrawal liability. Amounts retained by the Plan as the administrative 

expense for handling such transferred contributions shall likewise be disregarded. 

However, if the Plan's records do not reveal which contributions by a withdrawn 

Employer are to be so disregarded, they shall be disregarded only if an Employer 

provided the necessary data for the Trustees to make that determination. 

Contributions transferred to the Plan pursuant to such a reciprocal agreement shall 

also be disregarded in any determination of withdrawal liability. 

IN WITNESS WHEREOF, this instrument has been executed by the parties 

hereto this 18th day of November, 2014, at Cincinnati, Hamilton County, Ohio. 

84 

LAB265_00202
AMENDMENT NO. 1 TO THE 

LABORERS LOCAL 265 PENSION PLAN 

AS RESTATED JANUARY 1, 2015 

In accordance with the authority contained in Section 10.1 of the Plan, the Board of Trustees 

deems it necessary to amend the Plan to conform with the Windsor decision and to comply with the 

Qualified Optional Survivor Annuity Rules. 

* * * * 

Effective as of June 26, 2013, Section 1.27 of the Plan will be amended in its entirety to read as follows: 

Section 1.27 - JOINT AND SURVIVOR SPOUSE ANNUITY. 

"Joint and Survivor Spouse Annuity" shall be that annuity as determined herein which is payable to the 

Retiree for life and then to the surviving Spouse for life. 

* * * * 

Effective as of January 1, 2009, Section 6.1 of the Plan will be amended in its entirety to read as follows: 

Section 6.1- QUALIFIED JOINT AND OPTIONAL ANNUITIES. 

For Annuity Starting Dates on or after May 1, 2010 and unless an optional form of benefit is selected 

pursuant to a qualified election within the 180-day period ending on the Annuity Starting Date, a 

married Participant's vested accrued benefit will be paid in the form of a Qualified Joint and Survivor 

Annuity and an unmarried Participant's Vested Accrued Benefit will be paid in the normal form of an 

single life annuity. The Participant may elect to have such annuity distributed upon attainment of the 

Earliest Retirement Age under the Plan. 

At the time of application for retirement, a Participant may elect one (1) of the following forms of 

Qualified Joint and Survivor Annuity: 

LAB265_00203
~, 

i) an annuity for the life of the Participant with a survivor annuity for the life of the spouse which 

is 50% of the amount of the annuity which is payable during the joint lives of the Participant and 

the Spouse and which is the actuarial equivalent of the normal form of benefit, or if greater, any 

optional form of benefit. In the event that no election is timely made, this form shall be the 

benefit paid by Plan. 

ii) an annuity for the life of the Participant with a survivorship annuity for the life of the Spouse 

which is two-thirds (2/3rds) of the amount of the annuity which is payable during the joint lives 

of the Participant and the Spouse and which is the actuarial equivalent of the normal form of 

benefit, or if greater, any optional form of benefit. 

iii) for those who retire on or after November 1, 2009, an annuity for the life of the Participant 

with a survivorship annuity for the life of the Spouse which is three-fourths (3/4ths) of the 

amount of the annuity which is payable during the joint lives of the Participant and the Spouse 

and which is the actuarial equivalent of the normal form of benefit, or if greater, any optional 

form of benefit. 

iv) an annuity for the life of the Participant with a survivorship annuity for the life of the Spouse 

which is equal to the amount of the annuity which is payable during the joint lives of the 

Participant and the Spouse and which is the actuarial equivalent of the normal form of benefit, or 

if greater, any optional form of benefit. 

At the election of the Participant, made at the time of application for retirement, a "pop-up" option 

shall be provided whereby if the spouse thereafter predeceases the Participant, the Joint and 

Survivorship Pension will revert to the full benefit that would have been payable but for the application 

of the Joint and Survivorship provision. In the event of such election, the Participant's Pension payable 

under this option shall be the actuarial equivalent of the normal form of benefit. 

A Joint and Survivorship Pension, once payments have begun, may not be revoked nor the pensioner's 

benefits increased by reason of subsequent divorce or death of the Spouse before that of the 

Participant, except the death of the Spouse as provided for under this "pop-up" option. 

LAB265_00204
Ji; 

IN WITNESS WHEREOF, the Trustees have hereunto set their hands this 11th day of June, 2015. 

UNION TRUSTEES ASSOCIATION TRUSTEES 

HARRY RICHARDSON 

ROBERT E. RICHARDSON 

LAB265_00205
IN WITNESS WHEREOF, the Trustees have hereunto set their hands this 11th day of June, 2015. 

UNION TRUSTEES ASSOCIATION TRUSTEES 

PHILIP NEUMANN 

THOMAS E. 

NICK WEISBROD 

LAB265_00206
AMENDMENT NO. 2 TO THE 

LABORERS LOCAL 265 PENSION PLAN 

AS RESTATED JANUARY 1, 2015 

In accordance with the authority contained in Section 10.1 of the Plan, the Board of Trustees 

deems it necessary to amend the Plan to remove certain adjustable benefits In order to assist the Plan in 

forestalling Insolvency. 

* • * • 

Effective as of February 1, 2017 Section 1.32 of the Plan will be amended in its entirety to read as follows: 

Section 1.32 - PARTICIPANT 

The term "Participantu as used herein shall mean any Employee or former Employee of an Employer 

who is eligible to receive a benefit of any type from the Fund or whose beneficiaries may be eligible to 

receive any such benefit. 

a) Prior to November.!, 1999, an Employee became a Participant in the Plan by completing 

one (1) Hour of Service. 

b) On and after November 1, 1999, an Employee will become a Participant in the Plan on the 

first day of the month following the completion of 1,000 Hours of Service. 

The term "Active Participant" as used herein shall mean any Participant who has earned at least one (1) 

year of Credited Service In the past two (2) Plan Years. 

* * * 

Effective as of February 1, 2017, Section 3.2 of the Plan will be amended in its entirety to read as 

follows: 

Section 3.2 - EARLY RETIREMENT. 

a) Retirement at age 55 years or later with ten f 10) or more Years of Credited Service In the Plan -

Reduced Benefits. On and after November 1, 1983, an Employee in the Plan shall be entitled to 

retire on the first (1st) day of the month following the later of the attainment of age 55 years, and 

the completion of ten (10) or more Years of Credited Service in the Plan, (at least 1,000 hours of 

which participation shall be Credited Future Service as defined in the Plan), but who has not as yet 

LAB265_00207
attained his Normal Retirement Age. This Section shall entitle the Employee to Early Retirement 

benefits as provided In Section 4.3 hereunder. 

b) Retirement at age 60 years or later, with thirty (30) Years of Credited Service, in the PlanUnreduced Benefits. On and_ after February 1, 1995, a Participant shall be entitled to retire on the 

first (1st) day of the month following the attainment-of age 60 years or later and the completion of 

30 or more Years of Credited Service In the Plan, at least 1,000 hours of which shall be Credited 

Future Service, but who has not as yet attained his Normal Retirement Age. 

c) Retirement at age 58 years or later, with 30 Years of Credited Service in the Plan-Unreduced 

Benefits. On and after February 1, 1996, a Participant shall be entitled to retire on the first (1st) 

day of the month following the attainment of age 58 years or later and the completion of 30 or 

more Years of Credited Service In the Plan, at least 1,000 hours of which shall be Credited Future 

·service, but who has not as yet attained his Normal Retirement Age. 

d) Retirement at age 55 years or later with 30 Years of Credited Service In the Plan-Unreduced 

Benefits. On and after November 1, 1998, a Participant shall be entitled to retire on the first (1st) 

day of the month following the attainment of age 55 years or later and the completion of 30 or 

more Years of Credited Service In the Plan, at least 1,000 hours which shall be Credited Future 

Service, but who has not as yet attained Normal Retirement Age. 

e) Retirement at age 55 years or later, with five (5) or more Years of Credited Servlce In the Plan -

Reduced Benefits. On and after August 1, 2000, an Employee in the Plan who has not as yet 

attained his retirement age, shall be entitled to retire on the first (15

t) day of the month following 

the later of the attal nment of age 55 years, and the completion of five (5) or more Years of Credited 

Service In the Plan, (at least 1,000 hours of which participation shall be Credited Future Service as 

defined In the'Plan, and at least one (1) Hour of Service shall be Credited Future Service as defined 

In the Plan, and at least one (1) Hour of Service shall have been credited subsequent to October 

31, 1996). This Section shall entitle the Employee to Early Retirement· benefits as provided in 

Section 4.3 hereunder. 

LAB265_00208
A Participant retiring under this Subsection (e) shall be subject to the suspension or loss of benefit 

provisions of the Plan as they apply to Early Retirement as set forth In Section 5.3{b) of the Plan. 

f) Retirement at age 55 years or later with 30 Years of Credited Service in the Plan-Unreduced 

Benefits. On or after July 1, 2002, a Participant shall be entitled to retire on the first (1st) day of 

the month following the attainment of age 55 years or later and the completion of 30 or more 

Years of Credited Service In this Plan or when combined with Credited Service in the companion 

Laborers Ohio State Pension Fund, at least 1,000 hours of which shall be Credited Future Service 

In this Plan. 

g) Early Retirement Limited to Active Participants. For Annuity Starting Dates on and after February 

1, 2017, Early Retirement benefits described in this Section 3.2 shall only be available to Active 

Participants as defined In Section 1.32. 

A Participant retiring under sub•sections (b), {c}, (d) and (f) above for Early Retirement shall be subject to 

the suspension or loss of benefit provisions of the Plan as they apply to Normal Retirement under Section 

5.3 (c) and not for suspension or loss of benefits under Early Retirement as set forth in Section 5.3 (b) of 

the Plan. 

• * * * 

Effective as of February 1, 2017, Section 3.3 of the Plan will be amended In its entirety to read as 

follows: 

Section 3.3- DISABILITY RETIREMENT, 

Active Participants, as ·defined in Section 1.32, who become permanently and totally disabled prior to 

Normal Retirement, shall be entitled to retire and to be eligible for disability benefits as provided 

hereunder. Such benefits will be actuarially reduced as described In Section 4.4(b). 

a) Total Employment Disability. An Employee shall be deemed to be permanently and totally disabled 

only If a determination has been made by the Social Security Administration of Medical Disability 

in connection with Old Age and Survivors Insurance Coverage. An Employee eligible for Disability 

LAB265_00209
a) If the Participant has less than five (5) Years of Credited Service, a lump sum benefit equal 

to the total amount of contributions received on the account of the Participant will be paid. 

However, no lump sum benefits will be available for disability applications received on and after 

February 26, 2010. 

b) If the Participant qualifies for a Total Employment Disability benefit a monthly pension 

benefit in equal to the Participant's Accrued Benefit as of the date of dlsablllty, with a minimum 

benefit ofTwenty-five ($25.00} Dollars to be paid. However, no lump sum benefits will be available 

for dlsablllty applications received on and after February 26, 2010. Effective for dfsablllty 

applications received on and after February 1, 2017, disability benefits shall be actuarially 

equivalent to the Participant's Accrued Benefit, reduced for each month that the commencement 

of disability benefits precede the Participant's Normal Retirement Date. 

c) If a Participant qualified for a Total Trade Dlsablllty a monthly pension benefit In the form 

of a single life annuity equal to the Participant's Accrued Benefit as of the date of dlsablllty, with a 

minimum benefit ofTwenty-flve ($25.00) Dollars to be paid. No lump sum benefits will be available 

for disability applications received on and after February 26, 2010 and the Trade Disability was 

eliminated as of February 1, 2017. Said benefits shall be actuarially reduced for each month that 

said disability date precedes the first of the month next following the 62nd blrthdate of said 

Employee. Said reduction factors are as follows: 

1) 1/180th percent for each of the first 48 months, plus 

2) 1/360th percent for each of the next 36 months, plus 

3) 1/540th percent for each of the next 60 months, plus 

4} 1/720th percent for each of the next 60 months 

"' * * * 

Effective as of February 1, 2017, Section 4.S(b) of the Plan will be amended In Its entirety to read as 

follows: 

LAB265_00210
b) Qualified Pre-Retirement Survivor Annuity. A Qualified Pre-Retirement Survivor Annuity shall be 

paid monthly to the surviving Spouse of a vested deceased Participant who was married for more than 

one (1) year. The monthly benefit shall be determined by Section 6.2 hereunder • 

"' * * • 

Effective as of February 1, 2017, Section 6. 2(b) of the Plan will be amended in its entirety to read as 

follows: 

b) Death Prior to Earliest Retirement Age. Unless·an optional form of benefit In accordance 

with Section 4.5 herein, Is selected within the Election Period pursuant to a Qualified Election, if a 

Participant dies on or before the Earliest Retirement Age, the Participant's surviving Spouse (If any) 

will receive the same benefit that would have been payable if the Participant had: I} separated 

from service on the date of death (or date of separation from service, If earlier); ii) survived to the 

Earliest Retirement Age; iii) retired with an Immediate Qualified Joint and Survivor Annuity at the 

Earliest Retirement Age, electing a joint and full survivorship option, and iv) died on the day after 

the Earliest Retirement Age. 

1) Any person who dies while an Active Participant In the Plan will continue to be 

treated as an Active Participant for purposes of determining the Earliest Retirement 

Age under this Section 6.2(b). 

* * 

LAB265_00211
IN WITNESS WHEREOF, the Trustees have hereunto set their hands this 8th day of March, 2017. 

UNION TRUSTEES ASSOCIATION TRUSTEES 

ROBERT E. RICHARDSON 

LAB265_00212
AMENDMENT NO. 3 TO THE 

LABORERS LOCAL 26S PENSION PLAN 

AS RESTATED JANUARY 1, 2015 

In accordance with the authority contained in Section 10.1 of the Plan, the Board of Trustees 

deems it necessary to amend the Plan to remove certain remaining adjustable benefits in order to assist 

the Plan in forestalling insolvency. 

* * * * 

Effective as of September 1, 2017, Section 3.2 of the Plan will be amended in its entirety to read as 

follows: 

Section 3.2-EARLY RETIREMENT. 

a) Retirement at age 55 years or later with ten (10) or more Years of Credited Service in the Plan On 

and after November 1, 1983, an Employee in the Plan shall be entitled to retire on the first (1st) 

day of the month following the later of the attainment of age 55 years, and the completion of ten 

(10) or more Years of Credited Service in the Plan, (at least 1,000 hours of which participation shall 

be Credited Future Service as defined in the Plan), but who has not as yet attained his Normal 

Retirement Age. 

b) Retirement at age 60 years or later with thirty (30) Years of Credited Service in the Plan 

On and after February 1, 1995, a Participant shall be entitled to retire on the first (1st) day of the 

month following the attainment of age 60 years or later and the completion of 30 or more Years 

of Credited Service in the Plan, at least 1,000 hours of which shall be Credited Future Service, but 

who has not as yet attained his Normal Retirement Age. 

c) Retirement at age 58 years or later with 30 Years of Credited Service in the Plan 

On and after February 1, 1996, a Participant shall be entitled to retire on the first (1st) day of the 

month following the attainment of age 58 years or later and the completion of 30 or more Years 

of Credited Service in the Plan, at least 1,000 hours of which shall be Credited Future Service, but 

who has not as yet attained his Normal Retirement Age. 

LAB265_00213
d) Retirement at age 55 years or later with 30 Years of Credited Service in the Plan 

On and after November 1, 1998, a Participant shall be entitled to retire on the first (1st) day of the 

month following the attainment of age 55 years or later and the completion of 30 or more Years 

of Credited Service in the Plan, at least 1,000 hours which shall be Credited Future Service, but 

who has not as yet attained Normal Retirement Age. 

e) Retirement at age 55 years or later, with five (5) or more Years of Credited Service in the Plan 

On and after August 1, 2000, an Employee in the Plan who has not as yet attained his retirement 

age, shall be entitled to retire on the first (1st) day of the month following the later of the 

attainment of age 55 years, and the completion of five (5) or more Years of Credited Service in the 

Plan, (at least 1,000 hours of which participation shall be Credited Future Service as defined in the 

Plan, and at least one (1) Hour of Service shall be Credited Future Service as defined in the Plan, 

and at least one (1) Hour of Service shall have been credited subsequent to October 31, 1996). 

f) Retirement at age 55 years or later with 30 Years of Credited Service in the Plan 

On or after July 1, 2002, a Participant shall be entitled to retire on the first (1st) day of the month 

following the attainment of age 55 years or later and the completion of 30 or more Years of 

Credited Service in this Plan or when combined with Credited Service in the companion Laborers 

Ohio State Pension Fund, at least 1,000 hours of which shall be Credited Future Service in this Plan. 

g) Early Retirement limited to Active Participants. For Annuity Starting Dates on and after February 

1, 2017, Early Retirement benefits described in this Section 3.2 shall only be available to Active 

Participants as defined in Section 1.32. 

h) Early Retirement Reductions. For Annuity Starting Dates on or after September 1, 2017, all Early 

Retirement benefits described in 3.2(a)-(f) will be subject to actuarial reduction set forth in Section 

4.3. 

A Participant retiring with an Early Retirement benefit will be subject to the Suspension or loss of Benefit 

Rules provided in Section 5.3(b) until reaching NormalRetirement Age. 

LAB265_00214
* * * * 

Effective as of September 1, 2017, Section 4.3 of the Plan will be amended in its entirety to read as 

follows: 

Section 4.3-EARLY RETIREMENT REDUCTION 

For Annuity Start Dates prior to September 1, 2017, the monthly retirement benefit of an Employee 

eligible for retirement benefits and who has applied therefore for commencement on or after age 55 

years, and prior to age 62, shall be computed on the same basis as "Normal Retirement" under Sections 

4.1 and 4.2, reduced by five-ninths of one percent (5/9 of 1%) for each of the first 48 months that the Early 

Retirement date is prior to the first of the month next following the 62nd birthday, and by five-eighteenths 

of one percent (5/18 of 1%) for each month of the next 36 months, that the Early Retirement date is prior 

to the first of the month next following the 62nd birthday. 

Effective for Arinuity Starting Dates on or after September 1, 2017, all Early Retirement benefits shall be 

actuarially equivalent to the Participant's Accrued Benefit, reduced for each month that the 

commencement of Early Retirement benefits precede the Participant's Normal Retirement Date. 

* * * * 

Effective as of September 1, 2017, Section 6.2(b) of the Plan will be amended in its entirety to read as 

follows: 

b) Death Prior to Earliest Retirement Age. Effective for deaths occurring on or after August 1, 

2017, unless an optional form of benefit in accordance with Section 4.5 herein, is selected within 

the Election Period pursuant to a Qualified Election, if a Participant dies on or before the Earliest 

Retirement Age, the Participant's surviving Spouse (if any) will receive the same benefit that would 

have been payable if the Participant had: i) separated from service on the date of death (or date 

of separation from service, if earlier); ii) survived to the Earliest Retirement Age; iii) retired with 

an immediate Qualified Joint and Survivor Annuity at the Earliest Retirement Age, electing a joint 

and 50% survivorship option, and iv) died on the day after the Earliest Retirement Age. 

LAB265_00215
electing a joint and 50% survivorship option, and iv) died on the day after the Earliest Retirement 

Age. 

1) Any person who dies while an Active Participant in the Plan will continue to be 

treated as an Active Participant for purposes of determining the Earliest 

Retirement Age under this Section 6.2(b). 

* * * * 

IN WITNESS WHEREOF, the Trustees have hereunto set their hands this 17th day of July 2017. 

UNION TRUSTEES ASSOCIATION TRUSTEES 

NICK\vEISBROD 

LAB265_00216
AMENDMENT NO. 4 TO THE 

LABORERS LOCAL 265 PENSION PLAN 

AS RESTATED JANUARY 1, 2015 

In accordance with the authority contained in Section 10.1 of the Plan, the Board of Trustees 

deems it necessary to amend the Plan to clarify the date used for determining when a participant is an 

"Active Participant" for disability eligibility purposes. 

* * * * 

Effective as of December 1, 2017 Section 1.32 of the Plan will be amended in its entirety to read as follows: 

Section 1.32 - PARTICIPANT 

The term "Participant" as used herein shall mean any Employee or former Employee of an Employer 

who is eligible to receive a benefit of any type from the Fund or whose beneficiaries may be eligible to 

receive any such benefit. 

a) Prior to November 1, 1999, an Employee became a Participant in the Plan by completing 

one (1) Hour of Service. 

b) On and after November 1, 1999, an Employee will become a Participant in the Plan on the 

first day of the month following the completion of 1,000 Hours of Service. 

The term "Active Participant" as used herein shall mean any Participant who has earned at least one (1) 

year of Credited Service in the past two (2) Plan Years. The date used for determining whether or not a 

participant is an "Active Participant" for Disability eligibility under Section 3.3 of the Plan shall be the 

actual date of disability. 

* * * * 

LAB265_00217
IN WITNESS WHEREOF, the Trustees have hereunto set their hands this ist day of December, 2017. 

UNION TRUSTEES 

ROBERT E. RICHARDSON 

ASSOCIATION TRUSTEES 

LAB265_00218
AMENDMENT NO. 5 TO THE 

LABORERS LOCAL 265 PENSION PLAN 

AS RESTATED JANUARY 1, 2015 

In accordance with the authority contained in Section 10.1 of the Plan, the Board of 

Trustees deems it necessary to amend the Plan to comply with the Disability Claims 

Regulations. 

* * * * 

Effective as of April 1, 2018, Section 14.5 of the Plan will be amended in its entirety to read as 

follows: 

Section 14.5 - CLAIMS AND APPEALS PROCEDURE. 

Claims Procedure 

A) Timing of Notice of Denial of Claims Other Than Disability. If a claim, except for 

Disability Benefits, is wholly or partially denied, the Plan Administrator shall notify the 

Participant of the Plan's adverse benefit determination within a reasonable period of 

time, but not later than ninety (90) days after receipt of the claim by the Plan, unless 

the Plan Administrator determines that special circumstances require an extension of 

time, then written notice of the extension shall be furnished to the Participant prior to 

the termination of the initial ninety (90) day period. In no event shall such extension 

exceed a period of ninety (90) days from the end of such initial period. The extension 

notice shall indicate the special circumstances requiring an extension of time and the 

date by which the Plan expects to render benefits. 

B) Timing of Notice of Denial of Disability Claims. In the case of an adverse benefit 

determination concerning Disability Benefits, the Plan Administrator shall notify the 

Participant of the Plan's adverse benefit determination within a reasonable period of 

time, but not later than forty-five ( 45) days after receipt of the claim by the Plan. This 

period may be extended by the Plan for up to thirty (30) days, provided the Plan 

Administrator both determines that an extension is necessary due to matters beyond 

the control of the Plan and notifies the Participant, prior to the expiration of the initial 

forty-five (45) day period, of the circumstances requiring the extension of time and date 

by which the Plan expects to render a decision. If, prior to the end of the first thirty (30) 

LAB265_00219
day extension period, the Plan Administrator determines that, due to matters beyond 

the control of the Plan, a decision cannot be rendered within that extension period, the 

period for making the determination may be extended for up to an additional thirty (30) 

days. 

C) Calculation of Time Periods. The period of time within which a benefit determination 

is required to be made shall begin at the time a claim is filed in accordance with the 

reasonable procedures of the Plan, without regard to whether all the information 

necessary to make a benefit determination accompanies the filing. 

D) Content of Notice. The Plan Administrator shall provide a Participant with written or 

electronic notification of any adverse benefit determination. The notification shall set 

forth, in a manner calculated to be understood by the Participant: 

(1) The specific reasons or reasons for the adverse determination; 

(2) Reference to the specific Plan provisions on which the determination is 

based; 

(3) A description of any additional material or information necessary for the 

Participant to perfect the claim and an explanation of why such material or 

information is necessary; 

(4) A statement that the Participant is entitled to receive, upon request and free 

of charge, reasonable access to, and copies of, all documents, records, 

and other information relevant to the Participant's claim for benefits; 

(5) A description of the Plan's review procedures and the time limits applicable 

to such procedures, including a statement of the Participant's right to bring 

civil action under Section 502(a) of ERISA following an adverse benefit 

determination on review; and 

(6) In the case of an adverse benefit determination concerning Disability 

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 

no such internal rule, guideline, protocol, or other similar criterion 

exists; or 

(b) If the adverse benefit determination is based on medical necessity, 

because the treatment is experimental, or a similar exclusion or 

limit, either an explanation of the scientific or clinical judgement for 

LAB265_00220
Appeals Procedure 

the determination, applying the terms of the Plan to the Participant's 

medical circumstances, or a statement that such explanation will be 

provided free of charge upon request. 

(c) A statement that the Participant is entitled to receive upon request 

and free of charge, reasonable access to copies of all documents, 

records, and other information relevant to the Participant's benefit 

determination. 

(d) A discussion of the decision to disagree with or not follow: 

(i) The views presented by the health care professionals 

treating the Participant; 

(ii) The views presented by medical or vocational experts 

whose advise was obtained on behalf of the Plan; and/or 

(iii) A disability determination made by the Social Security 

Administration. 

A) The Participant shall have sixty (60) days (180 days for Disability Benefit claims denials) 

following receipt of a notification of an adverse benefit determination within which to 

appeal the determination. 

B) The Participant shall have the opportunity to submit written comments, documents, 

records, and other information relating to the claim for benefits. 

C) The Participant shall be provided, upon request and free of charge, reasonable access to 

and copies of, all documents, records, and other information relevant to the Participant's 

claim for benefits. 

D) The review on appeal shall take into account all comments, documents, records, and other 

information submitted by the Participant, without regard to whether such information was 

submitted or considered in the initial benefit determination. 

E) For Disability Benefit claims, on appeal the Participant shall be provided with any new or 

additional evidence or rational considered or relied upon in connection to the claim 

automatically and free of charge. The Participant shall be provided with a review that does 

not afford deference to the initial adverse benefit determination and will be conducted by 

an appropriate named fiduciary of the Plan who is neither the individual who made the 

initial adverse benefit determination nor the subordinate of such individual. In deciding an 

adverse benefit determination that is based in whole or in part on medical judgment, 

LAB265_00221
including determination regarding whether a treatment or drug is experimental, 

investigational, or not medically necessary, the Plan will consult a health care professional 

who has appropriate training and experience in the medical field involved in the judgment 

and the medical or vocational expert will be identified. The healthcare professional 

engaged for consultation will not be an individual who was consulted in making the 

adverse benefit determination that is the subject of the appeal, nor their subordinate. 

F) The Board shall be empowered to hold a hearing at which such Participant shall be entitled 

to present the basis of his claims for review at which he may be represented by counsel. 

G) The Trustees shall make a benefit determination no later than the date of the meeting of 

the Trustees that immediately follows the Plan's receipt of a request for review, unless the 

request for review is filed within thirty (30) days preceding the date of such meeting. In 

such case, a benefit determination may be made by no later than the date of the second 

(2nd) meeting following the Plan's receipt of the request for review. If special circumstances 

(such as the need to hold a hearing) require a further extension of time for processing, a 

benefit determination shall be rendered not later than the third (3rd) meeting of the Trustees 

following the Plan's receipt of the request for review. If such an extension of time for review 

is required because of special circumstances, the Plan Administrator shall provide the 

Participant with written notice of the extension, describing the special circumstances and 

the date as of which the benefit determination will be made, prior to the commencement 

of the extension. The Plan Administrator will notify the Participant of the benefit 

determination as soon as possible, but not later than five (5) days after the benefit 

determination is made. 

H) The period of time within which a benefit determination on review is required to be made 

shall begin at the time an appeal is filed in accordance with the reasonable procedures of 

the Plan, without regard to whether all the information necessary to make a benefit 

determination on review accompanies the filing. In the event that a period of time is 

extended due to a Participant's failure to submit information necessary to decide the claim, 

the period for making the benefit determination on review shall be tolled from the date on 

which the notification of the extension is sent to the Participant until the date on which the 

Participant responds to the request for additional information. 

I) In the case of an adverse benefit determination on review, the Plan Administrator shall 

provide such access to, and copies of, documents, records, and other information as 

appropriate. 

LAB265_00222
J) Content of Notice. The Plan Administrator shall provide a Participant with written or 

electronic notification of any adverse benefit determination. The notification shall set forth, 

in a manner calculated to be understood by the Participant: 

(1) The specific reasons or reasons for the adverse determination; 

(2) Reference to the specific Plan provisions on which the determination is 

based; 

(3) A statement that the Participant is entitled to receive, upon request and free 

of charge, reasonable access to, and copies of, all documents, and other 

information relevant to the Participant's claim for benefits; 

(4) A statement of the Participant's right to bring civil action under Section 

502(a) of ERISA following an adverse benefit determination on review; and 

(5) In the case of an adverse benefit determination concerning Disability 

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 

no such internal rule, guideline, protocol, or other similar criterion 

exists; or 

(b) If the adverse benefit determination is based on medical necessity, 

because the treatment is experimental, or a similar exclusion or 

limit, either an explanation of the scientific or clinical judgement for 

th~ determination, applying the terms of the Plan to the Participant's 

medical circumstances, or a statement that such explanation will be 

provided free of charge upon request. 

(c) A statement that the Participant is entitled to receive upon request 

and free of charge, reasonable access to copies of all documents, 

records, and other information relevant to the Participant's benefit 

determination. 

(d) A discussion of the decision to disagree with or not follow: 

(i) The views presented by the health care professionals 

treating the Participant; 

(ii) The views presented by medical or vocational experts 

whose advise was obtained on behalf of the Plan; and/or 

LAB265_00223
(iii) A disability determination made by the Social Security 

Administration. 

Three Year Limitation Period. No action at law or in equity shall be brought by any Participant or 

Beneficiary after the expiration of three (3) years from the date the Board provides written notice 

of a decision on appeal of an adverse benefit determination. Failure to bring an action within this 

three (3) year period shall forever bar such action. 

* * * * 

IN WITNESS WHEREOF, the Trustees have hereunto set their hands this 21 st day of March, 

2018. 

UNION TRUSTEES ASSOCIATION TRUSTEES 

ANTHONY BRICE 

ROBERT E. RICHARDSON THOMAS E. TOMAN 

~(WEISBROD 

LAB265_00224
LABORERS' LOCAL 265 PENSION PLAN 

205 West Fourth Street, Suite 225 

Cincinnati OH 45202 

(513)381-6886 or 800-832-7113 

Summary of Material Modifications-- Important Changes for Same-sex Spouses 

Under the Plan 

In June of 2013 the United States Supreme Court ruled that for purposes of federal law, a 

"spouse" includes a same-sex spouse if the individuals were legally married in a state that 

recognizes same-sex marriage. The Laborers' Local 265 Pension Plan (the "Plan") is 

governed by federal law and has been amended to comply with the Court's ruling and newly 

issued IRS regulations. 

Effective June 26, 2013, the Plan will recognize same-sex marriages as legal regardless of 

whether the state in which the couple resides recognizes same-sex marriages. The Plan 

will not recognize domestic partnerships or civil unions as marriages for same-sex or 

opposite-sex couples. 

Example: Doug, a participant in the Plan, marries his partner, John, in New York. Doug 

and John live in Cincinnati, Ohio. New York recognizes same-sex marriages; 

Ohio does not. John will be considered Doug's lawful spouse under the Plan 

because Doug and John were legally married in a state that recognizes samesex marriages. John will be eligible for the same benefits as an opposite-sex 

spouse, including the right to be named as the spouse for joint and survivor 

annuity purposes. 

Example: Linda, a participant in the Plan, enters into a civil union with her partner, 

Mary. Mary is not eligible for spousal rights under the Plan because she has 

not lawfully entered into a marriage in any state. 

If you began receiving pension benefits under the Plan on or after June 26, 2013 and you 

elected a single life annuity, you have the option of changing your form of payment 

retroactively to a joint and survivor annuity to include your same-sex spouse as your 

surviving spouse. Please contact the Benefit Office as soon as possible if you would like to 

change your benefit election to account for your same-sex spouse. 

Please contact the Benefit Office if you have questions about these changes. 

Sincerely, 

Board of Trustees 

Laborers' Local 265 Pension Plan 

Please keep this Summary of Material Modification with your Summary Plan Description. 

These important changes affect the pension benefits that are provided to you and your 

family. If you have any questions, please contact the Benefit Office. 

LAB265_00225
LABORERS' LOCAL 265 PENSION PLAN 

205 West Fourth Street, Suite 225 

Cincinnati OH 45202 

(513) 381-6886 • 800-832-7113 

**Important Notice About Changes to Your Pension Plan** 

This notice is designed to advise you of certain changes being made to the Laborers Local 265 

Pension Plan. The notice should be kept with your important records in order to allow you and 

your spouse to understand the benefits available from the Plan. You will be receiving a new 

Summary Plan Description in the next few weeks that includes these rules, but below are 

changes being made on February 1, 2017. 

• Certain Plan benefits will only be available to Active Participants. To be considered an 

Active Participant, you must have earned at least one year of Credited Service in the 

past two Plan Years. You earn a year of Credited Service by earning 1,000 or more Hours 

of Service in a Plan Year. 

• Only Active Participants are eligible for Early Retirement, the 30 and Out Retirement and 

Total & Permanent Disability Retirement. Others must wait until Normal Retirement Age 

to begin receiving a benefit. 

• The former Trade Disability Benefit has been eliminated from the Plan. The Total & 

Permanent Disability Retirement is still available to Active Participants, but will be 

actuarially reduced from age 62. Additionally, the only acceptable proof of disability is 

an award from Social Security. 

• The preretirement survivor options have not changed, but a Spouse may not begin 

receiving Death Benefits until the date the Participant would have reached the Earliest 

Retirement Age under the Plan (generally age 55 for Active Participants). 

If you have any questions concerning this notice or the recent changes, please feel free to 

contact the Fund Office. 

Sincerely, 

Board of Trustees 

LAB265_00226
LABORERS' LOCAL 265 PENSION PLAN 

205 West Fourth Street, Suite 225 

Cincinnati OH 45202 

(513)381-6886 * 800-832-7113 

*Important Notice About Changes to Your Pension Plan** 

This notice is designed to advise you of certain changes being made to the Laborers Local 265 

Pension Plan. The notice should be kept with your important records in order to allow you and 

your spouse to understand the benefits available from the Plan. Unless specified otherwise, the 

changes described are effective September 1, 2017. These changes are being made to comply 

with federal law and to help preserve the assets of the Trust and prolong its ability to pay 

retirement benefits. 

• The Pre-Retirement Surviving Spouse's Benefit is being modified. If you are married and 

you die before you retire but are fully vested, your spouse will receive a Pre-Retirement 

Surviving Spouse's Benefit. This benefit will provide your spouse with a pension equal to 

the monthly benefit that would have been payable if you had retired on the later of your 

Earliest Retirement Age or the day before your death and elected a Joint & Survivor form 

of pension payment. Benefits will generally begin on the date you would have reached 

your Earliest Retirement Age. Effective for deaths on or after September 1, 2017, the Joint 

& Survivor form of pension payment your Pre-Retirement Surviving Spouse's Benefit is 

based on is being reduced from a Joint & 100% Survivor form of pension payment to a 

Joint & 50% Survivor form of pension payment. The Joint and 50% Survivor benefit is the 

minimum required by law. 

• Effective for retirements on and after September 1, 2017, all Early Retirement benefits will 

be subject to a full actuarial reduction. Prior to September 1, 2017, certain Participants 

who had earned at least 30 years of credited service could retire prior to age 62 and 

receive an unreduced benefit. Other Active Participants who had reached age 55 were 

able to retire with a more favorable reduction formula. This change is designed to help 

ensure the Plan is not offering benefit subsidies. 

• Currently, any Participant who retires with at least 30 years of service is subject to more 

lenient suspension of benefit rules than their age would warrant. This gives these retirees 

more post-retirement work flexibility. Effective for retirements on and after September 

1, 2017, years of service will be disregarded when applying the suspension rules. Thus, if 

LAB265_00227
you retire with 30 years of service, but are below age 62, the more restrictive rules will 

apply until you reach age 62. For more information about the Plan's suspension of benefit 

rules, please consult the summary plan description. 

If you have any questions concerning this notice or the recent changes, please feel free to 

contact the Fund Office. 

Sincerely, 

Board of Trustees 

LAB265_00228
LABORERS' LOCAL 265 PENSION PLAN 

205 West Fourth Street, Suite 225 

Cincinnati OH 45202 

(513)381-6886 or 800-832-7113 

SUMMARY OF MATERIAL MODIFICATIONS TO 

LABORERS LOCAL 265 PENSION PLAN 

Notice of Plan Changes 

This Summary of Material Modifications (SMM) is being sent to all active and retired members 

who participate in the Laborers Local 265 Pension Plan. It is intended to advise you of changes 

to your Plan. Please take the time to read this carefully and keep it with your Summary Plan 

Description (SPD). If you have any questions regarding the Plan, please do not hesitate to contact 

the Fund Office. 

Effective as of December 1, 2017, the term "Participant" as used herein shall mean any Employee 

or former Employee of an Employer who is eligible to receive a benefit of any type from the 

Fund or whose beneficiaries may be eligible to receive any such benefit. 

a. Prior to November 1, 1999, an Employee became a Participant in the Plan by completing 

one ( 1) Hour of Service. 

b. On and after November 1, 1999, an Employee will become a Participant in the Plan on 

the first day of the month following completion of 1,000 Hours of Service. 

The term "Active Participant" as used herein shall mean any Participant who has earned at least 

one (I) year of Credited Service in the past two (2) Plan Years. The date used for determining 

whether or not a participant is an "Active Participant" for Disability eligibility of the Plan shall 

be the actual date of disability. 

Please contact the Fund Office if you have any questions about this information. 

Sincerely, 

Board of Trustees 

Laborers Local 265 Pension Plan 

LAB265_00229
... LABORERS' LOCAL 265 PENSION PLAN 

205 West Fourth Street, Suite 225 

Cincinnati OH 45202 

(513)381-6886 or 800-832-7113 

SUMMARY OF MATERIAL MODIFICATIONS TO 

LABORERS LOCAL 265 PENSION PLAN 

Notice of Plan Changes 

This Summary of Material Modifications (SMM) is being sent to all active and retired members 

who participate in the Laborers Local 265 Pension Plan. It is intended to advise you of changes 

to your Plan. Please take the time to read this carefully and keep it with your Summary Plan 

Description (SPD). If you have any questions regarding the Plan, please do not hesitate to contact 

the Fund Office. 

As a Participant in the Fund, you have certain rights if your disability pension benefits are denied 

on or after 4/1/18. 

Disability Claims Denials 

• If your disability claim is denied, you must be notified within 45 days of receipt of your 

application. 

• Your denial notification must include: 

o An explanation for why the Plan disagreed with the Social Security 

Administration, your health professional, and/or medical or vocational experts 

whose advise was obtained on behalf of the Plan. 

o The rules relied upon in denying your claim. You can request copies of Plan 

documents and information about your claim free of charge. 

o If applicable, the scientific or clinical judgement for the denial that applies the 

terms of the Plan to your medical circumstances. 

Appealing a Disability Claim Denial 

• Rescissions (a retroactive cancellation of disability benefits) are appealable. 

• You have 180 days from the date of the denial of your claim to file an appeal. 

• If the Plan obtains new evidence on your claim during the appeal, you will be provided 

the evidence automatically, free of charge, and will have the right to respond to the new 

evidence. 

• Generally, the appeal will be considered at the Trustees' quarterly meeting and you will 

be notified of the Trustees' decision within 5 days of the decision being made. 

LAB265_00230
• The notification of the decision will contain all of the infonnation listed in the section 

above in addition to a description of your right to bring an action under ERISA Section 

502(a) and the time limits to bring that action. 

Please contact the Fund Office if you have any questions about this infonnation. 

Sincerely, 

Board of Trustees 

Laborers Local 265 Pension Plan 

LAB265_00231
LAB265_00232
TABLE OF CONTENTS 

PLAN INFORMATION ........................................................................................... 7 

STATEMENT OF YOUR ERISA RIGHTS ........................................................... 10 

ELIGIBILITY FOR PARTICIPATION ................................................................... 13 

1. Q. Who is eligible to participate in the Plan? ............................. : .............. 13 

2. Q. When will I become a Participant in the Plan? ..................................... 14 

3. Q. What does it mean to be an Active Participant in the Plan? ................ 14 

4. Q. Do I have to sign anything to join the Plan? ......................................... 14 

5. Q. What is Covered Employment? ........................................................... 14 

6. Q. What is an Hour of Service? ................................................................ 14 

7. Q. How will I be informed of the benefits earned under the Plan? ............ 15 

CREDITED SERVICE .......................................................................................... 15 

1. Q. What is Credited Service? ................................................................... 15 

2. Q. How do I earn Credited Service? ......................................................... 16 

VESTING ............................................................................................................. 16 

1. Q. What does it mean to be vested in my pension benefit? ..................... 16 

2. Q. How do I become vested? ................................................................... 16 

3. Q. How will I know if I am vested? ............................................................ 17 

RECIPROCITY .................................................................................................... 17 

1. Q. What happens if I work for a signatory employer outside the 

jurisdiction of this Plan? ............................................................................ 17 

2. Q. How do I know if a reciprocity agreement is in effect between the 

Laborers Local 265 and the Local in the area where I am working? ........ 18 

LOSS OF PENSION BENEFITS ......................................................................... 18 

1. Q. Is it possible for me to ever lose the Credited Service I have 

earned under the Pension Plan? .............................................................. 18 

2. Q. How would I lose my Credited Service? .............................................. 18 

3. Q. Can I regain my Credited Service if I return to Covered 

Employment? ............................................................................................. 19 

4. Q. What happens if I do not return to employment with an 

Employer? ................................................................................................. 19 

RETIREMENT BENEFITS ................................................................................... 20 

1. Q. When can I retire under the Plan? ....................................................... 20 

2. Q. Can I continue to work for a Contributing Employer and receive 

my retirement benefits? ............................................................................ 20 

NORMAL RETIREMENT ..................................................................................... 21 

1. Q. When can I begin receiving my Normal Retirement Benefit? .............. 21 

2. Q. What is my Normal Retirement Date? .................................................. 21 

3. Q. If I commence receipt of retirement benefits on my Normal 

Retirement Date, how much will my monthly pension be? ....................... 21 

4. Q. Is there a way that I can estimate the monthly pension I will 

receive at my Normal Retirement Date? ................................................... 22 

EARLY RETIREMENT ......................................................................................... 23 

1. Q. Can I elect to begin receiving retirement benefits prior to my 

Normal Retirement Date? ......................................................................... 23 

2. Q. How much will my monthly pension be if I commence receipt of 

2 

LAB265_00233
3

benefits before my Normal Retirement Age? ........................................... 23

LATE RETIREMENT .......................................................................................... 24

1. Q. Do I have to retire at my Normal Retirement Age? ............................. 25

2. Q. If I continue to work past my Normal Retirement Age, what 

monthly pension amount will I receive upon retirement? ......................... 25

TOTAL AND PERMANENT DISABILITY RETIREMENT ................................... 25

1. Q. Are there any benefits payable from the Plan if I become 

disabled? ................................................................................................. 25

2. Q. What is meant by "Total and Permanent Disability"? .......................... 25

3. Q. If I am eligible for a Total and Permanent Disability Retirement 

benefit from the Plan, what will be the amount of my benefit? ................. 26

4. Q. When will my Total and Permanent Disability pension start? .............. 26

5. Q. How do I apply for a Total and Permanent Disability Retirement 

benefit?.................................................................................................... 26

6. Q. Can I commence receipt of Early Retirement benefits while 

waiting for a disability award? .................................................................. 26

7. Q. What happens if I recover from my Total and Permanent 

Disability? ................................................................................................ 27

8. Q. Once I begin receiving a Total and Permanent Disability benefit, 

is there anything I need to do to make sure the benefit continues? ......... 27

DISABLED FROM THE TRADE RETIREMENT ................................................. 27

1. Q. Does the Plan provide any benefits if I do not meet the eligibility 

requirements for a Total and Permanent Disability benefit, but I can 

no longer work as a Laborer? .................................................................. 27

FORM OF PENSION PAYMENT ........................................................................ 28

1. Q. How will my retirement benefits be distributed? .................................. 28

2. Q. Are there other forms of payment offered under the Plan? ................. 28

3. Q. If I elect to receive my benefit in the form of a Joint & Survivor 

Annuity, how will my monthly pension be calculated? ............................. 29

4. Q. Does this Plan provide benefits to a same sex spouse? ..................... 30

5. Q. Can I receive my pension benefits in a lump sum distribution? ........... 30

6. Q. Can I rollover my lump sum distribution into another qualified 

retirement plan? ....................................................................................... 30

APPLICATION FOR BENEFITS ......................................................................... 31

1. Q. How do I apply to commence receipt of my retirement benefit? .......... 31

2. Q. How do I make my election regarding form of payment? .................... 31

3. Q. What if I am married when I retire, but I do not wish to receive 

my benefits in the form of a Qualified Joint & Survivor Annuity? .............. 31

4. Q. Can I change the form in which my retirement benefits are being 

paid after I have made my election? ........................................................ 32

5. Q. What about Social Security Benefits? ................................................. 32

6. Q. Do I have to pay taxes on any benefit I receive from the Plan? .......... 32

7. Q. What if I receive an overpayment of benefits from the Pension 

Plan?........................................................................................................ 32

8. Q. Does the Plan offer direct deposit of monthly pension payments? ...... 32

LAB265_00234
9. Q. Can I assign my benefits under the Plan? ........................................... 33 

10. Q. What happens if my spouse and I divorce? ......................................... 33 

SUSPENSION OF BENEFITS RULES .......... ; ..................................................... 34 

1. Q. What happens if I begin receiving retirement benefits and then 

go back to work? ....................................................................................... 34 

2. Q. What is meant by "Disqualifying Employment"? .................................. 34 

3. Q. What should I do if I decide to return to work after I begin 

receiving retirement benefits? ................................................................... 35 

4. Q. What must I do to start my monthly pension again after I stop 

working? ............................................. : ...................................................... 35 

5. Q. If my benefit was suspended because I returned to work after 

retirement, how much will my monthly pension be once I stop 

working? .................................................................................................... 35 

6. Q. What will happen if I receive pension benefits for a month in 

which they should have been suspended? ............................................... 35 

7. Q. How can I find out more about the suspension of benefits rules? ....... 35 

DEATH BENEFITS .............................................................................................. 36 

1. Q. What happens if I die before I begin receiving retirement 

benefits? ................................................................................................... 36 

2. Q. Are there any benefits payable upon my death if I die after I 

retire? ........................................................................................................ 36 

DESIGNATION OR CHANGE OF BENEFICIARY .............................................. 37 

1. Q. How do I designate my beneficiary? .................................................... 37 

2. Q. Can I change my beneficiary? ............................................................. 37 

3. Q. May I designate someone other than my spouse as my 

beneficiary? .............................................................................................. 37 

TERMINATION OF EMPLOYMENT .................................................................... 38 

1. Q. Am I entitled to a benefit from the Plan if I stop working in 

Covered Employment before reaching my Normal Retirement Age? ....... 38 

2. Q. If I am eligible for a Deferred Vested Retirement Benefit, how 

much will my monthly benefit be? ............................................................. 38 

3. Q. If I have terminated employment, when will I be eligible to begin 

receiving Early Retirement benefits? ........................................................ 38 

PROVISIONS RELATING TO VETERANS' REEMPLOYMENT ......................... 39 

1. Q. What happens to my benefits under the Plan if I enter military 

service? ..................................................................................................... 39 

2. Q. What happens if I die during a period of military service? .................. .40 

CLAIMS PROCEDURES AND APPEALS PROCESS ....................................... .40 

1. Q. How do I make a claim for benefits? ................................................... .40 

2. Q. When will I be notified about the status of my application for 

benefits? ................................................................................................... 40 

3. Q. What information will I receive if my claim for benefits is denied? ...... .40 

4. Q. How do I appeal an adverse decision? ............................................... .40 

5. Q. What rights do I have following my appeal? ....................................... .42 

MISCELLANEOUS .............................................................................................. 42 

1. Q. Who administers the plan? ................................................................. .42 

2. Q. Who contributes to the Plan? .............................................................. .42 

3. Q. How do pension funds accumulate? .................................................... 42 

4 

LAB265_00235
4. Q. Are there legal documents covering the Plan? .................................... 43 

5. Q. Can the Plan be amended? ................................................................. 43 

6. Q. Can the Plan be terminated? ............................................................... 43 

7. Q. Are my benefits under the Plan insured? ............................................. 43 

5 

LAB265_00236
SUMMARY PLAN DESCRIPTION 

FOR THE LABORERS LOCAL 265 PENSION PLAN 

February 2017 

To Participants and Beneficiaries of the Pension Plan: 

We are pleased to present this summary of the main provisions of the Laborers Local 

265 Pension Plan. 

This booklet reflects Plan amendments that have been adopted through February 2017 

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

those who are eligible, and the procedures that must be followed when applying for a 

benefit. This booklet also includes important information concerning your rights as a 

Participant or beneficiary. 

This booklet is simply a summary, and does not contain all of the details of the Laborers 

Local 265 Pension Plan or the federal tax laws applicable to tax-qualified plans. This 

booklet does not change, expand, or otherwise interpret the terms of the Plan. Your 

rights can only be determined by referring to the full text of the Plan document. If there 

is any discrepancy between the provisions of this summary and the Plan 

document itself, it is the Plan document that determines the provisions of this 

Plan, not this summary. 

Only the full Board of Trustees is authorized to interpret the Plan. No other individual or 

organization, such as your Union or Employer, or any other employee or representative, 

is authorized to interpret this Plan or act as an agent of the Board of Trustees. Please 

direct all questions regarding the Plan to the Board of Trustees. 

The Board of Trustees also retains the authority to amend the Plan. You will be notified 

by mail of any important changes in the Plan. Therefore, it is very important that the 

Board of Trustees and the Fund Office be notified immediately of any changes in your 

mailing address. It is your responsibility to ensure that your address is current. 

We urge you to read this booklet carefully in order to become familiar with the Plan. 

Furthermore, we strongly recommend that you share this booklet with your family. If you 

should ever have any questions about the Plan, please contact the Board of Trustees 

for assistance. 

BOARD OF TRUSTEES 

LABORERS LOCAL 265 PENSION PLAN 

c/o American Benefit Corporation 

205 West Fourth Street, Suite 225 

Cincinnati, Ohio 45202 

(513) 381-6886 or (800) 832-7113 

6 

LAB265_00237
PLAN INFORMATION 

Name of Plan: 

The formal name of the Plan is the Laborers Local 265 Pension Plan. For purposes 

of this summary, it will be referred to as the "Pension Plan" or the "Plan". 

Type of Plan: 

The Plan is a defined benefit pension plan. This means that, if you are eligible, you 

will receive a monthly pension benefit payable at your Normal Retirement Date 

based upon your Years of Service under the Plan and contributions made on your 

behalf. 

Identification Number of Plan Sponsor: 

31-6127282 

Plan Number: 

001 

Plan Year: 

The Plan Year is the 12-month period beginning November 1st and ending October 

31st. 

Plan Sponsor and Administrator: 

Board of Trustees of the Laborers Local 265 Pension Plan 

c/o American Benefit Corporation 

205 West Fourth Street, Suite 225 

Cincinnati, Ohio 45202 

Phone: (513) 381-6886 

(800) 832-7113 

Fax: (513) 381-0238 

Fund Office (Third Party Administrator}: 

To request information regarding the Pension Plan, please contact: 

American Benefit Corporation 

205 West Fourth Street, Suite 225 

Cincinnati, Ohio 45202 

Phone: (513) 381-6886 

(800) 832-7113 

Fax: (513) 381-0238 

7 

LAB265_00238
Trustees: 

The Plan is administered by a joint Board of Trustees, which is made up of three 

Employer Trustees and three Union Trustees. The Trustees are fiduciaries for the 

Plan and have the authority to control and manage the operation and administration 

of the Plan. At the present time, the Trustees are as follows: 

Management Trustees: 

Nicholas Weisbrod 

Weisbrod Masonry, Inc. 

308 Bradley Avenue 

Cincinnati, Ohio 45215 

Phillip Neumann 

Universal Contracting Corp. 

5151 Fishwick Drive 

Cincinnati, Ohio 45216 

Thomas Toman 

2803 Mill Pond Court 

Hamilton, Ohio 45011 

Legal Counsel; 

Ledbetter Parisi LLC 

9240 Marketplace Drive 

Miamisburg, Ohio 45342 

Phone: (937) 619-0900 

Fax: (937) 619-0999 

Agent for Service of Legal Process: 

Union Trustees: 

Robert Richardson 

Laborers Local 265 

3457 Montgomery Avenue 

Cincinnati, Ohio 45207 

Anthony Brice 

Laborers Local 265 

3457 Montgomery Avenue 

Cincinnati, Ohio 45207 

John Phillips 

Laborers Local 265 

3457 Montgomery Avenue 

Cincinnati, Ohio 45207 

Service of Legal Process may be made upon the Plan Attorney, the Plan Fund 

Office, or any of the Plan Trustees at the addresses shown above. 

Plan Funding: 

The Plan is funded by contributions made by Employers signatory to the Collective 

Bargaining Agreement. Contributions are held in trust pursuant to the Laborers 

Local 265 Restated Agreement and Declaration of Trust, which was signed on 

November 18, 1976. 

8 

LAB265_00239
Collective Bargaining Agreement: 

The Plan is maintained pursuant to Collective Bargaining Agreements between the 

Laborers' International Union of North America Local 265 (AFL-CIO) and all 

Employers signatory to and participating in these agreements. You may request 

copies of these Collective Bargaining Agreements by contacting the Board of 

Trustees in writing. A reasonable fee may be charged for copying expenses. You 

may also examine copies of the Collective Bargaining Agreements at your Union 

Hall. If you give the Board of Trustees at least 10 days advance written notice, 

copies of the Collective Bargaining Agreements will be made available at any work 

site where 50 or more Participants are working. 

Contributing Employers: 

The Plan is maintained as a result of collective bargaining between local Unions 

affiliated with the Laborers' International Union of North America Local 265 (AFLCIO) and various Contributing Employers. Upon written request to the Fund Office, 

you will be provided with information about whether a particular employer or union is 

contributing to the Plan and, if so, its address. 

9 

LAB265_00240
STATEMENT OF YOUR ERISA RIGHTS 

As a Participant in the Laborers Local 265 Pension Plan, you are entitled to certain 

rights and protections under the Employee Retirement Income Security Act of 1974 

(ERISA). ERISA provides that all Plan Participants shall be entitled to: 

Receive Information about Your Plan and Benefits: 

• Examine, without charge, at the Plan Administrator's office and at other specified 

locations, such as worksites and Union halls, all documents governing the Plan, 

including insurance contracts and Collective Bargaining Agreements, and a copy 

of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. 

Department of Labor and available at the Public Disclosure Room of the 

Employee Benefit Security Administration. 

• Obtain, upon written request to the Plan Administrator, copies of documents 

governing the operation of the Plan, including insurance contracts and Collective 

Bargaining Agreements, and copies of the latest annual report (Form 5500 

Series) and updated Summary Plan Description. The Plan Administrator may 

charge a reasonable fee for the copies. 

• Receive a summary of the Plan's annual financial report. The Plan Administrator 

is required by law to furnish each Participant with a copy of this summary annual 

report. 

• Obtain a statement telling you whether you have a right to receive a pension at 

Normal Retirement Age and if so, what your benefits would be at Normal 

Retirement Age if you stop working under the Plan now. If you do not have a right 

to a pension benefit, the statement will tell you how many more years you have 

to work to earn a right to a pension. This statement must be requested in writing 

and is not required to be given more than once every twelve ( 12) months. The 

Plan must provide the statement free of charge. 

Request copies of certain actuarial and financial documents about the Plan. This access 

is intended to increase the transparency of the Plan and to allow you to better 

understand the Plan's funding and financial status. You may submit a written request to 

the Plan Administrator for copies of any of the following documents: 

• Any periodic actuarial report (including sensitivity testing) received by the Plan for 

any Plan Year, so long as the report has been in the Plan's possession for at 

least 30 days. 

• Any quarterly, semi-annual, or annual financial report prepared for the Plan by 

any Plan investment manager or advisor or other fiduciary that has been in the 

Plan's possession for at least 30 days. 

10 

LAB265_00241
• Any application filed with the Secretary of the Treasury requesting an extension 

under Section 304 of ERISA or Section 431 (d) of the Internal Revenue Code and 

the Secretary's determination on the application. 

However, the following procedures and limitations apply to the disclosure of these 

actuarial and financial documents: 

• The requirements apply only to Plan Years beginning after December 31, 2007. 

• The Plan Administrator has 30 days from the day that your written request was 

received to provide the documents. 

• The Plan Administrator may charge a reasonable fee that covers the cost of 

furnishing the requested documents. 

• The Plan Administrator will not respond to requests for reports or applications 

that have already been furnished to you within the 12-month period immediately 

prior to the date on which the request was received by the Plan. 

• The Plan Administrator is not required to furnish copies of outdated reports and 

will not provide copies of reports or applications that have been in the Plan's 

possession for six years or more as of the date on which the request was 

received by the Plan. 

• The Plan Administrator does not have to disclose the information or data that 

served as the basis for any report or application being requested. 

• The Plan Administrator will not disclose documents that contain individually 

identifiable or proprietary information about any Plan Participant, Beneficiary, 

Employee, fiduciary or Contributing Employer. 

Prudent Actions by Plan Fiduciaries: 

In addition to creating rights for Plan Participants, ERISA imposes duties upon the 

people who are responsible for operation of the employee benefit plan. The people who 

operate your Plan, called "Fiduciaries" of the Plan, have a duty to do so prudently and in 

the interest of you and other Plan Participants and Beneficiaries. No one, including your 

Employer, your Union, or any other person, may fire you or otherwise discriminate 

against you in any way to prevent you from obtaining a pension benefit or exercising 

your rights under ERISA. 

Enforce Your Rights: 

If your claim for a pension benefit is denied or ignored, in whole or in part, you have a 

right to know why this was done, to obtain copies of documents relating to the decision 

without charge, and to appeal any denial, all within certain time schedules. 

11 

LAB265_00242
Under ERISA, there are steps you can take to enforce your rights. For instance, if you 

request a copy of Plan documents or the latest annual report from the Plan and do not 

receive them within 30 days, you may file suit in a federal court. In such a case, the 

court may require the Plan Administrator to provide the materials and pay you up to 

$110.00 a day until you receive the materials unless the materials were not sent due to 

reasons beyond the Plan Administrator's control. 

If you have a claim for benefits that is denied or ignored, in whole or in part, you may file 

suit in a state or federal court. If it should happen that the Plan fiduciaries misuse the 

Plan's money, or if you are discriminated against for asserting your rights, you may seek 

assistance from the U.S. Department of Labor, or you may file suit in a federal court. 

The court will decide who should pay court costs and legal fees. If you are successful, 

the court may order the person you have sued to pay these costs and fees. If you lose, 

the court may order you to pay these costs and fees, for example, if it finds your claim is 

frivolous. 

Assistance with Your Questions: 

If you have any questions about your Plan, you should contact the Plan Administrator. If 

you have any questions about this statement or about your rights under ERISA, or if you 

need assistance in obtaining documents from the Plan Administrator, you should contact 

the nearest office of the Employee Benefit Security Administration, U.S. Department of 

Labor, 200 Constitution Avenue, N.W., Washington, DC 20210. You may obtain certain 

publications about your rights and responsibilities under ERISA by calling the 

publications hotline of the Employee Benefits Security Administration at 1-866-444-

EBSA (3272). The nearest area office of the Employee Benefits Security Administration 

is the Cincinnati Regional Office, 1885 Dixie Highway, Suite 210, Fort Wright, Kentucky, 

41011-2664; Phone: (859) 578-4680. Additional information is also available at 

http://www.dol.gov/ebsa. 

12 

LAB265_00243
ELIGIBILITY FOR PARTICIPATION 

1. Q. Who is eligible to participate in the Plan? 

A. Any person for whom contributions to the Plan are required by the Collective 

Bargaining Agreement or a participation agreement is eligible to participate in the 

Laborers Local 265 Pension Plan. This may include appointed officers or 

employees of the Union, and employees of the Trust Fund, if any, provided the 

Trustees agree to accept such individuals for participation. 

Self-employed persons are expressly excluded from participation in the Pension 

Plan, and include: 

• Sole proprietors who are Contributing Employers and their spouses; 

• Partners in a Contributing Employer, regardless of the size of the partnership 

interest, and their spouses; 

• Officers and/or directors of a Contributing Employer or anyone who, alone or 

with a spouse, owns 51% or more of the stock of a corporation that is a 

Contributing Employer; or 

• Anyone else whose ownership interest in a Contributing Employer or a nonContributing Employer would, in the opinion of the Board of Trustees, 

jeopardize the status of the Pension Plan or violate the Employee Retirement 

Income Security Act of 1974 (ERISA). 

If you are an owner/employee, contributions can no longer be made to the 

Laborers Local 265 Pension Plan on your behalf. However, if you continue 

working for the same signed Employer, you can earn additional Credited Service 

for vesting purposes but you will not accrue any more benefits. Please contact 

the Fund Office with any questions if this pertains to you. 

If you are fully vested, you will retain a non-forfeitable right to your accrued 

benefit and be eligible for a monthly pension from the Plan upon attaining your 

Normal Retirement Age. If you are not fully vested, you may lose your Credited 

Service and accrued benefit unless you continue you work for the same signed 

Employer and earn additional Years of Credited Service. Alternatively, you may 

cease being an owner and return to work for a Contributing Employer as an 

employee before suffering a Permanent Break in Service. For additional 

information, please see the sections of this Summary Plan Description titled 

"CREDITED SERVICE", "VESTING", and "LOSS OF PENSION BENEFITS". 

13 

LAB265_00244
2. Q. When will I become a Participant in the Plan? 

A. An employee will become a Participant as defined by the Plan on the first day of 

the month following the completion of 1,000 Hours of Service. Prior to November 

1, 1999, an employee became eligible to participate in the Plan upon the 

completion of one Hour of Service. 

If you belong to a Local not participating in this Plan, and if any contributions 

made on your behalf are required to be sent back to the Plan of your home Local 

based on a request filed with the Fund Office under a valid Reciprocity 

Agreement, you will not become a Participant in this Plan. 

3. Q. What does it mean to be an Active Participant in the Plan? 

A. Certain benefits are only available to those who are Active Participants in the 

Plan. To be an Active Participant, you must have earned at least one (1) year of 

Credited Service in the prior two (2) Plan Years. 

4. Q. Do I have to sign anything to join the Plan? 

A. No. However, it is very important that you keep the Fund Office informed of your 

current mailing address. It is the only way the Board of Trustees can notify you of 

any changes to the Plan or other developments regarding the Plan. If you need 

to update your address information, please contact the Plan's Fund Office at 205 

West Fourth Street, Suite 225, Cincinnati, Ohio 45202, or by calling (513) 381-

6886 or (800) 832-7113. 

In addition, since there may be death benefits payable under the Plan, a 

"Designation or Change of Beneficiary Form" should be completed and kept up to 

date. If you should ever need to update your status to reflect a marriage, a 

divorce, or the death of a spouse, please contact the Fund Office. 

5. Q. What is Covered Employment? 

A. Covered Employment is employment for which your Employer has agreed to 

contribute to the Pension Plan under a Collective Bargaining Agreement or any 

other written agreement. Covered Employment also includes employment with 

the Union as an employee of the Union or of the Pension Plan, or as an elected 

or appointed official of the Union, so long as the Union or the Pension Plan has 

agreed to make contributions to the Fund with respect to said employment. 

6. Q. What is an Hour of Service? 

A. An Hour of Service includes: 

14 

LAB265_00245
• Each hour for which you are paid or entitled to payment by your Employer for 

the performance of duties; or 

• Each hour fo,r which you are paid or entitled to payment for a period of time 

during which no duties are performed due to vacation, holiday, illness, 

incapacity (including disability), layoff, jury duty, military duty, or leave of 

absence. No more than 501 Hours of Service will be credited for such hours 

for any single continuous period of vacation, holiday, illness, incapacity 

(including disability), layoff, jury duty, military duty, or leave of absence; or 

• Each hour for which back pay is either awarded or agreed to by the Employer, 

irrespective of mitigation of damages; or 

• Each hour you are engaged in qualifying military service; or 

• Each hour for which you are paid or entitled to payment for the performance 

of duties as a result of a transfer to Non-Covered duties by your signatory 

Employer. These hours will only be used as a credit towards vesting 

purposes. 

7. Q. How will I be informed of the benefits earned under the Plan? 

A. Once a year you will receive a statement of your status under the Pension Plan. 

This statement is prepared at the end of the Plan Year (October 31st) and will list 

your Years of Credited Service. It will also contain information regarding your 

vesting status, accrued benefit, and other important information. If you have any 

questions about the statement, or if you believe there is an error (such as 

missing hours) it is important you contact the Plan's Fund Office 

immediately at 205 West Fourth Street, Suite 225, Cincinnati, Ohio 45202, or 

by calling (513) 381-6886 or (800) 832-7113. If you do not contact the Fund 

Office, the Board will presume that its records are correct when determining your 

benefits. The longer you wait to raise an issue, the more difficult it will be for the 

Fund Office to research your concerns and possibly adjust your benefit. 

CREDITED SERVICE 

1. Q. What is Credited Service? 

A. Credited Service is used to determine your eligibility for a benefit. If you are fully 

vested in your accrued benefit, you have a non-forfeitable right to a monthly 

pension payable at retirement. Once you are fully vested, you will have an 

unconditional right to a benefit from the Pension Plan even if you leave 

employment. If you are not vested, then you may not be entitled to any benefits 

from the Plan. For more information regarding vesting under the Pension Plan, 

see "VESTING". 

15 

LAB265_00246
2. Q. How do I earn Credited Service? 

A Your total Years of Credited Service are equal to the sum of your Credited Past 

Service and your Credited Future Service. Past Credited Service and Future 

Credited Service are defined as follows: 

Credited Past Service: 

• You will receive credit for service prior to November 1, 1968, up to a 

maximum of 20 years. 

Credited Future Service: 

• From November 1, 1968 to October 31, 1976, you will receive credit for one 

Year of Credited Future Service for each Plan Year in which contributions 

were made to the Fund for 1,000 or more hours worked. If contributions for 

less than 1,000 hours were received, you will receive one-tenth of one year of 

Credited Service for each 100 hours. For example, if contributions were 

received for 740 hours in a Plan Year, you would be credited with seventenths (0.7) of a Year of Credited Future Service. 

• After November 1, 1976, you will earn one Year of Credited Future Service for 

each Plan Year in which you complete 1,000 or more Hours of Service. If less 

than 1,000 Hours of Service are worked in a Plan Year, one-tenth of one year 

will be credited for each 100 hours worked. For example, if you work 480 

hours in a Plan Year, you would earn four-tenths (0.4) of a Year of Credited 

Future Service. 

You will not receive credit for more than one Year of Credited Service for 

any Plan Year. In addition, Years of Credited Service earned prior to a 

Permanent Break in Service will be disregarded. For more information regarding 

a Permanent Break in Service, see "LOSS OF PENSION BENEFITS". 

VESTING 

1. Q. What does it mean to be vested in my pension benefit? 

A. To be vested means that you have a non-forfeitable right to a future benefit. That 

is, even if you leave Covered Employment, you will still be eligible for a pension 

benefit when you reach retirement age. 

2. Q. How do I become vested? 

A. You will be fully vested under the Pension Plan when you satisfy one of the 

following conditions: 

16 

LAB265_00247
• You have earned ten or more Years of Credited Service; or 

• You have earned at least five Years of Credited Service and have been 

credited with at least one Hour of Service after October 31, 1996; or 

• You are an active Participant who is at least 62 years old and you have 

attained the 5th anniversary of the date on which you commenced 

participation in the Pension Plan. 

When determining a Participant's vested status, Years of Credited Service 

earned prior to a Permanent Break in Service are disregarded. Please see 

"LOSS OF PENSION BENEFITS" for information regarding a Permanent Break 

in Service. 

3. Q. How will I know if I am vested? 

A. Once a year you will receive a statement of your status under the Pension Plan. 

This statement is prepared at the end of the Plan Year (October 31st) and will list 

your Years of Credited Service. It will also contain information regarding your 

vesting status, accrued benefit and other important information. If you have any 

questions about the statement, or if you believe there is an error (such as 

missing hours) it is important you contact the Plan's Fund Office 

immediately at 205 West Fourth Street, Suite 225, Cincinnati, Ohio 45202, or 

by calling (513) 381-6886 or (800) 832-7113. If you do not contact the Fund 

Office, the Board will presume that its records are correct when determining your 

benefits. The longer you wait to raise an issue, the more difficult it will be for the 

Fund Office to research your concerns and possibly adjust your benefit. 

RECIPROCITY 

1. Q. What happens if I work for a signatory employer outside the jurisdiction 

of this Plan? 

A. If you perform work outside the jurisdiction of your local union, it may be possible 

to have that service count toward your pension if a reciprocity agreement exists 

between this Plan and the plan of the other Local where you go to work. 

However, even if there is such an agreement, you must complete and submit an 

application to initiate the transfer. Contributions are often transferred only 

from the date the application form is completed. Keep in mind, any 

contributions received by the other plan before you complete and submit the 

application may not be required to be forwarded. It is your responsibility to make 

sure that you complete this application in a timely manner. 

17 

LAB265_00248
2. Q. How do I know if a reciprocity agreement is in effect between the 

Laborers Local 265 and the Local in the area where I am working? 

A As soon as you become aware that you will be working in another jurisdiction, 

contact the Fund Office to determine whether or not a reciprocity agreement 

exists; and, if it does, whether the other jurisdiction will provide you with the 

proper forms to complete the application and initiate the transfer. Do not wait 

until the job in the other Local is finished before you apply. Most agreements 

have deadlines concerning the transfer of funds. If you wait too long to apply, 

benefits may be lost. 

LOSS OF PENSION BENEFITS 

1. Q. Is it possible for me to ever lose the Credited Service I have earned under 

the Pension Plan? 

A Yes. If you leave employment before becoming fully vested and do not return to 

work under the Plan within five years, you may lose both your Years of Credited 

Service and all rights to any benefits you may have earned under the Plan. 

2. Q. How would I lose my Credited Service? 

A. If you do not work any hours in a Plan Year, you will have a One-Year Break in 

Service. If you do not work any hours during a Plan Year but have earned at 

least five Years of Credited Service, you will be considered a Deferred Vested 

Participant. If you have less than five Years of Credited Service when you suffer 

a One-Year Break in Service, you will no longer be a Participant in the Pension 

Plan. 

However, you will not lose your Credited Service and pension benefits you have 

earned to date under the following circumstances: 

• You are totally disabled. A grace period will be granted for up to three years 

provided that you have submitted a notice in writing to the Trustees stating 

that you are disabled. 

• You are absent from employment for maternity or paternity reasons. 

• You are in the military service. A grace period will be granted for the length 

of such service provided you make yourself available for covered employment 

within the time period required by law following your separation from military 

service. Upon reentering Covered Employment you will also be credited with 

contributions, service and benefits for the period of time you were in the 

military according to IRS regulations. If you feel you should be credited for 

time spent in the military, please contact the Fund Office. See "PROVISIONS 

18 

LAB265_00249
RELATING TO VETERANS' REEMPLOYMENT' for more information about 

absence due to military service. 

• You remain employed by your employer, but in a category of work not 

considered Covered Employment. For example, suppose you are moved 

by your Employer (who has been contributing to the Plan on your behalf) to a 

position not covered by the Collective Bargaining Agreement. The law 

requires that all service in this new position be counted for purposes of 

determining whether or not you are vested. If you experience such a change 

in employment, you must notify the Fund Office in writing to ensure that you 

will not lose any benefits to which you may be entitled. 

3. Q. Can I regain my Credited Service if I return to Covered Employment? 

A If you are fully vested and return to employment with a Contributing Employer, 

any additional Years of Credited Service you earn will be added to the Service 

you had prior to your One-Year Break in Service. 

If you are not fully vested when you have a One-Year Break in Service, you can 

regain your prior credits by returning to work and earning an Hour of Service 

during any of the next five consecutive Plan Years (plus any grace periods 

granted above). If you return to employment during this period, any additional 

Service you earn will be added to the Years of Credited Service you had prior to 

your One-Year Break in Service. 

4. Q. What happens if I do not return to employment with an Employer? 

A If you do not return to employment within the period described above, you will 

have a Permanent Break in Service. This means that all of your Years of 

Credited Service and all rights to any benefits you may have earned under the 

Pension Plan will be permanently lost. If you return to employment with an 

Employer at a later date, you will start out again as if you were a new employee, 

with no Credited Service or benefits. 

EXAMPLE: You have two Years of Credited Service when you leave Covered 

Employment. However, you return to work and are credited with an Hour of 

Service after having four consecutive One-Year Breaks in Service. Since you 

returned to Covered Employment before having five consecutive One-Year 

Breaks in Service, you would regain your Years of Credited Service and any 

benefits you may have previously earned under the Plan. 

EXAMPLE: You leave Covered Employment after having completed four Years 

of Credited Service. You would then have five consecutive Plan Years within 

which to return to Covered Employment and regain your past credits. Suppose, 

however, that you do not return to Covered Employment until seven years later. 

19 

LAB265_00250
That is, you experienced seven consecutive One-Year Breaks in Service. This 

means that you would have a Permanent Break in Service, and all of your prior 

Years of Credited Service and benefits would be permanently lost. If you 

returned to Covered Employment at a later date, you would start out again as a 

new employee with no Credited Service and no benefits. 

EXAMPLE: You have three Years of Credited Service under the Pension Plan 

when you are called to military service for two years. If you returned to Covered 

Employment prior to seven consecutive One-Year Breaks in Service (five 

consecutive One-Year Breaks in Service plus the two-year grace period for your 

military service), you would regain your three Years of Credited Service and all 

rights to any benefits you may have earned under the Plan. Any Participant who 

is called or volunteers for military service is encouraged to contact the Fund 

Office for assistance. 

RETIREMENT BENEFITS 

1. Q. When can I retire under the Plan? 

A. The Plan provides Normal and Late Retirement benefits for all vested 

Participants. Early and Total & Permanent Disability benefits are available only to 

Active Participants. Descriptions of these benefits are described in greater detail 

in the sections that follow. In each instance, your eligibility for a benefit is based 

upon your age and the number of Years of Credited Service you have earned 

under the Pension Plan. The amount of your benefit is determined by the 

contributions made on your behalf for hours worked prior to your Benefit 

Commencement Date. 

When you want to begin receiving retirement benefits from the Plan, you must 

make a written application to the Board of Trustees on a form provided by the 

Fund Office. Benefit payments will not start until the first day of the month 

following the date on which your complete, written benefit application form 

is received by the Fund Office. 

2. Q. Can I continue to work for a Contributing Employer and receive my 

retirement benefits? 

A. No. In order to comply with IRS rules, the Plan will not allow you to begin 

receiving retirement benefits while you continue · to work for a Contributing 

Employer. Additionally, if you retire and return to work for a Contributing 

Employer within 60 days, the Trustees may determine that you did not actually 

intend to retire. This could lead to your pension benefits being stopped and 

would force the Trustees to recover the amount you improperly received. 

20 

LAB265_00251
NORMAL RETIREMENT 

1. Q. When can I begin receiving my Normal Retirement Benefit? 

A. Your Normal Retirement Age is either age 62 or the 5th anniversary of your 

participation in the Plan, whichever occurs later. It must be noted that in 

determining your fifth anniversary of Plan participation, service before a 

Permanent Break in Service is disregarded. See "LOSS OF PENSION 

BENEFITS" for information regarding a Permanent Break in Service. 

2. Q. What is my Normal Retirement Date? 

A. Your Normal Retirement Date is the first day of the calendar month following or 

coincident with the attainment of your Normal Retirement Age. 

3. Q. If I commence receipt of retirement benefits on my Normal Retirement 

Date, how much will my monthly pension be? 

A. The formula for calculating your pension has been modified a number of times 

over the years. As of October 31, 2016, the formula is as follows: 

• $1.50 per year of Credited Past Service (service prior to November 1, 1968, 

with a maximum of 20 years) reduced by one year for each year of credited 

future service; plus 

• 4.35% of employer contributions received for hours worked between 

November 1, 1968 and October 31, 1976; plus 

• $1.00 for each 100 hours worked in a Plan Year between November 1, 1976 

and October 31, 1977; plus 

• $1.50 for each 100 hours worked in a Plan Year between November 1, 1977 

and October 31 , 1979; plus 

• $1.75 for each 100 hours worked in a Plan Year between November 1, 1979 

and October 31, 1982; plus 

• $2.50 for each 100 hours worked in a Plan Year between November 1, 1982 

and October 31, 1983; plus 

• 2.24% of employer contributions received for hours worked between 

November 1, 1983 and October 31, 1985; plus 

• 2.552% of employer contributions received for hours worked between 

November 1, 1985 and October 31, 1987; plus 

• 2.65% of employer contributions received for hours worked between 

November 1, 1987 and October 31, 1988; plus 

• 2.915% of employer contributions received for hours worked between 

21 

LAB265_00252
November 1, 1988 and October 31, 1994; plus 

• 2.50% of employer contributions received for hours worked between 

November 1, 1994 and October 31, 1999; plus 

• 2.30% of employer contributions received for hours worked between 

November 1, 1999 and February 28, 2009; and 

• Effective March 1, 2009, $15.00 for each Plan Year you perform at least 

1,200 Hours of Service at the base journeyman rate. Pro-rata benefits will be 

credited for work performed at a different contribution rate, or for more/fewer 

Hours of Service. 

In addition, the accrued benefits of active Participants and the monthly pensions 

of retirees and beneficiaries have been increased as follows: 

Date Active Increase Retiree Increase 

November 1, 1983 10% 10% 

November 1, 1985 10% 10% 

November 1, 1986 15% 15% 

November 1, 1987 5% 5% 

November 1, 1988 10% 10% 

November 1, 1990 5% 5% ($25 min.) 

November 1, 1991 10% 5% ($25 min.) 

November 1, 1992 5% 5% ($25 min.) 

November 1, 1993 5% Extra check ($200 min.) 

November 1, 1994 10% 5% 

November 1, 1996 6% 6% 

November 1, 1996 10% 10% 

November 1, 1997 10% 10% 

November 1, 1998 4% 4% 

4. Q. Is there a way that I can estimate the monthly pension I will receive at my 

Normal Retirement Date? 

A Once a year you will receive a statement of your status under the Pension Plan. 

This statement is prepared at the end of the Plan Year (October 31st) and will list 

your Years of Credited Service. The statement will also contain information 

regarding your vesting status, accrued benefit and other important information. If 

22 

LAB265_00253
you have any questions about the statement, or if you believe there is an 

error {such as missing hours) it is important you contact the Plan's Fund 

Office immediately at 205 West Fourth Street, Suite 225, Cincinnati, Ohio 

45202, or by calling (513) 381-6886 or (800) 832-7113. If you do not contact the 

Fund Office, the Board will presume that its records are correct when determining 

your benefits. The longer you wait to raise an issue, the more difficult it will be for 

the Fund Office to research your concerns and possibly adjust your benefit. 

To obtain an estimate of your retirement benefit, you can add the accrued benefit 

shown on your most recent statement to the anticipated benefit you will earn for 

each year until you retire. The accrued benefit you earn for each year will be 

dependent upon the number of hours you work as well as the contribution rate. 

As you approach retirement age, you can also contact the Fund Office and 

request a benefit estimate. 

EARLY RETIREMENT 

1. Q. Can I elect to begin receiving retirement benefits prior to my Normal 

Retirement Date? 

A. Yes. You may be eligible to commence receipt of an Early Retirement benefit if 

you are at least age 55, you have earned five or more Years of Credited Service 

and are an Active Participant. Please note that, in determining your eligibility for 

an Early Retirement benefit, any Years of Credited Service you may have earned 

prior to a Permanent Break in Service will be disregarded. 

If you are eligible for an Early Retirement benefit from the Plan and you wish to 

commence receipt of your pension, you must submit a written application to the 

Board of Trustees. Benefit payments will not start until the first day of the 

month following the date on which your complete, written benefit 

application form is received by the Fund Office. 

2. Q. How much will my monthly pension be if I commence receipt of benefits 

before my Normal Retirement Age? 

A. The Plan has three different Early Retirement options. The amount of the 

pension payable would be determined by the option for which you are eligible. 

Below is a brief description of each of the Early Retirement options offered under 

the Plan. 

• Age 55 with Ten or more Years of Credited Service: If you are at least 

age 55, have ten or more Years of Credited Service and are an Active 

Participant, you would be entitled to a monthly pension equal to the accrued 

benefit you have earned as of your Early Retirement Date reduced by 1

/1ao for 

each of the first 48 months that your Early Retirement Date precedes your 

23 

LAB265_00254
Normal Retirement Date. Your benefit will be further reduced by 1

/3so for each 

of the next 36 months that your Early Retirement Date precedes your Normal 

Retirement Date. 

• Age 55 with Five or more Years of Credited Service and one Hour of 

Service after October 31 , 1996: If you are at least age 55, have five or more 

Years of Credited Service, have been credited with at least one Hour of 

Service after October 31, 1996 and are an Active Participant, you would be 

entitled to a monthly pension equal to the accrued benefit you have earned as 

of your Early Retirement Date reduced by 1

/ 180 for each of the first 48 months 

that your Early Retirement Date precedes your Normal Retirement Date. 

Your benefit will be further reduced by 1

/360 for each of the next 36 months 

that your Early Retirement Date precedes your Normal Retirement Date. 

• Age 55 with 30 or more Years of Credited Service: If you are at least age 

55, you have been credited with 30 or more Years of Service under the 

Laborers Local 265 Pension Plan and are an Active Participant, you would be 

entitled to a monthly pension equal to your accrued benefit. If you fulfill these 

eligibility requirements, your accrued benefit would not be reduced for early 

commencement. For retirements on and after July 1, 2002, you would be 

eligible for an unreduced Early Retirement benefit if you are at least age 55 

and have 30 or more Years of Service when your service under the Laborers 

Local 265 Pension Plan is combined with your service under the Laborers' 

District Council and Contractors' Pension Fund of Ohio. To be eligible for an 

unreduced Early Retirement benefit, you must have been credited with at 

least 1,000 Hours of Service in the Laborers Local 265 Pension Plan. As of 

February 1, 2017, this benefit is only available to Active Participants. 

EXAMPLE: You are age 60, have 25 Years of Credited Service and are an 

Active Participant. You have an accrued monthly benefit of $2,500. Your Normal 

Retirement Age is 62, but you wish to retire 24 months early at age 60. You 

would receive a monthly pension of $2,166.67, calculated as follows: 

Accrued Benefit earned at age 60 

LESS: Early Retirement Reduction 

[$2,500.00 X (1/150 X 24)] 

Total 

$ 2,500.00 

333.33 

$ 2,166.67 

EXAMPLE: You are age 56, you are an Active Participant and have 31 Years of 

Service under the Laborers Local 265 Pension Plan. You have an accrued 

benefit of $2,845 per month. Since you meet the necessary age and service 

requirements, you would be entitled to an unreduced monthly pension benefit of 

$2,845 payable at age 56. 

LA TE RETIREMENT 

24 

LAB265_00255
1. Q. Do I have to retire at my Normal Retirement Age? 

A. No. If you wish, you may postpone your retirement beyond your Normal 

Retirement Date. However, the Plan requires that retirement benefits begin no 

later than the April 1st following the calendar year in which you reach age 701⁄2. 

2. Q. If I continue to work past my Normal Retirement Age, what monthly 

pension amount will I receive upon retirement? 

A. If you continue to work after your Normal Retirement Age, your pension will 

continue to increase as contributions are made to the Plan on your behalf. 

Monthly pension payments will be suspended under the Plan's suspension of 

benefits rules until you retire and file an application for benefits. This suspension 

will be determined in the same manner as for a member who retires and then 

returns to work. For more information, see "SUSPENSION OF BENEFITS 

RULES". When you retire, the actual pension payable will be no less than the 

benefit payable at your Normal Retirement Date actuarially increased to reflect 

commencement at your Late Retirement Date. 

TOTAL AND PERMANENT DISABILITY RETIREMENT 

1. Q. Are there any benefits payable from the Plan if I become disabled? 

A. Yes. The Plan provides a Total and Permanent Disability benefit to Active 

Participants. To be eligible for this benefit you must have become totally and 

permanently disabled while an Active Participant in the Plan. 

2. Q. What is meant by "Total and Permanent Disability"? 

A. Total and Permanent Disability means a medically determinable physical or 

mental impairment that makes an individual unable to engage in any gainful 

employment. You will be considered totally and permanently disabled only if 

you have received a determination of Total and Permanent Disability from the 

Social Security Administration. 

Upon receipt of evidence of your disability, the Board of Trustees may require 

you to submit to an examination by physicians of their choosing. The Board of 

Trustees may periodically request that you submit additional medical proof and/or 

documentation that you are totally and permanently disabled and no longer able 

to engage in any type of gainful employment. You may also be required to submit 

to periodic medical reexaminations as directed by the Board of Trustees. 

25 

LAB265_00256
3. Q. If I am eligible for a Total and Permanent Disability Retirement benefit 

from the Plan, what will be the amount of my benefit? 

A. The amount payable under Total and Permanent Disability retirement will be 

determined according to your total number of Years of Credited Service: 

• If you have been credited with more than five Years of Credited Service 

you will receive disability benefits that are actuarially equivalent to you·r 

Accrued Benefit, reduced for each month that the commencement of disability 

benefits precede the your Normal Retirement Date. This benefit will be paid 

to you until you reach your Normal Retirement Age. When you reach your 

Normal Retirement Age, you can elect to receive your benefit in any one of 

the forms of payment offered under the Plan and the benefit you have been 

receiving may be reduced based upon the payment option selected. 

• If you have been credited with less than five Years of Service, or if you are 

not an Active Participant, then no disability benefits are payable from the 

Plan. 

Effective for disabilities occurring on or after August 1, 2006, five Years of 

Credited Service will mean five Years of Service earned under the Laborers 

Local 265 Pension Plan or any other Pension Fund affiliated with the 

International Laborers Union of North America. 

4. Q. When will my Total and Permanent Disability pension start? 

A. If you received a Social Security disability award, then your Total and Permanent 

Disability benefits from the Pension Plan will start the first day of the month 

following the month your application is received or when you begin receiving 

payments from Social Security, whichever occurs later. It is important you 

apply for benefits as soon as possible. 

5. Q. How do I apply for a Total and Permanent Disability Retirement benefit? 

A. As soon as you believe you are disabled, you may file an application for a Total 

and Permanent Disability benefit with the Fund Office at 205 West Fourth Street, 

Suite 225, Cincinnati, Ohio 45202. The Fund Office will require proof of your 

disability in the form of a Social Security determination of disability. They will also 

tell you what other documents must be furnished. 

6. Q. Can I commence receipt of Early Retirement benefits while waiting for a 

disability award? 

A. No. Participants must choose whether to pursue the Early Retirement option or 

26 

LAB265_00257
the Total & Permanent Disability benefits. 

7. Q. What happens if I recover from my Total and Permanent Disability? 

A. Total and Permanent Disability benefits are only payable from the Plan so long 

as you remain Totally and Permanently Disabled. If you recover sufficiently from 

your disability to return to any type of work, your Total and Permanent Disability 

benefit will be stopped. 

However, under Social Security you are permitted to work on a limited basis to 

determine if recovery from your disability is possible. The Plan also allows for 

similar employment, but you would not be entitled to a monthly disability payment 

for any month you work more than the amount specified by Social Security. 

If you return to work, even on a limited basis, you must notify the Fund Office in 

writing within 15 days after the end of the month in which you were employed. If 

such notification is not made, your disability benefits will be suspended for 12 

months in addition to the duration of such employment. 

If you recover from your disability and return to Covered Employment, you will 

resume earning Credited Service, and any subsequent retirement pension to 

which you may be entitled will be based on the pension benefits you had earned 

prior to becoming disabled, plus those you earn after returning to Covered 

Employment. 

If you received a return of contributions disability retirement benefit and you 

return to work, you must repay the amount of the lump sum received within two 

years of your re-entry into the Plan. If you do so, the Credited Service and 

benefits you had accrued under the Plan at the time of your disability will be 

restored. If such payment is not made, you will be treated as a new Participant. 

8. Q. Once I begin receiving a Total and Permanent Disability benefit, is there 

anything I need to do to make sure the benefit continues? 

A. Yes. Disabled retirees are required to provide annual verification of their 

disability. This verification includes providing the Fund Office with medical 

verification of the disability. The verification must be signed and notarized. 

Failure to comply can result in a suspension of monthly benefits. 

DISABLED FROM THE TRADE RETIREMENT 

1. Q. Does the Plan provide any benefits if I do not meet the eligibility 

requirements for a Total and Permanent Disability benefit, but I can no longer work 

as a Laborer? 

27 

LAB265_00258
A. No. The Trade Disability benefit was removed from the Plan as of February, 

2017. 

FORM OF PENSION PAYMENT 

1. Q. How will my retirement benefits be distributed? 

A. Your benefit will be paid as an annuity in equal monthly installments. 

If you are not married on your benefit commencement date, your retirement 

benefit will be paid as a Single Life Annuity. Under this form of payment, you will 

receive monthly pension payments for your lifetime. Upon your death, no further 

monthly benefits will be payable to your beneficiaries. 

If you are married at the time benefits commence, your pension will be paid on 

a reduced basis as an actuarially equivalent Qualified Joint & One-Half Survivor 

Annuity. Under this form of payment, you will receive monthly pension payments 

for your lifetime. Upon your death, your spouse will receive a monthly benefit 

equal to 50% of the amount you were receiving at the time of your death so long 

as your spouse is still alive. 

To assist you with this process, you will be provided detailed information 

regarding the optional forms of benefits available, the relative value of each 

optional form, the monthly amount payable under each form, and other 

information. You will have a period of not more than 180 days or less than 30 

days to decide whether or not you want your benefits paid as a Qualified Joint & 

One-Half Survivor Annuity. If you and your spouse choose to waive this election 

period, then the election period will not be less than seven days. 

If you reject payment as a Qualified Joint & One-Half Survivor Annuity, your 

spouse must consent to your election, waiving any right to a benefit that would be 

paid upon your death. This waiver must be signed by your spouse in the 

presence of a notary public, and confirm your spouse's consent to your election 

of payment in any of the optional forms, including a single life annuity. If your 

spouse does not complete the waiver, your monthly pension will be paid as a 

Qualified Joint & One-Half Survivor Annuity in accordance with the Employee 

Retirement Income Security Act of 1974 (ERISA). 

2. Q. Are there other forms of payment offered under the Plan? 

A. Yes. The Plan allows several options for the form of your monthly pension. 

Detailed explanations of these payment options are described as follows: 

Single Life Annuity: Under this form of payment, you will receive a monthly 

pension payable for your lifetime. Upon your death, monthly payments will stop. 

28 

LAB265_00259
This is the standard form of payment under the Plan for unmarried Participants. 

It is an optional form of payment for married Participants. 

Qualified Joint & One-Half Survivor Annuity: This form of payment provides 

you with a reduced monthly pension payable for your lifetime. Upon your death, 

if your spouse is still living, he or she will receive a benefit equal to one-half of the 

monthly pension you were receiving at the time of your death. If you are 

married, this form of benefit will be automatically applied unless you elect 

an alternate form of benefit and the Qualified Joint & One-Half Survivor 

Annuity is properly waived by your spouse. 

Qualified Joint & Two-Thirds Survivor Annuity: This form provides you with a 

reduced monthly pension payable for your lifetime. Upon your death, if your 

spouse is still living, he or she will receive a benefit equal to two-thirds of the 

monthly pension you were receiving at the time of your death. 

Qualified Joint & Three-Fourths Survivor Annuity: This form provides you 

with a reduced monthly pension payable for your lifetime. Upon your death, if 

your spouse is still living, he or she will receive a benefit equal to three-fourths of 

the monthly pension you were receiving at the time of your death. 

Qualified Joint & Full Survivor Annuity: This form of payment provides you 

with a reduced monthly pension payable for your lifetime. Upon your death, if 

your spouse is still living, he or she will receive a benefit equal to 100% of the 

monthly pension you were receiving at the time of your death. 

Joint & Survivor with "Pop-up" Option: At the election of a retiring member, a 

"pop-up" option can be added to any of the above Joint & Survivor benefits. 

Under this form of payment, you would receive a reduced monthly pension 

payable for your lifetime. Upon your death, if your spouse is still living, he or she 

would receive a benefit equal to one-half, two-thirds, three-fourths or the full 

amount of the pension you were receiving at the time of your death. If, however, 

your spouse should pre-decease you, your benefit would "pop-up" to the amount 

that would have been payable as a Single Life Annuity. That is, the amount by 

which your accrued benefit was reduced at your retirement because of your 

election of the Joint and Survivor form of benefit would be added back to your 

pension. The "Pop-Up" option is paid for through an actuarial reduction to your 

monthly benefit payment. Full details regarding this option will be provided to you 

during the retirement application process. 

Please Note: Under any of the Joint & Survivor forms of payment, the 

survivorship benefit is only payable to the spouse you were married to 

when your benefit payments originally began. A subsequent spouse is not 

eligible for these benefits. 

3. Q. If I elect to receive my benefit in the form of a Joint & Survivor Annuity, 

29 

LAB265_00260
how will my monthly pension be calculated? 

A. Since the Joint & Survivor benefit is paid over two lifetimes instead of one, the 

monthly amount payable would be reduced. Full details will be provided to you 

during the retirement application process. You are encouraged to carefully 

evaluate the options and talk with your own personal financial advisor to 

determine which option is best for you and your spouse. 

When you begin planning for your retirement, you may contact the Fund Office at 

205 West Fourth Street, Suite 225, Cincinnati, Ohio 45202, or by calling (513) 

381-6886 or (800) 832-7113 and request a written estimate of the amounts 

payable as a Joint & Survivor Annuity, as well as the amounts payable under the 

"pop-up" option. 

4. Q. Does this Plan provide benefits to a same sex spouse? 

A. Yes. The Plan's definition of "spouse" includes a same-sex husband or wife. 

However, civil unions and domestic partnerships will not qualify for the Joint and 

Survivor form of payment. 

5. Q. Can I receive my pension benefits in a lump sum distribution? 

A. Generally, no. However, if the actuarial present value of your accrued benefit is 

less than $1,000, you would automatically receive a lump sum distribution in lieu 

of a monthly pension at your retirement date. Upon receipt of this distribution, 

there would be no further benefits payable to you or, if applicable, your spouse at 

a future date. 

If you receive your benefit in a lump sum and again become a Participant in the 

Plan, you can repay the amount you received plus interest at the rate determined 

by the IRS, and your benefit in the Plan would be restored. The repayment must 

be made within five years after becoming a Participant again or before you have 

five consecutive One-Year Breaks in Service after the distribution, whichever 

date comes first. If you do not make this repayment, any future benefit to which 

you are entitled would not include the value of the benefit that was represented 

by your lump sum payment. If you return to covered employment, you must 

contact the Fund Office immediately if you want to repay any previous lump sum 

payment of your benefit. 

6. Q. Can I rollover my lump sum distribution into another qualified retirement 

plan? 

A. Remember that almost all lump sum distributions have been eliminated from the 

Plan as of February 26, 2010. Nonetheless, if a lump sum distribution is 

available from the Plan, you can "rollover'' that payment into an eligible retirement 

30 

LAB265_00261
plan (either an individual account or an annuity). Please consult with your tax 

advisor regarding the definition of an eligible retirement account and the steps 

necessary for a rollover. 

In addition, the rollover rules apply to both spouse and non-spouse beneficiaries. 

Please see "DESIGNATION OR CHANGE OF BENEFICIARY" for more 

information about designating or changing your beneficiary. 

APPLICATION FOR BENEFITS 

1. Q. How do I apply to commence receipt of my retirement benefit? 

A. When you want to begin receiving benefits from the Plan, you must first contact 

the Fund Office and request the necessary application form. To allow the time 

needed to gather the required information and make your election regarding your 

form of payment, it is suggested that you make this request at least 90 days 

prior to your anticipated benefit commencement date. 

In order to assist you in your planning for retirement, you may request an 

estimate of the monthly pension amounts payable as of an expected retirement 

date. Once you decide upon an actual benefit commencement date, a final 

calculation of the benefits payable will be completed and a retirement application 

will be issued. If you should need an estimate, you should contact the Fund 

Office at 205 West Fourth Street, Suite 225, Cincinnati, Ohio 45202, or by calling 

(513) 381-6886 or (800) 832-7113. 

2. Q. How do I make my election regarding form of payment? 

A. Your election must be made in writing on forms furnished by the Fund Office 

and must be authorized by the Board of Trustees before your pension is to begin. 

This election can be made up to 180 days prior to the date on which your 

monthly pension is to begin. 

3. Q. What if I am married when I retire, but I do not wish to receive my 

benefits in the form of a Qualified Joint & Survivor Annuity? 

A. If you do not want your benefit to be paid as a Qualified Joint & Survivor Annuity, 

your spouse must consent to your election, waiving any right to a benefit that 

would be paid upon your death. This waiver must be signed by your spouse in 

the presence of a notary public, and confirm your spouse's consent to your 

election of payment in an optional form of benefit. If your spouse does not 

complete the waiver, your monthly pension will be paid as a Qualified Joint & 

One-Half Survivor Annuity in accordance with the Employee Retirement Income 

31 

LAB265_00262
Security Act of 197 4 (ERISA). 

4. Q. Can I change the form in which my retirement benefits are being paid 

after I have made my election? 

A. Before your benefits actually begin, you can cancel any election you have made 

by notifying the Fund Office. In addition, any optional form of payment would be 

canceled automatically if you or your spouse should die prior to the date on 

which your pension benefits are set to commence. Once your benefit 

payments have begun, however, you cannot change your form of payment. 

5. Q. What about Social Security Benefits? 

A. Any benefits you may receive from the Social Security Administration will be paid 

in addition to the benefits that may be paid from this Plan. 

6. Q. Do I have to pay taxes on any benefit I receive from the Plan? 

A. Yes. The benefits you receive from the Plan are taxable and must be included in 

your gross taxable income. It is recommended that you review any questions 

you might have in this regard with your tax advisor. 

7. Q. What if I receive an overpayment of benefits from the Pension Plan? 

A. No Participant or beneficiary is entitled to receive a benefit in excess of that 

which is provided according to the rules of the Plan. Any overpayment due to 

any administrative, mathematical, or other error must be repaid to the Plan. This 

repayment can made through a single payment, the actuarial reduction of future 

benefits, the offset of future benefit payments, or similar procedures. Under no 

circumstances will an overpayment become or be considered a vested benefit. 

8. Q. Does the Plan offer direct deposit of monthly pension payments? 

A. The Plan provides the option of direct deposit for retirees and beneficiaries 

receiving monthly pension payments from the Plan. If you elect direct deposit, 

your monthly pension payment will be deposited directly into your checking or 

savings account. Many retirees find this feature useful because it helps to 

eliminate any delays that may be caused by the mail service. Direct deposit can 

be set up at your retirement date or at a later date, if you so desire. If you have 

questions regarding direct deposit, please contact the Fund Office. 

32 

LAB265_00263
9. Q. Can I assign my benefits under the Plan? 

A. Generally, no. Before your benefits are distributed to you, they may not be sold, 

used as collateral for a loan, given away, or transferred in any way. Your 

creditors may not attach, garnish, or otherwise interfere with your right to a 

retirement benefit, except to the extent specifically provided for under federal law. 

10. Q. What happens if my spouse and I divorce? 

A. In some cases, a court may order the Plan Administrator to pay some, or all, of 

your benefit to your spouse, former spouse, child, or dependent on account of a 

marital separation, dissolution of marriage, or divorce. Before this could happen, 

a court order known as a Domestic Relations Order (ORO) would have to be 

presented to and accepted by the Plan Administrator. A ORO must satisfy certain 

conditions to be considered "Qualified" under the Internal Revenue Code. In 

addition, the ORO cannot require the Plan to pay any form of benefit that would 

not ordinarily be paid to a Plan Participant, such as a lump sum payment. Once 

the Plan Administrator and Plan Attorney accept the ORO, it becomes "Qualified". 

If you are divorcing and need assistance to divide your pension, you can obtain a 

free copy of the Plan's procedures governing Qualified ORO's. The Plan 

Administrator may also be able to provide sample DRO's Orders for your 

attorney's consideration and review. A request for this information should be 

directed to the Fund Office at 205 West Fourth Street, Suite 225, Cincinnati, Ohio 

45202, or by calling (513) 381-6886 or (800) 832-7113. 

33 

LAB265_00264
SUSPENSION OF BENEFITS RULES 

1. Q. What happens if I begin receiving retirement benefits and then go back to 

work? 

A. If you have commenced receipt of a Normal, Early, or Late Retirement benefit 

and you return to work, you will have your monthly pension benefit suspended for 

every month you work in Disqualifying Employment. The rules for suspension 

are slightly different for Disqualifying Employment performed prior to the 

attainment of Normal Retirement Age than for Disqualifying Employment 

performed after reaching Normal Retirement Age. 

• Before Normal Retirement Age: Members who retire before their Normal 

Retirement Date and who work in Disqualifying Employment will have their 

benefits suspended for every month they were so employed in that Plan 

Year and for two additional months following termination of reemployment. Pension benefits will be adjusted at the end of the Plan Year in 

which re-employment was terminated to include the adjusted age of the 

Participants and any additional benefits earned. 

• After Normal Retirement Age: Members who, after reaching their Normal 

Retirement Age, work in Disqualifying Employment in excess of 40 hours per 

month will have their benefits suspended for every month for which they are 

so employed. Upon termination of re-employment, pension benefits will be 

adjusted at the end of the Plan Year to include the adjusted age of the 

Participants and any additional benefits earned. 

Note that if you retired with at least 30 years of service and an unreduced 

monthly benefit, you will be subject to the suspension rules for those who have 

reached Normal Retirement Age. 

2. Q. What is meant by "Disqualifying Employment"? 

A. Disqualifying Employment means: 

~ Employment with a Contributing Employer; 

• Employment with any employer in the same business as any Contributing 

Employer; 

• Self-employment in the same business as any Contributing Employer; or 

• Employment or self-employment in any business which is or may be under 

Union jurisdiction. 

34 

LAB265_00265
Any retiree or Participant eligible for retirement who would like to know in 

advance whether specific contemplated employment would be considered 

Disqualifying Employment, may request a determination from the Fund Office. 

3. Q. What should I do if I decide to return to work after I begin receiving 

retirement benefits? 

A. You must notify the Fund Office in writing of any Disqualifying Employment 

(including self-employment) within 15 days after the end of the month in which 

you have any earnings from Disqualifying Employment. See "RETIREMENT 

BENEFITS" for important restrictions on returning to work within 60 days of 

retirement. 

4. Q. What must I do to start my monthly pension again after I stop working? 

A. Once pension benefits have been suspended, it is your responsibility to notify the 

Board of Trustees in writing when your pension benefit should again start. To 

do this, you may contact the Fund Office at 205 West Fourth Street, Suite 225, 

Cincinnati, Ohio 45202, or by calling (513) 381-6886 or (800) 832-7113. 

5. Q. If my benefit was suspended because I returned to work after retirement, 

how much will my monthly pension be once I stop working? 

A. If your benefits were suspended, then upon termination of employment you may 

apply for reinstatement of your monthly pension payment. You will receive a 

pension equal to the amount you were receiving prior to the date of your 

suspension. This benefit will continue to be paid in the form of payment you 

elected at your original retirement date. You will also be entitled to an additional 

pension benefit based upon the amount you may have accrued during your 

period of reemployment. You may elect to receive this additional benefit in any 

form of payment offered under the Plan. 

6. Q. What will happen if I receive pension benefits for a month in which they 

should have been suspended? 

A. If you receive a pension payment for a month that your benefit should have been 

suspended, the excess payments you received will be recovered by using the 

offset rule. Under this rule, the Fund Office will withhold your first monthly benefit 

check and future monthly benefits will be reduced by 25% until the improper 

payments have been fully recovered. 

7. Q. How can I find out more about the suspension of benefits rules? 

35 

LAB265_00266
A If you have any questions regarding the suspension of benefits rules, or if you 

would like to know in advance whether the type of work you propose to do will 

cause a suspension of your pension benefit, contact the Fund Office. If you ask 

for a determination on the application of the Suspension of Benefits Rules or for 

more information about the rules, you will receive a written response from the 

Fund Office. 

If you disagree with any actions taken by the Trustees in suspending benefits, 

you can file an appeal with the Plan Administrator. Please see "APPEALS 

PROCESS" for additional information. For more information regarding the 

suspension of benefits in connection with any Disability Pension, see "TOTAL 

AND PERMANENT DISABILITY RETIREMENT' and "DISABLED FROM THE 

TRADE RETIREMENT". 

DEATH BENEFITS 

1. Q. What happens if I die before I begin receiving retirement benefits? 

A As of February 26, 2010, if you are married and you die before you retire but are 

fully vested, your spouse will receive a Pre-Retirement Surviving Spouse's 

Benefit. This benefit will provide your spouse with a pension equal to the 

monthly benefit that would have been payable if you had retired on the later of 

your Earliest Retirement Age or the day before your death and elected a Joint & 

100% Survivor form of pension payment. Benefits will generally begin on the date 

you would have reached your Earliest Retirement Age. If you were not an Active 

Participant at the time of your death, then your Surviving Spouse must wait until 

the date you would have reached your Normal Retirement Age. 

As of February 26, 2010, if you are not married or if you are not fully vested 

and you die before you retire, then no benefits will be payable from the Plan on 

your behalf. 

2. Q. Are there any benefits payable upon my death if I die after I retire? 

A. If you are receiving your pension in the form of a Single Life Annuity, which 

provides you with a monthly benefit payable for your lifetime only, all benefits will 

stop upon your death. 

If you are receiving your pension in the form of a Joint & Survivor Annuity, then 

after your death your spouse will receive a monthly income according to the Joint 

& Survivor Option elected at retirement. If your spouse also dies, then the 

benefits will stop. 

36 

LAB265_00267
DESIGNATION OR CHANGE OF BENEFICIARY 

1. Q. How do I designate my beneficiary? 

A. When you become a Participant in the Plan, the Fund Office will provide you with 

a beneficiary designation form. Remember that almost all lump sum distributions 

have been eliminated from the Plan as of February 26, 2010. In the event a 

death benefit is payable from the Plan (other than the required Surviving Spouse 

benefit), it will be paid to the beneficiary designated on the "Designation or 

Change of Beneficiary Form". In most cases though, no benefits will be payable 

upon the death of an unmarried, or non-vested Participant. 

It is your responsibility to ensure that your beneficiary designation is both 

current and correct. 

2. Q. Can I change my beneficiary? 

A. You may change your designation of a beneficiary at any time by filing a new 

"Designation or Change of Beneficiary Form". When there is a change to any of 

the information that appears on the form, please complete a new form and return 

it to the Fund Office at 205 West Fourth Street, Suite 225, Cincinnati, Ohio 

45202. 

If you should ever need an additional form to update your status (for example, as 

the result of a marriage or divorce), or if you have any questions regarding your 

designation of a beneficiary, please contact the Fund Office 205 West Fourth 

Street, Suite 225, Cincinnati, Ohio 45202,or by calling (513) 381-6886 or (800) 

832-7113. 

It is your responsibility to ensure that your beneficiary designation is both 

current and correct. 

3. Q. May I designate someone other than my spouse as my beneficiary? 

A. If you are fully vested in your accrued benefit and you are married for at least one 

year at the time of your death, the standard death benefit is the Pre-Retirement 

Surviving Spouse's Benefit described in Question 1 of "DEATH BENEFITS". 

Prior to February 26, 2010, you could decline this benefit and designate any 

person of your choosing to receive a lump sum return of contributions death 

benefit. Unfortunately, the lump sum death benefit is no longer available. This 

means that if your spouse decides to waive all interest in the Plan, then no 

benefits will be paid to anyone after your death. If this rule changes in the future, 

you will be notified. 

37 

LAB265_00268
TERMINATION OF EMPLOYMENT 

1. Q. Am I entitled to a benefit from the Plan if I stop working in Covered 

Employment before reaching my Normal Retirement Age? 

A. If you are fully vested, you will be entitled to a monthly pension at your Normal 

Retirement Age even if you stop working in Covered Employment. See 

"VESTING" for more information about how to become fully vested under the 

Plan. 

2. Q. If I am eligible for a Deferred Vested Retirement Benefit, how much will 

my monthly benefit be? 

A. You will be entitled to a monthly benefit equal to the benefit you have accrued at 

the time you stopped working in Covered Employment. Any service earned prior 

to a Permanent Break in Service will be disregarded. See "LOSS OF PENSION 

BENEFITS" for more information about a Permanent Break in Service. 

EXAMPLE: You stop working for a Contributing Employer at age 48. You have 

earned 15 Years of Credited Service and have an accrued monthly benefit of 

$1,200. You would be entitled to receive a monthly pension payment of $1,200 at 

your Normal Retirement Age. 

3. Q. If I have terminated employment, when will I be eligible to begin receiving 

Early Retirement benefits? 

A. If you are an Active Participant, you will be eligible to commence receipt of a 

pension as of the first day of any month following your 55th birthday, but it will be 

paid on a reduced basis as provided under Early Retirement. See "EARLY 

RETIREMENT" for additional information. 

EXAMPLE: You stop working in Covered Employment at age 48 and have 20 

Years of Credited Service. You are fully vested in your accrued benefit of $1,200, 

which would be payable at your Normal Retirement Date. If you elect to 

commence receipt of pension benefits at age 55, you will receive a reduced 

benefit of $760 per month. 

Accrued Benefit earned at age 48 

LESS: Early Retirement Reduction 

[$1,200 X ((1/180 X 48) + (1/350 X 36)}] 

Total 

$ 1,200.00 

440.00 

$ 760.00 

If you are not an Active Participant, you must wait until Normal Retirement Age to 

commence your benefit payments. 

38 

LAB265_00269
PROVISIONS RELATING TO VETERANS' REEMPLOYMENT 

1. Q. What happens to my benefits under the Plan if I enter military service? 

A. Federal law governs your rights if you enter the military. It is possible for you to 

receive credit (for both service and benefits) if certain conditions are met. 

To protect your rights under the Plan, you must leave the geographic jurisdiction 

of the Plan for service in the military before your participation ceases, and you 

must notify your Employer (or the Board of Trustees) before you leave. Federal 

law excuses the notification requirement if you could not give advance notice 

because of military necessity or if giving the advance notice was impossible or 

unreasonable. 

To further protect your rights under the Plan, there are two deadlines that must 

be met. First, you must apply for work in Covered Employment within 90 days 

after you are released from military duty under honorable conditions. If you are 

hospitalized or recovering from an illness or injury incurred during the period of 

military service, then you must return after you have recovered, but not more 

than two years after the injury or illness began. 

Second, you must then notify the Board of Trustees in writing no later than 120 

days after applying for work in Covered Employment. The Board of Trustees will 

require that you provide written documentation regarding your military service. 

If you have satisfied the requirements for protecting your rights as a veteran, and 

have provided the Board of Trustees with the documentation it requests to verify 

your military service, you will receive credit for eligibility and benefits under the 

Plan. This benefit service will be limited to a maximum of five years and will be 

reduced by previous periods of military service. Generally speaking, your 

benefits will be based on the number of hours you worked in Covered 

Employment during the 12-month period that immediately preceded your entry 

into military service. 

For purposes of federal law, your military service may be with the Armed Forces 

of the United States, the Army National Guard or the Air National Guard (when 

engaged in active duty for training, inactive duty training, or full-time National 

Guard duty), the Commissioned Corps of the Public Health Service and any 

other category designated by the President in time of war or emergency. 

"Service" means the performance of duty on a voluntary or involuntary basis, 

including active duty, active duty for training, initial active duty for training, 

inactive duty training, full-time National Guard Duty, and a period for which you 

are absent from employment for a physical examination to determine your ability 

to perform military services. 

39 

LAB265_00270
2. Q. What happens if I die during a period of military service? 

A If you die during a period of military service, the Plan will grant you Credited 

Service as if you returned to Covered Employment the day prior to your death. 

However, no benefits will be accrued for your period of military service. Your 

family should contact the Fund Office as soon as possible to ensure all service is 

properly recorded and credited. 

CLAIMS PROCEDURES AND APPEALS PROCESS 

1. Q. How do I make a claim for benefits? 

A You can apply for benefits by obtaining a benefit application form from the Fund 

Office . at 205 West Fourth Street, Suite 225, Cincinnati, Ohio 45202, Phone: 

(513) 381-6886 or (800) 832-7113. You will be provided with the necessary 

benefit application forms and an explanation of the Qualified Joint & Survivor 

Annuity, along with the spousal consent requirements. You will need to complete 

the benefit application and return it along with any other documentation that may 

be requested by the Fund Office, such as copies of you and your spouse's birth 

certificates and your marriage license. Benefit payments from the Plan will not 

start until your claim for benefits has been presented at a Board of Trustees 

meeting and approved for payment. 

2. Q. When will I be notified about the status of my application for benefits? 

A The Fund Office will notify you whether your application has been approved or 

denied within a reasonable period of time after receipt of your benefit application 

and all necessary documents. If you are applying for Disability Benefits, the 

Fund Office must notify you of your application status within 45 days of 

submitting your application. In the event further time is required for a decision to 

be made, you will receive a written explanation of why more time is necessary. 

3. Q. What information will I receive if my claim for benefits is denied? 

A If your claim is denied, either totally or partially, you will be notified of the denial 

in writing. You will be told the specific reasons for the denial, as well as those 

portions of the Plan's rules that you did not meet. You will also be provided with 

detailed information regarding the Plan's appeal process. 

4. Q. How do I appeal an adverse decision? 

40 

LAB265_00271
A. You may request that your claim be reviewed if you do not agree with the claim 

denial, whether in whole or in part; you do not agree with how your claim was 

handled; or you did not receive a decision within the applicable time period. 

In the event of a discrepancy between the records maintained by the Plan and 

your claim, the Trustees will rely upon the records established and maintained by 

the Plan unless shown that Plan records should be modified. The Board of 

Trustees will have the sole discretion to interpret the Plan and determine the 

proper benefit payable from the Pension Plan. You will have the burden of 

proving that Plan records should be modified. 

You have 180 days following the date on which you are sent the written denial of 

your claim to appeal the determination to the Board of Trustees. The Trustees 

may grant an extension of time under certain circumstances. Your written appeal 

should be addressed to the Board of Trustees at 205 West Fourth Street, Suite 

225, Cincinnati, Ohio 45202. If you choose to appeal the denial of your claim for 

benefits, you may submit written comments, documents, records, and other 

information relating to your claim to the Board of Trustees for their review in your 

appeal. The Board of Trustees will provide to you free of charge all documents, 

records, and other information relevant to your claim for benefits. 

You can legally authorize someone else to file your request for review and 

otherwise act for you. You and/or your representative can review materials in the 

Plan's files that are related to your claim. You and/or your representative can 

submit written comments and other material to support your request for appeal. 

You can also make a written request for a personal appearance at a hearing 

before the Board of Trustees or have your legal representative appear for you. If 

you or your legal representative makes a personal appearance, it must be done 

at your own expense. In the case of a Disability determination based in whole, or 

in part, on a medical judgment, a health care professional who has appropriate 

training and expertise in the field of medicine, and who was not consulted in 

connection with the initial application, will be consulted. Any medical or 

vocational expert(s) whose advice was obtained in connection with the adverse 

determination will be identified. 

The appeal will be considered by the Trustees at the regularly scheduled 

quarterly meeting. The Board will make benefit determinations upon appeal at 

the meeting that immediately follows the Plan's receipt of the request for review, 

unless the request is filed less than 30 days prior to the meeting. In such case, 

the Board may make the determination upon appeal at the second meeting. The 

Board will notify you of its decision in writing as soon as possible, but not later 

than 5 days after the benefit determination is made. 

Any denial will be accompanied by the following: (i) a statement that you are 

entitled to receive, upon request and free of charge, reasona.ble access to, and 

copies of, all documents, records, and other information relevant to the claimant's 

41 

LAB265_00272
claim for benefits; (ii) a statement apprising you that you or your plan may have 

other voluntary dispute resolution options, and contacting your local United 

States Department of Labor Office and your state insurance regulatory agency is 

one way to find out what options may be available; and (iii) a statement of your 

right to bring a civil action under Section 502(a) of ERISA. The Trustees shall 

have full authority to interpret the Plan's provisions and it is within their sole and 

absolute discretion to determine if you are entitled to receive a benefit and the 

amount of the benefit. The decision will be final and binding. 

5. Q. What rights do I have following my appeal? 

A. If you have exhausted your claim review and appeals rights under the 

procedures set forth above, you may pursue any other legal remedies available, 

which may include bringing a civil action under ERISA Section 502(a) for judicial 

review of the adverse determination regarding your claim in order to recover 

benefits due to you under the Plan's terms, to enforce your rights under the 

Plan's terms, or to clarify your rights to future benefits under the Plan. Under the 

terms of the Plan, you only have three (3) years from the date the Board 

provides written notice of an adverse determination to bring a civil action. If 

you delay action, you may lose your right to challenge the Board's decision. You 

may obtain additional information about your right to pursue other legal remedies 

from the local office of the United States Department of Labor. 

MISCELLANEOUS 

1. Q. Who administers the plan? 

A. The Plan is administered by a Board of Trustees consisting of six voting 

Trustees. Three of these Trustees are designated by the Employers and three 

are designated by the Union. 

2. Q. Who contributes to the Plan? 

A. Contributing Employers make contributions to the Plan based on the number of 

hours a Participant works and the hourly contribution rate established in the 

Collective Bargaining Agreement or Participation Agreement. Only Employers 

are permitted to contribute to the Plan. Employees are not required or permitted 

to make contributions to the Plan. 

3. Q. How do pension funds accumulate? 

A. All of the contributions made to the Plan are held, invested, and distributed by the 

Board of Trustees in accordance with the provisions of the Plan Document and 

42 

LAB265_00273
Trust Agreement. Plan assets are used for the exclusive benefit of participating 

employees and their beneficiaries, and to pay the expenses of administering the 

Plan. 

4. Q. Are there legal documents covering the Plan? 

A. Yes. This booklet is only a summary of the more important features of the Plan. 

The legal documents containing all the details are on file with the Board of 

Trustees and consist of the Plan Document and the Trust Agreement. The 

administration of the Plan and Trust are governed in all respects by these legal 

documents and not this Plan summary. 

5. Q. Can the Plan be amended? 

A. Yes. The Trustees reserve the right to amend the terms of the Plan at any time. 

6. Q. Can the Plan be terminated? 

A. Although it is not the intention of the Union or the participating Employers to 

terminate the Plan, the Board of Trustees and the sponsoring parties (the Union 

and Employers) have the right to terminate the Plan. This decision would be 

made through collective bargaining. Upon termination of the Plan, all 

contributions made to the Plan on your behalf would immediately cease. In 

addition, if the Plan were to terminate while you were actively employed, your 

accrued benefit as of the termination date would become fully vested to the 

extent funded. If the Plan were to terminate within 10 years after a benefit 

increase, the amount of your benefit could be restricted according to IRS 

regulations. 

The Trust Fund's assets would be used to provide accrued benefits to retirees, 

beneficiaries, and active Participants, up to the total amount of assets in the Trust 

Fund. All distributions would be made in accordance with ERISA. After all 

obligations of the Plan have been satisfied, any assets remaining in the Trust 

Fund would be distributed to all Participants, retirees and beneficiaries on a prorata basis. 

7. Q. Are my benefits under the Plan insured? 

A. Your pension benefits under the Plan are insured by a federal insurance agency, 

the Pension Benefit Guaranty Corporation (PBGC). It must be noted that your 

Plan is a multi-employer plan. This type of plan is a collectively bargained 

pension arrangement involving two or more unrelated employers, usually in a 

common industry. 

43 

LAB265_00274
Under the multi-employer plan program, the PBGC provides financial assistance 

through loans to plans that are insolvent. A multi-employer plan is considered 

insolvent if the plan is unable to pay benefits (at least equal to the PBGC's 

guaranteed benefit limit) when due. 

The maximum benefit guaranteed by PBGC is set by law. Currently, under the 

multi-employer program, PBGC guarantee equals a Participant's years of service 

multiplied by 100% of the first $11 of the monthly benefit accrual rate and 75% of 

the next $33. PBGC's maximum guarantee limit is $35.75 per month times a 

Participant's years of service. For example, the maximum guarantee for a retiree 

with 30 years of service would be $1,072.50 per month. 

The PBGC guarantee generally does cover: 

• Normal and Early Retirement benefits; 

• Disability Benefits if you become disabled before the plan becomes insolvent; 

and 

• Certain benefits for your survivors. 

The PBGC guarantee generally does not cover: 

• Benefits greater than the maximum guaranteed amount set by law; 

• Benefit increases and new benefits based on Plan provisions that have been 

in place for fewer than five years at the date the Plan terminates or the date 

the Plan becomes insolvent, whichever occurs first; 

• Benefits that are not vested because you have not worked long enough; 

• Benefits for which you have not met all of the requirements at the time the 

Plan becomes insolvent; or 

• Non-pension benefits, such as health insurance, life insurance, certain death 

benefits, vacation pay and severance pay. 

For more information about PBGC and the benefits it guarantees, contact PBGC 

at 1200 K Street, NW, Washington, DC 20005-4026, or call PBGC toll-free at 

(800) 400-7242 (TTY/TDD users may call the federal relay service toll free at 

(800) 877-8339 and ask to be connected to 1-800-400-7242), or visit PBGC's 

website at: http://www.pbgc.gov. 

END OF DOCUMENT 

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