CARPE TERS PENSION TRUST FUND, D ETROIT & VICINITY 

TS 

Pursuant to Section 6.07 of IRS Revenue Procedure 2017-43, the undersigned 

authorized Trustees, who has been designated by the Board of Trustees as its Authorized 

Representative Trustees for the purpose of executing all documents necessary for the Plan's 

application for approval of suspension of benefits, hereby certify that if upon final 

authorization to implement the proposed suspension as described in Internal Revenue Code 

Section 432(e)(9)(H)(vi) the Board of Trustees determines to implement the suspension, 

the following plan amendments will be timely adopted and not modified at any time 

thereafter before the suspension of benefits expires: 

(l) A plan amendment providing that in accordance with Internal Revenue 

Code Section 432(e)(9)(C)(ii) the benefit suspension will cease as of the first day of the 

first plan year following the plan year in which the plan sponsor fails to maintain a written 

record of its determination that both: 

a. All reasonable measures to avoid insolvency continue to be taken during 

the period of benefit suspension; and 

b. the plan is projected to become insolvent unless benefits continue to be 

suspended. 

(2) A plan amendment providing that any future benefit improvements must 

satisfy the re uirements of Internal Revenue Code Section 432(e)(9)(E). 

Signed: September 20 , 2019 

1400 
Carpenters Pension Trust Fund – Detroit and Vicinity

MPRA Narrative Statement

• BACKGROUND

The Carpenters Pension Trust Fund – Detroit and Vicinity was established on May 1, 1957, when 

the predecessor of the Michigan Regional Council of Carpenters negotiated a collective bargaining 

agreement with various employer associations representing the carpentry industry. As was typical 

of pension plans of that day, the contribution level was modest, as were the benefits offered by the 

Pension Plan. As the industry expanded, the Pension Plan covered other related industries, such 

as millwrighting, floorlaying, etc. New settlor associations joined the Plan, with the Union also 

undergoing various changes over the years – initially it was the Carpenters Detroit Council, which 

grew to a statewide council of all Michigan carpenter and millwright locals. The Pension Fund 

itself though, covered primarily the Southeast Michigan area – with the rest of the State of

Michigan covered by a separate pension fund (Michigan Carpenters Pension Fund) which is not 

involved in this MPRA submission. 

As late as the year 2001, the Pension Fund was considered 100% funded, with $1.1. Billion in 

assets and over 15 Million work hours. That was the highwater mark of the Fund’s position. The 

bursting of the “tech bubble” and the September 11, 2001, terrorist attack induced recession had a 

profound effect on the economy in Southeast Michigan and the Pension Fund itself. Michigan‘s 

economy is tied to the automobile industry, particularly that of the Detroit metropolitan area. In 

addition to that economic turmoil, the financial market meltdown in 2008 was devastating for this 

Pension Fund. Again, the downturn was especially difficult for the auto industry, which had to be 

bailed out by the Federal Government. While the Fund itself is not tied directly to the auto 

industry, much of the construction work that provides its contribution hours, are intertwined with 

that industry in Southeast Michigan. 

To deal with these negative economic forces, the Pension Fund’s Trustees took a number of 

remedial measures, well before the Pension Protection Act of 2006 (PPA) imposed them about ten 

years ago. They are spelled out in more detail in the timeline that follows.

The adoption of PPA, just prior to the 2008 financial market meltdown and the bankruptcy of the 

automobile industry, is the proverbial straw that broke the Pension Fund’s back. On the one hand, 

PPA required ever higher contribution levels, while the economy in Southeast Michigan went into 

a tailspin, dragging down not only the automobile industry, but the construction industry as well. 

Work hours went from as high as 15 Million in 2001 to the low of approximately 6 Million in 

2011. Even the adoption of WRERA and its ameliorative provisions, such as amortization of 

investment losses, did not help. Also, the ever increasing mandatory PPA contributions made it 

that much harder for the Pension Fund to recover. That is because the Pension Fund was essentially 

“taxing itself out of existence” – by increasing the hourly pension contribution level ever higher

to meet PPA requirements, it placed signatory employers at a bidding disadvantage in a very 

competitive industry, resulting in even lower work hours. Moreover, the growing employer 

withdrawal liability levels further discouraged new employers from signing on to union contracts 

that required pension contributions. The impact on the Pension Fund was catastrophic. 

CPTF-DV000238
• HISTORICAL PLAN INFORMATION

The following year-by-year summary of critical Plan information best illustrates the Pension 

Fund’s position from the point that it was fully funded (actually overfunded) to its current status. 

The graphs that follow, further highlight the work hours, investment returns and funded percentage 

information that are, perhaps the most important factors. Of course, more detailed information is 

contained in the Pension Fund’s actuarial and audit reports, as well as this application and its 

supporting documentation. 

Plan Year Commencing: May 1, 2000 

• Assets – Market Value: $1,149,353,254 

• Assets – Actuarial Value: $1,111,005,014 

• Net Investment Return on Market Value: 6.00% 

• Net Investment Return on Actuarial Value: 12.10% 

• Current Liabilities: $1,268,692,724 (calculated under the Reform Pension Act of 1994) 

• UVB: ($172,432,021) 

• Actives: 11,922 

• Retirees/Beneficiaries: 5,388 

• Work Hours: 14,185,615 

• Contribution Rate (Commercial Carpenters) $3.13 

• Funded Percentage: 117% 

Plan Year Commencing: May 1, 2001 

• Assets – Market Value: $1,087,385,292 

• Assets – Actuarial Value: $1,179,424,453 

• Net Investment Return on Market Value: -2.78% 

• Net Investment Return on Actuarial Value: 9.02% 

• Current Liabilities: $1,436,273,063 (calculated under the Reform Pension Act of 1994) 

• UVB: ($149,639,854) 

• Actives: 11,887 

• Retirees/Beneficiaries: 5,408 

• Work Hours: 15,155,386 

• Contribution Rate (Commercial Carpenters) $3.14 

• Funded Percentage: 100% 

Plan Year Commencing: May 1, 2002 

• Assets – Market Value: $1,043,761,840 

• Assets – Actuarial Value: $1,240,316,809 

• Net Investment Return on Market Value: -4.38% 

• Net Investment Return on Actuarial Value: 4.97% 

• Current Liabilities: $1,886,069,584 (calculated under the Reform Pension Act of 1994) 

• UVB: ($92,033,593) 

• Actives: 12,148 

• Retirees/Beneficiaries: 5,727 

• Work Hours: 14,278,260 

• Contribution Rate (Commercial Carpenters) $3.36 

• Funded Percentage: 83% 

CPTF-DV000239
Plan Year Commencing: May 1, 2003 

• Assets – Market Value: $913,457,567 

• Assets – Actuarial Value: $1,096,149,080 

• Net Investment Return on Market Value: -8.53% 

• Net Investment Return on Actuarial Value: -8.29% 

• Current Liabilities: $2,148,503,170 (calculated under the Reform Pension Act of 1994) 

• UVB: $212,835,632 

• Actives: 11,298 

• Retirees/Beneficiaries: 5,771 

• Work Hours: 13,303,956 

• Contribution Rate (Commercial Carpenters) $3.36 

• Funded Percentage: 66% 

Plan Year Commencing: May 1, 2004 

• Assets – Market Value: $989,267,988 

• Assets – Actuarial Value: $1,135,029,517 

• Net Investment Return on Market Value: 14.03% 

• Net Investment Return on Actuarial Value: 8.19% 

• Current Liabilities: $2,047,258,931 

• UVB: $276,061,203 

• Actives: 10,439 

• Retirees/Beneficiaries: 5,904 

• Work Hours: 12,301,023 

• Contribution Rate (Commercial Carpenters) $3.45 

• Funded Percentage: 67% 

Plan Year Commencing: May 1, 2005 

• Assets – Market Value: $991,130,778 

• Assets – Actuarial Value: $1,078,562,590 

• Net Investment Return on Market Value: 5.93% 

• Net Investment Return on Actuarial Value: -0.12% 

• Current Liabilities: $2,096,792,198 

• UVB: $284,426,228 

• Actives: 9,944 

• Retirees/Beneficiaries: 6,077 

• Work Hours: 11,988,262 

• Contribution Rate (Commercial Carpenters) $3.55 

• Funded Percentage: 63% 

Plan Year Commencing: May 1, 2006 

• Assets – Market Value: $1,059,917,320 

• Assets – Actuarial Value: $1,050,435,719 

• Net Investment Return on Market Value: 13.64% 

• Net Investment Return on Actuarial Value: 3.25% 

• Current Liabilities: $2,297,212,922 

• UVB: $393,523,664 

CPTF-DV000240
• Actives: 9,096 

• Retirees/Beneficiaries: 6,223 

• Work Hours: 11,270,968 

• Contribution Rate (Commercial Carpenters) $4.54 

• Funded Percentage: 63% 

Plan Year Commencing: May 1, 2007 

• Assets – Market Value: $1,084,686,212 

• Assets – Actuarial Value: $1,050,682,726 

• Net Investment Return on Market Value: 9.04% 

• Net Investment Return on Actuarial Value: 6.72% 

• Current Liabilities: $2,491,704,430 

• UVB: $561,058,731 

• Actives: 7,993 

• Retirees/Beneficiaries: 6,324 

• Work Hours: 10,020,514 

• Contribution Rate (Commercial Carpenters) $6.30 

• Funded Percentage: 57% 

Plan Year Commencing: May 1, 2008 

• Assets – Market Value: $1,035,625,905 

• Assets – Actuarial Value: $1,080,411,426 

• Net Investment Return on Market Value: 0.56% 

• Net Investment Return on Actuarial Value: 8.28% 

• Current Liabilities: $3,226,868,064 

• UVB: $614,556,401 

• Actives: 7,842 

• Retirees/Beneficiaries: 6,459 

• Work Hours: 10,664,533 

• Contribution Rate (Commercial Carpenters) $8.05 

• Funded Percentage: 58% 

Plan Year Commencing: May 1, 2009 

• Assets – Market Value: $771,040,307 

• Assets – Actuarial Value: $925,248,368 

• Net Investment Return on Market Value: -20.15% 

• Net Investment Return on Actuarial Value: -8.87% 

• Current Liabilities: $3,469,148,181 

• UVB: $852,245,165 

• Actives: 6,924 

• Retirees/Beneficiaries: 6,713 

• Work Hours: 8,454,305 

• Contribution Rate (Commercial Carpenters) $9.80 

• Funded Percentage: 46% 

Plan Year Commencing: May 1, 2010 

• Assets – Market Value: $791,895,029 

• Assets – Actuarial Value: $1,016,672,140 

• Net Investment Return on Market Value: 13.43% 

CPTF-DV000241
• Net Investment Return on Actuarial Value: 9.53% 

• Current Liabilities: $3,024,986,192 

• UVB: $767,331,195 

• Actives: 5,465 

• Retirees/Beneficiaries: 6,888 

• Work Hours: 5,796,364 

• Contribution Rate (Commercial Carpenters) $11.35 

• Funded Percentage: 47% 

Plan Year Commencing: May 1, 2011 

• Assets – Market Value: $806,189,577 

• Assets – Actuarial Value: $967,427,492 

• Net Investment Return on Market Value: 10.62% 

• Net Investment Return on Actuarial Value: 1.73% 

• Current Liabilities: $3,194,179,131 

• UVB: $900,911,120 

• Actives: 5,414 

• Retirees/Beneficiaries: 7,083 

• Work Hours: 6,267,773 

• Contribution Rate (Commercial Carpenters) $12.86 

• Funded Percentage: 48% 

Plan Year Commencing: May 1, 2012 

• Assets – Market Value: $724,987,065 

• Assets – Actuarial Value: $869,984,478 

• Net Investment Return on Market Value: -3.63% 

• Net Investment Return on Actuarial Value: -4.73% 

• Current Liabilities: $3,428,538,836 

• UVB: $1,062,971,006 

• Actives: 5,531 

• Retirees/Beneficiaries: 7,263 

• Work Hours: 6,882,663 

• Contribution Rate (Commercial Carpenters) $14.36 

• Funded Percentage: 44% 

Plan Year Commencing: May 1, 2013 

• Assets – Market Value: $718,005,867 

• Assets – Actuarial Value: $861,607,040 

• Net Investment Return on Market Value: 6.31% 

• Net Investment Return on Actuarial Value: 5.06% 

• Current Liabilities: $3,402,659,043 

• UVB: $1,220,310,639 

• Actives: 5,213 

• Retirees/Beneficiaries: 7,339 

• Work Hours: 6,452,511 

• Contribution Rate (Commercial Carpenters) $15.91 

• Funded Percentage: 42% 

CPTF-DV000242
Plan Year Commencing: May 1, 2014 

• Assets – Market Value: $747,281,896 

• Assets – Actuarial Value: $883,023,972 

• Net Investment Return on Market Value: 10.51% 

• Net Investment Return on Actuarial Value: 7.78% 

• Current Liabilities: $3,285,797,602 

• UVB: $1,000,058,333 

• Actives: 4,986 

• Retirees/Beneficiaries: 7,363 

• Work Hours: 6,201,665 

• Contribution Rate (Commercial Carpenters) $15.91 

• Funded Percentage: 43.9% 

Plan Year Commencing: May 1, 2015 

• Assets – Market Value: $746,438,678 

• Assets – Actuarial Value: $859,593,662 

• Net Investment Return on Market Value: 4.42% 

• Net Investment Return on Actuarial Value: 1.12% 

• Current Liabilities: $3,529,225,638 

• UVB: $1,127,246,183 

• Actives: 5,054 

• Retirees/Beneficiaries: 7,276 

• Work Hours: 6,771,552 

• Contribution Rate (Commercial Carpenters) $15.91 

• Funded Percentage: 42.5% 

Plan Year Commencing: May 1, 2016 

• Assets – Market Value: $712,660,227 

• Assets – Actuarial Value: $821,813,613 

• Net Investment Return on Market Value: -0.22% 

• Net Investment Return on Actuarial Value: -0.66% 

• Current Liabilities: $3,669,138,929 

• UVB: $1,267,451,875 

• Actives: 5,246 

• Retirees/Beneficiaries: 7,290 

• Work Hours: 7,306,229 

• Contribution Rate (Commercial Carpenters) $15.91 

• Funded Percentage: 38.9% 

Plan Year Commencing: May 1, 2017 

• Assets – Market Value: $734,239,795 

• Assets – Actuarial Value: $781,238,944 

• Net Investment Return on Market Value: 11.13% 

• Net Investment Return on Actuarial Value: 1.78% 

• Current Liabilities: $3,775,320,326 

• UVB: $1,404,147,804 

• Actives: 5,208 

CPTF-DV000243
• Retirees/Beneficiaries: 7,314 

• Work Hours: 7,266,322 

• Contribution Rate (Commercial Carpenters) $15.91 

• Funded Percentage: 36.4% 

Plan Year Commencing: May 1, 2018 

• Assets - Market Value: $761,729,009 

• Assets - Actuarial Value: $771,736,789 

• Net Investment Return on Market Value: 7.87% 

• Net Investment Return on Actuarial Value: 2.56% 

• Cunent Liabilities: $3,977,510,040 

• UVB: $1,433,305,500 

• Actives: 5,803 

• Retirees/Beneficiaries: 7,395 

• Work Hours: 8,184,596 

• Contribution Rate (Commercial Carpenters) $15.91 

• Funded Percentage: 34.5% 

The foregoing historical data can more readily be visualized in the following graphs, which track 

the Pension Fund's work hours, investment results and funding level: 

16 

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0 

15.1 Work Hours PY 2000-2018 

8.1 

6.2 

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 

...,._Work... Plan Year (Beginning May 1) 

CPTF-DV000244 
$18.00 

$16.00 

QI $14.00 .... 

ro 

c:: 

C: $12.00 

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20.00% 

15.00% 

10.00% C: 

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... 

C: 0.00% QI 

E 

... -5.00% "' QI 

> .E 

... -10.00% QI 

z 

-15.00% 

-20.00% 

-25.00% 

Hourly Pension Contribution Rate {Commercial Carpenters) 

$15.91 $15.91 $15.91 

$15.91 $15.91 

$3.13 $3.36 $3.45 

$3.14 $3.36 $3.55 

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 

Plan Year (Beginning May 1) 

...... Hourly Pension Contribution Rate (Commercial Carpenters) 

Net Investment Return PY 2000-2018 

Plan Year (Beginning May 1) 

...... On Market Value ...... On Actuarial Value 

CPTF-DV000245 
$1,600 

-;;;-

c: 

~ $1,400 

·e s1,200 

~ 

~ $1,000 

ii 

111 $800 ::; 

.t 

-

QI $600 C: 

QI 

cc $400 "Cl 

QI 

... 

"' $200 QI 

> 

"Cl 

QI $0 "Cl 

C: 

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C: 

($200) 

::::, 

($400) 

140% 

120% 

~ 100% 111 

... 

C: 

~ 80% 

~ -c 60% QI 

"Cl 

C: 

~ 40% 

20% 

0% 

Unfunded Vested Benefit Liability 

$1,433 

($149) 

Plan Year (Beginning May 1) 

.,._UVB Liability 

Funded Percentage PY 2000-2018 

117% 

57% 58% 

460/ 47% 48% 70 0 44% 42% 43.90~2.503⁄4 0 

~8-

90~6.40~4.50% 

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 

Plan Year (Beginning May 1) 

...,_Funded Percentage 

• REMEDIAL MEASURES 

To deal with these challenges, the T rnstees took aggressive action, even before PP A imposed such 

requirements. For example, in 2004, the monthly benefit multiplier was reduced by about 30% -

from 4.3% of contributions to 3.0% of contributions. As a result, each $100.00 in new pension 

contributions, generated $3 .00 in new monthly benefits for paii icipants, instead of $4.30 under the 

old accrnal rate. CPTF-DV000246 
The benefit multiplier was further reduced in 2007, when it was set at 1% of contributions, a 

reduction of about 75% from the benefit rate that was in effect prior to 2004. Again, these 

corrective measures were adopted before the PPA went into effect.

Moreover, starting in June 1, 2006, not all pension contributions were considered “credited”. In 

other words, the 1% benefit multiplier applied only to the “credited” portion of the pension 

contribution, while the “uncredited” portion was used to reduce the unfunded benefit liabilities. 

Initially, the “discount” used to determine the credited-uncredited portion of the pension 

contributions was set at 22% for most participant groups. For the most recent plan year, that 

“discount” rate is set at about 61% for most participant groups. As a result, those participants 

accrue a future benefit at 1% of only 39% of their total contribution rate. To illustrate using the 

same $100.00 in contributions, $39.00 of that contribution is considered “credited” and using a 

1% multiplier, it results in a $0.39 new monthly benefit accrual. Before 2007, that same 

contribution amount would have generated a $4.30 monthly benefit increase -- $3.00 increase prior 

to 2007. 

In an effort to meet PPA requirements, other benefit reductions were adopted in 2010, such as the 

imposition of new early retirement requirements, which eliminated so-called “index 80” 

retirements (combination of age and service), replacing it with new and more stringent 

requirements, such as minimum age of 55 and index 85 (instead of 80), for unreduced early 

retirement benefits. 

As part of the “PPA all reasonable measures plan” adopted in 2013, new benefit cuts were imposed, 

including minimum age of 62 for unreduced early retirement, higher early retirement reduction 

factors, disability benefit cuts and eligibility requirements, as well as reductions to pre-retirement 

death benefits. 

Meanwhile, the pension contribution rate was increased along the way – both pre-PPA and after 

PPA required those increases – to the current contribution rate for commercial carpenters of $15.91 

per hour -- from $3.13 per hour in 2000. In fact, one of the key factors considered by the Trustees 

in adopting the PPA all reasonable measures option was the fact that the combination of a high 

contribution rate and benefit cuts would make it impossible to recruit new participants or 

contributing employers. Essentially, the Pension Fund would price itself out of the market, if it 

continued on that path, as discussed later.

• FUTURE OUTLOOK

At the end of the 2017 Plan Year (April 30, 2018), the actuary determined that the Pension Fund 

was in a critical and declining status. The Trustees evaluated both the root causes of the Pension 

Fund’s condition, and all the key indicators that are critical to the Fund’s future, such as the nearand-long-term prospects for the construction industry, as well as the economy overall in Southeast 

Michigan, market performance, unionized workforce issues and other relevant factors, in making 

a decision to commence this MPRA filing. The Pension Fund even retained Dr. Malcom Cohen, 

PhD., a University of Michigan economist, to further analyze economic factors that will likely 

impact its future.

What the Trustees found is that while the construction industry in Michigan is experiencing what 

appears to be a short-term upward trend, that trend is very unlikely to continue. There are a number 

of factors that drive that reality. The construction industry, by its very nature, can best be described 

CPTF-DV000247
as “one-and-done” activity – there are only so many stadiums, hotels, hospitals, etc. that need to 

be built. Once they are built, the construction work is finished, other than any subsequent 

maintenance work. The Southeast Michigan area in general and the Detroit area in particular has 

experienced just such a mini-building boom, in the last couple of years, with a new arena recently 

built for the Detroit Red Wings, a number of large hospital projects, an office tower, etc. On the 

drawing board for the near term is an international bridge to be constructed to Canada, a downtown 

high rise, auto assembly plant and new county jail. Beyond that, there are no known large-scale 

projects that would extend the recent building boom past the short-term horizon. 

Moreover, recent changes in Michigan’s laws have added additional headwinds to unions and their 

signatory employers on whom the Pension Fund depends. Recently, Michigan adopted so-called 

“right-to-work” laws and eliminated prevailing wage laws on all State jobs. The impact of these 

and similar anti-union laws is to discourage both union membership by employees, and to put 

signatory contractors at a disadvantage in the marketplace. The right-to-work laws essentially 

encourage non-union bargaining units, which further depress the sponsoring union’s ability to 

organize new contractors that would otherwise pay into the Pension Fund. Likewise, the 

elimination of prevailing wage laws permits non-union contractors to gain market share

advantages over unionized contractors, when bidding for work in the State, further depressing the 

pension work hours’ outlook. So even though the work hours have increased in the last couple of 

years, that trend is unlikely to continue – and certainly is not expected to reach the levels once seen 

by this Pension Fund (as confirmed by the economist). Both Dr. Cohen and the Fund’s actuary 

project slightly less than 7.5 million average work hours for the 20-year MPRA period (7.3 million 

average for Dr. Cohen; 7.21 million by the actuary).

As a mature Pension Fund, the dwindling ratio between active participants and retirees is likely to 

continue increasing, without the accrued asset reserves on hand to fund them. On the contrary, 

with only a 34.5% current funding level, the Pension Fund is slated to become insolvent in 2035, 

unless the proposed MPRA permitted benefit adjustments are implemented. The elimination of 

adjustable benefits permitted under PPA did little to turn the Pension Fund’s fortunes around. 

While a few additional “adjustable benefits” could have been reduced or eliminated under the PPA, 

the Pension Fund was very concerned about the negative impact that would have on recruiting and, 

by extension, on the work hours – a concern made more acute by the ever-increasing contribution 

rate. Channeling contractually negotiated increases to the Pension Fund as uncredited 

contributions, while decreasing (or cutting) the benefit structure under the PPA has an insidious 

impact on recruiting new and younger participants to the Pension Fund. As a result, work hours 

suffer and the Pension Fund ends up hurting its future funding position, rather than helping it. Of 

course, work hours are a more important funding factor for this Pension Fund, than investment 

returns at this stage. That is because its funding percentage is so low that even stellar investment 

returns (well above the actuarial assumption) have an ever-diminishing impact on the overall 

funded percentage. Meanwhile, work hours do have a significant positive impact, because they 

not only bring in new revenue, but a substantial proportion of that revenue does not generate future 

benefit liabilities. Even the credited component of those contributions is based on a multiplier that 

is set relatively low (at 1%) which effectively subsidizes the underfunded legacy cost of the 

Pension Fund even further. 

• THE MPRA FILING

The suspension formula adopted by the Pension Fund, as part of this filing, is designed to achieve 

MPRA’s goals, while applying the necessary suspensions in an equitable manner across the entire 

participant population. That formula was developed after extensive study and consultation with 

CPTF-DV000248
the Pension Fund’s professional advisors, evaluation of the future of unionized carpentry 

construction work and other relevant factors required by the statute. The Trustees of the Pension 

Fund have determined that the proposed suspension formula does not materially affect those 

participants, while accomplishing the stated statutory goals. As with other similarly situated 

pension funds, the suspension formula is not uniform across the board, i.e. it has a somewhat 

different impact on different groups of participants, all based on well-reasoned and welldocumented basis – which are addressed in other parts of this application. For example, the 

suspension formula falls heavier on those participants and retirees who received the 4.3% benefit 

multiplier (the highest benefit rate offered by the Plan), while exempting individuals who accrued 

a benefit under the 1% benefit multiplier. That is because the participants receiving the 1% benefit 

multiplier for the past 12 years have contributed to the underfunded accrued legacy costs of this 

Pension Plan in two ways – first by sacrificing a substantial portion of their pension contribution 

(initially 22%) which became uncredited in 2006 and which now equals 61% of the $15.91 pension 

contribution rate; and secondly, by having their benefit multiplier set so low on the credited 

component of the contribution so that a substantial portion of that amount is also earmarked 

towards the underfunded legacy costs. In short, the “one percenters” have borne the brunt of the 

recent efforts to improve the Pension Fund’s position. 

For the same reason, the proposed suspension formula treats active participants differently than 

vested deferred participants. The active participants are the ones that have worked the hours which 

generated the uncredited contributions and accrued “discounted” benefit rate multipliers, while 

inactive participants, who have left the Pension Plan have not done so. Moreover, many of those 

vested deferred participants may actually use their skill and training acquired in the industry to 

work for contractors that do not pay into the Pension Plan, further exacerbating its funding base

depletion. 

Finally, the Pension Fund’s projections for future investment earnings rely on the MPRA 

sanctioned assumptions - the Horizon study for projected investment returns. Likewise, the future 

work hours assumption is based on industry-generated information. In fact, the work hour 

assumptions are further bolstered by expect opinion from Dr. Malcolm Cohen, which is included 

with this application. Together, these and other relevant actuarial assumptions used in this 

application meet the standards set by MPRA. 

• CONCLUSION

Based upon a thorough analysis of all current, historical and future factors affecting the Pension 

Fund, it is the prudent determination of the Trustees that unless benefits are suspended in 

accordance with IRS Code Section 432(e)(9)(C)(ii), as proposed in this application, the Pension 

Fund will otherwise become insolvent, even after all reasonable measures have been taken to avoid

such insolvency. 

CPTF-DV000249
CPTF-DV000250

December 11, 2018 

Board of Trustees 

Carpenters Pension Trust Fund - Detroit & Vicinity 

Joan Janks, Plan Manager 

BeneSys, Inc. 

P.O Box 4540 

Troy,MI 48099-4540 

Re: Carpenters Pension Trust Fund - Detroit & Vicinity 

Appointment of MPRA Retiree Representative 

Dear Trustees: 

As required by the Multiemployer Pension Reform Act (MPRA), I hereby appoint retiree 

David Morris as the retiree representative on the Carpenters Pension Trust Fund - Detroit & 

Vicinity, effective immediately. 

Should you have any questions regarding this appointment, please advise. 

Very truly yours, 

~=1;-L'L 

Chairman 

MJJ/ldm 

Cc: David Morris 

Andrew Smith, United Actuarial Services 

Christopher Scott, Bulytnck & Company 

John I. Tesija, Novara, Tesija & Catenacci, PLLC 

400 Renaissance Center, Ste. 1010 

Detroit, Ml 48243 

Phone: (313) 285-5000 

Fax: (313) 832-1578 

23401 Mound Road, Ste. 101 

Warren, Ml 48091 

Phone: (313) 832-3887 

Fax: (586) 759-5982 

888-HAMMER-9 

www.hammer9.com •~6S 
Applicant Information: Board of Trustees, Carpenters Pension Trust Fund 

Detroit & Vicinity 

700 Tower Drive, Ste. 300 

Troy, MI 48098 

EfN: 38-6242188 

Plan Number: 001 

Tom Lutz, Chairman 

Robert Halik, Secretary 

Phone: (248) 813-9800 Fax: (248) 813-9898 

The Board of Trustees of the Carpenters Pension Trust Fund - Detroit & Vicinity 

hereby appoints the following representatives as attorney-in-fact to represent the taxpayer 

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

dated September 30, 2019 for suspension of benefits under Internal Revenue Code Section 

432(e)(9). 

Representative Information: John I. Tesija jit@ntclaw.com 

Paul M. Newcomer pmn@ntclaw.com 

Novara Tesija & Catenacci PLLC 

888 Big Beaver Road, Suite 600 

Troy, MI 48084 

EfN: 38-3763096 

Phone: (248) 354-0380 

Fax: (248)354-0393 

Send copies of notices and communications to representative: Yes 

With the exception of the facts described below, I authorize my representative to 

receive and inspect information, including confidential tax information, and to perfonn acts 

that I can perform with respect to the application dated September 30, 2019 for suspension 

of benefits under Section 432(e)(9) of the Internal Revenue Code. For example, my 

representative shall have the authority to sign any agreements, consents, or similar 

•• 11·1 •. • •• • •• I 

Signed: March_, 2019 

September 20, 2019 

None . 

1400 
( 

\_. 

CARPENTERS PENSION TRUST FUND -

DETROIT AND VICINITY 

PENSION PLAN 

As Amended and Restated on October 7, 2014 

(Including the PP A All Reasonable Measures Plan) 

Prepared by: 

NOVARA, TESIJA, P.L.L.C. 

2000 Town Center, Suite 2370 

Southfield, Michigan 48075-1314 

Tel. (248) 354-0380 

Fax (248) 354-0393 

EMAIL: nt@novaratesija.com 

CPTF-DV000252 
CPTF-DV000253

PENSION PLAN OF THE 

CARPENTERS PENSION TRUST FUND - DETROIT AND VICINITY 

As AMENDED AND RESTATED ON OCTOBER 7, 2014 

(INCLUDING THE PPA ALL REASONABLE MEASURES PLAN) 

Table of Contents 

ARTICLE I - DEFINITIONS 

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

1.2 Active Participant ............................................................................................................ 1 

1.3 Actuarial Equivalent. ........................................................................................................ 1 

1.4 Actuarial Valuation ......................................................................................................... 2 

1.5 Association ...................................................................................................................... 2 

1.6 Beneficiary ................................. , .................................................................................... 2 

1. 7 Break in Service .............................................................................................................. 2 

1.8 Collective Bargaining Agreement .................................................................................... 3 

1.9 Covered Employment. ..................................................................................................... 3 

1.10 Early Retirement Date ..................................................................................................... 3 

1. 11 Effective Date ................................................................................................................. 3 

1.12 Employee ........................................................................................................................ 3 

1.13 Employer ......................................................................................................................... 4 

1.14 Hour of Service ............................................................................................................... 4 

1.15 Normal Retirement Date .................................................................................................. 5 

1.16 Participant ............................. , ......................................................................................... 5 

1.17 Pension Plan ................................................................................................................... 5 

1.18 Pension Trust, Pension Fund or Pension Trust Fund ...................................................... 5 

1 .19 Plan Year ........................................................................................................................ 5 

1.20 Retiree ............................................................................................................................ 5 

1.21 Spouse ............................................................................................................................ 6 

1.22 Trustees .......................................................................................................................... 6 

1.23 Union .............................................................................................................................. 6 

1.24 Year of Credited Service ................................................................................................. 6 

1.25 Year of Vesting Service ................................................................................................... 6 

ARTICLE II -PARTICIPATION AND BENEFIT ACCRUAL 

2.1 Eligibility for Participation ................................................................................................ 6 

2.2 Accrual of Years of Credited Service ............................................................................... 6 

2.3 Years of Vesting Service ................................................................................................. 7 

2.4 Loss of Active Participant Status ..................................................................................... 8 

2.5 Authorized Leaves of Absence ........................................................................................ 8 

2.6 Reemployment .............................................................................................................. 10 

ARTICLE Ill - NORMAL RETIREMENT BENEFITS 

3.1 Eligibility for Normal Retirement Benefits ....................................................................... 11 

3.2 Amount of Normal Retirement Benefits ......................................................................... 12 

3.3 Start of Normal Retirement Benefits .............................................................................. 14 

3.4 Forms of Payment ......................................................................................................... 14 

1 
CPTF-DV000254

3.5 Married Participants ...................................................................................................... 15 

3.6 Continued Employment ................................................................................................. 16 

3. 7 Suspension of Benefits .................................................................................................. 17 

3.8 Maximum Benefit Limitations ......................................................................................... 21 

3.9 Multiple Plan and Combination Plans ............................................................................ 22 

3.10 Minimum Amounts to be Distributed .............................................................................. 22 

3.11 Post-Retirement Benefit Adjustments ............................................................................ 27 

3.12 Compensation ............................................................................................................... 28 

ARTICLE IV - EARLY RETIREMENT BENEFITS 

4.1 Eligibility for Early Retirement.. ...................................................................................... 28 

4.2 Amount of Early Retirement Benefits ............................................................................. 30 

4.3 Commencement of Early Retirement Benefits ............................................................... 31 

4.4 Form ............................................................................................................................. 31 

4.5 Suspension of Benefits .................................................................................................. 31 

4.6 Reemployment .............................................................................................................. 31 

ARTICLE V - DISABILITY BENEFITS 

5.1 Eligibility ........................................................................................................................ 31 

5.2 Amount of Disability Benefits ......................................................................................... 32 

5.3 Evidence ....................................................................................................................... 34 

5.4 Termination ................................................................................................................... 34 

5.5 Duration of Disability Benefits ........................................................................................ 35 

5.6 Coordination with Workers' Compensation Benefits ...................................................... 35 

ARTICLE VI - DEATH BENEFITS 

6.1 Surviving Spouse and Death Benefits ........................................................................... 35 

6.2 Amount of Active Participant's Death Benefit ................................................................ 35 

6.3 Amount of Inactive Participant's Death Benefit .............................................................. 37 

6.4 Amount of Vested Deferred Participant's Death Benefit ................................................ 37 

6.5 Amount of Retiree's Death Benefit ................................................................................ 37 

6.6 Pre-retirement Survivor Annuity Notice .......................................................................... 38 

6.7 Internment Benefit ........................................................................................................ 38 

6.8 Absence of Beneficiary .................................................................................................. 39 

6.9 Payment ........................................................................................................................ 39 

ARTICLE VII - VESTED BENEFITS 

7.1 Vesting .......................................................................................................................... 39 

7 .2 Amount of Vested Deferred Benefit ............................................................................... 39 

7.3 Benefit Rates ................................................................................................................. 41 

7 .4 Form of Payment. .......................................................................................................... 41 

7 .5 Suspension of Vested Deferred Retirement Benefits .................................................... .41 

ARTICLE VIII - ADMINISTRATION 

8.1 Trustees ........................................................................................................................ 41 

8.2 Limitation of Rights ........................................................................................................ 41 

11 
CPTF-DV000255

8.3 Records ......................................................................................................................... 41 

8.4 Right to Rely ................................................................................................................. 42 

8.5 Competence .................................................................................................................. 42 

8.6 Small Benefit Payments ................................................................................................ 42 

8. 7 Employer Contributions ................................................................................................. 42 

8.8 Employee Contributions ................................................................................................ 42 

8.9 Reciprocity .................................................................................................................... 42 

8.10 Source of Payments ...................................................................................................... 42 

8.11 Anti-alienation ............................................................................................................... 43 

8.12 Rollovers ....................................................................................................................... 43 

8.13 Discretionary Authority .................................................................................................. 44 

8.14 Participant Benefit Statements ...................................................................................... 45 

8.15 Employer Securities ...................................................................................................... 45 

ARTICLE IX - APPEAL 

9.1 Claim of Review ............................................................................................................ 45 

9.2 Appeal Review Procedure ............................................................................................. 46 

9.3 Decision on Review ....................................................................................................... 46 

9.4 Final Decision ................................................................................................................ 48 

9.5 Records and Reports .................................................................................................... 48 

ARTICLE X - MISCELLANEOUS 

10.1 Pronouns ....................................................................................................................... 48 

10.2 Withdrawal Liability ....................................................................................................... 48 

10. 3 Contribution ................................................................................................................... 48 

10.4 Amendment Procedure ................................................................................................. 48 

10.5 Prohibited Reduction ..................................................................................................... 49 

10.6 Authorized Reduction .................................................................................................... 49 

10. 7 Amendment of Vesting Requirements ........................................................................... 50 

10.8 Merger or Consolidation ................................................................................................ 50 

10.9 Termination of Plan ....................................................................................................... 50 

10.10 Prior Plans .................................................................................................................... 51 

10.11 Effect of Invalidity of Provision ....................................................................................... 51 

10.12 Approval of Internal Revenue Service ........................................................................... 51 

10.13 Pension Protection Act Funding Requirements ............................................................. 51 

10.14 Choice of Law ............................................................................................................... 51 

111 
CPTF-DV000256

CARPENTERS PENSION TRUST FUND - DETROIT AND VICINITY 

PENSION PLAN 

OCTOBER 7, 2014 RESTATEMENT 

The Trustees of the Carpenters Pension Trust Fund - Detroit and Vicinity, pursuant to 

the powers and duties vested in them by the Agreement and Declaration of Trust, as well as all 

applicable governing documents, as amended from time to time, published this restated 

Pension Plan, originally effective on May 1, 1957. Since the original effective date, the Trustees 

have adopted, at different times, restated versions of this Plan, together with amendments they 

deemed appropriate or required, which are hereby incorporated in this Restated Pension Plan, 

and made effective as of October 7, 2014, unless otherwise indicated herein. This restated 

Plan applies to all service and benefits accrued or paid, pursuant to this or any prior Plan 

documents, except as indicated herein. Any individual who participated in another plan that was 

merged herein, shall have his rights and obligations determined in accordance with the terms of 

such other plan(s), as they existed on the merger date, with respect to all pre-merger accrued 

service and benefits, unless expressly modified herein. Post-merger service and benefits will be 

determined under this Plan. By adopting this restated Pension Plan, the Trustees desire to 

provide for an orderly administration of the Pension Fund, as they, in their sole and exclusive 

discretion, deem appropriate. 

ARTICLE I 

DEFINITIONS 

Section 1.1 Accrued Benefit "Accrued Benefit" means the monthly amount of the normal 

retirement benefit payable in a single life annuity form, as of a Participant's Normal Retirement 

Age, based on the amount of benefit accrued by such Participant at the applicable benefit rate 

or rates in effect as of the date such determination is made. Ancillary benefits such as the 

disability benefits paid from this Plan, shall not be deemed Accrued Benefits hereunder. 

Section 1.2 Active Participant. "Active Participant" means an Employee who is in the 

process of acquiring eligibility to receive benefits, and who has not become an Inactive 

Participant, Former Participant, Vested Deferred Participant, or Retiree. 

Section 1.3 Actuarial Equivalent. "Actuarial Equivalent" shall mean a benefit having the 

same value as the benefit for which it is substituted. In converting one form of monthly benefit 

to another form of monthly benefit, the Actuarial Equivalent shall be determined by using a 61⁄2% 

annual compound rate of interest assumption and the mortality table described in Rev. Rul. 95-

6. In calculating the current single sum value of a deferred monthly benefit, the Actuarial 

Equivalent shall be determined using the rates of mortality specified in Internal Revenue Code 

Section 417 ( e )(3)(A) and the annual rate of interest on 30-year Treasury securities in effect for 

the month of April preceding the Plan Year in which payment of benefits will commence. 

Notwithstanding the foregoing, effective for single sum payments made on or after May 1, 2002, 

the mortality table used shall be the GAR-94 mortality table projected to 2002 and blended fifty 

percent (50%) male rates and fifty percent (50%) female rates as contained in Rev. Rul. 2001-

62. The mortality table used for adjusting benefits or limitations under Section 415(b)(2) of the 

Code for benefits commencing on or after May 1, 2002, shall be the GAR-94 mortality table 

projected to 2002 and blended fifty percent (50%) male rates and fifty percent (50%) female 

rates as contained in Rev. Rul. 2001-62. The requirements regarding the assumptions used in 

the actuarial adjustments of IRC Section 415(b)(2)(B), (C), (D) are effective for limitation years 

beginning after December 31, 1994. 

This provision is not intended to modify actuarial assumptions mandated by the IRS for 

purposes of valuing the Plan's current liabilities, for use in valuing benefits for purposes of § 

415(b) limitations, or for determining the present value of benefits under§ 417(e). 
CPTF-DV000257

Section 1.4 Actuarial Valuation For purposes of calculating the Plan's current liabilities, the 

Plan will use the mortality table prescribed by the Secretary for such purpose, currently the RP2000 Table. 

Section 1.5 Association. "Association" means those Employer Associations that have 

become sponsors of this Pension Fund by virtue of their execution of the Trust Agreement at its 

inception, or subsequently becoming a party thereto by executing the appropriate adoption 

agreement. Once an Association ceases to be a party to the Trust Agreement, it will no longer 

be deemed an Association hereunder. 

Section 1.6 Beneficiary. The term "Beneficiary" shall mean any person who, because of 

relationship to or designation by an Active or an Inactive Participant or Retiree, may be entitled 

to benefits from the Fund. For married individuals, the Spouse shall automatically be deemed to 

be the Beneficiary hereunder, unless waived with such Spouse's consent. For single 

individuals, or in case of such waiver, the first of the following classes of successive 

Beneficiaries then surviving shall be deemed the Beneficiary: 

(a) any person (including any organization) who has paid or incurred the expense of 

burial of the deceased Active Participant, provided that claim therefore is made 

within 45 days of death or before any other death benefit payable hereunder has 

been paid, up to the least of 

(i) the death benefit payable under the Plan, or 

(ii) the actual expenses of burial, or 

(iii) $1,000.00, and then 

(b) the following classes of Beneficiaries as survive the Participant: 

(i) any person designated by the deceased Participant as Beneficiary with 

this Fund, subject to the Plan's Spousal consent requirements, or 

(ii) if no designation has been made, then any person designated by the 

deceased Participant as Beneficiary on forms supplied by the Union 

sponsored Health and Welfare Fund, which covered the Participant, or 

(iii) if none of the above survives, then children of the deceased Participant in 

equal shares, or 

(iv) if none of the above survives, the estate of the deceased Participant, but 

only if claim therefore is made within one year of death. 

In the event of a divorce, it is presumed that the Participant intended to revoke any designation 

of his divorced spouse as the Participant's designated Beneficiary, unless: 

(a) the Judgment of Divorce affirmatively states that the divorced spouse will 

remain the designated Beneficiary, or 

(b) a Qualified Domestic Relations Order affirmatively states that the 

divorced spouse remains the designated Beneficiary, or 

(c) the Participant completes a new designation of Beneficiary form after entry of the 

Judgment of Divorce, which named the divorced spouse as the Participant's 

designated Beneficiary. 

Section 1. 7 Break in Service. A one year "Break in Service" shall occur if a Participant 

accrues less than 435 Hours of Service in a single Plan Year. No Break in Service shall be 

2 
CPTF-DV000258

deemed to occur in the first Plan Year of participation, if the Participant fails to accrue the 

necessary Hours of Service. A permanent Break in Service shall be deemed to have occurred 

when a non-vested Active Participant or Inactive Participant, incurs five consecutive one year 

Breaks in Service. 

Section 1.8 Collective Bargaining Agreement. "Collective Bargaining Agreement" shall 

mean any collective bargaining agreement or other written agreement that provides for 

Employer contributions to the Trust Fund, or which adopts, expressly or implicitly, a written 

agreement that so provides, and details the basis upon which such contributions are to be made 

and, with respect to Employees working outside the trade jurisdiction of the Union, the terms 

and conditions prescribed by the Trustees for acceptance of such contributions. 

Section 1.9 Covered Employment. "Covered Employment" means Employment with an 

Employer, for which the Employer has agreed, through a written Collective Bargaining 

Agreement with the Union, or other written agreement, to contribute to the Pension Fund on the 

Employee's behalf. 

Section 1.10 Early Retirement Date. "Early Retirement Date" means the first day of the 

month following or coincident with the date on which an Employee satisfies the requirements for 

an early retirement benefit, pursuant to Section 4.1. 

Section 1.11 Effective Date. "Effective Date" of this Restated Plan shall be October 7, 2014. 

The initial effective date of the Plan is May 1, 1957. Prior Plan provisions shall be applied as of 

their respective effective date(s), except as herein provided. Sections 8.1, 8.13, 10.4, 10.5 and 

10.6 of this Plan shall be effective upon the earlier of: a) January 1, 2008, unless the 

application of such effective date is prohibited by law, a court or governmental agency with 

competent jurisdiction; orb) on October 7, 2014. To the extent an effective date of any current 

or prior Plan provision cannot be implemented as intended by the Trustees, then same shall 

automatically be given its effect at the earliest possible effective date, without further Trustee 

action. 

Section 1.12 Employee. "Employee" means any of the following: 

(a) Any person who is or has been employed in Covered Employment by an 

Employer to perform tasks coming within the trade jurisdiction of the Union; 

(b) Any person who, after accruing at least one Year of Service based on 

employment in the trade, is or has been employed by an Employer to perform 

tasks outside the trade jurisdiction of the Union and whose Employer elects to 

contribute to this Pension Fund under such terms and conditions as the Trustees 

may prescribe; 

(c) Any person employed by, or working on behalf of the Union, one of its constituent 

Locals, or the UBC International on whose behalf same agree to participate 

herein; 

(d) Any person employed by any Employer such as a board of trustees, committee 

or other agency established to administer or be responsible for fringe benefit 

funds, educational or other programs established through collective bargaining 

by the Union or one of its constituent locals and one or more Employer 

Associations, the members of which maintain a collective bargaining relationship 

with the Union. 

3 
CPTF-DV000259

Section 1.13 Employer. "Employer'' means any of the following: 

(a) Any member of an Employer Association and any other individual, partnership, 

corporation or business entity which is engaged in work using or employing the 

services of individuals performing work tasks coming within the trade jurisdiction 

of the Union and which has a Collective Bargaining Agreement, or any other 

written agreement in effect, requiring contributions to this Pension Fund; 

(b) Any other Employer engaged in work coming within the trade, craft and 

geographical jurisdiction of the Union who is obligated by a Collective Bargaining 

Agreement, or such other written agreement, to make contributions to the 

Pension Fund on behalf of its Employees who are covered by the Collective 

Bargaining Agreement; 

(c) The Union, solely to the extent that it acts in the capacity of an Employer of its 

agents, business representative or its Employees, providing it agrees to make 

contributions to the Fund on behalf of such individuals; 

(d) Any training or other fringe benefit program operated in whole or in part by the 

Union, or with its sponsorship or approval, or one of its constituent Locals and/or 

one or more of the Associations signatory hereto; 

(e) Any board of trustees, committee or other agency established to administer or be 

responsible for fringe benefit funds, educational or other programs established 

through collective bargaining by the Union or one or more of its constituent locals 

and one or more Employer Associations, the members of which maintain a 

collective bargaining relationship with the Union or one of its constituent Locals; 

(f) Any council, committee, or other body composed of representatives of one or 

more labor organizations of which the Union or one of its constituent Locals is a 

member; or 

(g) Any sponsoring Employer Association, solely in its capacity as an Employer of 

Employees, on whose behalf it has agreed in writing to make contributions to this 

Pension Fund. 

In the case of an Employer electing to contribute pursuant to the provisions of subsection (d), 

(e), (f) or (g), contributions must be uniformly made with respect to all Employees of that 

Employer. 

Section 1.14 Hour of Service. "Hour of Service," as defined in the following subparagraphs, 

shall be credited to the Employee in the Plan Year in which the Hour of Service is worked or 

credited to that Employee, and means: 

(a) Each hour for which an Employee is directly or indirectly paid or entitled to 

payment by an Employer for the performance of duties and for which an 

Employer is required to make contributions on behalf of the Employee to the 

Fund, pursuant to the Collective Bargaining Agreement during each Plan Year. 

Each such hour shall be credited to the Employee for the period in which he 

performed the duty, regardless of when payment is made or due. 

4 
CPTF-DV000260

(b) Each hour for which an Employee is directly or indirectly paid or entitled to 

payment by an Employer for reasons other than the performance of duties (such 

as vacation, sickness or temporary disability). Hours credited for reasons other 

than the performance of duties will be credited in accordance with the 

Department of Labor Regulations 2530.200(b)-2(b) and (c). 

(c) Each hour for which back pay, irrespective of mitigation of damage, has been 

either awarded or agreed to by an Employer. Such hours shall be credited to the 

Employee for the period(s) to which the award or agreement pertains rather than 

the period(s) in which the award or agreement has been made. 

Notwithstanding the provisions of subsection (b) of this Section, hours for which an Employee is 

directly or indirectly paid or entitled to payment for a period which no duties were performed 

shall not be credited to the Employee if such payment is made or due under a plan maintained 

solely for the purpose of complying with applicable workers' compensation, unemployment 

compensation or disability insurance laws. 

Section 1.15 Normal Retirement Date. "Normal Retirement Date" means the later of: (a) The 

date upon which the Active Participant has attained the Normal Retirement Age of 65; or (b) the 

fifth anniversary of the date the Active Participant commenced participation in the Plan if such 

participation was commenced after age 60 (except that, in the case of an Active Participant who 

previously suffered a Permanent Break in Service, the date upon which he resumed 

participation following the most recent Permanent Break in Service shall be the commencement 

date used) and (c) the Active Participant has completely withdrawn from Covered Employment 

and (d) the Active Participant completes all necessary forms and provides all requested 

information in connection with the retirement application. Unless the Participant otherwise 

elects, benefits will commence within the time specified by IRC Section 401 (a)(14) and Treas. 

Regs. Section 1.401 (a)-14. 

Section 1.16 Participant. "Participant" means an Employee who has met the eligibility 

requirements for participation as set forth herein. Once an Employee becomes an Active 

Participant, he shall remain an Active Participant until retirement, death, or other event that 

terminates his participation or renders him inactive. Once an individual ceases being an Active 

Participant, he shall be deemed an Inactive Participant, Former Participant, Vested Deferred 

Participant, Deceased Participant or Retiree, whichever is applicable. 

Section 1.17 Pension Plan. "Pension Plan" means this Plan, containing the programs, 

methods and procedures for the making of regular contributions by Employers and the payment 

by the Trustees of benefits from the Pension Fund, in accordance with such rules and 

regulations relating to eligibility requirements, retirement age, amount and computation of 

benefits, and the general administrat.ion and operation of the Pension Fund as herein adopted 

or as the Trustees may from time to time adopt and promulgate, which are incorporated herein 

by reference. Prior Plan documents and their amendments shall also be deemed a part of this 

Plan, to the extent applicable. 

Section 1.18 Pension Trust, Pension Fund or Pension Trust Fund. "Pension Trust," 

"Pension Fund" or "Pension Trust Fund" shall be synonymous with and mean this Carpenters' 

Pension Trust Fund - Detroit and Vicinity, as amended from time to time. 

Section 1.19 Plan Year. "Plan Year" means a year commencing on May 1 and ending on the 

following April 30 of each year. 

5 
CPTF-DV000261

Section 1.20 Retiree. "Retiree" shall mean a person who was an Active, Inactive or Vested 

Deferred Participant and who has applied for and is entitled to receive, or is receiving, monthly 

early or normal retirement benefits from the Fund, including any such person whose entitlement 

to benefits has been suspended pursuant to this Plan. 

Section 1.21 Spouse. "Spouse" means the individual to whom a Participant is married on the 

earlier of his joint and survivor annuity starting date or the date of death. A former Spouse shall 

be treated as a Spouse to the extent provided by IRC Section 414(p). The term "Spouse" shall 

include any individuals who are lawfully married under any state, or other domestic or foreign 

law, including individuals married to a person of the same sex who were legally married in a 

jurisdiction that recognizes such marriages, but who are domiciled in a state that does not 

recognize such marriages. 

Section 1.22 Trustees. "Trustees" means the persons designated by the Union, Association 

or Employers to administer the Pension Trust and this Plan and who have consented in writing 

to act in that fiduciary capacity, pursuant to the terms of the Trust. 

Section 1.23 Union. "Union" means the Michigan Regional Council of Carpenters, United 

Brotherhood of Carpenters and Joiners of America, or any successor thereto. 

Section 1.24 Year of Credited Service. "Year of Credited Service" will be accrued by a 

Participant in accordance with Section 2.2. Year of Credited Service shall be used to determine 

eligibility for various benefits from the Pension Fund. 

Section 1.25 Year of Vesting Service. "Year of Vesting Service" will be accrued by a 

Participant in accordance with Section 2.3 hereof. Years of Vesting Service will be used to 

determine the vested percentage of the benefit to which a Participant is otherwise eligible for. 

ARTICLE II 

PARTICIPATION AND BENEFIT ACCRUAL 

Section 2.1 Eligibility for Participation. An Employee shall become an Active Participant 

under this Plan upon his accrual of at least 870 Hours of Service in Covered Employment in any 

two consecutive Plan Years. An Employee shall be deemed to have become a Participant on 

the first day of the first Plan Year, of said two Plan Year period in which he meets the 870 Hours 

of Service in Covered Employment requirement. Hours of Service accrued prior to becoming a 

Participant hereunder, shall not be taken into account for any purposes hereunder. All Hours of 

Service in Covered Employment accrued by the Active Participant in the Detroit Laborers 

Pension Fund by virtue of an inter-fund agreement, shall be taken into account for participation 

purposes. Any individual participating herein pursuant to an alumni participation agreement 

must have been a Participant in the Plan and accrued at least one Year of Credited Service, 

prior to commencing such participation as an alumni Participant. The Trustees may develop 

additional rules and regulations regarding such alumni Participants. 

Section 2.2 Accrual of Years of Credited Service. A Year of Credited Service shall be the 

unit by which each Active Participant's eligibility for certain benefits hereunder shall be 

determined. A Year of Credited Service shall consist of 435 or more Hours of Service accrued in 

a Plan Year, in Covered Employment described herein. Hours of Service not accrued in 

Covered Employment, or employment for which contributions hereto are otherwise not required, 

shall not be considered for purposes of calculating Years of Credited Service. 

(a) Covered Employment. All Hours of Service accrued by the Active Participant in 

Covered Employment for which contributions are, or should have been made to 

this Fund, shall be taken into account for purposes of establishing Years of 

6 
CPTF-DV000262

Credited Service. Hours of Service for which contributions are required hereto, 

even though not performed in Covered Employment (such as alumni employees) 

and certain Canadian service, as described in Section 2.3 (b)(iv), shall 

nevertheless be treated as having been performed in Covered Employment for 

purposes of this Section. 

(b) Non-Covered Employment. Hours of Service not accrued in Covered 

Employment, as more particularly described in Section 2.3 (b), shall not be 

considered for purposes of Years of Credited Service. Likewise, Hours of 

Service for which no contributions are required to be paid, as described in 

Section 1.14(b), shall not be considered for purposes of Years of Credited 

Service. The foregoing notwithstanding, all Hours of Service accrued in Canada, 

as more particularly described in Section 2.3 (b)(iv) shall be considered for years 

of Credited Service purposes. 

Section 2.3. Years of Vesting Service. Years of Vesting Service shall be the unit by which 

the Fund will determine the vested percentage of a Participant's, Inactive Participant's of Vested 

Deferred Participant's benefits. Years of Vesting Service shall not be used to determine 

eligibility for benefits hereunder, unless specifically so designated. A Year of Vesting Service 

shall consist of each Plan Year in which the Employee accrues at least 435 Hours of Service in 

Covered or Non-Covered Employment, as herein defined. 

(a) Covered Employment. All Hours of Service accrued in Covered Employment 

for purposes of Years of Credited Service, pursuant to Section 2.2(a) shall also 

be taken into account for Years of Vesting Service purposes. 

(b) Non-Covered Employment. For Years of Vesting Service purposes only, Hours 

of Service in Non-Covered Employment shall also be taken into account in 

conjunction with any Hours of Service accrued in Covered Employment, including 

the following: 

(i) Contiguous Service. All Hours of Service worked in Contiguous 

Service, on or after the effective date of the Plan, which includes service 

performed for an Employer in work which is not within the jurisdiction of 

the Union and which was continuously performed immediately prior to or 

immediately after employment with such Employer, or a controlled group 

of Employers, which was both within the craft jurisdiction of the Union and 

occurred during a period of time in which such Employer had an 

obligation to contribute to the Fund. Contiguous Service shall also 

include any employment in a salaried position with the Union or any other 

Local, International Union, Zone, State Conference, Labor Board or 

Building Trades or subdivision thereof, if such employment is performed 

immediately prior to or after employment with an Employer or the Union. 

(ii) Other Non-Covered Service. Hours of Service accrued, on or after the 

effective date of this Plan, in a bargaining unit represented by the Union 

but which is covered by a collective bargaining agreement that does not 

require that contributions be paid to the Fund, shall also be used in 

determining a Year of Vesting Service. All time during which any Active 

or Inactive Participant has been employed by the Detroit Board of 

Education, in a bargaining unit that would otherwise be represented by 

the Union, but for the fact that it is represented by the Greater Detroit 

Building and Construction Trades Council, shall be counted in 

7 
CPTF-DV000263

determining Years of Vesting Service. 

(iii) Inter-Fund Contiguous Service. All Hours of Service accrued by an 

Active or Inactive Participant under the Detroit Laborers Pension Fund, 

that are covered by an Inter-Fund Contiguous Service Agreement, shall 

be taken into account. 

(iv) Canadian Service. All Hours of Service accrued in Canada, during the 

period of January 1, 197 4 through December 31, 1976, shall also be 

taken into account for both Years of Vesting and Credited Service 

purposes. 

(v) Pro-Rata Service. Hours of Service accrued in other Pension Plans 

which are covered by a pro-rata reciprocity agreement with this Fund. 

Section 2.4 Loss of Active Participant Status. When an Active Participant accrues 

insufficient Hours of Service, he shall lose his status as an Active Participant and be deemed 

one of the following classes of Participants: 

(a) 

(b) 

(c) 

(d) 

Inactive Participant. If an Active Participant accrues no Hours of Service in 

Covered Employment, as described in Sections 2.2 and 2.3, for two consecutive 

Plan Years, he shall be considered an Inactive Participant. As an Inactive 

Participant, such individual shall be deemed to have separated from Covered 

Employment, but not to have terminated participation in the Plan, unless he 

suffers a Permanent Break in Service, by incurring five consecutive one year 

Breaks in Service. A disabled Participant will not become an Inactive Participant 

until two years after his last Hour of Service, provided he is actively seeking 

Social Security disability benefits. 

Former Participant. A Participant that has become Inactive and has accepted a 

disability or vested deferred lump-sum cashout benefit, described in Sections 

5.2(b) or 7.2(a), shall be deemed to have become a Former Participant. 

Terminated Participant. An Inactive or Active Participant who has not become 

vested in any portion of his Accrued Benefit shall be deemed to have incurred a 

Permanent Break in Service and become a Terminated Participant on the first 

day of the Plan Year following the Plan Year in which such individual accrues five 

consecutive one year Breaks in Service. A Terminated Participant shall lose all 

Years of Vesting and Credited Service accrued prior to the Permanent Break in 

Service, and shall be treated as a new Participant upon any reemployment, 

except as provided in Section 2.6. 

Vested Deferred Participant. A Participant who has become partially or fully 

vested in any portion of his Accrued Benefit shall be deemed to become a 

Vested Deferred Participant on the first day of the Plan Year following two 

consecutive Plan Years in which such individual accrues no Hours of Service in 

any categories of employment described in Section 2.2 or 2.3 hereof. 

Section 2.5 Authorized Leaves of Absence. No Break in Service or loss of Active Participant 

status shall occur in any Plan Year in which the necessary Hours of Service were not accrued 

as a result of: 

8 
CPTF-DV000264

(a) 

(b) 

Military Leave. 

(i) If an Active Participant enters service in the armed forces of the United States 

and serves for a period of at least three months, but not more than five years ( or 

a longer period, if his service is extended by the government} and resumes 

employment as an Employee covered by this Plan within twelve months of the 

date of his discharge under honorable conditions from the armed forces (three 

months in case of National Guard Service), he shall be credited with Hours of 

Service and shall accrue Years of Service for the period of his service in the 

armed forces. The number of Hours of Service with which he is credited shall be 

the average number of Hours of Service with which he was credited each month 

during the three Plan Years immediately preceding his entry into the armed 

forces or, if he first became a Participant less than three Plan Years prior to his 

entry into the armed forces, the monthly average of Hours of Service with which 

he was credited during the shorter period of participation. An Active Participant 

who is a Reservist or National Guardsman, who is called to active service by the 

United States government for a period of at least three consecutive months, shall 

be credited with Hours of Service and shall accrue Years of Service for the 

period of that active service in accordance with the provisions set out in this 

subsection. Time spent by a Participant in any service in the armed forces of the 

United States which is covered by the Uniform Services Employment and 

Reemployment Rights Act of 1994 (USERRA), or its predecessors, will be 

considered by this Plan provided the Participant complies with the notice, 

documentation and reemployment requirements thereof. 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. Any additional liabilities arising 

from this Section shall be considered liabilities of the Plan; 

(ii) In accordance with the Heroes Earnings Assistance and Relief Tax Act 

(HEART), the reemployment requirement referenced above in Section 2.5(a)(i) 

shall apply only when considering military service for purposes of accruing hours 

and years of service. For all death and survivor benefits available under this 

Plan, an Active Participant who enters military service and then dies while on 

qualified military leave shall be treated by the Plan as having been actively 

employed at the time of his or her death. 

Non-Covered Service. Time spent by a Participant in Non-Covered Service 

described in Section 2.2 and 2.3, including employment: 

(i) With the Union, including the International or any of its affiliated entities, 

or any department or agency of any labor organization or council of labor 

organizations with which the Union is affiliated; 

(ii) With the state or federal department of labor; 

(iii) With an Employer described in Section 1.14 (c), (d), (e), (f) or (g) of this 

Plan, that elects not to contribute to the Fund; 

(iv) Any non Covered Employment for a contributing Employer; or 

9 
CPTF-DV000265

(v) During which contributions are made to another Pension Fund sponsored 

by the Union or its parent or sister entities with respect to work performed 

by him in the jurisdiction of one of the district councils or local unions 

party to that fund; provided that the combination of Hours of Service 

performed in both Funds' areas are sufficient to satisfy the requirements 

hereunder; or 

(vi) During which he worked in Canada between January 1, 197 4 and 

December 31, 1976, because of lack of work in the Detroit metropolitan 

area, provided evidence of such work is found in the records of a Union 

sponsored Health and Welfare Fund. 

(c) Maternity/Paternity Leave. If an Active Participant timely notifies the Trustees 

and furnishes the information required by them to establish that absence from 

work is due to pregnancy, childbirth, placing of a child with the Active Participant 

for adoption or caring for such a child immediately following birth or placement, 

hours which the Active Participant would otherwise have worked shall be counted 

as Hours of Service, for the purpose of preventing One-Year Break in Service 

only, up to a maximum of 435 Hours of Service either in the Plan Year in which 

the absence began or, if not needed to prevent a Break in Service in that Plan 

Year, then in the next Plan Year. Notification shall be timely if given 90 days in 

advance of the beginning of such absence or, upon submission of a satisfactory 

reason for not giving advance notice, after the absence, but no later than 30 days 

following the end of the Plan Year in which the absence occurred. 

(ct) Disability. Any period during which the Participant is eligible to receive disability 

benefits from this Plan. 

Section 2.6 Reemployment. 

(a) Inactive and Former Participant. If an Inactive or Former Participant, who has 

not terminated participation as a result of a permanent Break in Service, resumes 

employment as an Employee covered by the Plan, he shall again become an 

Active Participant retroactive to the first day of the first Plan Year of any two 

consecutive Plan Year period in which such individual accrues at least 435 Hours 

of Credited Service. All pre-break vesting and credited service will be restored, 

provided the Inactive or Former Participant recommences participation prior to 

incurring a permanent Break in Service. 

(b) Terminated Participant. If a Terminated Participant who has ceased 

participation as a result of a permanent Break in Service, resumes employment 

as an Employee covered by the Plan, he shall again become an Active 

Participant, in the same manner as a new Participant, i.e., when he has been 

credited with 870 Hours of Credited Service in any two consecutive Plan Years 

and have his pre-break vesting service restored. All pre-break credited service 

will also be restored if such Participant accrues three or more Years of Vesting 

Service after becoming an Active Participant, or accrues at least 5,000 Hours of 

Credited Service before suffering another permanent Break in Service. 

(c) Post-ERISA Cash Out. If a Former Participant returns to Covered Employment 

on or after May 1, 1987, and accrues at least 435 Hours of Credited Service in 

any one Plan Year, all of his pre-break Years of Vesting Service will be restored. 

If such individual repays to the Fund the amount of any lump sum disability or 

10 
CPTF-DV000266

deferred vested payment received by him on or after May 1, 1976, along with 

interest at the rate of 5%, compounded annually, from the date of payment to the 

date of repayment, then the Years of Credited Service and all Employer 

contributions previously forfeited shall be reinstated, provided that repayment is 

made prior to the date as of which such Participant accumulates three (3) 

consecutive Years of Credited Service. The amount of the lump sum benefit 

payment repaid hereunder shall also be taken into account for benefit calculation 

purposes. If a Terminated Participant who did not receive a cash out benefit 

returns to Covered Employment, he must satisfy the requirements of Section 

2.6(b) to reinstate his prior service. 

(d) Pre-ERISA Cash Out. If a Former or Terminated Participant who had accrued at 

least 435 Hours of Service in any one Plan Year prior to May 1, 1976, becomes 

an Active Participant on or after May 1, 1996, he may reinstate all forfeited Years 

of Vesting and Credited Service accrued prior to May 1, 1976. All Employer 

contributions made on such Participant's behalf prior to May 1, 1976, that were 

not previously distributed to him as a "cash-out" benefit, will be taken into 

account for purposes of benefit calculations hereunder. Those contributions 

which were cashed out need not be repaid, nor will they be considered for benefit 

calculation purposes hereunder. 

(e) Vested Deferred Participant. A Vested Deferred Participant will become an 

Active Participant retroactive to the first day of any one Plan Year period in which 

such individual accrues at least 435 Hours of Credited Service and will have all 

his pre-break Vesting and Credited Service restored, as if he never ceased being 

an active Participant. 

(f) Rule of Parity. The foregoing notwithstanding, any Years of Vesting and 

Credited Service accrued by a Participant that is not vested in any part of his 

Accrued Benefit prior to becoming an Inactive or Terminated Participant or 

incurring a Permanent Break in Service, shall not be disregarded unless such 

Participant fails to return to Covered Employment, with a period equal to the 

greater of (A) the number of Years of Vesting Service accrued prior to the 

Permanent Break in Service, or his becoming an Inactive Participant, whichever 

occurred first, or (B) five Plan Years. 

ARTICLE Ill 

NORMAL RETIREMENT BENEFITS 

Section 3.1 Eligibility For Normal Retirement Benefits. An Active Participant shall be 

eligible to receive his normal retirement benefits upon satisfying all of the following 

requirements: 

(a) He has reached his Normal Retirement Date, consisting of the later of: 

(i) The date upon which the Active Participant has attained the Normal 

Retirement Age of 65; or 

(ii) The fifth anniversary of the date the Active Participant commenced 

participation in the Plan if such participation was commenced after age 60 

( except that, in the case of an Active Participant who previously suffered 

a Permanent Break in Service, the date upon which he resumed 

11 
CPTF-DV000267

participation following the most recent Permanent Break in Service shall 

be the commencement date used); 

(b) The Active Participant has completely withdrawn from Covered Employment; and 

(c) The Active Participant completes all necessary forms and provides all requested 

information in connection with the retirement application. 

(d) Unless the Participant otherwise elects, benefits will commence within the time 

specified by IRC Section 401(a)(14) and Regs section 1.401(a)-14. 

Section 3.2 Amount of Normal Retirement Benefit. Effective August 1, 2013, and for all 

accrued Hours of Service, the amount of the eligible Active Participant's monthly normal 

retirement benefit shall be that shown in subsection (b), of this Section. For a Vested Deferred 

Participant, the benefit rate at retirement shall be that established on the date the individual last 

was an Active Participant. The amount of contributions so accrued shall include Employer 

contributions that were actually made on the Participant's behalf and those that were required to 

be so made. This amount may be actuarially adjusted to take into account the benefit form 

selected by the Active Participant, as provided in Section 3.4. The normal retirement benefit 

provided under this Section shall become nonforfeitable when the Participant satisfies all of the 

requirements for Normal Retirement. Notwithstanding anything stated in this Section or 

elsewhere in this Plan, no contributions earmarked by the Plan Sponsors to go toward any 

purpose other than Accrued Benefits shall be taken into account in determining the amount of a 

participant's Accrued Benefit, as reflected in subsection (a), of this Section. All such noncredited contributions will be excluded from consideration in calculating benefits payable under 

this Plan, and therefore will not be included within the total aggregate Employer contributions 

accrued by the Active Participant used to compute benefits using the benefit multiplier. Further, 

all contributions transferred to this Fund pursuant to a reciprocity agreement will also be 

reduced by the then applicable non-credited contribution amount. 

Commercial 

Display 

Floorlavers 

Millmen 

Millwrights 

(a) The following percentages (or amounts where appropriate) of the hourly contribution 

amounts owed or paid by an Employer on behalf of a Participant in the applicable 

year, pursuant to the applicable Collective Bargaining Agreement listed below, will be 

non-credited contributions for that year that are not considered for benefit accrual 

purposes, as of the effective dates shown below, or such later date as may be 

required by governmental regulation: 

6/1/06 6/1/07 6/1/08 6/1/09 6/1/10 6/1/11 6/1/12 6/1/13 

to to to to to to to and 

5/30/07 5/30/08 5/30/09 5/30/10 5/30/11 5/30/12* 5/30/13 Thereafter 11 

22% 16%1 23%" 37%t) 45%t) 52% 56.75% 61% 

22% 16%' 23%" 37%0 45%" 52% 56.75% 61% 

221⁄2% 16.5%' 28% .. 42%' 51%" 56% 60.75% 61% 

22% 35% 45% 45% 50% 50% 55.00% 61% 

23% 17%'•"' 231⁄2%"•" 371⁄2%0

'

0 46o/o'v 52% 57.50% 61% 

Road builders 23% 17%1 231⁄2%" 371⁄2%t) 46%" 53% 57.75% 61% 

All Others 22% 35% 45% 45% 50% 50% 55.00% 61% 

Residential 22% 35% 45% 45% 50% 50% 55.00% 61 % 

Poured Wall 22% 35% 45% 45% 50% 50% 55.00% 61% 

*No maximum non-credited contribution is in effect for benefits accrued on or after June 1, 

2011. 

1. Up to a maximum of $1.00 per hour. 

2. Millwright agreements with an increase in contributions of less than $1. 75 per hour will be 

12 
CPTF-DV000268

35% non-credited with no maximum non-credited amount. 

3. Up to a maximum of $1.85 per hour. 

4. Up to a maximum of $2.00 per hour. 

5. Millwright agreements with an increase in contributions of less than $1. 75 per hour will be 

45% non-credited, with no maximum non-credited amount. 

6. Up to a maximum of $3.60 per hour. 

7. Up to a maximum of $3.75 per hour. 

8. Up to a maximum of $5.15 per hour. 

9. Up to a maximum of $5.30 per hour. 

10. Up to a maximum of $5.15 per hour, except that if the agreement does not provide for a 

contribution increase of at least $1.55 per hour, contributions will be 50% non-credited 

with no maximum non-credited amount. 

11. Residential and Poured Wall, effective August 1 of each year, instead of June 1. 

Once discounted, as provided above, the net contribution amount for the applicable period will 

then be multiplied by the appropriate benefit rate, as set forth is Subsection (b). 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

(vi) 

(vii) 

(viii) 

(ix) 

(x) 

(xi) 

(xii) 

(xiii) 

(xiv) 

(b) Effective for all Hours of Service accrued under this Plan, the normal retirement 

benefit is calculated as follows, based on the most recent date that the 

Participant was active and using Employer contributions earmarked for benefit 

accruals: 

For Participants who An. amount equal to the following percent of total Employer 

were Active on or after contributions earmarked for benefit accruals for the 

the following date: Participant: 

May 1, 2007 1 % for hours accrued on or after May 1, 2007, plus (ii) 

May 1, 2004 3% for hours accrued on or after May 1, 2004 but prior to 

May 1, 2007, plus (iii) 

May 1, 1997 4.3% for all hours orior to Mav 1, 2004 

May 1, 1992 3.9% for all hours prior to May 1, 1997 

May 1, 1990 3.85% for all hours prior to May 1, 1992 

May 1, 1989 3.4% for hours prior to May 1, 1985, plus 3. 7% for hours on 

or after May 1, 1985 

May 1, 1987 3.4% for hours prior to May 1, 1985, plus 3.6% for hours on 

and after May 1, 1985 

May 1, 1986 3.2% for hours prior to May 1, 1985, plus 3.4% for hours on 

and after May 1, 1985* 

May 1, 1985 the 2.6% rate used in the calculations under either (xi) or (xi,) 

is increased to 3.2%* 

May 1, 1984 the 2.6% rate used in the calculations under either (x1) or (xi,) 

is increased to 2.9%* 

May 1, 1980 2.6%* 

April 30, 1980 the greater of (A) 2.75% of the first $15,000 of contributions 

plus 3% of the next $19,600 of contributions or (B) 2.6% of 

such contributions* 

May 1, 1979 2.75% of the first $15,000 of contributions plus 3% of 

contributions in excess of $15,000, but not less $35.00 per 

month or more than $900.00 per month* 

May 1, 1976 2.75% of contributions, but not less than $35.00 per month or 

more than $650.00 per month (increased to $800.00 on and 

after May 1, 1977)* 

*For those who were also Active Participants on April 30, 1969, the amount will 

be the greater of the amount calculated according to the applicable formula or 

13 
CPTF-DV000269

3.5% of the first $4,300 of such contributions plus 1.5% of contributions in excess 

of $4,300. 

Section 3.3 Start of Normal Retirement Benefits. An Active Participant who applies for 

normal retirement benefits in a form satisfactory to the Trustees shall be entitled to begin 

receiving normal retirement benefits as of the first day of the first month following receipt of his 

application by the Trustees, based upon which he is found to have retired and to have met all 

other eligibility requirements for a normal retirement benefit. Effective for Plan Years after 

December 31, 1996, the Required Beginning Date for such benefit, in the absence of an earlier 

application by an Active Participant, shall commence on the later of the first day of April 

following the calendar year in which the Active Participant reaches age 70 1/2, or actually 

retires. Benefits commencing after the Participant's Normal Retirement Age shall be actuarially 

adjusted. The accrued benefit of an Employee (other than a five-percent owner) who retires in a 

calendar year after the calendar year in which the employee attains age 70 1/2 is actuarially 

increased from April 1 after the calendar year in which the Employee attains age 70 1 /2 to the 

date on which benefits commence after retirement in an amount sufficient to satisfy IRC Section 

401 (a)(9), in order to take into account the period during which the Employee is not receiving 

benefits under the Plan. Any Participant (other than a five-percent owner) who attains age 70 

1/2 after 1995 shall have the option of commencing distributions by April 1 following age 70 1/2 

or deferring such distributions. Unless the Participant otherwise elects, benefits will commence 

within the time specified by IRC Section 401(a)(14) and Regs section 1.401(a)-14. 

Section 3.4 Forms of Payment. Normal retirement benefits shall be payable monthly, in one 

of the following forms: 

(a) Single Life Benefit. The monthly normal retirement benefit amount shall be 

equal to the applicable percentage(s) provided for under Section 3.2(b) based on 

the Participant's date(s) of determination, multiplied by the applicable contribution 

amount after the application of Section 3.2(a). The single life benefit shall 

terminate on the first day of the following month in which the death of the Retiree 

occurs. 

(b) 50% Joint and Survivor Annuity. The amount of the monthly 50% joint and 

survivor benefit shall be the Actuarial Equivalent of the single life benefit, 

actuarially adjusted to provide a monthly benefit payable to the Retiree for his life 

and, upon his death, a monthly benefit payable to the Retiree's Surviving Spouse 

for the remainder of the Surviving Spouse's life, in an amount equal to 50% of the 

actuarially adjusted benefit payable to the Retiree during his lifetime. The 50% 

joint and survivor benefit will terminate on the first day of the following month in 

which the later of the death of the Retiree or the Spouse occurs. 

(c) 75% Joint and Survivor Annuity. The amount of the monthly 75% joint and 

survivor benefit shall be the Actuarial Equivalent of the single life benefit, 

actuarially adjusted to provide a monthly benefit payable to the Retiree for his life 

and, upon his death, a monthly benefit payable to the Retiree's Surviving Spouse 

for the remainder of the Surviving Spouse's life, in an amount equal to 75% of the 

actuarially adjusted benefit payable to the Retiree during his lifetime. The 75% 

joint and survivor benefit will terminate on the first day of the following month in 

which the later of the death of the Retiree or the Spouse occurs. 

(d) 100% Joint and Survivor Annuity. The amount of the monthly 100% joint and 

survivor benefit shall be the Actuarial Equivalent of the single life benefit, 

actuarially adjusted to provide a monthly benefit payable to the Retiree for his life 

14 
CPTF-DV000270

and, upon his death, a monthly benefit payable to the Retiree's Surviving Spouse 

for the remainder of the Surviving Spouse's life, in an amount equal to 100% of 

the actuarially adjusted benefit payable to the Retiree during his lifetime. The 

100% joint and survivor benefit will terminate on the first day of the following 

month in which the later of the death of the Retiree or the Spouse occurs. 

(e) Life-Ten Year Certain Annuity. The amount of the life-ten year certain benefit 

shall be the Actuarial Equivalent of the single life benefit, which is actuarially 

adjusted to provide a benefit payable should the Retiree die after the first benefit 

becomes payable but before a total of one hundred and twenty monthly benefits 

have been paid, to a Beneficiary designated by the Active Participant at the time 

of retirement, commencing on the first day of the month following the Retiree's 

death and continuing until the number of payments made to the Retiree and to 

the Beneficiary combined is one hundred and twenty. If both the Retiree and the 

Beneficiary should die before a total of one hundred and twenty monthly benefits 

have been paid, the commuted value of the remaining payments needed to reach 

one hundred and twenty shall be paid in a lump sum to the estate of the later of 

the two to die, provided that claim therefore is made within twelve months of the 

date of the second death. A Retiree in pay status may change the designated 

Beneficiary who will receive the remainder of the life-ten year certain benefit once 

during any Plan Year, subject, to the written consent of the Spouse to whom he 

was legally married at the time benefits first became payable, if the Spouse is still 

living. The Retiree shall be permitted to designate another Beneficiary if the 

Beneficiary first designated dies before a total of one hundred and twenty 

monthly benefits have been paid, without such Spousal consent. Any such 

designation shall be effective on the first of the month following the receipt of 

written notice signed by the Retiree and, if required, written Spousal consent. 

Section 3.5 Married Participants. Active Participants that are married to a Spouse at the time 

they are eligible to receive a normal retirement benefit shall be subject to the following 

provisions as modified on July 1, 2007: 

(a) Married Participant's Benefit Option. If the applicant is legally married at the 

time of his retirement, the normal retirement benefit shall automatically be paid in 

the 50% joint and survivor annuity form, unless the applicant waives that form 

and elects one of the optional forms, subject to his Spouse's consent. 

(b) Qualified Election. A qualified election to waive a 50% joint survivor annuity 

must be in writing and must be consented to by the individual's Spouse. The 

written explanation of the Plan's joint and survivor annuity will provide a 

description of the relative value of the Plan's optional forms of benefit compared 

to the joint and survivor annuity, consistent with Treas. Reg. § 1.417(a)(3)-(c). 

The Spouse's consent to waiver must be witnessed by a Plan representative or 

notary public, must either designate a Beneficiary which may not be changed 

without Spousal consent or permit the Participant to so designate without further 

Spousal consent, must state the particular optional form of benefit, and must 

acknowledge the effect of such election. Notwithstanding this consent 

requirement, if the applicant establishes 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 necessary under this provision will be valid only with 

respect to the Spouse who signs the consent, or in the event of a deemed 

qualified election, the designated Spouse. Additionally, a revocation of a prior 

15 
CPTF-DV000271

waiver may be made by the individual without the consent of the Spouse at any 

time before the commencement of benefits. The number of revocations shall not 

be limited during the 180-day period ending on the annuity starting date. During 

a period that begins on the first day of the 180 day period ending on the annuity 

starting date and ends on the later of the annuity starting date of the 30th day 

after the Plan Administrator provides the Participant with a written explanation of 

the qualified joint and survivor annuity (QJSA), a Participant may waive the QJSA 

form of benefit if the following conditions are satisfied: 

(i) the Participant's Spouse consents in writing to the election and the 

spouse's consent is witnessed by a plan representative or notary public; 

(ii) the Participant's waiver and the Spouse's consent state the specific 

nonspouse beneficiary (including any class of beneficiaries or contingent 

beneficiaries) and the particular optional form of benefit, neither of which 

may be further modified (except back to a QJSA) without subsequent 

spousal consent (unless expressly permitted by the Spouse); and 

(iii) the Spouse's consent acknowledges the effect of the election. 

(c) Pop-up. If a Retiree commences to receive benefits in either the 50% joint and 

survivor, 75% joint and survivor, or the 100% joint and survivor form and, at any 

time after the date on which benefit payments commence, the Retiree's Spouse 

dies and the Retiree survives the Spouse, his future monthly benefit amount shall 

be increased to the amount payable in the single life benefit form, using the 

applicable formula in effect at the time of his retirement. Thereafter the monthly 

benefit shall be paid in the single life benefit form. 

(d) Notice and Election of Joint and Survivor Annuity. Within a reasonable time, 

but no less than 30 and no more than 180 days prior to the joint and survivor 

annuity starting date, the Trustees shall provide each person eligible therefore 

with a written explanation of: 

(i) The terms and conditions of the joint and survivor annuity; 

(ii) The individual's right to make and the effect of the election to waive the 

joint and survivor annuity; 

(iii) The rights of the individual's Spouse; and 

(iv) The right to make and the effect of a revocation of an election. 

For limitation years after December 31, 1997, the Participant may waive the requirement that 

the written explanation be provided at least 30 days before the annuity starting date, if the 

distribution begins more than seven days after the explanation is provided to the Participant. 

The waiver provisions of Section 3.5(b)(i)-(iii) apply to this Section. 

(e) Dual Spouse. Each Participant and Spouse, or alternate payee under a 

Qualified Domestic Relations Order (QDRO), applying for benefits herefrom shall 

be deemed to automatically certify that they are not aware of any other or 

undisclosed Spouse that may have a claim for benefits from the Pension Fund, 

and agree to indemnify the Pension Fund from any such claims. 

16 
CPTF-DV000272

Section 3.6 Continued Employment. 

(a) Active Participant. If an Active Participant does not retire at age 65, or the 

earliest date on which he would be eligible to commence receiving normal 

retirement benefits, his Accrued Benefit shall be the greater of: 

(b) 

(i) An amount that is the Actuarial Equivalent of the normal retirement 

benefit to which he would have been entitled had he applied to receive 

payments on the first day of the month following the month in which he 

became eligible for normal retirement benefits; or 

(ii) The amount calculated as a single life benefit, including any additional 

Employer contributions made to the Fund with respect to Hours of Service 

performed by the Active Participant after the month in which he became 

eligible for normal retirement benefits. 

(iii) The accrued benefit of an Employee (other than a five-percent owner) 

who retires in · a calendar year after the calendar year in which the 

employee attains age 70 1/2 is actuarially increased from April 1 after the 

calendar year in which the Employee attains age 70 1/2 to the date on 

which benefits commence after retirement in an amount sufficient to 

satisfy IRC Section 401 (a)(9), in order to take into account the period 

during which the Employee is not receiving benefits under the Plan. 

Retiree. If a Retiree is credited with additional contributions as a result of Hours 

of Service accrued after retirement, he shall receive an increased monthly benefit 

based upon the additional contributions accrued, effective the following May 1. 

Monthly benefits shall be increased effective each May 1 thereafter, based upon 

the contributions, if any, accrued during the immediately preceding Plan Year. 

Each such increase in monthly benefits payable shall be calculated in the same 

benefit form in which the Retiree's monthly benefit is being paid, using the benefit 

rate in effect on the May 1 as of which each increase is effective. 

Section 3. 7 Suspension of Benefits. Notwithstanding any other provision of this Plan, the 

payment of monthly retirement benefits to a Retiree who would be eligible to receive such 

retirement benefits shall be suspended, in accordance with the provisions of this Section if the 

Retiree returns to or continues in Restricted Work as described herein, during the periods of 

time set forth herein. 

(a) Return to Employment. No monthly retirement benefit shall be paid to any 

Normal, Early or Vested Deferred Retiree who is at least age 62 during any 

calendar month during which such individual accrues 40 or more Hours of 

Service in Restricted Work, described below. No Early or Vested Deferred 

monthly retirement benefit shall be paid to any Early or Vested Deferred Retiree 

who is under age 62 during any calendar month during which such individual 

accrues any Hours of Service in Restricted Work, as described in parts (i) 

through (v) of this Subsection: 

(i) Industry. Employment in any industry in which Employees covered by 

this Plan were employed and were covered by this Plan as a result of 

such employment at the time that the payment of benefits commenced or 

would have commenced if the Retiree had not remained in or returned to 

employment; 

17 
CPTF-DV000273

(ii) Trade. Employment in a trade or craft which is covered by the craft 

jurisdiction of the Collective Bargaining Agreement, such as an 

apprentice, journeyman, layout man, foreman, or general foreman, 

pursuant to which the Retiree was employed at any time under the Plan; 

(iii) Exception. A Retiree will be deemed to be working in the industry and 

trade or craft if such Retiree performs any field supervisory work on 

jobsites where Covered Employees normally work. Suspendible 

supervisory work will not include working as an estimator, project or 

construction manager (so long as there in no direct supervision of 

Covered Employees), safety engineer, or owner-manager (provided such 

owner is not working the tools of the trade). The foregoing 

notwithstanding, any Retiree who spends a majority of his time on 

jobsites, rather than at the Employer's offsite office, shall be deemed to 

be performing Restricted Work until such time as he can demonstrate to 

the satisfaction of the Trustees, that he is not performing such Restricted 

Work; 

(iv) Area. The geographical area covered by Collective Bargaining 

Agreements requiring contributions to the Plan at the time that the 

payment of benefits commenced or would have commenced if the Retiree 

had not remained in or returned to employment. For purposes of the 

foregoing, any Restricted Work performed outside of the State of 

Michigan, which is covered by one or more Collective Bargaining 

Agreements that permit contributions to the Fund, including but not limited 

to the Display Industry Agreement, various U.B.C. International 

Agreements and such similar regional or national agreements, will be 

deemed as Restricted Work hereunder; and 

(v) Presumptions. For purposes of the foregoing, any contributions 

received on behalf of a Retiree will be deemed to be as a result of 

Restricted Work. The burden of proving that the Retiree's employment is 

not Restricted Work, rests with such Retiree. 

The term "hours worked" shall have the meaning described in Section 1.14 hereof. The terms 

"industry," "trade or craft," and "geographical area covered by the Plan" shall have meanings 

prescribed by IRC Section 411 (a)(3)(B) and Regulations issued by the Department of Labor. 

The foregoing shall not apply to any Contiguous Service described in Section 2.2. 

(b) Amount. The amount of retirement benefit which will be permanently withheld 

for the calendar month in which the Retiree or Participant is employed as defined 

in subsection (a) hereof shall be the lesser of (1) an amount equal to the monthly 

benefit which would have been payable to him if he had been receiving monthly 

benefit under the Plan since his actual retirement date or the date which would 

have been his actual retirement date but for his reemployment or continued 

employment based upon a single life annuity commencing at the actual 

retirement age or (2) the actual amount paid or scheduled to be paid to him for 

such benefit. The amount of normal retirement benefits permanently withheld will 

be adjusted as necessary to comply with applicable laws. The actuarial increase 

required by IRC Section 401 (a)(9)(C)(iii) of the Code applies even during the 

period that an employee is in suspendible service under Section 203(a)(3)(B) of 

ERISA and Section 411 (a)(3)(B) of the Code. 

18 
CPTF-DV000274

(c) Resumption of Payments. At such time as the Retiree or Participant is no 

longer employed as defined in subsection (a), hereof, and has notified the 

Trustees of that fact in accordance with subsection (f), hereof, the payment of 

monthly retirement benefits shall be commenced on the next regularly scheduled 

date for the payment of such benefits. The initial payment upon resumption shall 

include the payment scheduled to occur in that calendar month and any amounts 

withheld from the time such reemployment or employment was terminated until 

the resumption of payments, less any amounts which are subject to offset in 

accordance with subsection (d), hereof. The Retiree will be credited with all 

Employer contributions accrued by him during the suspension period. 

(d) Offset Rules. If payment of monthly retirement benefits have been resumed in 

accordance with subsection (c), hereof, the Trustees shall withhold up to 25% of 

the amount due in each subsequent calendar month, until the Pension Fund has 

been repaid all payments previously made to the Retiree or Participant during 

those calendar months during which the Retiree or Participant was employed as 

defined in subsection (a), hereof. 

(e) Notification. The Trustees shall cause a written notice to be served on the 

Retiree or Participant by personal delivery or certified mail during the first 

calendar month in which the Trustees withhold his monthly retirement benefit. 

The notice shall include a copy of a form to be used by the Retiree or Participant 

to notify the Trustees when he has discontinued such employment or 

reemployment, and such notice shall contain all information required by the 

Department of Labor Regulations Paragraph 2530.203-3(b)(4). 

(f) Verification and Determination of Status. 

(i) Every Retiree who has retired and is receiving early retirement benefits 

and every Participant who would be eligible to receive early retirement 

benefits but for his reemployment or continued employment who engages 

in any employment as described in subsection (a), hereof, shall promptly 

notify the Trustees of such employment or reemployment and shall 

provide the Trustees and their agents with all reasonable information and 

assistance for the purpose of verifying such employment, such as income 

tax and similar employment related information, as may be requested by 

the Fund. 

(ii) Every Retiree or Participant who engages in employment as described in 

Subparagraph (a) hereof shall promptly notify the Trustees of such 

employment or reemployment and shall provide the Trustees and their 

agents with the aforesaid reasonable information and assistance for the 

purpose of verifying such employment. 

(iii) It shall be a condition to the right of the Retiree or Participant to receive 

future monthly retirement benefit payments that the Retiree or Participant 

shall, at such time as may be requested by the Trustees, certify in writing 

that he is unemployed or provide factual information to the Trustees 

sufficient to establish that any employment in which he is engaged is not 

the type of employment defined in Subparagraph (b), above. The 

Trustees shall provide the Retiree or Participant with the necessary forms 

for such certification. 

19 
CPTF-DV000275

(g) 

(h) 

(i) 

(iv) The Trustees shall, within 60 days after receipt of a written request 

together with sufficient information from any Retiree or Participant, 

provide the Retiree or Participant with a written determination as to 

whether or not any contemplated employment or reemployment by the 

Retiree or Participant will result in a suspension of monthly retirement 

benefits. 

(v) All determinations by the Trustees relating to the suspension of benefits 

or the determination of benefits of the character of any contemplated 

employment or reemployment shall be considered in accordance with the 

claims procedure adopted by the Trustees pursuant to Section 503 of 

ERISA and applicable regulations. 

Presumptions. 

(i) If the Trustees have given written notice to the Retiree or Participant of 

the suspension of benefits and the Retiree or Participant has not 

complied with the verification requirements contained in subsection (f), 

hereof, the Trustees may, unless it is unreasonable to do so, act on the 

basis of the rebuttable presumption that the Retiree or Participant has 

worked more than 40 hours in the month in question. 

(ii) If the Trustees become aware that a Retiree or Participant is reemployed 

as defined in subsection (a), hereof, at a construction site and the 

Pensioner or Participant has not complied with the verification 

requirements set forth in subsection (f) with regard to that employment, 

then the Trustees may, unless it is unreasonable under the circumstances 

to do so, act on the basis of a rebuttal presumption that the Retiree or 

Participant engaged in such employment for the same Employer in work 

at that site for so long before the work in question as that same Employer 

performed that work at that construction site. 

Waiver. The Trustees, in their sole discretion, may waive the application of this 

suspension-of-benefits rule when there is sufficient employment in the industry 

so as to not adversely affect the funding base of the Plan and where the Retiree 

provides the Trustees with prior written notice of his intention to return to 

Restricted Work. Although such waivers shall be granted in a nondiscriminatory 

manner, no individual waiver shall be construed as applicable to all Retirees in 

the same or similar circumstances. Each Retiree's request for a waiver shall be 

independently evaluated by the Trustees. Benefits of Participants of tax exempt 

Employers will have said limitations determined in accordance with applicable 

provisions of the IRS Code, as amended from time to time. To allow for the 

prompt waiver of the suspension of benefit rule when warranted, the Chairman 

and Secretary are granted the authority to waive the rule on a month to month 

basis for a particular industry and craft jurisdiction, subject to ratification by the 

full board of trustees at the next regularly scheduled meeting. 

Return to Active Status. Should a Retiree desire to return to Covered 

Employment before age 65 and become an Active Participant again, such 

Retiree must then wait no less than 12 month from the date he ceases being an 

Active Participant in order to retire again. 

20 
CPTF-DV000276

Section 3.8 Maximum Benefit Limitations. The annual benefit under all defined benefit plans 

maintained by the Participant's Employer before any reduction for the Spouse's benefit or any 

other option hereunder shall not exceed the limitations of IRC Section 415 and 416, and 

regulations thereunder. Effective July 1, 2007, the annual benefit to which a Participant may be 

entitled, in the form of a straight life annuity, shall not exceed the lesser of $90,000 before 

December 31, 2001; or $160,000 after December 31, 2001; or 100 percent of the Participant's 

high three year average compensation (or fewer, if the Employee does not have three 

consecutive years.) 

If an Employee's benefit commences prior to age 65, the maximum benefit determined above 

shall be actuarially reduced. The limitations in effect at the time of an Employee's 

commencement of benefit payments shall be applied. For the purpose of this Section, "annual 

benefit" shall mean the benefit payable in the form of a straight life annuity with no ancillary 

benefits and shall exclude any benefits not directly related to retirement. Limitations on benefits 

of Participants employed by a tax-exempt entity, will be determined in accordance with 

applicable provisions of the IRS Code, as amended from time to time, and are incorporated 

herein by reference. Compensation shall mean wages, within the meaning of §3401 (a), and all 

other payments of compensation to an Employee by the Employer (in the course of the 

Employer's trade or business) for which the Employer is required to furnish the Employee a 

written statement under §§6041(d), 6051(a)(3), and 6052. Compensation must be determined 

without regard to any rules under §3401 (a) that limit the remuneration included in wages based 

on the nature or location of the employment or the services performed (such as the exception 

for agricultural labor in §3401 (a)(2)). For purposes of this section the definition of compensation 

includes (for limitation years beginning after December 31, 1997) any elective deferral under 

IRC Sections 402(g)(3), 125, 457(b) and effective for plan years beginning on and after the 

earlier of 1) January 1, 2001 or 2) the first day of the first plan year for which these sections of 

the plan were operated in accordance with the Community Renewal Tax Relief Act of 2000 

(CRA) amendment of IRC 415(c)(3) but in no case earlier than the first day of the first plan year 

beginning on or after January 1, 1998, compensation shall include elective amounts that are not 

includible in the gross income of the employee by reason of IRC 132(f)(4). 

After December 31, 2005, for purposes of determining whether the limitations of§ 415(b) have 

been exceeded with respect to benefits subject to § 417(e)(3), mortality and interest rates 

specified in § 415(b)(2)(E) will be used. 

For benefits that commence after age 65, the maximum benefit is increased as follows: 

( a) If the annuity starting date is in a limitation year that begins before July 1, 2007, 

the annual amount of a benefit payable in the form of a straight life annuity 

commencing at the participant's annuity starting date that is the actuarial 

equivalent of the dollar limitation under IRC § 415(b)(1)(A) (as adjusted under 

415(d)), with actuarial equivalence computed using whichever of the following 

produces the small annual amount: (1) the interest rate and mortality table or 

other tabular factor specified in the plan for determining actuarial equivalence for 

delayed retirement purposes; or (2) a 5 percent interest rate assumption and the 

applicable mortality table. 

(b) If the annuity starting date is in a limitation year beginning on or after July 1, 

2007, the annual amount of a benefit payable in the form of a straight life annuity 

commencing at the participant's annuity starting date that is the actuarial 

equivalent of the dollar limitation under IRC § 415(b)(1)(A) ( as adjusted under 

IRC § 415(d)), with actuarial equivalence computed using a 5 percent interest 

rate assumption and the applicable mortality table and expressing the 

21 
CPTF-DV000277

participant's age based on completed calendar months as of the annuity starting 

date. 

The applicable mortality table is the mortality table described in Rev. Rul. 2001-62, IRC §§ 

415(b)(2)(D) and 415(b)(2)(E)(iii); Treas. Reg.§ 1.415(b)-1(e); Rev. Rul. 2001-62. 

Section 3.9 Multiple Plan and Combination of Plans. In any case in which an individual is a 

Participant, at any time, in more than one retirement plan maintained by the same Employer, the 

multiple plan rules imposed by the IRS Code and regulations shall apply, as in effect on such 

individual's retirement date. All exceptions to such multiple plan rules, such as the multiemployer aggregation provisions, shall automatically be deemed incorporated herein by 

reference. To the extent that such aggregation rules require the reduction of benefits due any 

Participant or Retiree hereunder, pursuant to IRC Sections 415 and 416, then such reductions 

shall be implemented by this Plan whenever permitted by law. In case of conflict between this 

Plan and another plan(s) reduction provisions, the Plan in which the individual was a Participant 

the longer shall control, to the extent permitted by law. Effective for limitation years beginning 

after December 31, 1999, IRC Section 415(e) is eliminated for any purposes under this Section. 

Section 3.10 Minimum Amounts to be Distributed. The amount of retirement benefits to be 

distributed each year must be at least an amount equal to the quotient obtained by dividing the 

Participant's entire interest by the life expectancy of the Participant or joint and last survivor 

expectancy of the Participant and designated Beneficiary. Life expectancy and joint and last 

survivor expectancy are computed by the use of the return multiples contained in Section 1. 72-9 

of the Income Tax Regulations. For purposes of this computation, a Participant's life 

expectancy may be recalculated no more frequently than annually; however, the life expectancy 

of a non-Spouse Beneficiary may not be recalculated. If the Participant's Spouse is not the 

designated Beneficiary, the method of distribution selection must assure that at least 50% of the 

present value of the amount available for distribution is paid within the life expectancy of the 

Participant. 

(a) Minimum Amounts to be Distributed After December 31, 2002. 

(i) General. 

(1) Effective Date. The provIsIons of Sections 3.10(a) through 

3.1 0(f)(iv) will apply for purposes of determining required minimum 

distributions for calendar years beginning with the 2003 calendar 

year. 

(2) Precedence. The requirement of this Section will take 

precedence over any inconsistent provisions of the Plan. 

(3) Requirements of Treasury Regulations Incorporated. All 

distributions required under this Section will be determined and 

made in accordance with the Treasury regulations under section 

401 (a)(9) of the Internal Revenue Code. 

(4) TEFRA Section 242(b)(2) Elections. Notwithstanding the other 

provisions of this Section, other than Section 3.10(a)(4), 

distributions may be made under a designation made before 

January 1, 1984, in accordance with section 242(b)(2) of the Tax 

Equity and Fiscal Responsibility Act (TEFRA) and the provisions 

of the Plan that relate to section 242(b)(2) of TEFRA. 

22 
CPTF-DV000278

(b) Time and Manner of Distribution After December 31, 2002. 

(i) 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. 

(ii) 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: 

(1) If the Participant's surviving spouse is the Participant's sole 

designated beneficiary, then, except as otherwise provided, 

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 the Participant would have attained age 70 1⁄2, if later. 

(2) If the Participant's surviving spouse is not the Participant's sole 

designated beneficiary, then, except as otherwise provided, 

distributions to the designated beneficiary will begin by December 

31 of the calendar year immediately following the calendar year in 

which the Participant died. 

(3) 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. 

(4) 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 3.1 0(b)(ii), other than Section 3.10(b)(ii)(1 ), will apply 

as if the surviving spouse were the Participant. 

For purposes of this Section 3.1 0(b)(ii) and Section 3.1 0{e), 

distributions are considered to begin on the Participant's required 

beginning date (or, if Section 3.10(b)(ii)(4) applies, the date 

distributions are required to begin to the surviving spouse under 

Section 3.10(b)(ii)(1)). If annuity payments irrevocably commence 

to the Participant before the Participant's required beginning date 

(or to the Participant's surviving spouse under Section 

3.1 0(b )(ii)( 1) ), the date distributions are considered to begin is the 

date distributions actually commence. 

(iii) 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 

Sections 3.1 0(c), 3.1 0(d) and 3.1 0(e) of this Section. If 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 section 401 (a)(9) of the Code and the Treasury 

regulations. Any part of the Participant's interest which is in the form of 

23 
CPTF-DV000279

an individual account described in section 414(k) of the Code will be 

distributed in a manner satisfying the requirements of section 401 (a)(9) of 

the Code and the Treasury regulations that apply to individual accounts. 

(c) Determination of Amount to be Distributed Each Year After December 31, 

2002. 

(i) 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: 

(1) the annuity distributions will be paid in periodic payments made at 

intervals not longer than one year; 

(2) the distribution period will be over a life ( or lives) or over a period 

certain not longer than the period described in Section 3.10(d) or 

3.10(e). 

(3) 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; 

(4) payments will either be nonincreasing or increase only as follows: 

(A) 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; 

(8) 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 was being 

used to determine the distribution period described in 

Section 3.10(d) dies or is no longer the Participant's 

beneficiary pursuant to a qualified domestic relations order 

within the meaning of section 414(p); 

(C) to provide cash refunds of Employee contributions upon 

the Participant's death; or 

(D) to pay increased benefits that result from a Plan 

amendment. 

(ii) 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 Section 

3.1 O(b )(ii)( 1) or (2)) is the payment that is required for one payment 

interval. The second payment need not be made until the end of the next 

payment interval even if that payment interval ends in the next calendar 

year. Payment intervals are the periods for which payments are received, 

e.g., bi-monthly, monthly, semi-annually, or annually. All of the 

Participant' s benefit accruals as of the last day of the first distribution 

24 
CPTF-DV000280

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. 

(iii) 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. 

(d) Requirements For Annuity Distributions That Commence During 

Participant's Lifetime After December 31, 2002. 

(i) 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 

nonspouse 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 section 

1.401 (a)(9)-6T of the Treasury regulations. If the form of distribution 

combines a joint and survivor annuity for the joint lives of the Participant 

and a nonspouse beneficiary and a period certain annuity, the 

requirement in the preceding sentence will apply to annuity payment to be 

made to the designated beneficiary after the expiration of the period 

certain. 

(ii) 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 

section 1.401 (a)(9)-9 of the Treasury regulations 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 section 1.401 (a)(9)-9 of the 

Treasury regulations 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 3.10(d)(ii), 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 section 1.401 (a)(9) of the Treasury 

regulations, 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. 

(e) Requirements for Minimum Distributions Where Participant Dies Before 

Date Distributions Begin After December 31, 2002. 

25 
CPTF-DV000281

(i} Participant Survived by Designated Beneficiary. Except as otherwise 

provided, if the Participant dies before the date distribution of his or her 

interest begins and there is a designated beneficiary, the Participant's 

entire interest will be distributed, beginning no later than the time 

described in Section 3.10(b)(ii)(1) or (2), over the life of the designated 

beneficiary or over a period certain not exceeding: 

(1) 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 

(2) if 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 that contains the annuity starting date. 

(ii) 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 following 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. 

(iii) 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 3.10(e) 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 

3.10(b)(ii)(1). 

(f) Definitions. 

(i) Designated Beneficiary. The individual who is designated as the 

beneficiary under Section 1.6 of the Plan is the designated beneficiary 

under section 401 (a)(9) of the Internal Revenue Code and section 

1.401 (a)(9)-1, Q&A-4, of the Treasury regulations. 

(ii) Distribution Calendar Year. A calendar year for which a minimum 

distribution is required. For distributions beginning before the 

Participant's death, the first distribution calendar year is the calendar year 

immediately preceding the calendar year which contains the Participant's 

required beginning date. For distributions beginning after the 

Participant's death, the first distribution calendar year is the calendar year 

in which distributions are required to begin under Section 3.10(b)(ii). 

(iii) Life Expectancy. Life expectancy as computed by use of the Single Life 

Table in section 1.401 (a}(9)-9 of the Treasury regulations. 

26 
CPTF-DV000282

(iv) Required Beginning Date. The date specified in Section 3.1 of the Plan. 

Section 3.11 Post-Retirement Benefit Adjustments. The following voluntary benefit 

improvements have been adopted: 

(a) Effective May 1, 1999, each Retiree ( regardless of work classification) and 

Surviving Spouse, who has an effective retirement date of May 1, 1999, or 

earlier, and has met the eligibility requirements for health insurance coverage as 

of July 1, 2000, from one of the following affiliated health insurance programs: 

MRCC Employee Benefits Fund (formerly Detroit Carpenters Health and Welfare 

Fund), Detroit Millmens' Health and Welfare Fund or the Millwrights Local 1102 

Health and Welfare Fund, shall receive a $100 increase in his or her monthly 

benefit, provided said Retiree or Surviving Spouse had continuity of coverage in 

said health insurance program prior to July 1, 2000. Effective January 1, 201 O 

the aforementioned voluntary benefit increase is eliminated, and affected 

Retirees and Surviving Spouses' monthly benefit will be decreased by the 

amount of the increase. 

(b) Effective June 1, 2001, each Retiree (regardless of work classification) and 

Surviving Spouse, who has an effective retirement date of June 1, 2001, or 

earlier, and has met the eligibility requirements for health insurance coverage as 

of July 1, 2001, from one of the following affiliated health insurance programs: 

MRCC Employee Benefits Fund, Detroit Millmens' Health and Welfare Fund or 

the Millwrights Local 1102 Health and Welfare Fund, shall receive a $100 

increase in his or her monthly benefit, provided said Retiree or Surviving Spouse 

had continuity of coverage in said health insurance program prior to July 1, 2001. 

Effective January 1, 2010 the aforementioned voluntary benefit increase is 

eliminated, and affected Retirees and Surviving Spouses' monthly benefit will be 

decreased by the amount of the increase. 

(c) Effective May 1, 2000, each Retiree (regardless of work classification) and 

Surviving Spouse, who has an effective retirement date of May 1, 2000, or 

earlier, and has met the eligibility requirements for health insurance coverage as 

of May 1, 2000, from one of the following affiliated health insurance programs: 

MRCC Employee Benefits Fund (formerly Detroit Carpenters Health and Welfare 

Fund), Detroit Millmens' Health and Welfare Fund or the Millwrights Local 1102 

Health and Welfare Fund, shall receive a $100 increase in his or her monthly 

benefit. Effective on January 1, 2010, the aforementioned voluntary postretirement benefit increase is eliminated and the monthly benefit of the Retiree or 

Surviving Spouse will be decreased by the amount of the increase. 

( d) Retirees and spouses receiving benefits as of December 31, 1996 received 

increases in monthly benefits based on the retiree's years of credited service, as 

follows: 

Years of Credited Service 

0-9 

10-19 

20-29 

30 + 

Increase in Monthly Benefit 

$ 50.00 

$100.00 

$125.00 

$150.00 

Effective on January 1, 2010, this voluntary post-retirement increase is 

27 
CPTF-DV000283

eliminated and the monthly benefit of the Retiree or Surviving Spouse will be 

decreased by the appropriate amount of the post-retirement increase. 

Section 3.12 Compensation. Effective July 1, 2007, compensation shall mean wages, within 

the meaning of §3401 (a), and all other payments of compensation to an Employee by the 

Employer (in the course of the Employer's trade or business) for which the Employer is required 

to furnish the Employee a written statement under §§6041(d), 6051{a}(3), and 6052. 

Compensation must be determined without regard to any rules under §3401 (a} that limit the 

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

services performed (such as the exception for agricultural labor in §3401 (a}(2)). For purposes of 

the limitations of this section, "compensation" shall mean all compensation of the Participant 

from the Employer for the Limitation Year. The annual compensation of each participant taken 

into account in determining allocations for any plan year beginning after December 31, 2001, 

shall not exceed $200,000, as adjusted for cost-of-living increases in accordance with section 

401(a)(17)(B) of the Code. "Annual compensation" means compensation during the plan year 

or such other consecutive 12-month period over which compensation is otherwise determined 

under the plan (the determination period). The cost-of-living adjustment in effect for a calendar 

year applies to annual compensation for the determination period that begins with or within such 

calendar year. For purposes of this section the definition of compensation includes (for limitation 

years beginning after December 31, 1997} any elective deferral under I RC Sections 402(g)(3), 

125, 457(b) and effective for plan years beginning on and after the earlier of 1) January 1, 2001 

or 2) the first day of the first plan year for which these sections of the plan were operated in 

accordance with the Community Renewal Tax Relief Act of 2000 (CRA) amendment of IRC 

415(c)(3) but in no case earlier than the first day of the first plan year beginning on or after 

January 1, 1998, compensation shall include elective amounts that are not includible in the 

gross income of the employee by reason of IRC 132(f){4). 

If paid by the later of 2 1⁄2 months after severance from employment or the end of the limitation 

year that includes the date of severance from employment, the following will be considered 

compensation: 

(a) The payment is regular compensation for services during the employee's regular 

work hours, or compensation for services outside regular working hours (such as 

overtime or shift differential), commissions, bonuses, or other similar payments 

that would have been paid to the employee prior to a severance from 

employment. 

(b} Payment for unused accrued bona fide sick, vacation, or other leave, but only if 

the employee would have been able to use the leave if employment had 

continued. 

(c) Received by an employee pursuant to a nonqualified unfunded deferred 

compensation plan, but only if the payment would have been paid to the 

employee at the same time if the employee had continued in employment with 

the employer, and only to the extent the payment is includible in the employee's 

gross income. 

ARTICLE IV 

EARLY RETIREMENT BENEFITS 

Section 4.1 Eligibility for Early Retirement. Effective August 1, 2013, the Plan will not 

provide unreduced early retirement benefits before the Active Participant reaches age 62. An 

Active Participant shall be eligible to receive early retirement benefits upon satisfying any of the 

28 
CPTF-DV000284

following requirements: 

(a) Unreduced Early {Age 62). When the Active Participant has three or more 

Years of Vesting or Credited Service and has reached the age of 62, but not the 

age of 65, he will be eligible for unreduced early retirement benefits, in an 

amount determined in accordance with Section 4.2. hereof. 

(b) Reduced Early (Age 55) Retirement Benefits. 

(i) Retirements On or After August 1, 2013. For retirements on or after 

August 1, 2013, when the Active Participant has accrued 1 O or more 

Years of Credited Service and has reached the age of 55, but not the age 

of 62, the Active Participant is entitled to a reduced early retirement 

benefit in an amount determined in accordance with Section 4.2 hereof. 

(ii) Reduced Early (Age 55) Retirement Benefits For Retirements Prior to 

August 1, 2013. When the Active Participant has accrued 10 or more 

Years of Credited Service and has reached the age of 55, but not the age 

of 62, or has not met the index 80 or 85 requirements then in effect, the 

Active Participant is entitled to a reduced early retirement benefit in an 

amount determined in accordance with Section 4.2 hereof. 

(c) Unreduced Early Retirement Benefits for Retirements Prior to August 1, 

2013. Active Participants who have met one of the following "index" options 

available prior to August 1, 2013, are eligible to retire prior to that date, with an 

unreduced early retirement benefit, determined as follows: 

(i) Index 80. When the sum of the Active Participant's age at retirement and 

accrued Years of Credited Service (based on Hours of Service which do 

not include any Non-Covered Service, as defined in Section 2.2 and 2.3), 

totals at least 80 "points", the Active Participant will be entitled to an 

unreduced early retirement benefit. This provision only applies to 

Participants that became Active Participants before May 1, 2007, and 

either retired before April 30, 2010, or had accrued at least 76 points as of 

May 1, 2010, and retired prior to August 1, 2013. 

(ii) Index 85 

A. First Participating Before May 1, 2007. Effective May 1, 2010, for 

those who were Active Participants for the first time before May 1, 

2007, when the sum of the Active Participant's age at retirement 

and his/her accrued Years of Credited Service (based on Hours of 

Service which do not include any Non-Covered Service, as 

defined in Section 2.2 and 2.3), totals at least 85, the Participant 

will be entitled to an unreduced early retirement benefit, if he 

retired before August 1, 2013. 

B. First Participating After May 1, 2007. For those who become an 

Active Participant for the first time after May 1, 2007, when the 

sum of the Active Participant's age at retirement and his/her 

accrued Years of Credited Service (based on Hours of Service 

which do not include any Non-Covered Service, as defined in 

Section 2.2 and 2.3), totals at least 85, and the Participant has 

29 
CPTF-DV000285

reached age 55 the Participant will be entitled to an unreduced 

early retirement benefit if he retired before August 1, 2013. 

In addition to the foregoing requirements, the Active Participant must have completely 

withdrawn from Covered Employment and completed all necessary forms in connection with the 

early retirement in order to be deemed eligible for same. 

Section 4.2 Amount of Early Retirement Benefits. The amount of the early retirement benefit 

shall be determined in the same manner as the amount of the normal retirement benefit in 

Section 3.2, except that it shall be reduced to the applicable vested percentage, pursuant to 

Section 7.1. and by the applicable reduction factors described herein, unless the Active 

Participant meets the requirements for one of the unreduced early retirement benefits described 

in Section 4.1. 

(a) 

(b) 

(c) 

Early Retirements Prior to September 1, 2008. The benefit amounts of Early 

Retirees who retired prior to September 1, 2008, shall be determined in 

accordance with the Plan provisions in effect at the time of their retirement or 

Break in Service. 

Early Retirement On or After September 1, 2008, But Before August 11 2013. 

Effective August 1, 2013, Early Retirees who retired under an Index 80 or Index 

85 provision and entered pay status on or after September 1, 2008 (including 

their surviving Spouses or Beneficiaries, will have their early retirement benefit 

amount recalculated as if the applicable reduction factors described in 

Subsection (c) below, had always been in effect. However, the early retirement 

reduction used in such recalculation shall not exceed 5%. Any Retiree, surviving 

Spouse or Beneficiary described in this Subsection shall begin receiving the 

reduced benefit described herein effective with the August 2013 payment. No 

repayment or recoupment related to payments received prior to August 1, 2013, 

shall be required or allowed. Early Retirees whose early retirement benefits were 

already reduced because they did not meet the applicable Index 80 or Index 85 

provisions, shall not be reduced further under this section. 

Early Retirements On or After August 1, 2013. The early retirement benefits 

of Active Participants who retire on or after August 1, 2013, prior to reaching age 

62, but after reaching age 55, will be subject to one of the following reduction 

factors {but not both), depending on the eligibility criteria satisfied by such 

individual at the time of his retirement: 

(i) Index 80/85 Qualification. Participants who retire on or after August 1, 

2013 who meet either of the Index 85 requirements under Section 

4.1 (b)(ii), or the prior Index 80 requirements under Section 4.1 {b)(i), will 

have their early retirement benefit reduced by 1 /3 of 1 % per month for 

each month that their age at retirement is under age 62. 

(ii) Not Qualified for Index 80/85. Participants who retire on or after August 

1, 2013 without having met one of the Index 85, or the prior Index 80 

requirements of Section 4.1 (b) at the time of their retirement, will have 

their early retirement benefit reduced by 5/9% per each month that their 

age at retirement is under age 62. 

(iii) Grandfather Provision. If an Active Participant can meet the 

requirements of Index 80 under Section 4.1 (c)(i) or one of the Index 85 

30 
CPTF-DV000286

requirements under Section 4.1 (c)(ii), before August 1, 2015, then the 

amount of the reductions applicable under the provisions of this 

Subsection (c) shall not exceed a total of 5%. 

Section 4.3 Commencement of Early Retirement Benefits. An Active Participant who 

applies for early retirement benefits in a form satisfactory to the Trustees shall be entitled to 

either: 

(a} Begin receiving benefits as of the first day of the month following receipt of his 

application by the Trustees based upon which he is found to have retired and to 

have met the eligibility requirements of this Article, or as of the first day of any 

month between such day and his 65th birthday, as he may elect; or 

(b) Begin receiving deferred retirement benefits to commence as of the first day of 

the month next following his 65th birthday or, should the Active Participant, after 

electing to defer the commencement of receipt of retirement benefits, have 

returned to work and be working on his 65th birthday, the date he re-applies for 

commencement of his benefits, whichever is later. 

If an Active Participant eligible to receive early retirement benefits elects not to have payment 

commence as of the earliest date permitted under this Article, the Active Participant must file a 

written request with the Trustees stating the date he wishes to have benefits commence, which 

date must be later than the date the request is filed. 

Section 4.4 Form. Early retirement benefits shall be payable monthly, in the same forms as 

normal retirement benefits, as described in Section 3.4, subject to the same notice and waiver 

requirements. 

Section 4.5 Suspension of Benefits. Notwithstanding any other provision of this Plan, the 

payment of monthly retirement benefits to an Early Retiree under age 62 who would otherwise 

be eligible to receive such retirement benefits shall be suspended, in accordance with the 

provisions of Section 3. 7, if the Early Retiree returns to or continues in Restricted Work as 

described therein, following such retirement. No monthly retirement benefit shall be paid to any 

such Early Retiree during any calendar month during which such individual accrues any Hours 

of Service in Restricted Work. Once such Early Retiree reaches the age of 62, the provisions of 

the Normal Retirement suspension of benefits (Section 3.7) shall apply. 

Section 4.6 Reemployment If an early Retiree is credited with Hours of Service as a result of 

work performed after his retirement, he shall receive an increased monthly benefit based upon 

those additional contributions resulting from such Hours of Service, effective the following May 

1. Monthly benefits shall be increased effective each May 1 thereafter based upon the 

contributions, if any, with which he was credited during the immediately preceding calendar 

year. Each such increase in monthly benefits payable shall be calculated in the same benefit 

form in which the Retiree's monthly benefit is being paid, using the benefit rate in effect on the 

May 1 as of which each increase is effective. 

ARTICLEV 

DISABILITY BENEFITS 

Section 5.1 Eligibility. The disability benefit eligibility requirements of this Section shall be 

applicable on the earlier of: (i) August 1, 2013, unless the application of such effective date is 

invalidated by a court or governmental agency with competent jurisdiction; or (ii) on December 

1, 2014. A totally and permanently disabled Active Participant is one who is found by the 

31 
CPTF-DV000287

Trustees, on the basis of medical evidence satisfactory to them, to have a physical or mental 

condition that is likely to be permanent and continuous during the remainder of his or her life, 

and which has rendered the Active Participant totally unable to perform any gainful employment 

for remuneration (other than any work the Trustees find to be rehabilitative in nature). For 

purposes of the foregoing, the receipt of any nominal remuneration permitted by the Social 

Security Administration for individuals receiving disability benefits therefrom, will also be 

permitted hereunder and will not result in the termination of disability benefits, provided same 

does not otherwise violate the 40 hour per month provision of the suspension of benefit rules of 

Section 3.7. Proof of entitlement to Social Security benefits shall be sufficient proof of total and 

permanent disability hereunder. A totally and permanently disabled Active Participant who 

applies for disability benefits in a form satisfactory to the Trustees shall be entitled to begin 

receiving benefits as of the first day of the first month following receipt of his application by the 

Trustees or, if earlier, his Social Security disability entitlement date, provided all of the 

conditions of Subsections (a) through (d) hereof are met The disability benefit shall not be 

deemed an Accrued Benefit, subject to the Plan's vesting provisions, or in any way be deemed 

a pension benefit, but rather treated at all times as a welfare benefit that converts to a pension 

benefit in accordance with Section 5.2(a)(iv) or 5.2(c) hereof.: 

(a) Service. That the Active Participant shall have accrued the necessary Years of 

Credited Service in order to be eligible for regular disability benefits described in 

Section 5.2(a) and (b), or if such Active Participant has accrued less than five 

Years of Credited Service, he shall only be eligible for the lump-sum disability 

benefits described in Section 5.2(b) hereunder; and 

(b) Age. That the Active Participant shall not have reached his 62nd birthday, except 

as herein provided; and 

(c) Cause. That the Active Participant's disability is not the result of an intentionally 

self-inflicted injury, or a felonious enterprise in which the Active Participant 

engaged, or of an event or occurrence which entitles the Active Participant to 

receive Worker's Compensation benefits as a result of non-Covered 

Employment; and 

(d) Social Security Disability Award. An Active Participant who enteres disability 

benefit pay status on or after September 1, 2008, must obtain a Social Security 

Disability award in order to be eligible for disability benefits hereunder. 

Previously, Active Participants who commenced received their disability benefits 

on or after September 1, 2008, were allowed until July 31, 2014, to obtain a 

Social Security Disability award, which "grandfathered window'' provision is 

hereby eliminated, provided the December 1, 2014, effective date is utilized for 

this Section. 

Section 5.2 Amount of Disability Benefits. The disability benefit calculation provisions of this 

Section shall be applicable on the earlier of: (i) August 1, 2013, unless the application of such 

effective date is invalidated by a court or governmental agency with competent jurisdiction; or (ii) 

on December 1, 2014. The monthly disability benefit payable under this Plan shall be the 

amount determined in accordance with the following provisions: 

(a) Regular Disability Benefits. The amount of the regular disability benefit shall 

depend on the number of Years of Credited Service accrued by the eligible 

Active Participant prior to the date of the disability, in accordance with the 

following: 

(i) Seven or More Years of Credited Service. For an Active Participant 

32 
CPTF-DV000288

(ii) 

(iii) 

(iv) 

with seven or more Years of Credited Service, the amount of the monthly 

disability benefit shall be the greater of $260 or 75% of his Accrued 

Benefit on the date of his becoming eligible for the disability benefit; 

Five or More Years But Less Than Seven Years of Credited Service. 

For an Active Participant with five or more, but fewer than seven, Years of 

Credited Service, the amount of the monthly disability benefit shall be 

calculated by multiplying the greater of $260 or 75% of his Accrued 

Benefit by the applicable percentage of such benefit in which he is 

vested, in accordance with Section 7.1. 

Less Than Five Years of Credited Service. Active Participants with 

less than five Years of Credited Service shall only be eligible for the lump 

sum disability benefit described in Section 5.2 (b), when payable. 

Cap on Disability Benefits. The following cap on disability benefits shall 

be applicable to all disability benefits paid on of after the earlier of: (i) 

August 1, 2013, unless the application of such effective date is invalidated 

by a court or governmental agency with competent jurisdiction; or (ii) on 

December 1, 2014. Notwithstanding the foregoing, benefits for disabled 

Participants who entered pay status on or after September 1, 2008 will be 

capped, according to the following schedule: 

Credit Years Cap on Monthly Benefit 

5-9 $525 

10-15 $625 

16-19 $725 

20-24 $1,050 

25+ $1,350 

Disability benefits shall be convertible to either reduced or unreduced 

Early Retirement benefits (whichever are applicable), upon the eligible 

Participant's reaching the appropriate age, but not later than age 62. The 

appropriate Early Retirement rules will be applied to such Participant 

based on the date of such conversion and not as of the Disability Date. 

(b) Lump-Sum Disability Benefits. An Active Participant who has accrued less 

than five Years of Credited Service but who would otherwise be eligible to 

receive a disability benefit pursuant to Section 5.1 shall, upon application in a 

form satisfactory to the Trustees, be entitled to receive, when permitted by law, a 

lump sum disability benefit equal to the greater of: 

(c) 

(i) The Actuarial Equivalent of the eligible Participant's vested Accrued 

Benefit, based on his age and vesting status at the time of the 

commencement of his disability; or 

(ii) 100% of the aggregate Employer contributions received on such 

Participant's behalf prior to the date of disability, multiplied by the 

percentage of such benefits in which the eligible Participant is vested, but 

not to exceed $1,000.00. 

Conversion Amount. When an Active Participant receiving a monthly disability 

benefit hereunder reaches age 62 (up to age 65 if receiving workers 

compensation benefits), his benefit amount shall be converted to an early or 

33 
CPTF-DV000289

normal retirement benefit, equal to the greater of: 

(i) the disability benefit payable to him in the month prior to the conversion; 

or 

(ii) his Accrued Benefit calculated in the single life annuity form, subject to 

any actuarial and vesting adjustments, imposed by the Plan. 

If the lump sum disability benefit payable under this Subsection is greater than $5,000, benefits 

shall not be paid unless the Spouse of the Active Participant consents, in accordance with 

Section 3.5(b). 

(d) Applicable only to Plan Years beginning after August 5, 1997 and subject to the 

date the Plan first complied, or will comply with this provision in operation, if the 

amount of the Participant's lump sum disability benefit is less than $5,000.00, on 

the date of his/her eligibility for distributions hereof, his/her entire benefit may be 

distributed, in a lump sum (when payable) or any other form provided herein, 

without a Qualified Election. The "lookback rule" formerly described in IRC Reg. 

1.411 (a)-11 (c)(3) applies under the plan until October 17, 2000, when it is 

eliminated. If the present value of the non-forfeitable accrued benefit determined 

at the time of a distribution to a Participant exceeds $3,500 ($5,000 on or after 

August 6, 1997), then the present value at any subsequent time is deemed to 

exceed $3,500 ($5,000 on or after August 6, 1997). 

Section 5.3 Evidence. The Trustees may require any Active Participant who has made 

application for or is receiving disability benefits to be examined by a physician or a clinic chosen 

by the Trustees, or to submit such evidence of continuing disability as the Trustees may 

request. 

Section 5.4 Termination. Disability benefits shall be automatically terminated: 

(a) If the Active Participant engages in employment in the construction industry, 

including any employment in a field supervisory capacity if such work is 

performed on the jobsite, where Covered Employees normally work. Supervisory 

work performed at the Employer's home office (including estimating work not 

performed on the jobsite) will not be considered suspendible employment 

hereunder. Additionally, any employment that requires any work with the tools of 

that industry (except for rehabilitation work as determined by the Trustees), 

which is inconsistent with the finding of total and permanent disability; or 

(b) If the Trustees determine on the basis of medical findings that the Active 

Participant is able to pursue employment in the construction industry, other than 

supervisory work that does not require any work with the tools of that industry ,or 

(c) If the Active Participant refuses or fails to undergo a medical examination or to 

submit evidence of continuing disability when requested by the Trustees; or 

(d) If the Active Participant, having become employed in an effort at rehabilitation as 

allowed under paragraph (b) hereof, fails to provide satisfactory evidence of 

sources and amounts of income when requested by the Trustees. 

Any Active Participant who, having received disability benefits while gainfully employed in the 

construction industry, other than supervisory work that does not require any work with the tools 

34 
CPTF-DV000290

of that industry and excluding rehabilitation as determined by the Trustees, shall be held to have 

been ineligible for any benefits received in that year and to be obligated to repay to the Fund a 

sum equal to the disability benefits paid during said year. Except in cases of fraud or intentional 

concealment of a material fact by the Active Participant, the Fund shall recover monies due it as 

a result of such an occurrence only from benefits which subsequently become payable under 

this Pension Plan to the Active Participant, or a Beneficiary claiming through him or her. 

Section 5.5 Duration of Disability Benefits. Unless terminated for a reason set out in 

Section 5.4, the disability benefit shall be payable during continued disability until the Active 

Participant has reached his 62nd birthday, at which time he shall begin receiving a pension 

benefit in the form elected by him, subject to the conditions and restrictions set out in this Plan. 

However, after an Active Participant receiving a disability benefit meets the applicable eligibility 

requirements for an early retirement, he may elect to begin receiving early retirement benefits in 

the form elected by him, subject to the conditions and restrictions set out in this Plan at the time 

of conversion. A disabled Active Participant receiving workers compensation benefits may elect 

to defer the conversion to an early or normal retirement benefit up to age 65. The amount of the 

monthly normal or early retirement benefit at such conversion payable shall not be less than the 

monthly disability benefit payable to him for the prior month, subject to the actuarial adjustments 

as set out in this Plan, if not paid in the single life benefit form. No further disability benefit shall 

be payable on or after the date as of which normal or early retirement benefits commence. 

Section 5.6 Coordination with Workers' Compensation Benefits. Disability benefits 

received under this Plan, which are funded by contributions allocated for that purpose by the 

Employee, shall not be coordinated pursuant to Michigan Compiled Laws Annotated (MCLA) 

Section 418.354, as amended, if that provision is found to be applicable to this Plan, with any 

benefits derived from any Employer-sponsored Workers' Disability Compensation plan, to which 

the totally and permanently disabled Participant may be entitled. 

ARTICLE VI 

DEATH BENEFITS 

Section 6.1 Surviving Spouse and Death Benefits. A death benefit will be paid as herein 

provided, upon the death of an Active or Inactive Participant or a Retiree after the completion of 

the appropriate application in a form satisfactory to the Trustees, accompanied by proper proof 

of death. 

Section 6.2 Amount of Active Participant's Death Benefit. The amount and form of 

payment of death benefit due a Beneficiary of a non-retired Active Participant, shall be 

determined by the marital status of the Active Participant and the number of Years of Service 

accrued prior to the date of death, in accordance with the following: 

(a) Single Active Participant. The Beneficiary of an unmarried, non-retired Active 

Participant, regardless of whether he was yet eligible for any retirement benefits 

at the time of death, shall receive a lump sum death benefit equal to the amount 

determined, as follows: 

(i) Vested Active Participant. The lump-sum death benefit amount due a 

Beneficiary of a Participant that was at least partially vested in his 

Accrued Benefit shall be the greater of (A) the Actuarial Equivalent of his 

Accrued Benefit in which he was vested prior to the date of the death; or 

(B) 100% of the aggregate Employer contributions received on such 

Participant's behalf, adjusted for the Participant's vested status, for 

deaths occurring before August 1, 2013. 

35 
CPTF-DV000291

(ii) Non-Vested Active Participant. The lump-sum death benefit amount 

due a Beneficiary of a Participant that was not vested in any part of his 

Accrued Benefit shall be 100% of the aggregate Employer contributions 

received on such Participant's behalf, not to exceed $1,000.00, for deaths 

occurring before August 1, 2013. 

(iii) Termination of death benefit. The foregoing notwithstanding, effective 

August 1, 2013, no death benefits of any kind will be payable to 

unmarried Active Participants who die prior to retirement or upon 

expiration of any annuity retirement benefit chosen by such Participant. 

However, the beneficiary of any unmarried Active Participant that has not 

retired and died on or after September 1, 2008, but before September 1, 

2013, will have any pending lump sum benefits paid only after the 

Pension Fund is no longer in "critical status" under applicable laws. 

(b) Married Active Participant Prior to Retirement. Upon the death of a married, 

non-retired Active Participant who was not eligible for any retirement benefits at 

the time of his death, his Spouse shall be eligible for the following death benefits: 

(i) Vested Participant. If the Participant was vested in any part of his 

Accrued Benefit, and died before August 1, 2013, his Spouse shall be 

eligible to elect either (A) a lump sum death benefit calculated in 

accordance with Section 6.2(a)(i)(B), or (B) a pre-retirement survivor 

annuity equal to 100% of the benefit the Participant would have received 

if he had survived to his earliest retirement age and retired with 100% 

joint and survivor annuity. Effective for deaths occurring on or after 

August 1, 2013, the pre-retirement survivor annuity shall be equal to 50% 

of the benefit the Participant would have received if he had survived to his 

earliest retirement age and retired with 50% joint and survivor annuity. 

For the purpose of determining the appropriate early retirement reduction 

in the calculation of the pre-retirement survivor annuity, a Participant who 

was an Active Participant at the time of his death shall be treated as an 

Active Participant at his earliest retirement age and a Participant who was 

an Inactive Participant at the time of his death shall be treated as an 

Inactive Participant at his earliest retirement age. Effective for deaths 

occurring on or after August 1, 2013, no additional pre-retirement death 

benefits will be payable hereunder. The pre-retirement or post retirement 

survivor annuity shall be the sole benefit provided by the Fund. If the 

Spouse dies before receiving the pre-retirement survivor annuity, then her 

beneficiary will receive 100% of the aggregate Employer contributions 

received on such Participant's behalf, adjusted for the Participant's vested 

status and subject to any lump sum payment restrictions. 

(ii) Non-Vested Participant If the Participant was not vested in any part of 

his Accrued Benefit, and dies before August 1, 2013, his Spouse shall be 

eligible for a lump sum death benefit calculated in accordance with 

Section 6.2(a)(ii). Effective August 1, 2013, no lump sum death benefits 

of any kind will be payable to a beneficiary of such Participant who dies 

prior to retirement. The foregoing notwithstanding, the beneficiary of any 

married, non-retired, non-vested Participant that died on or after 

September 1, 2008, but before September 1, 2013, will have any pending 

36 
CPTF-DV000292

lump sum benefits paid only after the Pension Fund is no longer in 

"critical status" under applicable laws. 

(c) Married Non-Retired Participants After Eligibility for Retirement. The 

Spouse of a married non-retired Participant who was eligible for any retirement 

benefits at the time of his death, shall be eligible to receive a pre-retirement 

survivor annuity equal to 100% of the benefit the Participant would have received 

if he had retired with 100% joint and survivor annuity on the day before his death. 

Effective for deaths occurring on or after August 1, 2013, the pre-retirement 

survivor annuity shall be equal to 50% of the benefit the Participant would have 

received if he had retired with 50% joint and survivor annuity on the day before 

his death. For the purpose of determining the appropriate early retirement 

reduction in the calculation of the pre-retirement survivor annuity, a Participant 

who was an Active Participant at the time of his death shall be treated as an 

Active Participant and a Participant who was an Inactive Participant at the time of 

his death shall be treaded as an Inactive Participant. 

Section 6.3 Amount of Inactive or Terminated Participant's Death Benefit. Except as 

provided in Section 2.5 (a)(ii), no death benefits are payable to a Beneficiary of a deceased 

Inactive or Terminated Participant who is not at least partially vested. The Spouse or other 

Beneficiary of an Inactive Participant who is partially or fully vested prior to his death shall be 

eligible to receive the same death benefits as a Beneficiary of a deceased Vested Deferred 

Participant described in Section 6.4. 

Section 6.4 Amount of Vested Deferred Participant's Death Benefit. The Spouse or other 

Beneficiary of a deceased Vested Deferred Participant shall be eligible for the same death 

benefits as a Beneficiary of an Active Participant, described in Section 6.2, depending on the 

Vested Deferred Participant's marital status on the date of his death, and the benefit rate(s) 

applicable to such Participant, which amount is then reduced to take into account the 

percentage of such benefit in which the Vested Deferred Participant was vested at the time of 

his death. 

Section 6.5 Amount of Retiree's Death Benefit. The amount of the death benefit payable to a 

Spouse or other Beneficiary of a Retiree shall be determined by the form of retirement benefit 

selected by such Retiree, in accordance with the following: 

(a) Single life Benefit. The Beneficiary of a Retiree who was receiving a single life 

retirement benefit shall be eligible to receive a lump sum death benefit if any, 

determined by subtracting the total of all single life retirement benefits paid during 

the Retiree's lifetime from the lump sum death benefit that would have been paid 

at the time of the Retiree's death if he was not married and not yet eligible for 

retirement benefits, as determined in accordance with Section 6.2(a). Effective 

for deaths occurring on or after August 1, 2013, no death benefit will be payable 

following the termination of such single life benefit annuity. 

(b) Joint and Survivor Annuity Benefit. 

(i) The Spouse or other Beneficiary of a Retiree who was receiving a 50%, 

75%, 100% or a life-ten year certain survivor annuity benefit, shall receive 

the remainder of such annuity, as provided in Section 3.4. 

(ii) Prior to August 1, 2013, if the amount of the 50%, 75% or 100% survivor 

annuity benefits paid to both the Participant and the Spouse, at the time 

37 
CPTF-DV000293

(c) 

of her death does not exceed the amount of the lump sum death benefit, 

determined in accordance with Section 6.2(b), then the difference will be 

paid in lump sum to the Spouse's estate. In the case of the life-ten year 

certain survivor benefit, the Actuarial Equivalent of the remainder will be 

paid in lump sum to the estate of the Beneficiary. If the designated 

Beneficiary does not survive the Participant, such survivor benefit will be 

paid to the Participant's estate. Effective for deaths occurring on or after 

August 1, 2013, no death benefit will be payable following the termination 

of the appropriate joint and survivor benefit annuity. 

Method of Distribution. If the Participant dies before distributions commence: 

(i) any remaining portion of the Participant's interest that is not payable to a 

beneficiary designated by the Participant will be distributed within five 

years after the Participant's death; and 

(ii) any portion of the Participant's interest that is payable to a beneficiary 

designated by the Participant will be distributed either 

(1) within five years after the Participant's death, or 

(2) over the life of the beneficiary or over a period certain not 

extending beyond the life expectancy of the beneficiary, 

commencing not later than the end of the calendar year following 

the calendar year in which the participant died (or, if the 

designated beneficiary is the participant's surviving spouse, 

commencing not later than the end of the calendar year following 

the calendar year in which the Participant would have attained age 

70 1/2). 

Section 6.6 Pre-retirement Survivor Annuity Notice. In the case of a qualified pre-retirement 

survivor annuity, the Trustees shall, to the extent required by law, provide each Participant no 

later than the period beginning on the first day of the Plan Year in which the Participant attains 

age 32 and ending with the period ending on the close of the Plan Year preceding the Plan Year 

in which the Participant attains age 35, or the close of the second Plan Year following the 

Participant's Entry Date, whichever is later, a written explanation of the pre-retirement survivor 

annuity which meets the requirements for joint and survivor annuities, set forth in Section 3.5(d). 

Waivers of pre-retirement survivor annuity shall comply with the Qualified Waiver of joint and 

survivor annuity requirements set forth in Section 3.5(b). 

Section 6.7 Internment Benefit. Any lump sum death benefits payable to a non-Spouse 

Beneficiary of a deceased Participant or Retiree under this Article shall be subject to the 

following internment benefit provisions: 

(a) Claim for Internment Costs. Any person (including any organization) who has 

paid or incurred the expense of internment of the deceased eligible Participant or 

Retiree, shall receive the lesser of: 

(b) 

(i) The lump sum death benefit payable under this Article; or 

(ii) the actual expenses of internment, not to exceed $1,000.00. 

Balance of Benefit. The balance of the benefit due, if any, of the lump sum 

38 
CPTF-DV000294

death benefit payable hereunder, shall be paid to the deceased Participant's or 

Retiree's Beneficiary. 

Section 6.8 Absence of Beneficiary. In the event an eligible Participant or a Retiree dies and 

the Trustees find that no person or persons qualify as Beneficiary pursuant to the terms of this 

Plan, then no death benefit shall be payable to anyone, with any benefits that would have been 

due reverting back to the Pension Fund. 

Section 6.9. Payment. All benefit distributions hereunder shall be made in accordance with 

IRC Section 401 (a)(9) and IRS Reg. 1.401 (a)(9) - (2), including the incidental death benefit 

provisions of IRS Reg. 1.401 (a)(9)(G), which are incorporated herein by reference. 

ARTICLE VII 

VESTED DEFERRED BENEFITS 

Section 7.1 Vesting. Any Participant who becomes inactive prior to reaching his Normal 

Retirement Age, shall be vested in his Accrued Benefit, based on the benefit rates in effect at 

the time such Participant becomes inactive, in accordance with the following vesting provisions: 

Years of Vesting Service Percent Vested 

1 0% 

2 0% 

3 20% 

4 40% 

5 60% 

6 80% 

7 100% 

Any Participant that satisfies the applicable age requirements for a normal retirement benefit 

shall automatically become 100% vested in his Accrued Benefit, regardless of the number of 

Years of Vesting Service then accrued. 

Section 7.2 Amount of Vested Deferred Benefit. A partially or fully vested Inactive or 

Vested Deferred Participant who is no longer accruing Hours of Service and who applies in a 

form satisfactory to the Trustees for vested deferred benefits shall be eligible to receive either a 

lump sum (when permitted) or a regular vested deferred retirement benefit, depending on the 

amount of his vested Accrued Benefit, determined as follows: 

(a) Accrued Benefit Less Than $5,000. If the lump sum Actuarial Equivalent of the 

Accrued Benefit in which the Inactive or Vested Deferred Participant is vested is 

less than $5,000, such benefit shall be paid in a lump sum when permitted. 

Receipt and acceptance of such a lump sum payment by an Inactive or Vested 

Deferred Participant shall terminate his participation in the Plan. Such lump sum 

benefits will become payable on the first day of the Plan Year following the Plan 

Year in which the eligible Participant became an Inactive Participant. Applicable 

only to Plan Years beginning after August 5, 1997 and subject to the date the 

Plan first complied, or will comply with this provision in operation, if the fair39 
CPTF-DV000295

(b) 

market value of the Participant's lump sum disability benefit is less than 

$5,000.00, on the date of his/her eligibility for distributions hereof, his/her entire 

benefit may be distributed, in a lump sum or any other form provided herein, 

without a Qualified Election. The "lookback rule" formerly described in IRC Reg. 

1.411(a)-11(c)(3) applies under the plan until October 17, 2000, when it is 

eliminated. If the present value of the non-forfeitable accrued benefit determined 

at the time of a distribution to a Participant exceeds $3,500 ($5,000 on or after 

August 6, 1997), then the present value at any subsequent time is deemed to 

exceed $3,500 ($5,000 on or after August 6, 1997). 

Accrued Benefit of $5,000 or More. If the lump sum Actuarial Equivalent of the 

Accrued Benefit in which the Inactive or Deferred Vested Participant is vested is 

$5,000 or more, he shall be entitled to the following retirement benefits: 

(i) Normal Retirement. To receive a normal monthly retirement benefit to 

begin as of the first day of the month following the eligible Participant's 

65th birthday, which benefit shall be governed by the provisions 

applicable to normal retirement benefits, set out in Article 111, with the 

amount of the Accrued Benefit determined on the basis of benefit rate(s) 

applicable to such Participant at the time of becoming inactive, reduced 

as necessary to take into account the portion of such benefit in which the 

eligible Participant is vested; or 

(ii) Early Retirement Prior to September 1, 2008. The benefit amounts of 

Vested Deferred Participants who retired early prior to September 1, 

2008, shall be determined in accordance with the Plan provisions in effect 

at the time of their retirement or Break in Service. 

(iii) Early Retirement On or After September 1, 2008, But Before August 

11 2013. Effective August 1, 2013, a Vested Deferred Participant 

(including surviving Spouses or Beneficiaries of Vested Deferred 

Participants) who entered pay status on or after September 1, 2008, but 

before August 1, 2013, and had not attained age 65 at his benefit 

commencement date, who had not cured his Break in Service by accruing 

at least 435 Hours of Service in the two Plan Years immediately prior to 

retiring, shall have his benefit recalculated. Such benefit shall be 

recalculated as if the early retirement benefit payable at benefit 

commencement had been equal to the Normal Retirement Benefit 

reduced at the rate of 5/9% per month for each month that the age of 

such individual at retirement is under age 65. Any retired Deferred 

Vested Participant, surviving Spouse or Beneficiary described in this 

paragraph shall begin receiving the reduced benefit described herein 

effective with the August 2013 payment provided, however, such reduced 

payment shall not be less than 95% of the amount that would have been 

payable absent the recalculation described herein. No repayment or 

recoupment related to payments received prior to August 1, 2013, shall 

be required or allowed. 

(iv) Early Retirement On or After August 11 2013. To receive an early 

monthly retirement benefit on or after the eligible Vested Deferred 

Participant reached his 55th birthday, but before his 65th birthday, which 

benefit shall be governed by the provisions governing early retirement 

benefits set out in Article IV, with the amount of the Accrued Benefit 

40 
CPTF-DV000296

proportionally reduced to take into account the portion of such benefit 

determined on the basis of benefit rate(s) applicable to such Vested 

Deferred Participant, in which the eligible Vested Deferred Participant is 

vested, provided that this option shall only be available to an Inactive or 

Vested Deferred Participant who has accumulated ten Years of Credited 

Service. The early retirement benefit of a Vested Deferred Participant 

who retires prior to age 65 (but after age 55) and has not cured his Break 

in Service by accruing at least 435 Hours of Service in the two Plan Years 

immediately prior to retiring, will be reduced at the rate of 5/9% per month 

for each month that the age of such individual at retirement is under age 

65. 

Section 7.3 Benefit Rates. The amount of the Vested Deferred Benefits payable hereunder 

shall be equal to the vested portion of the Inactive or Vested Deferred Participant's Accrued 

Benefit, calculated in the same manner as the normal or early retirement benefit described in 

Articles Ill and IV, using the rates in effect on the date the Inactive or Vested Deferred 

Participant became an Inactive Participant. 

Section 7 .4 Form of Payment. Vested deferred benefits shall be payable monthly, in the 

same forms as normal retirement benefits, as described in Section 3.4. 

Section 7.5 Suspension of Vested Deferred Retirement Benefits. Notwithstanding any other 

provision of this Plan, the payment of monthly retirement benefits to a Vested Deferred Retiree 

who would otherwise be eligible to receive such retirement benefits, shall be suspended in 

accordance with the provisions of Section 3. 7, if the Vested Deferred Retiree returns to or 

continues in Restricted Work, after such retirement. No monthly retirement benefit shall be paid 

to any such Vested Deferred Retiree during any calendar month during which such individual 

accrues any Hours of Service in Restricted Work. Once such Vested Deferred Retiree reaches 

the age of 65, the provisions of the Normal Retirement suspension of benefits (Section 3. 7) shall 

apply. 

ARTICLE VIII 

ADMINISTRATION 

Section 8.1 Trustees. The Plan shall be administered solely by the Trustees and employees 

or agents of the Trustees, acting for them as authorized. The Trustees, or those acting on their 

behalf, shall have the fullest possible discretionary authority in all aspects of the administration 

of the Pension Trust Fund, as more particularly described in Section 8.13 hereof and the Trust 

Agreement. The decisions of the Trustees in all matters pertaining to the administration of the 

Plan shall be final. The Trustees shall make such rules and prescribe such procedures for the 

administration of the Plan as they shall deem necessary and reasonable, which shall be 

deemed as an exercise of the aforesaid discretionary authority. 

Section 8.2 Limitation of Rights. No Employee, Participant, Retiree, Surviving Spouse, 

Beneficiary, alternate payee or any other person claiming by or through any such person shall 

have any right, interest or title to any benefits under the Trust Agreement, the Plan, or the Fund, 

except as such right, interest or title shall have been specifically granted pursuant to the terms 

of the Plan. 

Section 8.3 Records. The Trustees shall have the right to require, as a condition precedent to 

the payment of any benefit under the Plan, all information which they reasonably deem 

necessary, including records of employment, proof of dates of birth and death, marital status, 

etc., and no benefit dependent in any way upon such information shall be payable unless and 

41 
CPTF-DV000297

until such information so required shall be furnished. Such evidence shall be furnished by the 

Union, Employers, Employees, Participants, Retirees, Surviving Spouses, Beneficiaries and 

alternate payees as applicable. 

Section 8.4 Right to Rely. The Trustees shall, in the absence of contrary evidence presented 

to them, have the right in administering the Plan to rely upon information provided to them by 

the Union, Employer Associations, Employers, Employees, Participants, Retirees, Surviving 

Spouses, Beneficiaries, and/or alternate payees. Neither they nor the Fund shall be held liable 

for good faith reliance thereon. 

Section 8.5 Competence. In the event that the Trustees determine that any Participant, 

Retiree, Surviving Spouses, Beneficiary or alternate payee is mentally or physically unable to 

give a valid receipt for any benefit due him under the Plan, such payment may, unless claim 

shall have been made therefore by a legally appointed guardian, committee or other legal 

representative, be paid to any person or institution then in the judgment of the Trustees 

providing for the care and maintenance of such individual. Any such payment shall be a 

payment for the account of the Participant, Retiree, Surviving Spouse, Beneficiary or alternate 

payee, and shall be a complete discharge of any liability of the Plan or the Trustees to such 

Participant, Retiree, Surviving Spouse or Beneficiary. 

Section 8.6 Small Benefit Payments. The Trustees may make arrangement for the payment 

of small monthly retirement benefits in less frequent payments than for larger amounts. 

Section 8. 7 Employer Contributions. No Employer shall have any right, title or interest in the 

contributions made to the Pension Fund and no part of the Pension Fund shall revert to any 

Employer. Employer contributions automatically become Plan assets at the time they are due and 

owing to the Fund. Title to all Employer contributions paid into and/or due and owing to the Fund 

shall be vested in and remain exclusively in the Board of Trustees of the Fund. The Trustees may 

enforce payment of contributions in any manner including, without limitations, suit for collection in 

any court of competent jurisdiction. 

Section 8.8 Employee Contributions. Contributions by an Employee shall not be permitted 

under the Plan. Sole proprietors and partners of entities that contribute to the Fund shall not be 

deemed Employees for purposes of this Section, when their Employer makes contributions to 

the Fund. 

Section 8.9 Reciprocity. The Trustees may enter into reciprocal agreements such as "prorata" or "money follows the man" with Trustees of other pension funds for the exchange of credit 

and/or contributions for the protection of Employees who may periodically work in other areas 

and the protection of Employees from other areas who may periodically work within the area 

covered by this Fund. This Fund automatically reciprocates contributions with the Michigan 

Carpenters Pension Fund. Such reciprocity contributions will be governed by applicable 

reciprocity agreements and rules and regulations developed by the Trustees, including whether 

all or part of such contributions will be treated as credited hereunder. Pro-rata reciprocity 

cannot be used for index 80 or "index 85" purposes under this Plan. Decisions of the Trustees 

as to the adoption or implementation of any reciprocal agreement shall be final. 

Section 8.1 O Source of Payments. All retirement and death benefits under the Plan shall be 

payable under either a group annuity contract entered into by the Trustees with an insurance 

company or through Employees or agents of the Trustees, acting under their authority. Anything 

in the Plan to the contrary notwithstanding, no benefits shall be payable except those which can 

be provided under the Plan and no person shall have any claim for benefits against the Union, 

any Employer, the Associations or the Trustees. 

42 
CPTF-DV000298

Section 8.11 Anti-alienation. No benefits payable at any time under the Plan shall be subject 

in any manner to alienation, sale, transfer, assignment, pledge, attachment or encumbrance of 

any kind. Any attempt to alienate, sell, transfer, assign, pledge or otherwise encumber any such 

benefit, whether presently or thereafter payable, shall be void. Neither any retirement benefit 

nor the Pension Plan shall, in any manner, be liable for or subject to the debts or liability of any 

person entitled to any retirement benefits. The foregoing to the contrary notwithstanding, any 

valid order of a court which the Trustees determine is a qualified domestic relations order under 

applicable federal law shall act to divert any benefit payable to the Active or Inactive Participant 

named in the order to the alternate payee named in the order to the extent stated in such order 

and allowed by federal law. To the extent permitted by law, such benefits may be assigned by 

the Participant to the Fund, or its designee, in case of any bonafide loan program. 

Section 8.12 Rollovers. Benefits payable as a lump sum to a Participant, Retiree or a 

Surviving Spouse or an alternate payee designated by a qualified domestic relations order are, 

pursuant to Section 401(a)(31) of the IRC, eligible for rollover distributions. At the option of 

each such recipient, all or a portion of the lump sum benefit may be paid as a direct rollover 

subject to the following: 

(a) The benefit is $200 or more; 

(b) If only a portion of the benefit is to be rolled over, that portion is not less than 

$200; 

(c) The benefit, if payable to a Participant or a former Spouse designated as an 

alternate payee by a qualified domestic relations order is rolled over to a qualified 

employer plan which accepts rollovers or to an individual retirement account or 

annuity (IRA); 

(d) The benefit, if payable to a Surviving Spouse, including a former spouse 

designated as a Surviving Spouse by a qualified domestic relations order, is 

rolled over to an individual retirement account or annuity (IRA); 

(e) 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, 

or, on or after January 1, 2008, a Roth IRA described in Section 408A of the 

Code, that accepts the distributee's eligible rollover distribution. However, in the 

case of an eligible rollover distribution to the surviving spouse, an eligible 

retirement plan is an individual retirement account or individual retirement 

annuity. For distributions made 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, political subdivision of a state, or any 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 relation order, as defined in section 414(p) of the Code. 

(f) Eligible Rollover Distribution. An eligible rollover distribution is any 

distribution of all or any portion of the balance to the credit of the 

43 
CPTF-DV000299

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 expectancies) 

of the distributee and the distributee's designated beneficiary, or for a 

specified period of ten years or more; any distribution to the extent such 

distribution is required under section 401 (a)(9) of the Code; and the 

portion of any distribution that is not includible in gross income 

(determined without regard to the exclusion for net unrealized 

appreciation with respect to employer securities). For distributions made 

after December 31, 2001, a portion of a distribution shall not fail to be an 

"eligible rollover distribution" merely because the portion consists of aftertax employee contributions which are not includible in gross income. 

However, such portion may be transferred only to an individual retirement 

account or annuity described in section 408(a) or (b) of the Code, or to a 

qualified defined contribution plan described in section 401 (a) or 403(a) of 

the Code that agrees to separately account for amounts so transferred, 

including separately accounting for the portion of such distribution which 

is includible in gross income and the portion of such distribution which is 

not so includible. 

Effective for the calendar year beginning January 1, 1999, an eligible 

rollover distribution described in IRC Section 402(c)(4), which a 

Participant can elect to rollover to another plan under I RC Section 

401(a)(31); excludes any hardship distribution described in Section 

401 (k)(2)(B)(i)(IV). 

(g) The election to have the benefit rolled over is made in writing on a form 

prescribed and furnished by the Trustees and in accordance with procedures 

adopted by the Trustees. 

(h) Notwithstanding any other provision in this Article, a distributee may also make a 

direct rollover of a distribution to a nonspouse beneficiary who is a designated 

beneficiary within the meaning of IRC § 401 (a)(9)(E), provided that the 

distributed amount satisfies all the requirements to be an eligible rollover 

distribution other than the requirement that the distribution be made to the 

Participant or the Participant's spouse. Such a direct rollover must be made to 

an IRA established on behalf of the designated beneficiary that will be treated as 

an inherited IRA pursuant to the provisions of IRC § 402(c)(11). 

That portion of a lump sum benefit required under the minimum distribution rule of Section 

401 (a)(9) of the IRC is not an eligible rollover distribution. 

Section 8.13 Discretionary Authority. The Trustees shall have the fullest possible 

discretionary authority to administer all aspects of the Pension Fund's operations, including but 

not limited to the exclusive right and discretion to interpret all terms and provisions of the Fund's 

governing documents, which include, but are not limited to this Pension Plan, Trust Agreement, 

Summary Plan Description, Summary of Material Modifications, Funding Improvement Plan, 

Rehabilitation Plan, All Reasonable Measures Plan, or any document, instrument, or record 

used in the administration of the Fund, as well as any amendments or modifications thereof and 

apply same as they deem appropriate. The Trustees' original intent is and continues to be that 

the exercise of such discretionary authority and all Trustee determinations made pursuant 

thereto, whether prospectively or retroactively, shall be entitled to the highest possible 

44 
CPTF-DV000300

deference allowed by law, in case of review by any court or governmental authority of 

competent jurisdiction. Without limiting the foregoing, it is the explicit intent of the Trustees that 

their decisions shall not be subject to de novo review, but shall instead be construed under the 

arbitrary and capricious standard, or any higher standard permitted by applicable law. The 

foregoing clarification of the Trustees' powers shall not be interpreted as a limitation on those 

powers as they existed prior to this restatement or hereafter may be exercised, but as a 

clarification of same and expression of the Trustees' original intent regarding such powers and 

applied retroactively, to the fullest extent possible. Trustee determination shall be final and 

binding on all concerned parties. 

Section 8.14 Participant Benefit Statements. Participants will be provided with a statement of 

benefits at least once each calendar year, or at such other intervals as may be required by 

ERISA § 105(a). 

Section 8.15 Employer Securities. This Plan does not permit investment in any employer 

securities as defined in ERISA § 407(d)(1) and IRS Notice 2006-107, for purposes of IRC § 

401 (a)(35). Pursuant to said provisions, employer securities do not include securities held in 

mutual funds. 

ARTICLE IX 

APPEALS 

Section 9.1 Claim of Review. 

(a) Pension Claims. 

If a claim for benefits (other than a claim for disability benefits) is wholly or 

partially denied, written notice of a decision will be furnished to the claimant 

within 90 days of the receipt of the claim by the Trustees, unless special 

circumstances require an extension of time for processing the claim. If such an 

extension of time for processing is required, written notice of the extension shall 

be furnished to the claimant prior to the end of the initial 90-day period. In no 

event shall any extension exceed 180 days of receipt of the claim by the 

Trustees. 

(b) Disability Claims. 

For purposes of the claims and appeals provisions related to disability benefits 

set forth in Article V, a claim is treated as a "disability claim" if the claims 

adjudicator must make a determination of disability in order to decide a claim. If 

the finding of disability is made by a party other than the Plan or Trustees, for 

purposes other than making a benefit determination under the Plan, the benefit 

will not be treated as a disability benefit for purposes of the Plan's claims and 

appeals provisions. 

If the claim is for disability benefits, written notice of a decision will be furnished 

to the claimant within 45 days of the receipt of the claim by the Trustees, unless 

special circumstances require an extension of time for processing the claim. If 

such an extension of time for processing is required, written notice of the 

extension shall be furnished to the claimant prior to the end of the initial 45-day 

period. If a second extension of time for processing is required, written notice of 

the extension shall be furnished to the claimant prior to the end of the 75-day 

45 
CPTF-DV000301

period after filing the claim. In no event shall any extension regarding disability 

benefits exceed 105 days of receipt of the claim by the Trustees. 

(c) Contents of Extension Notice. Each extension notice given by the Trustees 

shall indicate the special circumstances requiring an extension of time and the 

date by which the Trustees expect to render a final decision. 

(d) Contents of Notice of Claim Denial. Each notice of claim denial given by the 

Trustees shall contain: 

(i) The specific reason(s) for the denial; 

(ii) specific reference to the pertinent Plan provisions on which the denial is 

based; 

(iii) a description of any additional material or information necessary for the 

claimant to perfect the claim, and an explanation of why such material or 

information is necessary; and 

(iv) appropriate information as to the steps to be taken if the claimant wishes 

to submit his claim for review. 

(v) a description of the Plan's claim review procedures, the time limits under 

the procedures and a statement regarding the claimant's right to bring a 

civil action under ERISA 502(a) following an adverse benefit 

determination on appeal; 

(vi) for disability claims, a copy of the internal rule, guideline or protocol that 

was relied upon to make the adverse determination or a statement that 

such rule was relied upon and that a copy of such rule will be provided 

free of charge to the claimant upon request. 

Section 9.2 Appeal Review Procedure. Should a claimant disagree with the Fund's actions 

taken with respect to a claim, the claimant or his duly-authorized representative may, upon 

written application to the Trustees, request a review of the Trustees' actions. In addition, the 

claimant or his duly authorized representative may review pertinent Plan documents and submit 

issues and comments in writing to the Trustees. A claimant must be provided, upon request 

and free of charge, all access to and copies of all documents, records and other information 

relevant to the benefit claim [a document is considered relevant to the claim if it: (i) was relied 

upon in making the benefit determination; (ii) was submitted, considered or generated in the 

course of making the benefit determination, without regard to whether it was relied upon in 

making the decision; (iii) demonstrates compliance in making the benefit decision with the 

requirement that the benefit determinations must follow the terms of the plan and be consistent 

when applied to similarly situated claimants. A request for review of the Trustees' actions must 

be filed in writing within 60 days (180 days for disability claims) of the claimant's receipt of the 

notice of denial of benefits. 

Section 9.3 Decision on Review. The Trustees' decision on a claimant's request for review 

shall be made no later than the next regularly-scheduled Trustees' meeting following the receipt 

of a request for review, unless the request for review is received less than 30 days preceding 

the date of such meeting. In that case, a decision may be made by no later than the second 

meeting following receipt of the request for review. The review on appeal must consider all 

comments, documents, records and other information submitted by the claimant, without regard 

to whether such information was submitted or considered in the initial benefit determination. 

46 
CPTF-DV000302

The appeals procedure for a disability claim also must provide the following regarding the 

review process: (i) review on appeal must not defer to the initial adverse benefit determination 

and may not be conducted by the individual who made the initial adverse benefit determination 

nor the subordinate of such individual; (ii) in deciding the appeal of any benefit determination 

that is based in whole or in part on a medical judgment, the plan fiduciary conducting the appeal 

must consult with a health care professional who has appropriate training and experience in the 

field of medicine involved in the medical judgment; (iii) the health care professional engaged 

with respect to the review of the claim on appeal may not be an individual who was consulted in 

connection with the initial adverse benefit decision nor the subordinate of such individual; and 

(iv) medical or vocational experts whose advice was obtained on behalf of the plan in 

connection with the claim (even if the advice was not relied upon in the benefit determination) 

must be identified. 

The Trustees shall provide notice of the notice of the benefit determination on appeal to the 

claimant as soon as possible, but no later than 5 days after the benefit determination is made. 

(a) Extension of Time; Special Circumstances. If special circumstances require a 

further extension of time for processing a request for review, a decision shall be 

rendered no later than the third meeting of the Trustees following receipt of the 

request for review. 

(b) Notice. If an extension of time for review is required because of special 

circumstances, written notice of the extension shall be furnished to the claimant 

prior to the commencement of the extension. 

(c) Contents of Notice of Appeals Denial. Each notice of claim 

denial given by the Trustees shall be provided in written or 

electronic form, shall be furnished to the claimant within the 

applicable time frame established in this Section 5.3, and shall 

contain: 

(i) The specific reason(s) for the denial; 

(ii) specific reference to the pertinent Plan provisions on which the denial is 

based; 

(iii) a statement that the claimant is entitled to receive upon request and free 

of charge, all access to and copies of all documents, records and other 

information relevant to the benefit claim [a document is considered 

relevant to the claim if it: (i) was relied upon in making the benefit 

determination; (ii) was submitted, considered or generated in the course 

of making the benefit determination, without regard to whether it was 

relied upon in making the decision; (iii) demonstrates compliance in 

making the benefit decision with the requirement that the benefit 

determinations must follow the terms of the plan and be consistent when 

applied to similarly situated claimants]; 

(iv) a description of any voluntary appeal procedures offered under the plan, 

the claimant's right to obtain information about such procedures and a 

statement regarding the claimant's right to bring a civil action under 

ERISA 502(a) following an adverse benefit determination on appeal; 

(v) for disability claims, the additional information: (i) if applicable, a copy of 

the internal rule, guideline or protocol that was relied upon to make the 

47 
CPTF-DV000303

adverse determination or a statement that such rule was relied upon and 

that a copy of such rule will be provided free of charge to the claimant 

upon request; (ii) if the adverse determination is based on medical 

necessity or experimental treatment or similar exclusion or limit, an 

explanation of the scientific or clinical judgment for the determination or a 

statement that such explanation will be provided free of charge to the 

claimant upon request; and (iii) the following statement: "You and your 

Plan may have other voluntary alternative dispute resolution options, such 

as mediation. One way to find out what may be available is to contact 

your local U.S. Department of Labor Office and your State insurance 

regulatory agency." 

Section 9.4 Final Decision. Any decision rendered by the Trustees after compliance with the 

foregoing procedures shall be final and binding on the Union, the Employee and the Employer 

involved, as well as the heirs, legatees, Beneficiaries and personal representatives of the 

claimant, and no further appeal shall be available. 

Section 9.5 Records and Reports. Upon receipt of a written request, the Trustees shall 

furnish any Participant, Retiree, Spouse or Beneficiary with a copy of the Plan, Trust 

Agreement, or latest annual report, subject to a reasonable charge, not to exceed the lesser of; 

(a) The actual cost of reproduction, or 

(b) $.25 per page. 

Upon receipt of a written request (but not more than once each year), the Trustees shall furnish 

any Participant with a statement of his Accrued Benefit, the amount of the benefit in which he 

has a vested interest, if any, and if not vested, the earliest date he could become vested. 

ARTICLEX 

MISCELLANEOUS 

Section 10.1 Pronouns. Personal pronouns used in this Plan shall, in each case, be 

construed to include the opposite gender as the facts and the context warrant. 

Section 10.2 Withdrawal liability. Employer Withdrawal Liability, if any, shall be calculated 

under the basic presumptive method as prescribed in Section 4211 (b) of the Employee 

Retirement Income Security Act of 1974, as amended (ERISA). Disputes between the Fund 

and an Employer concerning withdrawal liability shall, if not satisfactorily resolved by the parties, 

be submitted to arbitration under Section 4221 of ERISA and the Pension Benefit Guaranty 

Corporation's Final Regulations on Arbitration of Disputes in Multiemployer Plans, as amended 

from time to time. 

Section 10.3 Contributions. Through collective bargaining, the Union and the Employers may 

allocate an amount of money to be paid to the Fund in respect to each Hour of Service and to 

be used for purposes other than benefit accruals. The amounts so contributed are not included 

in "the total Employer contributions" as that term is used in calculating benefits under this Plan. 

Section 10.4 Amendment Procedure. The Trustees may, by majority vote, amend this Plan, 

prospectively or retroactively. Unless otherwise permitted by law, no amendment of this Plan 

48 
CPTF-DV000304

shall reduce the Accrued Benefit of any Participant who is already receiving benefits on the date 

the benefit amendment becomes effective. For purposes of the foregoing, the term Accrued 

Benefit shall not include any disability benefits described in Article V of this Plan, or any other 

ancillary benefits offered by the Plan, which are not subject to the vesting and forfeiture 

protections of applicable law. Such disability benefits or any other ancillary benefits, may be 

modified, reduced, or eliminated at any time, either prospectively or retroactively, regardless of 

whether the payment of such benefits has already commenced. Any modification, alteration or 

amendment of this Plan which may be required to qualify and maintain this Plan as a qualified 

plan and trust under the applicable provisions of the Internal Revenue Code, shall be made by 

the Trustees. Any amendment may be made retroactively by appropriate action of the Trustees. 

The retroactive applicability of this Section shall be permitted, to the fullest extent permitted by 

law. 

Section 10.5 Prohibited Reduction. 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. For purposes of this 

Section, a plan amendment that has the effect of (1) eliminating or reducing an early retirement 

benefit or a retirement-type subsidy, or (2) eliminating or reducing 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. The Accrued Benefits of the 

Participant, Beneficiary or Vested Deferred Participant who is in pay status under the Plan may 

not be decreased by reason of any increase in benefit levels payable under Title II of the Social 

Security Act or any increase in the wage base under such Tile II, if such increase takes place 

after September 1, 197 4 or, if later, the earlier of the first receipt of such benefits or the date of 

such separation, as the case may be. 

The foregoing restrictions on Plan amendments and benefit reductions shall not apply to 

disability benefits described in Article V of the Plan, or any other ancillary benefits offered by the 

Plan that are not subject to the vesting and forfeiture protections of applicable law. Such 

disability benefits, or any other ancillary benefits may be modified, reduced, or eliminated at any 

time, either prospectively or retroactively, regardless of whether the payment of such benefits 

has already commenced. 

Section 10.6 Authorized Reduction. Notwithstanding the provisions of Section 10.5, a 

Participant's Accrued Benefit, early retirement benefit, retirement-type subsidy, or optional form 

of benefit may be reduced to the extent permitted under IRC § 412(c)(8) (for Plan Years 

beginning on or before December 31, 2007) or IRC §412(d)(2) (for Plan Years beginning after 

December 31, 2007), or to the extent permitted under §§ 1.41 (d)-3 and 1.411 (d)-4 of the 

regulations. 

The foregoing restrictions on Plan amendments and benefit reductions shall not apply to 

disability benefits described in Article V of the Plan, or any other ancillary benefits offered by the 

Plan that are not subject to the vesting and forfeiture protections of applicable law. Such 

disability benefits or any other ancillary benefits may be modified, reduced, or eliminated at any 

time, either prospectively or retroactively, regardless of whether the payment of such benefits 

has already commenced. 

Section 10. 7 Amendment of Vesting Requirements. An amendment changing the vesting 

requirements which would impose stricter requirements than those presently in effect for a 

Participant, may not change the requirements in effect for him as of the latter of: 

49 
CPTF-DV000305

(a) The effective date of the amendment, or 

(b) The adoption of the amendment. 

If an amendment changes the vesting provisions, any Participant who has three Years of 

Service before the end of the election period specified below may elect to have the amount of 

his vested benefit determined on the basis of the Plan provisions in effect immediately prior to 

the effective date of the amendment. The election period shall begin on the date the 

amendment is adopted and shall end 60 days after the latest of (1) the date of the amendment 

is adopted, (2) the effective date of the amendment of (3) the date the Participant is issued 

written notice of the amendment. 

Section 10.8 Merger or Consolidation. In the event that this Plan should merge or be 

consolidated with another qualified plan as authorized in the Trust Agreement, or if the assets 

and/or liabilities of this Plan are transferred to another such plan, the benefits of anyone entitled 

thereto, immediately after such merger, consolidation or transfer, shall be at least as great as 

they were immediately prior to such merger, consolidation or transfer. In case of a merger of 

another plan into this Plan, all of the affected individual's rights and obligations, with respect to 

the pre-merger Accrued Benefits shall be determined in accordance with such merged plan's 

provisions, as they existed on the merger date, unless specifically modified herein. Post-merger 

Accrued Benefits shall be determined in accordance with this Plan. 

Section 10.9 Termination of Plan. This Plan may be terminated, in whole or in part, as 

provided in the Agreement and Declaration of Trust. In case of such termination, the following 

asset allocation rules shall apply: 

(a) ERISA Allocation. In the event that this Pension Plan is terminated, wholly or 

partially, while Section 4041A of ERISA, or any subsequent Act mandating the 

allocation of assets upon termination of such plans is in effect, the assets of the 

Plan available to provide benefits shall be allocated in accordance therewith. 

(b) Other Allocation. In the event that this Pension Plan is terminated, wholly or 

partially, when there is in effect no such statute requiring a particular allocation of 

the assets of the Plan upon termination, the amount in the Trust Fund will be 

allocated to the extent available to provide retirement benefits for Participants, 

Retirees and Beneficiaries in the following order of priority, subject to provisions 

for expenses of administration or liquidation: 

(i} To provide benefits for those persons already receiving benefits; 

(ii) To provide benefits for those Active Participants then eligible to retire and 

receive Normal or Early Retirement benefits; 

(iii) To provide benefits for those Active or Inactive Participants who are at the 

time of termination of the Plan vested; 

(iv) To provide benefits for all other persons as their respective interests 

appear. 

The amount of benefits for each such person shall be calculated on a basis determined by the 

Trustees to be consistent with the operation of the Fund as set forth herein, but recognizing the 

termination of the Plan and the funds then available, and such amounts, when determined, shall 

remain fixed regardless of the status of any persons service after termination. The allocation, 

50 
CPTF-DV000306

when determined by the Trustees, may be implemented through the continuation of the existing 

Fund for that purpose or through the purchase by the Trustees of insurance annuity contracts or 

by a combination of these media. 

Section 10.10 Prior Plans. The terms of applicable prior Plan(s) shall apply to Inactive and 

Vested Participants whose Break in Service occurred prior to the effective date of this restated 

Plan, unless otherwise specifically provided herein. The foregoing notwithstanding, if an Active 

Participant who has contributions accrued in at least five Plan Years on or before April 30, 1976, 

and whose continuous service thereunder had not been interrupted on or before that date 

should become an Inactive Participant hereunder before becoming 100% vested, his vested 

rights shall, other provisions of this Plan notwithstanding, be equal to the greater of: 

(a) the monthly benefit to which he would have been entitled had the prior Plan 

remained in effect, or 

(b) the basic vested benefit amount in which he is vested pursuant to this Plan. 

Section 10.11 Effect of Invalidity of Provision. If any provision of this Plan is held invalid or 

unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof, 

and this Plan shall be construed and enforced as if such provision had not been included. Any 

provision of the Plan that is deemed invalid, but can be given effect at a later date to cure the 

invalidity, shall be so construed, with its effective date automatically adjusted to the earliest 

possible effective date, instead of stricken as invalid. 

Section 10.12 Approval of Internal Revenue Service. This Plan is adopted subject to the 

approval by the Internal Revenue Service as meeting the requirements of the IRS Code and 

Regulations thereunder with respect to the deductibility of contributions to the Fund and 

expenses thereof, and with respect to the tax exception of such Fund. In the event that such 

approval is not secured for the Plan as adopted, it may be amended for purposes of securing 

qualification under the IRS Code as may be necessary to secure such approval. 

Section 10.13 Pension Protection Act Funding Requirement The Plan will comply with all 

additional funding rules set forth in IRC § 432 with respect to multiemployer plans, including all 

required certifications and the adoption of a funding improvement, rehabilitation, or all 

reasonable measures plan(s) as may be necessary based on the actuary's certification. 

Section 10.14 Choice of law. To the extent not preempted by federal law, this Plan shall be 

governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, 

validity, construction, and effect and in all other respects. Any and all disputes regarding the 

terms and conditions of this Plan will be heard in the United States District Court for the Eastern 

District of Michigan. 

IN WITNESS WHEREOF, the Trustees of the Carpenters Pension Trust Fund 7 _ Detroit and 

Vicinity Defined Benefit Pension Plan have hereunto executed this Plan on tflc.7''0-f' r 7 ___ , 2014. 

[Signatures on Next Page] 

51 
( 

JIT/ldm.W:\FUNDS\mrcc\DB-PENS\PLANS\2014 Restated Plan.clean.10.06.14.doc 

(

-.. . 

. ,.,·' 

52 

CPTF-DV000307 
CPTF-DV000308

) 

Effective: 

January 1, 2002 

RECITALS 

Article X, Section 4 of the Plan document of the Carpenters' Pension Trust Fund 

- Detroit and Vicinity authorizes the Fund's Trustees to amend the Plan from time to 

time. 

WHEREAS, the Trustees desire to amend the Plan to address an issue raised by 

the Internal Revenue Service in connection with the Plan's application for a 

determination letter. 

Accordingly, the Plan is amended as follows, effective as of the date set forth 

above (additions are in bold italicized text and deletions are in strikeout text): 

* * * 

ARTIOLEflf 

NORMAL RETIREMENT BENEFITS 

* ... * 

Section 3.8 Maximum Benefit Limitations. The annual benefit under all defined 

benefit plans maintained by the Participant's Employer before any reduction for the 

Spouse's benefit or any other option hereunder shall not exceed the limitations of !RC Section 415 and 416, and regulations thereunder. Effective July 1, 2007, the annual 

benefit to which a Participant may be entitled, in the form of a straight life annuity, shall 

not exceed the lesser of $90,000 before December 31, 2001; or $160,000 after 

December 31, 2001. ; or 100 percent of the Partisipant's high three year average 

somf)ensation (or fewer, if the Employee does not have three consecutive years.) 

If an Employee's benefit commences prior to age 65, the maximum benefit determined 

above shall be actuarially reduced. The limitations in effect at the time of an Employee's 

commencement of benefit payments shall be applied. For the purpose of this Section, 

"annual benefit" shall mean the benefit payable in the form of a straight life annuity with 

no ancillary benefits and shall exclude any benefits not directly related to retirement. 

Limitations on benefits of Participants employed by a tax-exempt entity, will be 

determined in accordance with applicable provisions of the IRS Code, as amended from 

time to time, and are incorporated herein by reference. Compensation shall mean 

wages, within the meaning of §3401(a), and all other payments of compensation to an 

Employee by the Employer (in the course of the Employer's trade or business) for which 

the Employer is required to furnish the Employee a written statement under §§6041(d}, 

6051{a)(3), and 6052. Compensation must be determined without regard to any rules 
CPTF-DV000309

·_) 

_) 

y

Community Renewal Tax Relief Act of 2000 (CRA) amendment of IRC 415(c)(3) but in 

no case earlier than the first day of the first plan year beginning on or after January 1, 

1998, compensation shall include elective amounts that are not includible in the gross 

income of the employee by reason of IRC 132(f)(4). 

After December 31, 2005, for purposes of determining whether the limitations of§ 415(b) 

have been exceeded with respect to benefits subject to § 417(e)(3), mortality and 

interest rates specified in§ 415(b)(2)(E) will be used. 

For benefits that commence after age 65, the maximum benefit is increased as follows: 

(a) If the annuity starting date is in a limitation year that begins before July 1, 

2007, the annual amount of a benefit payable in the form of a straight life 

annuity commencing at the participant's annuity starting date that is the 

actuarial equivalent of the dollar limitation under IRC § 415{b){1)(A) (as 

adjusted under 415(d)), with actuarial equivalence computed using 

whichever of the following produces the small annual amount: (1) the 

interest rate and mortality table or other tabular factor specified in the plan 

for determining actuarial equivalence for delayed retirement purposes; or 

(2) a 5 percent interest rate assumption and the applicable mortality table. 

(b) If the annuity starting date is in a limitation year beginning on or after July 

1, 2007, the annual amount of a benefit payable in the form of a straight 

life annuity commencing at the participant's annuity starting date that is 

the actuarial equivalent of the dollar limitation under IRC § 415(b)(1)(A) { 

as adjusted under IRC § 415(d)), with actuarial equivalence computed 

using a 5 percent interest rate assumption and the applicable mortality 

table and expressing the participant's age based on completed calendar 

months as of the annuity starting date. 

The applicable mortality table is the mortality table described in Rev. Rul. 2001-62, IRC 

§§ 415(b)(2)(D) and 415(b)(2)(E){iii); Treas. Reg.§ 1.415(b)-1(e); Rev. Rul. 2001-62. 

* * * 

Except as has been hereby amended, the Pension Plan of the Carpenters' 

Pension Trust Fund - Detroit and Vicinity shall remain in full force and effect. 

Adopted this 21 st day of April, 2016. 

[SIGNATURES ON FOLLOWING PAGE] 
W:\FUNDS\mrcc\DB-PENS\AMEND\1st Plan .Amendment re IRS technical corrections.doc 

:_) 

CPTF-DV000310 
CPTF-DV000311

_:) 

) 

__.,-•' 

Re: 

Effective: 

Claims and Appeals Procedures for Disability Benefits 

January 18, 2017 

RECITALS 

WHEREAS, Article X, Section 4 of the Plan document of the Carpenters' Pension Trust Fund 

- Detroit and Vicinity authorizes the Fund's Trustees to amend the Plan from time to time. 

WHEREAS, the Trustees desire to amend the Plan to provide for retroactive annuity starting 

dates, and to revise the claims and appeals procedures for disability benefits. 

ACCORDINGLY, the Plan is amended as follows, effective as of the date set forth above 

(additions are in bold italicized text and deletions are in strikeout text): 

* 

* 

* 

ARTICLE I 

DEFINITIONS 

* 

* 

* 

Section 1.26 Retroactive Annuity Starting Date. "Retroactive Annuity Starting Date" means 

an Annuity Starting Date that is affirmatively elected by a Participant that occurs on or before 

the date the written explanation of benefit payment options described in Article 3 is provided 

to the Participant. Benefits payable under a Retroactive Annuity Starting Date shall consist of 

an initial single sum payment attributable to the period beginning on the Participant's 

Retroactive Annuity Starting Date and ending with the first day of the first month immediately 

prior to the month in which the benefit is paid. The corresponding interest paid on such 

single sum payment shall be made for the period beginning with the first day of the month 

coinciding with the Retroactive Annuity Starling Date and ending with the first day of the first 

month immediately prior to the month in which the benefit is paid. The provisions for a 

Retroactive Annuity Starting Date in this Section 1.26 shall not apply in the case of an 

application made for a Surviving Spouse Pension or a Pre-Retirement Death Benefit. 

* * * 

ARTICLE Ill 

NORMAL RETIREMENT BENEFITS 

* * * 

Section 3.13 Retroactive Annuities. If it is determined that an administrative delay, error or 

omission on the part of any person engaged by the Fund with respect to determining 

eligibility for or the amount of the benefit, or in paying the benefit, delayed the 
CPTF-DV000312

) 

_) 

make-up payment plus interest, calculated using a 61⁄2% annual compound rate of interest 

assumption. 

The participant's Spouse, determined as of the date of the actual make-up payment must, in 

addition to consenting to any election to waive the Qualified Joint and Survivor Form, 

consent to the distribution based on the retroactive annuity starting date. Any such waiver 

and any spousal consent thereto must be made pursuant to Section 3.5, using the date of the 

make-up payment in place of the date as of which monthly benefit payments are to 

commence. Consent to the distribution based on the retroactive annuity starting date is not 

required if the amount of the survivor annuity payable upon the death of the participant Is not 

less than the amount that the survivor annuity would have been under the same form of 

benefit if the Participant had not elected a retroactive annuity starting date. 

If the person to whom the participant was legally married on the retroactive annuity starting 

date is no longer his legal Spouse on the date of the actual make-up payment, consent of the 

former Spouse to the retroactive annuity starting date and to the waiver of the Qualified Joint 

and Survivor Annuity is not required, unless otherwise required under a Qualified Domestic 

Relations Order. 

Benefit payments and calculations will be made as required by Section 417 of the Code and 

the rules and regulations applicable thereto at any time of reference or by subsequent 

applicable Federal legislation and in accordance with the form of benefit elected by the 

participant. 

* * 

ARTICLE IX 

APPEALS 

* 

Section 9.1 Claim of Review. 

(d) 

* * * 

Contents of Notice of Claim Denial. Each notice of claim denial given by the 

Trustees shall contain: 

(i} The specific reason(s) for the denial; 

(ii) specific Specific reference to the pertinent Plan provisions on which the 

denial is based; 

(iii) a A description of any additional material or information necessary for the 

claimant to perfect the claim, and an explanation of why such material or 

information is necessary; and 
CPTF-DV000313

' > 

(vi) feF For disability claims, the notice of claim denial shall contain the 

following: ~he internal rulO;--§t!kJeline or protocol that was relied 

upon to make the adverse determination or a statement that such rule \¥as 

relied upon and that a copy of such rule will be provided free of charge to tho 

claimant upon request. 

1. A copy of the internal rule, guideline or protocol that was relied 

upon to make the adverse determination; 

2. If any medical or vocational experts were involved in making the 

Adverse Benefit Determination, those experts must be identified, 

their explanations must be included, and the notice must note 

whether the expert advice was relied upon. If the Plan disagrees 

with the expert's opinion, the notice must include the basis for 

disagreeing with the expert opinion. 

3. All notices shall be in a culturally and linguistically appropriate 

manner. If the claimant is domiciled in any United States county 

where ten percent or more of the population residing in that 

county is literate in only in the same non-English language, then 

the Plan shall ensure the following: (i) language services are 

provided in the applicable non-English language; (ii) notices 

include a statement prominently displayed in the applicable nonEnglish language clearly indicating how to access the language 

services provided by the Plan; and (iii) language services are 

sufficient to allow claimants to understand their rights and 

obligations in regards to effectively fillng claims and appeals. 

Section 9.2 Appeal Review Procedure. Should a claimant disagree with the Fund's actions taken 

with respect to a claim, the claimant or his duly-authorized representative may submit written 

comments and documentation concerning the claim, as well as -Lif}GA written application to the 

Trustees, request a review of the Trustees' actions. In addition, the elaimant or his duly autAeri-rea 

representative may review pertinent Plan documents and submit issues and comments in writing to 

the Trustees. A claimant must be provided, upon request and free of charge, all access to and 

copies of all documents, records and other information relevant to the benefit claim [a document is 

considered relevant to the claim if it: (i) was relied upon in making the benefit determination; (ii) was 

submitted, considered or generated in the course of making the benefit determination, without 

regard to whether it was relied upon in making the decision; (iii) demonstrates compliance in making 

the benefit decision with the requirement that the benefit determinations must follow the terms of the 

plan and be consistent when applied to similarly situated claimants. A request for review of the 

Trustees' actions must be filed in writing within 60 days (180 days for disability claims) of the 

claimant's receipt of the notice of denial of benefits. 

Section 9.3 Decision on Review. The Trustees' decision on a claimant's request for review shall 
CPTF-DV000314

. i 

• ...__,, ... 1 

must not defer to the initial adverse benefit determination and may not be conducted by the 

individual who made the initial adverse benefit determination nor the subordinate of such individual; 

(ii) the review will be conducted by a Plan fiduciary; (iii) in deciding the appeal of any benefit 

determination that is based in whole or in part on a medical judgment, the plan fiduciary conducting 

the appeal must consult with a health care professional who has appropriate training and experience 

in the field of medicine involved in the medical judgment; tuij (iv) the health care professional 

engaged with respect to the review of the claim on appeal may not be an individual who was 

consulted in connection with the initial adverse benefit decision nor the subordinate of such 

individual; and tw} (v) medical or vocational experts whose advice was obtained on behalf of the 

plan in connection with the claim (even if the advice was not relied upon in the benefit determination) 

must be identified. 

The Trustees shall provide notice of the notice of the benefit determination on appeal to the claimant 

as soon as possible, but no later than 5 days after the benefit determination is made. 

(a) Extension of Time; Special Circumstances. If special circumstances require a 

further extension of time for processing a request for review, a decision shall be 

rendered no later than the third meeting of the Trustees following receipt of the 

request for review. 

(b) Notice. If an extension of time for review is required because of special 

circumstances, written notice of the extension shall be furnished to the claimant prior 

to the commencement of the extension. 

(c) Contents of Notice of Appears Denial. Each notice of claim denial given by the 

Trustees shall be provided in written or electronic form, shall be furnished to the 

claimant within the applicable time frame established in this Section 5.3, and shall 

contain: 

(i) 

{ii) 

(iii) 

The specific reason(s) for the denial; 

specific Specific reference to the pertinent Plan provisions on which the 

denial is based; 

a- A statement that the claimant is entitled to receive upon request and free of 

charge, all access to and copies of all documents, records and other 

information relevant to the benefit claim [a document is considered relevant to 

the claim if it: (i) was relied upon in making the benefit determination; (ii) was 

submitted, considered or generated in the course of making the benefit 

determination, without regard to whether it was relied upon in making the 

decision; (iii) demonstrates compliance in making the benefit decision with the 

requirement that the benefit determinations must follow the terms of the plan 

and be consistent when applied to similarly situated claimants}; 
CPTF-DV000315

-.) 

. 

__ ) 

* 

or a statement that such rule-was relied upon and that a copy of such rule Will 

be provided free of charge to the claimant upon request; (ii) if the adverse 

determination is based on medical necessity or experimental treatment or 

similar exclusioA-er limit, an explanation of tRe scientific or clinical judgment 

for the determination or a statement that such explanation will-be provided 

free-of charge to the claimant upon request; and (iii) the followin§ statemem;. 

"¥au and yoor Plan may have other •1oluntary alternative dispute resolution 

options, such as mediation. One way to find out what may be available is to 

contact yeHF-local U.S. Department of labor Office and your State iASl:lfaAGe 

regulatory agency." 

1. A copy of the internal rule, guideline or protocol that was relied 

upon to make the adverse determination; 

2. If any medical or vocational experts were involved in making the 

Adverse Benefit Determination, those experts must be identified, 

their explanations must be included, and the notice must note 

whether the expert advice was relied upon. If the Plan disagrees 

with the expert's opinion, the notice must include the basis for 

disagreeing with the expert opinion. 

4. All notices shall be in a culturally and linguistically appropriate 

manner. If the claimant is domiciled in any United States county 

where ten percent or more of the population residing in that 

county is literate in only in the same non-English language, then 

the Plan shall ensure the following: (i) language services are 

provided in the applicable non-English language; (ii) notices 

include a statement prominently displayed in the applicable nonEnglish language clearly indicating how to access the language 

services provided by the Plan; and (iii) language services are 

sufficient to allow claimants to understand their rights and 

obligations in regards to effectively filing claims and appeals. 

* * 

Except as has been hereby amended, the Pension Plan of the Carpenters' Pension Trust 

Fund - Detroit and Vicinity shall remain in full force and effect. 

Adopted this 25n-J. day of_H_A....,1 _____ , 2017 . 

[SIGNATURES ON FOLLOWING PAGE] 
MEP W!IFUNOSlmlcc\OB-PcNSIAMEND\2nd Pf•n Amondmcnl ro RASO and disobi!lyda;,,,s Pe,ui011.doc 

. ... ) 

... ,. 

CPTF-DV000316 
CPTF-DV000317

! 

,' 

.,• 

RECITALS 

WHEREAS, Article X, Section 4 of the Plan document of the Carpenters Pension Trust 

Fund - Detroit And Vicinity authorizes the Fund's Trustees to amend the Plan from time to time. 

WHEREAS, the Trustees desire to amend the Plan to provide Eligible Employers with a 

"free look" during Plan Years when the Plan is eligible to offer a free look. 

Accordingly, the Plan is amended as follows, effective as of the date set forth above 

(additions, here added after the second full paragraph of Article X, are in bold italicized text 

and deletions are in strikeout text): 

* 

* 

* 

ARTICLEX 

MISCELLANEOUS 

* 

* 

* 

Section 10.2.1 Withdrawal Liability "Free Look'~ 

(1) Generally. For Plan Years beginning on or after January 1, 2018 for which 

(2) 

it meets the free look qualifications, the Plan will offer Eligible Employers 

(as defined below) the opportunity to utilize ER/SA 's "free look" provision 

as described herein. A free look allows pension plans to permit Eligible 

Employers to participate in the Pension Plan for a limited period of time 

without accruing employer withdrawal liability. For purposes of this 

section, Section 4210 of ER/SA Is specifically incorporated herein. Further, 

for employees of Eligible Employers, /RC Section 411(a){3)(E) applies, and 

Is specifically incorporated herein. 

Plan Eligibility For Free Look. The Plan shall offer Eligible Employers a 

free look for each Plan Year in which the ratio of: the assets of the Plan for 

the Plan Year preceding the first Plan Year for which the Eligible Employer 

was required to contribute to the plan, to the benefit payments made during 

that plan year, exceeds B to 1. 
years required for Participants to vest in the Plan, or 6 years, 

whichever is less, 

(c) makes contributions to the Plan that are less than 2 percent of the 

sum of all Employer contributions to the Plan for each Plan Year, 

and 

{d) has never avoided withdrawal liability based on a tree look from the 

Plan before. 

If an Eligible Employer begins a free look during a year in which the Plan is 

eligible to offer a free look, and during the Eligible Employer's free look period, the Plan 

ceases being eligible to offer free looks, said Eligible Employer shall still be entiflec/ to 

the free look, provided they continue to meet the conditions of this section 10.2. 1. 

* * * 

Except as has b~ ~by amended, the Plan shall remain in full force and effect 

Adopted on 1-f --L';) t.2 , 2018. 

CPTF-DV000318 
CPTF-DV000319

RECITALS 

WHEREAS, Article X, Section 4 of the Plan document of the Carpenters' Pension Trust Fund - Detroit and 

Vicinity authorizes the Fund's Trustees to amend the Plan from time to time. 

WHEREAS, the Trustees desire to amend the Plan to revise the claims and appeals procedures for disability 

benefits. 

ACCORDINGLY, the Plan is amended as follows, effective as of the date set forth above (additions are in bold 

italicized text and deletions are in strikeout text): 

* 

Section 9.1 Claim of Review. 

* 

* 

ARTICLE IX 

APPEALS 

* 

* 

* 

(B) Disability Claims. For purposes of the claims and appeals provisions set forth in Article V, a claim is 

treated as a "disability claim" if the claims adjudicator must make a determination of disability in order to decide a claim. If the finding of disability is made by a party other than the Plan or Trustees, for 

purposes other than making a benefit determination under the Plan, the benefit will not be treated as a 

disability benefit for purposes of the Plan's claims and appeals provisions. 

If the claim is for disability benefits, written notice of a decision will be furnished to the claimant within 

45 days of the receipt of the claim by the Trustees, unless special circumstances require an extension 

of time for processing the claim. If such an extension of time for processing is required, written notice of the extension shall be furnished to the claimant prior to the end of the initial 45-day period. If a 

second extension of time for processing is required, written notice of the extension shall be furnished 

to the claimant prior to the end of the 75-day period after filing the claim. In no event shall any 

extension regarding disability benefits exceed 105 days of receipt of the claim by the Trustees. 

For purposes of disability claims discussed in this Section 8.1, an "Adverse Benefit 

Determination" means any of the following: a denial, reduction, termination of, or failure to 

provide or make payment (in whole or in part) of a claim, including any such a denial, 

reduction, termination of, or failure to provide or make payment (in whole or in part) that is 

based upon a participant's eligibility to participate in the Plan or resulting from the application 

of any utilization review, as well as a failure to cover an item or service for which benefits are 

otherwise provided because it is determined to be experimental, investigational, or not 

medically necessary or appropriate. A rescission of coverage is included in this definition, 

irrespective of whether the rescission had an adverse effect on any particular benefit at that 
CPTF-DV000320

(ii) Specific reference to the pertinent Plan provisions on which the denial is based; 

(iii) A description of any additional material or information necessary for the claimant to perfect 

the claim, and an explanation of why such material or information is necessary; aoo 

(iv) Appropriate information as to the steps to be taken if the claimant wishes to submit his claim 

for review; 

(v) A description of the Plan's claim review procedures, the time limits under the procedures and 

a statement regarding the claimant's right to bring a civil action under ERISA 502(a) following 

an adverse benefit determination on appeal; and 

(vi) For disability claims, the notice of claim denial shall contain the following: 

* 

1. A copy of the internal rule, guideline or protocol that was relied upon to make the 

adverse determination; 

2. If any medical or vocational experts were involved in making the Adverse Benefit 

Determination, those experts must be identified, their explanations must be 

included, and the notice must note whether the expert advice was relied upon. If the 

Plan disagrees with the expert's opinion, the notice must include the basis for 

disagreeing with the expert opinion; 

3. All notices shall be in a culturally and linguistically appropriate manner. If the 

claimant is domiciled in any United States county where ten percent or more of the 

population residing in that county is literate in only in the same non-English 

, language, then the Plan shall ensure the following: (i) language services are 

provided in the applicable non-English language; (ii) notices include a statement prominently displayed in the applicable non-English language clearly indicating how 

to access the language services provided by the Plan; and (iii) language services 

are sufficient to allow claimants to understand their rights and obligations in regards 

to effectively filing claims and appeals; and 

4. A statement regarding the Claimant's right to bring a civil action under ER/SA 

section 502(a) following the Adverse Benefit Determination on appeal. 

* * 

Section 9.3 Decision on Review. The Trustees' decision on a claimant's request for review shall be made no later 

than the next regularly-scheduled Trustees' meeting following the receipt of a request for review, unless the request for 

review is received less than 30 days preceding the date of such meeting. In that case, a decision may be made by no later than the second meeting following receipt of the request for review. The review on appeal must consider all 

comments, documents, records and other information submitted by the claimant, without regard to whether such 
CPTF-DV000321

subordinate of such individual; and (v) medical or vocational experts whose advice was obtained on behalf of the plan in 

connection wrrh the claim (even if the advice was not relied upon in the benefit determination) must be identified. 

The Trustees shall provide notice of the notice of the benefit determination on appeal to the claimant as soon as 

possible, but no later than 5 days after the benefit determination is made. 

* * * 

(c) Contents of Notice of Appeals Denial. Each notice of claim denial given by the Trustees shall be 

provided in written or electronic form, shall be furnished to the claimant wrrhin the applicable time frame 

established in this Section 5.3, and shall contain: 

(i) The specific reason(s) for the denial; 

(ii) Specific reference to the pertinent Plan provisions on which the denial is based; 

(iii) A statement that the claimant is entitled to receive upon request and free of charge, all 

access to and copies of all documents, records and other information relevant to the benefit 

claim [a document is considered relevant to the claim if it: (i) was relied upon in making the 

benefit deterrnination; (ii) was submitted, considered or generated in the course of making the 

benefit deterrnination, without regard to whether it was relied upon in making the decision; (iii) 

demonstrates compliance in making the benefit decision with the requirement that the benefit deterrninations must follow the terms of the plan and be consistent when applied to similarly 

situated claimants]; 

(iv) A description of any voluntary appeal procedures offered under the plan, the claimant's right 

to obtain information about such procedures and a statement regarding the claimant's right to 

bring a civil action under ERISA 502(a) following an adverse benefit determination on appeal; 

(v) For disability claims, the notice of claim denial shall contain the following: 

1. A copy of the internal rule, guideline or protocol that was relied upon to make the 

adverse deterrnination; 

2. If any medical or vocational experts were involved in making the Adverse Benefit 

Determination, those experts must be identified, their explanations must be 

included, and the notice must note whether the expert advice was relied upon. If the 

Plan disagrees with the expert's opinion, the notice must include the basis for 

disagreeing with the expert opinion; 

4. All notices shall be in a culturally and linguistically appropriate manner. If the 

claimant is domiciled in any United States county where ten percent or more of the 

population residing in that county is literate in only in the same non-English 

language, then the Plan shall ensure the following: (i) language services are 
CPTF-DV000322

Section 9.4 Full and Fair Review of Disability Claims. For disability claims on appeal, a fut I and fair review 

provides the Participant or Beneficiary with the following: 

(a) Reasonable access to, and copies of, all documents, records, and information relevant to the 

claim at no cost; 

(b) The Claimant the opportunity to submit written comments, documents or information relating to 

thee/aim; 

(c) The right to have such comments, documents or information taken into account even if not 

submitted or considered in the preceding determination; 

(d) The review on appeal must not defer to the initial adverse benefit determination and may not be 

conducted by the individual who made the initial adverse benefit determination, nor the 

subordinate of such individual; 

(e) The review will be conducted by a Plan fiduciary; 

(f) In deciding the appeal of any benefit determination that is based in whole or in part on a 

medical judgment, the plan fiduciary conducting the appeal must consult with a health care 

professional who has appropriate training and experience in the field of medicine involved in 

the medical judgment; 

(g) The health care professional engaged with respect to the review of the claim on appeal may not 

be an individual who was consulted in connection with the initial adverse benefit decision nor 

the subordinate of such individual; 

(h) Medical or vocational experts whose advice was obtained on behalf of the plan in connection 

with the claim (even if the advice was not relied upon in the benefit determination) must be 

identified; and 

(I) The claim and appeal shall be adjudicated in a manner designed to ensure the independence 

and impartiality of the persons involved in the benefit determination. Decisions regarding 

hiring, compensation, termination, promotion, or similar matters will not made based upon the 

likelihood that the individual will support the denial of benefits. 

Section 9.5 Deemed Exhaustion. With respect to claims for disability benefits, if the Plan fails to strictly 

adhere to the claims and appeals procedures outlined in this Section 8.8, the Claimant is deemed to have 

exhausted the internal claims and appeals process and may proceed to exercise any remedies available under 

Section 502(a) of ERISA, or applicable state law. Upon such election, the claim or appeal is deemed denied as if 

a Final Adverse Benefit Determination had been issued. Notwithstanding the foregoing, the claims and appeal 

procedures will not be deemed exhausted based upon a de minimis violation that does not cause, and is not 

likely to cause, prejudice or harm to the Claimant. The de minimis violation must be for good cause or be due 

to matters beyond the Plan's or Board of Trustee's control, and have occurred in the context of an on-going 
CPTF-DV000323

re-filing an Appeal of an Adverse or Final Adverse Benefit Determination shall begin to run upon the Claimant

s 

receipt of such notice. 

Section 9.6 New Evidence. For disability claims, in the event the decision is based in whole or in part 

upon any new evidence, or a new or additional rationale that is considered, relied upon, generated by (or at the 

direction of) the Plan or Board of Trustees. The Claimant shall be provided with the new evidence or rationale 

as soon as possible, without charge, and sufficiently in advance of the date on which the notice of the Adverse 

Benefit Determination is due so that the Claimant is given a reasonable opportunity to respond before an 

Adverse Benefit Determination is made. In the event the new evidence, or new or additional rationale is received 

too late for the Claimant to have a reasonable opportunity to respond to it before the notice of an Adverse 

Benefit Determination is due, the period for providing notice of the Adverse Benefit Determination shall be 

tolled until such time as the Claimant has either had a reasonable opportunity to respond, or fails to respond 

within a reasonable time to the new evidence or additional rationale. The Plan shall then provide notice of the 

determination to the Claimant as soon as practicable, taking into account the medical exigencies. 

Section 9.4 9.7 Final Decision. Any decision rendered by the Trustees after compliance with the foregoing 

procedures shall be final and binding on the Union, the Employee and the Employer involved, as well as the heirs, 

legatees, beneficiaries and personal representatives of the claimant, and no further appeal shall be available. 

Section 8.5 9.8 Records and Reports. Upon receipt of a written request, the Trustees shall furnish any Participant, 

Retiree, Spouse or Beneficiary with a copy of the Plan, Trust Agreement, or latest annual report, subject to a reasonable 

charge, not to exceed the lesser of; 

(a) The actual cost of reproduction, or 

(b) $.25 per page. 

Upon receipt of a written request (but not more than once each year), the Trustees shall furnish any Participant with a 

statement of his Accrued Benefit, the amount of the benefit in which he has a vested interest, if any, and if not vested, 

the earliest date he could become vested. 

* * * 

Except as has been hereby amended, the Pension Plan of the Carpenters' Pension Trust Fund - Detroit and 

Vicinity shall remain in full force and effect. 

Adopted this l 3111 day of APR.IL. , 2018. 
CPTF-DV000324 
CPTF-DV000325

Re: 

· Effective: 

Modification of Post

Retirement Benefit Accrual 

November 1, 2018 

RECITALS 

WHEREAS, Article X, Section 4 of the Plan document of the Carpenters' Pension Trust Fund 

- Detroit and Vicinity authorizes the Fund's Trustees to amend the Plan from time to time, and 

WHEREAS, the Plan, for Pension Protection Acr purposes, has been certified to be in 

"Critical and Declining" Status, which generally precludes the Fund's Trustees from adopting 

benefits that provide unfunded benefit increases; and 

WHEREAS, the Fund's Actuary has determined and advised the Trustees that the 

interdependent plan provision changes set forth in this Amendment either reduce or do not increase 

Plan benefits; and 

WHEREAS, the Trustees desire to amend the Plan to provide for the aforementioned 

changes. 

ACCORDf NGL Y, the Plan is amended as follows, effective as of the date set forth above 

(additions are in bold italicized text and deletions are in strikeout text): 

* * * 

ARTICLE Ill 

NORMAL RETIREMENT BENEFITS 

* * * 

Section 3.6 Continued Employment. 

{a) Active Participant. If an Active Participant does not retire at age 65, or the 

earliest date on which he would be eligible to commence receiving normal 

retirement benefits, his Accrued Benefit shall be the greater of: 

(i) An amount that is the Actuarial Equivalent of the normal retirement 

benefit to which he would have been entitled had he applied to receive 

payments on the first day of the month following the month in which he 

became eligible for normal retirement benefits; or 

(ii) The amount calculated as a single life benefit, including any additional 

Employer contributions made to the Fund with respect to Hours of Service 

performed by the Active Participant after the month in which he became 

eligible for normal retirement benefits. 

1 
CPTF-DV000326

(b) Retiree. If a Retiree is credited with additional contributions as a result of Hours 

of Service accrued after retirement and before November 1, 2018, he shall 

receive an increased monthly benefit based upon the additional contributions 

accrued, effective the following May 1. Monthly benefits shall be increased 

effective each May 1 thereafter, based upon the contributions, if any, accrued 

during the immediately preceding Plan Year. Each such increase in monthly 

benefits payable shall be calculated in the same benefit form in which the 

Retiree's monthly benefit is being paid, using the benefit rate in effect on the 

M~y 1 as of which each increase is effective. ff a Retiree is credited with 

additional contributions as a result of post-October 31, 2018 Hours of Service 

accrued after retirement, he shall only receive an increased monthly benefit 

based on any such additional contributions to the extent that the monthly benefit 

increase attributable to such post-October 31 2018 Hours of Service exceeds the 

actuarial equivalent value of benefit payments made to the Retiree who receives 

such contribution credit. Credit, if any, shall be limited to the amount by which 

the monthly benefit increase attributable to such post-October 31 2018 Hours of 

Service exceeds the actuarial equivalent value of in-service benefit payments 

made to the Retiree who receives such contribution credit. 

Section 3.7 Suspension of Benefits. Notwithstanding any other provision of this Plan, the 

payment of monthly retirement benefits to a Retiree who would be eligible to receive such 

retirement benefits shall be suspended in accordance with the provisions of this Section if the 

Retiree returns to or continues in Restricted Work as described herein, during the periods of 

time set forth herein. 

(a) Return to Employment. No monthly retirement benefit shall be paid to any 

Retiree during any calendar month during which such individual accrues 40 or 

more Hours of Service in Covered Employment, consisting of: 

(i) 

{ii) 

(iii} 

Industry. Employment in any industry in which Employees covered by this 

Plan were employed and were covered by this Plan as a result of such 

employment at the time that the payment · of benefits commenced or 

would have commenced if the Retiree had not remained in or returned to 

employment; 

Trade. Employment in a trade or craft which is covered by the craft 

jurisdiction of the Collective Bargaining Agreement such as an apprentice, 

journeyman, layout man, foreman, or general foreman, pursuant to which 

the Retiree was employed at any time under the Plan; and 

Exception. A Retiree will be deemed to be working in the industry and 

2 
CPTF-DV000327

(

} 

g

g

p

y 

payment of benefits commenced or would have commenced if the Retiree 

had not remained in or returned to employment. 

(v) Presumptions . . For purposes of the foregoing, any contributions received 

on behalf of a Retiree will be deemed to be as a result of Restricted Work. 

The term "hours worked" shall have the meaning described in Section 1 . 1 5 hereof. The terms 

"industry," "trade or craft," and "geographical area covered by the Plan" shall have meanings 

prescribed by IRC Section 411 (a)(3}(B) and Regulations issued by the Department of Labor. 

The foregoing shall not apply to any Contiguous Service described in Section 2.2. 

(b) Amount. The amount of retirement benefit which will be permanently withheld 

for the calendar month in which the Retiree or Participant is employed as defined 

in subsection (a} hereof shall be the lesser of ( 1) an amount equal to the monthly 

benefit which would have been payable to him if he had been receiving monthly 

benefit under the Plan since his actual retirement date or the date which would 

have been his actual retirement date but for his reemployment or continued 

employment based upon a single life annuity commencing at the actual 

retirement age or (2) the actual amount paid or scheduled to be paid to him for 

such benefit. The amount of normal retirement benefits permanently withheld 

will be adjusted as necessary to comply with applicable laws. The actuarial 

increase required by IRC Section 401 (a)(9)(C)(iii) of the Code applies even during 

the period that an employee is in suspendible service under Section 203(a)(3)(B) 

of ERISA and Section 411 {a)(3)(8) of the Code. 

{c} Resumption of Payments. At such time as the Retiree or Participant is no longer 

employed as defined in subsection (a), hereof, and has notified the Trustees of 

that fact in accordance with subsection (f), hereof, the payment of monthly 

retirement benefits shall be commenced on the next regularly scheduled date for 

the payment of such benefits. The initial payment upon resumption shall include 

the payment scheduled to occur in that calendar month and any amounts 

withheld from the time such reemployment or employment was terminated until 

the resumption of payments, less any amounts which are subject to offset in 

accordance with subsection (d), hereof. The Retiree will be credited with all 

Employer contributions accrued by him during the suspension period but only 

with respect to Hours of Work preformed prior to November 1, 2018. 

(d) Offset Rules. If payment of monthly retirement benefits has been resumed in 

accordance with subsection (c), hereof, the Trustees shall withhold up to 25% of 

the amount due in each subsequent calendar month, until the Pension Fund has 

been repaid all payments previously made to the Retiree or Participant during 

3 
CPTF-DV000328

{f) 

to notify the Trustees when he has discontinued such employment or 

reemployment, and such notice shall contain all information required by the 

Department of Labor Regulations Paragraph 2530.203-3(b)(4). 

Verification and Determination of Status. 

(i) Every Retiree who has retired and is rece1vmg early retirement benefits 

and every Participant who would be eligible to receive early retirement 

benefits but for his reemployment or continued employment who engages 

in any employment as described in subsection (a), hereof, shall promptly 

notify the Trustees of such employment or reemployment and shall 

provide the Trustees and their agents with all reasonable information and 

assistance for the purpose of verifying such employment. 

(ii) Every Retiree or Participant who engages in employment as described in 

Subparagraph (a) hereof shall promptly notify the Trustees of such 

employment or reemployment and shall provide the Trustees and their 

agents with all reasonable information and assistance for the purpose of 

verifying such employment. 

(iii) It shall be a condition to the right of the Retiree or Participant to receive 

future monthly retirement benefit payments that the Retiree or Participant 

shall, at such time as may be requested by the Trustees, certify in writing 

that he is unemployed or provide factual information to the Trustees 

sufficient to establish that any employment in which he is engaged is not 

the type of employment defined in Subparagraph {b), above. The 

Trustees shall provide the Retiree or Participant with the necessary forms 

for such certification. 

(iv} The Trustees shall, within 60 days after receipt of a written request 

together with sufficient information ~rom any Retiree or Participant, 

provide the Retiree or Participant with a written determination as to 

whether or not any contemplated employment or reemployment by the 

Retiree or Participant will result in a suspension of monthly retirement 

benefits. 

(v) All determinations by the Trustees relating to the suspension of benefits 

or the determination of benefits of the character of any contemplated 

employment or reemployment shall be considered in accordance with the 

claims procedure adopted by the Trustees pursuant to Section 503 of 

ERISA and applicable regulations. 

4 
CPTF-DV000329

than 40 hours in the month in question. 

{ii} If the Trustees become aware that a Retiree or Participant is reemployed 

as defined in subsection (a), hereof, at a construction site and the 

Pensioner or Participant has not complied with the verification 

requirements set forth in subsection (f) with regard to that employment, 

then the Trustees may, unless it is unreasonable under the circumstances 

to do so, act on the basis of a rebuttal presumption that the Retiree or 

Participant engaged in such employment for the same Employer in work at 

that site for so long before the work in question as that same Employer 

performed that work at that construction site. 

(h} Waiver. The Trustees have determined that the ability to staff existing 

bargaining unit work with Employees on whose behalf contributions must be 

made to the Fund is essential to preserving the funding base of the Plan. 

Therefore, the Trustees, subject to objective criteria as may be determined and 

as may be communicated to the Trustees by one or more of the sponsoring 

parties and adopted by the Trustees, shall waive the application of this 

suspension-of-benefits rule, but only with respect to the performance of covered 

bargaining unit work for a contributing Employer in the jurisdiction of the Fund, 

when there is sufficient employment in the industry such that it can most 

effectively be performed by mobilizing Retirees to perform such bargaining unit 

work so as to not adversely affect the funding base of the Plan and where each 

Retiree provides the Trustees with prior written notice of his intention to return 

to Restricted Work. Subject to the general authority of the Trustees hereunder 

and specifically under this subsection (h}, benefits of retirees who return before 

the eighteenth month following their retirement will be suspended under this 

Section 3. 7 unless determined otherwise by the Trustees based on specific 

extraordinary needs in a specific industry or craft in a specific geographic 

location that cannot reasonably be met without the Trustees waiving suspension 

of benefits pursuant to this Section 3. 7. The Trustees shall separately determine 

whether each Retiree requesting waiver meets the requirements for waiver and a 

determination with respect to any one applicant Retiree shall not be construed as 

applicable to all Retirees in the same or similar circumstances. Each Retiree's 

request for a waiver shall be independently evaluated by the Trustees based on 

applicable waiver criteria. Any suspension of benefits waiver request by a 

Retiree employed by a tax-exempt Employer will be determined in accordance 

with applicable provisions of the Internal Revenue Code, as amended from time 

to time, in addition to the waiver criteria· and other requirements of this Section. 

To allow for the prompt administration of the application of this waiver of the 

suspension of benefit rule, the Chairman and Secretary are granted the authority 

to grant waivers to Retirees on a month to month basis with respect to Retirees 

returning to work in a particular industry and craft jurisdiction, subject to 

5 
MEP W:IFUNDS\mra:IDB-PEHS\AMENO\Fifth Plan Amend~ nl ro Suspension cf bonelil 811d Post-reUrement benefit aeauaf.dOC> 

6 

. CPTF-DV000330 ,, 
CPTF-DV000331

EFFECTIVE: JANUARY 1, 2019 

RECITALS 

WHEREAS, Article X, Section 4 of the Plan document of the Carpenters Pension Trust 

Fund - Detroit and Vicinity authorizes the Fund's Trustees to amend the Plan from time to time. 

Whereas, the Trustees wish to amend the Plan to provide technical clarifications and 

changes and updates to the non-credited contribution percentage for the various collectively 

bargained classifications. 

Accordingly, the Plan is amended as follows (additions are in bold italicized text and 

deletions are in strikeout text): 

* * * 

ARTICLE Ill 

NORMAL RETIREMENT BENEFITS 

* * * 

Section 3.2 Amount of Normal Retirement Benefit. Effective August 1, 2013, and for all 

accrued Hours of Service, the amount of the eligible Active Participant's monthly normal 

retirement benefit shall be that shown in subsection (b), of this Section. For a Vested Deferred 

Participant, the benefit rate at retirement shall be that established at such time the participant 

becomes inactive en the date the individual last \"las an i\oti'1e Participant. The amount of 

contributions so accrued include Employer contributions that were actually made on the 

Participant's behalf and those that were required to be so made. This amount may be 

actuarially adjusted to take into account the benefit form selected by the Active Participant, as 

provided in Section 3.4. The normal retirement benefit provided under this Section shall 

become nonforfeitable when the Participant satisfies all of the requirements for Normal 

Retirement as provided herein. Notwithstanding anything stated in this Section or elsewhere 

in this Plan, no contributions earmarked by the Plan Sponsors to go toward any purpose other 

than Accrued Benefits shall be taken into account in determining the amount of a participant's 

Accrued Benefit, as reflected in subsection (a), of this Section. All such non-credited 

contributions will be excluded from consideration in calculating benefits payable under this Plan, 

and therefore will not be included within the total aggregate Employer contributions accrued by 

the Active Participant used to compute benefits using the benefit multiplier. Further, all 

contributions transferred to this Fund pursuant to a reciprocity agreement will also be reduced 

by the then applicable non-credited contribution am(11. 1nt. 
CPTF-DV000332

to to to to to to to and 

5/30/07 5/30/08 5/30/09 5/30/10 5/30/11 5/30/12* 5/30/13 Thereafter 11 

Commercial 22% 16%1 23%3 37%6 45%8 52% 56.75% 61% 

Display 22% 16%1 23%3 37%6 45%8 52% 56.75% 61% 

Floorlayers 221⁄2% 16.5%1 28%4 42%7 51%9 56% 60.75% 61% 

Millmen 22% 35% 45% 45% 50% 50% 55.00% 61% 

Millwrights 23% 17%1.2 231⁄2%3,S 371⁄2%5,6 46%10 52% 57.50% 61% 

Liberty 23% 17%1,2 231⁄2%3,5 371⁄2%5,6 46%10 52% 57.50% 20%12 

Fabricating 

Roadbuilders 23% 17%1 231⁄2%3 371⁄2%6 46%8 53% 57.75% 61% 

All Others 22% 35% 45% 45% 50% 50% 55.00% 61% 

Residential 22% 35% 45% 45% 50% 50% 55.00% 61% 

Poured Wall 22% 35% 45% 45% 50% 50% 55.00% 61% 

*No maximum non-credited contribution is in effect for benefits accrued on or after June 1, 

2011. 

1. Up to a maximum of $1. 00 per hour. 

2. Millwright agreements with an increase in contributions of less than $1. 75 per hour will be 

35% non-credited with no maximum non-credited amount. 

3. Up to a maximum of $1.85 per hour. 

4. Up to a maximum of $2.00 per hour. 

5. Millwright agreements with an increase in contributions of less than $1. 75 per hour will be 

45% non-credited, with no maximum non-credited amount. 

6. Up to a maximum of $3.60 per hour. 

7. Up to a maximum of $3.75 per hour. 

8. Up to a maximum of $5.15 per hour. 

9. Up to a maximum of $5.30 per hour. 

10. Up to a maximum of $5.15 per hour, except that if the agreement does not provide for a 

contribution increase of at least $1.55 per hour, contributions will be 50% non-credited 

with no maximum non-credited amount. 

11. Residential and Poured Wall, effective August 1 of each year, instead of June 1. 

12. Effective only beginning on and after January 1, 2019. 

Once discounted, as provided above, the net contribution amount for the applicable period will 

then be multiplied by the appropriate benefit rate, as set forth is Subsection (b). 

(b) Effective for all Hours of Service accrued under this Plan, the normal 

retirement benefit is calculated as follows, based on the most recent date 

that the Participant was active and using Employer contributions earmarked 

for benefit accruals: 

For Participants who An amount equal to the following percent of total Employer 

were Active on or after contributions earmarked for benefit accruals for the 

the following date: Participant: 

2 
(vii) May 1, 1987 3.4% for hours prior to May 1, 1985, plus 3.6% for hours on 

and after May 1, 1985 

(viii) May 1, 1986 3.2% for hours prior to May 1, 1985, plus 3.4% for hours on 

and after May 1, 1985* 

(ix) May 1, 1985 the 2.6% rate used in the calculations under either (x1) or (xii) 

is increased to 3.2%* 

(x) May 1, 1984 the 2.6% rate used in the calculations under either (xi) or (xii) 

is increased to 2.9%* 

(xi) May 1. 1980 2.6%* 

(xii} April 30, 1980 the greater of (A) 2.75% of the first $15,000 of contributions 

plus 3% of the next $19,600 of contributions or (8) 2.6% of 

such contributions* 

(xiii) May 1, 1979 2.75% of the first $15,000 of contributions plus 3% of 

contributions in excess of $15,000, but not less $35.00 per 

month or more than $900.00 per month* 

(xiv) May 1, 1976 2. 75% of contributions, but not less than $35.00 per month or 

more than $650.00 per month (increased to $800.00 on and 

after May 1, 1977)* 

~For those who were also Active Participants on April 30, 1969, the amount will be the greater of 

the amount calculated according to the applicable formula or 3.5% of the first $4,300 of such 

contributions plus 1.5% of contributions in excess of $4,300. 

* * * 

Except as has b~er~nded, the Plan shall remain in full force and effect. 

Adopted on ¢'/Ul :.,.e..- /2,_.. , 2018. 

CPTF-DV000333 
CPTF-DV000334

RECITALS 

WHEREAS, Article X, Section 4 of the Plan document of the Carpenters Pension Trust 

Fund-Detroit and Vicinity authorizes the Fund's Trustees to amend the Plan from time to time. 

WHEREAS, the Trustees desire to amend the Plan to promote efficiency by requiring that 

Participants and beneficiaries with claims-related disputes use all applicable Plan administrative 

remedies benefits and benefits and other contract-based claims to be brought promptly by revising 

the claims and appeals procedures. 

Accordingly, the Plan is amended as follows (additions are in bold italicized text and 

deletions are in strikeout text): 

* 

* 

Section 9.9 Judicial Review. 

* 

ARTICLE IX 

APPEALS 

* 

* 

* 

(a) A claimant must exhaust all available appeals under this Article prior to filing a civil 

judicial action seeking external review of any decision(s) rendered by the Trustees. 

Exhaustion of internal Pla11 remedies shall hejurisdictio11al to any judicial action to the 

extent permitted by ERISA a11d federal law. In the case of the failure of the Trustees to 

follow claims procedures co11sistent with the requireme11ts of ERISA, a claimant shall 

he deemed to have exhausted the administrative remedies available under the Plan and 

shall he e11titled to pursue any available remedies under Section 502(a) of ERISA, as 

limited below, on the basis that the Plan has failed to provide a reasonable claims 

procedure that would yield a decision on the merits of the claim. 
CPTF-DV000335

procedures (or regulations governing those claims procedures) is a final adverse benefit 

determination for purposes of this one (1) year limitation on the day following tlte last 

day for timely filing such request/or review or appeal 

The above one (1) year limitation shall supersede any limitation period otherwise 

imposed by federal common law, provided the Board of Trustees will he hound by a 

contrary final judicial determination with respect to a specific claimant, hut only with 

respect to a specific claimant(s), hut only with respect tltatltliose specific claimant(s). 

After the expiration of the above period, no further action for benefits or clarification 

to right to future benefits, however characterized or of whatever nature, may he 

brought by (or on behalf oj) such Participant(s) or beneficiary(ies) and such decision, 

including any adverse benefit determination, will be final and binding. A claimant 

shall he precluded from presenting evidence in any legal action that was not timely 

presented to the Trustees as part of the Plan's review process and timely 

determinations under this Article. 

(c) A Participant or Beneficiary who seeks to enforce specific Plan provisions must bring a 

legal action (including, hut not limited to, a civil action 11nder Section 502(a) of ERISA) 

within one (1) year following the date on which the claim to enforce such provisi01z 

accrues under federal common law. The above one (1) year limitation shall s11persede 

any limitation period othenvise imposed by federal common law, provided the Board of 

Trustees will he hound by a final contrary judicial determination with respect to a 

specific Participant(s) or Beneficiary(ies), but only with respect to tlte specific 

Participant(s) or Beneficiary(ies). After the expiration of the above one-year period, 110 

further action to enforce Plan provisions, however characterized or of whatever nature, 

may he bro11ght and such decision, includillg any adverse benefit determination, will be 

final and binding. 

(d) Notwithstanding anything in the Plan or Trust to the contrary, the provisio11s of 

suhparagrap/1s (a), (h) and (c) above shall be severable and the invalidity of all or part 

of such provisio11s shall not affect the validity a11d enforceability of the remainder of 

such provisions. 

* * * 

Except as has been hereby amended, the Plan shall remain in full force and effect. 

Adopted on l="@"3{.l.tf AQH 7 , 2019. 

2 
AAD.ldm.W:\FUNDS\mrcc\DB-PENSIAMEND\7th Amendment SOL and Judicial Review Final.docx 

3 

CPTF-DV000336 
CPTF-DV000337

RECITALS 

WHEREAS, Article X, Section 4 of the Plan document of the Carpenters Pension Trust 

Fund - Detroit and Vicinity authorizes the Fund's Trustees to amend the Plan from time to time. 

Whereas, the Trustees wish to amend the Plan to provide technical clarifications 

regarding the early retirement reduction for certain survivor annuities and vesting. 

Accordingly, the Plan is amended as follows, effective as of the date set forth above 

(additions, here added after the second full paragraph of Article X, are in bold italicized text 

and deletions are in strikeout text): 

* 

* 

* 

ARTICLE VI 

DEA TH BENEFITS 

* 

* 

* 

Section 6.2 Amount of Active Participant's Death Benefit. The amount and form of 

payment of death benefit due a Beneficiary of a non-retired Active Participant, shall be 

determined by the marital status of the Active Participant and the number of Years of Service 

accrued prior to the date of death, in accordance with the following: 

* * * 

(b) Married Active Participant Prior to Retirement. Upon the death of a married, 

non-retired Active Participant who was not eligible for any retirement benefits at 

the time of his death, his Spouse shall be eligible for the following death benefits: 

(i) Vested Participant. If the Participant was vested in any part of his 

Accrued Benefit, and died before August 1, 2013, his Spouse shall be 

eligible to elect either (A) a lump sum death benefit calculated in 

accordance with Section 6.2(a)(i)(B), or (8) a pre-retirement survivor 

annuity equal to 100% of the benefit the Participant would have received 

if he had survived to his earliest retirement age and retired with 100% 

joint and survivor annuity. Effective for deaths occurring on or after 
CPTF-DV000338

preceding sentence, the appropriate early retirement reduction for 

an Active Participant who does not meet the Index 80/85 eligibility 

requirements under Section 4. 1 at the time of his death will be 

determined pursuant to Section 4.2(c)(ii). Effective for deaths 

occurring on or after August 1, 2013, no additional pre-retirement death 

benefits will be payable hereunder. The pre-retirement or post retirement 

survivor annuity shall be the sole benefit provided by the Fund. If the 

Spouse dies before receiving the pre-retirement survivor annuity, then her 

beneficiary will receive 100% of the aggregate Employer contributions 

received on such Participant's behalf, adjusted for the Participant's vested 

status and subject to any lump sum payment restrictions. 

* 

* 

* 

ARTICLE VII 

VESTED DEFERRED BENEFITS 

* 

* 

* 

Section 7.1 Vesting. Any Participant who becomes inactive prior to reaching his Normal 

Retirement Age, shall be vested in his Accrued Benefit, based on the benefit rates in effect at 

the time such Participant becomes inactive, in accordance with the following vesting provisions: 

Years of Vesting Service Percent Vested 

1 0% 

2 0% 

3 20% 

4 40% 

5 60% 

6 80% 

7 100% 

Any Participant that satisfies the applicable age requirements for a normal retirement benefit 

shall automatically become 100% vested in his Accrued Benefit, regardless of the number of 

Years of Vesting Service then accrued:- Notwithstanding the above, the vesting schedule 

2 
* * • 

Except as has b#reby ~the Plan shall remain in full force and effect. 

Adopted on 7'1 , 2019. 

W:\FUNOS\mrcc\DB-PENSIAMEN0\8th Plan Amend - technical clarifications.doc 

3 

CPTF-DV000339 
Michigan Regional 

Council of Carpenters 

PENSION TRUST FUND 

DETROIT AND VICINITY 

Summary Plan Description 

January 1, 2017 

CPTF-DV000340 
CARPENTERS PENSION TRUST FUND -

DETROIT AND VICINITY 

SUMMARY PLAN DESCRIPTION 

Effective January 1, 2017 

Prepared by: 

NOVARA TESIJA, P.L.L.C. 

2000 TOWN CENTER, SUITE 2370 

SOUTHFIELD, Ml 48075-1314 

(248) 354-0380 

e-mail: nt@liovaratesiia.com 

~6S 

CPTF-DV000341 
CARPENTERS PENSION TRUST FUND

DETROIT & VICINITY

SUMMARY PLAN DESCRIPTION

Table of Contents

DESCRIPTION PAGE 

Letter to the Participant ................................................................................................................2 

Section I: Introduction to Your Plan ..........................................................................................3 

Section II: General Information ..................................................................................................3 

Section III: Plan Participation .....................................................................................................8

Section IV: Vesting .....................................................................................................................10

Section V: Benefit Accrual .........................................................................................................14

Section VI: Types of Benefits .....................................................................................................16

Section VII: Benefit Claims ........................................................................................................27

Section VIII: Other Plans ...........................................................................................................31

Section IX: Amendments and Termination ..............................................................................32

Section X: Benefit Examples ......................................................................................................33

Section XI: Circumstances That Could Affect Your Benefits ................................................39

Section XII: Interpretation ........................................................................................................40

1

CPTF-DV000342
Dear Participant:

We are pleased to furnish you with this benefit booklet, describing your pension benefits under the 

Carpenters Pension Trust Fund – Detroit and Vicinity, sponsored by the Michigan Regional Council of 

Carpenters and various employer associations. 

Since this booklet contains important information about your pension and related benefits, we urge you to 

carefully review the entire booklet so that you can become more familiar with the types and amounts of 

benefits which may become available to you, or your family, in the future.

Although this booklet provides accurate and essential information about your Pension plan, you should 

understand that it is not a complete description. If there is ever a conflict between this booklet and the 

pension plan, the plan document will control. 

Your booklet has been prepared in such a manner that we hope it will be easily understood. However, 

because some of the provisions of the Plan are complex, they cannot be fully described in simple terms and 

there may be certain portions that you do not completely understand. If this occurs, please feel free to 

contact the fund office for an explanation, or for additional information.

We will make every effort to continue to administer your pension plan in such a way that it can have the 

greatest benefit for you and your family in future years. We hope that the pension plan will allow you to 

remain financially secure during your retirement years. 

You will be notified of any future material changes to this booklet. In the meantime, after you have 

reviewed the booklet, we urge you to keep it in a safe place for future reference. 

Board of Trustees

Carpenters Pension Trust Fund - 

Detroit and Vicinity

2

CPTF-DV000343
SECTION I 

INTRODUCTION TO YOUR PLAN

The Carpenters Pension Trust Fund- Detroit and Vicinity, sometimes referred to as the Pension 

Fund or Fund throughout this document, is a defined benefit pension plan. This means that you earn the 

right to receive a monthly benefit payment from the Pension Fund upon reaching retirement age. A 

defined benefit pension fund locks in your monthly pension benefit payment guaranteeing you the right to 

receive a specific dollar amount once you have met the pension fund’s requirements. Even if the pension 

fund becomes insolvent, you are still guaranteed to receive a portion of your benefit through insurance 

coverage provided by the Pension Benefit Guaranty Corporation.

Before reviewing the details of the Pension Fund’s operation, it is worthwhile for you to have a 

basic overview of how the plan works. You must first meet the requirements for becoming a plan 

Participant by working a sufficient number of hours for an employer that is required to make 

contributions on your behalf. After you become a plan Participant, you begin earning your monthly 

benefit amount, referred to as your accrued benefit. Your accrued benefit is a percentage of the 

contributions made by your employers. You are not, however, entitled to receive an accrued benefit until 

you meet the Pension Fund’s vesting requirements. For each year during which you are credited with a 

sufficient number of hours, you will earn a vesting year. When enough vesting years are earned, you will 

be entitled to receive benefits at retirement age even if you do not perform additional work. The more 

vesting years you earn, the greater the percentage of your accrued benefit you are entitled to receive at 

retirement age. 

Under the terms of the plan you may also become eligible to receive early retirement or disability 

benefits. Eligibility for these benefits is generally contingent upon the number of credit years that you 

have earned. Credit years differ from vesting years. In order to earn a credit year you must perform 

sufficient hours of service for an employer that is obligated to make contributions on your behalf. In 

contrast, a vesting year may be earned for contingent service with an employer otherwise obligated to 

make contributions to the Pension Fund, but not for the particular work that you are performing. 

A more detailed description of these provisions follows below, but we hope that this overview 

helps you find the information that you need. 

SECTION II 

GENERAL PLAN INFORMATION

2.1 GENERAL PLAN INFORMATION

The Carpenters’ Pension Trust Fund-Detroit and Vicinity was created through collective 

bargaining, and is a defined benefit pension plan, which is subject to the Employee Retirement Income 

Security Act of 1974 (ERISA). It is sponsored by your Union and participating employers and 

administered by a Board of Trustees. Half of the Trustees are designated by the Sponsoring Employer 

Associations, and the other half of the Trustees are designated by the Michigan Regional Council of 

Carpenters.

Regular payments are made by your employer on your behalf to the Fund. The amount of 

contributions is based on rates negotiated through collective bargaining based upon the number of hours 

3

CPTF-DV000344
that you work and the gross wages that you receive. These employer contributions are the foundation of 

the Pension Fund.

Participants and beneficiaries may receive from the Plan Administrator, upon written request, 

information as to whether a particular Employer or Employee organization is a sponsor of the plan and, if 

the Employer or Employee organization is a plan sponsor, the sponsor’s address. The Plan is maintained 

pursuant to various collective bargaining agreements, and a copy of the agreements may be obtained by 

Participants and beneficiaries upon written request to the Plan Administrator, and is available for 

examination by Participants and beneficiaries, as required by 29 CFR §§ 2520.104b-1 and 2520.104b-30.

The Fund is administered by a third party Plan Administrator pursuant to a contractual agreement, 

whose information is below. 

A complete list of the employers and employee organizations sponsoring the Plan may be 

obtained by Participants and Beneficiaries upon written request to the Plan Administrator, and is available 

for examination by Participants and Beneficiaries. Participants and Beneficiaries may receive from the 

Plan Administrator, upon written request, information as to whether a particular Employer is a sponsor of 

the Plan and, if the Employer is a plan sponsor, the sponsor's address. 

. 

Your Plan’s Federal Tax Identification Number is 38-6242188. The Plan number is 001.

2.2 PLAN ADMINISTRATOR INFORMATION

The Plan is administered by the Trustees who have retained the following Plan Administrator:

BeneSys, Inc. P.O. Box 4540 

Troy, MI 48099-4540 

Phone (248) 641-4950 

Fax (248) 813-9898

Toll Free (800) 572-2525

The Plan Administrator keeps the records of the Plan and is responsible for its administration. 

The Administrator will answer any questions you may have about your Plan.

2.3 PLAN TRUSTEE INFORMATION

Employer Trustees Union Trustees

Robert Halik Michael Jackson, Sr.

Turner-Brooks, Inc. Michigan Regional Council of Carpenters

28811 John R., P.O. Box 71425 400 Renaissance Center, Suite 1010

Madison Heights, MI 48071-0425 Detroit, MI 48243

(248) 548-3400 (313) 832-1595

Steve Strzalkowski Dick Reynolds

Starky’s Construction Michigan Regional Council of Carpenters

P.O. Box 127 400 Renaissance Center, Suite 1010

New Baltimore, MI 48047 Detroit, MI 48243

(586) 648-6372 (313) 832-1595

4

CPTF-DV000345
Thomas M. Woodbeck Rich Williamson

Overhead Conveyor Company Interior Systems Local 1045

1330 Hilton Road 23401 Mound Road

Ferndale, MI 48220 Warren, MI 48091

(248) 547-3800 (586) 756-2111

Ron Urbanczyk Michael Barnwell

Huron Acoustic Tile Co. Millwrights Local 1102

P.O. Box 46445 23401 Mound Road

Mt. Clemens, MI 48046 Warren, MI 48091

(586) 783-1625 (586) 756-3610

Todd Doenitz Bart Nickerson

Barton Malow Company Michigan Regional Council of Carpenters

26500 American Drive 400 Renaissance Center, Suite 1010

Southfield, MI 48034 Detroit, MI 48243

(248) 624-1565 (313) 832-1595

2.4 LEGAL COUNSEL

Novara Tesija, P.L.L.C.

2000 Town Center, Suite 2370 

Southfield, MI 48075-1314 

Phone (248) 354-0380 

Fax (248) 354-0393

2.5 SERVICE OF LEGAL PROCESS

BeneSys, Inc., the Plan Administrator, has been designated as the recipient for service of process:

BeneSys, Inc.

700 Tower Drive, Suite 300

Troy, MI 48098-2808

Service of legal process may also be accomplished upon any Plan Trustee.

2.6 PARTICIPANT STATEMENTS

To enable you to check on your contributions, the Trustees have instructed the Pension Fund 

office to send monthly notices of contributions to you. These notices should show the amount of 

contributions received on your behalf by the Pension Fund. Normally, the notices are mailed about the 

middle of the month following the month in which the contributions are received and recorded. For 

example, if you work in June for an Employer, those contributions are due in July and you should receive 

your monthly notice showing receipt of such contributions about the middle of August.

If no notice is received for a month in which you worked, it may be that your Employer did not 

submit a timely payment or did not furnish your correct Social Security number on the reporting form. In 

any event, it is in your best interest to check on the matter immediately so that, if contributions have been 

made, they will be properly credited to you and, if they have not been made, timely action can be taken to 

attempt to collect them from your Employer.

5

CPTF-DV000346
You will also be provided with a statement of benefits at least once each calendar year, or at such 

other intervals as may be required by the law. 

2.7 GOVERNMENT INSURANCE 

Your pension benefits under this multiemployer Plan are insured by the Pension Benefit Guaranty 

Corporation (PBGC), a federal insurance agency. A multiemployer plan is a collectively bargained 

pension arrangement involving two or more unrelated employers, usually in a common industry.

Under the multiemployer plan program, the PBGC provides financial assistance through loans to 

plans that are insolvent. A multiemployer plan is considered insolvent if the plan is unable to pay benefits 

(at least equal to the PBGC's guaranteed benefit limit) when due.

The maximum benefit that the PBGC guarantees is set by law. Under the multiemployer 

program, the current maximum benefit is: (1) 100% of the first $11 of the monthly benefit rate, plus (2) 

75% of the next $33 of the monthly benefit rate, times (3) your years of service. The PBGC’s maximum 

guarantee limit is $35.75 per month multiplied by a Participant’s years of service. For example, the 

maximum annual guarantee for a retiree with 30 years of service would be $12,870. These amounts 

change from time to time.

The PBGC guarantee generally covers: (1) Normal and early retirement benefits; (2) disability 

benefits if you become disabled before the Plan becomes insolvent; and (3) certain benefits for your 

survivors.

The PBGC guarantee generally does not cover: (1) Benefits greater than the maximum 

guaranteed amount set by law; (2) benefit increases and new benefits based on plan provisions that have 

been in place for fewer than 5 years at the earlier of: (i) The date the plan terminates or (ii) the time the 

plan becomes insolvent; (3) benefits that are not vested because you have not worked long enough; (4) 

benefits for which you have not met all of the requirements at the time the plan becomes insolvent; and 

(5) non-pension benefits, such as health insurance, life insurance, certain disability and death benefits,

vacation pay, and severance pay.

For more information about the PBGC and the benefits it guarantees, ask your Plan Administrator 

or contact the PBGC’s Technical Assistance Division, 1200 K Street, N.W., Suite 930, Washington, D.C. 

20005-4026 or call 202-326-4000 (not a toll-free number). TTY/TDD users may call the federal relay 

service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4000. Additional information 

about the PBGC's pension insurance program is available through the PBGC's website on the Internet at 

http://www.pbgc.gov. 

2.8 RECIPROCITY ARRANGEMENTS AND OTHER FUNDS

The Carpenters’ Pension Trust Fund - Detroit and Vicinity participates in two basic types of 

reciprocity arrangements with other pension plans like this:

a. Money follows the Man: Under the so-called “money follows the man” reciprocity

arrangements, contributions earmarked for transfer to your Home Fund are sent so that

you receive credit for the transferred contributions in your Home Fund, under that Fund’s

rules.

6

CPTF-DV000347
Generally, you must request the transfer to be made on your behalf, and you must do so promptly 

after you have worked in the jurisdiction of another Fund. Transfer request forms are available from your 

Local Union, the Michigan Regional Council of Carpenters, or the Fund Office.

b. Pro Rata: Under the International Union’s pro-rata agreement, if you work in the 

jurisdiction of another pension plan or plans which are party to that agreement, you may 

be entitled to receive a partial pension from each such plan at retirement. No 

contributions are transferred under this arrangement since all signatory plans give you a 

partial pension, but count your total vesting years accrued under all of the signatory 

plans. Note that vesting years, not credit years, are counted. Thus, this service will not 

be counted towards eligibility for early retirement or disability benefits.

This Fund also maintains an automatic reciprocity arrangement with the Michigan Carpenters 

Pension Fund that specifically covers uncredited contributions. The Trustees are always evaluating 

reciprocity arrangements with other pension plans. If you wish to know if there is any reciprocity 

arrangement with any other particular pension fund or have any questions about reciprocity, please 

contact the Fund Office.

2.9 FINANCING AND FUNDING MEDIUM

Participating employers make contributions on your behalf for all eligible work, and those 

contributions, along with investment returns, pay for all retirement benefits. The Fund is administered by 

the Trustees to invest contributions to the Plan and to pay benefits as they become due. Your benefits are 

paid by the Fund. The Fund’s assets are held in trust by the Trustees. 

2.10 TERMS AND DEFINITIONS

Before we can talk about the benefits available from this Pension Trust Fund, we need to be sure 

that we all have a common understanding of some of the words and phrases that will be used throughout 

this booklet. These terms and their definitions are important because they will often contain restrictions 

that may affect your eligibility, or the calculation and payment of your benefits.

a. ACTIVE PARTICIPANT: An Active Participant is an Employee who has acquired, or is in 

the process of acquiring eligibility to receive benefits according to the terms of the 

Pension Plan and has not suffered a two-year break in service.

b. CONTRIBUTING EMPLOYER: A contributing Employer is any company whose scope of 

work falls under the jurisdiction of the Michigan Regional Council of Carpenters and has 

agreed to make contributions to the Pension Fund. Any Participant may receive, upon 

written request to the Fund Office, information about whether a particular Employer is 

contributing to the Pension Fund and, if so, the Employer’s address. The union, 

association and other fringe benefit funds can also be contributing Employers.

c. CREDIT YEAR: Your eligibility for certain retirement benefits is determined by the 

number of credit years that you earn. For each Plan Year in which you work 435 or more 

hours of service, or for which contributions are required to be made to the Pension Fund,

you will earn one credit year. No more than one credit year may be accrued in a single 

plan year. Credit years, as compared to vesting years (defined later) are principally used 

to determine eligibility for early retirement and disability benefits.

7

CPTF-DV000348
d. CREDITED EMPLOYER CONTRIBUTION: Credited Employer contributions are dollars 

and hours which are credited by the Fund on your behalf for purposes of determining the 

amount of your benefit. Not all service results in credited Employer contributions, as 

explained later. 

e. HOUR OF SERVICE: An hour of service is an hour with which you are credited under the 

Plan, as a result of work for a contributing Employer. It is a legal term used to comply 

with certain federal regulations. For every 435 hours of service performed by you, you 

will be credited with a year of vesting service. Keep in mind that in addition to vesting 

service, the Pension Fund also keeps track of credited service. The main difference is 

that hours of service for which Employer contributions are paid, (or required to be paid) 

are generally counted towards credited service. Vesting service, on the other hand, takes 

into consideration not only those hours of service, but also hours of service that you may 

perform in what is known as “contiguous” service, i.e., certain types of work for which 

no contributions are required to be made. Hence, it is possible to accrue a year of vesting 

service, but not a full year of credited service, because of the difference in how the two 

types of service are treated.

f. INACTIVE PARTICIPANT: An Inactive Participant is a person who was an Active 

Participant, but has left employment that is covered by the Plan (performed no hours of 

service in such employment) for two consecutive plan years. As an Inactive Participant, 

you do not terminate your participation in the Plan unless you suffer a permanent break in 

service –i.e., earn less than 435 hours of service in each of five consecutive plan years.

g. PENSION PLAN: The Pension Plan is the written document (together with all previous 

plans, amendments, modifications and policies) which has been developed by the 

Trustees and which determine the benefit rights of Active Participants, Inactive 

Participants, retirees, and their beneficiaries. 

h. PLAN YEAR: The Plan Year is a consecutive 12 calendar month period which is used for 

Plan record keeping. It begins on May 1 and ends on the following April 30 of every 

year.

i. VESTING YEAR: Vesting refers to the portion of your benefit that you will be entitled to 

receive at retirement, if you leave covered employment before that time. Each Plan Year 

during which you earn 435 or more hours of service (in covered employment and 

contiguous service discussed earlier) you will be credited with one vesting year.

SECTION III

PLAN PARTICIPATION

Before you begin earning benefits, you must first become a Plan Participant. There are a number 

of different Participant classifications. Depending upon the number of hours worked and whether 

contributions were required for the work, your participation classification may change. The following 

rules apply in order to qualify for participation in the Plan:

8

CPTF-DV000349
If you are represented by the Michigan Regional Council of Carpenters, or one of its affiliated 

locals, and the Collective Bargaining Agreement covering you requires that your Employer contribute to 

this Pension Fund, you become a Participant in the Plan when you meet the following eligibility 

requirements to become an Active Participant. Once you become an Active Participant you will begin 

earning the right to receive future benefits from the Fund. 

3.2 ACTIVE PARTICIPANT

You will become an Active Participant when you have worked a total of 870 hours of credited 

service in any two consecutive Plan Years for an Employer or Employers that are required to make 

contributions to the Pension Fund for the work that you are performing. You will be considered an 

Active Participant on the first day of the two year period in which you meet the hour requirement. So, if 

you work 870 hours between May 1, 2015 and April 30, 2017, you will be considered a Participant as of 

May 1, 2015. 

3.3 INACTIVE PARTICIPANT

If, after becoming an Active Participant, you do not earn any hours of credited service for two 

consecutive plan years, you are considered to be an Inactive Participant at the end of the second such Plan 

Year. You will not be considered an Inactive Participant, however, if you failed to accrue the necessary 

hours of credited service for those two Plan Years because you are disabled and are receiving disability 

benefits from this Fund. Inactive Participant status means that the only benefits that you are eligible to 

receive are those benefits in which you are fully or partially vested, calculated in accordance with the 

terms of the Plan in effect at the time that you become inactive, to the extent the Plan is not otherwise 

amended. 

3.4 TERMINATED PARTICIPANT

If you are an Active or Inactive Participant who is not partially or fully vested and you accrue five 

consecutive non-credit years you will be considered to have terminated your participation in the Plan. A 

non-credit year is also referred to as a break in service. Each Plan Year during which you earn less than 

435 hours of service will be a non-credit year. 

3.5 VESTED DEFERRED PARTICIPANT

If you are partially or fully vested in any portion of your accrued benefit, and accrue two 

consecutive Plan Years with no hours of credited service, you will be considered a vested deferred 

Participant, meaning you will be eligible to receive pension benefit payments at a later date, regardless of 

whether you ever perform further work for which contributions are required to be made to the Fund. 

3.6 ALUMNI EMPLOYEES

When you leave employment covered by the Plan, but continue to work for a contributing 

Employer, you may be allowed to continue participating in the Plan as a so-called “alumni employee,” 

provided that you had at least one year of credited service as an Active Participant and that your 

Employer has signed an alumni participation agreement with the Fund. A number of restrictions apply to 

such participation by alumni employees, which are described in the Employer’s participation agreement.

8 

 

 

 

 

3.1 QUALIFICATION

9

CPTF-DV000350
3.7 MERGED PLANS

If you participated in another pension plan that has merged with this Plan, your pre-merger 

participation, eligibility and benefits will be governed by such merged plan as it existed on the merger 

date. Post-merger benefits are determined under this Plan.

3.8 PRIOR PLANS

When you lose your Active Participant status, your eligibility and benefit rights will be 

determined under the terms of the Plan as it existed at the time you ceased being an Active Participant, to 

the extent the Plan is not otherwise amended. 

SECTION IV

VESTING

The Plan uses a number of rules to determine if you are vested in the amount of your retirement 

benefit. Once you are vested in your benefit amount, you will be entitled to receive that benefit when you 

reach retirement age regardless of whether you perform further service.

4.1 VESTED SERVICE

Vested service means that you have earned the right to certain benefits which can never be taken 

away from you, even if you stop working for contributing Employers and leave the trade. If you become 

an Inactive Participant, the Fund will, upon application, determine for you the exact amount of the 

benefits in which you are vested.

4.2 VESTING YEAR

You accrue a vesting year for each year that you earn at least 435 hours of service in covered 

employment, for which contributions are required to this Plan by a contributing Employer. Certain noncovered employment, such as work for one or more contributing Employers which is outside of the 

bargaining unit represented by the Michigan Regional Council of Carpenters, or for an Employer which 

has a Collective Bargaining Agreement with the Michigan Regional Council of Carpenters, but is not 

required to contribute to the Fund, will also be taken into account for vesting purposes (but not for 

credited service purposes). Work in such non-covered employment is known as contiguous service. This 

is the only instance in which non-covered employment counts under the Plan.

10

CPTF-DV000351
4.3 VESTING

The percentage of your benefit to which you will be entitled if you terminate your participation in 

the Pension Plan before becoming eligible for retirement benefits depends on the number of years of 

vesting service that you had accrued at the time you became an Inactive Participant, or if you are an 

Active Participant, at the time that you retire. Effective on May 1, 1997, the following vesting rates apply 

to all Active Participants and Inactive Participants who are at least partially vested and return to covered 

employment on or after that date:

Years of Vesting Service Vesting Schedule 

(effective On or After 5/1/97)

1 0%

2 0%

3 20%

4 40%

5 60%

6 80%

7 100%

Example:

Assume that you work on or after May 1, 1997, for various contributing Employers for six plan 

years and accumulate six vesting (and credit) years and then you stop working with the tools and become 

a superintendent for a contributing Employer. You work 435 or more hours in that capacity (non-covered 

employment) in each of the next two Plan Years before you go to work in some other industry. 

At the time you stopped working with the tools, you are 80% vested because you earned six 

vesting years – see the vesting schedule above. If your total accrued monthly benefit is $1,000.00, then 

the amount in which you are vested at that time is $800.00 (80% of $1,000.00). Because you accrue two 

more vesting years (but not credit years) as a superintendent, even though no additional contributions are 

received, you now have eight vesting years when you leave the industry and the amount in which you are 

then vested is $1,000.00 (100% of $1,000.00). Unless you return to work for a contributing Employer, 

$1,000.00 will remain your basic vested monthly benefit amount, which may be subject to further 

adjustment for early retirement or survivor benefits, when you retire. 

 

4.4 CREDITED SERVICE

Your eligibility for retirement benefits is determined by the number of credit years you earn. For 

each Plan Year in which you work 435 or more hours, covered by the Union’s Collective Bargaining 

Agreement, which requires contributions to this Pension Fund, you will earn one credit year. No more 

than one credit year may be accrued in a single Plan Year. No contiguous service, i.e., employment for 

which no contributions are due, will be considered for credited service purposes. Such contiguous service 

is only considered for vesting purposes, as explained earlier. An exception is made for service earned in 

Canada, between January 1, 1974 and December 31, 1976, as more specifically described in the Pension 

Plan. 

 

 

 

 

11

CPTF-DV000352
 

 

4.5 NON-CREDIT SERVICE

Each Plan Year in which you accrue fewer than 435 hours of credited service in covered 

employment and, therefore, fail to earn a credit year, is a non-credit year. If you accrue five consecutive 

non-credit years, you will suffer a permanent break in service. Your non-vested credit years will then be 

canceled and you will no longer be considered a Participant. You will not accrue a non-credit year if the 

reason that you do not work in covered employment is because (a) you are serving in the armed forces of 

the United States or (b) you are employed by the Michigan Regional Council of Carpenters, any of its 

affiliated Locals, an unaffiliated labor organization or the state or federal Department of Labor. Absences 

related to disability, military service, pregnancy, childbirth or adoption of a child will ordinarily not result 

in a non-credit year being accrued, but it is necessary that you notify the Fund Office 90 days in advance 

of any such absence or, if you can show good cause for the delay, later (but no more than 30 days after the 

end of the Plan Year in which the absence occurred).

4.6 REEMPLOYMENT

When you are no longer an Active Participant, there are a number of ways that you can restore 

your pre-break service and benefits, depending upon your particular classification.

 Inactive Participant: If you are no longer an Active Participant, but have not suffered a 

permanent break in service (i.e., have not suffered five consecutive one year breaks in service) or 

received a cash-out benefit, you can become an Active Participant again by earning at least 435 

hours of credited service in a two consecutive Plan Year period. You shall become an Active 

Participant retroactive to the first day of the first Plan Year of that two consecutive Plan Year 

period. Your pre-break vesting and credited service will be restored if you reactivate participation 

in the Plan before suffering a permanent break in service.

 Terminated Participant: If you have suffered a permanent break in service (i.e., suffered five 

consecutive one year breaks in service) before becoming partially or fully vested, you can 

become an Active Participant again by earning at least 870 hours of credited service in any two 

consecutive Plan Years. Your pre-break vesting and credited service will be restored only if you 

earn at least three years of vesting service after becoming an Active Participant, or you accrue at 

least 5,000 hours of credited service before suffering another permanent break in service, 

whichever occurs first.

 Pre-ERISA (May 1, 1976) Cashout: If a Former or Terminated Participant who had accrued at 

least 435 Hours of Service in any one Plan Year prior to May 1, 1976, becomes an Active 

Participant on or after May 1, 1996, he may reinstate all forfeited Years of Vesting and Credited 

Service accrued prior to May 1, 1976. All Employer contributions made on such Participant’s 

behalf prior to May 1, 1976, that were not previously distributed to him as a “cash-out” benefit, 

will be taken into account for purposes of benefit calculations hereunder. Those contributions 

which were cashed out need not be repaid, nor will they be considered for benefit calculation 

purposes hereunder.

12

CPTF-DV000353
 Post-ERISA (May 1, 1976) Cashout: If you received a lump sum disability or deferred vested 

payment on or after May 1, 1976, you may be eligible to reinstate your Years of Credited Service 

and employer contributions. You must return to covered employment and perform 435 Hours of 

Credited Service in a Plan Year on or after May 1, 1987. In addition, you must repay the amount 

of the lump sum payment, with 5% interest compounded annually, from the date of payment to 

the date of repayment. Repayment must be made before you accumulate five consecutive Years 

of Credited Service.

 Vested Deferred: A fully or partially vested Participant who loses his Active Participant status 

will become an Active Participant again upon earning at least 435 hours of credited service in any 

one Plan Year, and all pre-break vesting and credited service will then be taken into account as if 

he never ceased being an Active Participant. Vested deferred Participants who fail to cure a 

break in service by working 435 hours in the two years prior to their retirement will have their 

retirement benefit amount reduced at the rate of 5/9% per month (6.67% per year) for each month 

before age 65. 

4.7 VESTING AND INACTIVE PARTICIPATION 

When you become an Inactive Participant, you may be entitled to receive either a lump sum 

payment or a deferred benefit when you reach normal retirement age and make the appropriate 

application. 

If the lump sum equivalent of your basic vested amount is less than $5,000, upon proper 

application, the Fund will pay you the lump sum benefit when you become eligible. If the lump sum 

equivalent is $5,000 or more, you are only eligible to receive your vested monthly benefits (not lump 

sum) when you meet the requirements for either normal or early retirement benefits, as in effect when you 

ceased being an Active Participant. If you become an Inactive Participant, you should file an application 

with the Fund, which will provide you with a statement showing the exact amount of benefits in which 

you are vested as soon as the amount can be determined.

4.8 MILITARY SERVICE

If you are a member of the military, including a reservist or national guardsman and are called to 

active service for at least three consecutive months, but not more than five years, then return to work 

within 12 months after your active service ends (three months in case of National Guard Service), you 

will be given credit for such service for pension purposes. The credit you are given will be based on the 

average number of hours you worked each month during the three plan years or the 12-month period just 

before you entered the service, whichever number is higher. If you first participated in the Plan for less 

than three Plan Years before you entered such service, then your credit will be based on the monthly 

average for the time you participated or the 12-month period just before you entered the service, 

whichever number is higher. Your vesting years and benefit credit will be calculated as though you had 

worked those hours for a contributing Employer and contributions had been received by the Fund while 

you were in military service. You will have to give the Fund Office a copy of your discharge papers and 

supply other information which may be needed to verify that you qualify for such military service credit.

For all death and survivor benefits available under the Plan, an Active Participant who enters 

military service and then dies while on qualified military leave shall be treated by the Plan as having been 

actively employed at the time of his or her death.

13

CPTF-DV000354
SECTION V 

BENEFIT ACCRUAL

The amount of your monthly normal retirement benefit is a percentage of the total amount of your 

credited Employer contributions. Depending upon the period during which these contributions were 

earned, a different percentage rate (or amount) will be applied to credited contributions for that period. 

Beginning on June 1, 2006, a percentage of hourly contributions paid by your Employer during 

each Plan Year are deemed uncredited to ensure that the Pension Fund is well-funded in future years. The 

following percentages (or amounts) of the hourly contributions owed or paid by your Employer are not 

considered for benefit calculations (non-credited contributions). The specific percentage of non-credited 

contributions depends upon the applicable year and the applicable Collective Bargaining Agreement. The 

following chart summarizes the non-credited percentages:

6/1/06

to

5/30/07

6/1/07

to

5/30/08

6/1/08

to

5/30/09

6/1/09

to

5/30/10

6/1/010

to

5/30/11

6/1/11

to

5/30/12

* 

6/1/12

to

5/30/13

6/1/13

and 

Thereafter 

11

Commercial 22% 16%1 23%3 37%6 45%8 52% 56.75% 61% 

Display 22% 16%1 23%3 37%6 45%8 52% 56.75% 61% 

Floorlayers 22.5% 16.5%1 28%4 42%7 51%9 56% 60.75% 61% 

Millmen 22% 35% 45% 45% 50% 50% 55.00% 61%

Millwrights 23% 17%1,2 23.5%3,5 37.5%5,6 46%10 52% 57.50% 61% 

Roadbuilders 23% 17%1 23.5%3 37.5%6 46%8 53% 57.75% 61%

All Others 22% 35% 45% 45% 50% 50% 55.00% 61%

Residential 22% 35% 45% 45% 50% 50% 55.00% 61%

Poured Wall 22% 35% 45% 45% 50% 50% 55.00% 61%

*No maximum non-credited contribution is in effect for benefits accrued on or after June 1, 2011.

 

1. Up to a maximum of $1.00 per hour.

2. Millwright agreements with an increase in contributions of less than $1.75 per hour will be 35% noncredited with no maximum non-credited amount.

3. Up to a maximum of $1.85 per hour. 

4. Up to a maximum of $2.00 per hour.

5. Millwright agreements with an increase in contributions of less than $1.75 per hour will be 45% noncredited, with no maximum non-credited amount.

6. Up to a maximum of $3.60 per hour.

7. Up to a maximum of $3.75 per hour.

8. Up to a maximum of $5.15 per hour.

9. Up to a maximum of $5.30 per hour.

10. Up to a maximum of $5.15 per hour, except that if the agreement does not provide for a 

contribution increase of at least $1.55 per hour, contributions will be 50% non-credited with no 

maximum non-credited amount.

11. Residential and Poured Wall, effective August 1 of each year.

After the credited contribution amount is determined for each period of participation, that amount

is multiplied by the appropriate percentage specified in the following benefit accrual rate chart to 

14

CPTF-DV000355
determine the monthly benefit amount before any adjustments for the form of benefit payment that you 

choose. 

For Participants who were Active 

on or after the following date:

An amount equal to the following percent of total 

credited Employer contributions for the Participant:

(i) May 1, 2007 1% for accrued hours on or after May 1, 2007, plus 

(ii) 

(ii) May 1, 2004 3% for accrued hours on or after May 1, 2004 but 

prior to May 1, 2007, plus (iii)

(iii) May 1, 1997 4.3% for all hours prior to May 1, 2004

(iv) May 1, 1992 3.9% for all hours prior to May 1, 1997

(v) May 1, 1990 3.85% for all hours prior to May 1, 1992

(vi) May 1, 1989 3.4% for hours prior to May 1, 1985, plus 3.7% for 

hours on or after May 1, 1985

(vii) May 1, 1987 3.4% for hours prior to May 1, 1985, plus 3.6% for 

hours on and after May 1, 1985

(viii) May 1, 1986 3.2% for hours prior to May 1, 1985, plus 3.4% for 

hours on and after May 1, 1985*

(ix) May 1, 1985 the 2.6% figure used in the calculations under 

either (xi) or (xii) is increased to 3.2%*

(x) May 1, 1984 the 2.6% figure used in the calculations under 

either (xi) or (xii) is increased to 2.9%*

(xi) May 1, 1980 2.6%*

(xii) April 30, 1980 the greater of (A) 2.75% of the first $15,000 of 

contributions plus 3% of the next $19,600 of 

contributions or (B) 2.6% of such contributions*

(xiii) May 1, 1979 2.75% of the first $15,000 of contributions plus 3% 

of contributions in excess of $15,000, but not less 

$35.00 per month or more than $900.00 per month*

(xiv) May 1, 1976 2.75% of contributions, but not less than $35.00 per 

month or more than $650.00 per month (increased 

to $800.00 on and after May 1, 1977)*

* For those who were also Active Participants on April 30, 1969, the amount will be the 

greater of the amount calculated according to the applicable formula or 3.5% of the first 

$4,300 of such contributions plus 1.5% of contributions in excess of $4,300.

The benefit amount derived by using the benefit accrual rates set forth above assumes that you 

will be paid in the Single Life Benefit form, explained in Section VI. While you will not necessarily elect 

to receive your benefit in that form, benefits are initially calculated with the assumption that you will 

receive a Single Life Benefit. 

15

CPTF-DV000356
SECTION VI 

TYPES OF BENEFITS

If after reviewing the eligibility requirements you believe you are entitled to begin receiving 

benefits, you should contact the Pension Fund Office at 248-641-4950 or 1-800-572-2525 and request an 

application.

6.1 NORMAL RETIREMENT BENEFITS

a. ELIGIBILITY:

You are eligible for a normal retirement benefit if you: (a) retire while you are an Active 

Participant; and (b) are at least 65 years old or, you reach the fifth anniversary of the date upon which you 

commenced participation, whichever is later. Payment of any benefits to which you are entitled will 

begin after you actually retire from covered or non-covered employment in the industry.

b. BENEFIT FORMS:

There are five benefit payment forms available to you, each of which will be explained in more 

detail later. The monthly amount of your benefit depends upon the form that you select. Once the Fund 

has made a benefit payment and the payment is cashed, no change in the form of benefit is allowed. The 

normal form of benefit for an unmarried Participant is called the Single Life Benefit. The normal form of 

benefit for a married Participant is called the 50% Joint and Survivor Benefit. The other three forms are 

the optional 75% or 100% Joint and Survivor Benefit and the Life-Ten Year Certain Benefit. A brief 

description of each benefit form follows.

c. BENEFIT SELECTION: 

If you are unmarried, you may choose to receive your benefit in the Life-Ten Year Certain form 

instead of the Single Life form. If you are married, you may choose to receive your benefit in the 75% or 

100% Joint and Survivor form instead of the 50% Joint and Survivor form, with spousal consent. 

Likewise, if your spouse consents to waive all rights to your retirement benefits, you may choose to 

receive your benefit in the Life-Ten Year Certain or the Single Life form.

d. SPOUSAL CONSENT: 

If you are married, you and your spouse must sign forms which are available at the Fund Office 

in order to select one of the optional forms of benefits. The forms must generally be signed within 180

days (or even as close as seven days with the execution of appropriate forms) prior to the start of your 

benefit payments and the signatures must be witnessed by an authorized agent of the Plan or a notary 

public.

e. SINGLE LIFE BENEFIT:

The Single Life Benefit is the Plan’s basic formula amount, for single individuals, or as an option 

for married Participants. This benefit is payable each month for the rest of your life. It provides the 

highest monthly pension, but does not have the possibility of continuing monthly payments to someone

else after your death, which is a feature that all of the other options have.

16

CPTF-DV000357
 SINGLE LIFE BENEFIT CALCULATION - If you are an Active Participant on or after May 1, 

1997, your monthly normal retirement benefit under the Single Life Benefit form will be 

calculated by applying the appropriate benefit accrual rate(s) to the credited Employer 

contributions earned during each time period referenced in the benefit accrual section as a 

result of hours of credited service performed by you from the time that you joined the Plan. 

In case you terminated your participation and did not reinstate your pre-break service, the 

benefit rates in effect at the time that you became inactive will be used to calculate your 

benefit amount.

f. 50% JOINT AND SURVIVOR BENEFIT:

If you are married at the time that you retire and apply for benefits, the 50% Joint and Survivor 

Benefit is the form of pension that you will automatically receive, unless you choose one of the other 

options and your spouse consents to such election. A reduced benefit, calculated as described later in this 

booklet, is payable to you each month for the rest of your life. The reduction factors are established by 

the Fund’s actuary and take into account the fact that a benefit payment obligation to your spouse remains 

even after your death. The tables that apply to this, or any other benefit, may be changed from time-totime, as proposed by the actuary or required by law.

If your spouse survives you, your spouse will then receive 50% of the amount that you had been 

receiving for the rest of your spouse’s life. If you survive your spouse, your monthly benefit amount will 

be adjusted to eliminate this reduction factor, using the benefit formula that was in effect at the time that 

you retired, plus any benefit adjustments for retirees effective on or after your retirement date. Your 

adjusted future benefits (no retroactive adjustment) will start on the first day of the month following your 

spouse’s death, and be paid for the rest of your life. This is called a “pop-up”, since your benefit is 

restored (or popped up) to the Single Life Form even though you initially chose the 50% Joint and 

Survivor form.

It is important to understand, however, that the only surviving spouse to whom the survivor 

portion of the benefit is payable is the person who was your legal spouse at the time that you retired. Be 

sure, however, to read the section on Qualified Domestic Relations Orders, which may apply to you in 

case of divorce, and will control who will be considered as your spouse for benefit payment purposes. 

 50% JOINT AND SURVIVOR BENEFIT CALCULATION - Your monthly retirement benefit 

under this option is calculated by determining the amount of your Single Life Benefit and 

then reducing it by using an actuarial table which takes into account your age, your spouse’s 

age and your life expectancies. The following example is a portion of the table that is used in 

these calculations:

 

 

17

CPTF-DV000358
Participant’s Age at Retirement

Age of Spouse 55 60 65

52 92.13% 88.49% 83.64% 

55 93.05% 89.68% 85.09% 

58 93.97% 90.89% 86.61% 

61 94.85% 92.09% 88.17% 

64 95.68% 93.26% 89.73% 

67 96.44% 94.36% 91.25% 

To find the appropriate reduction factor that will apply, look at the “Participant’s age” column, 

then find your spouse’s age in the column on the left and locate the percentage figure shown where those 

two intersect. Your monthly benefit will be equal to that percentage of the Single Life Benefit that is 

otherwise due you, and your spouse is then eligible for 50% of that reduced amount for the rest of her life.

Example:

Assume that you are 65 and your spouse is 61 and that your Single Life Benefit amount is 

$2,150.00. Looking at the table, you go down the column labeled with your age (65) until you get to the 

line which corresponds with your spouse’s age (61). There you will find a factor of 88.17%. This means 

that, if you choose the 50% Joint and Survivor Benefit form, you will receive $1,895.66 each month 

(88.17% of $2,150.00) and, upon your death, your surviving spouse will receive 50% of that amount, or 

$947.83, each month for the rest of your spouse’s life. The factor tables are provided to the Fund by its 

actuary. In using these tables, the ages to be considered are those at the nearest birthday of the participant 

and the spouse, respectively. 

g. 75% JOINT AND SURVIVOR BENEFIT:

The 75% Joint and Survivor benefit was added on January 1, 2002, and is calculated in the same 

way as the 50% Joint and Survivor Benefit, except that the reduction factor is greater, to reflect the higher 

percentage of your benefit amount payable to your surviving spouse after your death. Here, your 

surviving spouse receives 75% of the benefit that you receive before your death, rather than the 50% 

benefit discussed in the previous example.

 75% JOINT AND SURVIVOR BENEFIT CALCULATION - Your monthly retirement benefit 

under the 75% Joint and Survivor Benefit option is also calculated by figuring out what your 

Single Life Benefit is and then reducing it by using a table similar to the 50% Joint and 

Survivor Benefit table, but with different reduction factors. The following is a portion of the 

table used in these calculations:

 

 FACTORS FOR 50% JOINT AND SURVIVOR BENEFIT - 

Participant s Age at Retirement

18

CPTF-DV000359
Participant’s Age at Retirement

Age of Spouse 55 60 65

52 88.64% 83.67% 77.32%

55 89.93% 85.27% 79.19%

58 91.22% 86.93% 81.18%

61 92.47% 88.59% 83.25%

64 93.66% 90.22% 85.35%

67 94.76% 91.78% 87.42%

Example:

Let’s use the same assumptions as in the 50% Joint and Survivor Benefit example. You are 65, 

your spouse is 61 and your Single Life Benefit amount is $2,150.00. You go down the column in the 

table labeled with your age (65) until you get to the line which corresponds with your spouse’s age (61). 

There you will find a factor of 83.25%. This means that, if you choose the 75% Joint and Survivor 

Benefit, you will receive $1,789.87 each month (83.25% of $2,150.00) for the rest of your life and, upon 

your death, if your spouse survived you, your spouse will receive $1,342.41 each month for the rest of 

your spouse’s life. Note that the percentage of benefit payable to you is lower (83.25% versus 88.17% in 

the first example) since here the spouse will receive a much greater benefit ($1,342.41 versus $947.83 in 

the first example).

 

h. 100% JOINT AND SURVIVOR BENEFIT:

The 100% Joint and Survivor benefit is calculated in the same way as the 50% and 75% Joint and 

Survivor Benefit, except that the reduction is greater yet, to reflect the higher benefit amount payable to 

your surviving spouse after your death. Here, your surviving spouse receives 100% of the benefit that 

you receive before your death, rather than the 75% benefit discussed in the previous example.

 100% JOINT AND SURVIVOR BENEFIT CALCULATION - Your monthly retirement benefit 

under the 100% Joint and Survivor Benefit option is also calculated by figuring out what your 

Single Life Benefit is and then reducing it by using a table similar to the 50% and 75% Joint 

and Survivor Benefit table, but with different reduction factors. Everything which is true 

about the 50% and 75% Joint and Survivor Benefit is also true of the 100% Joint and 

Survivor Benefit, except that a different table is used in the calculation.

 

19

 

 

 FACTORS FOR 75% JOINT AND SURVIVOR BENEFIT -

CPTF-DV000360
Participant’s Age at Retirement

Age of Spouse 55 60 65

52 85.40% 79.35% 71.88%

55 87.01% 81.28% 74.05%

58 88.62% 83.30% 76.38%

61 90.20% 85.34% 78.84%

64 91.72% 87.38% 81.37%

67 93.13% 89.33% 83.91%

Example:

Let’s use the same assumptions as in the 50% and 75% Joint and Survivor Benefit example

above. You are 65, your spouse is 61 and your Single Life Benefit amount is $2,150.00. You go down 

the column in the table labeled with your age (65) until you get to the line which corresponds with your 

spouse’s age (61). There you will find a factor of 78.84%. This means that, if you choose the 100% Joint 

and Survivor Benefit, you will receive $1,695.06 each month (78.84% of $2,150.00) for the rest of your 

life and, upon your death, if your spouse survived you, your spouse will also receive $1,695.06 each 

month for the rest of your spouse’s life. Note that the percentage of benefit payable to you is lower 

(78.84% versus 88.17% in the first example and 83.25% in the second example) since here the spouse 

will receive a much greater benefit ($1,695.06 versus $947.83 in the first example and $1,342.41 in the 

second example).

i. LIFE-TEN YEAR CERTAIN BENEFIT:

The Life-Ten Year Certain Benefit is an optional form of benefit payment that is calculated as 

described below, and is payable to you each month for the rest of your life, with a guaranty of at least 120 

monthly payments (10 years) even if you die before all the payments are made. You may designate a 

beneficiary of your choice to receive any remainder due upon your death, subject to spousal consent, if 

you are married. If you die before you have received all of the 120 payments (ten years worth), your 

beneficiary will then receive the remaining payments each month until the total number of benefit 

payments made to you and your beneficiary is 120. Of course, if you die after all 120 benefit payments 

have been made; no survivor benefits are due to your beneficiaries. If you are married, your spouse must 

consent for you to receive benefits in this form.

 LIFE-TEN YEAR CERTAIN BENEFIT CALCULATION - Your monthly retirement benefit under 

the Life-Ten Year Certain Benefit option is calculated in much the same way as the two 

previous examples; by determining what your Single Life Benefit is and then reducing it by 

using a table which takes into account your age and life expectancy. The following example 

contains a partial table which is used in these calculations:

 

The following is a portion of the table used in these calculations:

20

CPTF-DV000361
Factors for Life-Ten Year Certain Benefit

Participant’s Age at Retirement Percent of Single Life Benefit

60 94.65%

61 94.07%

62 93.43%

63 92.72%

64 91.96%

65 91.13%

Example:

Assume again that you retire at age 65, your Single Life Benefit amount is $2,150.00 but this time 

you choose the Life-Ten Year Certain Benefit. Your monthly benefit will be $1,959.30 (91.13% of 

$2,150.00), which you will receive for the rest of your life. If you die before you receive 120 monthly 

payments, your designated beneficiary will receive $1,959.30 per month until the balance of a total of 120 

monthly payments have been made (to either you or your beneficiary). Once the 120 payments have been 

made, no other remainder will be paid after your death. 

j. BENEFICIARY CHANGE AND THE LIFE-TEN YEAR CERTAIN BENEFIT:

If you want to change the beneficiary from the one that you originally designated, before 120 

benefit payments have been made, you may name another beneficiary, subject to the written consent of 

the spouse to whom you were married at the time benefit payments began, if she is still living. No 

spousal consent is required if your designated beneficiary dies before the 120 benefit payments have been 

made.

k. RETIREE INCREASES: 

From time-to-time, the Fund may increase the amount of benefits paid to certain groups of 

retirees and surviving spouses, on a voluntary basis, as the Fund’s financial condition permits. For 

example, as of May 1, 1999, each retiree and surviving spouse who retired before May 1, 1999, and was 

eligible for retiree health insurance coverage as of July 1, 2000, from one of the affiliated health care 

funds: Michigan Regional Council of Carpenters Employee Benefits Fund, Detroit Millmen’s Health and 

Welfare Fund or the Millwrights Local 1102 Health and Welfare Fund, received a $100 increase in his or 

her monthly benefit. However, this post-retirement voluntary increase was eliminated effective on 

January 1, 2010, in order to improve the financial condition of the Fund. 

6.2 EARLY RETIREMENT BENEFITS

a. ELIGIBILITY 

You are eligible for an early retirement benefit if you retire while you are an Active Participant, 

are at least 55 years old (but less than 65 years old) and have earned at least ten credit years. If you retire 

21

CPTF-DV000362
while you are an Active Participant, are at least age 62, but not age 65 and have earned at least three

vesting or credited years you can also receive an unreduced early retirement benefit. 

If you became an Active Participant on or after May 1, 2007, the early retirement requirements 

change. To be eligible for early retirement you must reach age 55 and have sufficient Years of Credited 

Service so that the sum of your age and Years of Credited Service totals at least 85 (also known as “index 

85”). If you became an Active Participant before May 1, 2007, you will be eligible for early retirement 

when the sum of your age and Years of Credited Service totals 85. 

You will be eligible for a reduced early retirement benefit if you have accrued 10 or more Years 

of Credited Service and reached the age of 55 (but not the age of 62), or if you have met the applicable 

index 80 or 85 requirements and reached the age of 55. 

b. BENEFIT FORMS

The same forms of benefit which are available as normal retirement benefits are also available to 

you at early retirement. The same normal forms and the same consent requirements for married 

Participants are applicable. The monthly amount of your benefit will depend upon the form selected and 

your age at retirement. In determining how much is payable, as you can see from the previous examples 

of how the normal retirement benefit forms are calculated, it is always necessary to determine the amount 

of your Single Life Benefit first.

The Single Life Benefit is determined exactly as if you were applying for normal retirement, 

subject to any reduction factors applied for early retirement. That is to say that your total Employer 

contributions are multiplied by the appropriate benefit accrual rate for the time during which contributions 

were earned as in effect at your retirement. This amount is then reduced by the appropriate early 

retirement factor (if any) to reflect your age at early retirement, as well as the vesting percentage, if you 

are not fully vested. Please note that there is no early retirement reduction if you are at least 62 years old 

and have accumulated at least three vesting or credit years at retirement. If you do not meet this criteria, 

then your benefit amount will be reduced by an early retirement factor, as described in this section.

Benefits for early retirees who retire on or after August 1, 2013 and who have met their 

applicable index requirements will have their retirements reduced at the rate of 1/3 of 1% per each month 

(4% per year) for each month between their retirement age and age 62, unless they come within the 

following exception: Active Participants who meet the applicable Index criteria by August 1, 2015 will 

not have their benefit reduced by more than 5%. 

Benefits for early retirees who retire on or after August 1, 2013 and who have not met their 

applicable index requirements will have their retirements reduced at the rate of 5/9% per month (6.66% 

per year) for each month between their retirement age and age 62, unless they come within the following 

exception: Active Participants who meet the applicable Index criteria by August 1, 2015 will not have 

their benefit reduced by more than 5%. 

Vested deferred Participants who fail to cure a break-in-service by working 435 hours in the two 

years prior to their retirement will have their retirement benefit reduced at the rate of 5/9% per month 

(6.67% per year) for each month until reaching age 65. 

 

22

CPTF-DV000363
Percentage of accrued Single Life Benefit

Age at Retirement 10 or more Credit Yrs. Sum of your age and Credit Yrs. is 85 or more

55 53.33% 72%

56 60.00% 76%

57 66.67% 80%

58 73.33% 84%

59 80.00% 88%

60 86.67% 92%

61 93.33% 96%

62 100% 100%

63 100% 100%

64 100% 100%

Use the highest applicable percentage to calculate your benefit amount.

Example:

Assume that you are unmarried, you retire at age 56 with 10 or more credit years and your 

accrued Single Life Benefit, calculated as though you were of normal retirement age, is $2,150.00. 

Applying the early retirement factors from the preceding table, you will receive $1,290.00 (60% of 

$2,150.00) each month for the rest of your life. 

If, on the other hand, you have 29 credit years, the sum of your age (56) and credit years (29) is 

85 and you were an active participant before May 1, 2007, your monthly benefit will be $1,634 (76% of 

$2,150) for the rest of your life, because you satisfied the “index 85” criteria. 

If more than one of the possibilities described in the table applies to you, the one which would 

provide you with the highest benefit is used. If your benefit is not paid to you in a Single Life Form, but 

one of the other four forms (50%, 75%, or 100% Joint and Survivor or Life Ten Year Certain), there is a 

further reduction based upon factors from the same tables that are used in calculating the normal 

retirement benefits, when payable in those forms. 

6.2.1 SUSPENSION OF BENEFITS/RETURN TO WORK

If you are at least age 62 and whether you are a Normal, Early or Vested Deferred Retiree, your 

monthly payment will be suspended, for any month in which you engage in Restricted Work. “Restricted 

Work” means earning 40 hours of service or more at the trade in the construction industry in any 

geographic area covered by a collective bargaining agreement that requires contributions to the Fund, 

including outside of the State of Michigan (for example, under the Display Industry Agreement or various 

U.B.C. International Agreements) regardless of whether you are working for a contributing Employer or a 

“non-union” Employer. If you are under age 62, you will be performing Restricted Work if you accrue 

any hours of service at the trade in the construction industry in any geographic area covered by a 

collective bargaining agreement that requires contributions to the Fund, regardless of whether you are 

working for a contributing Employer, or a “non-contributing” Employer. As of the first day of April 

following the Calendar Year in which you reach age 70 1⁄2, your monthly payment will not be suspended 

if you engage in Restricted Work.

22

 

 

 

c. IMPACT OF EARLY RETIREMENT REDUCTION FACTORS

23

CPTF-DV000364
 No monthly retirement benefit shall be paid to any such Vested Deferred Retiree during any 

calendar month during which such individual accrues any Hours of Service in Restricted Work. Once 

such Vested Deferred Retiree reaches the age of 65, the provisions of the Normal Retirement suspension 

of benefits shall apply.

Employment in a strictly supervisory capacity, which does not require work with the tools, will 

not result in the suspension of benefits unless the work is being performed on a jobsite where covered 

Employees normally work. Suspendible supervisory work will not include working as an estimator, 

project or construction manager (so long as there is no direct supervision of covered Employees), safety 

engineer, or owner-manager (provided such owner is not working with the tools of the trade. The 

foregoing notwithstanding, any retiree who spends a majority of his time on jobsites, rather than at the 

Employer’s offsite office, shall be deemed to be performing restricted work until the retiree can 

demonstrate otherwise to the satisfaction of the Fund’s Trustees. The Pension Fund may request 

Employer verification or otherwise review the scope of your work prior to your return to work to 

determine whether it is limited to supervisory work. 

When you retire again, your benefit payments will resume in the same amount and under the 

same option as they were before you returned to work. If you have been credited with any new hours in 

any Plan Year during your re-employment, the benefit to which those hours will entitle you will be 

calculated as if you had been an Active Participant, added to your benefit and paid, the following May 1st

after you stopped working, in the same form as your retirement benefit was then being paid. If you plan 

on returning to work in the construction industry, contact the Plan Administrator to determine if 

your employment will result in the suspension of your benefits. The Fund may from time to time, 

place this suspension of benefits rule on hold, if for example, there is full employment in the industry.

If you are retired and return to covered employment before age 65 and become an Active 

Participant again, you must then wait at least 12 months from the date you cease to be an Active 

Participant in order to retire again. 

6.3 VESTED DEFERRED BENEFITS

a. ELIGIBILITY

If you are not an Active Participant at the time of your retirement, but are at least partially vested, 

then you are eligible to receive a vested deferred benefit, at the earliest retirement age you could have 

retired under the terms of the Plan in effect when you ceased being an Active Participant.

b. BENEFIT FORMS

The type of the vested deferred benefit and when it is paid is determined by the amount of your 

accrued monthly benefit. If the lump sum (actuarially determined) value of your vested deferred benefit 

is less than $5,000.00, it will be paid to you only in a lump sum form. You can apply for such lump sum

benefit on the first day of the plan year in which you became an Inactive Participant. 

If the value of such benefit is $5,000.00 or more, you can then elect to retire under the Plan’s 

early or normal retirement provisions. Keep in mind that all of the eligibility guidelines, benefit rates and 

restrictions on early and normal retirement benefits that were in effect when you became an Inactive 

Participant will apply to your vested deferred benefit.

24

CPTF-DV000365
6.4 DISABILITY RETIREMENT BENEFITS

Disability benefits are considered as “ancillary” benefits, rather than actual Pension benefits. 

You are eligible for a monthly disability retirement benefit if you become totally and permanently unable 

to perform any type of work (other than work the Trustees find to be rehabilitative in nature). To be 

eligible, you must have become totally and permanently disabled while you were an Active Participant, 

you must be less than 62 years old, and you must have earned at least five credit years. If you have fewer 

than five credit years, you may be entitled to a lump sum disability retirement benefit (when permitted by 

law). Participants who entered pay status on or after August 1, 2013 must obtain an award for Social 

Security disability benefits from the Social Security Administration to be eligible for disability benefits 

from the Plan. 

You are not eligible to receive a disability retirement benefit, even if you otherwise meet the 

criteria, if your disability results from an intentional injury to yourself, an injury which happened because 

you were engaged in a felony, or some event which entitles you to receive Workers’ Compensation as a 

result of non-covered employment. 

a. TOTAL AND PERMANENT DISABILITY

You must be totally unable, for the rest of your life, to continue working in any field. The 

Trustees may review whether the available medical evidence shows that you are totally and permanently 

disabled. If you receive disability benefits from Social Security, you still must produce a physician’s 

medical report. If you return to work in the construction industry after becoming eligible for disability 

benefits, you will no longer be considered disabled by the condition on which the disability benefited 

were originally based and your benefits will be automatically terminated. 

b. DISABILITY BENEFIT CALCULATION

If you have accrued seven or more credit years, your monthly benefit will be the greater of 

$260.00 or 75% of the benefit you have accrued in the Single Life form as of the date you became eligible 

for disability benefits. If you have at least five, but fewer than seven credit years, your monthly benefit 

will be an amount calculated in the same way as before, reduced by your vesting percentage.

If you have less than five credit years, your disability benefit will be a lump sum, equal to the 

greater of (a) 100% of the total employer contributions received on your behalf, up to $1,000.00, or (b) 

the single sum actuarial equivalent of your basic vested benefit amount. If your lump sum disability 

benefit is $5,000.00 or more and you are married, your spouse must consent in writing to the payment of 

the lump sum disability benefit.

Disability benefits for Participants who entered pay status on or after August 1, 2013, will be 

capped in accordance with the following schedule before they convert to regular retirement benefits. 

Credit Years Cap on Monthly Benefit

5-9 $525

10-15 $625

16-19 $725

20-24 $1,050

25+ $1,350

25

CPTF-DV000366
c. TERMINATION/CONVERSION OF DISABILITY RETIREMENT BENEFITS

Disability retirement benefits are generally not paid beyond age 62, assuming that you continue to 

meet eligibility requirements. At age 62, your disability benefits will be converted to a regular retirement 

benefit. Your monthly retirement benefit will then be calculated just as any other retirement benefits, 

based on the total employer contributions received on your behalf and the applicable benefit rate then in 

effect for each period during which contributions were made, subject to reduction for your vested status. 

You may stay on disability to age 65 if you are receiving a workers compensation benefit. If you cease 

being disabled, or if you refuse to have a medical examination or submit other proof of continuing 

disability when requested by the Fund, your disability benefits will be terminated. You may, if you wish, 

stop your disability benefit and begin early or unreduced early retirement benefits when you are eligible.

6.5 DEATH BENEFITS

The kind of death benefits that are payable from the Plan and the beneficiary who can receive 

them could vary, depending upon whether or not you are married, the number of vesting years you have 

accrued, and whether or not you are eligible to receive normal or early retirement benefits at the time of 

your death.

a. MARRIED PARTICIPANTS – ACTIVE 

1. Vested Participants - For deaths that occur on or after August 1, 2013, surviving spouses 

of Active vested Participants who die prior to retirement will only be entitled to a 

survivor annuity equal to 50% of the joint and survivor annuity that the Participants could 

have received at his earliest retirement with such annuity commencing at the Participant’s 

earliest retirement date. 

2. Non-Vested Participants – Death benefits will not be paid on behalf of non-vested Active 

Participants who die on or after August 1, 2013. 

b. SINGLE PARTICIPANTS – ACTIVE 

No pre-retirement death benefits will be payable to unmarried Active Participants who die on or 

after August 1, 2013. 

c. RETIREES 

 Survivor Annuity Benefits Payable Upon Retiree’s Death. Effective for deaths 

occurring on or after August 1, 2013, no death benefit will be payable following the 

termination of a joint and survivor benefit annuity. 

 Death of Spouse. If you are a retiree receiving a benefit in the 50%, 75% or 100% Joint 

and Survivor form, and your spouse dies before you; your benefit amount will “pop up” 

to the Single Life form, as of the first day of the month following the date of your 

spouse’s death.

 Single Life Benefits. Effective for deaths occurring on or after August 1, 2013, no death 

benefit will be payable following the termination of a single life benefit annuity. 

26

CPTF-DV000367
SECTION VII

BENEFIT CLAIMS

7.1 ADMINISTRATION

Your Pension Fund is administered by the Board of Trustees and various service providers acting 

on the Trustees’ behalf. The Trustees, including those acting on their behalf, have full discretionary 

authority in all aspects of administering the Pension Fund. Such discretionary authority includes, but is 

not limited to, interpreting all documents (paper or electronic) used in the Pension Fund’s operations, as 

well as all determinations concerning your benefits. Unless the exercise of such discretionary authority is 

arbitrary and capricious, it cannot be set aside by the courts. 

7.2 APPLICATION 

In order to apply for benefits under the Plan, you must complete an application form approved by 

the Trustees. Copies of these forms can be obtained at the Pension Fund benefit office located at 700 

Tower Drive, Suite 300 Troy, Michigan, 48098-2808. Any questions you may have concerning the 

completion or submission of an application can be answered by inquiring at the Fund Office. Whenever 

you have occasion to write the Fund Office, be certain to include your name, your social security number, 

or other identification number assigned by the Pension Fund, and your craft designation. This information 

will enable the Fund to identify you and locate your records.

7.3 EFFECTIVE DATE FOR BENEFITS

Pensions are usually effective on the later of (a) the first day of the month after the pension 

application is filed, (b) the effective date of retirement appearing on the application form, or (c) your 

actual date of retirement. In order to allow sufficient time to process your retirement application, 

particularly, if you are married and you and your spouse are considering having your benefit paid in some 

form other than a Joint and Survivor form, it is suggested that you file your application at least 60 days 

before your expected date of retirement.

7.4 BENEFIT ADJUSTMENTS

Your retirement benefits, as calculated under the formulas previously described, may be further 

reduced (or capped off) by certain limitations imposed by the Internal Revenue Service – so-called 

Section 415 limits. All dollar limitations and compensation limitations applicable to Section 415 will be 

established annually and adjusted for cost of living, as permitted by law, on both the pre-retirement and 

post-retirement basis. 

 

7.5 CLAIMS APPEALS

Your application for any benefit from the Fund is treated as a claim. If your claim has been 

denied, and you wish to submit your claim for review, you must follow the following Claims Review 

Procedure.

1. Upon the denial of your claim for any benefit provided by the Plan, you may file your 

request for review, in writing, with the Trustees at the Pension Fund or Plan 

Administrator’s office.

27

CPTF-DV000368
2. YOU MUST FILE THE CLAIM FOR REVIEW NO LATER THAN 60 DAYS (180 

DAYS FOR DISABILITY CLAIMS) AFTER YOU HAVE RECEIVED WRITTEN 

NOTIFICATION OF THE DENIAL OF YOUR CLAIM.

3. You may review all pertinent documents relating to the denial of your claim and submit 

any issues and comments, in writing, to the Trustees.

4. Your claim for review must be given a full and fair review. If your claim is denied, the 

Trustees must provide you with written notice. For a request for review received within 

30 days of a regularly scheduled Board of Trustees’ meeting, you will be given a decision 

within five days after the second meeting following your request. For appeals filed more 

than 30 days before a regularly scheduled Board of Trustees’ meeting, you will be given 

a decision within five days after the next board meeting. In the event that circumstances 

beyond the Board’s control arise, the decision may be delayed by one additional board 

meeting.

5. The Trustees’ decision on your claim for review shall be communicated to you in writing 

and shall include specific references to the pertinent Plan provisions on which the 

decision was based, as well as other information required to be furnished pursuant to 

certain laws found at 26 C.F.R. 2560.503-1(j).

 6. Special rule for disability claims – In addition to these general appeal rules, the following 

applies to denials of disability claims:

(i) Review of disability claims on appeal will not defer to the initial adverse benefit 

determination and may not be conducted by the individual who made the initial 

adverse benefit determination nor the subordinate of such individual.

(ii) In deciding the appeal of any disability benefit determination that is based on 

whole or in part on a medical judgment, the Trustee conducting the appeal will 

consult with a health care professional who has appropriate training and 

experience in the field of medicine involved in the medical judgment.

(iii) The health care professional engaged with respect to the review of disability 

claim on appeal may not be the same health care professional who was consulted 

in connection with the initial adverse determination nor the subordinate of such 

individual.

(iv) The medical or vocational experts whose advice was obtained on behalf of the 

Plan in connection with your disability claim must be identified.

The Plan Administrator’s decision on your claim for review shall be communicated to you in 

writing and shall include specific references to the pertinent Plan provisions on which the 

decision was based.

If the determination is adverse, you shall be entitled to receive copies of all documents relevant to 

the benefit claim and a statement regarding your right to bring a civil action under ERISA Section 

502(a).

 

28

CPTF-DV000369
For disability claims, a denial following a claim for review must also contain the following 

information:

(i) If applicable, a copy of the internal rule, guideline or protocol that was relied 

upon to make the adverse determination or a statement that such rule was relied 

upon and that a copy of such rule will be provided free of charge to the claimant 

upon request; 

(ii) If the adverse determination is based on medical necessity or experimental 

treatment or similar exclusion or limit, an explanation of the scientific or clinical 

judgment for the determination or a statement that such explanation will be 

provided free of charge to the claimant upon request; and 

(iii) The following statement: "You and your Plan may have other voluntary 

alternative dispute resolution options, such as mediation. One way to find out 

what may be available is to contact your local U.S. Department of Labor Office.”

7.6 TAXABILITY

Monthly benefits paid to retirees and beneficiaries are subject to federal income tax withholding 

if your monthly benefits exceed a certain amount. You will be given an opportunity when you retire and 

each year thereafter to have federal income taxes withheld from your pension payments.

7.7 LUMP SUM PAYMENTS AND IRA ROLLOVERS

Lump sum benefits payable to you, your spouse, former spouse and/or surviving spouse 

(including a former spouse designated as your surviving spouse by a Qualified Domestic Relations Order) 

are eligible rollover distributions, when permitted by law. The Fund Office will provide you with 

information about your right to roll over all or only part of the lump sum benefit before it is paid. 

Monthly normal, early, disability and survivor benefits are not eligible rollover distributions, nor, 

generally, are lump sum death benefits payable to anyone but your surviving spouse or a former spouse 

designated as a surviving spouse by a Qualified Domestic Relations Order. However, the designated nonspouse beneficiary of an otherwise eligible rollover distribution may directly rollover the payment to an 

inherited Individual Retirement Account, or IRA.

7.8 QUALIFIED DOMESTIC RELATIONS ORDER

If you are divorced, or legally separated, your former spouse or dependents may be entitled to a 

portion of your pension benefits. A court may issue an order which, if it meets certain standards, will be 

considered a Qualified Domestic Relations Order (“QDRO”) and could assign a portion of your pension 

benefits to your spouse, former spouse, child, or other dependent. A QDRO is any order or judgment 

entered in your divorce, separation, custody or paternity case that clearly identifies the Plan and the 

amount of benefits assigned. Such order must meet other requirements of federal law. A QDRO also 

may be an order or judgment entered to enforce your child support obligations.

When the order or judgment is filed with the Fund, the Fund’s attorneys will decide whether the 

divorce and/or separation documents are a QDRO, and if so, what portion of your benefits have been 

assigned to your spouse, former spouse, child, or dependent. You (or your attorney) will be sent a letter 

which will tell you whether your divorce and/or separation documents are a QDRO and describe the 

29

CPTF-DV000370
benefits assigned. A copy of the Fund’s policies and procedures together with a sample QDRO can be 

obtained without charge by contacting the Plan Administrator or Legal Counsel.

7.9 STATEMENT OF ERISA RIGHTS

As a Participant in the Carpenters Pension Trust Fund – Detroit and Vicinity, 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 certain information about your plan 

and benefits: 

a. 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 Benefits Security Administration. 

b. 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 make a 

reasonable charge for the copies.

c. Subject to limitation allowed by law, obtain a copy of any periodic actuarial 

report, a copy of any quarterly, semi-annual or annual financial report prepared 

by an investment advisor or other fiduciary or a copy of the application filed with 

the Secretary of Treasury requesting an extension of amortization periods under 

Section 304 of ERISA and the determination of such Secretary pursuant to such 

application. Requested reports must be in possession of the Plan for at least 30 

days before the Plan Administrator is required to furnish the reports. These 

reports must be requested in writing and are not required to be given more than 

once every 12 months. The Plan Administrator may make a reasonable charge 

for the copies.

d. 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.

e. Obtain a statement telling you whether you have a right to receive a pension at 

normal retirement age (age 65) and if so, what your benefits would be at normal 

retirement age if you stop working under the plan now. If you do not have a right 

to a pension, the statement will tell you how many more years you have to work 

to get a right to a pension. This statement must be requested in writing and is not 

required to be given more than once every 12 months. The Plan must provide the 

statement free of charge.

 

30

CPTF-DV000371
In addition to creating rights for Plan Participants, ERISA imposes duties upon the people who are 

responsible for the operation of the Plan. The people who operate your Plan, called “fiduciaries” of the 

Plan, have a duty to do so prudently and in the interest of you and other Plan Participants and 

Beneficiaries. No one, including your Employer, your Union, or any other person, may fire you or 

otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or 

exercising your rights under ERISA.

Enforce Your Rights: 

If your claim for a pension benefit is denied or ignored, in whole or in part, you have a right to know why 

this was done, to obtain copies of documents relating to the decision without charge, and to appeal any 

denial, all within certain time schedules.

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a 

copy of Plan documents or the latest annual report from the Plan and do not receive them within 30 days, 

you may file suit in a Federal court. In such a case, the court may require the Plan Administrator to 

provide the materials and pay you up to $110 a day until you receive the materials, unless the materials 

were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits 

which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if 

you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic 

relations order or a medical child support order, you may file suit in Federal court. If it should happen 

that 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 Benefits 

Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of 

Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of 

Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may also obtain certain 

publications about your rights and responsibilities under ERISA by calling the publications hotline of the 

Employee Benefits Security Administration. 

SECTION VIII

OTHER PLANS

8.1 ANNUITY PLAN

In addition to this Pension Plan, your Union and certain contributing Employers have established 

another retirement program that works hand in hand with this one. An “Annuity Plan” was adopted that 

directs all contributions made on your behalf into your own individual retirement account, which 

supplements the benefits provided by this Pension Plan, yet avoids violating the Section 415 requirements 

mentioned earlier.

0

 

 

 

Prudent Actions by Plan Fiduciaries: 

31

CPTF-DV000372
8.2. PRIOR PLANS

All prior plan documents and periodic amendments, as well as any operating procedures, are 

considered a part of this Plan and will be applied to those individuals whose eligibility, participation, 

benefits, etc., are governed by such prior plans.

8.3 MERGERS 

From time to time, other pension plans may be merged or combined with this Plan. For example, 

the Wood, Wire and Metal Lathers’ Pension and Survivors’ Fund and Resilient Floor Decorators Pension

Plan/Detroit Area merged into the Fund a number of years ago. Unless specifically provided in this Plan, 

any benefits that you accrued under such merged plans will be calculated based upon the rules and 

schedules that existed under those plans at the time of the merger, while any new benefits accrued under 

this Plan will be determined in accordance with this summary. That means that your pre-merger service, 

eligibility and benefit amounts, will be calculated using the merged plan’s documents, as they existed on 

the day of the merger. Of course, post-merger service, eligibility and benefits are determined under this 

Plan. Generally, your benefit will be calculated in two parts – the pre-merger benefit and the post-merger 

benefit, and then added to determine your total benefit amount.

SECTION IX 

AMENDMENTS AND TERMINATION

9.1 PLAN AMENDMENTS

The Board of Trustees has the right to amend the Plan and Trust at any time. In no event, 

however, can any amendment:

a. Authorize or permit any part of the Plan assets to be used for purposes other than the 

exclusive benefit of Participants or their beneficiaries;

b. Cause any reduction in the benefit amount credited to you; or

c. Cause any part of your Plan assets to revert to an Employer.

9.2 TERMINATION OF THE PLAN

The Trust (and consequently the Plan) may be terminated by the joint resolution of the Employers 

and the Union. The Trustees may also terminate the Plan when a collective bargaining agreement 

requiring contributions no longer exists. In addition, the Plan will be terminated if and when there are no 

assets left in the Fund, or no individuals remain alive who can qualify for benefits.

If the Plan terminates or ends, the money in the Fund, to the extent possible, will be used to 

provide the benefits that are due according to the priority required by law and stated in the Plan. If the 

Fund was not sufficiently funded to pay all benefits upon termination, whether you eventually receive all 

or part of your plan benefit depends on whether there is enough money in the Fund to pay for it and, if 

not, whether the benefit is insured by the Pension Benefit Guaranty Corporation.

If the Plan terminates and the law does not mandate how the Fund’s assets will be distributed, 

they will be allocated in the following order of priority:

32

CPTF-DV000373
a. To provide benefits to those individuals already receiving benefits;

b. To provide benefits for Active Participants who are then eligible to retire and receive 

Normal or Early Retirement benefits;

c. To provide benefits for Active or Inactive Participants who are vested at the time of 

termination;

d. To provide benefits for all other persons.

SECTION X 

BENEFIT EXAMPLES

The examples on the following pages are designed to further help you understand how your 

pension benefits are calculated. These examples present sample benefit calculations based upon three 

different levels of total contributions paid to the Fund over a Participant’s working life: $42,000, 

$84,000, and $126,000. The Participant’s retirement date is May 1, 2014, and the examples assume that 

the Participant continued working through the month of April 2014. Beginning on June 1, 2006, certain 

percentages of employer contributions began being designated for the purpose of improving the Pension 

Fund’s financial well-being. The percentage of Employer contributions that are non-credited varies 

depending upon the particular collective bargaining agreement and the particular period during which 

contributions were made, as discussed earlier. The following examples refer to credited contributions. 

(In the examples, total contributions are “discounted” to represent credited contributions.)

Each example for the Joint and Survivor Benefit assumes that the Active Participant is fully 

vested and that the Participant and his or her spouse are the same age. The calculations are based on the 

Participant being eligible for the index 80 benefit under the terms of the Plan. The index 80 benefit is a 

combination of the Participant’s credited years of service and age at his or her latest birthday, which when 

added together, equals 80 or more. The index 80 benefit applies to Participants who became active before 

May 1, 2007, and retired before April 30, 2010, or had accrued 76 points as of May 1, 2010. (For all 

other Participants who became active before May 1, 2007, index 85 applies. For Participants who first 

became active on or after May 1, 2007, the index 80 benefit is changed to index 85 and at least age 55.)

The Single Life Benefit is the Participant’s full accrued benefit, without any surviving spouse 

remainder. The Life-Ten Year Certain option is based only on the Participant’s age at the time of 

retirement. The joint and survivor benefit examples show the amount payable to the Participant during 

his or her life, followed by the amount payable to the surviving spouse after the Participant’s death. These 

are examples only. The actual benefit that may be payable to you will depend on the total contributions 

which have been made on your behalf at the time of your retirement, and the difference in age between 

you and your spouse, as well as other actuarial factors in effect when your actual benefit is calculated. 

33

CPTF-DV000374
BASED ON TOTAL EMPLOYER CONTRIBUTIONS OF $42,000.00

$20,000 prior to May 1, 2004 plus

$5,000 from May 1, 2004 to May 31, 2006 plus

$2,250 from June 1, 2006 to April 30, 2007 plus

$250 from May 1, 2007 to May 31, 2007 plus

$2,500 from June 1, 2007 to May 31, 2008 plus

$2,000 from June 1, 2008 to May 31, 2009 plus

$2,000 from June 1, 2009 to May 31, 2010 plus

$2,000 from June 1, 2010 to May 31, 2011 plus

$2,000 from June 1, 2011 to May 31, 2012 plus

$2,000 from June 1, 2012 to May 31, 2013 plus

$2,000 on and after June 1, 2013

Participant’s Age 55 60 65

Surviving Spouse’s Age 55 60 65

Normal Retirement 

Benefit (Single Life)* $1,150.00 $1,150.00 $1,150.00

Early Retirement Benefit 

(Single Life) 72.00%

$828.00

92.00%

$1,058.00 N/A

Life-Ten Year Certain 

Participant

96.81%

$801.59

94.65%

$1,001.40

91.13%

$1,048.00

50% Joint

and

Survivor

Benefit

Factor 93.05% 91.69% 90.24%

Participant’s

Benefit $770.45 $970.08 $1,037.76

Surviving 

Spouse’s 

Benefit

$385.23 $485.04 $518.88

75% Joint

and

Survivor

Benefit

Factor 89.93% 88.04% 86.05%

Participant’s

Benefit $744.62 $931.46 $989.58

Surviving 

Spouse’s 

Benefit

$558.47 $698.60 $742.19

100%

Joint

and

Survivor

Benefit

Factor 87.01% 84.66% 82.22%

Participant & 

Surviving 

Spouse’s 

Benefit

$720.44 $895.70 $945.53

34

CPTF-DV000375
* The Normal Retirement (Single Life) benefit is determined as follows:

4.3% of $20,000 $ 860.00

plus 3% of $5,000 150.00

plus 3% of (100% - 22%) of $2,250 52.65

plus 1% of (100% - 22%) of $250 1.95

plus 1% of (100% - 16%) of $2,500 21.00

plus 1% of (100% - 23%) of $2,000 15.40

plus 1% of (100% - 37%) of $2,000 12.60

plus 1% of (100% - 45%) of $2,000 11.00

plus 1% of (100% - 52%) of $2,000 9.60

plus 1% of (100% - 58%) of $2,000 8.40

plus 1% of (100% - 63%) of $2,000 7.40

Normal Retirement (Single Life) monthly 

benefit

$ 1,150.00

35

CPTF-DV000376
36

BASED ON TOTAL EMPLOYER CONTRIBUTIONS OF $84,000.00

$40,000 prior to May 1, 2004 plus

$10,000 from May 1, 2004 to May 31, 2006 plus

$4,500 from June 1, 2006 to April 30, 2007 plus

$500 from May 1, 2007 to May 31, 2007 plus

$5,000 from June 1, 2007 to May 31, 2008 plus

$4,000 from June 1, 2008 to May 31, 2009 plus

$4,000 from June 1, 2009 to May 31, 2010 plus

$4,000 from June 1, 2010 to May 31, 2011 plus

$4,000 from June 1, 2011 to May 31, 2012 plus

$4,000 from June 1, 2012 to May 31, 2013 plus

$4,000 on and after June 1, 2013

Participant’s Age 55 60 65

Surviving Spouse’s Age 55 60 65

Normal Retirement 

Benefit (Single Life)* $2,300.00 $2,300.00 $2,300.00

Early Retirement 

Benefit (Single Life)

72.00%

$1,656.00

92.00%

$2,116.00 N/A

Life-Ten Year Certain 

Participant

96.81%

$1,603.17

94.65%

$2,002.79

91.13%

$2,095.99

50% Joint

and

Survivor

Benefit

Factor 93.05% 91.69% 90.24%

Participant’s

Benefit $1,540.91 $1,940.16 $2,075.52

Surviving 

Spouse’s 

Benefit

$1,116.93 $1,397.20 $1,484.36 

75% Joint

and

Survivor

Benefit

Factor 89.93% 88.04% 86.05%

Participant’s

Benefit $1,489.24 $1,862.93 $1,979.15

Surviving 

Spouse’s 

Benefit

$1,116.93 $1,397.20 $1,484.36

100%

Joint

and

Survivor

Benefit

Factor 87.01% 84.66% 82.22%

Participant & 

Surviving 

Spouse’s 

Benefit

$1,440.89 $1,791.41 $1,891.06

36

CPTF-DV000377
* The Normal Retirement (Single Life) benefit is determined as follows:

4.3% of $40,000 $ 1,720.00

plus 3% of $10,000 300.00

plus 3% of (100% - 22%) of $4,500 105.30

plus 1% of (100% - 22%) of $500 3.90

plus 1% of (100% - 16%) of $5,000 42.00

plus 1% of (100% - 23%) of $4,000 30.80

plus 1% of (100% - 37%) of $4,000 25.20

plus 1% of (100% - 45%) of $4,000 22.00

plus 1% of (100% - 52%) of $4,000 19.20

plus 1% of (100% - 58%) of $4,000 16.80

plus 1% of (100% - 63%) of $4,000 14.80

Single Life Participant monthly benefit $ 2,300.00

37

CPTF-DV000378
BASED ON TOTAL EMPLOYER CONTRIBUTIONS OF $126,000.00

$60,000 prior to May 1, 2004 plus

$15,000 from May 1, 2004 to May 31, 2006 plus

$7,000 from June 1, 2006 to April 30, 2007 plus

$500 from May 1, 2007 to May 31, 2007 plus

$7,500 from June 1, 2007 to May 31, 2008 plus

$6,000 from June 1, 2008 to May 31, 2009 plus

$6,000 from June 1, 2009 to May 31, 2010 plus

$6,000 from June 1, 2010 to May 31, 2011 plus

$6,000 from June 1, 2011 to May 31, 2012 plus

$6,000 from June 1, 2012 to May 31, 2013 plus

$6,000 on and after June 1, 2013

Participant’s Age 55 60 65

Surviving Spouse’s Age 55 60 65

Normal Retirement 

Benefit (Single Life)*

$3,453.90 $3,453.90 $3,453.90

Early Retirement 

Benefit (Single Life)

72.00%

$2,486.81

92.00%

$3,177.59 N/A

Life-Ten Year Certain 

Participant

96.81%

$2,407.48

94.65%

$3,007.59

91.13%

$3,147.54

50%

Joint and

Survivor

Benefit 

Factor

93.05% 91.69% 90.24%

Participant’s 

Benefit $2,313.98 $2,913.53 $3,116.80

Surviving 

Spouse’s 

Benefit

$1,156.99 $1,456.77 $1,558.40

75% Joint

and

Survivor

Benefit 

Factor

89.93% 88.04% 86.05%

Participant’s 

Benefit

$2,236.39 $2,797.55 $2,972.08

Surviving 

Spouse’s 

Benefit

$1,677.29 $2,098.16 $2,229.06

100%

Joint

and 

Benefit 

Factor 87.01% 84.66% 82.22%

Survivor Participant & 

Surviving 

Spouse’s 

Benefit

$2,163.77 $2,690.15 $2,839.80

38

CPTF-DV000379
* The Normal Retirement (Single Life) benefit is determined as follows:

4.3% of $60,000 $ 2,580.00

plus 3% of $15,000 450.00

plus 3% of (100% - 22%) of $7,000 163.80

plus 1% of (100% - 22%) of $500 3.90

plus 1% of (100% - 16%) of $7,500 63.00

plus 1% of (100% - 23%) of $6,000 46.80

plus 1% of (100% - 37%) of $6,000 37.80

plus 1% of (100% - 45%) of $6,000 33.00

plus 1% of (100% - 52%) of $6,000 28.80

plus 1% of (100% - 58%) of $6,000 25.20

plus 1% of (100% - 63%) of $6,000 22.20

Single Life Participant monthly benefit $ 3,453.90

SECTION XI

CIRCUMSTANCES THAT COULD AFFECT YOUR BENEFITS

Under certain circumstances, your benefits under the Plan could be denied, reduced, or suspended:

 If you transfer to a job that is not covered under the Plan, you may be ineligible for additional

contributions under the Plan, and this could affect part or all of your Plan benefit;

 If you become disabled, you accrue no additional service or contributions under the Plan;

 If you continue working past your Normal Retirement Age, benefits will not begin until you

actually retire and make application for benefits. If you return to related employment after you

begin receiving benefits from the Plan, benefit payments may stop;

 If the Plan should be terminated or become insolvent and your benefit is more than that 

guaranteed by the PBGC, you may lose a part of your benefit;

 If you were covered under another laborers’ pension plan, your benefits under this Plan could be 

affected as a result of a reciprocal agreement between this Plan and another plan;

 Your Plan benefits belong to you and may not be sold, assigned, transferred, pledged, or 

garnished, under most circumstances. However, if you become divorced or separated, certain 

court orders could require that part of your benefit be paid to someone else – your spouse or 

children, for example. This is known as a Qualified Domestic Relations Order. As soon as you’re 

aware of any court proceedings which may affect your retirement benefit, contact the Plan 

Administrator;

 You may want to consult with a professional tax advisor before you take a payment of your 

benefit from the Plan;

39

CPTF-DV000380
 If you are unable to care for your own affairs, any payments due may be sent to someone who 

is authorized to conduct your affairs. This may be someone with Power of Attorney or a 

court-appointed guardian. In order to start payments, the Plan Administrator will need notarized 

copies of all applicable documents.

 By law, there are maximums on benefits that may be paid by the Plan.

 If the Plan remains in critical status, as defined by the Pension Protection Act (PPA), or 

critical and declining status under the Multiemployer Pension Reform Act (MPRA), the 

Trustees may make additional modifications to past and future accruals that would not 

otherwise be allowed. You will be notified of the Plan’s funding status. 

If you have any questions about how your benefits could be affected by any of the circumstances 

described in this Section, please contact the Plan Administrator. 

SECTION XII 

INTERPRETATION

This Summary Plan Description is written in general terms and contains summaries of 

detailed plan provisions, with the intent of making them easier to follow. PLEASE NOTE THAT IN 

CASE OF ANY CONFLICT BETWEEN THE LANGUAGE OF THE PLAN AND THIS 

SUMMARY, THE PLAN WILL CONTROL. In addition to the Plan document and its amendments, 

the Trustees and the administrative staff may develop administrative guidelines or policies and 

procedures that cover its operation – all of which will be considered a part of the overall plan document 

that applies to you. The Trustees have the discretionary authority to interpret such documents and 

their determinations will be final and binding on all participants and beneficiaries. 

Trustees of the Carpenters’ Pension Trust Fund – Detroit and Vicinity 

40

CPTF-DV000381
NOTES

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CPTF-DV000382
NOTES

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CPTF-DV000383
NOTES

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CPTF-DV000384
NOTES

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CPTF-DV000385

MICHIGAN REGIONAL COUNCIL OF CARPENTERS PENSION FUND

***SUMMARY OF MATERIAL MODIFICATIONS***

(Regarding Your Rights to Sue for Plan Benefits)

Dear Participant:

The Board of Trustees amended the Plan to limit the time for you to sue to challenge a denial of part or all 

of a claim for Plan benefits or to exercise other rights you have under the Plan. Beginning March 1, 2019, 

you must file a lawsuit to challenge any denial by the Plan of your right to current or future benefits within 

one (1) year after your claim for benefits (or to establish a right to future benefits) is finally denied by the 

Plan. Other Plan-based lawsuits must be brought within one (1) year after they accrue. 

The Plan, both before and after amendment, requires that participants and beneficiaries pursue all Planbased benefit claims and appeals procedures before filing a lawsuit to obtain Plan benefits.

The Board of Trustees is committed to ensuring that the Fund provides participants and beneficiaries with 

all benefits that they are due. But, the Fund must have reasonable rules to ensure that benefit-related claims 

and disputes are handled fairly and efficiently. The new rules are designed both to provide participants and 

beneficiaries with adequate time to vindicate their Plan-based rights and to assure that disputes are 

addressed quickly and efficiently. The Board of Trustees believe that resolving Plan disputes efficiently 

and quickly is in the best interest of the Fund and its participants and beneficiaries and will save both 

claimant and Fund resources. 

The One (1) Year Limit

The one (1) year limit begins on the date your right to Plan benefits is fixed (without judicial action). For 

example, the one-year limit will begin:

• On the day following the date on which the Plan finally denies your claim for benefits (or right to 

future benefits).

• On the day following the last day for you to appeal a Plan denial of your claim for benefits or future 

benefits (if you decide not to appeal that denial). 

• On the day following the last date on which you could file a claim for benefits under the Plan (if 

you do not file a claim before the applicable claim-filing deadline.

The new one (1) year limit does not apply to Plan-related rights that you have that are not based on the Plan 

itself. For example, the one (1) year limit does not apply to claims that Plan fiduciaries have violated their 

ERISA-imposed fiduciary duties. 

Need to Use Plan Claims and Appeals Procedures

The Plan requires participants and beneficiaries to exhaust internal Plan remedies before filing a court action 

to vindicate Plan-based rights. If you do not file a benefit claim or take permitted appeals from denied 

claims, you may be prevented from filing a lawsuit to enforce your rights. 

Future Notices about Regarding Statute of Limitations 

CPTF-DV000387
The Board of Trustees is providing you this notice so that you will know about the new and important one 

(1) year limit and to remind you of the importance of using Plan procedures. The Board of Trustees will 

provide you with periodic additional notice of the limit at least annually and at other appropriate times (e.g., 

in letters from the Fund itself concerning your benefit claims). But, these requirements apply even though 

all Fund communications may not remind you of them. 

If you Would Like More Information

If you have questions regarding this Notice, please call the Plan Administrator at (800) 572-2525. If you 

have any questions about this statement or your rights under ERISA, or if you need assistance in obtaining 

documents from the Plan Administrator, you may contact the nearest office of the Employee Benefits 

Security Administration, U.S. Department of Labor, listed in your telephone directory, or the Division of 

Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 

200 Constitution Avenue, N.W. Washington D.C. 20210. You may also obtain certain publications about 

your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits 

Security Administration.

Your Rights Under ERISA

As a Plan participant, you are entitled to certain rights and protections under the Employee Retirement 

Income Security Act of 1974, also called ERISA. ERISA provides that all Fund participants are entitled 

to: 

A. 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 Benefits Security Administration.

B. 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 administrator 

may make a reasonable charge for the copies.

C. 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. 

D. Obtain a statement telling you what rights you have with respect to benefits offered by the Plan. 

THIS STATEMENT MUST BE REQUESTED IN WRITING AND IS NOT REQUIRED TO BE 

GIVEN MORE THAN ONCE A YEAR. The Plan must provide this statement free of charge.

In addition to creating rights for plan participants, ERISA imposes duties upon the people who are 

responsible for the operation of the Fund. The people (trustees) who operate the Fund, called “fiduciaries” 

of the Fund, 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 plan benefit or exercising your rights 

under ERISA. In addition: 

A. If your claim for a benefit is denied in whole or in part, you have the right to know why this was 

done, to obtain copies of the documents relating to the decision without charge, and to appeal any 

denial, within certain time schedules.

B. Under ERISA, there are steps you can take to enforce your rights. For instance, if you request 

materials 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 administrator to provide the materials and pay you up to 

CPTF-DV000388
$110 a day until you receive the materials, unless the materials were not sent because of reasons 

beyond the control of the plan administrator. 

C. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit 

in a state or federal court. 

D. In addition, if you disagree with the Fund’s decision, you may file suit in federal court. If the 

Fund’s fiduciaries misuse the Fund’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 federal 

court. The court will decide who should pay 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 a fee if, for example, it finds your claim is frivolous. 

IMPORTANT NOTICE

You should keep this notice along with other Plan notices, as part of your Summary Plan Description. This 

is only a summary -- it is not an official Plan document. In the event of any ambiguity in or omission from 

this notice, or any conflict between this notice and the official plan text, the official plan text will govern. 

Sincerely, 

The Board of Trustees of the Michigan Regional Council of Carpenters Pension Fund 

W:\\FUNDS/Mrcc/DB Pension/NOTICES/SMM SOL AND JUDICIAL REVIEW

CPTF-DV000389
CPTF-DV000390

, 

Dear Applicant: 

(

) 

Plan Name: 

CARPENTERS PENSION TRUST 

FUND-DETROIT AND VICINITY PENSION 

Plan Number: 001 

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

determination letter for your plan listed above. However, our favorable determination only applies to the status of your plan under the Internal 

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

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

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

application. 

Your determination letter does not apply to any qualification changes that 

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

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

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

new item was identified in the Cumulative List. 

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

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

may review the status of the plan in operation periodically. 

You can find more information on favorable determination letters in Publication 

794, Favorable Determination Letter, including: 

The significance and scope of reliance on this letter, 

The effect of any elective determination request in your application 

materials, 

The reporting requirements for qualified plans, and 

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

You can get a copy of Publication 794 by visiting our website at www.irs.gov/formspubs or by calling 1-800-TAX-FORM (1-800-829-3676) to request 

a copy. 

This letter considered the 2013 Cumulative List of Changes in Plan 

Qualification Requirements. 

This determination letter applies to the amendments dated on 

Letter 5274 
CPTF-DV000391

y

y

0

6, 

before the date the Income Tax Regulations provide under Section 401(b) of the 

Internal Revenue Code. 

The information on the enclosed addendum is an integral part of this 

determination. Please be sure to read it and keep it with this letter. 

If you submitted a Form 2848, Power of Attorney and Declaration of 

Representative, or Form 8821, Tax Information Authorization, with your 

application and asked us to send your authorized representative or appointee 

copies of written communications, we will send a copy of this letter to him or 

her. 

If you have any questions, you can contact the person listed at the top of this 

letter. 

Sincerely, 

Karen D. Truss 

Director, EP Rulings & Agreements 

Addendum 

Letter 5274 
CPTF-DV000392

Letter 5274