1.33

1.34

1.35

Restatement Date

(A)

The term "Restatement Date" means May 1, 2014.

Retirement Benefit or Benefits

(A)

The term "Retirement Benefit" or "Benefits" means those classes of benefits
provided by the Plan as set forth in Article I.

Service

(A)

(B)

The term "Service" means the number of years for which a Participant receives
credit on the records of the Trust Fund. Service shall be equal to the number of
years of Past Service plus the number of years of Future Service.

Service Prior to May 1, 1976: Fora Participant as of May 1, 1976 who had been
covered under the prior provisions of the Plan, the Participant's last period of
continuous Service as determined under the prior provisions of the Plan shall be
counted as Service. Such Service shall include:

0)

(2)

(3)

Past Service: Past Service shall be granted to an Employee who worked in
the jurisdiction of the Union on and before May 1, 1961. One Year of Past
Service shall be granted to an Employee for each Plan Year that the
Employee worked in the jurisdiction of the Union during the period May 1,
1946 to May 1, 1961. Any past continuous Service as otherwise granted
shall be canceled upon a Non-Vested Employee suffering a Break in Service
after May 1, 1961. If any Employee or a Participant, or a former Employee
or Participant, at any time after August 31, 1991, performs at least one hour
of Non-covered Sheet Metal Employment within the same geographical area
of the Fund as defined in Section 10.7, then he shall lose all Past Service for
the purpose of calculating his benefit amount; provided, however, that any
such loss of Past Service credit shall not decrease the Participant's accrued
Normal Retirement Benefit to an amount less than his accrued Normal
Retirement Benefit as of August 31, 1991.

Future Service: Future Service shall be granted to Employees after May 1,
1961. One Year of Future Service shall be granted to an Employee for each
Plan Year during which he receives contribution credits on the records of
this Fund. Any future continuous service as otherwise granted to an
Employee prior to his suffering a Break in Service shall be canceled.

Service From and After May 1, 1976: One Year of Service shall be granted
an Employee, as defined in Section 1.7, who has met the requirements for
initial eligibility to participate in this Plan. Subsequent Years of Service
shall be earned by a Participant who has four hundred thirty five Hours
Worked within a Plan Year beginning with the Plan Year which includes the

15 SMWO180


8.5

8.6

8.7

(F)

which age 35 is attained, notice shall be provided within the two year period
beginning one year prior to Separation and ending one year after separation. If
such a participant thereafter returns to employment with the employer, the
applicable period for such participant shall be redetermined.

Notwithstanding the other requirements of this section, the respective notices
prescribed by this section need not be given to a participant if (1) the plan "fully
subsidizes" the costs of a qualified joint and survivor annuity or qualified
preretirement survivor annuity, and (2) the plan does not allow the participant to
waive the qualified joint and survivor annuity or qualified preretirement survivor
annuity and does not allow a married participant to designate a nonspouse
beneficiary.

(1) For purposes of this Paragraph (F), a plan fully subsidizes the costs of a
benefit if under the plan no increase in cost or decrease in benefits to the
participant may result from the participant's failure to elect another benefit.
Prior to the time the plan allows the participant to waive the qualified
preretirement survivor annuity, the plan may not charge the participant for
the cost of such benefit by reducing the participant's benefits under the
plan or by any other method.

Post-Retirement Death Benefit

(A)

(B)

If a Vested Participant who is receiving Normal, Early, or Vested Retirement
Benefits, and who has waived the Qualified Joint and 50% Survivor Benefit, dies
prior to receiving a total of sixty monthly payments, then the Vested Participant's
Beneficiary or Beneficiaries shall be eligible to receive a continuation of the
deceased Vested Participant's Retirement Benefit for the remaining balance of the
sixty months.

qd) Effective for retirements on or after August 1, 2009, there shall be no Post-
Retirement Death Benefits provided by the Plan.

In the event death benefits are being paid in accordance with this Section and the
Beneficiary dies, any remaining monthly payments will be paid to the legal
representative of the Beneficiary's estate.

Designation of Beneficiary

(A)

The Spouse at the time of death of a married Participant is his Beneficiary.

No Beneficiary Designation

(A)

When a Participant dies without designating a Beneficiary, the Death Benefit shall
be paid to such Participant's legal Spouse, if any.

36 SMW0201


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

7A

72

7.3

TA

BENEFIT

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

(A)

In lieu of the Normal or Early Retirement Benefits otherwise provided under this
Plan, a Participant, subject to the spousal consent under Section 6.1, shall have the
right to elect that his Retirement Benefits shall be payable in an actuarially
reduced amount for the remainder of the Participant's life, with a certain period of
sixty or one hundred twenty monthly payments.

Eligibility for the Five or Ten Year Certain and Life Benefit

(A)

A Participant will be eligible to have a right to elect the Five or Ten Year Certain
and Life Benefit provided:

(1) The Participant has completely retired from employment with all Employers
within the jurisdiction of this Fund;

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

(3) The Participant has elected and applied for a Five or Ten Year Certain and
Life Benefit on a form prescribed by the Trustees, and the Trustees have
approved the application.

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

(A)

@)

A Participant electing the Five or Ten Year Certain and Life Benefit shall, after
retirement, be paid a reduced monthly income that shall be the Actuarial Equivalent
to the Normal or Early Retirement Benefit to which the Participant is otherwise
entitled.

A Participant who meets the eligibility requirements for a Five or Ten Year Certain
and Life Benefit and has selected the same on an application approved by the
Trustees, shall become entitled to the Five or Ten Year Certain and Life Benefits as
of the first day of the month next following receipt of his application by the
Trustees.

When Paid

(A)

This option provides a monthly retirement income to the Participant as long as he
lives. If the Participant dies after the date retirement income begins but before he
has received payments for sixty or one hundred twenty months, the remaining
payments for the balance of the certain period shall be paid, as due, to his named
Beneficiary or, if no Beneficiary has been designated or is alive at the Participant's

32 SMWO0197


D. Except as expressly amended or modified herein, all of the terms of the Plan are
hereby affirmed.

IN WITNESS WHEREOF, this Amendment has been executed by the Trustees on the
23 day of September, 2013.

SMW0252


returning to work in a trade or craft in which he was employed at any time under the
Plan and shall include any supervisory or managerial activity that is reasonably
related to the underlying skills associated with the trade or craft for which the retiree
was trained or in which he acquired his work experience.

10.7. Geographic Area

(A)

The retiree is reemployed in the "same geographic area,” which shall be defined as
the States of Ohio and West Virginia and portions of those states located as a part of
a Standard Metropolitan Statistical Area, as defined by the U.S. Census Bureau.

10.8 Notification and Presumption

(A)

(B)

A retiree shall be required to notify the Fund Office at such time as he becomes
reemployed as defined under the conditions set forth in Section 10.2 or 10.3. In the
event a retiree fails to comply with the Plan’s notification requirements and the
Trustees discover the retiree has become reemployed as provided in Section 10.2 or
10.3, the Trustees may act on the basis of a presumption that the retiree has
exceeded the hours of reemployment allowable under Section 10.2 or 10.3. Upon
said discovery, the retiree's benefit shall be immediately suspended and the retiree
will be notified accordingly. The Trustees shall have the right to apply the
suspension retroactively to the initiation of work by the retiree's employer at the job
site. The Trustees may request information from the retiree concerning his
reemployment activity, including tax withholding statements in any given period
related to the suspected reemployment and other reasonable information for the
purpose of verifying such employment.

Upon application of the Presumption Rule, the retiree shall be given the opportunity
to come forward at a Suspension Review Proceeding and demonstrate that, in fact,
he did not work the minimum number of hours of relevant service for the period for
which the benefits were suspended.

10.9 Notification Requirement for Resumption of Benefits

(A)

A retiree shall request resumption of his benefits at such time as he no longer
meets the conditions of Sections 10.2 or 10.3 of this Article by submitting his
request for resumption of his benefits on an appropriate form as approved and
provided by the Board of Trustees.

10.10 Reinstatement of Retirement Benefits

(A)

Subject to Section 10.12, upon a retiree's termination of the employment which
resulted in the suspension of his Retirement Benefits, provided the retiree gives
notice as required under Section 10.9, those Retirement Benefits shall be resumed
on the first day of the calendar month following the receipt of notice required under
Section 10.9 as follows:

41 SMW0206


(©)

(D)

individual;

(2) Performed as required pursuant to 10 U.S.C. 10147, under 32 U.S.C.
502(a) or 503, or to fulfill additional training requirements determined and
certified in writing by the Secretary of the Military Department considered
to be necessary for professional development or for completion of skill
training or retraining;

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

(a) Ordered to or retained on active duty under sections 12301(a),
12301(g), 12302, 12304, 12305, or 688 of Title 10, United States
Code, or under 14 U.S.C. 331, 332, 359, 360, 367, or 712;

(b) Ordered to or retained on active duty (other than for training) under
any provision of law during a war or during a national emergency
declared by the President or the Congress;

(c) Ordered to active duty (other than for training) in support, as
determined by the Secretary of the Military Department concerned,
of an operational mission for which personnel have been ordered to
active duty under 10 U.S.C. 12304;

(d) Ordered to active duty in support, as determined by the Secretary
of the Military Department concerned, of a critical mission or
requirement of the uniformed services; or

(e) Called into Federal service as a member of the National Guard
under Chapter 15 or under Section 12406 of Title 10, United States
Code.

Contributions shall be made for the above leave of absences by the Fund, in
compliance with 38 U.S.C. Section 4318, as amended, and any regulations
promulgated thereunder. The basis for determining the contributions would be the
average monthly Hours Worked by the Employee requiring contributions to the
Plan immediately preceding Qualified Military Service, not to exceed a period of
thirty-six months.

In order for an Employee to receive continuing benefits as outlined above and in
Paragraph (B) of this Section, upon the completion of a period of service in the
uniformed services, said Employee shall notify the respective Employer with
advance written or verbal notice of such service. An Employee, upon the
completion of such period of service in the uniformed services, shall notify the
Employer, as referred to in such subsection below, of the Employee’s intent to
return to a position of employment with such Employer as follows:

9 SMWO0174


(1) received compensation from the Employer in excess of Eighty Thousand
Dollars (as adjusted pursuant to Section 415 (d) of the Internal Revenue
Code); and

(2) who during the determination year or look back year was a five percent
owner at any time during either year.

(B) If no officer has satisfied the compensation requirement above during either a
determination year or look-back-year, the highest paid officer for such year shall be
treated as a Highly Compensated Employee.

(C) For this purpose, the determination year shall be the Plan Year. The look-back-year
shall be the twelve-month period immediately preceding the determination year.

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

(A) Only employees identified in Section 1.13, are permitted to participate in this Plan.
16.4 Requirements of the Internal Revenue Code

(A) _ This Article is solely for the purpose of complying with the requirements of the

Internal Revenue Code and Regulations issued thereunder and shall not be applied
except to the extent necessary to comply with such requirements.

69 SMW0234


(B)

(C)

individual retirement account within sixty days after the date on which the recipient
receives the distribution and (2) the ten-year income averaging and capital gains
provisions, if applicable.

Effective January 1, 1993, the following applies to distributions involving direct
rollovers:

qd)

Notwithstanding any provision of the Plan to the contrary that would
otherwise limit a Participant's election under this part, a Participant may
elect, at the time and in the manner prescribed by the Plan Administrative
Manager, to have any portion of an eligible rollover distribution that is
equal to at least Five Hundred Dollars paid directly to an eligible
retirement Plan specified by the Participant in a direct rollover.

Eligible Rollover Distribution

ay

(2)

An eligible rollover distribution means any distribution to an Employee or
spousal distribute of all or any portion of the balance to the credit of the
employee in a qualified plan. Thus, any amount distributed to an
Employee or spousal distribute from a qualified plan is an eligible rollover
distribution, regardless of whether it is a distribution of a benefit that is
protected under section 411(d)(6).

However, an eligible rollover distribution does not include the following:
(a) Any distribution that is one of a series of substantially equal
periodic payments made (not less frequently than annually) over

any one of the following periods

(i) The life of the employee (or the joint lives of the employee
and the employee's designated beneficiary);

(ii) The life expectancy of the employee (or the joint life and
last survivor expectancy of the employee and the
employee's designated beneficiary); or

(iii) A specified period of ten years or more;

(b) Any distribution to the extent the distribution is a required
minimum distribution under section 401 (a)(9);

(c) Any distribution which is made upon hardship of the employee;
(d) The portion of any distribution that is not includible in gross
income (determined without regard to the exclusion for net

unrealized appreciation described in Code section 402(e)(4)). Thus,
for example, an eligible rollover distribution does not include the

51 SMW0216


12.14 Commencement of Benefits and Method of Payment

(A)

(B)

(co)

@)

(E)

Effective May 1, 1997, the commencement date for pension payments shall be in
accordance with the appropriate Plan provision as stated in Articles III through IX.
A Participant’s benefits shall be distributed to him not later than April 1" of the
calendar year following the later of:

(1) the calendar year in which the Participant attains age seventy and one-half;
or

(2) the calendar year in which the Participant ceases to be employed in
Covered Employment where contributions are being paid to the Plan on
his behalf.

However, this subsection shall not apply in the case of a Participant who is or was
a five percent owner at any time during his participation in the Plan. A five
percent owner shall commence his benefits under Section 12. 14(A)(1) above.

Unless the mode of distribution is a single sum payment, distributions will be
made each year in one of the following ways:

(1) over the life of the Participant,
(2) over the life of the Participant and a designated Beneficiary,

(3) over a period certain not to extend beyond the life expectancy of the
Participant, or

(4) over a period certain not to extend beyond the joint life and last survivor
expectancy of the Participant and a designated Beneficiary.

If a distribution is considered to have commenced in accordance with the Internal
Revenue Service Regulations (IRS Regulations) before the Participant's death, the
remaining interest will be distributed at least as rapidly as under the method of
distribution being used as of the date of the Participant's death.

If the Participant dies before the time when distribution is considered to have
commenced in accordance with the IRS Regulations, the following requirements
shall be satisfied:

(1) any remaining portion of the Participant's interest that is not payable to a
Beneficiary designated by the Participant will be distributed within five
years after the Participant’s death; and

(2) any portion of the Participant's interest that is payable to a beneficiary
designated by the Participant will be distributed either

49 SMW0214


(C)

(D)

(E)

officer of the employer having annual compensation greater
than $130,000 (as adjusted under section 416(i)(1) of the
Code for plan years beginning after December 3 1, 2002), a
5-percent owner of the employer, or a 1-percent owner of
the employer having annual compensation of more than
$150,000. For this purpose, annual compensation means
compensation within the meaning of section 415(c)(3) of
the Code. The determination of who is a key employee will
be made in accordance with section 416(i)(1) of the Code
and the applicable regulations and other guidance of
general applicability issued thereunder.

Determination of present values and amounts. This Section shall apply for
purposes of determining the present values of accrued benefits and the amounts of
account balances of employees as of the determination date.

03)

(2)

Distributions during year ending on the determination date. The present
values of accrued benefits and the amounts of account balances of an
employee as of the determination date shall be increased by the
distributions made with respect to the employee under the plan and any
plan aggregated with the plan under section 416(g)(2) of the Code during
the 1-year period ending on the determination date. The preceding
sentence shall also apply to distributions under a terminated plan which,
had it not been terminated, would have been aggregated with the plan
under section 416(g)(2)(A)(i) of the Code. In the case of a distribution
made for a reason other than severance from service, death, or disability,
this provision shall be applied by substituting "5-year period" for "l-year
period."

Employees not performing services during year ending on the
determination date. The accrued benefits and accounts of any individual
who has not performed services for the employer during the 1-year period
ending on the determination date shall not be taken into account,

Minimum benefits

(1)

For purposes of satisfying the minimum benefit requirements of section
416(c)(1) of the Code and the plan, in determining years of service with
the employer, any service with the employer shall be disregarded to the
extent that such service occurs during a plan year when the plan benefits
(within the meaning of section 410(b) of the Code) no key employee or
former key employee.

Contributions under other plans. If both this Plan and a defined contribution plan
maintained by the same Plan sponsor are top-heavy, the Participant will receive
the defined benefit minimum.

55 SMW0220


(B)

(C)

notify the claimant of the Plan’s adverse benefit determination within a reasonable
period of time, but not later than forty-five days after receipt of the claim by the
Plan. This forty-five day period may be extended by the Plan for up to thirty days,
provided that the Administrative Manager both determines that such an extension
is necessary due to matters beyond the control of the Plan and notifies the
claimant, prior to the expiration of the initial 45-day period, of the circumstances
requiring the extension of time and the date by which the Plan expects to render a
decision. If, prior to the end of the first 30-day extension period, the
Administrative Manager determines that, due to matters beyond the control of the
Plan, a decision cannot be rendered within that extension period, the period for
making the determination may be extended for up to an additional thirty days,
provided that the Administrative Manager notifies the claimant, prior to the
expiration of the first 30-day extension period, of the circumstances requiring the
extension and the date as of which the Plan expects to render a decision. In the
case of any extension under this paragraph, the notice of extension shall
specifically explain the standards on which entitlement to a benefit is based, the
unresolved issues that prevent a decision on the claim, and the additional
information needed to resolve those issues, and the claimant shall be afforded at
least forty-five days within which to provide the specified information.

The period of time within which a benefit determination is required to be made
will begin at the time the claim is filed in accordance with the reasonable
procedures of the Plan, without regard to whether all information necessary to
make a benefit determination accompanies the filing. If additional information is
necessary to make a benefit determination, the period of time for making the
benefit determination shall be tolled from the date the notification for additional
information is requested until the claimant responds to the request for additional
information.

The notice shall be written in a manner calculated to be understood by the
claimant, and shall contain:

(1) the specific reason or reasons for the adverse determination;

(2) specific reference to pertinent plan provisions on which the determination
was based;

(3) a description of any additional material or information necessary for the
claimant to perfect his claim and an explanation of why such material or
information is necessary;

(4) a description of the plan’s review procedures and the time limits
applicable to such procedures, including a statement of the claimant’s right
to bring a civil action under Section 502(a) of ERISA following an adverse
benefit determination on review;

59 SMW0224


unless otherwise required by law.

12.5 Assignment of Benefits

(A)

Except as otherwise expressly permitted by the Plan or required by law, including a
Qualified Domestic Relations Order as defined in Section 1.31, and administered in
accordance with Article XI, no money, property, equity or interest of any nature
whatsoever in the Trust Fund, group annuity or other contract, or any benefits or
moneys payable therefrom shall be subject to sale, transfer, assignment,
encumbrance or other anticipation, nor to seizure or sale under any legal, equitable
or other process. In the event that any claim or benefit shall, because of any debt
incurred by or resulting from any other claim or liability against any Participant or
Beneficiary, or by reason of any sale, assignment, transfer, encumbrance,
anticipation or other disposition made or attempted by said Participant or
Beneficiary, by reason of any seizure or sale or attempted sale under any legal,
equitable or other process, or in any suit or proceeding become payable, or be liable
to become payable to any person other than the Participant or Beneficiary for whom
the same is intended, as provided herein, and in any pension plan established
hereunder, the Trustees shall have power to withhold payment of such claim or
benefit to such Participant or Beneficiary until such assignment, transfer,
encumbrance, anticipation or other disposition, writ or legal process is canceled or
withdrawn, and the Trustees shall have the right to use and apply the benefit as the
Trustees may seem best, directly for the support and maintenance of such
Participant or Beneficiary.

12.6 Forfeitures

(A)

Notwithstanding any other provisions of this Plan, any amounts that might be
forfeited by a Participant or former Participant shall not be used to increase the
benefits of any other remaining Participants.

12.7 Small Benefits

(A)

(B)

The Trustees may make arrangements for the payment of small monthly Retirement
Benefits in less frequent payments of larger amounts.

Notwithstanding any other provisions of this Plan to the contrary, if the Actuarial
Equivalent of any monthly benefit payable under the Plan does not exceed Five
Thousand Dollars, the Actuarial Equivalent of such benefit may, at the discretion of
the Board of Trustees, be distributed to the payee in a lump-sum in lieu of any other
benefits provided by the Plan. However, effective March 28, 2005, any mandatory
or involuntary lump-sum distributions in an amount in excess of $1,000, but less
than $5,000, shall only be made in the form of an automatic rollover TRA, as
provided for by the Plan. Lump-sum distributions of an amount less than $1,000
may still be made in a lump-sum form made directly to the Participant. Provided
further, the interest of an alternate payee pursuant to a Qualified Domestic Relations

47 SMW0212


ARTICLE II: CLASSES OF BENEFITS
2.1 Classes of Benefits
(A) There shall be three Classes of Benefits payable under this Plan.
(ld) Normal Retirement Benefits
(2) Early Retirement Benefits
(3) Death Benefits

(B) _ Notwithstanding any other provisions of the Pension Plan, no Participant shall be
eligible for more than one Class of Benefits at the same time.

19 SMWO0184


ARTICLE IX: VESTING

91 Vesting

(A)

(B)

(©)

An Inactive Participant who has not attained his Normal or Early Retirement age
shall be vested as follows:

(1) As a Non-Collectively Bargained Employee, the Terminated Vested
Participant has earned at least five Years of Service with at least one Hour
of Service on or after May 1, 1989 and has completely retired from

Covered Service employment with all Employers within the jurisdiction of
this Fund.

(2) As a Collectively Bargained Employee, the Terminated Vested Participant
has earned at least five Years of Service with at least one Hour of Service
on or after May 1, 1997, and has completely retired from Covered Service
employment with all Employers within the jurisdiction of this Fund.

For an Active Participant:

(l) With at least one Hour of Service on or after May 1, 1997;

(2) Who attains vesting credit through Service;

(3) For work performed under Collective Bargaining Agreement(s); and

(4) Who becomes a Terminated Vested Participant after earning five or more
Years of Service

shall be one hundred percent vested in his accrued benefit and will become
eligible for a Normal or Early Retirement Benefit at such time as he reaches
Normal or Early Retirement Age, as defined by the Plan provision in effect at the
time he was first considered to be a Terminated Vested Participant. The Vested
Benefit shall not extend to the Total and Permanent Disability Benefit.

In any event, any Participant who reaches his Normal Retirement Age prior to
termination of employment shall be one hundred percent vested.

9.2 When a Participant Returns to Work

(A)

In the event a Terminated Vested Participant who is one hundred percent vested
returns to Covered Employment with an Employer before benefit payments
commence, then additional Service will be credited on his behalf from the date he
returns to employment and Employer contributions are again made on his behalf.

37 SMW0202


ARTICLE XVI: DISCRIMINATION AND MINIMUM COVERAGE REQUIREMENTS

16.1 Compensation Defined

(A)

(B)

(C)

@)

The term "compensation" means the compensation for the year of the Participant
from the Employer reduced by all of the following items (even if includible in gross
income); reimbursements or other expense allowances, fringe benefits (cash and
noncash), moving expenses, deferred compensation, and welfare benefits.

For years beginning on or after January 1, 1989, and before January 1, 1994, the
annual compensation of each Participant taken into account for determining all
benefits provided under the Plan for any Plan year shall not exceed Two Hundred
Thousand Dollars. This limitation shall be adjusted by the Secretary at the same
time and in the same manner as under Section 415(d) of the Internal Revenue Code,
except that the dollar increase in effect on January 1 of any calendar year and the
first adjustment to the Two Hundred Thousand Dollars limitation is effective on
January 1, 1990.

For years beginning on or after January 1, 1994, the annual compensation limit of
each Participant taken into account for determining all benefits provided under the
Plan for any determination period shall not exceed One Hundred Fifty Thousand
Dollars, as adjusted for the cost-of-living in accordance with Section
401(a)(17)(B) of the Internal Revenue Code. The cost-of-living adjustment in
effect for a calendar year applies to any determination period beginning in such
calendar year.

The Annual Compensation of each Participant taken into account in determining
benefit accrual in any Plan Year beginning after December 31, 2001, shall not
exceed Two Hundred Thousand Dollars. Annual Compensation means
Compensation during the Plan Year or such other consecutive twelve month
period over which Compensation is otherwise determined under the Plan (the
determination period). The Two Hundred Thousand Dollar limit on annual
Compensation shall be adjusted for cost-of-living increases in accordance with
Section 401{a)(17)(B) of the Code. The cost-of-living adjustment in effect for a
calendar year applies to annual Compensation for the determination period that
begins with or within such calendar year. In determining benefit accruals in Plan
Years beginning after December 31, 2001, the annual Compensation limit, for
determination periods beginning before January 1, 2002, shall be Two Hundred
Thousand Dollars.

16.2 Highly Compensated Employee

(A)

Effective May 1, 1997, the term “Highly Compensated Employee” includes highly
compensated active Employees and highly compensated former employees. A
Highly Compensated Employee includes any Employee who performs service for
the Employer during the determination year and during the look back year who:

68 SMW0233


15.1 Limitation Year

15.2. Annual Benefit.

15.3 Participation in Other Defined Benefit Plans.

15.4 Accrued Benefit Prior to July 1, 2007.

15.5 Limitations oe eceeeeeeee
ARTICLE XVI: DISCRIMINATION AND MINIMUM COVERAG REQUIREMENTS68
16.1 Compensation Defined

16.2 Highly Compensated Employee.

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

16.4 Requirements of the Internal Revenue Code v...e..ccessseeesse
ARTICLE XVII: AMENDMENT AND TERMINATION OF PLAN
17.1 Plan Amendments....

17.2. Termination of the Plan

17.3. Procedures in Event of Terminatio

17.4 Manner of Distribution

17.5 Allocation of Assets.

17.6 Vesting on Termination

17.7 Merger or Consolidation of the Plan

iv SMWO0165


assets, the actuarial present value of the "benefit liabilities" (as
defined in Act Section 4001(a)(16)) under the Plan as of the
proposed termination date, and confirmation that the Plan is
projected to be sufficient for such "benefit liabilities" as of the
proposed date of final distribution;

(b) a certification by the Administrative Manager that the information
provided to the PBGC and upon which the enrolled actuary based his
certification is accurate and complete; and

(c) such other information as the PBGC may prescribe by regulation.

(2) The certification of the enrolled actuary and of the Administrative Manager
shall not be applicable in the case of a Plan funded exclusively by individual
insurance contracts.

(3) No later than the date on which the follow-up notice is sent to the PBGC, the
Administrative Manager shall provide all Participants and Beneficiaries
under the Plan with an explanatory statement specifying each such persons'
"benefit liabilities,” the benefit form on the basis of which such amount is
determined, and any additional information used in determining "benefit
liabilities" that may be required pursuant to regulations promulgated by the
PBGC.

(4) A standard termination may only take place if at the time the final
distribution of assets occurs, the Plan is sufficient to meet all "benefit
liabilities" determined as of the termination date.

17.4 Manner of Distribution

(A)

Subject to the foregoing provisions of this Article, all distributions after termination
of the plan shall normally be made by the Trustees in the form of annuity purchases
in accordance with annuity purchase rate assumptions selected by the Trustees in
accordance with such governmental regulations as may apply. Alternatively, the
Trustees may, in their discretion, make distributions, in whole or in part, in cash or
in securities of other assets in kind, to the extent that no discrimination in value
results and such distributions are not inconsistent with ERISA.

17.5 Allocation of Assets

(A)

(B)

Upon termination of this Plan, the assets then remaining in the Trust Fund shall be
allocated and distributed to participants in a manner substantially similar to Section
4044 of the Employee Retirement Income Security Act of 1974, as amended.

The assets so allocated to each such participant shall be distributed in the form of a

retirement benefit commencing on such date on or after the date of termination of

7m SMW0236


17.1

17.2

17.3

ARTICLE XVII: AMENDMENT AND TERMINATION OF PLAN

Plan Amendments

(A) — Any amendment to this Plan may be made retroactively by the majority action of the
Board of Trustees present and voting in order to bring this Plan in compliance with
ERISA and any subsequent amendments thereto. It is the desire of the Trustees to
maintain this Plan as a qualified Plan and Trust under Sections 40 1(d) and 501(a) of
the United States Internal Revenue Code of 1954, as amended by ERISA and to the

extent it is necessary to maintain said qualification the Trustees may amend this
Plan retroactively.

(B) The Trustees who are present and voting may amend this Plan by majority action as
evidenced by an instrument in writing executed by the Trustees provided, however:

())

Q)

(3)

No amendment shall deprive any Participant, retired Participant, former

Participant or any Beneficiary of any vested rights to which he is entitled
under this Plan;

No amendment shall provide for the use of the Trust Fund for any purpose
other than for the benefit of the Participants and their Beneficiaries; and

No amendment shall cause any funds contributed to this Plan or any assets
of the Trust Fund to revert to or be made available to an Employer.

Termination of the Plan

(A) _ The Trustees may terminate this Plan at any time as evidenced by an instrument in
writing executed by a majority of the Trustees present and voting.

Procedures in Event of Termination

(A) _ Standard Termination Procedure

0)

The Administrative Manager shall first notify all "affected parties" (as
defined in Act Section 4001(a)(21)) of the intention to terminate the Plan
and the proposed date of termination. Such termination notice must be
provided at least sixty days prior to the proposed termination date.
However, in the case of a standard termination, it shall not be necessary to
provide such notice to the Pension Benefit Guaranty Corporation (PBGC).
As soon as practicable after the termination notice is given, the
Administrative Manager shall provide a follow-up notice to the PBGC
setting forth the following:

(a) a certification of an enrolled actuary of the projected amount of the

assets of the plan as of the proposed date of final distribution of

70 SMW0235


(2)

(4)

information this Fund deems necessary to enable it to fully study and
understand the other funds:

(a)
(b)
1)
@)

(e)

eligibility requirements and benefit provisions and formulas;
prior benefit improvements and implementation dates;
investment statement policy and prior investment experience;

prior and current funding status and the actuarial methods and
assumptions under which such status was determined.

other fund(s) agrees:

(i) that there will be no Unfunded Vested Benefit (potential
employer withdrawal liability) immediately after the date of
merger and agrees that it is desirable in the long term to
maintain a “no Unfunded Vested Benefit” status;

(ii) with this Fund on appropriate actuarial methods and
assumptions that would be used to determine the initial
funding status of the merged plan;

(iii) with this Fund on the manner of making future benefit
changes as it would effect the three major classes of
Participants - actives, terminated vesteds, and retireds.

The Normal Retirement Benefit formula of the merged plan will,
immediately after the date of merger, provided:

(a)

(b)

that Participants of the merged fund will receive benefit credit for
each hour worked for contributing Employers during future Plan
Years;

that current Active Participants of this Fund (immediately prior to
the date of merger) will earn at least as much benefit credit for
years worked after the date of merger as would have been earned
under the provisions of this Fund, for the same number of Hours
Worked and the same Employer contribution rate.

The Normal Retirement Age, Early Retirement Age and early retirement
reduction factors of the merged Plan would be at least a favorable to
Participants of this Fund as such provisions exist in this Fund immediately
prior to the date of merger.

All provisions of federal law and regulations concerning plan mergers are

B SMW0238


6.6 Eligibility for Qualified Joint and 75% Survivor Benefits

(A)

A Participant who has completely retired from employment with all Employers in
the jurisdiction of this Fund shall be eligible for a Qualified Joint and 75% Survivor
Benefit provided:

(1) The Participant is eligible for Normal Retirement or Early Retirement
Benefits;

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

A Participant who satisfies the foregoing eligibility requirements for Qualified
Joint and 75% Survivor Benefits but wishes to elect and apply for Normal
Retirement or Early Retirement Benefits may do so prior to the date his Qualified
Joint and 75% Survivor Benefits commences; and, provided further, that the
Participant and his Spouse have waived the Qualified Joint and 50% Survivor
Benefit in accordance with Section 6.1(E) After commencement of his Qualified
Joint and 75% Survivor Benefits, his right to elect a Qualified Joint and 50%
Survivor Benefit, Normal Retirement or an Early Retirement Benefits shall cease,

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

(A)

(B)

(

The Qualified Joint and 75% Survivor Benefit provides a reduced monthly
income that shall be the Actuarial Equivalent to the Normal Retirement or Early
Retirement Benefits to which the Participant is otherwise entitled.

Effective for those Participants who first commence receiving a Qualified Joint
and 75% Survivor Form of Benefit on or after May 1, 2008, and thereafter, if, as a
result of a divorce, a Qualified Domestic Relations Order is issued which provides
for the waiver of all spousal benefits, then the amount of the Participant’s benefit
shall be increased to the amount of the Participant’s Normal or Early Retirement
Benefit as though the Participant had not previously elected the Qualified Joint
and 75% Survivor Form of Benefit. The revised benefit amount will be effective
on the first day of the month following the month that the Qualified Domestic
Relations Order is approved and will be payable for the Participant’s remaining
life.

Effective May 1, 2008, in the event the Spouse should predecease a Participant
receiving benefits under this Article, the amount of the Participant's benefit will
be increased to the amount of the Participant's Normal or Early Retirement
Benefit as though the Participant had not previously elected the Qualified Joint
and 75% Survivor Benefit. The revised benefit amount will be effective on the
first day of the month following the death of the Participant's Spouse and will be
payable for the Participant's remaining lifetime. For purposes of this Article, a
Participant's surviving Spouse is the person as defined in Section 1.37.

30 SMWO0195


(©)

(D)

€)

first anniversary of the Employee's employment commencement date. The
total Service of the Participant shall not include any years of Break in
Service nor any years of Forfeited Service.

For purposes of determining Years of Service, all Covered Service with all
Employers and all Contiguous Non-Covered Service with an Employer maintaining
the Plan shall be taken into account provided, however, no Contiguous Non-
Covered Service shall be credited to the Fund unless the Employer or Participant
notifies the Administrative Manager of the Hours Worked by the Participant in Non-
Covered Service within ninety days after the date of participation or the Plan Year,
whichever is later.

Also, for purposes of determining Years of Service, Reciprocity Hours Worked, if
any, shall be taken into account.

Armed Services Credit: Effective for those active Participants who apply for
benefits on or after May 1, 1993 through December 11, 1994, one Year of Future
Service at the benefit accrual rate in effect during the period the Participant serves in
the armed services shall be granted for each Plan Year during which a Participant
serves in the armed services for a period of six months or more and returns to active
participation in the Plan within six months following his discharge from the armed
services provided, however, no Participant shall earn more than one Year of Future
Service credit in a Plan Year in which service in the armed services occurred. After
December 11, 1994, Section 1.21 shall apply.

1.36 Sheet Metal Industry

(A)

The term "Sheet Metal Industry" means any and all types of work covered by
Collective Bargaining Agreements to which the Union is a party; or under the trade
jurisdiction of the Union, as that trade jurisdiction is described in the International
Union's Constitution; or any other work to which a Sheet Metal Worker has been
assigned, referred or can perform because of his skills and training. For the
purposes of this section only, the term "Sheet Metal Industry" shall not include
employment in a related building trade, provided, however, that such employment is
on referral by and authorized by the Union.

1.37 Spouse or Eligible Spouse

(A)

(B)

The term "Spouse" or "Eligible Spouse" means the legal Spouse of the Participant at
the time a Pre-Retirement Death Benefit is first payable or the legal Spouse of the
Participant at the time the Participant commences receiving Retirement Benefits
provided by this Plan.

Effective June 26, 2013, the term “Spouse” or “Eligible Spouse” shall include

individuals married to a person of the same sex if the individuals were lawfully
married under state law in a state whose laws authorize the marriage of two

16 SMWOI81


perform work resulting in a suspension of benefits under Article X.
3.4 Calculation of Benefit for Terminated Vested Participants

(A) _ The provisions of the Plan that are in effect at the time a Participant becomes a
Terminated Vested Participant shall apply to any benefit calculation at the time the
Participant becomes eligible to receive a Normal or Early Retirement Benefit.

(B) In the event a Terminated Vested Participant subsequently retums to Covered
Service, the Plan provisions in effect after the Terminated Vested Participant returns
to Covered Service shall apply only to Service earned after his return to Covered
Service and for the purpose of calculating any benefit, the accrued benefit earned
prior to the Participant becoming a Terminated Vested Participant shall be added to
the accrued benefit earned after his retum to Covered Service.

2 SMWO187


contracts), all investments made and held by the Trustees, all income, increments,
earnings, and profits therefrom and any and all other property or funds received and
held by the Trustees by reason of their acceptance of the Trust Agreement.

1.43. Union
(A) _ The term "Union" means the Sheet Metal Workers Union No. 33 of Northern Ohio
and West Virginia who have in effect with the Association or with other Employers,

Collective Bargaining Agreements providing for the establishment of a Pension Plan
and Trust Fund and for the payment of contributions to such Fund.

1.44 Vested Participant

(A) “Vested Participant” means a Participant who earns at least one Hour of Service on
or after May 1, 1997 with at least five Years of Service.

1.45 Vesting and Benefit Accrual Computation Period

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

18 SMWO0183


6.8

(1) For Retirements effective on or after August 1, 2009, the Qualified Joint and
50% Survivor Benefit will be actuarially reduced to be equivalent to a
benefit that does not increase upon the death of the Participant’s Spouse.
Alternatively, the Participant can elect to opt out of this provision.

When Paid

(A)

(B)

(C)

If a Participant meets the eligibility requirements for a Normal Retirement and
Qualified Joint and 75% Survivor Benefits, such Participant shall become entitled to
the Qualified Joint and 75% Survivor Benefit no later than the sixtieth day
following the end of the Plan Year in which the Participant becomes eligible for
Normal Retirement Benefits.

If a Participant meets the eligibility requirements for Early Retirement and Qualified
Joint and 75% Survivor Benefits, such Participant shall become entitled to a
Qualified Joint and 75% Survivor Benefit as of the first day of the month next
following receipt of his properly executed application by the Trustees,

All monthly benefits under this section will continue for the lifetime of the
Participant until the first day of the calendar month succeeding the death of the
Participant. Seventy-five percent of such monthly benefits will continue to be made
thereafter to the eligible Spouse until the first day of the calendar month succeeding
the death of the eligible Spouse.

31 SMW0196


1.29

1.30

Trust Document shall be deemed to be a successor agreement to the Collective
Bargaining Agreement under which such Owner-Member was most recently
covered, by so-contributing the Employer agrees to be bound by the terms of the
Plan Document and Trust Document, and such Owner-Member shall be deemed to
continue to be covered under such Collective Bargaining Agreement, including any
changes thereto, at the position the Owner--Member most recently held under such
Collective Bargaining Agreement for purposes of determining the Contribution Rate
and the Contribution Hours on behalf of the Owner-Member. If a Contributing
Employer employing an Owner-Member fails to make contributions to the Plan with
respect to any Employee, including the Owner-Member, the Owner-Member shall
cease to be an Employee as of the first day of the month that follows the due date of
the unpaid contribution(s). In such case, the Owner-Member shall become an
Employee again when the Contributing Employer resumes making timely
contributions to the Plan on behalf of all its Covered Employees, including the
Owner-Member, provided, however, that the Owner-Member shall not be in
Covered Employment for the one-year period commencing on the date of such
resumption. Notwithstanding anything in this Section to the contrary, the term
“Employee” or “Participant” shall not include any individual who is the sole
proprietor of or a partner in a business organization, or an independent contractor.

Pension Plan — Plan

(A) The term "Pension Plan" or "Plan" means the plan, program, method, rules and
procedure for the payment of benefits from the Trust Fund and amendments thereto
which have been established and adopted by the Trustees as herein provided.

Plan Year

(A) The term "Plan Year" means the twelve month period beginning May 1 and ending

the following April 30.

Qualified Domestic Relations Order

(A)

The term "Qualified Domestic Relations Order" means a Domestic Relations
Order which creates or recognizes the existence of an alternate payee's right to, or
assigns to an alternate payee the right to, receive all or a portion of the benefits
payable with respect to a Participant or former Participant, which clearly specifies:

(1) the name and the last known mailing address (if any) of the Participant or
former Participant and the name and mailing address of each alternate
payee covered by the order,

(2) the amount or percentage of the Participant's or former Participant's

benefits to be paid by the Plan to each such alternate payee, or the manner
in which such amount of percentage is to be determined,

13 SMWO178


Except as expressly amended or modified herein, all of the terms of the Plan are
hereby affirmed.

IN WITNESS WHEREOF, this Amendment has been executed by the Trustees on the
23" day of September, 2013.

MANAGEMENT TRUSTEES

SMW0250


(©)

this Plan, but in any event not later than his normal retirement date, as the
Administrative Manager shall select. Such distribution shall be accomplished
through either (A) continuance of the Trust Fund or a new trust fund or (B) purchase
of annuity contracts; provided, however, that the Trustees may direct that the Trust
Fund be continued with respect to some of the participants and that annuity
contracts be purchased with respect to the other participants. Effective May 1, 1998,
if any allocation produces a retirement benefit which has a lump sum actuarial
equivalent of less than Five Thousand Dollars, the Trustees, in their sole discretion,

may direct payment of the lump sum actuarial equivalent in lieu of such retirement
benefit.

Any sums remaining in the Trust Fund, after satisfaction of or provision for all
liabilities with respect to all persons entitled to benefits under this Plan and all
expenses of the Trust Fund, shall be allocated proportionately among the
Participants. Each Participant shall be allocated that portion of the remaining assets
which bears the same relationship to the total remaining assets as such Participant's
present value of his monthly accrued pension bears to the aggregate present values
to the aggregate present value of all participants' monthly accrued pensions.

17.6 Vesting on Termination

(A)

Notwithstanding anything to the contrary contained in this Article XVII and for the
sole purpose of complying with the provisions of Section 411(d)(3) of the Internal
Revenue Code, in the event of termination or partial termination of this Plan, the
interests in this Plan, of all participants affected by such termination or partial
termination shall be fully vested and nonforfeitable to the extent funded as of the
date of such termination or partial termination. For purposes of this Section, no
event shall be deemed to be a "partial termination" unless: (A) the Trustees have so
designated such event in a writing delivered to the participating Employers; or (B)
such event has been finally and expressly determined to be a partial termination
within the meaning of Section 411(d) of the Internal Revenue Code of 1954, as
amended, in an administrative or judicial proceeding to which both the Trustee and
the Commissioner of Internal Revenue or his delegate were parties.

17.7 Merger or Consolidation of the Plan

(A)

(B)

In the event of the merger or consolidation with, or transfer of assets or liabilities
to, any other deferred compensation plan and trust, no accrued benefit of a
Participant or Beneficiary shall be lower immediately after the effective date of
the merger or transfer than the accrued benefit immediately before the effective
date of merger of transfer.

The Trustees will agree to pursue merger discussions with other multi-employer
pension fund(s) only under the following conditions:

(1) The other pension fund(s) provides this Fund with all requested

R SMW0237


Code Sections 401(k)(2)(B)(i)(), 403(b)(7)(A)Gi), 403(b)(11)(A), or
457(d)(1)(A)(ii), an individual shall be treated as having been severed
from employment during any period the individual is performing service in
the uniformed services described in Code Section 3401 (h)(2)(A).

(C) Death Benefits

(1) With respect to deaths and disabilities occurring on or after January 1,
2007, in the case of a participant who dies while performing qualified
military service, as defined in Code Section 414(u), the survivors of the
participant are entitled to any additional benefits, other than benefit
accruals relating to the period of qualified military service, provided under
the plan had the participant resumed and then terminated employment on
account of death.

12.25 Normal Form of Benefit

(A) The Normal Form of Benefit is a single life annuity.

37 sMWw0222


ine

1.13

community property law).

Early Retirement Age

(A) _ For a Participant who earns Service as a Non-Collectively Bargained Employee,
Early Retirement Age means the Participant's age prior to his sixty-second
birthday when he first reaches age fifty-five and has been credited with five or
more Years of Service.

(B) _ For those Active Participants who retire on or after January 1, 1999, “Early
Retirement Age” means the age prior to the Participant’s sixty-first birthday when
he first reaches age fifty-five and has been credited with five or more Years of
Service.

Effective Date

(A) | The term "Effective Date" means the applicable date(s) the provisions of this Plan
become effective. Where no effective date is specified, the effective date shall be
May 1, 2014.

Employee

(A) _ The term "Employee" means:

(1)

(2)

(3)

All Employees represented for the purpose of collective bargaining by the
Union who perform more than fifty percent of their work as bargaining unit
work for an Employer who is required to make contributions to the Trust
Fund in accordance with a Collective Bargaining Agreement. These
Employees shall be referred to as Collectively Bargained Employees.

All Employees who are former Collectively Bargained Employees who are
performing work for an Employer which is a party to a Collective
Bargaining Agreement or is/are Employees of the Union. These Employees
shall be referred to as Bargaining Unit Alumni and their participation in the
Plan is permitted only if the Plan does not treat Bargaining Unit Alumni
more favorably than similarly situated Bargaining Unit Employees and that
no more than five percent of the Participants in the Plan are Bargaining Unit
Alumni. For purposes of vesting and benefit accrual earned after May 1,
1989, these Employees shall be considered Non-Collectively Bargained
Employees.

All other Employees of the Union who are not Bargaining Unit Alumni who
participate on a non-discriminatory basis and are not treated more favorably
than similarly situated Collectively Bargained Employees or Bargaining Unit
Alumni. These Employees shall be referred to as Non-Collectively
Bargained Employees.

5 SMWO0170


6.3

6.4

may do so prior to the date his Qualified Joint and 50% Survivor Benefits
commence. After commencement of his Qualified Joint and 50% Survivor
Benefits, his right to elect Normal Retirement Benefits, Early Retirement Benefits or
Qualified Joint and 75% Survivor Benefits shall cease.

Description and Amount of Qualified Joint and 50% Survivor Benefits

(A)

(B)

(C)

The Qualified Joint and 50% Survivor Benefit provides a reduced monthly
income that shall be the Actuarial Equivalent to the Normal Retirement Benefits,
Early Retirement Benefits or Qualified Joint and 75% Survivor Benefits to which
the Participant is otherwise entitled,

Effective for those Participants who first commence receiving a Qualified Joint
and Survivor Form of Benefit on or after May 1, 1998, and thereafter, if as a result
of a divorce, a Qualified Domestic Relations Order is issued which provides for
the waiver of all spousal benefits, then the amount of the Participant’s benefit
shall be increased to the amount of the Participant’s Normal or Early Retirement
Benefit as though the Participant had not previously elected the Qualified Joint
and Survivor Form of Benefit. The revised benefit amount will be effective on
the first day of the month following the month that the Qualified Domestic
Relations Order is approved and will be payable for the Participant’s remaining
life.

Effective January 1, 1995, in the event the Spouse should predecease a Participant
receiving benefits under this Article, the amount of the Participant's benefit will
be increased to the amount of the Participant's Normal or Early Retirement
Benefit as though the Participant had not previously elected the Qualified Joint
and 50% Survivor Benefit. The revised benefit amount will be effective on either
the first day of the month following the death of the Participant's Spouse or the
date of notification to the Fund Office of such death and will be payable for the
Participant's remaining lifetime. For purposes of this Article, a Participant's
surviving Spouse is the person as defined in Section 1.37.

(1) For Retirements effective on or after August 1, 2009, the Qualified Joint and
50% Survivor Benefit will be actuarially reduced to be equivalent to a
benefit that does not increase upon the death of the Participant’s Spouse.
Alternatively, the Participant can elect to opt out of this provision.

When Paid

(A)

If a Participant meets the eligibility requirements for Normal Retirement and
Qualified Joint and 50% Survivor Benefits and the Participant and his Spouse have
not waived the Qualified Joint and 50% Survivor Benefit form, such Participant
shall become entitled to Qualified Joint and 50% Survivor Benefit no later than the
sixtieth day following the end of the Plan Year in which the Participant becomes
eligible for Normal Retirement Benefits.

28 SMW0193


(N) _ Effective July 28, 2014, no legal action regarding an applicant’s benefit may be
commenced or filed against the Board of Trustees or the Plan more than | year
after the mailing of the Board of Trustees’ decision on appeal as specified in
Sections 13.3(J) or (M), whichever is later.

64 SMW0229


ARTICLE XV: LIMITATION IMPOSED BY INTERNAL REVENUE SERVICE

15.1 Limitation Year

(A)

The limitations of this article shall apply in limitation years beginning May 1,
2007, except as otherwise provided herein.

15.2 Annual Benefit

(A)

The Annual Benefit otherwise payable to a participant under the plan at any time
shall not exceed the Maximum Permissible Benefit. If the benefit the participant
would otherwise accrue in a Limitation Year would produce an Annual Benefit in
excess of the Maximum Permissible Benefit, the benefit shall be limited (or the
rate of accrual reduced) to a benefit that does not exceed the Maximum
Permissible Benefit.

15.3 Participation in Other Defined Benefit Plans

(A)

If the participant is, or has ever been, a participant in another qualified defined
benefit plan (without regard to whether the plan has been terminated) maintained
by the employer or a predecessor employer, the sum of the participant’s Annual
Benefits from all such plans may not exceed the Maximum Permissible Benefit.
Where the participant’s employer-provided benefits under all such defined benefit
plans (determined as of the same age) would exceed the Maximum Permissible
Benefit applicable at that age.

15.4 Accrued Benefit Prior to July 1, 2007

(A)

The application of the provisions of this article shall not cause the Maximum
Permissible Benefit for any participant to be less than the participant’s accrued
benefit under all the defined benefit plans of the employer or a predecessor
employer as of the end of the last Limitation Year beginning before July 1, 2007
under provisions of the plans that were both adopted and in effect before April 5,
2007. The preceding sentence applies only if the provisions of such defined
benefit plans that were both adopted and in effect before April 5, 2007 satisfied
the applicable requirements of statutory provisions, regulations, and other
published guidance relating to § 415 of the Internal Revenue Code in effect as of
the end of the last Limitation Year beginning before July 1, 2007, as described in
§ 1.415(a)-1(g)(4) of the Income Tax Regulations.

15.5 Limitations

(A)

The limits imposed by Code Section 415 are incorporated by reference. There
may be no accruals or benefit distributions in excess of the Code Section 415
limitations. No annual benefit exceeding the Code Section 415(b) limitation will
be accrued or payable in any optional form of benefit payable under the Plan,
including the normal form of benefit. Employer discretion is also precluded.

66 SMW0231


(B) Annual adjustments to the Code Section 415 limitations made pursuant to Code
Section 415(d) are incorporated by reference.

(C) The combination and/or aggregation of plans as provided in Code Section
415((1) and 415(g) shall not apply to this Plan in determining the limitations
under Code Section 415(b) inasmuch as this Plan is a multi-employer plan as
defined in Code Section 414(f).

(D) _ For this purpose, annual compensation means compensation within the meaning
of section 415(c)(3) of the Code.

67 SMW0232


ARTICLE V: TOTAL AND PERMANENT DISABILITY BENEFITS

Effective September 1, 2013, there shall be no disability benefits provided by this Plan. This

Section 5.1 shall not affect participants who are, or have been approved for, and/or are receiving
a disability benefit prior to September 1, 2013.

5 SMW0190


AMENDMENT NO. 2
TO THE AMENDED AND RESTATED
SHEET METAL WORKERS LOCAL PENSION PLAN

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1,

2002; and

WHEREAS, Article XVI, Section 1, permits the Trustees to amend or modify this Plan

at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and
exemption requirements of the Code or to meet any of the requirements of the Act or

corresponding provisions of any subsequent or amendatory federal legislation which is
applicable;

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by

resolution duly made, seconded and approved that, effective as of the dates herein provided, the

PLAN be amended in the following respects, said amendments being hereby incorporated into
the PLAN:

A,

Effective June 1, 2011, Article I, Section 1.13 shall be amended by including a new
Section 1.13 (A)(5), which shall read as follows:

(5) An Owner-Member as defined in the collective bargaining agreement between
Sheet Metal Workers Local Union No. 33, Akron District and the
Akron/Canton/Mansfield Roofing and Sheet Metal Contractors’ Association.

Effective June 1, 2011, Article I, Section 1.28 shall be amended by adding a new
Section 1.28 (E), which shall read as follows:

(E) An Owner-Member, as defined in Section 1,13(A)(5), shall be deemed a
“Participant” or an “Employee” if (1) a Contributing Employer is required to contribute to
the Plan on behalf of the Owner-Member pursuant to a Collective Bargaining Agreement, or
(2) the Owner-Member is employed by a Contributing Employer, is not included in a
collective bargaining unit represented either by the Union but is permitted to be treated as so
included pursuant to the rules set forth in Treasury Regulation Section 1.410(b)-6(4)(2) (ii),
and the Owner-Member's Employer contributes to the Plan on behalf of the Owner Member in
order to continue to provide benefits previously provided to the Owner-Member as a Covered
Employee. Ifa Contributing Employer contributes to the Plan on behalf of an Owner-Member
pursuant to this Section 1.28(E), the Plan Document and the Trust Document shall be deemed
to be a successor agreement to the Collective Bargaining Agreement under which such
Owner-Member was most recently covered, by so-contributing the Employer agrees to be
bound by the terms of the Plan Document and Trust Document, and such Owner-Member shall
be deemed to continue to be covered under such Collective Bargaining Agreement, including
any changes thereto, at the position the Owner-Member most recently held under such
Collective Bargaining Agreement for purposes of determining the Contribution Rate and the
Contribution Hours on behalf of the Owner-Member. If a Contributing Employer employing

SMW0242


(E)

(F)

standard mortality table described in IRS Code Section 807(d)(5)(A) used to
determine reserves for group annuity contracts (without regard to any other
subparagraph of Section 807(d)(5).

Effective May 1, 2008, the applicable interest rate means the adjusted first,
second, and third segment rates applied under rules similar to the rules of §
430(h)(2)(C) for the month before the date of the distribution or such other time as
the Secretary may by regulations prescribe.

The adjusted first, second, and third segment rates are the first, second, and third
segment rates which would be determined under § 430(h)(2)(C) if:

(1) § 430(h)(2)(C) were applied by substituting the average yields for the
month described for the average yields for the 24-month period described
in such section,

(2) § 430(h)(2)(G)()(ID were applied by substituting “§ 417(e)(3)(A)(ii)(I)”
for “§ 412(b)(5)(B)(ii) I)”, and

(3) the applicable percentage under § 430(h)(2)(G) were determined in
accordance with the following table:

In the case of plan years beginning in: The applicable percentage is:

1.5

1.6

CS)

2008 20%
2009 40%
2010 60%
2011 80%

The term “applicable mortality table’ means a mortality table, modified as
appropriate by the Secretary, based on the mortality table specified for the plan
year under subparagraph (A) of § 430(h)(3) (without regard to subparagraph (C)
or (D) of such section).

Beneficiary

(A)

The term "Beneficiary" means a person designated by a Participant, or by the terms
of the Plan created pursuant to the Trust Agreement, who is or may become entitled
to a benefit. The Beneficiary of a married Participant shall be his spouse.

Break in Service

(A)

The term "Break In Service" means a Plan Year beginning on and after the time an
Employee becomes an eligible Participant during which the Participant fails to
acquire four hundred thirty five hours worked.

2 SMW0167


1.2

1.3

1.4

ARTICLE I: DEFINITIONS

Accrued Benefit

(A) | The term "Accrued Benefit" means a monthly benefit commencing at Normal
Retirement Age that has been earned by a Participant for Service according to the
benefit formula described in Section 3.2.

Act— ERISA

(A) | The term "Act" or "ERISA" means the Employee Retirement Income Security Act
of 1974, including any Amendments and pertinent Regulations.

Active Participant

(A) The term "Active Participant" means a Participant who has not yet become a
retired, deceased, Inactive Participant or a Terminated Vested Participant and who
has not yet suffered Forfeited Service, but who has accrued at least one Year of
Service during the two preceding Plan Years.

Actuarial Equivalent

(A) _ The term "Actuarial Equivalent" means a benefit having the same value as the
benefit which it replaces. Effective May 1, 1988, an Actuarial Equivalent annuity
shall be based upon the Unisex Pension 1984 (UP-84) mortality table, such table
set back five years for joint annuitants, and an interest rate of six and one-half
percent.

(B) The determination of the amount of a single sum cash out paid prior to May 1,
1995 shall be based upon the Unisex Pension 1984 (UP-84) mortality table and
the immediate and deferred interest rates in effect at the beginning of the Plan
Year as published by the PBGC for use in determining the present value of a lump
sum distribution.

(C) The determination of the amount of a single sum cash out paid on or after May 1,
1995 shall be based upon the Commissioners’ Standard Table and an interest rate
equal to:

(1) the annual rate of interest as defined in IRS Code Section 417(e)(3) and
ERISA Section 205(g)(3) for the month before the date of distribution, or

(2) six percent,
whichever produces the greater single sum value.

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

1 SMW0166


(B)

(©)

()

(3) the number of payments or period to which such order applies, and
(4) each plan to which such order applies.

In addition, a Domestic Relations Order will be a Qualified Domestic Relations
Order only if such order:

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

(2) does not require the Plan to provide increased benefits (determined on the
basis of actuarial value), and

(3) does not require the payment of benefits to an alternate payee which are
required to be paid to another alternate payee under another Domestic
Relations Order previously determined to be a Qualified Domestic Relations
Order.

A Domestic Relations Order otherwise satisfying the provisions hereof shall be a
Qualified Domestic Relations Order even though such order requires payment of
benefits to be made to an alternate payee on or after the date the Participant or
former Participant attains (or would have attained) the earliest date on which, under
the Plan, the Participant or former Participant could elect to receive Retirement
Benefits, as if the Participant or former Participant had retired on the date on which
such payment is to begin under such order and in any form in which such benefits
may be paid under the Plan to the Participant or former Participant (other than in the
form of a Qualified Joint and Survivor Annuity with respect to the alternate payee
and his subsequent spouse). The prior sentence shall apply notwithstanding any
provisions to the Plan requiring a termination of employment prior to eligibility for
the payment of benefits.

As used in this section, an "alternate payee" means any spouse, former spouse, child
or other dependent of a Participant or former Participant who is recognized by a
Domestic Relations Order as having a right to receive all, or a portion of, the
benefits payable under the Plan with respect to such Participant or former
Participant.

1.32 Reciprocity Hours Worked

(A)

For purposes of crediting Service under this Plan, if the Board of Trustees enter into
money-follows-the-man reciprocity agreements, such agreements shall be a part of
this Plan and all hours transferred into this Plan under such agreements shall be
credited as Hours Worked for crediting Service under this Plan, All hours
transferred from this Plan in accordance with such reciprocity agreements will at
such time be removed from the records of this Plan and no longer will be credited
towards participation, vesting, eligibility and benefit accrual.

14 SMW0179


1.7

1.8

1.9

1.10

the individual’s period of Qualified Military Service, ie. any service in the
uniformed service by any individual who is entitled to re-employment rights under
USERRA, Code Section 414(u)(5).

(G) _ Each period of Qualified Military Service by an individual is, upon reemployment
under Uniformed Services Employment and Reemployment Rights Act
(USERRA), considered under the Plan to be Service with the Employer
maintaining the Plan for the purpose of: (1) determining the nonforfeitability of
the individual’s Accrued Benefits under the Plan, and (2) determining the accrual
of benefits under the Plan.

(H) Notwithstanding the foregoing, no Hours of Service shall be credited under this
section unless the Employee was in the active Service of an Employer prior to
such an absence due to Qualified Military Service, such absence did not exceed
five years and the Employee fulfills the notice requirements set forth in Section
1.21 and as required by 38 U.S.C. Section 4312, et seq., as amended, and any
regulations promulgated thereunder.

Computation Period for Eligibility to Participate

(A) The computation period used to determine the eligibility of an Employee to
participate in the Plan shall be measured from the first day of the Employee's first
payroll period, as long as the payroll period is no more than thirty-one days, and
ending on the anniversary of the last day of such payroll period.

Contiguous Non-Covered Service

(A) _ The term "Contiguous Non-Covered Service" means Non-Covered Service with the
same single Employer which immediately precedes or immediately follows Covered
Service where no quit, discharge, lay-off or retirement occurs between such Covered
Service and Non-Covered Service.

Covered Service

(A) _ The term "Covered Service" means service with an Employer or Employers within a
job classification or class of Employees covered under the Plan that compensation is
paid for, or is entitled to payment for, in accordance with the Collective Bargaining
Agreement or other agreement.

Domestic Relations Order

(A) The term "Domestic Relations Order" means any judgment, decree or order
(including approval of a property settlement agreement) which relates to the
provision of child support, alimony payments or marital property rights to a spouse,
former spouse, child or other dependent of a Participant or former Participant, and
which is made pursuant to a State Domestic Relations Order (including a

4 SMWO0169


AMENDMENT NO. 5

TO THE AMENDED AND RESTATED
SHEET METAL WORKERS LOCAL PENSION PLAN

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1,
2010; and

WHEREAS, Article XVIL Section 1, permits the Trustees to amend or modify this Plan
at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and
exemption requirements of the Code or to meet any of the requirements of the Act or
corresponding provisions of any subsequent or amendatory federal legislation which is
applicable;

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by
resolution duly made, seconded and approved that, effective as of the dates herein provided, the

PLAN be amended in the following respects, said amendments being hereby incorporated into
the PLAN:

A. Effective August 1, 2013, Article IM, Section 3.2(A)(2) shall be amended by adding
the following language:

8-1-13 and After 0% of Employer Contributions
B. Effective August 1, 2013, Article IIL, Section 3.2(B) shall be amended as follows:

For an Active Participant who retires on or after May 1, 2006, the Future Service Benefit
shall be equal to (a) 3.65% of Employer Contributions made on his/her behalf for hours
worked prior to May 1, 2003; plus (b) 2.2% of Employer Contributions (except for the
non-accrual limitations set forth above) made on his/her behalf for hours worked between
May 1, 2003 and April 30, 2006; plus (c) .36 % of Employer Contributions made on
his/her behalf for hours worked between May 1, 2006 and July 31, 2013. There will be
no future service benefit accrual subsequent to July 31, 2013 unless reinstated by the
Trustees.

Cc. Effective September 1, 2013, Article V, entitled “Total and Permanent Disability
Benefits”, shall be amended by adding the following new Section 5.6:

5.6 The Disability Benefit provided for herein shall be eliminated on and after

September 1, 2013. This Section 5.6 shall not affect participants who are, or have been
approved for, and/or are receiving a disability benefit prior to September 1, 2013.

SMW0251


AMENDMENT NO. 3
TO THE AMENDED AND RESTATED
SHEET METAL WORKERS LOCAL PENSION PLAN

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1,
2010; and

WHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan
at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and
exemption requirements of the Code or to meet any of the requirements of the Act or

corresponding provisions of any subsequent or amendatory federal legislation which is
applicable;

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by
resolution duly made, seconded and approved that, effective as of the dates herein provided, the
PLAN be amended in the following respects, said amendments being hereby incorporated into
the PLAN, pursuant to an IRS information request dated August 9, 2012:

A. Effective May 1, 2008, Section 6.1(C) shall be amended in its entirety to read as
follows:

(C) _ Effective May 1, 2008, in order that each Participant may have an adequate Opportunity to
make an election, an election period is hereby established. This period shall be no less
than thirty (30) and no more than one hundred eighty (180) days before the Participant's
pension commencement date. During the election period the Participant shall have the
right to receive a written explanation of:

() The terms and conditions of the Qualified Joint and 50% Survivor Annuity and
the relative value of optional forms of benefits,

(2) The Participant’s right to make an election to waive the Qualified Joint and 50%
Survivor Annuity;

(3) The right of the Participant’s Spouse to consent to any election to waive the
Qualified Joint and 50% Survivor Annuity;

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

(5) Any other explanation required under Section 401 (a)(11)(E) or 417(a)(3)(A) of
the Internal Revenue Code and any lawful regulations thereunder.

SMW0244


Except as expressly amended or modified herein, all of the terms of the Plan are
hereby affirmed.

IN WITNESS WHEREOEF, this Amendment has been executed by the Trustees on the
18" day of April, 2013.

SMW0247


3.1

ARTICLE Tl: NORMAL RETIREMENT BENEFITS

Eligibility for Normal Retirement Benefits

(A) An Active Participant who has completely retired from employment with all
Employers in the jurisdiction of the Fund shall be eligible for a Normal Retirement
Benefit at such time the Participant reaches his Normal Retirement Age.

(B) In addition, in order to be eligible for Normal Retirement Benefits, the Active
Participant shall have elected and applied for a Normal Retirement Benefit on a
form prescribed and approved by the Trustees.

Amount of Normal Retirement Benefit

(A) _ The Normal Retirement Benefit shall be a monthly benefit equal to the sum of the
Active Participant's Past Service Benefit, if any, and his Future Service Benefit as
follows:

(1) Past Service Benefit: The Past Service Benefit shall be equal to the
Participant's Years of Service during the period May 1, 1946 to May 1,
1961, multiplied by:

(a) Three Dollars and Fifty Cents, if the Participant is not eligible for
pension benefits under the Sheet Metal Workers National Pension
Plan.

(b) — Two Dollars, if the Participant is eligible for pension benefits under
the Sheet Metal Workers National Pension Plan.

(2) Future Service Benefit: For an Active Participant retiring, the Future
Service Benefit shall be equal to a percentage of the Employer
contributions made to the Trust Fund on his behalf subsequent to the later
of May 1, 1961, or the date the Participant last suffered Forfeited Service.
Such percentage to be determined from the following table:

Participant’s Retirement Future Service Benefit

Date

Prior to 5-1-82 2.2% of Employer Contributions
5-1-82 thru 4-30-83 2.4% of Employer Contributions
5-1-83 thru 4-30-84 2.6% of Employer Contributions
5-1-84 thru 4-30-87 2.8% of Employer Contributions
5-1-87 thru 4-30-90 3.0% of Employer Contributions
5-1-90 thru 4-30-94 3.5% of Employer Contributions
5-1-94 thru 4-30-03 3.65% of Employer Contributions
5-1-03 thru 6-30-05 2.2% of Employer Contributions

20 SMWO0185


SHEET METAL
WORKERS LOCAL
PENSION FUND

Amended and Restated Effective May 1, 2014*

” Except as Otherwise Stated

SMWOI61


AMENDMENT NO. 4
TO THE AMENDED AND RESTATED
SHEET METAL WORKERS LOCAL PENSION PLAN

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May I,
2010; and

WHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan
at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and
exemption requirements of the Code or to meet any of the requirements of the Act or

corresponding provisions of any subsequent or amendatory federal legislation which is
applicable;

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by
resolution duly made, seconded and approved that, effective as of the dates herein provided, the

PLAN be amended in the following respects, said amendments being hereby incorporated into
the PLAN:

A. Effective January 1, 2009, Section 12.24 shall be added to the Plan and shall read as
follows:

12.24 HEART Act Provisions
(A) _ Differential Wage Payments

(1) For Plan Years beginning on or after January 1, 2009, (i) an individual
receiving a differential wage payment shall be treated as an employee of
the employer making the payment; (ii) the differential wage payment shall
be treated as compensation; and (iii) the plan shall not be treated as failing
to meet the requirements of any provision described in Code Section
414(u)(1)(C) by reason of any contribution or benefit which is based on
the differential wage payment.

(2) This provision shall be applicable only if all employees of an employer are
entitled to receive differential wage payments on reasonably equivalent
terms and, if eligible to participate in a retirement plan maintained by the
employer, and are so permitted by the plan, to make contributions based
on the payments on reasonably equivalent terms.

(3) Differential Wage Payment shall mean any payment which (i) is made by
an employer to an individual with respect to any period during which the
individual is performing service in the uniformed services, as defined in
chapter 43 of title 38, United States Code, while on active duty for a
period of more than 30 days, and (ii) represents all or a portion of the
wages the individual would have received from the employer if the

SMW0248


(1) above, the Trustees may deduct up to twenty-five percent of the retiree's
subsequent benefit payment each month until the overpayment(s) are
completely recovered.

10.13 Individuals Over Age 70%

(A) If Article X applies to an individual Participant who retires after age 70/4 , the
Participant’s benefit shall only be suspended pursuant to Article X to the extent
his/her monthly pension benefit exceeds the monthly required minimum distribution
amount required pursuant to LR.C. Code Section 401(a)(9) and regulations
promulgated thereunder.

43 SMW0208


(B)

(C)

accepted for participation in the Fund by the Trustees on terms which, in
their absolute discretion, the Trustees shall determine.

(a) The Employers in this subsection shall have no vote in the selection
of Employer Trustees.

Employer shall also include any individual, firm, association, partnership, or
corporation who has a Collective Bargaining Agreement with the Trustees, makes
contributions according to that agreement to the Trust Fund on Bargaining Unit
Alumni employed by it subject to the restrictions of Section 1.13.

The Employers shall, by the making of payments to the Trust Fund pursuant to a
Collective Bargaining Agreement, be conclusively deemed to have accepted and be
bound by this Plan.

1.15 Employer Contributions or Contributions

(A)

The term "Employer Contributions" or "Contributions" means payments to the Trust
Fund by an Employer as required under applicable Collective Bargaining
Agreements or other written agreements.

1.16 Fiduciary

(A)

The term "Fiduciary" means a person who:

qd) Exercises any discretionary authority or discretionary control respecting
management of this Plan or exercises any authority or control respecting
management or disposition of its assets;

(2) Renders investment advice for a fee or other compensation, direct or
indirect, with respect.to any monies or other property of this Plan, or has any
authority or responsibility to do so; or

(3) | Has any discretionary authority or discretionary responsibility in the
administration of this Plan.

1.17 Forfeited Service

(A)

®)

The term "Forfeited Service” means the number of Years of Service as otherwise
credited to a Participant that becomes forfeited. If a Non-Vested Employee forfeits
Service under this Plan and subsequently returns to employment with an Employer,
he shall be treated as if he were a new Employee first beginning to work with an
Employer. A Vested Employee cannot forfeit Service under this Plan.

All Service credited to a Non-Vested Employee shall be forfeited at the time such
Employee suffers consecutive one year Breaks in Service equaling or exceeding the

7 sMWwo172


(4)

All Employees of an employee benefit plan related to the Union who are
Bargaining Unit Alumni or Non-Collectively Bargained Employees and who
participate on a non-discriminatory basis.

An Owner-Member as defined in the collective bargaining agreement
between Sheet Metal Workers Local Union No. 33, Akron District and the
Akron/Canton/Mansfield Roofing and Sheet Metal Contractor’s
Association.

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

(C) An Employee shall not be ineligible to participate in the benefits of the Plan because
of his participation in a labor dispute or because of his absence from work due to
such labor dispute or because of his being locked out by his Employer.

1.14 Employer

(A) The term "Employer" means:

()

(2)

(3)

The Akron-Canton-Mansfield Sheet Metal and Roofing Contractors
Association and the Wheeling/Steubenville Area Sheet Metal and Roofing
Contractors Association, which are hereinafter referred to as the
"Association." Employers who are parties to a Collective Bargaining
Agreement with the Union as a result of their affiliation with the Association
shall be referred to as "Association Employers."

Any other individual, firm, association, partnership or corporation who are
performing work at the sheet metal trade and who are bound by a Collective
Bargaining Agreement with said Union and in accordance therewith agree to
participate in and contribute to the Trust Fund herein created and provided
for. The participation of Employers shall be on terms which the Trustees, in
their absolute discretion, shall determine. An Employer in this subsection
shall be called an "Independent Employer."

If the Trustees by resolution so provide, and if not judicially determined by a
court of final jurisdiction to be a violation of any law or statute, the term
"Employer" may also include the Union for its Employees who participated
in the Original Plan prior to this Restatement and any Employee who
becomes employed by the Union in the Union's Akron/Wheeling district,
and may also include the Trustees, for their Employees, or any Employee of
an employee benefit plan related to the Union for its Employees provided
first any of the above organizations (1) becomes contractually obligated to
make contributions on behalf of its Employees; (2) signs a copy of this
agreement or in some other manner acceptable to the Trustees consents in
writing to be bound by the terms of this agreement; and (3) has been

6 SMWOI71


12.22 Annual Actuarial Valuation

(A)

Effective May 1, 2008, pursuant to the Pension Protection Act of 2006 (“PPA”),
this Plan will undergo a full actuarial evaluation each Plan Year. If the Plan is in
Endangered Status, as defined by the PPA, the Plan will follow the PPA
procedures for adopting a Funding Improvement Plan, as defined by the PPA. If
the Plan is in Critical Status, as defined by the PPA, the Plan will follow the PPA
procedures for adopting a Rehabilitation Plan, as defined by the PPA.

12.23 Consequences of Deferral

(A)

Effective May 1, 2007, notices/forms that relate to distributions will include a
description of a Participant's right (if any) to defer receipt of a distribution and
will describe the consequences of failing to defer receipt of the distribution,

pursuant to the Regulations and other guidance provided by the Treasury and/or
Labor.

12.24 HEART Act Provisions

(A)

(B)

Differential Wage Payments

(1) For Plan Years beginning on or after January 1, 2009, (i) an individual
receiving a differential wage payment shall be treated as an employee of
the employer making the payment; (ii) the differential wage payment shall
be treated as compensation; and (iii) the plan shall not be treated as failing
to meet the requirements of any provision described in Code Section
414(u)(1)(C) by reason of any contribution or benefit which is based on
the differential wage payment.

(2) This provision shall be applicable only if all employees of an employer are
entitled to receive differential wage payments on reasonably equivalent
terms and, if eligible to participate in a retirement plan maintained by the
employer, and are so permitted by the plan, to make contributions based
on the payments on reasonably equivalent terms.

(3) Differential Wage Payment means any payment which (i) is made by an
employer to an individual with respect to any period during which the
individual is performing service in the uniformed services, as defined in
chapter 43 of title 38, United States Code, while on active duty for a
period of more than 30 days, and (ii) represents all or a portion of the
wages the individual would have received from the employer if the
individual were performing service for the employer.

Special Rule for Distributions

(1) For Plan Years beginning on or after January 1, 2009, for purposes of

56 sMW0221


ARTICLE X: SUSPENSION OF RETIREMENT BENEFITS

10.1 Suspension of Retirement Benefits

(A) _ Retirement Benefits shall be suspended for Participants receiving any of the
following forms of payment at such time as all of the conditions set forth in Sections
10.2, 10.3, 10.4, and 10.5 are met:
qd) Normal Retirement Benefits
(2) Early Retirement Benefits
(3) Qualified Joint and 50% or 75% Survivor Benefits
(4) Ten Year Certain and Life Benefits

(B) _ For purposes of this Article, "reemployment" shall be as defined as to include self:
employment.

10.2 Before Normal Retirement Age

(A) __ Ifthe Participant has not attained Normal Retirement Age, his monthly benefit shall
be suspended for any four or five week payroll period which falls within a calendar
month in which he worked or was paid for at least forty hours in disqualifying
employment. Disqualifying employment means employment or self employment
that is:

(1) In the same industry covered by the Plan when the Participant’s pension
payment began, as defined under Section 10.5; and

(2) In the same trade or craft covered by the Plan at the time the Participant’s
pension payment began, as defined under Section 10.6; and

(3) In the same geographic area covered by the Plan when the Participant’s
pension payment began, as defined under Section 10.7.

(B) Exceptions To Disqualifying Employment:

(1) Notwithstanding any other provision in Article X, the term “Disqualifying
Employment” does not include the following:

(a) Working sixty hours or less per month for the Sheet Metal Workers’
International Association for a Local Union affiliated with the
International Association or for a joint apprenticeship training
committee that is sponsored by, or affiliated with, a Local Union that
is an affiliate of the International Association.

39 SMW0204


(B)

12.7

(1)

Effective May 1, 2008, Section 6.5(B) shall be amended in its entirety to read as
follows:

Effective May 1, 2008, in order that each Participant may have an adequate opportunity to
make an election, an election period is hereby established. This period shall be no less
than thirty (30) and no more than one hundred eighty (180) days before the Participant's
pension commencement date. During the election period the Participant shall have the
right to receive a written explanation of:

(1) The terms and conditions of the Qualified Joint and 75% Survivor Annuity and
the relative value of optional forms of benefits.

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

(3) Any other explanation required under Section 401(a)(11)(E) or 417(a)(3)(A) of
the Internal Revenue Code and any lawful regulations thereunder.

Effective March 28, 2005, Section 12.7 shall be amended to read as follows:

Small Benefits

(A) The Trustees may make arrangements for the payment of small monthly
Retirement Benefits in less frequent payments of larger amounts.

(B) Effective May 1, 1998, notwithstanding any other provisions of this Plan to the
contrary, if the Actuarial Equivalent of any monthly benefit payable under the
Plan does not exceed Five Thousand Dollars ($5,000.00), the Actuarial Equivalent
of such benefit may, at the discretion of the Board of Trustees, be distributed to
the payee in a lump-sum in lieu of any other benefits provided by the Plan.
However, effective March 28, 2005, any mandatory or involuntary lump-sum
distributions in an amount in excess of $1,000, but less than $5,000, shall only be
made in the form of an automatic rollover IRA, as provided for by the Plan.
Lump-sum distributions of an amount less than $1,000 may still be made in a
lump-sum form made directly to the Participant. Provided further, the interest of
an alternate payee pursuant to a Qualified Domestic Relations Order shall not be
considered in determining whether or not a Participant shall be eligible for a
lump-sum distribution.

Effective May 1, 2002, Section 12.21(C)(1) shall be amended to read as follows:
Distributions during year ending on the determination date. The present values of accrued
benefits and the amounts of account balances of an employee as of the determination date

shall be increased by the distributions made with respect to the employee under the plan
and any plan aggregated with the plan under section 416(g)(2) of the Code during the 1-

SMW0245


6.2

()

(G)

()

50% Survivor Benefit shall not take effect unless one of the following conditions
is satisfied:

(1) The Spouse of the Participant consents in writing to such election, and the
Spouse's consent acknowledges the effect of such election and is witnessed
by a Plan representative or a notary public.

(2) It is established to the satisfaction of a Plan representative that the consent
required under subsection (1) above, may not be obtained because there is
no Spouse, because the Spouse cannot be located, or because of such other
circumstances as the Secretary of Treasury may by regulations prescribe.

Any consent by a Spouse, or establishment that the consent of a Spouse may not
be obtained, shall be effective only with respect to such Spouse. A Participant
may revoke any election previously made, or deemed to be made, under this
Article if made prior to commencement of the payment of benefits under the Plan.
An election may not be revoked after payment of benefits has commenced,

The Participant with the proper spousal consent as stated in this section, may elect
to waive the thirty day notice requirement and elect to commence benefits under
this Plan following more than seven days after the explanation of benefits is
provided to them.

All elections and revocations shall be made on the appropriate form available
from the office of the Administrative Manager of the Pension Plan and shall be
effective only upon completing, signing and filing of the form with the office of
the Administrative Manager. The Administrative Manager shall provide the
Participant with notice of the effects of the Qualified Joint and Survivor Benefit.

Eligibility for Qualified Joint and 50% Survivor Benefits

(A)

(B)

A Participant who has completely retired from employment with all Employers in
the jurisdiction of this Fund shall be eligible for Qualified Joint and 50% Survivor
Benefits provided:

ql) The Participant is eligible for Normal Retirement or Early Retirement
Benefits;

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

(3) The Participant and his Spouse have not waived the automatic Qualified
Joint and 50% Survivor Benefit.

A Participant who satisfies the foregoing eligibility requirements for Qualified Joint

and 50% Survivor Benefits but wishes to elect and apply for Normal Retirement
Benefits, Early Retirement Benefits or Qualified Joint and 75% Survivor Benefits

27 SMWO0192


1h

ARTICLE XI: QUALIFIED DOMESTIC RELATIONS ORDER

Qualified Domestic Relations Order

(A)

()

(C)

A Qualified Domestic Relations Order shall include any Domestic Relations Order
which creates or recognizes the existence of an alternate payee's right to, or assigns
to an alternate payee the right to, receive all or a portion of the benefits payable with
respect to a Participant or former Participant, which clearly specifies:

()

(2)

(G)
(4)

the name and the last known mailing address and dates of birth of the
Participant or former Participant, and each alternate payee covered by the
Order;

the amount or percentage of the Participant's or former Participant's benefits
to be paid by the Plan to each such alternate payee, or the manner in which
such amount or percentage is to be determined.

the number of payments or period to which such order applies; and

each Plan to which such order applies.

In addition, a Domestic Relations Order will be considered a Qualified Domestic
Relations Order only if such order:

(1)

Q)

(3)

does not require the Plan to provide any type or form of benefit, or any
option, not otherwise provided under the Plan

does not require the Plan to provide increased benefits (determined on the
basis of actuarial value); and

does not require the payment of benefits to an Alternate Payee which are
required to be paid to another alternate payee under another Domestic
Relations Order previously determined to be a Qualified Domestic Relations
Order.

Time and Order of Issuance of Domestic Relations Orders.

(ty

2)

(3)

A domestic relations order otherwise meeting ERISA’s requirements to be a
QDRO shall not fail to be treated as a QDRO solely because the order is
issued after or revises another domestic relations order or QDRO.

A domestic relations order otherwise meeting ERISA’s requirements to be a
QDRO shall not fail to be treated as a QDRO solely because of the time at
which it is issued.

Any domestic relations order described in Paragraphs (A) and (B) above

44 SMW0209


6.1

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

Manner of Payment and Right of Election

(A)

(B)

(C)

(D)

(E)

The Normal Retirement or Early Retirement Benefits to which a Participant may
otherwise be entitled, shall be payable in the form of a Qualified Joint and 50%
Survivor Benefit, unless the Participant and his Spouse should elect otherwise.
Under this form of payment, a Participant who meets the eligibility requirements
as described in Section 6.2 shall be entitled to actuarially reduced monthly income
that shall be Actuarially Equivalent to the Normal Retirement or Early Retirement
Benefit to which he would have been entitled. Upon the death of the Participant,
fifty percent of the monthly income he was receiving shall continue to his
surviving Spouse for as long as she lives.

In lieu of the Qualified Joint and 50% Survivor Benefit, a Participant may elect
the Normal Retirement or Early Retirement Benefit form of payment or the
Qualified Joint and 75% Survivor Benefit and thereby waive the Qualified Joint
and 50% Survivor Benefit.

In order that each Participant may have an adequate opportunity to make an
election, an election period is hereby established. This period shall be no less than
thirty and no more than one hundred eighty days before the Participant's pension
commencement date. During the election period the Participant shall have the
right to receive a written explanation of:

qd) The terms and conditions of the Qualified Joint and 50% Survivor Annuity
and the relative value of optional forms of benefits.

(2) The Participant’s right to make an election to waive the Qualified Joint
and 50% Survivor Annuity;

(3) The right of the Participant’s Spouse to consent to any election to waive
the Qualified Joint and 50% Survivor Annuity;

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

(5) Any other explanation required under Section 401(a)(11)(E) or
417(a)(3)(A) of the Internal Revenue Code and any lawful regulations
thereunder.

During the election period, each Participant shall have the tight to waive the

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

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

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

26 SMWO0191


(Ly

(TM)

(3) In no case shall the date for the hearing set forth in (K)(1) or (K)(2), be set
for a time later than the third regular meeting of the Board of Trustees
following the receipt of the original notice of appeal. The claimant who
had a hearing under (K)(1) shall not be entitled to a hearing under (K)(2).

The Hearing:

(a)

(b)

(c)

(d)

(e)

(6)

(g)

A full written report shall be kept of the proceedings of the
hearing.

In conducting the hearing, the Board of Trustees shall not be bound
by the usual common law or statutory rules of evidence.

The claimant or his attorney shall have the tight to review the
written record of the hearing, make a copy of it and file objections
to it.

There shall be copies made of all documents and records
introduced at the hearing, attached to the record of the hearing, and
made a part of it.

All information upon which the Board of Trustees based its
original decision shall be disclosed to the claimant or his
representative at the hearing.

In the event that additional evidence is introduced by the Board of
Trustees which was not made available to the claimant prior to the
hearing, the claimant shall be granted a continuance of as much
time as the claimant desires, not to exceed thirty days.

The claimant shall be afforded the opportunity of presenting any
evidence on his behalf. If you offer new evidence, the hearing may
be adjourned for a period of not more than thirty days so the Board
of Trustees may, if they wish, investigate the accuracy of the
claimant’s new evidence or determine whether additional evidence
should be introduced.

After consideration of the appeal after a hearing, the Board of Trustees shall
advise the claimant or his representative of its decision in writing within five days
following the hearing at which the appeal was considered. The decision of the
Board of Trustees shall set forth specific reasons for their conclusion, shall be
written in a manner calculated to be understood by the claimant and shall make
reference to the pertinent Plan provisions upon which the decision is based. This
decision shall be final and binding upon the claimant.

63 SMW0228


(B)

(©)

(D)

()

(F)

It shall not be considered a Break in Service if a Participant is unable to eam one
Year of Service because of an accident or illness or service in the armed forces of
the United States, provided the administration office is notified of such accident,
illness or service in a form satisfactory to the Trustees.

If a Vested Employee who has suffered a Break in Service returns to Covered
Service with an Employer, the Vested Employee shall participate in the Plan
immediately upon returning to such Covered Service.

Ifa Non-Vested Employee has suffered a Break in Service but has not yet Forfeited
Service, as defined in Section 1.17, such Employee shall participate immediately
upon returning to Covered Service with an Employer.

A Participant who has an absence from work with an Employer,
() by reason of the pregnancy of the Participant;
(2) by reason of the birth of a child;

(3) by reason of the placement of a child with the Participant in connection with
the adoption of such child by the Participant (including placement with the
Participant for a trial period prior to adoption);

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

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

shall be credited with Hours of Service provided that the Participant timely
furnishes to the Board of Trustees such information as the Board of Trustees may
reasonably require to establish that (1) the absence from work is for one of the
reasons referred to above, and (2) the number of days for which there was such an
absence. The Hours of Service shall be credited only to the Plan Year in which the
period of absence begins if, but for such crediting, there would be a one year Break
in Service in such Plan Year. In any other case, the Hours of Service shall be
credited to the next following Plan Year. The Hours of Service to be credited are
the Hours of Service which otherwise would normally have been credited to the
Participant but for such absence. If the number of such Hours of Service cannot be
determined, eight hours shall be credited per day of such absence. In no event,
however, shall more than four hundred thirty-five Hours of Service be credited for
such period of absence. Hours of Service under this subsection shall be credited
solely for purposes of preventing the occurrence of a Break in Service.

An individual re-employed under Uniformed Services Employment and

Reemployment Rights Act (USERRA) is treated under the Plan as not having
incurred a Break in Service with the Employer maintaining the Plan because of

3 SMW0168


1.38

1.39

1.40

1.41

1.42

individuals of the same sex even if the married couple is domiciled in a state that
does not recognize the validity of same-sex marriages.

(C) _ The term “Spouse” or “Eligible Spouse” does not include individuals (whether of
the opposite sex or the same sex) who have entered into a registered domestic
partnership, civil union, or other similar formal relationship recognized under state
law that is not denominated as a marriage under the laws of that state.

Terminated Vested Participant

(A) _ The term “Terminated Vested Participant" means a Vested Employee who has not
accrued at least one Year of Service during the two preceding Plan years.

Total and Permanent Disability

(A) | The term “Total and Permanent Disability” means a final determination by the
United States Social Security Administration that a Participant is totally and
permanently disabled and is eligible for, and receiving, total and permanent
disability benefits from the Social Security Administration; or, alternatively, that a
Participant has been diagnosed with a terminal illness or a terminal condition that
will, to a reasonable medical certainty, cause the Participant to expire within
twelve months of such diagnosis. Two separate diagnoses must be provided to the
Board of Trustees, in written form, by two licensed physicians who have provided
treatment to the Participant for the illness or condition.

Trustees

(A) The term "Trustees" means any natural person designated as a Trustee pursuant to
Article III of the Trust Agreement or his successor or successors. The term
"Trustee" shall also mean the Employer Trustees and the Union Trustees
collectively, and shall include their successors when acting as Trustees. The term
"Employer Trustees" means the Trustees appointed by the Association and the term
"Union Trustees” means the Trustees appointed by the Union.

Trust Agreement

(A) | The term "Trust Agreement" means the Amended and Restated Agreement and
Declaration of Trust as originally entered into and that instrument as from time to
time amended.

Trust Fund — Fund

(A) The term "Trust Fund" or "Fund" means the SHEET METAL WORKERS LOCAL
PENSION FUND and the entire assets thereof including all funds received in the
form of Employer contributions, together with all contracts (including dividends,
interest, refunds and other sums payable to the Trustees on account of such

17 SMWO0182


year period ending on the determination date. The preceding sentence shall also apply to
distributions under a terminated plan which, had it not been terminated, would have been
aggregated with the plan under section 416(g)(2)(A)(i) of the Code. In the case of a
distribution made for a reason other than severance from service, death, or disability, this
provision shall be applied by substituting "5-year period" for "1-year period."

w

SMW0246


(E)

(F)

alternate payee under a qualified domestic relations order, as defined in
section 414(p) of the Code, are distributees with regard to the interest of
the Spouse or former Spouse. A non-Spouse beneficiary properly
designated by a deceased Participant may establish the individual account
under Code Section 408(a) or an individual retirement annuity under Code
Section 408(b) known as an “inherited IRA” into all or a portion of a death
benefit to which such non-Spouse designated beneficiary is entitled can be
transferred in a direct Trustee to Trustee transfer (a direct Rollover).

Direct rollover

(1) A direct rollover is a payment by the Plan to the eligible retirement Plan
specified by the distributee.

Mandatory Withholding
(1) Any distribution under this Plan which is an eligible rollover distribution

which is not in accordance this Section shall be subject to a twenty percent
mandatory withholding.

12.19 Limitation of Benefits

(A)

The limitation of benefits as imposed by the Internal Revenue Code are set forth in
Article XV.

12.20 Annual Statement to Participants

(A)

The Plan Administrative Manager shall annually furnish Active Participants a
statement of employer contributions provided to the Fund on their behalf.

12.21 Modification of Top-Heavy Rules

(A)

(B)

Effective date
(1) This section shall apply for purposes of determining whether the plan is a
top-heavy plan under section 416(g) of the Code for plan years beginning
after December 31, 2001, and whether the plan satisfies the minimum
benefits requirements of section 41 6(c) of the Code for such years.
Determination of top-heavy status
(a) Key employee.
(i) Key employee means any employee or former employee

(including any deceased employee) who at any time during
the plan year that includes the determination date was an

54 SMW0219


i

an Owner-Member fails to make contributions to the Plan with respect to any Employee,
including the Owner-Member, the Owner-Member shall cease to be an Employee as of the
first day of the month that follows the due date of the unpaid contribution(s). In such case, the
Owner-Member shall become an Employee again when the Contributing Employer resumes
making timely contributions to the Plan on behalf of all its Covered Employees, including the
Owner-Member, provided, however, that the Owner-Member shall not be in Covered
Employment for the one-year period commencing on the date of such resumption.
Notwithstanding anything in this Section to the contrary, the term “Employee” or “Participant”
shall not include any individual who is the sole proprietor of or a partner in a business
organization, or an independent contractor

Except as expressly amended or modified herein, all of the terms of the Plan are
hereby affirmed.

IN WITNESS WHEREOF, this Amendment has been executed by the Trustees on the
14 day of April, 2011.

MANAGEMENT TRUSTEES

2 SMWw0243


B. Except as expressly amended or modified herein, all of the terms of the Plan are
hereby affirmed.

IN WITNESS WHEREOF, this Amendment has been executed by the Trustees on the
28" day of July, 2014.

SMW0258


(B)

(C)

individual were performing service for the employer.

Special Rule for Distributions

()

For Plan Years beginning on or after January 1, 2009, for purposes of
Code Sections 401(K\2)(BIM, 403(b)(7)(A)G), 403(b)(1 1)(A), or
457(d)(1)(A)(ii), an individual shall be treated as having been severed
from employment during any period the individual is performing service in
the uniformed services described in Code Section 3401(h)(2)(A).

Death Benefits

(1)

With respect to deaths and disabilities occurring on or after January 1,
2007, in the case of a participant who dies while performing qualified
military service, as defined in Code Section 414(u), the survivors of the
participant are entitled to any additional benefits, other than benefit
accruals relating to the period of qualified military service, provided under
the plan had the participant resumed and then terminated employment on
account of death.

SMW0249


B. Except as expressly amended or modified herein, all of the terms of the Plan are
hereby affirmed.

IN WITNESS WHEREOF, this Amendment has been executed by the Trustees on the
28" day of July, 2014.

MA AGEMENT TRUSTEES UNION TRUSTEES

SMW0256


(F)

()

(H)

@

In the case of a disability retirement benefit claim, the Plan shall:

qd) provide for a review that does not afford deference to the initial adverse
benefit determination and that is conducted by an appropriate named
fiduciary of the Plan who is neither the individual who made the adverse
benefit determination that is the subject of the appeal, nor the subordinate
of such individual;

(2) provide that, in deciding any appeal of an adverse benefit determination
that is based in whole or in part on a medical judgment, including
determinations with regard to whether a particular treatment, drug, or other
item is experimental, investigational, or not medically necessary or
appropriate, the appropriate named fiduciary shall consult with a health
care professional who has appropriate training experience in the field of
medicine involved in the medical judgment;

(3) provide for the identification of medical or vocational experts whose
advice was obtained on behalf of the Plan in connection with a claimant’s
adverse benefit determination, without regard to whether the advice was
relied upon in making the benefit determination; and

(4) provide that the health care professional engaged for purposes of a
consultation under paragraph (F)(2) of this Section shall be an individual
who is neither an individual who was consulted in connection with the
adverse benefit determination that is the subject of the appeal, nor the
subordinate of any such individual.

Prior to a determination on the appeal, the claimant or his authorized
representative may have an opportunity to review necessary and pertinent
documents upon which the denial in whole or in part is based and may submit
written issues and comments pertinent to the appeal.

Except in the case of a disability retirement benefit claim, the Board of Trustees
shall consider the claimant’s appeal of an adverse benefit determination no later
than its regular quarterly meeting which immediately follows the receipt of the
notice of appeal, unless such notice was filed within thirty days preceding the date
of such meeting. If the notice of appeal was received within thirty days prior to
the next regular quarterly meeting, the Board of Trustees may consider the appeal
at the second regular quarterly meeting following the receipt of the notice of
appeal. In the case of a disability retirement benefit claim the Board of Trustees
shall consider such an appeal within forty-five days following receipt of the
appeal.

If special circumstances exist regarding a benefit claim, the Board of Trustees may

take an extension of time to the next regularly scheduled meeting, to review the
claim, provided that the claimant or his representative are given a notice

61 SMW0226


8.1

8.2

ARTICLE VIII: DEATH BENEFITS

Pre-Retirement Death Benefits

(A)

(B)

(©)

()

A Qualified Pre-Retirement Survivor Benefit shall be payable with respect to a
Vested Participant who meets all of the following conditions:

(1) Immediately prior to his death, the Vested Participant had a nonforfeitable
right to his accrued benefit derived from Employer Contributions.

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

(3) The Vested Participant is survived by a Spouse who qualifies for a receipt of
a Qualified Pre-Retirement Survivor Benefit.

The Qualified Pre-Retirement Survivor Benefit is equal to the benefit that would
have been paid to such Spouse under the following circumstances:

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

(2) The Vested Participant survived to the first day of the month after his
attainment of age fifty five.

(3) Payments under the Qualified Joint and 50% Survivor Benefit form
commenced to the Vested Participant on the first day of the month after his
attainment of age 55, and he died on the next day.

Effective August 1, 2009, this Qualified Pre-Retirement Survivor Benefit
commences on the date the Participant would have reached Early Retirement Age
and continues for the remaining lifetime of the surviving Spouse.

An Early Survivor Benefit or a Qualified Pre-Retirement Survivor Benefit shall be
provided to a Vested Participant's Spouse only if the Vested Participant has been
married to that Spouse throughout the one year period ending on the date of the
Vested Participant's death.

When Paid

(A)

The Spouse of a deceased Vested Participant who meets the eligibility requirements
under Section 8.1(A) shall have a pension commencement date of the first day of the
calendar month following the Participant’s Early Retirement Age. The monthly
benefits will continue for the lifetime of the Spouse until the first day of the calendar
month succeeding the death of the Spouse.

34 SMWO0199


followed.

TM SMW0239


8.3 Election to Defer Commencement of Payment

(A) _ Prior to the commencement of payments under Section 8.2(A), the Spouse may elect
to defer the commencement of payments to the first day of any month no later than
the first day of the month in which the Participant would have Normal Retirement
Age. In the event of such deferral, payments shall be made only if the Spouse
survives to the commencement date elected and shall then be paid in equal monthly
installments for as long as the Spouse lives. The payments shall be the Actuarial
Equivalent of the payments that would have been made in the absence of an election
to defer. Elections under this Section shall be made on the appropriate form
available from the office of the Administrative Manager and shall be effective only
upon completion, execution and filing of the form with the office of the
Administrative Manager,

8.4 Notice Requirements

(A) _ In the case of a qualified preretirement survivor annuity as described above, the
plan administrator shall provide each participant within the applicable period for
such participant, a written explanation of the qualified preretirement survivor
annuity in such terms and in such a manner as would be comparable to the
explanation provided for meeting the requirements of section 6.1 applicable to a
qualified joint and survivor annuity.

(B) The applicable period for a participant is whichever of the following periods ends
last:

(1) the period beginning with the first day of the plan year in which the
participant attains age 32 and ending with the close of the plan year
preceding the plan year in which the participant attains age 35;

(2) a reasonable period ending after the individual becomes a participant;

(3) a reasonable period ending after Paragraph (F), below, ceases to apply to
the participant;

(4) areasonable period ending after this article first applies to the participant.
(C) Notwithstanding the foregoing, notice must be provided within a reasonable
period ending after separation of service in case of a participant who separates
from service before attaining age 35.
(D) For purposes of the preceding paragraph, a reasonable period ending after the
enumerated events described in (2), (3) and (4) is the end of the two year period
beginning one year prior to the date the applicable event occurs and ending one

year after that date.

(E) In the case of a participant who separates from service before the plan year in

35 SMW0200


(F)

(a) within five years after the Participant's death, or

(b) over the life of the Beneficiary or over a period certain not to extend
beyond the life expectancy of the Beneficiary, commencing no later
than the end of the calendar year following the calendar year in
which the Participant died (or, if the designated Beneficiary is the
Participant's surviving spouse, commencing no later than the end of
the calendar year following the calendar year in which the Participant
would have attained age 70 1/2).

All distributions required under this section will be determined and made in
accordance with Section 401(a)(9) of the Internal Revenue Code, including any
regulations issued thereunder.

12.15 Minimum Distribution Requirements

(A)

Any benefit provided under this Plan shall be subject to the requirements of Code
section 401(a)(9) and any regulations, revenue rulings, notices and other guidance
either promulgated by the Secretary of the Treasury or published in the Internal
Revenue Bulletins. The requirements of Section 401(a)(9) of the Internal
Revenue Code of 1986 are incorporated by reference, including Code section
401(a)(9)(G) and regulation sections 1.401(a)(9)-2 to 1.401(a)(9)-9. These
provisions override any distribution options in the Plan inconsistent with Code
section 401(a)(9).

12.16 Retroactive Annuity Starting Dates

(A)

To the extent payment of a pension benefit is commenced after the normal annuity
Starting date (i.e. the 1° day of the month following receipt of the Participant’s
complete retirement application) the Plan shall pay the retroactive monthly
payments along with interest in an amount equivalent to the Actuarial Equivalent
interest rate set forth in Section 1.4. Such payments shall be made in lump-sum
form.

12.17 Freezing Benefits Upon Becoming Terminated Vested Participant

(A)

Except as provided otherwise in this Plan, the pension benefit to which a Participant
is entitled shall be determined by the terms in effect in the Plan at the time the
Participant becomes a Terminated Vested Participant.

12.18 Rollovers

(A)

The Plan Administrative Manager shall provide a written explanation to all
recipients of distributions under the Plan considered to be eligible for rollover
treatment. The explanation shall include a notice which states (1) the distribution
shall not be currently taxed to the extent transferred to another qualified Plan or

50 SMW0215


4.1

4.2

43

44

ARTICLE IV: EARLY RETIREMENT BENEFITS

Eligibility for Early Retirement Benefits

(A)

An Active Participant who has completely retired from Covered Service
employment with all Employers within the jurisdiction of this Fund shall be
eligible for an Early Retirement Benefit so long as the following requirements are
met:

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

(2) The Active Participant has earned one Hour of Service after May 1, 1997
and shall have at least five Years of Service either as a Collectively or Non-
Collectively Bargained Employee; and

(3) The Active Participant has elected and applied for an Early Retirement
Benefit on a form prescribed by the Trustees and the Trustees shall have
approved the application.

Form of Benefit

(A)

Unless the Active Participant elects otherwise or has no surviving Spouse, the Early
Retirement Benefit will be paid as a Qualified Joint and 50% Survivor Benefit as
provided in Article VI.

Amount of Early Retirement Benefit

(A)

(B)

(©)

Effective May 1, 1997, the Early Retirement Benefit shall. be the Active
Participant's Normal Retirement Benefit as provided in Section 3.2, reduced by
three percent for each year or a partial year by which the Participant is under
Normal Retirement Age.

Effective August 1, 2009, the Early Retirement Benefit shall be an reduced benefit
which is the Actuarial Equivalent to the Active Participant’s Normal Retirement
Benefit as provided in Section 3.2.

Benefits earned prior to August 1, 2009 are subject to the reduction in Section
4.3(A) above for Participants who were eligible to retire on August 1, 2009, but had
not yet done so. Benefits earned on or after August 1, 2009 are subject to the
Actuarial Equivalent Reduction.

When Paid

(A)

Upon voluntary retirement, an Active Participant who meets the eligibility
requirements for Early Retirement Benefits as set forth in Section 4.1 shall receive
Early Retirement Benefits as of the first day of the month following receipt of his

23 SMWO188


00) A distribution that is a permissible withdrawal from an eligible
automatic contribution arrangement within the meaning of Code
section 414(w).

(m) Any similar items designated by the Commissioner in revenue
rulings, notices, and other guidance published in the Internal
Revenue Bulletin. See Treas. Reg. § 601.601(d)(2)(ii)(b).

(D) _ Eligible retirement plan.

()

(2)

(3)

(4)

(6)

“Eligible retirement plan” means:
(a) an individual retirement account described in Code section 408(a);

(b) an individual retirement annuity described in Code section 408(b)
(other than an endowment contract);

(c) a qualified trust described in Code section 401 (a);
(d) an annuity plan described in Code section 403(a);

(e) an eligible deferred compensation plan described in Code section
457(b) which is maintained by an eligible employer described in
Code section 457(e)(1)(A); and

(63) an annuity contract described in Code section 403(b).

If any portion of an eligible rollover distribution is attributable to
payments or distributions from a designated Roth account (as defined in
Code section 402A), an eligible retirement plan with respect to such
portion shall include only another designated Roth account and a Roth
IRA.

For taxable years beginning after December 31, 2006, a Participant may
elect to transfer employee (after-tax) or Roth lective deferral
contributions by means of a direct rollover to a qualified plan or to a
403(b) plan that agrees to account separately for amounts so transferred,
including accounting separately for the portion of such distribution which
is includible in gross income and the portion of such distribution which is
not includible in gross income.

For distributions after December 31, 2008, an Eligible Rollover
Distribution can be made to a non-spouse Beneficiary’s individual
retirement account or individual retirement annuity.

Distributee: A distribute includes a Participant or former Participant. In
addition, the Participant's or former Employee's surviving Spouse and the
Participant's or former Employee's Spouse or former Spouse who is the

53 SMW0218


100)

(K)

describing the special circumstances prior to the expiration of the original review
period.

After consideration of the appeal as above, the Board of Trustees shall advise the
claimant or his representative of its decision, in writing, within five days
following the meeting at which the appeal was considered. The decision of the
Board of Trustees shall set forth specific reasons for their conclusions and shall be
written in a manner calculated to be understood by the claimant and shall make
references to the pertinent Plan provision(s) upon which the decision is based.
The decision shall be final and binding upon the claimant unless further appealed
as provided in Section (K) below. Notification of an adverse benefit
determination, upon appeal, shall contain:

(1) the specific reasons or reasons for the adverse benefit determination;
(2) _ reference to specific Plan provisions on which the determination is based;

(3) a statement that the claimant is entitled to receive, upon request and free of
charge, reasonable access to, and copies of, all documents, records and
other information relevant to his claim for benefits;

(4) a description of the Plan’s procedures regarding a hearing before the Board
of Trustees and the time limits applicable to such procedures, including a
statement of the claimant’s right to bring civil action under ERISA Section
502(a) following an adverse benefit determination from the Board of
Trustees; and

(5) the following statement “You and your plan may have other voluntary
alternative dispute resolution options, such as mediation. One way to find
out what may be available is to contact your local U.S. Department of
Labor Office and your state insurance regulatory agency.”

A full hearing before the Board of Trustees shall be held when:

() The Board of Trustees determines, prior to making a decision on appeal,
that a hearing is necessary. In such event, the Board of Trustees shall
notify, by regular mail, the claimant or his representative of the date, time,
and place set for a full hearing on the claimant’s appeal. The notification
shall be addressed to the claimant as shown on the notice of appeal.

(2) The claimant or his representative requests a full hearing before the Board
of Trustees by written notice within fifteen days after receipt of the Board
of Trustees’ decision on appeal. The written notice needs to state only the
claimant’s name, address, and the fact that the claimant is requesting a full
hearing before the Board of Trustees, giving the date of the decision of the
Board of Trustees.

62 SMW0227


10.5 Same Industry......
10.6 Same Trade or Craft.
10.7. Geographic Area...
10.8 Notification and Presumption
10.9 Notification Requirement for Resumption of Benefits .
10.10 Reinstatement of Retirement Benefits
10.11 Advance Determination ......0..0..0
10.12 Recovery of Overpayments — Offset Rul
10.13 Individuals Over Age 70%...
ARTICLE XI: QUALIFIED DOMESTIC RELATIONS ORDER
11.1 Qualified Domestic Relations Order
11.2 Alternate Payee.
11.3 Spendthrift Exception for Qualified Domestic Relations Order
11.4 Procedures for Notice and Determination by Plan Administrative Manager
ARTICLE XI: ADMINISTRATION OF THE PLAN
12.1 Responsibility for Administration.
12.2 Fiduciary Duties...
12.3 Limitation on Rights to Benefits ...
12.4 Benefits Limited by Pension Plan .
12.5 Assignment of Benefits
12.6 Forfeitures ..... 47
12.8 Incapacity...

12.9 Death Benefit Payable to Minors 48
12.10 Information Required. 48
12.11 No Reversion for Employees 48
12.12 Duplication of Benefit: 48
12.13 Gender... eee 48
12.14 Commencement of Benefits and Method of Payment 49
12.15 Minimum Distribution Requirements

12.16 Retroactive Annuity Starting Dates

12.17 Freezing Benefits Upon Becoming Terminated Vested Participant

12.18 Rollovers

12.19 Limitation of Benefits.

12.20 Annual Statement to Participants .

12.21 Modification of Top-Heavy Rule:

12.22 Annual Actuarial Valuation......... -
12.23 Consequences of Deferral ............... 56

ARTICLE XIII: BENEFIT APPLICATION, ELECTION AND APPEALS PROCEDURESS8
13.1 Application for Retirement Benefits, Vested Benefits and Death Benefits.
13.2 Election of Benefits ...........cssscccssssssessssssssssvesssensasessvecs
13.3 Notification of Approval or Non-approval of Application

ARTICLE XIV: FUNDING OF BENEFITS 1.0... cccscccsseesose
14.1 Source of Contributions.......
14.2 Investment and Funding Policy
14.3 Actuarial Valuations and Plan Review.

ARTICLE XV: LIMITATION IMPOSED BY INTERNAL REVENUE SERVICE

iii SMWO0164


(1) Normal Retirement Benefits:

(a) If a retiree was receiving Normal Retirement Benefits at the time of
the suspension of his benefits, the reinstated benefit shall be in the
amount the retiree was receiving prior to the suspension of benefits,

(2) Early Retirement Benefits

(a) Ifa retiree was receiving Early Retirement Benefits at the time of the
Suspension of his benefits, the reinstated benefit shall be in the
amount the retiree was receiving prior to the suspension of benefits,
plus any amount realized for service prior to his Normal Retirement
Age resulting from such reemployment.

(3) Optional Benefit Forms

(a) Tf a retiree was receiving an optional form of benefit, the reinstated
benefit shall be in the amount as determined under the applicable
type of retirement benefit the retiree was receiving prior to the
suspension of benefits.

10.11 Advance Determination

(A)

A retiree shall have the right to request that an advance determination be made as to
the effect of his reemployment on his retirement benefit. Should the retiree desire
that this determination be made, he must submit his request to the Fund office on an
appropriate form approved and provided by the Board of Trustees and in accordance
with procedures established by the Board of Trustees.

10.12 Recovery of Overpayments — Offset Rule

(A)

(B)

In the event benefit payments have been issued to a retiree for a period during which
his benefit should have been suspended, the retiree shall be liable for the full amount
of any overpayment(s). The manner and the amount of the recovery of the
overpayment(s) shall be provided to the retiree in the Suspension Notice furnished
to him at such time as his benefit is suspended.

The procedure for the recovery of overpayment(s) shall be in accordance with the
following Offset Rule:

(1) The Board of Trustees may delay the resumption of payment of the retiree's
full retirement benefit until the earlier of the recovery of the overpayment(s)
or the first day of the third calendar month (or four or five-week payroll
period) after the retiree is entitled to the resumption of his benefit.

(2) If the Trustees have not recovered the full amount of any overpayment(s) by

42 SMW0207


10.3

10.4

10.5

10.6

(C)

(b) Working sixty hours or less per month for a signatory Akron District
Contractor or a signatory Parkersburg District Contractor if the
participant is performing supervisory and/or estimating duties.
These duties must be performed primarily in an office setting and
such employment must not cause the lay-off or displacement of any
active journeyman and/or apprentice that is a member of a Local
Union affiliated with the International Association.

The Trustees of the Sheet Metal Workers’ Local Pension Fund shall have and retain
authority to make any final rulings as to whether or not a participant is engaged in
disqualifying re-employment. Any such ruling is subject to review in accordance
with the Claims and Appeals Procedure adopted by the Trustees.

After Normal Retirement Age

(A)

If the Participant has attained Normal Retirement Age, his monthly benefit shall be
suspended for any four or five week payroll period which falls within a calendar
month in which he worked or was paid for at least forty hours in Disqualifying
Employment. Disqualifying Employment means employment or self employment
that is:

ql) In the same industry covered by the Plan when the Participant’s pension
payment began, as defined under Section 10.5; and

(2) In the same trade or craft covered by the Plan at the time the Participant’s
pension payment began, as defined under Section 10.6; and

(3) In the same geographic area covered by the Plan when the Participant’s
pension payment began, as defined under Section 10.7.

Forty Hour Rule

(A)

The retiree is reemployed for forty or more hours during any four or five-week
payroll period which falls within a calendar month.

Same Industry

(A)

The retiree is reemployed in the "same industry," which shall be defined as
returning to work in the same type of business activity (or activities) as that
engaged in by any Employer who maintained the Plan at the time the retiree first
received his pension benefit (or would have received a pension benefit had he not
remained in or returned to employment).

Same Trade or Craft

(A)

The retiree is reemployed in the "same trade or craft," which shall be defined as

40 SMWwo0205


14.1

14.2

14.3

ARTICLE XIV: FUNDING OF BENEFITS

Source of Contributions

(A)

Contributions to the Pension Fund shall be made only by Employers on behalf of
Participants. Neither contributions by a Participant nor contributions by an
Employer on his own behalf shall be permitted under this Plan.

Investment and Funding Policy

(A)

An investment policy shall be established with a goal of maintaining sufficient
liquidity to assure the timely payments of benefits and the selection of
investments, which will produce a long-term rate of return assumed by the
Actuary in making his determination of funding requirements. The Board of
Trustees may appoint an Investment Manager(s) to provide investment counsel.

Actuarial Valuations and Plan Review

(A)

The rules, regulations, and benefits provided under the Plan have been adopted by
the Board of Trustees on the basis of actuarial estimates which have been
established to the extent sufficient to support the Plan on a permanent basis.
However, it is recognized that in the future, the income and/or liabilities of the
Pension Fund may be substantially different than those previously anticipated.
Therefore, at least annually, the Board of Trustees shall have an actuarial valuation
of the Pension Fund prepared. Upon the basis of all facts and circumstances, the
Board of Trustees may from time to time amend these tules, regulations and benefits
provided for thereby, including any increase or decrease in benefit amounts, No
such decrease may operate to reduce any accrued vested benefits. Notwithstanding
any other Section of the Plan, if the Plan is certified to be in Endangered or Critical
status, as those terms are used in Code Section 432, the Plan will be administered
according to the requirements of Code Section 432.

65 SMW0230


(€)

)

qd) In the case of a person whose period of service in the uniformed services
was less than thirty-one days, by reporting to the Employer —

(a) not later than the beginning of the first full regularly scheduled
work period on the first full calendar day following the completion
of the period of service and the expiration of eight hours after a
period allowing for the safe transportation of the Employee from
the place of that service to the Employee’s residence; or

(b) as soon as possible after the expiration of the eight hour period
referred to in subsection (D)(1)(a) above, if reporting within the
period referred to in such clause is impossible or unreasonable
through no fault of the person.

(2) In the case of an Employee who is absent from a position of employment
for a period of any length for the purposes of an examination to determine
the Employee’s fitness to perform service in the uniformed services, by
reporting in the manner and time referred to in subsection (D)(1).

(3) In the case of an Employee whose period of service in the uniformed
services was for more than thirty days but less than one hundred eighty-
one days, by submitting an application for reemployment with the
Employer not later than fourteen days after the completion of the period of
service or if submitting such application within such period is impossible
or unreasonable through no fault of the Employee, the next first full
calendar day when submission of such application becomes possible.

(4) In the case of an Employee whose period of service in the uniformed
services was for more than one hundred eighty days, by submitting an
application for reemployment with the Employer not later than ninety days
after the completion of the period of service.

Furthermore, in order to restore the above pension rights, the Employee must
notify the Fund Office in writing, within sixty days of his discharge, of his intent
to return to work.

Upon an Employee’s honorable discharge from Military Service the Employee’s
eligibility status under the Plan will be restored to the status that existed when he
entered Military Service, provided the Employee fulfills the notice and
documentation requirements outlined above. In addition to said notices, the
Employee shall also supply the Fund Office with copies of his discharge papers
showing the date of his induction or enlistment in Military Service and the date of
his discharge. Failure on the part of the Employee to file such notice and
documentation with the Fund Office may be deemed an indication that the
Employee does not wish to restore his eli igibility status under the Plan.

10 SMWO175


(e)

(

(g)

(hy

@)

@)
(k)

portion of any distribution that is excludible from gross income
under Code section 72 as a return of the employee's investment in
the contract (eg, a retum of the employee's after-tax
contributions), but does include net unrealized appreciation.

(i) However, a portion of a distribution shall not fail to be an
eligible rollover distribution merely because the portion
consists of after tax Employee contributions that are not
includible in gross income. However, such portion may be
transferred only to an individual retirement account or
annuity described in Section 401(a) or 403(a) of the Code
that agrees to separately account for amounts so transferred,
including separately account for the portion of such
distribution which is includible in gross income and the
portion of such distribution which is not so includible.

Elective deferrals (as defined in Code section 402(g)(3)) and
employee contributions that, pursuant to rules prescribed by the
Commissioner in revenue rulings, notices, or other guidance
published in the Internal Revenue Bulletin (see Treas. Reg. §
601.601(d)(2)), are returned to the employee (together with the
income allocable thereto) in order to comply with the Code section
415 limitations.

Corrective distributions of excess deferrals as described in Treas.
Reg. § 1.402(g)-1(e)(3), together with the income allocable to these
corrective distributions.

Corrective distributions of excess contributions under a qualified
cash or deferred arrangement described in Treas. Reg. § 1.401(k)-
1(£(4) and excess aggregate contributions described in Treas, Reg.
§ 1.401(m)-2(6)(2), together with the income allocable to these
distributions.

Loans that are treated as deemed distributions pursuant to Code
section 72(p).

Dividends paid on employer securities as described in Code section
404(k).

The costs of life insurance coverage (P.S. 58 costs).

Prohibited allocations that are treated as deemed distributions
pursuant to Code section 409(p).

52 SMW0217


ARTICLE XIII: BENEFIT APPLICATION, ELECTION AND APPEALS PROCEDURES

13.1

13.2

13.3

Application for Retirement Benefits, Vested Benefits and Death Benefits

(A)

(B)

(©)

All applications for benefits under this Plan, whether on account of retirement,
vesting or death, and all elections and designations made by Participants and
Beneficiaries under this Plan shall be made in writing to the Board of Trustees in the
form and manner prescribed by the Trustees.

The Trustees shall have the right to require submission of all necessary information
before any benefit is paid, including records of employment, proofs of date of birth,
marriage and death. No benefit dependent in any way upon such information shall
be payable unless and until the required information has been furnished. Upon
receipt of such information, the Trustees shall determine the eligibility of the
applicant for such benefit, and shall notify the applicant of their determination and
the amount of any benefit payable. The Trustees shall have full discretionary
authority to determine eligibility for benefits or to construe the terms of the Plan and
may adopt rules and regulations thereto.

Timely Submission of Applications for Benefits

(ql) Participants, Beneficiaries and surviving Spouses shall be able to apply for
benefits under the Plan at any time after the date of two years preceding the
date such applicant would first become eligible for the benefit, or as
otherwise specifically set forth in this Plan. The office of the Administrative
Manager of the Plan will send the applicant all proper application forms
within thirty days of the receipt of the request to apply for benefits.

Election of Benefits

(A)

()

All necessary questions concerning the applicant's election of any particular benefit
under the Plan shall be explained in a written explanation provided to the applicant
with the application forms including the effect of electing a Qualified Joint and 50%
Survivor Benefit and the effect of not so electing.

All elections and revocations shall be made on the appropriate form available from
the office of the Plan and shall be effective only upon completing, signing and filing
of the form with the Plan Administrative Manager.

Notification of Approval or Non-approval of Application

(A)

The Board of Trustees shall make all determinations regarding the validity of the
claim. Upon any partial or total adverse benefit determination, the Fund shall
deliver or mail a Notice of Denial to the claimant within ninety days of the filing
of the claim, except in the case of a disability retirement benefit claim. In the case
of a claim for disability retirement benefits, the Administrative Manager shall

38 SMW0223


1.26 Other Definitions

1.27

(A)

Other definitions as required may appear in the text of other sections and/or articles
of the Plan document. Wherever the masculine pronoun is used herein, it shall
include the feminine and the feminine pronoun shall include the masculine.

Original Plan ~ Prior Plan

(A)

The term "Original Plan" or "Prior Plan" means the Plan as it was in effect prior to
this Restatement.

Participant

(A)

(B)

(©)

(D)

©)

Each Employee who was a Participant in the Original Plan as of May 1, 1987, and
who did not suffer a Break in Service as that term was used in the Original Plan as
of that date shall be a Participant in the Plan as of May 1, 1987.

Each person who becomes an Employee as defined in Section 1.7 on or after
January 1, 1989, shall become a Participant on the beginning of the Plan Year
following the total of four hundred thirty five Hours Worked within the
Computation Period for Eligibility to Participate or on November 1, whichever is
earlier. If an Employee does not become a Participant within the first computation
period, the Employee must meet the requirements of participation within subsequent
twelve month periods as if he were a new Employee first beginning to work for an
Employer.

Once an Employee becomes a Participant, his eligibility for continued participation
shall be measured by Service within a Plan Year beginning with the Plan Year

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

In the event a Participant suffers Forfeited Service, he shall, upon return to the status
of an Employee, be required to meet the foregoing requirements before again
becoming a Participant.

An Owner-Member, as defined in Section 1.13(A)(5), shall be deemed a
“Participant” or an “Employee” if (1) a Contributing Employer is required to
contribute to the Plan on behalf of the Owner-Member pursuant to a Collective
Bargaining Agreement, or (2) the Owner-Member is employed by a Contributing
Employer, is not included in a collective bargaining unit represented either by the
Union but is permitted to be treated as so included pursuant to the rules set forth in
Treasury Regulation Section 1.410(b)-6(d)(2)(i), and the Owner-Member's
Employer contributes to the Plan on behalf of the Owner Member in order to
continue to provide benefits previously provided to the Owner-Member as a
Covered Employee. If a Contributing Employer contributes to the Plan on behalf of
an Owner-Member pursuant to this Section 1.28(E), the Plan Document and the

12 SMWO0177


1.45 Vesting and Benefit Accrual Computation Period.
ARTICLE II: CLASSES OF BENEFITS...
2.1 Classes of Benefits...
ARTICLE III: NORMAL RETIREMENT BENEFIT.
3.1 Eligibility for Normal Retirement Benefits .
3.2. Amount of Normal Retirement Benefit
3.30 When Paid ..eeeescecccsssecssssssssecssseeesssssecs
3.4 Calculation of Benefit for Terminated Vested Participants
ARTICLE IV: EARLY RETIREMENT BENEFITS
4.1 Eligibility for Early Retirement Benefit
4.2 Form of Benefit .......ccccccsssecssseesseeee
43 Amount of Early Retirement Benefit

44 When Paid oo... ecsecscssescstessssesssseesseess 23
ARTICLE V: TOTAL AND PERMANENT DISABILITY BENEFITS.............. 25
ARTICLE VI: QUALIFIED JOINT AND 50% or 75% SURVIVOR BENEFITS . 26

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

6.2

63

64

6.5 Alternative Joint and 75% Survivor Benefit.
6.6 Eligibility for Qualified Joint and 75% Survivor Benefits.
6.7 Description and Amount of Qualified Joint and 50% Survivor Benefits
6.8 When Paid

7A Right to Elect the Five or Ten Year Certain and Life Benefit
7.2 Eligibility for the Five or Ten Year Certain and Life Benefit
73 Amount and Duration of the Five or Ten Year Certain and Life Benefit
7.4 When Paid
ARTICLE VII: DEATH BENEFITS.
8.1 Pre-Retirement Death Benefits
8.2 When Paid o0...eeeecsessseseeesnees
8.3 Election to Defer Commencement of Payment
8.4 Notice Requirements ..............
8.5 Post-Retirement Death Benefit
8.6 Designation of Beneficiary..
8.7 No Beneficiary Designation.
ARTICLE IX: VESTING
9.1 Vesting...
9.2 When a Participant Returns to Worl
9.3 Greater Benefit Prevails...
ARTICLE X: SUSPENSION OF RETIREMENT BENEFITS
10.1 Suspension of Retirement Benefits .
10.2 Before Normal Retirement Age
10.3. After Normal Retirement Agi
10.4 Forty Hour Rule

ii SMW0163


death, then in accordance with Section 8.6. Ifa Beneficiary is receiving benefits but
dies before sixty or one hundred twenty monthly payments are made, the balance of
the unpaid monthly payments shall be paid to the Beneficiary’s estate.

33 SMWO198


SIGNATURE PAGE

IN WITNESS WHEREOF, the Trustees of the Sheet Metal Workers Local Pension Fund have

adopted the Plan in restated form on this 8 day of January, 2015.

SMW0240


3.3

®)

(©)

(D)

(E)

7-1-05 thru 4-30-06 2.2% of Employer Contributions
5-1-06 thru 7-31-13 .36% of Employer Contributions
8-1-13 and after 0% of Employer Contributions

For an Active Participant who retires on or after May 1, 2006, the Future Service
Benefit shall be equal to (a) 3.65% of Employer Contributions made on his/her
behalf for hours worked prior to May 1, 2003; plus (b) 2.2% of Employer
Contributions made on his/her behalf for hours worked between May 1, 2003 and
April 30, 2006; plus (c) .36 % of Employer Contributions made on his/her behalf for
hours worked between May 1, 2006 and July 31, 2013. There will be no future
service benefit accrual subsequent to July 31, 2013 unless reinstated by the Trustees.

Effective May 1, 1994, any Participant who retired on or before December 31,
1985 and as of May 1, 1994 is receiving a Normal Retirement or Early Retirement
Benefit shall receive no less than One Hundred Seventy Five Dollars per month.

Effective May 1, 1998, each retired Participant and Beneficiary or spouse of a
deceased retired Participant, and each disabled Participant receiving retirement
income on or before May 1, 1998 shall receive an increase in his monthly benefit
equal to six percent of the current benefit.

Participants who retire after their Normal Retirement Date will receive a monthly
benefit that is the great of the accrued benefit earned at the time of their retirement
or the Actuarial Equivalent value of their accrued benefit earned at their Normal
Retirement Age. However, no Actuarial Equivalent adjustment will be made
regarding benefits that are properly suspended due to Participant(s) working after
their Normal Retirement Age in accordance with Article X provided the
Participant is notified that his benefit will be subject to suspension.

When Paid

(A)

(B)

Upon voluntary retirement, an Active Participant who meets the eligibility
requirements as set forth in Section 3.1 shall become entitled to Normal Retirement
Benefits on the first day of the month following receipt of his application for
Normal Retirement Benefits, provided it is approved by the Trustees. A
Participant's pension commencement date shall be no later than sixty days after the
close of the Plan Year in which the Participant meets the eligibility requirements for
a Normal Retirement Benefit. Normal Retirement Benefits shall continue monthly
thereafter until the first day of the calendar month succeeding the death of the
Participant.

If an Active Participant meets the eligibility requirements to be entitled to a Normal
Retirement Benefit and has not applied for the benefits by the sixtieth day after the
close of the Plan Year in which he was eligible, his benefits shall commence
immediately, unless the Participant elects otherwise in writing or continues to

21 SMWO0186


ARTICLE I: DEFINITIONS..

1.1

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1,24
1.25
1.26
1.27
1.28
1.29
1,30
1.31
1,32
1,33
1.34
1.35
1.36
1.38
1.39
1.40
1.41
1.42
1.43
1.44

TABLE OF CONTENTS

Accrued Benefit
Act— ERISA.
Active Participant ....
Actuarial Equivalent
Beneficiary............
Break in Service...
Computation Period for Eligibility to Participate
Contiguous Non-Covered Service.
Covered Service...
Domestic Relations Order
Early Retirement Age.....
Effective Date
Employee.
Employer
Employer Contributions or Contributions
Fiduciary...
Forfeited Service.
Hours of Service — Hours Worked.
Inactive Participant......
Jurisdiction of this Fund
Military Service.
Non-Covered Service.
Non-Covered Sheet Metal Employment
Non-Vested Employee.
Normal Retirement Age

Other Definitions.........

Original Plan — Prior Plan

Participant..............

Pension Plan — Plan

Plan Year...

Qualified Domestic Relations

Reciprocity Hours Worked a14
Restatement Date............. wlS
Retirement Benefit or Benefits 5
Service... ee wlS
Sheet Metal Industry 16

Terminated Vested Participant
Total and Permanent Disabilit
TIUStC@S 00... cecceeceeesteseeeseeneene

i sMWo0162


AMENDMENT NO. 7

TO THE AMENDED AND RESTATED
SHEET METAL WORKERS LOCAL PENSION PLAN

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1,
2010; and

WHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan
at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and
exemption requirements of the Code or to meet any of the requirements of the Act or
corresponding provisions of any subsequent or amendatory federal legislation which is
applicable;

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by
resolution duly made, seconded and approved that, effective as of the dates herein provided, the

PLAN be amended in the following respects, said amendments being hereby incorporated into
the PLAN:

A. Effective June 26, 2013, the Plan shall be amended, pursuant to IRS Notice 2014-19,
so as to provide that the Plan term “Spouse” shall include a spouse who is a same-
sex individual. Therefore, Section 1.37, previously amended by Amendment No. 6,
shall be amended to read as follows:

1.37 Spouse or Eligible Spouse

(A) The term "Spouse" or "Eligible Spouse" shall mean the legal Spouse of the
Participant at the time a Pre-Retirement Death Benefit is first payable or
the legal Spouse of the Participant at the time the Participant commences
receiving Retirement Benefits provided by this Plan.

(B) Effective June 26, 2013, the term “Spouse” or “Eligible Spouse” shall
include individuals married to a person of the same sex if the individuals
were lawfully married under state law in a state whose laws authorize the
marriage of two individuals of the same sex even if the married couple is
domiciled in a state that does not recognize the validity of same-sex
marriages.

(C) The term “Spouse” or “Eligible Spouse” does not include individuals
(whether of the opposite sex or the same sex) who have entered into a
registered domestic partnership, civil union, or other similar formal
relationship recognized under state law that is not denominated as a
marriage under the laws of that state.

SMW0255


11.2

11.3

11.4

shall be subject to the same requirements and protections that apply to all
QDROs under Section 206(d)(3) of ERISA.

Alternate Payee

(A)

An "Alternate Payee" shall include any Spouse, former Spouse, child or other
dependent of a Participant or former Participant who is recognized by a Domestic
Relations Order as having a right to receive all, or a portion of, the benefits payable
under the Plan with respect to such Participant or former Participant.

Spendthrift Exception for Qualified Domestic Relations Order

(A)

The creation, assignment or recognition of a right to any benefit payable with
respect to a Participant pursuant to a Qualified Domestic Relations Order shall not
be treated as an assignment or alienation prohibited by ERISA. This exception to
the Spendthrift Provisions shall apply only to Qualified Domestic Relations Orders
and shall not be applicable to those which have been determined not to be a
Qualified Domestic Relations Order.

Procedures for Notice and Determination by Plan Administrative Manager

(A)

The procedures established by the Board of Trustees for the determination of the
qualified status of Domestic Relations Orders and notification to the payees shall be
those set forth in the Resolution to the Plan, as adopted by the Board of Trustees on
January 1, 1985. A copy of such resolution shall be provided to a Participant or
Alternate Payee upon request.

45 SMW0210


6.5

(B)

(C)

Ifa Participant meets the eligibility requirements for Early Retirement and Qualified
Joint and 50% Survivor Benefits and the Participant and his Spouse have not
waived the Qualified Joint and 50% Survivor Benefit form, such Participant shall
become entitled to a Qualified Joint and 50% Survivor Benefit as of the first day of
the month next following receipt of his properly completed application by the
Trustees.

All monthly benefits under this section will continue for the lifetime of the
Participant until the first day of the calendar month succeeding the death of the
Participant. Fifty percent of such monthly benefits will continue to be made
thereafter to the eligible Spouse until the first day of the calendar month succeeding
the death of the eligible Spouse.

Alternative Joint and 75% Survivor Benefit

(A)

(B)

co)

In lieu of the Qualified Joint and 50% Survivor Benefit provided for in Section
6.1, a Participant may elect to receive a normal retirement or early retirement
benefit in the form of a Qualified Joint and 75% Survivor Benefit. Under this
form of payment, a Participant who meets the eligibility requirements as described
in Paragraph (D) of this Section shall be entitled to an actuarially reduced monthly
benefit that shall be actuarially equivalent to the normal retirement or early
retirement benefit to which he would have been entitled. Upon the death of the
Participant, 75% of the monthly benefit he was receiving shall continue to be paid
to his/her Surviving Spouse as long as the spouse lives.

In order that each Participant may have an adequate opportunity to make an
election, an election period is hereby established. This period shall be no less than
thirty and no more than one hundred eighty days before the Participant's pension
commencement date. During the election period the Participant shall have the
right to receive a written explanation of:

(1) The terms and conditions of the Qualified Joint and 75% Survivor Annuity
and the relative value of optional forms of benefits.

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

(3) Any other explanation required under Section 401(a)(11)(E) or
417(a)(3)(A) of the Internal Revenue Code and any lawful regulations
thereunder.

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

Qualified Joint and 75% Survivor Benefit and elect to receive a Qualified Joint
and 50% Survivor Benefit or, if waived, a Normal or Early Retirement Benefit.

29 SMWO0194


9.3 Greater Benefit Prevails

(A) _ The greater benefit prevails if a Participant under the restated Plan was a Participant
as of May 1, 1988, and was entitled to a termination benefit under the Original Plan
as defined therein. In the event that the amount of the benefit to which he would
have been entitled under the vesting schedule and form of payment as in effect
under the original Plan of May 1, 1988, would be greater than the amount to which
he is entitled pursuant to the provisions of this Article, he shall be entitled to receive
the greater amount.

38 SMW0203


6

AMENDMENT NOY

TO THE AMENDED AND RESTATED
SHEET METAL WORKERS LOCAL PENSION PLAN

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1,
2010; and

WHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan
at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and
exemption requirements of the Code or to meet any of the requirements of the Act or

corresponding provisions of any subsequent or amendatory federal legislation which is
applicable;

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by
resolution duly made, seconded and approved that, effective as of the dates herein provided, the

PLAN be amended in the following respects, said amendments being hereby incorporated into
the PLAN:

A Effective September 16, 2013, the Plan shall be amended, pursuant to IRS
Revenue Ruling 2013-17 and to the decision of the United States Supreme Court in United
States v. Windsor, so as to provide that the Plan term “Spouse” shall include a spouse who is a
same-sex individual. Therefore, the Plan shall provide as follows:

1.37 Spouse or Eligible Spouse

The term "Spouse" or "Eligible Spouse" shall mean the legal Spouse of the
Participant at the time a Pre-Retirement Death Benefit is first payable or the legal
Spouse of the Participant at the time the Participant commences receiving
Retirement Benefits provided by this Plan. In addition to the foregoing, the term
“spouse” includes any individuals who are lawfully married under any state law,
including any individuals married to a person of the same gender who were legally
married in a state that recognizes such marriages, but who are domiciled in a state
that does not recognize such marriages. The term “marriage” as used in the
preceding sentence, includes a same-gender marriage that is legally recognized as
a marriage under any state law. Provided, however, the terms “spouse” and
“marriage” do not include individuals in a formal relationship recognized by a
state where that relationship is not designated a marriage under state law, such as
a domestic partnership or a civil union, regardless of whether the spouses are
same-gender or opposite-gender.

SMW0253


application for such benefits provided it is approved by the Trustees. Early
Retirement Benefits shall continue monthly thereafter until the first day of the
calendar month succeeding the death of the Participant.

24 SMWO0189


B. Except as expressly amended or modified herein, all of the terms of the Plan are
hereby affirmed.

IN WITNESS WHEREOEF, this Amendment has been executed by the Trustees on the
30" day of October, 2013.

« SMW0254


1.18

1.19

1.20

1.21

(C)

greater of five years or the Employee's aggregate number of Years of Service
preceding such Break in Service.

No Plan benefits shall be based on Hours Worked for which Years of Service were
credited that later become Forfeited Service.

Hours of Service — Hours Worked

(A)

The Board of Trustees has adopted the use of the alternative equivalency method of
"Hours Worked" to credit Hours of Service for participation, vesting, and benefit
accrual. The term "Hours Worked" or "Hours of Service” means each hour for
which an Employee is paid or entitled to payment for the performance of duties for
an Employer and hours for which back pay, irrespective of mitigation of damages, is
awarded or agreed to by an Employer, to the extent that such award or agreement is
intended to compensate an Employee for periods during which the Employee would
have been engaged in the performance of duties for the Employer. For the purpose
of the equivalency Department of Labor regulations 2530.200 (b)-2 (b)-3 are
incorporated by reference.

Inactive Participant

(A)

The term "Inactive Participant" means a Participant who has not yet become a
retired, or deceased and who has not yet suffered Forfeited Service, but who has not
accrued at least one Year of Service during the two preceding Plan Years.

Jurisdiction of this Fund

(A)

The term "Jurisdiction of this Fund" means the industry, trade, or craft in the
geographical area over which the Union has jurisdiction.

Military Service

(A)

(B)

Effective December 12, 1994, the term “Military Service” means any absence
from work by reason of active duty in the armed forces of the United States. An
Employee shall be given full credit for benefit accrual contributions, Hours of
Service, participation, vesting, years of Credited Service and years of vesting
service for the time period, not to exceed five years, in which he was absent from
work due to Military Service.

The five year limitation indicated above and in Section 1.6 shall not include any
service:

(1) That is required beyond five years to complete an initial period of
obligated service during which the individual was unable to obtain orders
releasing him from service in the uniformed services before expiration of
the five year period, and such inability was through no fault of the

8 SMW0173


(D)

(E)

(5) in the case of an adverse benefit determination by the Plan regarding
disability retirement benefits,

(a) If an internal rule, guideline, protocol, or other similar criterion
was relied upon in making the adverse determination, either the
specific rule, guideline, protocol, or other similar criterion; or a
statement that such a rule, guideline, protocol, or other similar
criterion was relied upon in making the adverse determination and
that a copy of such rule, guideline, protocol, or other criterion will
be provided free of charge to the claimant upon request; or

(b) If the adverse benefit determination is based on a medical necessity
or experimental treatment or similar exclusion or limit, either an
explanation of the scientific or clinical judgment for the
determination, applying the terms of the Plan to the claimant’s
medical circumstances, or a statement that such explanation will be
provided free to the claimant upon request.

Except in the case of a disability retirement benefit claim, the claimant or his
authorized representative may appeal the decision of the Fund by written notice
received by the Board of Trustees within sixty days of the mailing of the notice of
an adverse benefit determination. In the case of a disability retirement benefit
claim the claimant may appeal the decision within one hundred eighty days of the
mailing of the notice of an adverse benefit determination. The written notice only
needs to state the claimant’s name, address, and the fact that the claimant is
appealing from the decision of the Board of Trustees, giving the date of the
decision appealed from. The appeal shall be addressed as follows:

Sheet Metal Workers Local Pension Fund
P.O. Box 368
Troy, MI 48099-0368

The Plan shall

(1) provide claimants the opportunity to submit written comments,
documents, records, and other information relating to the claim for
benefits;

(2) provide that a claimant shall be provided, upon request and free of charge,
reasonable access to, and copies of, all documents, records and other
information relevant to his claim for benefits; and

(3) provide for a review that takes into account all comments, documents,
records, and other information submitted by the claimant relating to the
claim, without regard to whether such information was submitted or
considered in the initial benefit determination.

60 SMW0225


AMENDMENT NO. 1
TO THE AMENDED AND RESTATED
SHEET METAL WORKERS LOCAL PENSION PLAN

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1,
2002; and

WHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan at
any time by majority vote, retroactively if necessary, to meet the foregoing qualification and
exemption requirements of the Code or to meet any of the requirements of the Act or corresponding
provisions of any subsequent or amendatory federal legislation which is applicable;

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by
resolution duly made, seconded and approved that, effective as of the dates herein provided, the

PLAN be amended in the following respects, said amendments being hereby incorporated into the
PLAN:

A, Effective August 1, 2010, Article XI, Section 1 shall be amended by adding a new Section
1(Q) which shall read as follows:

C. Time and Order of Issuance of Domestic Relations Orders.

1 A domestic relations order otherwise meeting ERISA’s requirements to be a QDRO
shall not fail to be treated as a QDRO solely because the order is issued after or
revises another domestic relations order or QDRO.

2. A domestic relations order otherwise meeting ERISA’s requirements to be a QDRO
shall not fail to be treated as a QDRO solely because of the time at which it is issued.

3. Any domestic relations order described in Paragraphs A and B above shall be subject
to the same requirements and protections that apply to all QDROs under Section
206(d)(3) of ERISA.

Except as expressly amended or modified herein, all of the terms of the Plan are hereby
affirmed.

IN WITNESS WHEREOEF, this Amendment has been executed by the Trustees on the 6"
day of January, 2011.

SMW0241



12.1

12.2

12.3

12.4

ARTICLE XII: ADMINISTRATION OF THE PLAN

Responsibility for Administration

(A)

@®)

The Pension Plan shall be administered by the Trustees, who are Fiduciaries under
this Plan, in accordance with the powers granted to them by the Trust Agreement. A
named Fiduciary may employ one or more persons to render advice with regard to
any responsibility such Fiduciary has under the Plan. The Trustees shall make such
rules and prescribe such procedures for administration of the Plan as they shall deem
necessary and responsible. The decisions of the Trustees in all matters pertaining to
the administration of the Plan shall be final.

The Trustees may appoint an investment manager or managers, as defined in
Section 3(38) of ERISA to control or manage any assets of the Plan.

Fiduciary Duties

(A)

@)

(©)

A Fiduciary shall discharge his duties with respect to this Pension Plan solely in the
interest of the Participants and Beneficiaries for the exclusive purpose of:

(1) providing benefits to Participants and Beneficiaries, and
(2) defraying reasonable expenses of administering the Plan.

Fiduciaries shall discharge their duty with respect to the Plan with care, skill,
prudence, and diligence under the circumstances prevailing that a prudent man
acting in a like capacity and familiar with such matters would use in the conduct of
an enterprise of a like character and with like aims.

The Fiduciaries shall diversify the investments of the Plan so as to minimize the risk
of large losses. The Fiduciaries shall discharge their duties in accordance with the
documents and instruments governing the Plan.

Limitation on Rights to Benefits

(A)

No Participant, former Participant, retired Participant, Beneficiary or any person
claiming by or through any such person, shall have any right, interest or title to any
benefits under the Trust Agreement, the Pension Plan or the Trust Fund, except as
such right, interest or title shall have been specifically granted pursuant to the terms
of said Pension Plan.

Benefits Limited by Pension Plan

(A)

All benefits under the Pension Plan shall be paid by the Trustees or an agent under
the Trustees acting on their authority. Notwithstanding any other provisions of this
Plan, no benefits will be paid except those which can be provided under the Plan

46 SMW0211


12.8

12.9

12.10

12.11

12,12

12.13

Order shall not be considered in determining whether or not a Participant shall be
eligible for a lump-sum distribution.

Incapacity

(A) _ In the event the Board of Trustees determines that a Participant, retired Participant
or any other payee is mentally or physically unable to give a valid receipt for any
benefit due him under the Plan, such payment may, unless claim shall have been
made therefore by a legally appointed guardian, committee or other legal
representative, be paid to any person or institution then in the judgment of the
Trustees providing for the care and maintenance of such Participant, retired
Participant or payee. Any such payment shall be considered a payment for the
account of the Participant, retired Participant or payee and shall be a complete
discharge of any liability of the Plan or the Trustees therefore.

Death Benefit Payable to Minors

(A) Any Death Benefit payable to minor children may be paid, at the discretion of the
Board of Trustees, to the legally appointed guardian of the minor, or if there be no
such guardian, to such adults as the Court having legal jurisdiction directs.

Information Required

(A) _ The Trustees shall have the right to require on forms prescribed by the Trustees, as a
condition precedent to the payment of any benefit under the Plan, all information
which they reasonably deem necessary, including, but not limited to, records of
employment, proof of dates of birth and death, and evidence of existence and no
benefit dependent in any way upon information shall be payable unless and until
such information so required be furnished. Such evidence shall be furnished by the
Union, Employers, Participants, retired Participant and Beneficiaries, as applicable.

No Reversion for Employees

(A) The Employers shall have no right, title or interest in the contributions made by
them to the Pension Fund and no part of the Pension Fund shall revert to the
Employers.

Duplication of Benefits

(A) A Participant may receive a pension benefit as a Spouse of a deceased Participant.

Gender

(A) _ The masculine gender as stated herein shall include the feminine gender, wherever
applicable.

48 SMW0213


AMENDMENT NO. 8

TO THE AMENDED AND RESTATED
SHEET METAL WORKERS LOCAL PENSION PLAN

WHEREAS, the Sheet Metal Workers Local Pension Plan was restated effective May 1,
2010; and

WHEREAS, Article XVII, Section 1, permits the Trustees to amend or modify this Plan
at any time by majority vote, retroactively if necessary, to meet the foregoing qualification and
exemption requirements of the Code or to meet any of the requirements of the Act or
corresponding provisions of any subsequent or amendatory federal legislation which is
applicable;

NOW, THEREFORE, the BOARD OF TRUSTEES, having declared and agreed by
resolution duly made, seconded and approved that, effective as of the dates herein provided, the

PLAN be amended in the following respects, said amendments being hereby incorporated into
the PLAN:

A. Effective July 28, 2014, the Plan shall be amended, pursuant to the ruling by the
United States Supreme Court in Heimeshoff v. Hartford Life & Accident Insurance
Co., new Section 13.4(N) shall be added to read as follows:

(N) Effective July 28, 2014, no legal action regarding an applicant’s benefit
may be commenced or filed against the Board of Trustees or the Plan
more than | year after the mailing of the Board of Trustees’ decision on
appeal as specified in Sections 13.4(J) or (M), whichever is later,

SMW0257


1.22

1.23

1.24

1.25

(G) A person who is hospitalized for, or convalescing from, an illness or injury
incurred in, or aggravated during, the performance of service in the uniformed
services shall, at the end of the period that is necessary for the person to recover
from such illness or injury, report to the person’s Employer (in the case of a
person described in subsection (D)(1) or (D)(2) of this section) or submit an
application for reemployment with such Employer (in the case of a person
described in subsections (C) or (D) above). Except as provided in paragraph (H)
below such period of recovery may not exceed two years,

(H) Such two year period shall be extended by the minimum time period to
accommodate the circumstances beyond such person’s control which make
reporting within the period specified in subsection (D)(1)(@) above impossible or
unreasonable.

Non-Covered Service

(A) _ The term "Non-Covered Service" means service with an employer or employers
which is not Covered Service.

Non-Covered Sheet Metal Employment

(A) — Non-Covered Sheet Metal Employment means on or after September 1, 1991, self
employment in the Sheet Metal Industry within the same geographical area of the
Fund as defined in Section 10.7, or employment for an employer which does not
have a Collective Bargaining Agreement between the Union and the employer.

Non-Vested Employee

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

Normal Retirement Age

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

(1) The time the Participant attains at least sixty-one years of age and has been
credited with five or more Years of Service; or

(2) The later of:
(a) age sixty-five, or

(b) the fifth anniversary of the time the Participant first commenced
participation in the Plan.

ll SMWO0176