UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILLARD L. SLOAN, EUGENE J.

WINNINGHAM, and JAMES L. KELLEY, 

on behalf of themselves and a similarly 

situated class, Case No. 09-cv-10918

Hon. Paul D. Borman

Plaintiffs, Magistrate Mona K. Majzoub

v. Class Action

BORGWARNER, INC., BORGWARNER 

FLEXIBLE BENEFITS PLANS and

BORGWARNER DIVERSIFIED 

TRANSMISSION PRODUCTS, INC.,

Defendants.

_____________________________________________________________________________/

EXHIBIT 23 

TO 

PLAINTIFFS’ MOTION 

FOR SUMMARY JUDGMENT

AS TO LIABILITY

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 1 of 75 Pg ID 5653
2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 2 of 75 Pg ID 5654
-

TABLE OF CONTENTS 

A. The Summary 

1. Employees Retired or Terminated before 

March 12, 1995 

2. Highlights of the Plan 

3. Participation in the Plan 

4. Qualifying for a Benefit 

5. Credited Service and Vested Servioe 

6. Breaks in Service 

7. Types of Benefits 

8. Calculation of Benefits 

9. Supplemental Allowances 

10. Loss or Reduction of Benefits or 

Supplemental Allowances 

11. Social Security 12. Examples of Benefits at Retirement 

13. Application for Benefits 

14. Group Insurance at Retirement 

15. Benefit upon Plan Termination 

16. Financing the Plan 

17. Rights under ERISA 

18. Other Information 

B. The Official Agreement 

1. Article One 

2. Article Two 

3. Article Three 

4. Article Four 

5. Article Five 

6. Article Six 

7. Article Seven 

8. Article Eight 9. Article Nine 

10. Article Ten 

11. Article Eleven 

12. Article Twelve 

13. Article Thirteen 

3 Highlights 3 Highlights 3 Highlights 

3 Highlights 4 Highlights 

5 Highlights 

5 Highlights 7 Highlights 9 Highlights 

10 Highlights 12 Highlights 12H ighlights 17 Highlights 17 Highlights 17 Highlights 18 Highlights 

18 Highlights 

19 Highlights 

1 

4 

5 

6 

10 

18 

20 

24 

29 

33 

36 

39 

43 

C. Supplemental Retirement Inoome Program Agreement 45 

D. Rate Schedules ($24.00,$25.00 & $26.50) 47 

E. Exhibit A - Survivor Option Percentage Schedules 50 

F. Letters of Understanding: Retiree Bonus Memorandum of Understanding 51 

DTP009586 

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RETIREMENT INCOME PROGRAM 

OF 

BORG-WARNER AUTOMOTIVE DIVERSIFIED TRANSMISSION 

PRODUCTS CORPORATION, MUNCIE PLANT 

The first twenty pages of this booklet provide a summary of the 

Retirement Income Program of Borg-Warner Automotive DiverSIfied 

Transmission Products Corporation, Muncie Plant (the "Plan") and are 

intended to answer questions most often asked. Also, there are examples of various types of retirement benefits and schedules provided for vour 

convenience. The balance of the booklet is a complete copv of the' 

official agreement and Plan as it has been agreed upon between Borg- Warner Automotive Diversified Transmission Products Corporation, Muncie 

Plant and the International Union, United Automobile, Aerospace and 

Agricultural Implement Workers of America, UAW, and its Local 287 (the 

"Agreement"). Your eligibility to participate in this defined benefit 

plan and the benefits you will receive will be determined by this 

Agreement. You should refer to it to fully understand your benefits. 

These highlights reflect the Plan as it was amended effective as of 

March 12, 1996. 

Emplovee§ retired ~ terminated befote Maroh ~ ~ 

If you have retired or terminated employment before March 12,1995 and 

you were a participant in this Plan, your benefits will be determined 

under the Plan as it existed at the time of your retirement or 

termination. 

Highlights Qf the Plan 

The purpose of the Plan, which is a defined benefit plan, is to provide 

you with a source of income that begins at retirement. When you retire, 

you may reoeive benefits from this Plan. 

PartiCipation in the Plan 

To partioipate in this Plan you must have been employed by Borg-Warner Automotive Diversified Transmission Products Corporation, Muncie Plant 

(the "Company") on September 7, 1989 in the bargaining unit (whioh is 

defined in the applicable collective bargaining agreement between the 

Company and the Union}, attained the age of 21, and received pay for 

1,000 hours during a twelve consecutive month period beginning on the 

date you were hired or in any suoceeding twelve month period. You will 

not be eligible to participate in the Plan if: 

you were not employed by the Company in the Bargaining Unit on 

September 7, 1989, or 

you were hired for employment by the Company in the Bargaining Unit 

on September 7, 1989 or thereafter, or 

you elect to participate in the Borg-Warner Automotive Diversified 

Transmission Products Corporation, Muncie Plant Retirement Savings plan (the "Muncie RSP"). 

In the event you are a Participant in the Plan, but quit, are disoharged 

or have your seniority broken for any other reason and at some later 

date you are rehired by the Company, you will not be eligible to accrue 

further Credited Servioe in this Plan. 

QyalifYing .f.QX. £l Benefit 

You may qualify for: 

A Normal Retirement Benefit at or after age 65; provided however, 

you meet the eligibility requirements and you were hired prior to 

age 60 and yoU continue working through your 65th birthday. If you 

were hired after having attained age 60, you will become eligible 

Page 3 Highlights DTP009587 

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for a Normal Re~irement Benefi~ after you complete five years of 

participation in the Plan. 

An Earlv Retirement Risular Benefit, either: 

.• a~ or after age 60 but before age 65, if you have at least 

ten years of Credited Service, or 

at or after age 55, but before age 60, if the sum of ~'our age 

and your years of Credited Service total at least 85, or 

•• at anytime after you have thirty years of Credited Service. 

A Special Earlv Retirement Benefit beginning at or after age 55 but 

before age 65, if yoU have at least ten years of Credited Service 

and you are retired under mutually satisfactory conditions as 

explained in the Plan and you are not discharged for cause. 

A Disabilitv Retirement Benefit, if, your employment ends beca\lse 

you become totally and permanently disabled and you have at least 

ten years of Credited Service. To be eligible for this benefit, 

:.ou must fulfill all the requirements as defined in the Plan. 

These requirements state the length of time you must have been 

disabled and also the type of disability which this benefit covers. 

A Deferred Vested Retirement Benefit if you have at least five 

years of Vested Service or ten years of Credited Service. This 

benefit begins at age 65, or, Upon your election, a reduced benefit 

either after age 60 or after age 55 if the sum of your age and 

years of Credited Service total at least 85. 

Credited Service ~ Vested Service 

Eligibility for benefits and the amount of benefits are determined by 

the amount of Credited Service which you have at the time you terminate 

your employment. Your eligibility for a Deferred Vested Retirement 

Benefit is determined by whether you have five years of Vested Service 

or ten years of Credited Service at the time you terminate your employment. Credited Service and Vested Service is counted as follows: 

Credited Service: 

For years of employment before October 1, 1950. You will receive 

Credited Service in an amount equal to the greater of the years of seniority you have on October 1, 1950 or the actual years of 

employment. 

For years of employment on or after October 1, 1950. You will 

receive Credited Service in an amount equal to one year for each 

calendar year you work at least 1,600 hours for which you are 

paid, or a fractional year's credit, if you work fewer than 1,600 

hours. 

Vested Service: 

You will receive one year of Vested Service for each year of 

Credited Service you had before January 1, 1976, and, one year of 

Vested Service for each calendar year beginning January 1, 1976 

during which you worked 1,000 hours. There are no fractional 

years of Vested Service. 

Types Qf Hours Counted ~ Credit~d ~ Vested Service: 

The hours counted for Credited Service and Vested Service are the 

hours you actually work, but they may also include limited 

periods during which you do not work or receive pay, They are 

described in the Plan, ,and you should refer to it to determine 

the amount of hours you have. 

DTP009588 

Page 4 Highlights 

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Breaks 1ll Ser\'ice You will incur a break in service if you quit, or are discharged, or 

seniority is broken for any other reason, and after January 1, 1976 if 

you also work fewer than 500 hours during a calendar year, If, you incur a break in service, you will lose credit for all of your previous Credi ted Service and Vested Service, unless you' were eligible for a 

Deferred Vested Retirement Benefit when yo'u incurred the break in 

service " 

YOlJr previous Credited Service and Vested Service will be restored as 

soon as you return to work, but you will not be eligible to Participate in this Plan and you will not be credited with further Credited Service 

in this Plan. 

Tvpes sL Benefits 

When you retire, you may be eligible for one or more of the Benefits* 

listed below. To determine whether you fulfill all of the requirements. 

you must review the Plan. QQ ~ assume ~ ~ ~ eligible for ~ 

Benefit. 

Normal Retirement* ., The Normal Retirement Benefit plus the Special A'ge 65 Benefit. 

Early Retirement* .. Thirty or more years of Credited Service: The Normal Retirement 

Benefit reduced until age 62 and one month, plus the Early Retirement Supplement until age 62 and one month (or later, according to the Social Security schedule set' forth on page 9 

of the Highlights (the "Post 1937 Social Security Schedule")), plus the Special Age 65 Benefit beginning at age 65 . 

•. Less than thirty years of Credited Service and retired 'before 

age 62: The Normal Retirement Benefit reduced until age 62 and 

one month, plus the Interim Supplement until age 62 and one 

month (or later, according to the Post 1937 Social Security Schedule), plus the Special Age 65 Benefit beginning at age 65 . 

. , Less than thirty years of Credited Service and retired on or 

after age 62: The Normal Retirement Benefit plus the Special Age 65 Benefit beginning at age 65. 

Special Early Retirement* ~ Disability Retirement* .. Thirty or more years of Credited Service: The Normal Retirement 

Benefit, plus if not eligible for an Unreduced Social Security Benefit, a Temporary Benefit until age 62 and one month (or later, according to the Post 1937 Social Security Schedule), plus the Early Retirement Supplement until age 62 and one month 

(or later, according ,to the Post 1937 Social Security Schedule), plus the Special Age 65 Benefit beginning at age 66, or, if 

under voluntary Medicate coverage, before age 65 . 

. , Less than thirty years of Credited Service and retired before 

age 62: The Normal Retirement Benefit, plus the Special Age 65 

Benefit beginning at age 65, or, if under voluntary Medicare 

coverage, before age 65, plus if not eligible for an Unreduced 

Social Security Benefit, the Temporary Benefit until age 62 and 

one month (or later, according to the Post 1937 Social Security Schedule) . 

Less than thirty years of Credited Service and over age 62 when 

retired: The Normal Retirement Benefit, plus the Special Age 65 

Benefit beginning at age 65, or, if under voluntary Medicare 

coverage, before age 65. 

*Please note that each Benefit will be reduced by any "other 

benefits" YOll are receiving or entitled to receive. 

Page 5 Highlights 

'. 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 6 of 75 Pg ID 5658
Deferr~g Vestgd Retirement,* .. Five years of Vested Service or Ten years of Credited Service: 

The Deferred Vested Retirement Benefit. 

Survivor B!!nefit 

There are two types of survivor benefit protection available under 

this Plan. One is in effect while you are still emplo~ed. and the 

other comes into effect when you begin retirement. There are 

several conditions for 'you and your spouse to satisfy before you 

qualify for the protection. Also, the election of the survivor 

protection will reduce the amount·of your monthly retirement 

benefit so please read the following carefully • 

.. Pre-Retirement Survivor B!!nefit 

.. 

While you are still working, your eligible spouse may be 

entitled to a Survivor Benefit if you die at a time at which 

YOIl have either: 

... reached age sixty and have ten years of Credited Service; or 

.•. reached age fifty-five and your age and number of 

years of Credited Service total at least 85; or 

... have at least thirty years of Credited Service; or 

..• vested in accordance with the ·Vesting" provisions (5 

years). although the benefit payments are delayed until the 

earliest date you could have retired. 

The amount of the Survivor Benefit will be 60% of the Normal 

Retirement Benefit which you would have received on or after 

age 62 years and one (1) month if you had retired on the day 

before your death, reduced in accordance with the Plan. 

In order to qualify for this Sur~ivor Benefit, you must have 

fulfilled the requirements above and your surviving eligible 

spouse must have been married to you for at least one full year immediately before your death. 

Post-Retirement Automatic Survivor Benefit ~ Optional Survivor 

BeneU ts: 

Unless ~ elect otherwise before ZQll retire (see following paragraphs), your Benefit will automatically b& r~duced from 

the amount calculated under the formula to provide automatic 

survivor benefit protection after your normal retirement, early retirement, special early retirement, disability, or deferred 

vested retirement. The Automatio Survivor Benefit percentage 

is 60% of the reduced Benefit. However. if you retire on or 

after March 12, 1995, you may elect an Optional Survivor 

Benefit of either 75% or 100% of the reduced Benefit. The cost 

is appropriate to the selected Option. 

An eligible spouse is a spouse to whom you are married for at 

least one year as of the date your Benefit commences Or, if you 

are married to your spouse for less than one year at the time 

your Benefit commences, then the survivor benefit will go into 

effect the first day of the month follOWing the day in which 

you have been married to that spouse for one year. 

Under the Automatic Survivor Benefit, except as provided in the 

next paragraph, you will .receive a reduced Benefit for life and 

upon your death, your surviving eligible spouse will receive 

60% of the reduced Benefit for his or her lifetime. If you elected either one of the two Optional Survivor Benefits, your surviving eligible spouse will receive (depending upon your election) 75% or 100% of the reduced Benefit. Under either the 

Page 6 Highlights DTP009589 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 7 of 75 Pg ID 5659
Automatic Survivor Benefit or one of the two Optional SurvivQr Benefits, your Benefit will be further reduced for age, if you retire prior to age 62. The reduction percentage for an 

employee and his or her eligible spouse is explained in detail 

in the Plan (see Article Eight, Section 3). A Participant with 

30 or more years of Credited Service will no longer have the 

reduction for age when he reaches age 62 and one month but the 

percentage reduction to provide the Automatic Survivor Benefit 

continues while the Automatic Survivor Benefit remains in 

effect. 

Unless ~ file the written form described in the following paragraph, the Automatic Survivor Benefit will go into effect 

at the time you apply for a Benefit. However, if you have not 

been married to your spouse for a year, the election will go into effect the first day of the month following the day in 

which you have been married for one year. 

If you do not want the Automatic Survivor Benefit, you along with your eligible spouse must, in writing on a form provided by the Company, elect either the applicable Retirement Benefit 

or one of the two Optional Survivor Benefits before the 

effective dates above. Your spouse's signature must be 

notarized or witnessed by a member of the Board of 

Administration. 

If, after the Automatic Survivor Benefit or one of the two 

Optional Survivor Benefits is in effect, your eligible spouse dies or you are divorced by court decree, then the Survivor 

Benefit election will be cancelled if you provide sufficient 

evidence of the death or divorce to the Board. Your retirement 

benefit will at this time be adjusted to eliminate the 

surviving spouse reduction, provided that nO'qualified domestic 

relations order is received prior to the' beginning payment date 

of the restored benefit. 

If your eligible spouse dies or you are divorced while the 

reduction for survivor benefit protection is in effect and you do not provide sufficient evidence of the event to the Board, then the reduction will continue even though there is no longer 

an eligible spouse for which this benefit was intended. 

Special ~ ~ Benefjt If you are receiving either a Normal Retirement Benefit, Early Retirement Regular Benefit, a Special Early Retirement Benefit, a 

Disability Retirement or a Survivor Benefit (excluding a surviving eligible spouse of a Retired Employee receiving a Deferred Vested 

Retirement Benefit) you will receive a Special Age 65 Benefit if 

you are enr.ol1ed in the voluntary Medicare coverage insurance 

program that is available under the Federal Social Security Act; provided however, that a surviving eligible spouse must be at least 

65 years old to receive this benefit. 

Calculation Qf Benefits 

The benefit amount under the Plan and the periods they are payable are 

as follows: 

Normal Betirement Benefjt---The Normal Retirement Benefit is a set 

amount based on a rate times your years of Credited Service on the 

day you retire according to the follOWing schedule: 

~ Qf Retirement 

March 12, 1996 through March 31, 1996 

APril 1. 1996 through March 31, 1997 

April 1, 1997 and after 

less Other Benefits, if any. 

Page 7 Highlights 

~ $24.00 

25.00 

26.50 

DTP009590 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 8 of 75 Pg ID 5660
!, 

Early ReUrement. Benefit--The amount of the Early Retirement 

Benefit is determined by taking the Normal Retirement Benefit and 

multiplying it by the percentage as shown in the table below which 

is next to the age when the Benefit begins. 

Age When 

Benefit. Commences 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

Payment Pergentage** 

30.4 

32.8 

36.4 

38.3 

41.5 

45.0 

48.9 

53.2 

57.9 

63.5 

69.4 

75.2 

80.8 

86.7 

93.3 

100.0 

less Other Benefits, if any. 

If you have thirty or more years of Credited Service or your combined age and years of Credited Service (to the nearest 1/12th 

in each case) total at least 85 when you retire, the Early Retirement Benefit will be redetermined to the amount of the 

Normal Retirement Benefit, without the percentage reduction, when 

you reach age 62 and one month. 

**Prorated for intermediate ages. 

Special Early Retirement Benefit--This benefit, if you qualify, consists of: 

the Normal Retirement Benefit plus 

a Temporary Benefit determined by multiplying your number of 

years of Credited Service on the day you retire by the rate in 

effect from the following table up to the maximum benefit. 

Date of Retirement 

March 12, 1996 and after 

Less Other Benefits, if any. 

Rate 

$22.00 

Maximum 

Benefit 

$660.00 

The Temporary Benefit will terminate when you reach age 62 

and one month (the Temporary Benefit for a Participant born 

after 1937 who retires on or after the Effective Date - for 

whom .the 80% level Social Security Benefit date is beyond 

age 62 and one month - will terminate according to the Post 

1937 Social Security Schedule) or when you become eligible for an Unreduced Social Security Benefit for age or 

disability, whichever ia the earlier 

Disability Retirement Benefit--This benefit, if you qualify, consists of: 

" the Normal Retirement Benefit plus 

.. a Temporary Benefit determined by multiplying your number of 

years of Credited Service on the day you become totally and 

permanently disabled by the rate in effect from the following table UP to the maximum benefit. 

DTP009591 

Page 8 Highlights 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 9 of 75 Pg ID 5661
Date of Retirement 

March 12, 1996 and after 

less other Benefits, if any. 

Rate 

$22.00 

Maximum 

Benefit 

$660.00 

The Temporary Benefit will terminate when you reach age 62 

and one month (the Temporary Benefit for a Participant born 

after 1937 who retires on or after the Effective Date - for 

whom the 80% level Social Security Benefit date is beyond 

age 62 and one month - wi" terminate according to the Post 

1937 Social Seeurity Schedule) or when you become eligible for an Unreduced Social Security Benefit for age or 

disability, whichever is the earlier. You will be considered 

eligible for an Unreduced Social Security Benefit on account 

of disabi1ity unless you furnish the Board with written 

evidence that you have applied for and been denied such 

benefit. 

Deferred Vested Retirement Benefjt--The amount of the Deferred 

Vested Retirement Benefit is the rate in effect at the time your employment with the Company was terminated times each year of 

Credited Service. 

~ 2f Terminat10n 

March 12, 1996 through March 31, 1996 

April 1, 1996 through March 31, 1997 

April 1, 1997 and after 

less Other Benefits, if any. 

B.Wt $24.00 

26.00 

26.60 

You may elect to receive the Deferred Vested Retirement Benefit 

after age 60 or after age 56 if your combined years of age and your 

years of Credited Service total at least a6, but the amount 

determined by using the formula above will be reduced by 5/9 of 1% 

for each month which the benefit begins before your 65th birthday. 

Special As§ ~ Benefit--The monthly benefit, if you are eligible, is the amount Medicare determines as the cost for Part B of the 

Federal Medicare program. 

SyppjemeQtal Allowances 

In additlon to the benefits described abOVe, there are supplemental allowances which are available to Participants who meet the requirements for them. There is a penalty for receiving a Supplemental Allowance 

after you become ineligible and the Supplemental Allowance is subject to 

a reduction in certain instances. 

Early Retirement Sypplemeat--The Early .Retirement 

available to Participants, who 'retire on or after 

with 30 or more years of Credited Service (except Deferred Vested Retirement Benefit), Yntil ~ ~ 

later, according to the Post 1937 Soc-fiTlSecurity forth below: 

Supplement is 

March 12, 1995 

thOSE! with a 

and one month, or 

Schedule set 

airtb nw:: 

1938 

1939 

1940 

1941 

1942 

1943-1964 

1965 

1956 

1957 

1968 

1969 

1960 

fQa1. llll socrAL SECURIIX SCHEQULE Applicable aenefit Terminates. AsA 

62 & 2 months 

62 & 4 months 

62 & 6 months 

62 & a months 

62 &10 months 

63 & 0 months 

63 & 2 months 

63 & 4 months 

63 & 6 months 

63 & a months 

63 &10 months 

64 & 0 months 

Page 9 Highlights DTP009592 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 10 of 75 Pg ID 5662
The Early Retirement Supplement is designed to bring the total 

monthly benefit under the Plan to the amount on the table below. 

The amount of this supplement is the difference between the 

applicable amount on the table and the monthly retirement benefit. 

However, if a Retired Employee becomes eligible for an Unreduced 

Social Security Benefit as a result,of a disability, the Early Retirement Supplement will be reduced by the Temporary Benefit. 

The actual amount of this supplement will, therefore, depend on the 

amount of the monthly retirement benefit for which you are 

otherwise eligible: total monthly benefit 

for determining Early ~ !Jf. ~eti remen~ Retj rement Sypplement Marc 12, 199 through March 31, 1996 $1,600.00 April 1, 1996 through March 31, 1997 1,700.00 April 1, 1997 and after 1,800.00 

Interim SUPplements-- A Participant who is eligible for an Early Retirement Benefit and who retires, on or after March 12, 1995, with less than thirty (30) years of Credited Service and before 

attaining age sixty-two (62), shall be entitled to a monthly Interim Supplement until he attains age sixty-two (62) and one (1) month (or later, according to the Post 1937 Social Security Schedule). The amount of the Interim Supplement is determined by multiplying the number of years of Credited Service at the date of 

retirement by the following rate applicable to the age at 

retirement: 

Monthly Amount for Each Year 

of Credited Service** For Retirements after 

As2 At Retirement March ~ ~ And ther~after 

54 or under $-0-

55 7.05 

56 8.70 

57 10.20 

58 11.85 

59 13.35 

60 15.00 

61 15.00 

**Prorated for intermediate ages. 

Early Beginning 2f Social SeCyritr Benefit -- If the Retired Employee elects to'draw'lnis Soc al Secur ty Benefit earlier than the age, applicable to such Retired Employee, set forth in the Post 1937 , Social Security Schedule, the Early Retirement Supplement or the 

Interim Supplement, as applicable, terminates at that time. Also, if the Retired Employee fails to notify the Pension Board of such 

early election, the excess payments are subject to the "penalty provisions" of Article Nine, Section 4. 

~ QC Redyction 2! Benefjts QC Sypplemental Allowances 

There are many ways in which you can fail to qualify for, lose, or have 

reduced the Benefits or Supplemental Allowance you may be expecting under this Plan. The following are ~ of the most common ways; review 

them carefully. They do not constitute ~ of the circumstances. You 

should realize that in Qrder ~ r

a

5:11' A aenefit or a ?upplemental Allowance f£2m ~ flAn ~ mYat ______ v for that Benef,t or 

Supplemental Allowance according to the provisions of the Plan and you should refer to the Plan to see if you qualify for each Benefit or 

Supplemental Allowance. 

If you were hired'after January 1, 1988 and you were age 60 or more 

at the time of your hire and you did not participate in the Plan for 

at least five years prior to the date of your termination, you will 

not be eligible for a Benefit from this Plan. 

DTP009593 

Page 10 Highlights 

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If you receive or are entitled to receive "other benefits," as fully descri bed in the Pl an, your Benefi t will be reduced by the am,?unt of 

each of the "other benefits." "Other benefits" means any annulty, pension or retirement benefit for concurrent service with the 

Company to which a Retired Employee would be entitled by reason of 

any Company pension or retirement plan to the extent to which the 

Company contributes or has contributed, but does not includ~ any benefit the Retired Employee receives from his Employee Retlrement 

Account or Savings Account in the Muncie RSP or the Borg-Warner Automotive Diversified Transmission Products Corporation, Muncie 

Plant Local 287 Retirement Invest~ent Plan. . 

If you are receiving a Temporary Benefit, it will end when you reach 

age 62 and one month (or later, according to the Post 1937 Social 

security Schedule). 

If you are receiving an interim Supplement, it will end when you reach age 62 and one month (or later, according to the Post 1937 

Social Security Schedule). 

If you are receiving an Early Retirement Supplement, it will end 

when you reach age 62 and. one month (or later. according to the Post 

1937 Social Security Schedule). 

If you do not file for a Benefit within five years of the last day 

you work for the Company, except if you were on a union leave of 

absence, you will not receive a Supplemental Allowance. 

If you do not agree to restrict your employment income as provided in the Plan, you will have your Supplem~ntal Allowance reduced. 

If you retire with a Special Early Retirement Benefit or a 

Disability Benefit you are entitled to receive an Early Retirement 

SUpplement. The amount of such Early Retirement Supplement will be 

determined as if you are receiving a Temporary Benefit even though yoU may not be receiving a Temporary Benefit. 

If you are entitled to receive an Early Retirement Supplement, the amount of such Early Retirement supplement will be determined ~ 

if you had elected not to receive the Survivor Benefit. 

If the Supplemental Allowance you were to receive, when added to 

your Benef1t, would result in your total benefit exceeding 70% of 

·your final base pay (as computed 1n the Plan), then the amount of 

the Supplemental Allowance w11l be reduced until the total benefit 

is 70% of your final base payor until the amount of the 

Supplemental Allowance equal zero, whichever comes first. 

If you are entitled to receive a supplemental A·l1owance and you earn 

over the allowable maximum earnings limit of $10,000, then you will 

be ~enalized double the amount that your earnings exceed the maximum 

lim t. The amount of the penalty will be deducted from the amount 

of the Supplemental Allowance you receive in the future. 

If you have incurred a penalty because of excess earnings or after 

yoU are entitled to Soc1a1 Security benefits you are overpaid a 

SUPplemental Allowance, you will have to either repay the overpayment in a lump sum or it will be deducted from future amounts payable to you from the Plan. 

DTP009594 

Page 11 Highlights 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 12 of 75 Pg ID 5664
If you are discharged, you will not be Eiligible for a Supplemental Allowance unless, after a collective bargaining grievance, a 

decisi'on was made that you are so eligible. 

If you have a break in service, you may lose all of your previous Credited Service and Vested Service. 

If you are credited with less than 1,600 hours in a year, you may not receive a full year of Credited service. 

If you transfer to a supervisor position, you will stop accumulating Credited Service under this Plan. 

If you don't apply for benefits, you won't receive them. 

Social SecyritY You and the Company pay equal taxes during your work years to provide Social Security benefits for your retirement. Social Security is 

important not only as part of your retirement income, but also for its 

disability, survivor and Medicare provisions. The amount of Social 

Security benefits will be based on those portions of your income on 

which Soc'ial Security taxes were paid, according to the schedule of 

benefits stated in the law when you retire. Although the examples in 

this Summary will not, show estimated amounts for Social Security benefits, the availability of these benefits should be kept in mind as 

you review the examples. You can obtain fu" 1 information on your rights and benefits by visiting your local Social Security office. 

EXAMPLES QE BENEfITS AI RETIREMENT 

NOTE: The amounts below are estimates, and will be reduced ~y.certain 

other benefits (as defined in the Agreement) if you are recelVlng or 

entitled to receive such benefits. These amounts are a guide to show 

you how to determine your benefits based on the Benefit that you are 

entitled to receive; it i§ ~ ~ statement ~ ~ ~ actually ent j t J ed .t.Q rece i ye .3.Y.&.b ~ Benef it. A 11 examp I es are based on the 

$24.00 rate (these calculations are as of April 1, 1995). 

Normal Retirement Benefit At ~ ~ ~ ~ years Qf credited 

Servjce 

,Without the Automatic Survivor Benefit 

Normal Retirement Benefit 

(rate x years of credited service) $720.00 

+Special Age 65 Benefit *** + 46.10 

IOTAI., BENEFIT $766.10 

***Special Age 65 Benefit will be the normal Medicare charge. 

DTP009595 

Page 12 Highlights 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 13 of 75 Pg ID 5665
.With the Automatic Survivor Benefit' 

Normal 'Retirement Benefit 

(rate x years of credited service) -Survivor Benefit reduction  

BENEFIT 

+Special Age 65 Benefit ** * 

TOTAL, BENEFIt 

Survivor Benefit 

Normal Retirement Benefit 

-Survivor Benefit Reduction**** ($720.00 -36.00 =$684.00 x 60%) 

$720.00 

- 36.00 --------- $684.00 

+ 46.10 --------- $730.10 

$410.40 

Normal Retirement Benefit ~ ~ ~ ~ ~ year~ Qf Credited 

Service 

.Without the Automatic Survivor Benefit 

Normal Retirement Benefit (rate x 

years of credited service) +Special Age 65 Benefit *** 

TOTAL BENEFIT 

.With the Automatic Survivor Benefit 

Normal Retirement Benefit (rate x 

years of credited service) -Survivor Benefit Reduction   

+Special Age 65 Benefit ** * 

TOTAL BENEFIT 

Survivor Benefit 

Normal Retirement Benefit 

-Survivor Benefit Reduction**** 

($480.00 -24.00 =$456.00 x 60%) 

$480.00 

+ 46.10 

$526.10 

$480.00 

- 24.00 

$456.00 

+ 46.10 

$502.10 

$273.60 

 The percentage reduction is 5% for the 60% Automatic 

Survivor Benefit. 

DTP009596 

Page 13 Highlights 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 14 of 75 Pg ID 5666
Earl~ Retirement Benefit Ai rulII. .!ill !i.iJ<.h lQ years 2i. Credited 

Servlce 

.Without the Automatic Survivor Benefit 

Benefits 

Received 

Until Age 

.tl 

Normal Retirement 

Benefit # 

+Early Retirement 

Supplement 

+Special Age 65 

Benefit ** * 

$624.24 # 

976.76 

.00 

---------- TOTAy BENEFIT $1,600.00 

.With the Automatic Survivor Benefit 

Benefits 

Received 

Until Age 

62 

Normal Retirement 

Benefit # $624.24 

-Survivor Benefit 

Reduction **** - 36.00 

--------- BENEFIT $688.24 

+ Early Retirement 

Supplement 975.76 

+ Specia'! Age 66 

Benefit *** .00 

--------- TOI6l! !.lEI':IE[IT $1664.00 

Survivor Benefit 

Early Retirement Benefit 

-Survivor Benefit Reduction  

($720.00 -36.00 =$684.00 x 

60%) .1410.40 

+ Special Age 65 

Benefit ** * ~ $410.40 

# Reduced for Early Retirement 

# 

Pa~e 14 Highlights 

Benefits 

Received 

Between 

Au .u. .&. illi. 

$720.00 

.00 

.00 

$720.00 

Benefits 

Received 

Between 

Age 62 & 66 

$720.00 

- 36.00 

$684.00 

.00 

.00 

---------

$684.00 

.1410.40 

~ $410.40 

Benefits 

Received 

Beginning 

.lUi. Au .§§. 

$720.00 

.00 

46.10 

$766.10 

Benefits 

Received 

Beginning 

at age 66 

. $720.00 

-36.00 

$684.00 

.00 

+ 46.10 

$730.10 

.1410.40 

.± 46.10 

$456.10 

DTP009597 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 15 of 75 Pg ID 5667
early Retirement BegyJar Benefit ~ ~ ~ ~ ZQ years Qf 

Gcedited ServicQ 

.Witho~t the Automa~ic Survivor Benefit 

Benefits' 

Received 

Until Age 

.u 

Normal Retirement Benefit 

(reduced for early ret i rement) $4111". 16 

+ Interim· 

Supplement 300.00 

+ Special Age 65 

Benefit *** .00 

---------- TOTAL BENEFIT $716.16 

.With the Automatic Survivor Benefit 

Benefits 

Received 

Until Age 

.u 

Normal Retirement Benefit 

(reduced for early retirement) $416.16 -Survivor Benefit 

Reduction  - 20.$1 

BENEFIT 

+ Interim Supplement 

+ Special Age 

65 Benefit ** * 

TOTAL BENEFIT 

Survivor Benefit 

Early Retirement Benefit 

Reduced for age 

--------- $395.35 

+300.00 

.00 

$695.35 

-Survivor Benefit Reduction 

($480.00 -63.84, -$20.81 

=$395.35 x 60%) $237.21 

+ Special Age 

65 Benefit *** $237:Ri 

Benefits 

Received 

Between 

A.9.t. .u .L§.~ 

$416.16 

.00 

.00 

$416.16 

Benefits 

Received 

Between 

A9..a ll1s. M 

$416.16 

- 20.81 --------

$395.36 

.00 

.00 ----..... _--

$395.35 

$237.21 

....Q.Q 

$237.21 

Benefits 

Received 

Beginning 

~ A9..a M 

$416.16 

.00 

+ 46.10 

$462.26 

Benefits 

Received 

Beginning 

.Ill. A9..a .§9. 

$416.16 

-20.81 

--------- $395.35 

.00 

+ 46.10 

--------- $441.45 

$237.21 

± 46.10 

$283.31 

***Special Age 65 Benefit will be the normal Medicare charge. 

 The percentage reduction is 5% for the 60% Automatic 

Survivor Benefit. 

Page 15 Highlights 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 16 of 75 Pg ID 5668
Disabilitv Retirement ~ Special EarlY Retirement ~ age ~ liiih gQ 

years Q! Credited Service, 

.Wltho"t the Automatio Survivor Benefit 

If eligible for Social 

Normal Retirement 

Benefit 

+ Special Age 65 

Benefit ** * 

Benefits 

Received 

Until Age 

.6..2. Seourity: 

$480.00 

+ 46.10 

TQT~w BENEFIT $526.10 

If A2t eligible for Sooial Security: Normal Retirement 

Benefit $480.00 

+ Temporary 

Benefi t ($21) +420.00 

+ Special Age 65 

Benet'i t *** 0 . 00 

TOTAw BENEFIT $900.00 

.With the Automatic Survivor Benefit 

Benefits 

Received 

Until 'Age 

.li.2. If eligible for Social Seourity: Normal Retirement 

Benefit $480.00 - Survivor Option Reduction 

  

BENEFIT 

+ Speoial Age 

65 Benefit ** * 

TOTAw BENEFIT 

- 24.00 

$456.00 

+ 46.10 

$602.10 

If not eligible for 

Normal Retirement 

Benefit 

Social Security: 

Survivor Option 

**** 

$480.00 

Reduction - 24.00 

+ Temporary Supplement 

+ Special Age 

$466.00 

+420.00 

65 Benefit *** 0.00 

TOTAL BENEFIT $876.00 

Survivor Benefit 

Normal Retirement Benefit 

-Survivor Benefit Reduotion x 60% 

($480.00 -24,00=$456.00 x 

60%) $273.60 

+ Special Age 65 Benefit *** 

$273.60 ~ 

Page 16 Highlights 

Benefits 

Recei\'ed 

Between 

A.!Ul .li.2. .& li. 

$480.00 

+ 46.10 

$526.10 

H80.00 

.00 

+0.00 

--------

$480.00 

Benefits 

Received 

Between Age .li.2.! 65 

$480.00 

- 24.00 

$456.00 

+ 46.10 

$502.10 

$480.00 

- 24.00 

$456.00 

.00 

0.00 

$456.00 

$273.60 

Q...QQ $273.60 

Benefits 

Received 

Beginni.ng 

.!ll All li. 

$480.00 

+ 46.10 

$526.10 

$480.00 

.00 

+ 46.10 

$626.10 

Benefits 

Received 

Beginning 

at .t\.!!§. 65 

$480.00 

- 24.00 

$456.00 

+ 46.10 

$502.10 

$480.00 

-24.00 

$466.00 

.00 

+ 46.10' 

$502.10 

$273.60 

.t 46.10 

$319.70 

DTP009598 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 17 of 75 Pg ID 5669
Deferred Ye!!ted Ret'irement 9.i .€\ ~!\rticipant ltb..Il terminated 

emptoyment ~ lQ years 2i Credited Service ~ ~ after MArch ~ 

~ II rut§. M Deterred Vested Retirement Benefit: $24.00 x 20 years of Credited 

Service= $480.00 

Applicatign ~ A Benefit. 

To begin a Benefit under the Plan, you must file an application. An 

application may be obtained from the Company's Human Resources 

Department, or ask your foreman or ,Union Representative. 

You should file your application about 60 days before the date you wish 

to retire. 

If your claim for a Benefit is denied, in whole or part, you will be 

notified, in writing, by the Board of Administration. The Board will 

give the reasons for the denial and tell you what additional information might be needed to consider your claim further. You may appeal 

to the Board for a review at any claim which the Board denies in whole 

or in part within 60 days of the date on which your claim is denied. 

The Board will review any information which you provide and will notify 

you within 60 days after receipt of your request for review. 

Group Insurance Ai Retirement. 

Hospital and Medical Insurance Benefits--Upon retirement, hospital and 

medical expense coverage will be continued pursuant to the Health 

Insurance Agreement between Borg-Warner Automotive Diversified 

Transmission Products Corporation, Muncie Plant, and International 

Union, United Automobile, Aerospace and Agricultural Implement Workers 

of America (UAW) and its Local No. 287 entered into on the 12th day of 

March. 1995 (the "Health Insurance Agreement"). The Company pays, according to the terms of the Health Insurance Agreement, the cost of 

such coverage for "retirees and their eligible dependents". These 

terms are described in the Health Insurance Agreement and Group Insurance booklet. 

Life Insurance After Retirement--If your group life insurance is in 

effect at the date of your retirement. your life insurance will be 

continued in effect for you in accordance with the terms and the 

schedule of the Health Insurance Agreement. These terms are described 

in the Health Insurance Agreement booklet. 

Benefits YnQU ~ Termination. 

If the assets in the Trust Fund are sufficient, then all the benefits 

based on your Credited Service under the Plan to date of termination of 

the Plan would be paid; however. it the assets in the Trust Fund aren't 

sufficient, certain groups get their benefits. or parts of the 

benefits, before certain others, and ~ b~nefits max ~ ~ ~ Ai 

All. 

Even if assets should run out, there are certain benefits that Borg- W~rner Automotive Diversified Transmission Products Corporation will 

payout of corporate funds. In the event that Borg-Warner Automotive 

Diversified Transmission Products Corporation should go out of 

existence completely, there are certain government guarantees from the 

Pension Benefit Guaranty Corporation (PBGC). 

Benefits under this Plan are insured by the PBGC if the Plan 

terminates. Generally, the PBGe guarantees most vested normal age retirement benefits, early retirement benefits, and certain disability ~nd survivor's benefits; however, the PBGC does not guarantee all types of benefits under covered plans, and the amount of benefit protection i~ subJect to certain limitations. DTP009599 

The PBGC guarantees vested benefits at the level in effect on the date 

of a plan termination; however, if a plan has been in effect less than 

Page 17 Highlights 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 18 of 75 Pg ID 5670
f~ve years before it terminates, or if benefits have been increased 

wlth}n the five years before plan termination, the whole amount of the 

plan s vested benefits or the benefit increases roay not be guaranteed. In addition, there is a ceiling on the amount of monthly benefit the . PBGe guarantees, which is adjusted periodically. 

F?r more information on the PBGe insurance protection and its 

Ilmitations, ask the Company's Insurance and Pension Office or the 

PEGC. Inquiries to the PEGC should be addressed to: 

The Office of Communications 

PBGe 

2020 "K" Street, N.W. 

Washington, D.C. 20006 

The PEGC Office of Communications may also be reached by calling (202) 254-4817. 

To the extent provided for in the Supplemental Retirement Income 

Program Agreement dated March 12, 1995, if the Plan should terminate 

because of the Muncie Plant closing, 

all Participants who had retired, surviving eligible spouses who 

were being paid a Benefit, and Participants eligible to retire 

would receive their full benefits, including all Supplemental Allowances. 

Participants entitled to a Deferred Vested Retirement Benefit 

would receive their accrued benefits, and 

. the eligible spouses of deceased employees who were eligible for 

a Survivor Benefit would receive such Survivor Benefit. 

If Borg-Warner Automotive Diversified Transmission Products 

Corporation, Muncie Plant should go out of existence, the Supplemental Allowances might no longer be guaranteed. 

After the benefits of the previous paragraph were taken care of, then 

IF THERE WAS ANY MONEY LEFT IN THE TRUST FUND, Participants with less 

than 10 years of service would be taken care of. These benefits are 

entirely dependent upon there being Trust Fund assets. Neither Borg- Warner Automotive Diversified Transmission Products Corporation, Muncie 

Plant nor the PEGC would pay any of these. 

Financing ~ ~. . Borg-Warner Automotive Diversified Transmission Products Corporation, Muncie Plant, sponsors the Plan and makes contributions to the Borg- Warner Automotive, Inc. Employees Pension Trust. Company contributions 

are made each year according to what an independent actuary says is 

sufficient to provide the Plan's stated benefits assuming the Plan 

continues in effect. 

YOllr Rights under the Employee Retirement Income Security Act of 1974 

(ERISA) 

As a participant in the Plan, you have certain rights and protections under the Employee Retirement Security Act of 1974. ERISA entitles you 

to; 

Examine, without charge, at the 

Department, all Plan documents, 

filed by the Plan with the U.S. 

reports and Plan descriptions. 

Company's Human Resouroes 

including copies of all documents 

Department of Labor, such as annual 

DTP009600 

Obtain copies of all Plan documents and other Plan information upon 

request to the Insurance and Pension Department. A reasonable 

Page 18 Highlights 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 19 of 75 Pg ID 5671
charge will be made for copies. 

Receive a summary of the Plan's annual financial report. We will 

fUrnish each participant with a copy of this summary financial 

report. 

Obtain a statement once a year telling you whether you have a right 

to receive a benefit at normal retirement age (age 65) and if so, 

what your benefits would be at normal retirement age if you stop working under the Plan now. If you do not have a right to a 

benefit, the statement will tell you how many more years you have 

to work to get a right to a benefit~ This statement must be 

requested in writing. We will provide the statement free of 

charge. 

In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of a plan. The people who operate your Plan, called "fiduciaries" of the Plan, 

have a duty to operate the Plan prudently and in the interest of you and other Plan participants and beneficiaries. 

No one, including your empJ.oyer, or any other person, may terminate you 

or otherwise discriminate against you in any way to prevent you from 

obtaining a benefit or exercising your rights under ERISA. 

If your claim for a benefit is denied in whole or in part, you must 

receive a written explanation of the reason for the denial. You have 

the right to have the Board of Administration of the Plan review and 

reconsider your claim. 

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the Board of Administration 

and do not receive them within thirty days, you may file suit in a 

federal court. In such a case, the court may require the Plan 

administrator to provide the materials and pay you up to $100 a day until you receive the materials, unless the materials were not sent 

because of reasons beyond the control of the Board of Administration. 

If you have a claim for benefits which is denied or ignored, in whole 

or in part, you may file suit in a state or federal court. 

If it should happen that the Plan fiduciaries misuse the Plan's money, 

or if yoU are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit 

in federal court. 

The court will decide who should pay court costs and legal fee.. If 

yoU are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous. 

If yoU should have any questions about this Plan or your rights under 

ERISA, you should contact the Insurance and Pension Office or the 

nearest Area Office of the U.S. Labor/Management Service 

Administration, Department of Labor. 

Other Information. 

This summary is a brief description of the Plan. The official Plan 

document and Trust Agreement describe the provisions of the Plan in 

more detail and will solelY govern with respect to your eligibility 

to partiCipate in the Plan and the benefits you will receive under 

the Plan. 

Type of administration of the Plan. 

. . . Administered by the Company . Benefit structure administered by 

Page 19 Highlights DTP009601 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 20 of 75 Pg ID 5672
the Company-Union Joint Board of Administration Per Article 

Four of the Retirement Income Program Agreement. 

Name and address of the employer and administrator • 

.• Borg-Warner Automotive Diversified Transmission Products 

Corporation, Munoie Plant 

5401 West Kilgore Munoie, IN 47304 

(317) 286-6100 

Employer tax identifioation number and plan. 

· . EIN 31-1232404 Plan No. 036. 

Name and address of trustee • 

•• The Northern Trust Company Employee Benefit Fund Division 

50 South LaSalle Street 

Chioago. IL 60675 

The name of the Trust is the Borg-Warner Automotive. Ino. 

Employees Pension Trust • 

• ,The Retirement Income Program Agreement is negotiated separately from the colleotive bargaining agreement, and it contains all 

:relevant provisions. 

Name and address for service of legal prooess. 

· . Retirement Income Program Borg-Warner Automotive Diversified Transmission Products 

corporation. Muncie Plant 

5401 W. Kilgore Muncie, IN 47304 

Service of legal process may also be made on the trustee. 

Plan year for record keeping. 

· . Records are kept on a Plan year basis. 

December 31. 

Page 20 Highlights 

End of Plan year is 

DTP009602 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 21 of 75 Pg ID 5673
RETIREMENT INCOME PROGRAM 

OF 

BORG-WARNER AUTOMOTIVE DIVERSIFIED TRANSMISSION PRODUCTS 

CORPORATION, MUNCIE,PLANT 

THIS AGREEMENT was made and entered into this 12th day of March, 1995 by and between Borg-Warner Automotive Diversified Transmission Products 

Corporation, Muncie Plant, hereinafter called the Company, and the 

International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW and its Local 287, hereinafter called 

the Union. 

WIT N E SSE T H: 

The parties hereto have mutually agreed as follows: 

This Agreement supersedes the Retirement Income Program Agreement between 

the parties dated October 27, 1989 (as amended September 27, 1990 by the 

Agreement on extension of the Retirement Income Program Agreement), and 

sets forth the entire agreement of the parties with respect to the 

subject of pensions for employees who were employed in the bargaining unit on September 7, 1989 and who have not elected to become a 

participant in the Borg-Warner Automotive Diversified Transmission 

Products Corporation, Muncie Plant, Retirement Savings Plan. This 

Agreement may be modified or supplemented only by further written 

agreement between the parties hereto. 

This Agreement is effective March 12, 1995. Except as provided in 

Article Seven, Section 7, the Retirement Income Program Agreement between 

the Company and the Union dated July 16, 1974 (as amended January 1, 1976), March 6, 1980, March 3,1983, September 7, 1986, and October 27, 1989, as amended September 27, 1990 by the Agreement on extension of the 

Retirement Income Program Agreement, (individually, the "Prior Agreement" 

or collectively, the "Prior'Agreements") shall apply to any Employee retired or terminated prior to March 12, 1995. 

ARTICLE ONE 

PEFINITIONS 

As used in this Agreement, the following terms shall have the meanings indicated: 

1. "Accrued Benefit" means any Benefit under the plan that a 

Participant is entitled to under Article Seven as of a particular date. 

2. "Actuary" means the actuary selected by the Company pursuant to 

Article Three of this Plan. 

3. "Affiliate" means the Company or any corporation that is either a 

parent corporation, subsidiary corporation or an affiliated or 

aSSOCiated entity of the Company that together with the Company is a 

member of a "controlled group" within the meaning of the Code 

Sections 414(b), 414(c), 414(m) and 414(0). 

4. "Bargaining Unit" means the group of employees represented by the 

Union and defined in the Collective Bar~aining Agreement between the 

Company and the Union as amended from t,me to time. 

5. "Benefi t" means ei ther a Normal Reti rement Benefi t, Early Reti rement 

Regular Benefit, Special 'Early Retirement Benefit, Disability Retirement Benefit, Deferred Vested Retirement Benefit or Survivor 

Benefit pursuant to Article Seven and/or Article Eight to which a 

Participant or Eligible Spouse is entitled upon meeting the 

Page 1 DTP009603 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 22 of 75 Pg ID 5674
eligibility requirements pursuant to Article Six. 

6. "Benefit Commencement Date" means the date on which a Participant~s Benefit actually begins under the Plan. 

7. "Board" means the Board of Administration, provided for, in Article 

Four of this Agreement. 

8. "Break in Service" means less than 500 Hours of Employment in any Plan Year pursusnt to Article Five, Section 3. A Participant will 

incur a one-year break in service for purposes of eligibility to 

participate if during an eligibility computation period he completes less than 500 hours of employme,nt. 

9. "Code" means the Internal Revenue Code of 1986, as amended and in 

effect from time to time. 

10. "Collective Bargaining Agreement" means the Collective Bargaining Agreement between the Company and the Union, effective March 12, 

1996 with respect to the Bargaining Unit, as amended from time to 

time. 

11. "Company" means the plants of Borg-Warner Automotive Diversified 

Transmission Products Corporation, Muncie Plant, located in the city of Muncie and Delaware County, Indiana. 

12. "Credited Service" means the sum of any Past Service and any Future 

Service under Article Five. Service with the Company after the 

December 31 immediately preceding the January 1 that a Participant's Accrued Benefit is frozen under Article Seven, Section 8 shall not 

be considered as Credited Service under the Plan. 

13. "Early Retirement Supplement" means that portion of the Supple- mental Allowance provided in accordance with the provisions of 

Article Nine, Subsection 2(a). 

14. "Effective Date" means March 12, 1995. 

15. "Eligible Spouse" means (a) the husband or wife to whom a 

Participant has been married for at least one year prior to his 

Benefit Commencement Date by a marriage recognized by the law of the 

state of residence and with respect to a deceased Participant means 

the husband or wife to whom the deceased Participant had been 

married for at least one (1) year immediately prior to the 

Participant's date of death, or (b) the husband or wife to whom a 

Participant has been married less than one year prior to his Benefit 

Commencement Date but to whom the Participant thereafter remains 

married through the first anniversary date of such marriage. 

16. "Employee" means any person employed by the Company or on the 

seniority list on or after January 1, 1850, in the Bargaining Unit 

defined in the applicable Collective Bargaining Agreement between 

the Company and the Union. 

17. "ERISA" means the Employee Retirement Income Security Aot of 1974, 

as amended from time to time. 

18. "Fiduciaries" means the Company, the Trustee or Trustees, the Board 

and any investment or financial management or consulting firm, 

company, or individual designated in accordance with Article Two, 

but only with respect to the specific responsibilities of each for 

Plan and Trust administration, all as described in Articles Two and 

Page 2 DTP009604 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 23 of 75 Pg ID 5675
Four herein and the Trust Agreement. 

19. "Future Service" means service with the Company as determined under 

Article Five, Section 2. 

20. 

21. 

"Interim Supplement" means the portion of the Supplemental Allowance provided in accordanoe with the provisions of Article Nine, 

Subseoti on 2 (b) • 

"Munoie RSP" means the Borg-Warner Automotive Diversified 

T.ransmission Produots Corporation, Muncie Plant Retirement Savings Plan, as amended from time to time. 

22. "Normal Retirement Age" means the later o.f the date on which the 

'Participant attains age 65 or, if hired after age sixty (60), the 

fifth anniversary of the date on which the Participant commenced 

partioipation in the Plan. A Participant's right to his Benefit 

shall be nonforfeitable when he attains Normal Retirement Age. 

23. "Other Benefits" means any other annuity, pension or retirement 

benefit for conourrent servioe with the Company that a Retired 

Employee would be entitled to by reason of any Company pension or 

retirement plan to which the Company ·contributes or has contributed, 

but does not include any benefit the Retired Employee receives from 

his Employee Retirement Account or Savings Account in the Muncie RSP 

or any benefit the Retired Employee receives under the Borg.-Warner Automotive Diversified Transmission Products Corporation, Muncie 

Plant Local 287 Retirement Investment Plan. 

24. "Pll.rticipant" means any Employee who (a) was employed by the Company in the Bargaining Unit on September 7, 1989, (b) has attained age 21 

and Cc) has completed twelve (12) consecutive months beginning on 

the Employee's date of hire or succeeding twelve (12) month periods, during· which the Employee oompletes 1000 hours of Future Service. 

Any Participant who elects to participate in the Muncie RSP 

effective as of January 1, 1991 or any January 1 thereafter, shall 

cease being a Participant in this Plan effective as of the December 

31 immediately preceding that January 1. Any Employee hired for 

employment with the Company on September 7, 1989 or thereafter shall 

not be eligible to partiCipate in the Plan. Any Employee who is 

rehired for employment with the Company on September 7, 1989 or 

thereafter will be credited with Vested Service, but not any further 

Credited Service under the Plan for the subsequent period of 

employment. 

25. "Past Service" means service with the Company as determined under 

Article Five, Section 1.' 

26. "Plan" means the Retirement Income Program of Borg-Warner Automotive 

DiverSified Transmission Products Corporation, Muncie Plant. 

27. "Plan Year" means the calendar year beginning January 1 and ending December 31 during which the Plan is in effect. 

28. "Retired Employee" means a PartiCipant retired under the Plan. 

29. "Retirement Benefit" means the monthly payment or payments to which 

a Retired Employee is entitled. 

30. "Special Age 65 Benefit" means that benefit provided in accordance 

with the provisions of Article Seven, Section 6. 

Page 3 

DTP009605 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 24 of 75 Pg ID 5676
31. "Su~plemental Allowance" means the amounts, consisting of the Earl~ Ret~rement Supplement and the Interim Supplement, provided in 

accordance with the provisions of Article Nine. Unless otherwise 

expressly provided, a Supplemental Allowance is subject to the 

provisions of this Agreement and the Retirement Benefits payable from the Trust Fund. 

32. "Surviving Eligible Spouse" means an Eligible Spouse who is 

rec'eiving a Benefit under Article Eight, Section 3 of the Plan. 

33. "Temporary Benefit" means the portion of the Retirement Benefits 

provided in Artiole Seven that is, terminated upon the earlier of a 

Retired Employee's attainment of age sixty-two (62) and one (1) month (or according to the Post 1937 Social Security Sohedule set 

forth in Article Nine, Section 2 (a» or becoming eligible for an 

Unreduced Social Security Benefit. 

34. "Totally and Permanently Disabled" means the Participant has a 

mental or physical condition resulting from any medically determinable injury or disease which the Board finds, on the basiS 

of competent medical evidence, will result in the Participant being unable to engage in further regular employment with the Company and 

will presumably be permanent and continuous for life; provided, however, that for the purpoaes of the Plan" a Participant shall not 

be d'eemed, Totally and Permanently Disabled if his disability was a 

result of service in the armed forces of any country, performed after October I, 1950, for which a service-connected veteran's 

disability benefit is payable, except that nothing herein shall 

prevent a Participant frcm being deemed so disabled under the Plan 

if he has accumulated at least five (5) years of Credited Service 

after separation from service in the armed forces and before such 

disability occurs. 

35. "Trust Agreement" means the agreement or the agreements entered 

into by the Company with the Trustee in accordance with Article Two. 

36. "Trustee" means the trustee or trustees selected by the Company, and 

designated by the Trust Agreement to hold and invest the Trust Fund. 

3 i. ,"Trust Fund" means the fund or funds established pursuant to Article 

Two and to which payments are made by the Company in accordance with 

Article Three of this Agreement. 

38. "Union" means the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, and its Local 

287. 

39. "Unreduced Social Security Benefit" means a benefit eqtiivalent to an 

individual's primary insurance amount determined and payable under 

Title II of the Social Security Act, as now in effect or as 

hereafter amended, without any reduction being made thereon. 

40. "Vested Service" means a calendar year during which the Employee completes at least one thousand (1000) hours of Future Service as d~fined in Article Five, Section 3. 

ARTICLE TWO 

TRUST ~ ANQ TRUSTEE 

A Trustee or Trustees shall be designated by the Company with one or more 

Trust Agreements executed between the Company and such Trustees, under 

the terms of which one or more Trust Funds shall be established to 

Page 4 

DTP009606 

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receive, hold, invest and reinvest contributions payable by the Company, interest and other income, and to pay the Benefits and Supplemental Allowances provided by the Plan. A copy of the Trust Agreement or Trust 

Agreements shall be filed with the Board for information only. The 

Trustee or Trustees or, if so designated by the Trustee(s) or by the 

Company or by both, an investment or financial management or consulting firm, company, or 1ndividual shall be solely responsible for the 

investment and reinvestment of the funds in the Trust Fund, and shall 

have sole discretion as to the securities in which the funds shall be 

invested or reinvested, including a share of any joint investment account 

or trust. 

The Company will determine the form and terms of any such Trust 

Agreement; may modify any such Trust Agreement from time to time to 

accomplish the purpose of the Plan; and remove any Trustee and select any 

successor Trustee. NQ Participant shall make or be required to make any contribution to the Trust Fund. The Retirement Benefits provided for 

herein shall be only such as can be provided by the ,assets of the Trust 

Fund and there shall be no liability or obligation on the part of the 

Company to make any further contributions to the Trustee in the event of 

termination of this Agreement or the Plan. 

ARTICLE THREE 

pAYMENTS lQ !HE TRUST 

1. Company Contrjbytions. The Company agrees that, during the period commencing with the Effective Date and continuing for the term of 

this Agreement, it will from time to time make contributions to the 

Trust Fund in an aggregate amount sufficient, based upon estimates 

made by a qualified Actuary selected by the Company, 

( a) 

(b) 

(c) 

to cover the normal cost of the Retirement Benefits provided for under the Plan for such period; to fund the lump sum past service costs of the Retirement 

Benefits provided for under the Plan for such period, on the 

basis of a method of funding approved by such Actuary, which 

complies with ERISA; and 

to fund the Early Retirement Supplements and Interim Supple- ments provided under Article Nine of the Plan on any basis 

approved by the Actuary; provided that the only contribution 

required with respect to such Supplemental Allowances shall be 

the cumulative amount of such Supplemental Allowances paid to 

the date as of Which contributions are being determined less 

all prior contributions made with respect to Supplemental Allowances, if any. 

In determining the amount of the contributions required by this 

Article Three, Section 1, the Actuary shall also take into account 

contributions heretofore made to the Trust Fund under all Prior 

Agreements. 

2. Contribytjons Greater lDAo Mjnimym. Nothing herein shall be deemed 

to prevent the Company from making contributions toward the lump sum 

past service cost greater than those required under this Article 

Three, nor shall a greater contribution in any year be construed to 

reduce the maximum funding period established as provided above. 

Amounts contributed by the Company in any year in excess of the 

requirements of this Article Three, including contributions made 

prior to January 1, 1995, shall be credited against contributions 

required hereinunder in the subsequent year or years. 

3. lAx Deductibjlity Qf Contrjbytions. All of the foregoing is subject 

DTP009607 

Page 5 

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4. 

5. 

to the understanding that (a) the Company shall not be required in 

any year to make contributions in the amount which is greater than 

the amount which is deductible in that year in computing taxable 

income under the provisions of the Code, and (b) 'the Company shall 

not be obligated to make additional payments to the Trust Fund to 

make up deficiencies arising from depreciation in the value of the 

securities of the Trust Fund except as otherwise provided by the 

Supplemental Retirement Income Program Agreement between the Company and the Union of even date herewith. 

Statement Qy Actuary ~~. The Company will cause the Board to 

be furni shea annua 11 y with~ statement1 certi fi ed by the Actuary, that the aggregate amount of the contr butions made by the Company to the Trust Fund is not less than the amount required by this 

Agreement. The Company's obligation under this Article Three shall 

be deemed to have been completely discharged by the furnishing of 

such statement certified by the Actuary. 

Liability L1m~ted ~ ~ fund. By payment to the Trust Fund of 

the contr1but ons prov,aea in this Article Three, the Company shall 

be relieved of any further liability, and Retirement Benefits, including Supplemental Allowances, provided for under this Agreement shall be payable only from the Trust Fund except as otherwise 

provided by the Supplemental Retirement Income Program Agreement between the Company and the Union of even date herewith. 

ARTICLE FOUR 

ADMINISTRATION Qf IH£ eLAN 

1. Admjnjstration Qy ~ Company. Except as specifically provided otherwise in this Article Four, the administration of the provisions of the Plan shall be the sole responsibility of the Company. As 

administrator of the Plan, the Company shall: 

2. 

(a) Select the Trustee for the Trust Fund as provided for in 

Article Two. 

(b) Select the Actuary for the Plan. 

(c) Select an independent qualified public accountant to render, where required by regulation, their opinion of the financial 

statements and schedules included in the annual reports filed 

with federal agencies pursuant to Title I of ERISA. 

(d) Submit all reports and disclosures required by federal law to 

the appropriate regulatory agencies and participants, and 

concurrently submit the same to the Board. 

(e) Notify Participants annually of their Credited Service and 

Vested Service, and after any appeals to the Board have been 

resolved, record such Credited Service and/or Vested Service. 

(f) Arrange for payment of a Benefit to which Retired Employees and 

Eligible Spouses are determined to be entitled by the Board and 

other payments which may properly be paid from the Trust Fund 

under the terms of the Plan. 

(g) Maintain all records necessary for administration of the Plan. 

~. There shall be established a Board of Administration, three 

(3) members of wh i ch shall be emp 1 oyees of the company appo.i nted by the Company (hereinafter referred to as the Company members), and 

Page 6 DTP009608 

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three (3) members of which shall be Employees of the Company appointed by the Union (hereinafter referred to as the Union 

members), which Board shall administer the benefit structure of the 

Plan. An impartial chairman shall be selected by mutual agreement of the Company members and the Union members'of the Board. In the 

event of their inability to agree within a period of ten (10) days, the Board shall ask the American Arbitration Association to submit 

to the Board a list of five (5) nameS. The Union members of the 

Board shall first strike two (2) naines from the list and the Company members shall then strike two (2), names, leaving the remaining name 

as the impartial chairman. The impartial chairman shall vote at 

meetings of the Board only in the event of a deadlock. 

3. Remoyal. Either the Company or the Union at any time may remove a 

member appointed by it and may appoint a member to fill any vacancy 

among the members appointed by it. Both the company and the Union 

shall notify each other in writing of the members respectively appointed by them before any such appointments shall be effective. 

The impartial chairman shall serve until such time as he may be 

requested to resign by three (3) of the members of the Board. 

4. Powers gf ~ Board. The Board shall have the following powers in 

the application of this Agreement, but without adding to or amending 

same: 

(a) To prescribe procedures to be followed by participants in 

filing applications for a Benefit, and for the furnishing of 

evidence necessary to establish the rights of any Participant to a Benefit under the Plan, and to institute rules and 

procedures as may be necessary to administer any qualified domestic relations orders: 

(b) To make a determination as to rights of any Participant applying for a Benefit, and shall afford any'such individual or 

the Company dissatisfied with any such determination the right to a hearing thereon: 

(c) To develop procedures for the establishment of Credited Service 

for Participants and, after affording participants an 

opportunity to make objection with respect thereto, to 

establi sh such facts concl usivel y ; n advance of reti rement; 

(d) To receive ,from the Company, from the Union, and from 

participants such information as shall be necessary for the 

proper administration of the benefit structure of the Plan; 

(e) To prepare and distribute, in such manner as the Board 

determines to be appropriate, information explaining the Plan; 

(f) To furnish to the company, the Union, and'the Social Security Department of the International Union (UAW), upon request, such 

annual reports with respect to its administration of the Plan 

as are reasonable and appropriate: 

(g) To receive the certified statement of the Actuary as provided in Article Three; . 

(h) To receive and review annually a report of receipts, disbursements and aggregate assets of the Trust Fund from the Trustee 

(Which report shall inclUde a percentage breakdown of the 

assets classified by categories of investments) and actuarial 

valuations of the Plan by the Actuary (~hich report shall 

Page 7 

DTP009609 

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5. 

(i) 

(j) 

(k) 

include a statement of the assumptions used and a summary of 

the age, sex and service data on which it is based). Copies of 

such reports shall be sent to the Social Security Department of 

the International Union (UAW). 

To collect, receive, evaluate, analyze and prepare statistical 

data with respect to the administration of the Plan; 

In the event the Company does not furnish facilities satisfactorY to the Board, the Board shall maintain or arrange for 

such office space L equipment, services and other assistance as 

may be necessary tor the proper administration of the Plan, with due regard to economical administration of the Plan; and 

to authorize payment by the Trustee from the Trust Fund of 

expenses necessary for the proper administration of the Plan; and 

In the event a payment or payments hereunder are due to a 

Retired Employee or a Surviving Eligible Spouse and unpaid at 

the time of the Retired Employee's death or the Surviving Eligible Spouse's death, the Board may determine that said 

payments shall be made either to the spouse, a child or 

children, a parent or parents, a brother or brothers, or a 

sister or sisters of the deceased Retired Employee or Surviving Eligible Spouse, or to the estate of the decedent, and may 

cause payments to be made to such person so determined or to 

the decedent's estate. Any such payment shall be a payment for 

the account of the Retired Employee or the Surviving Eligible Spouse and shall operate as a complete discharge of the Board, the Company, the Union and the Trustee, of any liability therefor. 

AP~lic,tioo§, Notice AnQ Apoeal. The PartiCipant or the Surviving Ellgib e Spouse of the-deceased Participant, shall file his 

application for a Benefit with the Human Resources Department or 

other designated department or employee of the Company, or at such 

other place as may be designated by the Board, which application shall be transmitted with pertinent data bearing on the applicant's eligibility to the Board for action at its next regular monthly meeting. The Board shall act upon the application promptly and 

shall notify the applicant and the Company whether or not, on the 

basis of the information submitted, the applicant is eligible under 

the Plan, and, if so, the amount of the Benefit. Upon approval of 

the application, the Board shall direct the Trustee to make payments from the Trust Fund. NO such payment shall be made until authorized 

by the Board, but payments shall be retroactive to the date the 

Benefit was first payable under Article Eight. 

If the Board denies any application for a Benefit, in whole or in 

part, it shall notify the applicant in writing of such denial and of 

the right to a review by the Board and shall set forth in a manner 

calculated to be understood by the applicant specific reasons for 

such denial and references to Plan provisions on which the denial is 

based, a description of any additional material or information 

necessary for the applicant to perfect his application and an 

explanation of why such material or information is necessary. 

Any person, or his duly authorized representative, whose application for a Benefit is denied in whole or in part, may appeal from such 

denial to the Board for a reView of the decision by submitting to 

the Board within sixty (60) days after receiving written notice from 

the Board of the denial of his claim a written statement: 

Page a DTP009610 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 29 of 75 Pg ID 5681
6. 

7. 

8. 

(a) 

(b) 

Requesting a review of the application for a Benefit by the 

Board, and 

Setting forth all of the grounds upon which the request for 

review is based, any facts in support thereof and any issues or 

comments which he deems relevant to the application. 

The Board shall make a full and fair review of each such appli- cation and any written materials submitted by the applicant or the 

Company in connection therewith and may require the company or ·the 

applicant to submit within thirty (30) days of written notice by the 

Board therefor, such additional facts, documents or other evidence 

as the Board reasonably requests in order to make such a review. On 

the basis of its review, the Board shall make a determination of the 

applicant's eligibility for a Benefit under the Plan. The Board 

shall act upon each such submission within sixty (60) days after the 

later of the receipt of the applicant's request for review or 

receipt of any additional materials reasonably requested by the 

Board from such applicant. . 

Meetings. The Board shall meet once each month, or more often if 

the Board deems it necessary, and to constitute a quorum for the 

transaction of business there shall be required to be present at any meeting of the Board at least two (2) Union members and two (2) Company members. At all meetings of the Board the Company members 

shall have a total of three (3) votes and the Union members shall 

have a total of three (3) votes, the vote of any absent members 

being divided equally between the members present appointed by the 

same party. Decisions of the Board shall be by a majority of the 

votes cast and shall be final and binding upon the Company, the 

Union, and the Employee involved. 

Rel~ance Qn Information. The Board and any member thereof shall be 

ent tled to rely upon the correctness of any information furnished 

by the Union, the company, or the Participant. Neither the Board nor 

any of its members, nor the Union, nor any officer or any· other 

representative of the Union, nor the Company, nor any officer or 

other representative of the Company, shall be liable because of any act or failure to act on the part of the Board, or any of its 

members, to any person whatsoever, except that nothing herein shall 

be deemed to relieve any such individual from liability for his own 

fraud or bad faith. 

comp3nsation. The Company members and the Union members of the 

Boar shall serve without compensation from the Trust Fund. The Co~~any and the Union each shall be responsible for the expenses of 

any expert or advisor selected by its members but not by the Board 

as such. 

Page 9 DTP009611 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 30 of 75 Pg ID 5682
9. 

I • 

Ljmit Qi Board powea

. The Board shall have no power to add to or to 

subtract from or mo ify any of the terms of this Aqreement or Plan, 

nor to change or add to any benefit provided by thls Agreement or 

Plan, nor to waive or fail to apply any requirement of eligibility for a Benefit under this Agreement or Plan. 

Any case referred to the Board on which it has no power to rule 

sha 11 be referred back to the parties wi thout ru 1 i ng. 

No ruling or deciSion of the Board in one case shall create a basis 

for a retroactive adjustment in any other case prior to the date of 

written filing of each speoifio claim. 

The Board will aocept as conclusive and final any determination made 

under the Collective Bargaining Agreement hereinbefore referred to 

or any subsequent collective bargaininq agreement on any matter for 

which the terms of such agreement prov1de a means of determination. 

ARTICLE· FIVE 

CREDITING QE SERVICE 

fru!.t Servicf!. (a)--~ Service ~ Credited prior ~ March 1. ~ 

A Participant s Past Service shall be computed to the nearest 

one-twelfth (1/12) year and shall be credited at the rate of one 

(1) year for each year of seniority which the Partioipant held 

on October 1, 1950, excluding any years or portions thereof of 

seniority whioh have been granted because of military service 

prior to employment by the Company. When the Partioipant's actual service with the Company is greater than his seniority, such actual service record shall be used on a calendar year basis, provided that if the Participant was out of the employ of 

the Company for one (1) or more periods of two (2) years or 

more, only service following the most recent of such periods shall be counted. 

(b) ~ Servjce A2 Credjted QO QC after March 1. ~ 

A Participant's Past Service shall be computed to the nearest 

one-twelfth (1/12) year and shall be credited as follows: 

(i) Past Service as described in Subsection 1 (a) above, plus 

( i i ) El·apsed time actually worked (including authorized leaves 

of absence due to sickness or accident and authorized 

leave of absence for military service if the Participant returns to active employment within ninety (90) days of 

discharge from military service) for periods of employment prior to October 1, 1950, not previously credited. Any other time during Which such Participant was employed by the Company (including, but not limited to, layoff and 

leaves of absence other than for sickness, accident, or 

military service) shall not be counted. 

In computing additional Past Service under this Subsection 1(b) each period of employment shall be considered separately and 

such service oomputed to the nearest one-twelfth (1/12) year for 

each period. For a PartiCipant with seniority on March " 1974, application for additional Past Service must be made within 

ninety (90) days of April 22, 1974, and for a Participant hired 

after March 1, 1974, within thirty (30) days of hire; otherwise 

no additional Past Service credit .under this Subsection 1(b) 

Page 10 DTP009612 

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will be granted at any time. 

Except as provided in Article Five, section 7,a supervisor or any other employee transferred into the Bargaining Unit from other 

employment by the Company, shall receive credit for Past Service to 

the nearest quarter year as though the seniority rules referred. to 

above were applied to his entire service with the Company. 

2. Futyre SerVice. 

(a) On or after October 1, 1960, a Participant shall be credited 

with one (1) year of Future Service for every P1an Year 

in which he receives pay from the Company for working 1,600 or 

more hours. For a Plan Year in which he receives pay for 

working less than 1,600 hours, he may count such part of the 

year as the number of hours of work for which he receives pay in that year bears to 1,600, each hour in any year to count 

only once, although he may receive more than straight time pay for it. For the purpose of this Subsection 2 (a), pay includes 

straight time holiday pay and vacation bonus pay. For the 

purpose of the allowance of credit only under this Section 2, a 

holiday for which pay is received for eight (8) hours shall be 

deemed to be worked at eight (8) hours. Vacations shall be 

deemed to be worked in the amount of forty (40) hours for 

Participants with more than one (1) but less than three (3) 

years seniority; sixty (60) hours for Participants with more 

than three (3) but less than five (6) years seniority; eighty (80) hours for Participants with more than five (5) but less 

than ten (10) years seniority; one hundred (100) hours for 

Participants with more than ten (10) but less than fifteen (15) 

years seniority; one hundred twenty (120) hours for 

Participants with fifteen (15) years but less than twenty (20) 

years of seniority; and, for Participants with twenty (20) or 

more years of seniority, one hundred twenty (120) hours for the 

years prior to 1973 and one hundred forty (140) hours for the 

year 1973 and thereafter. 

On and after January 1, 1976, to the extent that Future Service 

is not otherwise given for hours under this Section 2, Future Service shall be given for: 

(;) Each hour for which a Participant is directly or 

indirectly paid or entitled to payment by the Company for 

the performance of duties. These hours shall be credited 

to the Participant for the computation period or periods in which the duties are performed. 

(ii) Each hour for which a Participant is directly or 

indirectly paid or entitled to payment by the Company for. 

reasons other than for the performance of duties. These 

hours shall be credited to the participant for the 

computation period or periods in which payment is made or 

amounts Which are payable to the Participant become due. 

No more than 501 hours shall be credited under this 

provision (1i) for any continuous period of 

nonperformance of dut i es .. 

(iii) Each hour for which back pay, irrespective of mitigation of damage, has been either awarded or agreed to by the 

Company. These hours shall be credited to the 

Participant for the computation period or periods to 

which the award or agreement pertains rather than the 

computation period in· which the award, agreement, or 

Page 11 DTP009613 

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(b) 

(c) 

(d) 

(e) 

payment was made. 

(iv) Effective as of March 12, 1995. each hour for which a 

Participant is on leave under the Family and Medical 

Leave Act of 1993 (not to exceed eight (8) hours for any scheduled work day or forty (40) hours per week during such period of leave)' provided however, that if such 

leave is unpaid, credit for Future Service will be given only if the Par~1cipant returns to active employment with the Company at the conclusion of the leave. 

For the period from October 1, 1950, to December 31, 1950, the 

Participant may count each one hundred thirty-three (133) hours 

for which he received pay from the Company for workin~ as one 

(1) month of Future Service and the remaining hours, ,f more 

than sixty-six (66), shall count as one (1) month of Future 

Service, but in no event may he count more than the total 

number of months from October 1, 1950, to December 31, 1950 as 

Future Service. 

Credit'towards Future Service after January 1, 1951, will be 

computed to the nearest full month. For the period beginning with January 1st in every Plan Year in which hours for which 

the Participant has received pay within the year as defined in 

this Section 2 are less than one thousand six hundred (1,600), 

everyone hundred thirty-three (133) hours shall count as a 

month of Future Service, and the remaining hours, if sixty-six (66) or more, shall count as another month of Future Service, and if less than sixty-six (66) shall not count. 

A partiCipant who may be absent from his work pursuant to leave 

of absence approved by the Company for i.1lness and who otherwise has been scheduled to work. shall receive credit for 

Future Service (not to exceed his total years or portion thereof of seniority at the time of such leave, if such leave 

commencee after April 1, 1983) at the rate of forty (40) hours 

per week during such period of leave. A Participant who may be 

absent from his work for Local 287 business, or to serve as an 

International Representative of the Union (this provision limited to three (3) International Representatives at anyone (1) time) and who would otherwise have been scheduled to work, shall receive credit toward Future Service at the rate of forty (40) hours per week during such periods of leave, except that 

with respect to the period commencing on or after November 1, 1961, a Participant who is on such leave for Local 287 business 

or to serve as an International Representative of the Union 

shall rec,eive credit toward Future Service at the rate of forty (40) hours per each complete week that he is on such leave. 

A Participant who on or after January 1, 1968, shall be absent 

during any Plan Year from his work because of layoff shall 

receive credit for Future Service at the rate of forty (40) hours per week during the Plan Year in which the layoff occurred provided that such Participant during such Plan Year 

shall have received pay for at least one hundred seventy (170) hours of work; and provided further, that if such layoff commenced in 1974 or any Plan Year thereafter and continues 

after the Plan Year in which it commenced, the Participant (including a participant who receives pay for 1,600 or more 

hours in 1974 or any Plan Year thereafter if he is absent from 

work due to layoff at the end of any such Plan Year) may count 

forty (40) hours for each complete calendar week of absence 

Page 12 DTP009614 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 33 of 75 Pg ID 5685
(f) 

from work due to layoff in the Plan Year after such commencing 

year, not to exceed 1,430 hours that he may count for a11 such 

absence related to receipt of such pay from the company 1n such 

commencing year. In no event shall the provisions of this 

Section 2 result i.n a duplication of Future Service under any other provision of this Article Five. 

A Participant who was active on January 1, 1971, and who had at 

least five (5) years of seniority on January 1, 1968, and who 

was absent from work because of layoff during any Plan Year 

after December 31, 1955 and-before January 1, 1963, shall 

receive credit for Future Service, for each complete calendar 

week of such absence during which he had seniority, with a 

number of hours computed by multiplying forty (40) hours by the 

applicable percentage determined with reference to his 

seniority on January 1, 1968, pursuant to the following table: 

Partjcjpant's Seniority QO 

Janyary .L. UM. 

20 or more years 15 years but- less than 20 years 10 years but less than 15 years 5 years but less than 10 years 

Percent 

100 

75 

50 

25 

provided, however, that the foregoing shall apply only if (i) the Participant shall have made proper application for 

adjustment of his Future Service in accordance with the 

foregoing, (ii) he shall have been credited with not more than 

one thousand six hundred (1,600) hours in any Plan Year with 

respect to which adjustment is to be made, and (iii) that there 

shall be no duplication of Future Service by virtue of the 

application of the provisions of this section 2. 

If a Participant who was active on January 1, 1971 had at least 

five (5) years of seniority on April 1, 1980, then the 

application of the table set forth in this Subsection 2 (f) shall be extended to January 1, 1968, and the percent in the 

table shall be 100 for all of the seniority classes shown 

subject to all other conditions of Subsection 2 (f). 

(g) A Participant who was active and who had at least five (6) 

years of seniority on March 1. 1974. and who was absent from 

work because of layoff during any Plan Year after December 31, 1960 and before January 1, 1956, shall receive credit for 

Future Service. for each complete calendar week of such absence' 

during which he had seniority. with a number of hours computed by multiplying forty (40) hours by the applicable percentage determined with reference to his seniority on March 1, 1974, 

pursuant to the following table: 

P~C:tj~jp~D:t'!l! §§!D j s;!!: j:t:r: .QJl 

Mar c h .L. .1.llll P§!C~!i!D:t 

20 years or more 100 

15 years but less than 20 years 76 

10 years but less than 15 years 50 

5 years but less than 10 years 25 

provided, however. that the foregoing shall apply only if (i) the Participant shall have made proper application for 

adjustment of his Future Service in accordance with the 

foregoing, (ii) he shall have been credited with not more than 

Page 13 DTP009615 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 34 of 75 Pg ID 5686
one thousand six hundred (1,600) hours in any Plan Year with 

respect to Which adjustment is to be made, and (iii) that there 

shall be no duplication of Future Service by virtue of the 

applioation of the provisions of this Seotion 2. 

If a Partioipant was aotive on or after March 6, 1977 and 

otherwise met the conditions of this Subsection 2 (g), the 

.percent in the above table shall be 100 for all of the 

seniority classes shown, subject to all other conditions of 

Subsection 2 (g). 

(h) A Participant who was active and who had at least five (5) 

years of seniority as of September 8, 1986 and who held 

seniority between January 1, 1968 and December 31, 1972, and 

who was absent from work because of layoff during any Plan Year 

after December 31, 1967 and before January 1, 1973, shall 

reoeive credit for Future service, for each complete calendar 

week of such absence during which he had seniority, with a 

number of hours computed by multiplying forty (40) hours by the 

app1ioab1e percentage determined with reference to his 

seniority on Septemb~r 8, 1986, pursuant to the following table: 

Participant's Seniority ~ 

September ~ ~ 

20 years or more 

15 years but less than 20 years 10 years but less than 15 years 5 years but less than 10 years 

Percent 

100 

75 

50 

25 

provided l however, that the foregoing shall apply only if (i) the Part1cipant shall have made proper application for 

adjustment of his Future Service in acoordanoe with the 

foregoing, (ii) he shall have been credited with not more than 

one thousand six hundred (1,600) hours in any Plan Year with 

respect to which adjustment is to be made, and (iii) that there 

shall be no dup1ioation of Future Servioe by virtue of the 

applioation of the provisions of this Section 2. 

(i) A Partioipant who was active and who had at least five (5) 

years of seniority as of Deoember 1, 1989 and who held 

seniority between Januar~ 1, 1973 and December 31, 1977 1 and 

who was absent from work beoause of layoff during any Plan Year 

after December 31, 1972 and before January 1, 1978, shall 

receive oredit for Future Service, for each complete calendar 

week of such absence during which he had seniority, with a 

number of hours computed by multiplying forty (40) hours by the 

applicable percentage determined with reference to his 

seniority on December 1, 1989 pursuant to the following table: 

Part;cipant's Senjority QD 

December ~ ~ 

20 years or more 

15 years but less than 20 years 10 years but less than 15 years 5 years but less than 10 years 

Percent 

100 

75 

50 

25 

provided, however, that the foregoing shall apply only if (i) the Participant shall have made proper application for 

adjustment of his Future Service in accordance with the 

forego; ng ,. (i 1) he shall have been cre·di ted with not more than 

one thousand six'hundred (1,600) hours ;n any plan Year· with 

Page 14 DTP009616 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 35 of 75 Pg ID 5687
(j) 

respect to which adjustment is to be made, and (iii) that there 

shall be no duplication of Future Service by. virtue of the 

application of the provisions of this Section 2. 

A Participant who wae active and who had at least five (5) 

years of seniority as of March 12, 1995 and who held seniority between January 1, 1978 and December 31, 1997, and who was 

absent from work beoause of layoff during any Plan Year after 

December 31, 1977 and before January 1, 1988, shall receive 

credit for Future Service, for each oomplete calendar week of 

such absence during which he had seniority, with a number of 

hours oomputed by multiplyin~ forty (40) hours by the 

applicable percentage determlned with reference to his 

seniority on March 12, 1995 pursuant to the following table: 

partigipant's Saniority 2Q 

Ha rOh .l.2... .1.iU 

20 years or more 

15 years but less than 20 years 10 years but less than 15 years 5 years but less than 10 years 

percent 100 

75 

50 

25 

provided, however, that the foregoing shall apply only if (i) the Participant shall have made proper application for 

adjustment of his Future servioe in accordance with the 

foregoing, (ii) he shall have been credited with not more than 

one thousand six hundred (1,600) hours in any Plan Year with 

respect to which adjustment is to be made, and (iii) that there 

shall be no duplication of Future Service by virtue of the 

application of the provisions of this Section 2. 

(k) Except as provided in Article Five, Section 7, a supervisor or 

any other employee transferred into the Bargaining Unit from 

other employment by the Company, shall receive credit for 

Future Service in accordance with the provisions of this 

Section 2 in the same manner as though the entire time was 

worked in the Bargaining Unit. 

(1) A Participant who after October 1, 1950, is absent from his 

work pursuant to leave of absence, approved by the Company, for 

military service and who during such absence retains 

reemployment rights under the prOVisions of the Selective 

Service Act, as amended, and who while he retains such 

reemployment rights returns to work for the Company or reports to the Company and is giVen leave of absence or layoff status, sha 1.1 be credi ted wi th Future Servi ce at the rate of forty (40) hours per week fo·r the period of such absence. 

Notwithstandi n9 the foregoi ng, in no event wi 11 the operati on of 

this Section 2 result in a duplication of Credited Service for the 

same hours. 

3. Vested Service. A Participant shall be credited with one year of 

Vested Service for each year of Credited Service prior to January 1, 1976, and for each Plan Year commencing on or after January 1, 1976, in which he has 1,000 or more hours of Future Service as defined in 

Article Five, Section 2.for which allowance of credit ;s given, up to a maximum of Five (5) years of Vested Service. 

On and after January 1, 1987, hours for the purpose of Vested 

Service shall include each hour of maternity or paternity leave of 

absence at. the rate of forty (40) hours per week of such 1 eave. 

Page 15 DTP009617 

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4. 

Such hours shall be credited in the year the leave begins, if' 

necessary to prevent a Break in Service, otherwise in the year next 

following. Hours of leave in excess of five hundred one (501) may be disregarded for anyone period of leave. For purposes of this 

Plan, "maternity or paternity leave" means termination of employment 

or absence from work due to the pregnancy of the Participant, the 

birth of a chi.ld of the Participant, the placement of a child in 

connection with the adoption of a child by a Participant, or the 

caring for a Participant's child dUring the period immediately following the child's birth or placement for adoption. The company shall determine, under rules of uniform application and based on 

information provided to the Company by the Participant, whether or 

not the Participant's termination of employment or absence from work 

is due to "maternity or paternity leave," 

~ gf Cr~dited Service. After October 1, 1950, a Participant snaTl, sUbJect to the provisions of the Plan, lose all Credited 

Service for the purpose of this Plan: 

(a) 

(b) 

(c) 

If the Participant quits; or 

If the Participant is discharged; or 

If the Participant's seniority is broken for any other reason, provided that, any Participant, retired under the Disability Retirement provisions of this or Prior Agreements and who is 

subsequently re-employed by the Company and has his seniority reinstated, shall, have his Credited Service at the time of the 

Disability Retirement reinstated. 

Any former Participant, who on termination of his employment becomes 

entitled to a Deferred Vested Retirement Benefit and who is 

subsequently rehired by the Company, shall not be credited with 

any further Credited Service under the Plan for any period of 

employment with the Company after his rehire date and shall not 

be eligible during the period to receive the Deferred Vested 

Retirement Benefit that he was entitled to at the time of his 

initial termination. 

Any Participant with seniority on or after March 1, 1974, whose 

seniority was broken on or after October 1, 1950, and before 

January 1, 1976, thereby losing his Credited Service pursuant to this Section 4, shall upon making proper application, have 

such Credited Service reinstated. For Participants with 

seniority on March 1, 1974, application must be made within 

ninety (90) days of April 22, 1974. For other participants, application must be made within thirty (30) days of hire. 

On and after January 1, 1976 if an event specified in (a), (b), or 

(e) above occurs and the Participant completes less than 500 

hours for which allowance of credit for purposes of Vested 

Service is given in that Plan Year, then that Plan Year and 

subsequent Plan Years during which such participant has less 

than 500 hours for which allowance of credit is given shall 

each constitute a one year Break in Service. Upon incurring a 

Break in Service, a Participant's rights and benefits under the 

Plan shall be determined in accordance with Credited Service 

and Vested Service at the time of Break in Service. For a 

former Employee who, at the time of a Break in Service, has not 

become entitled to a Deferred Vested Retirement Benefit, years of pre-break Credited and Vested Service shall be restored only if the number of consecutive years of Break in Service was less 

Page 16 DTP009618 

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than the greater of five (5) years or the aggregate number of 

years of pre-break Vested Service. 

5. Replacement ~ Credited Seryice !2t Employees B~bir§d Pyr§yant ~ 

~ February ~ ~ Agreement. An Employee.re tred pursuant to the 

Agreement between the Company and the Union dated February 14, 1994 . (the" February 1994 Agreement") who had credited Service under the 

Plan at the time of his prior termination from the employment of the 

company and who was in active employment with the Company on the 

Effective Date shall receive a contribution to his account in the 

Muncie RSP, pursuant to the terms of the Muncie RSP, for such years of Credited Service under the Plan. Effective at the time that the 

contribution is made to the Muncie RSP, the second and third 

sentence of paragraph 6 of the February 1994 Agreement shall be null 

and VOid, such Employee will forfeit hie credited Service under the 

Plan and, notwithstanding any other provision of the Plan, such 

employee will no longer be entitled to a Benefit under the Plan. 

6. Notic~ ~ Credited §eryice ~·yested Service. Once each year the 

Board shall inform each Participant in writing of the Future Service 

and Vested Service he accumulated for the preceding year. His total 

Credited Service and Vested Service to date shall also be shown. 

Credited Service and Vested Service shown in any notice given by the 

Board to a Participant (whether heretofore or hereafter) shall be 

conclusively deemed to be correct and final, and no contrary claim 

concerning it may be raised, unless the Participant files or has 

filed objection with the Board, in writing, within sixty (60) days following the first receipt of notice of such accumulated Credited 

Service and vested Service. This sixty (60) day period may be 

extended by the Board at its discretion within such sixty (60) day period. 

7. service 10 Controlled Group. A Participant who has been employed on 

and after January 1, 1976 by an Affiliate shall receive credit 

towards Vested Service for service with such Affiliate on or after 

January 1, 1976 as if it were service with the Company. 

6. Non-DUplication Qf Credited Service. Except for the provisions of 

Section 9 of Article Five, any Participant transferred to or from 

the Bargaining Unit shall not receive a duplication of Credited 

Service under this Article Five for service under the Borg-Warner Retirement Savings Plan (the "Retirement Savings Plan") or any other 

retirement plan (including any defined benefit plan or defined 

contribution plan) of the Company or an Affiliate where; 

(a) the Participant has received, is receiving, is eligible to 

receive or may become eligible to receive a lump sum 

distribution from the Retirement Savings Plan or any other 

retirement plan of the Company or an Affiliate except for a lump 

sum distribution under the Borg-Warner Automotive Diversified 

Transmission Products corporation, Muncie Plant Local 287 

Retirement Investment Plan; or 

(b) the Participant has received, is receiving, is eligible to 

receive or may become eligible to receive an annuity benefit 

from any other retirement plan of the Company or an Affiliate, 

except for a benefit under the Borg-Warner Automotive 

Diversified Transmission Products corporation, Muncie Plant 

Local 287 Retirement Investment Plan; or 

(c) the Company or the Affiliate made a contribution on behalf of 

the Participant for the same period of service to the Retirement 

Page 17 DTP009619 

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Savings Plan or any other defined contribution retirement plan of the Company or an Affiliate, except for a benefit under the 

Borg-Warner Automotive Diversified Transmission Products 

Corporation, Muncie Plant Local 287 Retirement Investment Savings Plan. 

9. Retyrn ~ Bargaining Unit £cQm Supervisory Posit jon, Any Participant who 

(a) transferred from the Bargaini~g Unit to a Supervisory position with the Company, and 

(b) returns to the Bargaining Unit "during the term of this Agreement 

pursuant to the provisions of the Collective Bargaining Agreement, 

shall resume participation in the Plan as of the date of such 

return. The Participant shall be credited with Credited Service for 

the period of time he was a participant in the Retirement Savings Plan only if within thirty (30) days prior to his date of retirement 

he elects either to: 

(y) receive his Retirement Benefit under the Plan and forfeit the 

Vested Portion of his Company Retirement Account under the 

Retirement Savings Plan, or 

(z) receive his Retirement Benefit under the Plan reduced by the actuarial equivalent benefit amount of the Vested Portion of 

his Company Retirement Account under the Retirement Savings Plan 

(as determined by an actuary selected by the Plan Administrator 

of the Retirement Savings Plan), and receive the vested Portion 

of his Company Retirement Account under the Retirement Savings Plan. 

ARTICLE SIX 

ELIGIBILITY 

1. Normal Retjr~ment. Each Participant hired prior to age sixty (60) who has atta1ned the age of sixty-five (65) on or after the" 

Effective Date "and whose employment with the Company is thereafter 

terminated, shall be eligible for a Normal Retirement Benefit as 

provided in Article Seven. Each Participant hired after January 1, 1988 who was age sixty (80) or over at the time of his/her hire and 

who attains the age of sixty-fiVe (65) and reaches the fifth 

anniversary of the date on which his participation commenced shall 

be eligible for a Normal Retirement Benefit as provided in Article 

Seven. 

2. Early Retirement Regylae. Each Participant whose employment with the 

Company is terminated on or after the Effective Date under anyone of the following conditions: 

(a) Has ten (10) years or more of Credited Service and has 

attained the age of sixty (60) but not sixty-five (65), or 

( b) 

(c) 

Has attained the age of fifty-five (55), but not sixty (60), and when his combined years of age and years of Credited 

Service (to the nearest one-twelfth (1/12) in each case) shall 

total eighty-five (85) or more, or 

Has thirty (30) years or more of Credited Service. 

and whose termination of employment shall not constitute a Special Early Retirement under Article Six, Section 3, or a Disability 

Page 18 DTP009620 

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Retirement under Article Six, Section 4 shall be eligible for 

the Early Retirement Regular Benefit as provided in Article 

Seven, Section 2. 

3. Special Earl~ Ritirement. 

(a) A Participant with ten (10) or more years of Credited Service 

who has attained the age of fifty-five (55) but not sixty-five (65) and who is unable to work efficiently by reason of a 

permanent disability is eligible for a Special Early Retirement 

Benefit as provided in Article Seven, Section 3, provided that 

on or after the Effective Date, such retirement, after due" 

consideration is given to the obligations of the Americans with 

Disabilities Act of 1990,is under mutually satisfactory conditions acceptable to the Participant, the Company, and the 

Union; provided however, that a Participant discharged for 

cause prior to age sixty-five (65) shall not be entitled to a 

Special Early Retirement Benefit but shall only be entitled to 

a Benefit under Article Seven, Section 2 if such partiCipant otherwise meets the eligibility requirements of such Section 2. 

(b) Such Special Early Retirement must be in the best interests of 

the Company and intended to benefit a Participant who is unable 

to work efficiently by reason of permanent disability. Any of 

the following situations (the listing of which should not be 

considered as excluding other situations not enumerated) " 

generally will result in Special Early Retirement for the 

participant: 

(i) The Participant is no longer physically or mentally capable of performing his work in an efficient and 

satisfactory manner. 

(ii) The Participant, though still capable of performing his 

work satisfactorily, is prevented by chronic physical illness or physical disability (less than total) from 

working regularly to the extent that the efficiency of 

operation is interfered with. 

(iii) The Participant's condition, based on medical evidence 

satisfactory to the Company, is such that, although able 

to perform the duties of his job efficiently and 

satisfactorily, he would thereby be jeopardizing his 

health or that of fellow Participants or Employees. 

(iv) The Participant is on disability leave or ie laid off 

because he is unable to do the work offered by the Company efficiently and satisfactorily although able to perform effiCiently and satisfactorily other work in the plant to 

which he would have been entitled if he had had SUfficient 

seniority, and his condition, based on medical evidence 

satisfactory to the Company, is expected to be continuous 

until his normal retirement age. 

Page 19 DTP009621 

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4. 

5. 

6. 

7. 

DjsabiJj~y Retiremenj' Each Participant whose employment with the 

Company 1S terminate on or after the· Effective Date, with ten (10) 

years or more Credited Service who is Totally and Permanently Disabled and who retires by reason of such disability prior to 

attainment of age sixty-five (66) shall be eligible for a Disability Retirement Benefit as provided in Article Seven, Section 4. 

Deferred Vested Retirement. Each Participant with ten (10) years or 

more of Credited Service or five years of Vested Service whose 

employment is terminated on or after the Effective Date and who is 

not eligible for or receiving any other type of Benefit 'under this 

Plan, shall be eligible for a Deferred Vested Retirement Benefit as 

provided in Article Seven, Section 5. 

Electjon ~ be lome ~ Part1cipant in ~ Myncje ~ Notwithstanding anything else n this Art cle S x, any Participant, who was 

(a) employed by the Company in the Bargaining Unit on September 7, 

1989, 

(b) employed by the Company in the Bargaining Unit on December 31, 

1990, and 

(c) not eligible on December 31, 1990 under Article Six of the 

Plan for a Normal Retirement Benefit or an Early Retirement 

Regular Benefit, 

may elect to become a Participant in the Muncie RSP on January 1, 

1991 pursuant to a written election (on the appropriate form 

provided by the Company) prior to the deadline for such an election 

as established by the Company. If a participsllt does not elect to 

participate in the Muncie RSP effeccive January 1, 1991, the 

Participant may make this election effective as of any succeeding January 1 pursuant to the written election procedures established in 

tha Muncie RSP. If the Participant elects to participate in the 

Muncie RSP, the Participant's Accrued Benefit under this Plan shall 

be frozen pursuant to Article Seven, Section 8 and the Participant shall not be credited with any further Credited Service under this 

Plan. 

HQ E~i9jbilitv after SePte~ber ~ 1989. An Employee who: 

(a who was not employe by the Company in the Bargaining Unit 

on September 7, 1989 or 

(b) who is hired for employment with the Company in the 

Bargaining Unit on September 7, 1989, or thereafter, or 

(c) 

shall 

was (i) employed by the Company in the Bargaining Unit on 

September 7, 1989, (ii) terminated his employment with the 

Company on or after September 7, 1989, and (iii) was 

rehired by the company thereafter, 

not be eligible to partiCipate in this Plan. 

ARTICLE SEVEN 

RETIREMENT BENEFITS 

1. Normal Retirement Ben~fit. From and after the Effective Date, the 

Normal Retirement Benefit of a Participant eligible therefor under 

Article Six, Section 1, and who has applied therefor, shall be a 

monthly amount equal to the number of his years of Credited Service 

multiplied by the applicable rate from the following table: 

Page 20 DTP009622 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 41 of 75 Pg ID 5693
l2il.t.!l .Qf. Ret; rement 

March 12. 1996 through March 31. 1996 

April 1, 1996 through March 31, 1991 

April 1, 1991. and after 

less Other Benefits, if any. 

B.a.t.ft 

$24.00 * 

26.00 * 

26.60 * 

* Prorated for Credited Service of less than one (1) year in 

accordance with table A attached hereto 

2. Early Retirement Regular Benefit. From and· after the Effective Date, the Early Retirement Regular Benefit of a Participant eligible therefor under Article Six. Section 2. and who has applied therefor, shall be a monthly amount which shall be determined in accordance 

with the prOVisions of Article Seven. Section 1. reduced in 

accordance with the table set forth below, less Other Benefits, if 

any: Age When 

Pension Commences 

47 

48 

49 

50 

61 

62 

63 

64 

56 

56 

67 

68 

59 

60 

61 

62 or over 

percent.ages * 

30.4% 

32.8 

36.4 

38.3 

41.5 

46.0 

48.9 

53.2 

57.9 

63.6 

69.4 

75.2 

80.8 

86.7 

93.3 

100.00 

*Prorated for intermediate ages computed on the basis of the number 

of complete calendar months by which the Participant is under the 

age he will attain at his next birthday. 

If a Participant. with thirty (30) or more years of Credited Service 

or whose combined years of age and years of Credited Service (to the 

nearest one-twelfth (1/12) in each case) total eighty-five (85) or 

more, retires at his option on or after the Effective Date, the 

Benefit otherwise payable to him after age sixty-two (62) and one 

(1) month shall be redetermined on the basis of an unreduced 

benefit in accordance with Article Seven, Section 1, based upon his 

Credited Service and the provisions of the Plan in effect at the 

time of his retirement from the Company. 

3. Specjal Early Retirement Benefit. From and after the EffectiVe 

Date, the Early Retirement Benefit of a Participant eligible therefor under Article Six, Section 3, by reason of retirement 

because of mutually satisfactory conditions between the ages of 

fifty-five (55) and sixty-five (65), and who has applied therefor. 

shall be a monthly amount conSisting of: 

(a) An amount determined in accordance with Article Seven, Section 1, plus 

DTP009623 

Page 21 

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(b) A Temporary Benefit equal to his number of years of Credited 

Service mUltiplied by the applicable rate from the following table: 

~ Qf Retirement 

March 12, 1996, and after 

less Other Benefits, if any. 

RlU& $22.00 

Maximum 

Benefit 

$660.00 

The Temporary Benefit determined in accordance with this Article 

Seven, Subseotion 3 (b) shall be payable until age sixty-two (62) and one (1) month (the Temporary Benefit for a Partioipant born 

after 1937 who retires on or after the Effeotive Date - for whom the 

80% level Social Security Benefit date is beyond aSe 62 and one 

month - will terminate acoording to the Social Security sohedule·set 

forth in Artio1e Nine, Seotion 2 (a) (the "Post 1937 Sooial Seourity Sohedule"» or until the age at which the Participant beoomes or 

could have become eligible for an Unreduced Sooial Seourity Benefit 

for age or disability, whiohever is the earlier 

If the Retired Employee elects to draw his Social Security Benefit 

earlier than the aSe, applioable to such Retired Employee, set forth 

in the Post 1937 Social Security Schedule, the Temporary Benefit 

terminates at that time. Also, if the Retired Employee fails to 

notify the Pension Board of suoh early eleotion, the exoess payments 

are subjeot to the "penalty provisions" of Article Nine. Section 4. 

4. Disability Retirement Benefit. From and after the Effective Date, 

the Disability Retirement Benefit of a Partioipant eligible therefor 

under Article Six, Section 4, and who has applied therefor. shall be 

a monthly amount consisting of: 

(8) An amount determined in accordance with Artiole Seven, Section 

1. plus 

(b) A Temporary Benefit equal to his number of years of Credited 

Service multiplied by the applicable rate from the following table: 

Date Q! Retirement 

March 12, 1996, and after 

leS9 Other Benefits, if any. 

~ $22.00 

Maximum 

Benefit 

$660.00 

The Temporary Benefit determined in accordance with this 

Article Seven, Section 4, shall be payable until age sixty-two (62) and one month (the Temporary Benefit for a Partioipant born after 1937 who retires on or after the Effeotive Date - for whom the 80% level Sooial Security Benefit date is beyond 

age 62 and one month -will terminate aooording to the Post 1937 

Social Security Schedule) or until the age at which the Retired 

Employee becomes or could have become eligible for an Unreduoed . Social Security Benefit for age or disability, whichever is the 

earlier. 

If the Retired Employee elects to draw his Sooial Security Benefit earlier than the age, applicable to suoh Retired 

Employee, set forth in the Post 1937 Social Security Sohedule, the Temporary Benefit terminates at that time. Also, if the 

Retired Employee fails to notify the Pension Board of such 

early eleotion, the excess payments are subject to the "penalty provisions" of Article Nine, Seotlon ~. 

Page 22 DTP009624 

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5. 

For purposes of this Article Seven! Section 4, a Retired 

Employee shall be considered as belng eligible for an Unreduced 

Social Security Benefit on account of disability under the 

Social Security Act unless he shall ha~e furn1s~ed tO,the Board. 

written evidence from the Sooial Seourlty Admlnlstratlon that 

he has applied for and has been adjudged ineligible for such 

benefits. ' 

Deferred vested Bet~rement BeQefit. The Deferred Vested Retirement 

Benefit of a Partic pant eliglble therefor under Article Six" 

Section 6, and who has applied therefor, shall be whichever of the 

following is applicable. (a) For a Participant terminated on or after the Effective Date, a 

monthly benefit payable at age 65 equal to his years of 

Credited Service multiplied by the applicable rate from the 

following table: 

~ Qf Retirement 

March 12, 1995 through March 31, 1996 

April 1, 1996 through March 31, 1997 

April 1, 1997, and after 

less Other Benefits, if any. 

B.a:t§ 

$24.00 

25.00 

26.50 

(b) The Participant may elect! in lieu of the Deferred Vested 

Retirement Benefit determlned in accordance with Subsection 5 

(a), a Deferred Vested Retirement Benefit commencing after age sixty (6P) or after age fifty-five (55) if combined years of 

age and years of Credited Service (to the nearest one-twelfth 

(1/12) in each case) shall total eighty-five (85) or more, determined in accordance with Subsection 5 (a), but reduced by five-ninths (5/9ths) of one percent (1%) for each complete calendar month by which such former Participant is under the 

age of sixty-five (65) at the date the Deferred Vested 

Retirement Benefit commences. 

6. SpeCial ~ ~ Benefit. Commencing on and after the Effective Date, 

any Retired Employee age sixty-five (65) years or older who is 

receiving a Benefit under Article SeVen; Section 1 (Normal Retirement), or Article Seven, Section 2 (Early Retirement Regular), 

or Article Seven, Section 3 (Special Early Retirement)! or Article 

Seven, Section 4, (Disability Retirement), or any Survlving Eligible Spouse age sixty-five (65) or older who is receiving a Benefit 

payable under Article Eight, Seceion 3, (Survivor Benefit Option, but excluding the Surviving Eligible Spouse of a former Participant who was receiving a Deferred Vested Retirement Benefit under Article 

Seven, Section 5) or any Retired Employee who on or after September 1, 1974, has not attained age sixty-five (65) and who is receiving a 

Benefit under Article Seven. Section 2 (Early Retirement Regular), 

or Article Seven. Section 3 (Special Early Retirement), or Article 

Seven, Section 4 (Disability Retirement) and who is enrolled in the 

voluntary medicare coverage insurance program that is available 

under the Federal Social Security Act ("Voluntary Medicare 

coverage") by making contributions therefor, shall receive a monthly Special Age'65 Benefit equal to the amount of the monthly premium rate in effect for such Voluntary Medicare Coverage, in addition to 

the amoune of the Benefit paid to the Retired Employee or the 

Surviving Eligible Spouse. In no event shall such Special Age 65 

Benefit commence prior to: 

Page 23 DTP009625 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 44 of 75 Pg ID 5696
7. 

8. 

1 • 

(a) the first day of the first month following the month a 

Retired Employee or the Surviving Eligible Spouse age 65' 

or older becomes enrolled in the voluntary Medicare 

Coverage, or 

(b) the first day of the first month following the month 

during which a Retired Employee, not age 65, who is 

receiving an Early Retirement Regular Benefit or a Special Early Retirement Benefit or a Disability Benefit becomes 

enrolled in the Voluntary Medicare Coverage. 

The Special Age 65 Benefit shall continue only if the Retired 

Employee or Surviving Eligible Spouse continues to be enrolled in 

the Voluntary Medicare Coverage. Such Special Age 65 Benefit shall 

cease the month following the month in which the Retired Employee or 

Surviving Eligible Spouse is no longer enrolled in the Voluntary Medicare Coverage and shall not be reinstated. The monthly Special Age 65 Benefit as of April 1, 1995 1s $46.10. 

Benefits fQc Employees Retired QC Terminated Prior ~ March ~ ~ 

Any Participant who has retired under a Prior Agreement, or any surviving Eligible Spouse receiving a benefit under a Prior 

Agreement, shall receive benefits and supplemental allowances, if 

any, in accordance with the Prior Agreement in effect at the time of 

the Participant's retirement or termination of employment. However. 

the level of benefit for the Special Age 65 Benefit shall be as 

specified in Artiole Seven. section 6 of this Agreement. 

Benefits Ero~en YQQU Participa~ion in ~ Mynoie ~ 

Notwithstand1ng any other prov1sion of this Plan, any Participant who makes an election pursuant to Article Six, Section 6, to 

partiCipate in the Muncie RSP as of January 1, 1991, shall have his 

Accrued Benefit frozen as of December 31, 1990. In addition, any PartiCipant who makes an election pursuant to Article Six, Section 6 

to participate in the Muncie RSP effective as of any succeeding January 1, shall have his Accrued Benefit frozen as of the day immediately preceding the date that the PartiCipant begins participation in the Muncie RSP. The Accrued Benefit of each such 

Participant shall not increase beyond the level of Benefit that the 

Participant is entitled to as of the date the Accrued Benefit is 

frozen. 

A.9ll 

(a) 

(b) 

ARTICL,E EIGHT 

COMMENCEMENT ANQ PURATION QE BENEFITS 

Retjrement Benefjts. A Normal Retirement Benefit, a Early Retirement Regular Benefit 

or a special Early Retirement Benefit shall be payable to a 

Participant on the first day of the month after such , Participant becomes eligible and applies therefor and shall be 

payable on the first day of each month thereafter during the 

life of such Participant. 

With respect to a former Participant whose employment is 

terminated, a Deferred Vested Retirement Benefit shall be 

payable to such former Participant, if eligible therefor, as of 

the later of the first day of the month following the month (i) in which such former PartiCipant attains age sixty (60), or 

becomes age fifty-five (55) if years of age and years of 

Credited Service (to the nearest one-twelfth (1/12) in each 

case) shall total eighty-five (B5), or (ii) during which the 

Page 24 DTP009626 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 45 of 75 Pg ID 5697
2. 

Board receives a written application from such former 

Participant and shall be payable on the first day of each month 

thereafter during the life of such former Participant. 

A former Participant who would be eligible to receive a 

Deferred Vested Retirement Benefit but who has not made 

application thersfor by the ninetieth (90th) day prior to his sixty~fifth (65th) birthday shall on or about that tims be 

mailed by the Company a notice informing him that he may make 

such application. The notice shall be mailed to his last 

address shown on the Company's records. 

(c) Notwithstanding anything to the contrary in this Article Eight, payment of a Benefit under this Plan shall commence not later 

than the 60th day following the close of the Plan Year in which 

the latest of the following datee occurs: (i) the date which 

the Participant attains age sixty-five (65); (ii) the tenth 

anniversary of the year in which the Participant commenced 

participation in the Plan; or (iii) the date on which the 

Participant terminated his service with the Company. 

If a Participant has a "Required Beginning Date" which precedes the latest of the three dates specified in the preceding sentence, distribution shall commence no later than.such 

Required Beginning Date. In this regard, Required Beginning Date shall mean April 1 of the Plan Year following the later of 

the Plan Year in which the Participant attains age 70-1/2. 

Unless a shorter period of distribution is prescribed by other 

provisions of this Plan, distribution of a Benefit hereunder 

shall be made over the life of the Participant or the lives of 

the Participant and his Eligible Spouse. 

Disabilit6 Retirement Benefit. 

(a) Disa ility Retirement Benefits shall be payable as provided under Article Seven, Section 4 to a Participant eligible therefor under Article Six, Section 4 on the first day of the 

month following the expiration of twenty-six (26) weeks from 

the date on which he became Totally and Permanently Disabled 

and shall be payable on the first day of each month thereafter, 

so long as he is Totally and Permanently Disabled, during the 

life of such Participant until he attains age sixty-five (65) 

or, if earlier, the age at which he becomes eligible for an 

Unreduced Social Security Benefit for age, at which time he 

shall receive the Normal Retirement Benefit to which he is 

entitled under Article Seven, Section 1, based on his Credited 

Service at the time he became Totally and Permanently Disabled. 

(b) Disability Retirement Benefits shall be terminated: 

(i) If the Participant returns to any regular gainful employment or occupation (except for purposes of 

rehabilitation under supervision of a recognized rehabilitation agency for a temporary period approved by the Board); or 

(ii) If the Board determines that the Participant has 

sufficiently recovered to engage in any regular gainful employment or occupation with the Company; or 

DTP009627 

Page 25 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 46 of 75 Pg ID 5698
liii) If the Participant refuses to undergo a medical 

examination requested by three (3) members of the Board, 

provided that the Participant may not be required to 

undergo a medical examination more often than twice a 

year. 

In any case where the Board is required to make a determination 

with respect to whether a Participant applying for a Disability Retirement Benefit is Totally and Permanently Disabled, the 

Participant first shall be required to submit to an examination 

by a competent physician or physicians selected by the Board, 

and shall be required to submit to such re-examination as shall 

be necessary for the Board to make a determination concerning his physical or mental condition. Whenever any such question is before the Board for determination, any three (3) members of 

the Board may require the Participant to submit to an 

examination by a physician of their choice, and such physician shall be afforded an opportunity to consult with the physicians apPointed by the Board at any time before a final determination 

by the Board shall have been made. A Participant or Retired 

Employee who shall refuse to submit to Rny physical examination 

properly requested under the Plall shall not be placed or 

continued on Disability Retirement. 

3." Survivor Benefit Options. la) If a Participant dies on or after the Effective Date, and at a 

time when such Participant shall have reached his or her 

sixtieth (60th) birthday and had ten (10) or more years of 

Credited Service, or shall have reached his or her fifty-fifth (55th) birthday with combined years of age and Credited Service 

Ito the nearest one-twelfth (1/12th) in each case) that total 

at least eighty-five (86), or had thirty (30) or more years of 

Credited Service and, 

(i) such Participant had seniority at the time of his death 

or, the seniority of such Participant had been broken 

because of retirement on or after the Effective Date and 

the Participant dies before the date when his Retirement 

Benefits are to commence, and 

(ii) such Participant is survived by an Eligible Spouse, then the Eligible Spouse of such Participant shall be eligible, 

upon due application therefor to receive the Survivor's Benefit 

described in Article Eight, Subsection 3 (j) belo~. 

Ib) The Eligible Spouse of a Participant who has ten (10) or more 

years of Credited Service or Five (6) or more years of Veste,d Service but who is not separated from service and is not yet eligible to retire and the Eligible Spouse of an Employee who 

separated from service after September 1, 1974 and at such time 

was eligible for a Deferred Vested Retirement Benefit and has 

not received his first Retirement Benefit, shall be eligible 

upon the death of the Participant or the terminated Employee to 

receive the Survivor's Benefit described in Article Eight, Subsection 3 IJ) below. The Survivor Benefit shall commence at 

the first of the month following the earliest date the 

Participant or the terminated Employee eligible for a Deferred 

Vested Retirement Benefit would have become eligible to have 

retired or received a Retirement Benefit under the terms of 

this Plan. 

Page 26 DTP009628 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 47 of 75 Pg ID 5699
~ 3. 

(i i 1) If the Participant refuses to undergo a medical 

examination requested by three (3) members of ,the Board, provided that the Participant may not be requ1red to 

undergo a medical examination more often than twice a 

year. 

In any case where the Board is required to make a determination' 

with respect to whether a Participant applying for a Disability Retirement Benefit is Totally and Permanently Disabled, the 

Participant first shall be required to submit to an examinationby a competent physician or physicians selected by the Board, and shall be required to submit to such re-examination as shall 

be ne essary for the Board to make a determination concerning his p sical or mental condition. Whenever any such question is bef e the Board for determination, any three (3) members of 

the Boa may require the Participant to submit to an 

examinat n by a physician of their choice, and such physician shall be a forded an opportunity to consult with the physicians appointed b the Board at any time before a final determination 

by the Board shall have been made. A Participant or Retired 

Employee who hall refuse to submit to any physical examination 

properly reque ted under the Plan shall not be placed or 

continued on Oi ability Retirement. 

~yrYiYQr Benefit . a) If a Participant es on or after the Effective Date, and at a 

time when such Part cipant shall have reached his or her 

sixtieth (60th) bir day and had ten (10) or more years of 

Credited Service, or hall have reached his or her fifty-fifth (56th) birthday with ombined years of age and Credited Service 

(to the nearest one-tw 1fth (1/12th) in each case) that total 

at least eighty-five (8 ), or had thirty (30) or more years of 

Credited SerVice and, 

(b) 

(i) such participant had seniority at the time of his death 

or, the seniority of uch Participant had been broken 

because of retirement n or after the Effective Date and 

the Participant dies b ore the date when his Retirement 

Benefits are to commenc , and 

(ii) such Participant is survi ed by an Eligible Spouse, then the Eligible Spouse of su participant shall be eligible, 

upon due application therefor t receive the Survivor's Benefit 

described in Article Eight, Subs ction 3 (j) below. 

If the Participant dies on or afte the Effective Date, the 

Eligible Spouse of a Participant wH has ten (10) or more years of Credited Service or Five (6) or re years of Vested Service· 

but who is not separated from servie and is not yet eligible to retire and the Eligible Spouse of Employee who separated from service after September 1, 1974 a at such time was 

eligible for a Deferred Vested Retireme Benefit and has not 

received his first Retirement Benefit, s 11 be eligible to 

receive the Survivor's Benefit described, Article Eight, Subsection 3 (j) below. The Survivor Benef shall commence at 

the first of the month following the earlies date the 

Participant or the terminated Employee eligib e for a Deferred 

Vested Retirement Benefit would have become el ible to have 

retired or received a Retirement Benefit under e terms of 

this Plan. 

page 26 

DTP009629 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 48 of 75 Pg ID 5700
(c) In lieu of the applicable Retirement Benefit provided in 

Article Seven, Section 1 (Normal Retirement Benefit), Section 2 

(Early Retirement Regular Benefit), Section 3 (Special Early Retirement Benefit), Section 4 (Disability Retirement Benefit), 

or Section 5 (Deferred Vested Retirement Benefit) or, if less, the Benefit which would be payable if eligible for an Unreduced 

Social Security Benefit for age or disability, a Participant automatically shall be deemed to have elected a reduced Benefit 

during his lifetime as hereinafter provided in Subsection 3 (d) below and the Automatic Survivor Benefit as hereinafter 

provided in Subsection 3(e) below, payable after the death of 

such participant to the Eligible Spouse of such Participant during the further lifetime of the Eligible Spouse. 

(d) 

This automatic election shall become effective on the Benefit 

Commencement Date, except that if, on such date which would 

otherwise be the effective date of the election, the 

Participant's spouse is not an Eligible Spouse, the effective 

date of the election shall be postponed until the first day of 

the month following the month in which the spouse becomes an 

Eligible Spouse and at such time the Participant's Benefit will 

be automatically adjusted in accordance with Subsection 3 (d) below. 

This automatic election shall be applicable only with respect 

to the Eligible Spouse of the Participant at the effective date 

of the election. 

At least nine months prior to a married participant's earliest 

retirement date, the Board shall provide the Participant with 

information regarding the amount of the applicable Retirement 

Benefit, the amount of the Automatic Survivor Benefit and the 

amount of each of the two (2) OPtional Survivor Benefits 

(which are set forth in Subsection 3 (f», as well as the 

necessary forms upon which the Particlpant, with the written 

consent of his Eligible Spouse, can waive the Automatic 

Survivor Benefit and elect either the applicable Retirement 

Benefit or one of the two Optional Survivor Benefits. A 

Participant, with the consent of the Participant's Eligible Spouse, may prevent the Automatic Survivor Benefit by executing 

a written rejection in whatever form and manner as may be 

prescribed by the Board for this purpose and by filing such 

written rejection: (il at the time of application for the Benefit, or 

(ii) during the 90 day period following the date the 

Participant is provided with the information 

regarding the automatic election. 

The consent of the Participant's eligible Spouse must be in 

writing, notarized or witnessed by a member of the Board, must 

be irrevocable and must acknowledge the financial impact of the 

waiver of the Automatic Survivor Benefit. If the Eligible Spouse of a Participant dies before the effective date of 

either of the Automatic Survivor Benefit or one of the Optional Survivor Benefits, the Survivor Bene'fit election shall be 

cancelled automatically. 

The amount of the applicable Retirement Benefit payable under 

Article Seven, Section (Normal Retirement Benefit), Section 2 

Page 27 DTP009630 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 49 of 75 Pg ID 5701
(e) 

(f) 

(9 ) 

(h) 

(i) 

(Earl y Ret; rement Regu.1 ar Benefi t), Section 3 (Speci a1 Earl y Retirement Benefit), Section 4 (Disability Retirement Benefit), 

or Section 5 (Deferred Vested Retirement Benefit), to a Retired 

Employee (including for purposes of this Subsection a former 

Participant entitled to a Deferred Vested Retirement Benefit) whose Eligible Spouse will receive either the Automatic 

Survivor Benefit under Subsection 3 (e) or one of two Optional Survivor Benefits under SUbsection 3 (1) shall be determined by reducing the amount of the applicable Retirement Benefit that 

would have been payable to the Retired Employee on and after 

age sixty-five (65), if such Retired Employee had not elected 

either the Automatic Survivor Benefit or one of the two 

Optional Survivor Benefits, to the percentage level set forth 

in Exhibit A. 

The reductions provided in this Subsection 3 (d) shall be made 

in all Retirement Benefits payable to the Retired Employee on 

or after the date the election of the Survivor Benefit becomes 

effective. 

The amount of the Benefit payable to the Eligible Spouse of a 

Retired Employee who will receive the Automatic Survivor 

Benefit under Subsection 3 (c) above shall be sixty percent (60%) of the amount of the Benefit that was or would have been 

payable after age sixty-two (62) and one (1) month to the 

Retired Employee after the applicable reduction provided in 

Subsection 3 (d) above. 

The Optional Survivor Benefit shall be either seventy-five percent (75%) or one hundred percent (100%) of the amount of 

the Benefit that was or would have been payable after age sixty-two (62) and one (1) month to the Retired Employee after 

the applicable reduction provided in Subsection 3 (d) above, and such Optional Survivor Benefit shall be payable in 

accordance with the election the participant made under 

Subsection 3 (c) above. 

The Benefit rate used for purposes of computing the amount of 

the Benefit which is referred to in Subsection 3 (d), (e) and 

(f) above, shall be the rate specified in the applicable Subsection of Article Seven, Section 1 (Normal Retirement 

Benefit), Section 2 (Early Retirement Regular Benefit), Section 

3 (Special Early Retirement Benefit), Section 4 (Disability Ret i rement Benef it), or Sect,; on 5 (Deferred Vested Retirement 

Benefit) which would be payable after the Participant becomes 

eligible for an Unreduced Social Security Benefit for age or 

di sabl1 i ty. 

In the event the Eligible Spouse of a Retired Employee who has 

made an election under Subsection 3 (c) above of the Automatic 

Survivor Benefit or one of the two Optional Survivor Benefits 

shall predecease such Retired Employee, such Retired Employee shall have his Retirement B'enefit restored to the amount 

payable without the Survivor Benefit, effective the first day of the third month following the month in which the Board 

receives evidence satisfactory to the Board of the Eligible Spouse's death. 

A Retired Employee who has made an election under subsection 3 

(c) above of the Automatic Survivor Benefit or one of the two 

Page 28 

DTP009631 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 50 of 75 Pg ID 5702
1 .. :'. 

2. 

Optional Survivor Benefits and who 1s divorced by court decree 

from his Eligible Spouse after such election; shall have his 

Retirement Benefit restored to the amount payable without the 

Survivor Benefit, effective the first day of the third month 

following the month in which the Board receives evidence 

satisfactory to the Board of the final decree of divorce, provided that no qualified domestic relations'order is received 

prior to the beginning payment date of the restored benefit. 

(j) The monthly Benefit payable to the Eligible Spouse of a 

Participant who died prior to becoming eligible for a Benefit 

under Subsection 3 (a) shall be the Benefit such Eligible Spouse would have been entitled to receive under Subsection 

3 (e),if the Participant had retired on the earliest date he 

would have become eligible to have retired under the terms of 

the Plan with Retirement Be'nefits commencing the first day of 

the following month in which the Participant could have elected 

the Survivor Benefit. 

ARTICLE NINE 

SUPPLEMENTAL ALLOWANCES 

Elj~ibility. Supplemental Allowances consist of either an Early Ret,rement Supplement, or and an Interim Supplement. Subject to the 

provisione of Article Nine, Sections 3, 4, 5, and 6, a Participant who retires under Article Six, Section 21 3, or 4 hereof, and who 

files his application for a Benefit with,n five (5) years of the 

last day he worked for the Company and/or Affiliate, and who agrees to restrict his participation in the work force as provided in 

Article Nine, Section 4 below will receive, on the following terms 

and conditio'ns, a monthly Supplemental Allowance in addition to his 

Retirement Benefit. 

Amoun~ Qf ~SuQQlemental Allowance. 

(a)arly Ret1rement Sypolement, A participant who retires under 

Article S x, Section 2 (Early Retirement Regular), Section 3 

(Special Early Retirement), or Section 4 (Disability Retirement) on or after the Effective Date, with thirty (30) 

years or more of Credited Service, shall be entItled to a 

monthly Early Retirement Supplement until age sixty-two (62) and one (1) month in an amount which when added to his 

Retirement Benefit under the Plan will equal the amount of the 

"total monthly benefit" applicable to him as follows: 

total monthly benefit 

for Determining Early ~ Qf Retjrement Retjrement Sypolement March 12, 1995 through March 31, 1996 $1,600 April 1, 1996 through March 31, 1997 1,700 Apri 1 " 1997, and after 1,800 

subject to the provisions of Article Nine, Sections 3, 4, 5, and 6, provided however, that the Early Retirement Supplement for a Participant, born after 1937 who retires on or after the 

Effective Date (for whom the 80~ level social Security Benefit 

date is beyond age 62 and one month), will terminate according to the Post 1937 Social Security Schedule set forth below: 

Page 29 DTP009632 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 51 of 75 Pg ID 5703
Birth 

1938 

1939 

~ fQaI 1i[! SOCIAL A ~~~~~!~t e S~~~2~r~ Terminates • AsA 

62 & 2 months 

1940 

1941 

1942 

1943-1954 

1955 

1956 

1957 

1958 

1959 

1.960 and after 

62 & 4 months 

62 & 6 months 

62 & 8 months 

62 & 10 months 

63 & 0 months 

63 & 2 months 

63 & 4 months 

63 & 6 months 

63 & 8 months 

63 &10 months 

64 & 0 months 

If the Retired Employee elects to draw his Social Security Benefit 

earlier than the age, applicable to such Retired Employee, as set 

forth 1n the Post 1937 Social Security Schedule, the Early Retirement 

Supplement terminates at that time. Also, if the Retired Employee fails to notify the Pension Board of such early election, the excess 

payments are subject to the "penalty provisions" of Article Nine, Section 4. 

(b) Int~rim Supplement. A Participant who retires under Article 

Six, Section 2 (Early Retirement Regular) on or after the 

Effective Date, with less than thirty (30) years of Credited 

Service and before attaining age sixty-two (62), shall be 

entitled to a monthly Interim Supplement until he attains age sixty-two (62) and one (1) month equal to the amount applicable to him for each year of Credited Service that he had at the 

date of his retirement; as follows: 

~ ~ Retirement 

54 or under 

55 

56 

57 

68 

59 

60 

61 

Monthly Amount for Each Year 

of Credited Service* For 

Retirements March 12, 1995 

and thereafter 

$-0-

7.05 

8.70 

10.20 

11 .86 

H.36 

15.00 

16.00 

*Prorated for intermediate ages computed on the basis of the 

number of complete calendar months by which the Participant is . under the age he will attain at his next birthday. 

subject to the provisions of Article Nine, Sections 3, 4, 5, and 6; provided however, that the Interim Supplement for a 

PartiCipant, born after 1937 who retires on or after the 

Effective Date (for whom the 80~ level Social Security Benefit 

date is beyond age 62 and one month), will terminate according to the Post 1937 Social Security Schedule. 

If the Retired Employee elects to draw his Social Security Benefit 

earlier than the age, applicable to such Retired Employee, as set 

forth in in the Post 1937 Social Security Schedule, the Interim 

Supplement terminates at that time. Also, if the Retired Employee 

Page 30 

DTP00.9633 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 52 of 75 Pg ID 5704
3. 

4. 

fails to notify the Pension Board of such early election, the excess 

payments are subject to the "penalty provisions" of Article Nine, Section 4). 

Assymptions ana Adjystments in Compyting Amount Qf Sypplemental 

tl{°wance. 

a The Early Retirement Supplement under Article Nine, Subsection 

2 (a) or the Interim Supplement under Article Nine, Subsection 

2 (b) for.a participant retiring under Article Six, Section 2 

(Early Retirement) shall be calculated assuming that his 

Retirement Benefit commences immediately after retirement, and 

such Early Retirement Supplement or Interim Supplement shall be 

reduced for any month prior to age sixty-two (62) and one (1) month (or according to the Post 1937 Social Security Benefit 

Schedule for a participant born after 1937 who retires on or 

after the Effective Date) for which he receives or is entitled 

to receive an Unreduced Social Security Benefit, by an amount 

equal to the amount of the Temporary Benefit to which he would 

have been entitled if he had retired under Article SiX, Section 

3 (Special Early Retirement). 

(b) The Early Retirement Supplement under Article Nine, Subsection 

2 (a) for a Participant retiring under Article Six, Section 3 

(Special Early Retirement) or Section 4 (Disability Retirement) shall be calculated on the assumption that he will receive his 

Temporary Benefit until age sixty-two (62) and one (1) month 

(or according to the Post 1937 Social Security Benefit Schedule 

for a Participant born after 1937 who retires on or after the 

Effective Date) even if such Temporary Benefit is not received 

by the Participant until such age because of his entitlement to 

Social Security benefits. 

(c) The Early Retirement Supplsment under Article Nine, subsection 

2 (a) for a Participant who elects a Survivor Benefit provided in Article Eight shall be calculated on the basis of the 

Benefit he would have received if he had not elected one of the 

survivor Benefit Options. 

paym~nt Qf sypg~emental Allowance AnQ pen~lty proyjSj~n. Any of the 

Supp ementa] A,. owances to which a Partic1pant is ent tled shall 

commence on the first day of the month in which the Participant retires and shall be payable monthly thereafter until the first day of the month in which he dies, or his Benefit ceases for any other 

reason or he attains age sixty-two (62) and one (1) month (or according to the Post 1937 Social Security Benefit Schedule for a 

Participant born after 1937 who retires on or after the Effective 

Date) whichever occurs first; provided however, that effective March 

12, ,1995 and thereafter ·if a Retired Employee receiving any of the 

Supplemental Allowances has earnings after retirement in excess of 

$10{000 durin9 any calendar year before he attains age sixty-two 

(52) and one (1) month (or according to the Post 1937 Social 

Security Benefit SchedUle for a Participant born after 1937 who 

retires on or after the Effective Date) in any calendar year (such earnings being defined for this purpose as the amount and type permitted without reduction of benefits under the Federal Social 

Security Act or the corresponding amount and type in any future 

Federal le~is1ation amending, superseding, supplementing or 

incorporat1ng the Federal Social Security Act), a penalty equal to 

dOUble the amount by which such earnings exceed the amount permitted shall be charged against each succeeding monthly Supplemental 

Page 31 DTP009634 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 53 of 75 Pg ID 5705
5. 

6. 

7. 

Allowance which the Retired Employee would otherwise be entitled to 

receive until the full amount of such penalty is satisfied, it being understood that penalties and charges herein shall be cumulative if 

appropriate; and provided further, that if the Retired Employee had 

been receiving a Benefit under Section 4, Article Six (Oisability Retirement) and had been receiving supplemental Allowance payments and the Board finds that he is no longer Totally and Permanently Disabled he shall not, if his seniority is restored, thereby forfeit 

any right he may thereafter have to receive Supplemental Allowance 

payments if he thereafter retires under the Plan. 

A Reti red Employee. receiving any Supplemental Allowance before age sixty-two (62) and one (1) month (or according to the Post 1937 

Social Security Benefit Schedule for a Participant born after 1937 

who retires on or after the Effective Date) may be required to 

certify that his earnings have not been in excess of the permitted 

amount and to furnish verification of the amount of his earnings. If any overpayments of a Supplemental Allowance are made after a 

Retired Employee incurred a penalty because of excess earnings, or 

by reason of a Retired Employee becoming entitled to receive Social 

Security benefits, any such overpayments shall, unless repaid by the 

Retired Employee in a lump sum, be deducted from future Retirement 

Benefits payable to him under the Plan. 

Redyction ~ ~ Earnings Limjtation. If the total of the Retired 

Employee's Retirement Benefit under this Plan and his monthly Supplemental Allowance receivable up to age sixty-two (62) and one 

(1) month (or according to the Post 1937 Social Security Benefit . Schedule for a Participant born after 1937 who retires on or after 

the Effective Date) as computed above would exceed seventy percent 

(70%) of his final base pay, his monthly Supplemental Allowance (but 

not his Retirement Benefit under Article Seven) shall be reduced to 

the extent required so that such Retirement Benefit plus his 

Supplemental Allowance will equal seventy percent (70%) of his final 

base pay. For this purpose, the final monthly base pay of such 

Retired Employee shall mean four and one-third (4-1/3) times the 

base hourly rate of such Retired Employee at the time of retirement, 

as defined in Article IX of the Supplemental Unemployment Benefit 

Plan between the Company and the Union in effect at the time of his 

retirement, multiplied by forty (40) in the case of an hourly rated 

Employee, plus cost-of-1iving allowances but excluding overtime 

additions to straight time pay, shift differentials, vacation bonus, year-end bonus, or any other extra compensation. 

Dj~chgrgeg Particjpants. A discharged Participant shall not be 

ellgi le to receive a Supplemental Allowance except that a 

discharged Participant eligible for an Early Retirement Regular Benefit under Article Seven, Section 2 may retire and also process a 

grievance in which a determination is sought through the regular grievance procedure under the Collective Bargaining Agreement that 

the reason for the discharge of the Participant shall not result in 

the Participant being ineligible to receive a Supplemental Allowance. If the award should provide for the payment of any wages for time not worked after the discharge, then any Retirement 

Benefits received by such Participant for such period of time shall 

be credited against the award • 

.\J.n.i.Qn ~eave .Q.f Absence. Notwithstanding anything in this Plan, a 

PartlClpant who retires while on an approved leave of absence 

requested by the International Union to permit such Participant to 

Page 32 DTP009635 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 54 of 75 Pg ID 5706
1. 

engage in the business of or to work for the International Union' 

shall be entitled to a Supplemental Allowance under this Article 

Nine, even though such Participant had not worked for the Company within five (5) years of retirement. 

ARTICLE TEN 

MISCELLANEQUS 

MQu-aljenatjon Qf Benefits ~ sypPJeme~tal AJlowance. No Benefit or 

Supplemental Allowance payable at any t me under the Plan shall be 

subject in any manner to alienation, sale, transfer, assignment, pledge, attachment or encumbrance of any kind. Any attempt to 

alienate, sell, transfer, assign, pledge or otherwise encumber any such Benefit or Supplemental Allowance, whether presently or 

thereafter payable, shall be void. No Benefit or Supplemental Allowance, nor the Trust Fund, shall in any manner be liable for or 

subject to the debts or liability of any participant, Surviving Eligible Spouse, or Retired Employee entitled to a Benefit or 

Supplemental Allowance. If the Participant, Surviving Eligible Spouse, or Retired Employee sha" attempt to, or sha", alienate, se'11 , transfer, assign, pledge, or otherwise encumber his or her 

Benefit or Supplemental Allowance under the Plan or any part' thereof, or if, by reason of his bankruptcy or other event happening at any such time, such Benefit or SUPplemental Allowance would 

devolve upon anyone else or would not be en~oyed by him or her, then 

the Board in its discretion may terminate hlS or her interest in any such Benefit or Supplemental Allowance and hold or apply it to or 

for the benefit of such person, his or her spouse, children, or 

other dependents, or any of them in such manner as the Board may deem proper. Notwithstanding the foregoing; 

(a) The Trustee shall deduct'from the Retirement Benefits or 

Supplemehtal Allowances payable to a Retired Employee or 

Surviving Eligible Spouse who elected to participate in the 

Group Hospitalization and Surgical Insurance provided for in 

any applicable Insurance Agreement between the Company and the 

Union, upon notification fro~ the Board that the Retired 

Employee or Surviving EliQible Spouse has so authorized, ari 

amount equal to the contrlbution rate from time to time 

established for such insurance as certified to the Trustee by the Board, and shall pay such amount (as the Board may direct) either directly to the carrier of such insurance or to the 

order of the Company for transmittal to such carrier. 

(b) A Retired Employee shall have the right, subject to the 

provisions of this Subsection 1 (b), to authorize the Trustee 

to deduct from the Retirement Benef,t payable to him, and to 

pay to the Union on his behalf, monthly dues in such amount as 

shall be certified to the Trustee from time to time by the 

Financial Secretary of the Union as being the current rate of 

monthly dues for Retired Employees. Such authorization shall 

be made by a Retired employee on a form provided by the Union 

and filed with the Board as hereinafter provided. An 

authorization with respect to a particular calendar year shall 

be effective only if filed during the month of December 

immediately preceding the commencement of such calendar year, 

or, in the case of a Participant who retires during the course 

of a calendar year, during the month in which such retirement 

occurs. Any such authorization filed with respect to a 

particular calendar year shall be irrevocable for the 

Page 33 DTP009636 

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remainder of such calendar year, and shall be automatically renewed with respect to each succeeding calendar year unless 

the Retired Employee shall file a revocation with the Board 

during the month of December preceding the beginning of the 

calendar year for which the revocation is to be effective; provided, however, that if the rate of dues for Retired 

Employees shall be increased, a Retired Employee shall have 

the right to revoke such authorization by filing a revocation 

with the Board within thirty (30) days after the increase in 

the rate of dues becomes effective, such revocation to be 

effective for the month following the month in which the 

revocation is filed. The Board shall promptly certify to the 

Trustee all such authorizations effectively filed by Retired 

Employees. and the Trustee shall give effect to such 

authorizations until notified by the Board of the revocation 

thereof. Notwithstanding the foregoing. it is mutually understood and agreed that the Board shall have the right to 

discontinue the deductions and payments of dues pursuant to 

this Subsection 1 (b) at any time when the number of Retired 

Employees who have currently effective authorizations on file 

with the Board shall be less than one hundred (100). 

(c) A Retired Empl.oyee or Surviving Eligible Spouse entitled to a 

Benefit under this Plan shall have the right, upon submitting to the Board written authorization and direction acceptable to 

the Board, to cause Federal income taxes to be withheld from 

the Retirement Benefits payable under the Plan in accordance 

with Section 3405 of the Code, or subsequent comparable statute, and the applicable regulations thereunder. 

(d) Nothing in this Article shall prevent the payment of all or a 

portion of the Retirement Benefits under the Plan to an 

alternate payee under a qualified domestic relations order as 

such is defined in the applicable Federal law and regulations. 

2. Vestjng. Except in accordance with the provision of Article Seven, Section 7, no Participant or Eligible Spouse shall be eligible to 

receive any Benefit or Supplemental Allowance under the provisions of.t~e Plan prior to the Effective Date thereof. No participant or 

Ellglble Spouse shall have any vested right under this Plan except such rights, if any, as may accrue to a Participant upon retirement 

or entitlement to a Deferred Vested Retirement Benefit or to a 

Eligible Spouse for a Survivor Benefit upon the death of a 

Participant, in accordance with the provisions of the Plan. 

3. Waiver QL Suspensjon Qf Benefjts. (a) Subject to applicable Federal law and regulations and 

notwithstanding anything to the contrary in the Plan, 

a Retired Employee or Surviving Eligible Spouse entitled to 

receive a Retirement Benefit, for personal reasons and without 

disclosure thereof, may request the Board in writing to suspend for any period of time the payment of all or of any part of 

such Retirement Benefits otherwise payable to him or her under 

the provisions of the Plan. Upon receipt of such a written 

request the Board shall authorize such suspension. in which 

event the Retired Employee or the Surviving Eligible Spouse shall be deemed to have forfeited all right to or interest in 

the amount of the Retirement Benefits so suspended, but the 

Retired Employee or the Surviving Eligible Spouse, as the case 

may be, shall retain the right to have the full amount of such 

Page 34 

DTP009637 

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4. 

(b) 

Retirement Benefits to which he or she otherwise would be 

entitled reinstated with respect to future payments upon wri.tten notice to the Board of his or her desire to revoke a 

prior request for suspension under this Article Ten, Subsection 

3 (a). Any suspension of Retirement Benefits requested hereunder by a Retired Employee shall not affect the Survivor 

Benefit payable under the Survivor Benefit Option which the 

Retired Employee has elected or is deemed to have elected under 

the Plan. 

In determining any Benefit or Supplemental Allowance payable to 

any Retired Employee, no Retirement. Benefit or Supplemental Allowance shall be payable for any month during all of which 

the Retired Employee is receiving weekly accident or sickness 

benefits under any plan to which the Company shall have 

contributed; and for any month during part of· which the ·Retired 

Employee is receiving such accident or sickness benefits, a 

proportionate amount of any Retirement Benefit or Supplemental Allowance otherwise payable shall be paid for that part of the 

month for which the Retired Employee receives no such accident 

or sickness benefits. 

Gendel

. Numbea AUQ Context. Words used in the plan which are in the 

mascu ine gen er shall include the feminine gender, the sin~ular . shall include the plural and the plural shall include the s1ngular, all unless the context clearly indicates otherwise. The titles of 

Sections and Subsections in this Plan are inclUded solely for 

convenience of reference and, if there is any conflict between the 

titles and the text, the text shall control. 

Page 35 

DTP009638 

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ARTICLE ELEVEN 

MAXIMUM ANNUAL BENEFITS 

1. MaxjmU~ Permissible Amount! The Annual Benefit, as such term is 

defined in Art cle Eleven, Subsectlon 9 (c), payable to a Participant at 

any time under the Plan shall not exceed the Maximum Permissible Amount, 

as such term is defined in Article Eleven, Subsection 9 (h). If the 

Annual Benefit that the Participant would otherwise accrue in a 

Limitation Year, as such term is defined in Article Eleven, Subsection 

9 (g), would produce an Annual Benefit in excess of the Maximum 

Permissible Amount, the rate of accrual will be reduced so that the 

annual Benefit will equal the Maximum Permissible Amount. 

2. Alternatjy~ comqyt~tjoQ~ The limitation in Article Eleven, Section 1 is deeme satlsfled 1 the Annual Benefit payable to a 

partiCipant is not more than $1,000 multiplied by the participant's years of partiCipation (not to exceed 10) and the Company and any Affiliate has 

not at any time maintained any defined contribution plan in which the 

Participant participated. 

3. Maximym Permissible Amoynt ~ ~ 1bAa~ Years Qf Credited 

Service. If a participant has completed less than 10 years of Credited 

Service 1n the Plan, the PartiCipant's Annual Benefit shall not exceed 

the Maximum Permissible Amount specified below as adjusted by multiplying such amount by a fraction, the numerator of which is the Participant's number of years of Credited Service in the Plan, and the denominator of 

which is 10. In no event shall the provisions of this Section 3 reduce 

the limitations provided under Code Sections 415 (b) (1) and (b) (4) to 

an amount less than one-tenth (1/10th) of the applicable limitation (as determined without regard to this Section 3). 

4. Maximum permjssible Amount - Retirement Prior ~ Participants Social Security Retirement ~ If-the Annual Benefit of a Participant 

commences before the Participant's Social Security Retirement Age, as 

such term is defined in Article Eleven, Subsection 9 (i), the Maximum 

Permissible Amount shall be adjusted so that it is the actuarial 

equivalent (as determined by using the Plan's Actuarial Factors) of an 

Annual Benefit of $90,000, multiplied by the Adjustment Factor, as such 

term is defined in Article Eleven, Subsection 9 (a), as prescribed by regulations issued by the Secretary of the Treasury of the United States, beginning at the Social Security Retirement Age. The adjustment provided for in the preceding sentence shall be made in such manner as the 

Secretary of the Treasury of the United States may prescribe that is 

consistent with the reduction for old-age insurance benefits commencing before the Social Security Retirement Age under the Social Security Act .. In addition, the adjustment shall be based on the greater of the interest 

rate assumption or an assumption of 5% per year. 

5. Maximum Permissible Amount - Retirement After Participants Social 

security Retirement ~ If the Annual Benefit of a Participant 

commences after the Participant's Social security Retirement Age, the 

Maximum Permissible Amount shall be adjusted so that it is the actuarial 

equivalent (as determined by using the Plan's Actuarial Factors) of a 

benefit of $90,000, multiplied by the Adjustment Factor as provided by the Secretary of the Treasury of the United States, beginning at the 

Social Security Retirement Age. 

. .~. Current Accrued B~nefit, If the current Accrued Benefit of an 

lndlvldual who was a Partlcipant as of the first day of the Limitation 

Page 36 DTP009639 

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Y~ar beginning on or after January 1, 1987, exceeds the benefit 

l,mitations under Code Section 415 (b), the Maximum Permissible Amount 

with respect to the individual shall equal that current Accrued Benefit. 

7. Participatign 10 other Company/Affiliate Defined Benefit Plans. 

If a Participant is or has ever been a participant in any o~her defined 

benefit plan maintained by the Company or any Affil iate, the sum of the 

Participant's Annual Benefits from all such plans (including the Plan) shall not exceed the Maximum Permissible Amount. If the Maximum 

Permissible Amount would otherwise be exceeded after taking into account 

all such plans, the necessary reduction of the Participant's Annual 

Benefit shall be made under the Plan. However, if the Plan (or any other 

defined benefit plan of an Affiliate in which a Participant participates) 

was amended after May 5, 1986, but before the first Limitation Year 

beginning after December 31, 1986, to increase accrued benefits to a 

level below the Code Section 415 limits for Limitation Years beginning after 1986, such excess amounts are not reflected in the denominator of 

the Defined Benefit Plan Fraction for the Limitation Years beginning after 1986 or in adjusting the n'umerator of the Defined Contribution plan Fraction in accordance with Federal Income Tax Regulations issued under 

Section 235(9)(3) of the Tax Equity and Fiscal Responsibility Act of 

1982. The excess accruals are reflected in the numerator of the Defined 

Benefit Plan Fraction for Limitation Years beginning after 1986, unless 

the excess is eliminated. The excess is not reflected in the Current 

Accrued Benefit. 

8. participatjon 1n Company/Affiliate Defined contributjon Plans, If a Participant is also a participant in any defined contribution plan maintained by the Company or any Affiliate, the sum of the Participant's Defined Contribution Plan Fraction as such term is defined in Article 

Eleven, Subsection 10 (f) and the Defined Benefit Plan Fraction, as such 

term is defined in Article Eleven, Subsection 9 (e), shall not exceed 1.0 

in any Limitation Year. If the sum of the fractions would exceed 1.0 in 

any Limitation Year, the participant's Annual Benefit shall be reduced 

until the sum of the fractions is 1.0. 

9. pefinitions. For purposes of computing the limitations under 

this Section 9; (a) "Adiustment Factor" means the cost of living adjustment factor prescribed by the Secretary of the Treasury under 

Section 415 (d) of the Code for years beginning after 

December 31, 1997, applied to such items and in such manner 

as the Secretary shall prescribe. 

(b) "Annual Additions" with respect to a Participant means the 

sum of -- (i) The Affiliates' contribution made for him under any defined contribution plan of the Affiliates for the 

Limitation Year; and 

( i i ) Nondeductible contributions by the Participant for 

Limitation Years beginning after 1986 (as to Limitation 

Years beginning before 1987, only the ,lesser of 50% of 

such contribution or the amount of such contributions 

that exceed 6% of the Participant's compensation, as 

defined in Code Section 415 (c) (3), for the Limitation 

Year are treated as Annual Additions); 

(iii) Forfeitures allocated to him under all defined 

contribution plans of the Affiliates for the Limitation 

Page 37 DTP009640 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 59 of 75 Pg ID 5711
(c) 

(d) 

(e) 

(iv) 

YE!ar; and 

(4) Any contributions allocated on the Participant's behalf to any medical account under Code Sections 

401 (h) (6) and 419A (d). 

"Annual Benefit" means a Participant's Normal Retirement 

Benef t computed under Article Seven, Section 1, expressed 

as--

(1) A qualified Joint and survivor annuity form of payment for any married Participant if the automatic election 

applies to such Participant; or 

(ii) A single life annuity form of payment for any other 

Participant. 

"Cyrrent Accrued Benefit" means a Participant's Annual 

Benefit under the Plan, determined as if the Participant had 

separated from service as of the close of the last Limitation 

Year beginning before January 1, 1987, when expresssed as an 

annual benefit within the meaning of Code Section 415 (b) (2). In determining the amount of a Participant's Current 

Accrued Benefit, any change in the terms and conditions of 

the Plan after May 5, 1986 shall be disregarded. 

"Defjned Benefit .eJ..an. Fraction" for any year means the 

fraction--

(i) The numerator of which is the sum of the Participant's projected annual benefits under all tax-qualified defined benefit plans of the Affiliates (whether or not 

any such plan is terminated), determined as of the close 

of the year, and 

(li) The denominator of which is the lesser of 125% of the 

dollar limitation in effect for the Limitation Year 

under Code Section 415 (b) (1) (A) or 140% or the 

average annual compensation amount. 

(f) "Def i ned Contr j byti on .eJ..an. Fract i on" for any year means the 

fraction--

(i) The numerator of which is the sum of the Annual 

Additions to the Participant's accounts under all taxqualified defined contribution plans of the Affiliates 

(whether or not terminated) for the current and all 

prior Limitation Years (reduced, if applicable, in 

accordance with Faderal Income Tax Regulations issued 

pursuant Section 235 (g) (3) of the Tax Equity and 

Fiscal Responsibility Act of 1982), and 

(ii) The denominator of which is the sum of the lesser of the 

following amounts determined for the current and all 

prior Limitation Years of service with the Affiliates: 

(A) 125% of the dollar limitation in effect under Code 

Section 415 (c) (1) (A) for each year, or 

(8) 140% of the amount which may be taken into account 

under Code Section 415 (c) (1) (B) with respect to 

him under such plan for such year. 

Page 38 DTP009641 

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(iiil The denominator of ~he Defined Contribution Plan 

Fraction shall be multiplied by the "transition 

fraction" (as defined in Code Section 415 (e) 161 (B)), 

if the Board has elected to use it. 

(g) "Limitation Y!!.ru:" means the calendar year. 

(h) "Maximum Permissible Amount" means the lesser of (AI 590,000 

(multiplied by the Adjustment Factor) or (B) 100% of the 

Participant's annual average of the highest three consecutive 

calendar years of total compensation (as defined in Code 

Section 415 (cl (3») paid to the Participant by the 

Affiliates during his active participation in the Plan (or 

any other defined benefit plan of the Affiliates). 

(i) "SOCial' Security Retirement ~ means the age defined in 

Code Section 415 (b) (8). Under that Section, a person's 

Social Security Retirement Age is (a) 65 if the year of birth 

is before 1938, (b) 66 if the year of birth if after 1937 but 

before 1955, or (c) 67 if the year of birth is after 1954. 

ARTICLE· TWELVE 

TERMINATION QE IRE £LAM 

1. Order of Priorities. In the event of termination of the Plan 

embodied in this Agreement, the assets then remaining in the Trust 

Fund, after providing the expenses of the Plan and of the Trust 

Fund, shall be allocated, after deducting any balance in the Trust 

Fund attributable to funding the cost of the Supplemental Allowances 

under Article Nine, to the extent that they shall be sufficient, for 

the purpose of paying Benefits (based on Credited Service to the 

date of termination of the Plan) to Participants Who have retired or 

who retire and former Employees in the following order of 

precedence: 

lal To provide Benefits at such time as they become payable under 

the terms of the Plan to a Retired Employee (and his Survi~ing 

Eligible Spouse) who was receiving a Retirement Benefit as of 

the beginning of the three-year period ending on the date of 

termination of the Plan (or would have been eligible to retire 

and commence receiving a Retirement Benefit as of the beginning 

of said three-year period), computed under the provisions of 

the Plan (as in effect during the five-year period ending on 

the date of termination of the Plan) which would provide the 

smallest Benefit. 

IbJ To provide Benefits to a Retired Employee (and his Surviving Eligible Spousel at such time as they become payable under the 

terms of the Plan, which when added to the Benefits provided 

under Subsection 1 (a) above, would be equal to the Benefits 

\Inder the Plan which are determined by the Pension Benefit 

Guaranty Corporation to be guaranteed under Section 4022 of 

ERISA (computed without regard to Section 4022 (b) (5) of said 

Act) . 

(c) To provide Benefits, which when added to the Benefits provided 

under Subsections 1 (a) and 1 (b) above would be equal to the 

Benefit to which the Participant would be entitled under the 

terms of the Plan, in the following order of precedence: (i) To provide Benefits (including any Age-Service 

Supplement, Lifetime Supplement or Special Age 65 Benefit 

Page 39 DTP009642 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 61 of 75 Pg ID 5713
that commenced prior to the date. of termination of the 

Plan, but excluding any Supplemental Allowances under 

Article Nine) to Retired Employees receiving Retirement 

Benefits and to Participants who reti·re under the Plan 

prior to the date of termination of the Plan, and to 

a Surviving Eligible Spouse entitled to a Survivor 

Benefit under Article Eight, without reference to the 

order of retirement. No increase due to a 

redetermination of benefits shall be provided at any date 

after the termination of the Plan under this Article 

Twelve, Subsection 1 (c), paragraph (i). 

(ii) To provide Normal Retirement Benefits (including the 

Special Age 65 Benefit, if such would actually be payable 

upon the date of termination of the Plan) upon retirement 

under the terms of this Plan as 1f it were in effect, to 

Participants age sixty-five (65) or older and who have 

ten (10) years or more of Credited Service on the date of 

termination of the Plan, without reference to the order 

in which they reached age sixty-five (65), and to provide Disability Retirement Benefits, excluding any Supplemental Allowances under Article Nine, to 

Participants who on the date of termination of the Plan 

have been approved for a Disability Retirement Benefit 

but who have not then·commenced to receive such benefit. 

(iii) To provide at age sixty-five (65) or, if the Participant elects, at such earlier age as the Participant may elect 

to receive a Normal Retirement Benefit (excluding the 

Special Age 65 Benefit) provided for under the terms of 

the Plan as now in effect, at the level reached on 

September 7, 1989, to Participants who on the date of 

termination of the Plan have ten (10) years or more of 

Credited Service, without reference to their ages on the 

date of termination of the Plan or to the order in which 

they shall reach age sixty-five (65). 

(iv) To provide additional Benefits which, when added to the 

Benefits received under Subsection 1 (c) (i) above, shall 

equal the Benefits otherwise provided under the Plan as 

now in effect (excluding any Supplemental Allowances 

under Article Nine and excluding any Age-Service Supplement, Lifetime Supplement or Special Age 65 Benefit 

not otherwise payable under Subsection 1 (c) (i) above) 

to Retired Employees receiving Benefits and to 

Participants who retire under the Plan prior to the date 

of its termination, and to a Eligible Spouse entitled to 

a Survivor Benefit under Article Eight without reference 

to order of retirement; 

(v) To provide additional Benefits which, when added to the 

Benefits received under Subsection 1 (c) (ii) above, shall equal the Benefits otherwise provided under the 

Plan as now in effect, to Participants age sixty-five (65) or older and who have ten (10) years or more of 

Credited Service on the date of termination of the Plan, without reference to the order in which they reached age sixty-five (65) and to provide additional Benefits which, when added to the Benefits received under Subsection 1 

(e) (ii) above, shall equal the Benefits (excluding any 

Page 40 

DTP009643 

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(vi) 

(v i i 1 

(viii) 

( i x) 

(xl 

Supplemental Allowances under Article Nine) otherwise 

provided under the Plan as now in effect, to Participants who on the date of termination of the Plan have been 

approved for a Disability Retirement Benefit but who have 

not then commenced to receive such a Benefit; 

To provide, at age sixty-five (65), additional Benefits 

(excluding the Special Age 65 Benefit) which when added 

to the Benefits received under Subsection 1 (c) (iii) above, shall equal the Normal Retirement Benefit provided for under the Plan as now in effect to Participants who 

on the date of termination of the Plan have met the 

requirements of Article Six, Section 2, for Early Retirement, without reference to the order in which they shall reach age sixty-five. 

To provide j at age sixty-five (65), Benefits (excluding the Specia Age 65 Benefit) which when added to the 

Benefits received under Subsection 1 (c) (iii) if any, shall equal the Normal Retirement Benefit provided under 

the Plan, as now in effect, to Participants less than age sixty (60) and whose combined age and Credited Service 

(to the nearest one-twelfth (1/12th) in each case) equal at least sixty (60) on the date of termination of the 

Plan, without reference to the order in which they shall 

reach age sixty-five (65); 

To provide, at age sixty-five (65) or upon the date of 

termination of the Plan (if the participant is age sixty- five (65) or older), Benefits (excluding the Special Age 65 Benefit) which, when added to the Benefits received 

under Subsection 1 (c) (iii), if any, shall equal the 

Normal Retirement Benefit provided for under the terms of 

the Plan, as now in effect, to Participants on the date 

of termination of the Plan who are not provided for above 

in this Article Twelve, Section 1, without reference to 

the order in which they shall reach or shall have reached 

age sixty-five (65)'; 

Within each of the above Subsections 1 (a) through (c) (viii), shall be included such former Participants eligible for a Deferred Vested Retirement Benefit under 

Article Seven, Section 5, who are eligible for such 

Benefit on the date of termination of employment. 

To provide Special Age 65 Benefits commencing on the 

first day of the month following the month in which age sixty-five (65) is attained to Retired Employees and 

eligible Surviving Eligible Spouses provided for in 

Subsection 1 (a) and Subsection 1 (c) (iv) who are under 

age sixty-five (65) on the date of termination of th,e Plan. 

The assets remaining in the Trust Fund attributable to funding the cost of Supplemental Allowances payable under any Prior 

Agreement'and Supplemental Allowances payable as provided under 

Article Nine in the Plan, as now in effect, shall be allocated, 

to the extent that they shall be SUfficient, in the following order of precedence: 

Page 41 

DTP009644 

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2. 

3. 

1. To continue payments of Supplemental Allowances payable under any Prior Agreement and supplemental Allowances 

payable under Article Nine in the Plan, as now in effect 

to Participants who shall have retired under the Plan 

prior to its termination; 

2. To provide for the payment to Participants who have made 

an application, which is subsequently approved, for a 

Disability Retirement Benefit under the Plan prior to .its 

termination, who are otherwise entitled to a Supplemental Allowance, of the amount of such supplemental Allowance; 

3. To provide for the payment to all other Participants on 

the date of termination of the Plan of their proportionate share of any actuarial reserve for Supplemental Allowances 

for them as certified by the Actuary. 

(d) If under this Article Twelve, Subsection 1, above, after having made provision in the above order of precedence for some but 

not all of the groups listed above, the assets then remaining in the Trust Fund arei not sufficient to provide completely for 

the Benefits for persons in the next group, such Benefits shall 

be provided for each person in such group on a pro-rata basis 

as determined by the Actuary. 

Methods Qf Allocation. The allocation hereinbefore specified shall 

be accomPlished through either (i) continuance of the Trust Fund or 

a new Trust Fund, or (ii) purchase of insurance annuity contracts; pro.vidsd, however, that the Board, upon finding that it is not 

practicable or desirable under the circumstances to- do either of the 

foregoing with respect to some or all of the groups listed in 

Article Twelve, Section 1, with the unanimous consent of its 

members, may provide for allocation of a part or all of the assets 

of the Trust Fund other than by the continuance of a Trust Fund or 

the purchase of insurance annuity contracts w.ith respect to any or 

all of such groups; provided, further, however, that no change shall 

be made in the order of precedence and basis for allocation 

established in Article Twelve, Section 1. Except as otherwise 

provided in the Supplemental Retirement Income Program Agreement between the Company and the Union of even date herewith, there shall 

be no liability or obligation on the part of the Company to make 

further contributions to the original Trust Fund or such new Trust 

Fund in the event of termination of the Plan. 

Merger QCConsolidation. In the event of any merger or consolidation' 

of the Plan with, or transfer in whole or in part of the assets and 

liabilities of the Trust Fund to another trust fund held under any other plan of deferred compensation maintained or to be established 

for the benefit of all or some of the Participants, the assets of 

the Trust Fund applicable to such Participants shall be transferred 

to the other trust fund only if each Participant would (if either 

this Plan or the other plan then terminated) receive a benefit 

immediately after the merger, consolidation or transfer which is 

equal to or greater than the benefit he would have been entitled to 

receive immediately before the merger, consolidation, or transfer 

(if this Plan has been terminated), and such other plan and trust 

are qualified under Sections 401 (a) and 501 (0) of the Internal 

Revenue Code. 

Page 42 DTP009645 

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4. 

1. 

2. 

Partial TermjnatioO' In the event of a partial termination of the 

Plan, each affected PartiCipant's Accrued Benefit L based" on Credited 

Service prior to the effective date of the partial termination shall 

become fully vested and nonforfeitable to the extent funded. The 

extent funded shall be determined by computing the extent funded for 

the affected Participants as if the entire Plan had terminated and 

assets allocated in accordance with Article Twelve, Section One. 

ARTICLe THIRTeEN 

AMENDMENT ~ DURATION Qf 1Hf flAH 

Commencement Qf IOcre§sed Beoefits Contingent QO Interoal Reyenue ~QQrQ~~l. This Agreement and the Plan provided for herein shall be ~e~f~f~e~c~t~iv~e March 12,1996, contingent upon and subject to approval from the Internal Revenue Service of the Plan and Trust established 

in connection herewith for exemption from taxation under Sections 

401 and 501 (a) and other applicable provisions of the Code, and 

deductibility of contributions under Section 404 and other " 

applicable proviSions of the Code. Benefits not paid pending such 

approval shall be paid retroactively to the date they would 

otherwise have become due and payable after such approval is 

received, but 1n no event shall any of the Benefits provided for 

herein be paid for any month prior to March 12, 1996. Any modifications, alterations or amendments required by the Internal 

Revenue Service, for the purpose of approval of the Plan under 

Section 401 (a) and other applicable provisions of the Code, shall 

be made retroactively. 

Amendment ~ Duratioo. This Agreement shall continue in full force 

and effect until March 12, 1998. During the term of this Agreement 

ne i ther the Company nor the Un i on sha 11 request any change in, deletion from, or addition to the Agreement, or be required to 

bargain with respect to any change in this Agreement, nor shall any modifications, alterations or amendment of said Agreement be an 

objective or be stated as a reason for any strike or lockout, or 

other exercise of economiC force or threat by the Union or the 

Company. 

As of March 12, 1998, this Agreement may be terminated. modified, changed or continued in the same manner as provided in Article 

Sixteen of the Collective Bargaining Agreement. In the event this 

Agreement shall terminate, the company shall have no obligation to 

continue the P1an. 

COMPANY UNION ------------------------------

BY --------------------------- Glen O. Eckelman, Director 

Labor Relations & Compensation 

--------------------------- John C. Daffara. Oirector 

Human ResourceS & Govermental 

Mfa; rs 

by ---~-------------------------- Director, Region Three " 

International Representative 

Page 43 DTP009646 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 65 of 75 Pg ID 5717
---------------------------

R. A. Nuerge. Manager Benefits & Office Services 

---------------------------

Robert Cruea, Mgr. Labor 

Relations-Transmissions 

----------------------- Date signed 

-------~------------~----------

-------------------------------

-------------------------------

-------------------------------

Page 44 

DTP009647 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 66 of 75 Pg ID 5718
SUPPLEMENTAL RETIREMENT INCOME PROGRAM AGREEMENT 

THIS SUPPLEMENTAL R~TIREMENT INCOME PROGRAM AGREEMENT, entered into this 

12th day of March, 1996 between Borg-Warner Automotive Diversified 

Transmission Products corporation, Muncie Plant, hereinafter called the 

Company as defined in Article One, section 11 of the Retirement Income 

Program Agreement of even date, and the International Union, United 

Automobile, Aerospace and Agricultural Implement Workers of America, UAW, and its Local Union'No. 287, hereinafter called the Union as defined in 

Article One, Section 38, of the Retirement Income Program Agreement of 

even date. 

WITNESSETH IBAI: 

WHEREAS, the Company and the Union have entered into the Retirement 

Income Program Agreement dated March 12, 1996; and 

WHEREAS, the Company and the Union after negotiations have agreed upon provisions for the guaranteed payment by the company of certain 

retirement income benefits under certain conditions; and 

WHEREAS, the Company and the Union desire to incorporate such provisions in this Supplemental Retirement Income Program Agreement; " 

NOW, THEREFORE, the Company and the Union agree as follows: 

1. In the event that the Retirement Income Program established in the 

Retirement Incbme Program Agreement entered into on March 12, 1996 

is terminated in accordance with its terms by reason of the closing of the plants of the Company located in the City of Muncie and 

Delaware County, Indiana and the assets in the Trust Fund maintained 

pursuant to the Retirement Income Program Agreement at such time are 

not sufficient, if allocated in accordance with the terms of Section , of Article Twelve of said Retirement Income Program Agreement, to 

provide in full the benefits described in Subsections (a), (b), (c)(i), (c)(;;), (c)(ii1), and (c)(iv) of said Section 1, Article 

Twelve, the Company agrees to payor cause to be paid said benefits 

(and all Supplemental Allowances to which the Participants covered 

by Subsections. (a), (c)(;) and (c)(ii) of said Section 1, Article 

Twelve, are eligible for under Article Nine of the Retirement Income 

Program Agreement) as they from time to time become due to all 

persons eligible therefor under said Subsections to the extent that 

said benefits are not provided from the assets in said Trust Fund. 

The obligations of the Company hereunder may be discharged by the 

continuation of the Trust Fund and further contributions, in such 

amounts and at such time as determined by the Company in its 

discretion. to said Trust Fund or the purchase of insurance annuity contracts or such other manner as the Company deems appropriate. 

2. The Supplemental Retirement Income Program Agreement between the 

Company and the Union entered into on October 27, 1989, shall 

terminate as of March 11, 1996. This Supplemental Retirement Income 

Program Agreement shall be effective as of March 12, 1996 and shall 

continue in full force and effect until the execution of a 

Retirement Income Program Agreement which supersedes this Retirement 

Income PorgramAgreement. This Supplemental Retirement Income 

Program Agreement shall be subject to negotiation at the same time 

specified for negotiations on the subject of a Retirement Income 

Program under Section 2, Article Thirteen of said Retirement Income 

Program Agreement. 

Page 45 

DTP009648 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 67 of 75 Pg ID 5719
Executed at Muncie, Indiana, on the day and year written below. 

COMPANY 

BY --------------------------- Glen O. Eckelman, Director 

,Labor Relations & Compensation 

by 

John C. Daffara, Director 

Human Resources & Govermental Affairs 

---------------------------

R. A. Nuerge, Manager Benefits & Office Services 

------------------------------- Robert Cruea, Mgr. Labor 

Relations-Transmissions 

----------------------- Date signed 

UNION ------------------------------

Director, Region Three 

International Representative 

Page 46 

DTP009649 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 68 of 75 Pg ID 5720
FACTOR=$2.000 BORG-WARNER AUTOMOTIVE DTPC, MUNCIE MONTHl. Y PENSION AMOUNT=$2.00 ,~o , __ 41,c1195 UNTIL 411196 

_._ .......... _ •••• , .. ,. ....... ft_~ 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 69 of 75 Pg ID 5721
AUTOMOTIVE OTPC, MUNCIE MONTHLY PENSION AMOUNT=$2.083333 

<411196 UNTIL 4/1/97 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 70 of 75 Pg ID 5722
BORG-WARNER AUTOMOTNE DTPC. MUNCIE MONTHLY PENSION AMOUNT;$2.208333 

411/97 & AFTER 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 71 of 75 Pg ID 5723
EXHIBI'l' A 

Percentage or Retirement Benefit When Survivor Benefit Is Applicable 

A. When the participant is Older '!'han the Eligible Surviving Spouse 

1# Years Older 

1-5 years 

6 yrs 

7 yrs 

8 yrs 

9 yrs 

10 yrs 

11 yrs 

12 yrs 

13 yrs 14 yrs 

15 yrs 

16 yrs 

17 yrs 

18 yrs 

19 yrs 

20 yrs 

21 yrs 

22 yrs 23 yrs 

24 yrs 

25 yrs 

26 yrs 

27 yrs 

28 yrs 

29 yrs 

30 yrs 

31 yrs 

32 yrs 

33 yrs 

34 yrs 

35 yrS 

Automatic Survivor 

01 ReUrernent BenGnt 

94.5% 

94% 

93.5% 

93% 

92.5% 

92% 

91.5% 

91!iJ 

90.5% 

90% 

89.5% 

89% 

88.5% 

88% 

87.5% 

87% 

86.5% 

86% 

85.5% 

85% 

84.5% 

84% 

83.5% 

83% 

82.5% 

82% 

81.5% 

81% 

80.5% 

80% 

Optional Survivor Optional Survivor 

Uege{lt (75%) Be!leflHtOO%) 

93.8% 01 ReU""""nt Beneftt 91.9% olReUremonleenenl 

93.2% 91.1% 

92.6% 90.3% 

91.9% 89.5% 

91.3% 88.8% 

90.7% 88% 

90.1% 87.2% 

89.5% 86.4% 

88.8% 85.7% 

88.2' 84.9' 

87.6' 84.1' 

87% 83.4' 

86.4' 82.6' 

85.7% 81.8' 

85.1% 81.1% 

84.5% 80.3% 

83.9% 79.6% 

83.3% 78.9% 

82.6% 78.1% 

82% 77.4% 

81.4% 76.6% 

80.8% 75.9% 

80.2% 75.2% 

79.5% 74.5% 

78.9% 73.7% 

78.3% 73% 

77.7% 72.3% 

77.1% 71.6% 

76.4% 70.9% 

75.8% 70.2% 

75.2' 69.5% 

B. When the participant is YOWlger than Eligible Surviving Spouse 

Automatic Survivor Optional Survivor Optional Survlvor 

!¥ Yean Younger Benefit (60%1 Benentm%) Benefit (]OO%) 

1-5 yrs 95% 93.8% 91.9' 

6 yrs 95.5% 94.4% 92.7% 

7 yrs 96' 95' 93.5' 

8 yrs 96.5% 95.7% 94.3% 

9 yrs 97% 96.3% 95.1% 

10 yrs &: above 97.5 96.9% 95.9' 

page 50 

DTP009653 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 72 of 75 Pg ID 5724
MEMORANDUM OF UNDERSTANDING 

RETIREE/SURVIVOR BONUS 

TInS MEMO~UM OF UNDeRSTANDING, entered into this 12th day of March, 1995, 

between Borg-Wer Automotive Diversified Transmission Products Corporation, Muncie Plant, 

hereinafter catled th~ Company as defined in Article One, Section II of the Retirement Income 

Program Agreemen. of even date, and the International Union, United Automobile, Aerospace and 

Agricultural Imple~ent Workers of America, UAW, and its Locat Union No. 287, hereinafter cailed 

the Union as define4 in Article One. Section 38. of the Retirement Income Program Agreement of 

even date. I 

• 

WHEREAS, tho C<1mPaDY and tho Union are parties to a Retirement Income Program Agreement 

dated March 12, 1~95; 

i 

NOW 1HEREFORIB. the Company and tho Union agree that the Retiree/Survivor Bonus 

Arrangement, as defcribed in the Memorandum of Understanding between the Company and the 

Union entered into <In the 7th day of September 1986, sbalt be continued for the term of the 

Coilective Barga.inUjtg Agreement entered into this 12th day of March, 1995 subject to the 

foilowing provision,: 

1. Surviving ~ligible Spouses who were receiving benefits prior to March 12, 1995, and 

Retired EnitPloyees who retired prior to March 12, 1995 with Ten (10) or more years of 

Credited s~ce and are receiving a Normal Retirement Benefit, Early Retirement Reguiar 

Benefit, Sial Early Retirement Benefit or a Disability Retirement Benefit shall receive a 

scheduled nus payment in accordance with paragraph 4 below. Ir a Retired Employee 

who is eligible for a bonus payment hereunder dies, his Surviving Eligible Spouse will 

receive a bonus payment in accordance wi!h paragraph 4 (b) below for the remaining 

term ofth,s Memorandum of Understanding. 

2. Retired EtfPloyees who begin receiving a Normal Retirement Benefit on or after March 

12, 1995ll11d prior to April 1, 1996 and Surviving Eligible Spouses of such Retired 

Employee" shall receive a scheduled bonus payment payable April, 1997 pursuant to 

paragraph!4 below. 

3. Participanls who retire on and after April, 1996 shall not receive a scheduled bonus 

payment iIi accordance with paragraph 4 below. 

4. In each cas~ listed above where a Retired Employee or a Surviving Eligible Spouse shall 

receive a ~etiree/Survivor Bonus, the following Credited Service Schedules listed below as 

(a) or (b) ~hall apply. 

(a) Retired Erjlployee 411195 411196 411197 

with: 

25 or more yrs. $425 $425 $425 

15 but uni!er 25 yrs. $295 $295 $295 

10 but under 15 yrs. $230 $230 $230 

page 51 

DTP009654 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 73 of 75 Pg ID 5725
(b) Surviving Eligible 

Spouses of Retired 

Employees with: 

25 or more yrs. 

15 but under 25 yr •• 

10 but under 15 yrs. 

4/1/95 

Si35 

S165 

SUS 

mJ2§. 

S13S 

S165 

SUS 

4/1197 

S235 

S165 

SlZ5 

5. The Retiree/Surviving Spouse Bonus shall be paid based on the availability of funds 

accrued at a SO.19lhour Cost of Living Adjustment offset as provided in the Collective 

Bargaininll Agreement. Such Retiree/Survivor Bonus shall be paid annually with the 

first payment to be made in April, 1995, the second payment in April, 1996 and the 

last payment in April, 1997; provided however that if the funds are not adequate to 

pay the full bonus payments, a pro-rated amount, not less than the amounts set forth 

in the Memorandum of Understanding between the Company and the Union entered 

into on September 7, 1986, will be paid. Irrunds made available as described above in 

paragraph 4 exceed the amount necessary to pay the bonus payment, the excess 

amount will be retained to apply against future payments. 

Executed at Muncie, Indiana, on the day and year written below. 

COMPANY 

By 

Gle=n:-O"'.'" EcC':1k""e"'lm""':'"an-,'D1<'Ii""re"'c""to-rLabor-Relations 

John c. Daffara, Director 

Human Resources & Governmental 

Affairs 

it A. Nuerge, Manager Benefits . 

Robert Cruea, Manager 

Labor RelationsTransmissions 

Date of Agreement 

UNION 

By . Director, Region Three 

International Representative 

page 52 

DTP0096SS 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 74 of 75 Pg ID 5726
MEMPRANDUM OF UNDERSTANDING 

THIS MEMORANDUM OF UNDERSTANDING entered Into this 12th day of March, 1995 

between Borg-Warner A~'tomotlve Diversified Transmission Products Corporation, Muncie 

Plant, hereinafter called t e Company as defined In Article One, Section 11, of the Retirement 

Income Program Agree ent of even date, and the International Union, United Automobile, 

Aerospace and A!:Irlcultu~allm. plement Workers of Amerlcal UAW and its Local Union No. 287, hereinafter calledlhe Un on as defined In Article One, Secllon 38, of the Retirement Income 

Program Agreement of e en date. . , . WHEREAS, the Compan~ and the Union are parties to a Retirement Income Program Agreement dated March: 12, 1995, (the "Agreement"): 

NOW, THEREFORE, th~ Company and the Union agree as follows: 

1. Subject to paragraph;2 below, Article Nine, Section 4 of the Agreement shall be modified 

in the following manner: 

"An Employee re~iVlng Supplemental Allowance payments shall not be subject to the 

excess earnings nalty described in this Article Nine, Section 4 after three (3) full years have passed from,the date his benefits commence." 

2. Either the comfany p'r the Union reserves the right to unilaterally discontinue the 

modification se forth~in paragraph 1 above at the end of a plan ~ar If It becomes apparent that such modiflcatio shows adverse effects to the Agreement Implementation of this 

liberalization. One e ample might be an Indication of an unusual y large number of 

employees electing tl> retire, after adoption of this modification, but any other adverse effect 

could be cause for dIscontinuance. 

Executed at Muncie, Indiana. on the day and year written below. 

COMPANY UNION 

Glen O. Eckelman, Mal1ager Human Resources . by __ ~~~~~~~ __ __ Director, Region Three 

John C. Daffara. Vice Pfesldent 

Human Resources . 

R. A. Nuerge. : 

Manager-Benefits & Office Services 

Robert Cruea, Manager-Labor Relations-Transm Issrons 

Date of Agreement 

Page 53 

DTP009656 

2:09-cv-10918-PDB-MKM Doc # 104-8 Filed 05/14/12 Pg 75 of 75 Pg ID 5727