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Article 1. DefinitionsSection
1.01 Accrued Benefit
The term “Accrued Benefit” shall mean generally the annual pension benefit provided under the Plan commencing at Normal Retirement Age. Notwithstanding the foregoing, the term “Accrued Benefit” shall be interpreted in accordance with Section 411(a)(7) of the Code and the Treasury Regulations promulgated thereunder. Section 1.01A Actuarial Equivalent, Actuarially EquivalentThe term “Actuarial Equivalent” or “Actuarially Equivalent” shall mean the actuarial equivalent of a benefit determined using the following assumptions: a 7.5% interest rate and the 1983 GAM Table with sex distinct mortality rates, with the Participant valued as a male and the Spouse or Alternate Payee valued as a female. Notwithstanding the foregoing, for purposes of determining a pre-retirement spouse’s benefit under Section 6.03(d) and a lump-sum distribution under Section 8.05(b), the Actuarial Equivalent present value shall be determined using the following assumptions: the applicable mortality table as defined in Code Section 417(e)(3)(A)(ii)(I), and the annual interest rate on 30-year Treasury securities for November of the preceding year. Section
1.02 Allocation Date
The term “Allocation Date” shall mean each October 31. Section
1.03 Beneficiary
The term “Beneficiary” shall mean a person (other than
a Pensioner) who is designated by a Participant in accordance with Section 7.04
or by reason of Article 6 to receive periodic benefit payments from the Plan or
who is receiving benefits by reason of such designation or by reason of the
terms of Article 6. Section
1.04 Benefit Rate
Section
1.05 Code
The term “Code” shall mean the Internal Revenue Code of
1986, as amended from time to time. Any
reference in the Plan to a particular section of the Code shall be deemed to
include any Treasury Regulation (Title 26 of the Code of Federal Regulations) or
other form of guidance implementing or interpreting such Code section.
A reference to a Treasury Regulation shall include any successor Treasury
Regulation. Section
1.06 Collective Bargaining Agreement or Agreement
The term “Collective Bargaining Agreement” or “Agreement” shall mean any labor contract between an Employer and the Union which provides for contributions to this Fund, together with any renewal, modification, or amendment thereof or successor agreement thereto. Section
1.07 Compensation
(a) The term “Compensation” shall mean the wages actually paid or made available to an Employee by the Employer during the Plan Year. For this purpose, “wages” shall have the meaning given such term in Section 3401(a) of the Code (withholding at the source), but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or the services performed. An Employee’s Compensation shall be determined in accordance with Treasury Regulation Section 1.415-2(d)(11)(ii). Effective January 1, 1998, the term “Compensation” shall also include any amounts contributed by the Employer during the Plan Year pursuant to an elective deferral under Code Section 402(g), or which is excludable from the Employee’s gross income under Section 125, 132(f)(4), or 457 of the Code; before January 1, 1998, the term “Compensation” included such amounts solely for the purpose of Section 13.02(a) of the Plan (relating to the definition of “Key Employee”). (b) The special rule in the prior plan relating to the definition of Key Employee under Section 13.02(a) of the Plan is eliminated effective January 1, 1998. (c) Annual Compensation Limitations (1)
For each Plan Year beginning on or after January 1, 1989, and before
January 1, 1994, the Compensation of each Participant taken into account for
determining all benefits provided under the Plan for such Plan Year shall not
exceed $200,000. This limitation
shall be adjusted by the Secretary of Treasury at the same time and in the same
manner as under Section 415(d) of the Code, except that the dollar increase in
effect for any Plan Year shall be the increase that is in effect at the
beginning (i.e., January 1) of such Plan Year and the first adjustment to the
$200,000 limitation is effective on January 1, 1990. This limitation shall be applied as if each Contributing
Employer separately maintained this Plan. (2)
For each Plan Year beginning on or after January 1, 1994, the
Compensation taken into account for determining all benefits provided under the
Plan for such Plan Year shall not exceed $150,000, as adjusted for the
cost-of-living in accordance with Section 401(a)(17)(B) of the Code.
For any Plan Year, the cost-of-living adjustment shall be that which is
in effect at the beginning (i.e., January 1) of such Plan Year.
This limitation shall be applied as if each Contributing Employer
separately maintained this Plan. (3)
If Compensation for any prior Plan Year is taken into account in
determining a Participant’s benefits for the current Plan Year, the
Compensation for such prior Plan Year is subject to the applicable annual
Compensation limit in effect for that prior period. For this purpose, in determining benefits in Plan Years
beginning on or after January 1, 1989, the annual Compensation limit in effect
for Plan Years beginning before that date is $200,000.
In addition, in determining benefits in Plan Years beginning on or after
January 1, 1994, the annual Compensation limit in effect for Plan Years
beginning before that date is $150,000. (4)
The special rule used in Section 1.37(c)(3) of the prior plan regarding the
application of former Code Section 414(q)(6) to the definition of Compensation
was eliminated effective for Plan Years beginning on or after January 1, 1997. Section
1.08 Construction Work; Non-Construction Work
(a) The term “Construction Work” shall mean work performed as a building trades or industrial journeyman or building trades apprentice, or work performed in any other job classification commonly understood to be construction work in the Sheet Metal Industry for purposes of collective bargaining. The term “Construction Work” shall also mean (1) work performed as a Covered Employee of a Participating Local or Related Organization unless such Employer’s adoption agreement provides otherwise, and (2) work performed by an Owner-Member for an Employer whose employees perform Construction Work, provided that such Owner-Member continues to perform Construction Work or previously performed Construction Work covered under the Plan. Any reference in an adoption agreement or any other document relating to the Plan to “Plan A” shall be deemed to be a reference to Construction Work or, if applicable, those portions of the Plan in which reference is made to Construction Work. (b) The term “Non-Construction Work” shall mean any work that is not “Construction Work” as defined in (a) above. Any reference in an adoption agreement or any other document relating to the Plan to “Plan B” shall be deemed to be a reference to Non-Construction Work or, if applicable, those portions of the Plan in which reference is made to Non-Construction Work. Section
1.09 Continuous Non-Covered Employment
The term
“Continuous Non-Covered Employment” shall mean Non-Covered Employment that
precedes or follows Covered Employment where no quit, discharge or retirement
occurs between such periods of Covered Employment and Non-Covered Employment.
The determination of whether Non-Covered Employment is Continuous
Non-Covered Employment shall be made in accordance with Labor Regulation Section
2530.210, except that the term “contiguous non-covered service” shall be
substituted for the term “Continuous Non-Covered Employment” when such term
is used in the Plan. Section
1.10 Contributing Employer or Employer
(a)
The term “Contributing Employer” or “Employer” shall mean any
employer, whether directly or through an employer association, who: (1) has a Collective Bargaining Agreement with the Union requiring periodic contributions to the Fund created by the Trust Agreement; (2) participates in the Plan in accordance with the provisions of Article 2 hereof, and such other conditions or requirements as the Trustees may impose; and (3) whose status as a Contributing Employer has not been terminated by the Trustees for failing to comply with its participation obligations. In
the case of a Contributing Employer having more than one place of business, the
term “Contributing Employer” shall only apply to the place or places of
business covered by the Collective Bargaining Agreement. (b)
The term “Contributing Employer” or “Employer” shall also mean: (1) A Related Organization participating in the Plan in accordance with Section 2.06; (2) A Political Subdivision, as that term is used in the Labor Management Relations Act, 29 U.S.C. Section 152(2), accepted for participation in the Plan by the Trustees in accordance with the provisions of Article 2; or (3) A Participating Local which contributes to the Plan on the same basis as other Contributing Employers. However, effective January 1, 1999, if a Participating Local does not execute an adoption agreement (or similar agreement) in a form acceptable to the Trustees, on or before such date, the Participating Local shall cease to be a Contributing Employer, until such time that the Participating Local executes an adoption agreement (or similar agreement) in a form acceptable to the Trustees. After January 1, 1999, a Participating Local that joins the Plan as a Contributing Employer must execute an adoption agreement (or similar agreement) in a form acceptable to the Trustees. A Participating Local’s status as a Contributing Employer is conditioned upon compliance with the requirements of Section 401(a) of the Code, ERISA and the terms of the adoption agreement (or similar agreement). Failure to comply with those requirements may result in the termination of the Participating Local’s status as a Contributing Employer in accordance with Article 12. Nothing in this subsection (b)(3) shall be construed to relieve any Participating Local of any obligation it has to contribute to the Fund prior to the effective date of its adoption agreement (or similar agreement) or the effective date on which a Participating Local ceases to be a Contributing Employer under this subsection (b)(3). (4) The Plan, but only with respect to employees within the meaning of Treasury Regulation Section 1.410(b)-6(d)(2)(ii). (c)
The term “Contributing Employer” shall also mean any entity that is
obligated to make periodic contributions to the Fund for work performed in a job
classification, and at a place of business, covered by a Collective Bargaining
Agreement with a Participating Local. (d)
An Employer shall not be deemed a Contributing Employer simply because it
is part of a controlled group of corporations or of a trade or business under
common control, some other part of which is a Contributing Employer. Section
1.11 Contribution Date
The term
“Contribution Date” shall mean the first date for which a Contributing
Employer was or shall be obligated by a Collective Bargaining Agreement or other
applicable agreement to make contributions to the Pension Fund. The
“Contribution Date” to be applied to each Employee shall be the date for
which a Contributing Employer first became obligated to make contributions to
the Pension Fund on his behalf. Section
1.12 Contribution Rate and other Related Terms
(a) The term
“Contribution Rate” means the amount that the Contributing Employer is obligated
to pay to the Fund for each Hour of Work in Covered Employment. Terms related to
Contribution Rate include the terms defined in (b) through (e) below. Section
1.13 Covered Employee or Employee
(a)
The term “Covered Employee” or “Employee” shall mean: (1) Effective July 1, 2001, for persons hired or rehired on or after July 1, 2001, any person who is included in a unit of employees covered by a Collective Bargaining Agreement and who performs work covered by a Collective Bargaining Agreement for a Contributing Employer, other than an Owner-Member; provided, however, that if a person (i) performs work that is Non-Construction Work for a Contributing Employer, or (ii) effective September 1, 2001, for persons hired or rehired on or after September 1, 2001, performs work that is residential or service work, or work as a pre-apprentice for a Contributing Employer, or (iii) effective March 1, 2002, for persons hired or rehired on or after March 1, 2002, performs work in any classification other than as a building trades journeyman or building trades apprentice, and the person’s Collective Bargaining Agreement provides in substance that no Plan contributions will be made for any new employee who performs such work during a specified period of time that does not exceed the first 90 calendar days (whether or not consecutive) of his or her employment, the person shall not be either a Covered Employee or an Employee during such specified period of time. (2) Any person who is employed by the Plan, who is not included in a collective bargaining unit represented by the Union but who is permitted to be treated as so included pursuant to the rules set forth in Treasury Regulation Section 1.410(b)-6(d)(2)(ii), and who has signed a standard form of agreement with the Plan providing for such person’s participation in the Plan and setting forth the Contribution Rate for such person. (b) The term “Covered Employee” or “Employee” shall also mean an employee of a Related Organization which is a Contributing Employer who (1) is included under the definition of the term “Covered Employee” in the Related Organization’s adoption agreement, which is hereby incorporated by reference, or (2) if there is no such definition in the adoption agreement, a salaried or hourly paid employee of the Related Organization, other than an employee who is included in a unit of employees covered by a bona fide agreement which the Secretary of Labor finds to be a collective bargaining agreement between bona fide employee representatives and the Related Organization (provided, there is evidence that retirement benefits were the subject of good faith bargaining between the employee representatives and the Related Organization), unless the collective bargaining agreement provides for coverage of the employee under the Plan. A sample form of adoption agreement for Related Organizations that are health or welfare funds or pension funds is attached to and made a part of the Plan as Appendix C. (c)
The term “Covered Employee” or “Employee” shall also mean a salaried or
hourly paid employee of a Participating Local who is included under the
definition of “Covered Employee” in the Participating Local’s adoption
agreement, which is hereby incorporated by reference. Notwithstanding
anything to the contrary, a salaried or hourly employee who is included in a
unit of employees covered by a bona fide agreement which the Secretary of Labor
finds to be a collective bargaining agreement between bona fide employee
representatives and the Participating Local shall not be treated as a “Covered
Employee” or “Employee” (provided, that there is evidence that retirement
benefits were the subject of good faith bargaining between the bona fide
employee representatives and the Participating Local), unless such collective
bargaining agreement specifically provides for coverage of the employee under
the Plan. (d)
Notwithstanding the provisions of Section 1.13(a)(1), an Owner-Member
shall be a “Covered Employee” or an “Employee” if (1) a Contributing
Employer is required to contribute to the Plan on behalf of the Owner-Member
pursuant to a Collective Bargaining Agreement, or (2) the Owner-Member is
employed by a Contributing Employer, is not included in a collective bargaining
unit represented either by the SMWIA or by a Local Union of the SMWIA but is
permitted to be treated as so included pursuant to the rules set forth in
Treasury Regulation Section 1.410(b)-6(d)(2)(ii), and the Owner-Member’s
Employer contributes to the Plan on behalf of the Owner-Member in order to
continue to provide benefits previously provided to the Owner-Member as a
Covered Employee without regard to this Section 1.13(d). If a Contributing
Employer contributes to the Plan on behalf of an Owner-Member pursuant to
Section 1.13(d)(2), the Plan and the Trust Agreement shall be deemed to be a
successor agreement to the Collective Bargaining Agreement under which such
Owner-Member was most recently covered, by so-contributing the Employer agrees
to be bound by the terms of the Plan and Trust Agreement, and such Owner-Member
shall be deemed to continue to be covered under such Collective Bargaining
Agreement, including any changes thereto, at the position the Owner-Member most
recently held under such Collective Bargaining Agreement for purposes of
determining the Contribution Rate and the Contribution Hours on behalf of the
Owner-Member. If a Contributing Employer employing an Owner-Member fails
to make contributions to the Plan with respect to any Covered Employee,
including the Owner-Member, the Owner-Member shall cease to be a Covered
Employee as of the first day of the month that follows the due date of the
unpaid contribution(s). In such case, the Owner-Member shall become a
Covered Employee again when the Contributing Employer resumes making timely
contributions to the Plan on behalf of all its Covered Employees, including the
Owner-Member; provided, however, that the Owner-Member shall not be in Covered
Employment for the one-year period commencing on the date of such resumption. (e)
Notwithstanding anything in this Section to the contrary, the term “Covered
Employee” or “Employee” shall not include any individual who is the sole
proprietor of or a partner in a business organization, or an independent
contractor. Section
1.14 Covered Employment
Except
as otherwise provided herein, the term “Covered Employment” shall mean work
performed by an Employee on behalf of one or more Contributing Employers in his
capacity as a Covered Employee under Section 1.13(a), (b), (c) or (d) above, and
shall also mean work performed by a bona fide “Salted” organizer, but only
for purposes of, and as defined in, Section 4.12 of the Plan.
Notwithstanding the foregoing, if a Contributing Employer that
contributes to the Plan with respect to an Owner-Member fails to make
contributions payable to the Plan with respect to any Covered Employee, as
further described in Section 1.13(d), the term “Covered Employment” shall
not include any work performed by the Owner-Member for a one-year period
commencing on the date that the Contributing Employer again timely contributes
to the Plan on behalf of all of its Covered Employees. For
purposes of granting Past Service Credit under Article 4 of the Plan, the term
“Covered Employment” shall have the meaning given to such term in Section
4.02(c) of Appendix A. Except as
otherwise required by the Code or ERISA, Covered Employment shall not, however,
include employment with an employer after termination of that employer’s
status as a Contributing Employer. Section 1.15 Disability BenefitsThe term "Disability Benefits" means the benefits described in Article 16. Section
1.16 Eligibility Computation Period
An Employee’s
initial “Eligibility Computation Period” shall be the 12-consecutive month
period beginning on the date the employee first performs an Hour of Work for a
Contributing Employer (the “employment commencement date”).
Thereafter, the Employee’s “Eligibility Computation Period” shall
be each Calendar Year, beginning with the Calendar Year commencing prior to the
first anniversary of the Employee’s employment commencement date, regardless
of whether an Employee is credited with a Year of Service during his initial
Eligibility Computation Period.
For purposes of Article 3, both Years of Service and Breaks in Service
shall be computed with reference to the Employee’s Eligibility Computation
Period, as defined in this Section. Section
1.17 ERISA
The term
“ERISA” shall mean the Employee Retirement Income Security Act of 1974, as
amended from time to time. Any
reference in the Plan to a particular section of ERISA shall be deemed to
include any Labor Regulation (Title 29 of the Code of Federal Regulations) or
other form of guidance implementing or interpreting such section of ERISA.
A reference to a Labor Regulation shall include any successor Labor
Regulation. Section
1.18 Fund or Pension Fund
The term
“Fund” or “Pension Fund” shall mean the Sheet Metal Workers’ National
Pension Fund, which is the Trust Fund created by the Trust Agreement, and which
forms a part of the Plan. As used
in the Plan, the term “Fund” or “Pension Fund” shall generally mean the
monies or other things of value which comprise the corpus and additions to the
Trust Fund. Section
1.19 Fund Office
The term “Fund
Office” shall mean the principal place of business of the Plan. Section
1.20 Future Service Credit
The
term “Future Service Credit,” with respect to any Covered Employee, shall
mean the periods of his Covered Employment subsequent to the Contribution Date
for which Pension Credit is granted to him in accordance with Article 4. Section
1.21 Hour of Work
(a) The term “Hour of Work” shall mean each hour for which an Employee is paid or entitled to payment for the performance of duties for an Employer or each hour for which back pay, regardless of mitigation of damages, is either awarded or agreed to by the Employer. Hours of Work shall be computed and credited in accordance with Labor Regulation Section 2530.200(b). (b)
An Hour of Work for which an Employee is paid at time-and-a-half is
credited as one and one-half Hours of Work if the Employer is required to
contribute at one and one-half times the Contribution Rate for such Hours of
Work. An Hour of Work for which an
Employee is paid at double time is credited as two Hours of Work if the Employer
is required to contribute at two times the Contribution Rate for such Hours of
Work. Section
1.22 Local, Local Union
The term
“Local” or “Local Union” shall mean a local union chartered by the SMWIA. Section
1.23 Non-Covered Employment
The term
“Non-Covered Employment” shall mean work performed for one or more
Contributing Employers which would not be Covered Employment as defined in
Section 1.14. Section
1.24 Normal Retirement Age
(a) For Participants who commenced participation in the Plan on or after January 1, 1988, the term “Normal Retirement Age” shall mean the later of: (1) the date on which the Participant attains age 65, or (2)
the date which is the fifth (5th) anniversary of the first day
of the Plan Year in which the Participant commenced participation in the Plan,
provided he is a Participant on such fifth (5th) anniversary. (b) For Participants who commenced participation in the Plan prior to January 1, 1988, the term “Normal Retirement Age” shall mean the later of: (1) the date on which the Participant attains age 65, or (2)
the date which is the earlier of (i) the tenth (10th)
anniversary of the first day of the Plan Year in which the Participant commenced
participation in the Plan or (ii) the fifth (5th) anniversary of the
first day of the first Plan Year beginning on or after January 1, 1988 (i.e.,
January 1, 1993), provided he is a Participant on such anniversary. (c) For purposes of this Section, participation prior to a Permanent Break in Service shall be disregarded, and the date on which participation in the Plan commences shall be the date on which a Participant again satisfies the requirements of Section 3.02 following such Permanent Break in Service. (d) For purposes of this Section, the date on which a Participant commenced participation in the Plan shall not be affected by a One-Year Break in Service, provided that all prior Years of Service and Pension Credit are restored under Section 4.13(c) of the Plan and participation is reestablished under Section 3.04(a)(2). Section
1.25 Normal Retirement Benefit
The term
“Normal Retirement Benefit” for any Participant shall mean the periodic
benefit under the Plan commencing at his Normal Retirement Age, or if greater,
the periodic benefit under the Plan commencing upon his retirement prior to
Normal Retirement Age. Notwithstanding
the foregoing, a Participant’s Normal Retirement Benefit under the Plan shall
be determined in accordance with Section 411(a)(9) of the Code and Treasury
Regulation Section 1.411(a)-7(c). Section
1.26 Owner-Member
An Owner-Member is any person who (a)(1) is included in a unit of employees covered by a Collective Bargaining Agreement, or (2) is permitted to be treated as so included pursuant to the rules set forth in Treasury Regulation Section 1.410(b)-6(d)(2)(ii), (b) is employed by a Contributing Employer, (c) owns stock in, or is an officer or director of, such Contributing Employer, and (d) for such persons described in Section 1.26(a)(1), performs work covered by the Collective Bargaining Agreement. Section
1.27 Participant
The term
“Participant” shall mean a Pensioner, a Beneficiary, or an Employee who
meets the requirements for participation in the Plan as set forth in Article 3,
or a former Employee who has attained Vested Status under Section 8.07 of the
Plan. Section
1.28 Participating Local
The term
“Participating Local” shall mean a Local that participates in the Plan for
the purpose of providing coverage under the Plan for employees represented by
the Union for the purpose of collective bargaining.
The term “Participating Local” shall also include a Local that
contributes to the Plan under the terms of Section 1.10(b)(3). Section
1.29 Past Service Credit
The
term “Past Service Credit” shall mean periods of employment prior to the
Contribution Date for which Pension Credit is granted in accordance with Article
4. Section
1.30 Pension Credit
The term
“Pension Credit” shall, unless otherwise indicated, mean the Future Service
Credit and Past Service Credit that is granted in accordance with Article 4 and
which is used to determine eligibility for benefits and, in some cases, the
amount of benefits payable under the Plan. Section
1.31 Pensioner
The term “Pensioner” means a Participant to whom a pension
or disability benefit under the Plan is being paid or would be payable but for
the time required for administrative processing. Section
1.32 Plan or Pension Plan
The term
“Plan” or “Pension Plan” shall mean the provisions of the Sheet Metal
Workers’ National Pension Fund, as amended and restated effective January 1,
2002 (except as otherwise specified herein), as set forth in this document,
together with any subsequent amendments duly adopted by the Trustees,
participation, adoption or similar agreements, terms of merger agreements, or
any other documents duly adopted by the Trustees. Section
1.33 Plan Year
or Calendar Year
The terms “Calendar Year” and “Plan Year” shall mean the
twelve (12) consecutive month period commencing on January 1 and ending on
December 31. For purposes of ERISA, the Calendar Year shall serve as the vesting
computation period, the benefit accrual computation period, and, after an
individual’s initial period of employment, the computation period for
eligibility to participate in the Plan. The terms “Calendar Year” and “Plan
Year” may be used interchangeably. Section
1.34 Related Organization
The term
“Related Organization” shall mean a health or welfare fund, a pension plan,
including the Plan, a joint apprenticeship committee, or such other organization
which the Trustees find furthers the interests of the employees represented by a
Participating Local or District Council (as defined in the SMWIA’s
constitution), or the interests of the Sheet Metal Industry, and which
participates in the Plan as a Contributing Employer under Section 2.06 of the
Plan. Notwithstanding the foregoing, or any agreement to the
contrary, effective June 15, 1996, the term “Related Organization” shall
exclude the Plan. Section
1.35 Sheet Metal Industry
The
term “Sheet Metal Industry” shall mean any and all types of work covered by
Collective Bargaining Agreements to which the Union and/or any Local are a
party; or under the trade jurisdiction of the Union, as that trade jurisdiction
is described in the SMWIA’s constitution; or in a related building trade; or
any other work to which a sheet metal worker has been assigned, referred, or can
perform because of his skills and training as a sheet metal worker. However, for purposes of Sections 4.08, 5.02(a)(5)(A)(iii),
5.04(b), 5.05(c), 16.03(a)(5), 16.04(a)(5), 7.01(b), 8.06(d)(1), and 5.02(a)(5)(A)(iii)
of Appendix A only, the term “Sheet Metal Industry” shall not include: (a) Employment as a bona fide “Salted” Organizer, as certified in writing to the Fund Office by the SMWIA; provided, however, that any single period of employment with the same employer as a bona fide “Salted” organizer shall not exceed 12 months; (b) Employment in a related building trade; provided, however, that such employment is on referral by and authorized by the Union; or (c) employment for a Contributing Employer in a management position not covered by the Collective Bargaining Agreement. Section
1.36 SMWIA
The term
“SMWIA” shall mean the Sheet Metal Workers’ International Association, or
any successor to the SMWIA. Section
1.37 Trust Agreement
The term “Trust Agreement” shall mean the Agreement and
Declaration of Trust establishing the Sheet Metal Workers’ National Pension
Fund entered into as of the 16th day of May, 1966, together with any
amendments thereto, or any amendment and restatement thereof. Section
1.38 Trustees
The term “Trustees” shall mean the persons who are
acting as Employer Trustees and Union Trustees pursuant to the provisions of the
Trust Agreement. Section
1.39 Union
The term “Union” shall mean the SMWIA and/or any Local. Section
1.40 Year of Service
(a) The term “Year of Service” for any Employee shall mean a consecutive 12-month period (i.e., the Eligibility Computation Period for purposes of Article 3 or the Calendar Year for purposes of Section 8.07) during which the Employee completes at least 870 Hours of Work in Covered Employment. (b) For purposes of subsection (a) above, Hours of Work in Non-Covered Employment shall count toward a Year of Service to the extent that (and only to such extent) the Non-Covered Employment is Continuous Non-Covered Employment; provided that, for purposes of determining a Participant’s Vested Status under Section 8.07, this subsection (b) shall apply only with respect to Hours of Work performed after December 31, 1975. To the extent that Non-Covered Employment is not Continuous Non-Covered Employment, Hours of Work in Non-Covered Employment shall not count toward a Year of Service for purposes of subsection (a) above. (c) Notwithstanding any provision in this Plan to the contrary, Years of Service shall be determined in accordance with the requirements of Labor Regulation Section 2530.210. | |
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