Article 3. Participation of Employees
This Section contains rules for determining when an
Employee becomes a Participant in the Plan and the effect of a Break in Service
on his participation in the Plan. It
should be noted that once an Employee has become a Participant, the provisions
of this Plan may give him credit in accordance with the rules of the Plan for
some or all of his service before he became a Participant.
An Employee who is engaged in Covered Employment with a Contributing Employer
shall become a Participant in the Plan on the first January 1 or July 1
immediately following completion of one (1) Year of Service.
(a)
One-Year Break in Service
(1)
Cessation of Participation
If a Participant incurs a One-Year Break in Service
(as defined in Section 4.13(b)), he shall cease to be a Participant as of the
last day of the Calendar Year in which his One-Year Break in Service occurred,
unless such Participant is a Pensioner or has attained Vested Status under
Section 8.07.
(2)
Service Disregarded Before One-Year Break in Service
If a former Participant who has
incurred a One-Year Break in Service returns to Covered Employment, any period
of service earned before the Employee incurred a One-Year Break in Service shall
not be taken into account until he has again completed a Year in Service
following his return to Covered Employment.
However, in determining whether an Employee completes a Year of Service
after his return, his Eligibility Computation Period shall be measured by the
12-consecutive month period beginning on such Employee’s Reemployment
Commencement Date (as defined in paragraph (4) below) and, if necessary,
Calendar Years beginning with the Calendar Year that includes the first
anniversary of his Reemployment Commencement Date.
(3)
Effective Date of Participation After Reemployment
Except as provided in
subsection (b) below, upon completing a Year of Service in accordance with
paragraph (2) above, the Employee shall again participate in the Plan effective
as of his Reemployment Commencement Date; provided that the Employee is engaged
in Covered Employment on his Reemployment Commencement Date.
If an Employee is not engaged in Covered Employment on his Reemployment
Commencement Date, the Employee’s participation in the Plan shall be
reinstated effective as of the first day on which he is credited with an Hour of
Work in Covered Employment following his Reemployment Commencement Date.
(4)
Reemployment Commencement Date
For
purposes of this subsection (a), an Employee’s “Reemployment Commencement
Date” is the first day on which he would be credited with an Hour of Work for
the performance of duties for an Employer after the first Calendar Year (i.e.,
first Eligibility Computation Period) in which he incurs the One-Year Break in
Service under Section 4.13.
(b)
Return to Covered Employment after Permanent Break in Service
If a former
Participant returns to Covered Employment after incurring a Permanent Break in
Service (as defined in Section 4.13(d)), he will be treated as a new Employee
upon his return to Covered Employment and all prior Years of Service will be
disregarded for purposes of this Article 3.
In that case, the former Participant shall again become a Participant in
accordance with Section 3.02.