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Permanent Break in ServiceGenerally, you have a Permanent Break in Service when you incur five consecutive One-Year Breaks in Service before you are vested. If you incur a Permanent Break in Service:
If you return to Covered Employment after a Permanent Break in Service:
Once you incur a Permanent Break in Service, you may become
a Participant again by meeting the Plan’s participation requirements (click
here for participation requirements).
You Years of Service earned before the Permanent Break in Service will
not be restored, but you may have your Pension Credit restored (see Restoration
of Future Service Pension Credit after Permanent Break in Service).
If you left Covered Employment before January 1, 1985, Permanent Breaks in Service were determined differently. After 1975 and Before 1985 If you had less than four Years of Service, you incurred a Permanent Break in Service if you had at least three consecutive One-Year Breaks in Service, including at least one after 1975. If you had four or more Years of Service you incurred a Permanent Break in Service when your consecutive One-Year Breaks in Service equaled or exceeded your Years of Service. However, no Permanent Break in Service was incurred in any three consecutive calendar year period if you earned at least six months of Future Service Credit in those three years. Before 1976 If you did not earn at least six months of Future Service Credit in three consecutive calendar years, you incurred a Permanent Break in Service.
When Break in Service Rules Do Not ApplyMilitary LeaveYou may receive Pension Credit if you leave Covered Employment to serve in any of the uniformed services of the United States and then return to Covered Employment. Generally, if you return to work within five years from the time you enter service, you will: § Not have a Break in Service, and § Earn Pension Credit (generally up to five years) for the time you were in the military. To be eligible to earn Years of Service and Pension Credit for your military service you must: § Notify your Employer and the Plan that you have been called to service, § Leave service under honorable conditions (do not receive a dishonorable discharge), and § Report back to work or apply for reemployment within the time frame required by law after you complete your active duty as outlined in the following table.
Upon your return to work from military service, you will
generally be credited with the number of Years of Service (up to five), years of
Pension Credit (up to five) and Contribution Hours you would have earned during
your period of service if you had continued working rather than serving in the
uniformed services of the United States. Maternity/Paternity LeaveIf during a Plan Year from 1985 on, you are absent from work for maternity/paternity leave, you will be credited with up to 435 Hours of Work in that Plan Year or in the immediately following Plan Year to prevent a One-Year Break in Service. You will be credited with the number of Hours of Work you would normally have been credited with, or if this cannot be determined, eight Hours of Work per day of absence up to 435. These hours are applied to prevent a One-Year Break in Service and do not count toward Years of Service or Pension Credit.
Family and Medical LeaveDuring a leave of up to 12 weeks, your absence will not count toward a One-Year Break in Service, provided such leave was granted by your Employer in accordance with the Family Medical Leave Act (FMLA). You must return to work in Covered Employment on or before the expiration date of the FMLA leave of absence. Your unpaid FMLA leave will not be treated as Credited Service for purposes of eligibility to participate in the Plan or earning Years of Service or Pension Credit.
Other Exceptions to the Break in Service RulesA Permanent Break in Service will not occur if the Break in Service resulted from any of the following: § Service as a full-time elected or appointed officer or employee of the Union, § For years before January 1, 2000, small business ownership (limited to 10 years) in which you employed no more than four people, including yourself, who were covered by a Collective Bargaining Agreement, provided you worked inside as a sheet metal worker (not outside erecting) and that you subsequently returned to Covered Employment. Restoration of Future Service Pension Credit after Permanent Break in ServiceIf you have a Permanent Break in Service, you may repair it by returning to Covered Employment. You may receive a month of your Future Service Pension Credit that was lost due to the Permanent Break in Service for each month of Future Service Pension Credit that you complete after your return to Covered Employment. To be eligible for this restoration of credit: § You must reach Vested Status based on work in Covered Employment after your Permanent Break in Service, § You must perform at least one Hour of Work in Covered Employment on or after July 1, 2001 and before December 31, 2004, § You must have lost at least 48 months of Future Service Pension Credit as a result of your Permanent Break in Service, and § You may use this right to restoration only once, limited to Future Service Pension Credit lost as a result of your most recent Permanent Break in Service. Any Future Service Pension Credit that is restored will not be used in determining a Lump Sum Death Benefit.
The value of any restored Future Service Pension Credit is based on the total monthly pension amount that was lost through the Permanent Break in Service, determined under the terms of the Plan in effect at the time you last worked in Covered Employment before the Permanent Break in Service. The value is restored on a percentage basis, based on the number of months of Future Service Pension Credit worked after your return to Covered Employment divided by the number of months of Future Service Pension Credit lost through the Permanent Break in Service. The percentage cannot be greater than 100%. | | Copyright © 2000. Sheet Metal Workers' National Pension Fund. All
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