SUMMARY PLAN DESCRIPTION
2002 EDITION

Leaving Work

Break in Service After Your Contribution Date

The purpose of the Pension Plan is to provide retirement benefits to employees who have worked in Covered Employment continuously over a period of time.  However, the Plan recognizes that there may be times when your employment is interrupted.

If you are vested and leave Covered Employment before you reach age 65, you continue to be eligible for a pension.  Click here for more information.

If you leave Covered Employment, you may incur a Break in Service.  There are two kinds of Breaks in Service:

  • One-Year in Service, and
  • Permanent Break in Service.

One-Year Break in Service

If you do not complete at least 435 Hours of Work in Covered Employment during any calendar year after 1975, you will have a One-Year Break in Service.  To avoid incurring a Break in Service, you may include work with a Contributing Employer in Non-Covered Employment that is continuous with work in Covered Employment with the same Employer.  If you are not vested, One-Year Breaks in Service may result in a Permanent Break in Service.

Generally, you incur a One-Year Break in Service when you complete fewer than 435 Hours of Work in Covered Employment during any calendar year. For exceptions to this rule, click here.

Permanent Break in Service

Generally, 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:

  • You will no longer be a Participant in the Plan, and
  • All of your Years of Service and Pension Credit will no longer be counted for participation, vesting and Pension Credit purposes.

If you return to Covered Employment after a Permanent Break in Service:

  • You are treated as a new employee, and
  • All previous work in Covered Employment is not included in determining your eligibility to participate in the Plan or receive a pension.

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).

For Example:

Steve has a Contribution Date in 1994 and he earns the following hours of Future Service Pension Credit:

Calendar Year

Hours Earned

Steve incurred a Permanent Break in Service at the end of 2001 because he had five consecutive One-Year Breaks in Service from 1997 through 2001.

Suppose, however, that Steve had worked 435 or more hours in Covered Employment in 2001.  In that case, he would not have incurred a Permanent Break in Service and all of the Years of Service and Pension Credit he earned since he began working in 1994 would not be lost.

1994

660

1995

1400

1996

1400

1997

350

1998

0

1999

0

2000

400

2001

300

2002

1400

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.

Permanent Break in Service

Generally, a Permanent Break in Service means you have five consecutive One-Year Breaks in Service.

After you have a Permanent Break in Service,  you lose all of your Years of Service and Pension Credit earned before the Permanent Break in Service unless you meet the requirements to have your Pension Credit restored.

When Break in Service Rules Do Not Apply

Military Leave

You 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.

 

Length of Military Service

Reemployment Deadline

Less than 31 days

Within 1 day after discharge (allowing 8 hours for travel)

31 through 180 days

Within 14 days after discharge

More than 180 days

Within 90 days after discharge

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 Leave

If 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.

Maternity/Paternity Leave is leave taken for:
  • Pregnancy,
  • Birth or adoption of a child, or
  • Care of a child after birth, adoption, or placement for adoption.

Family and Medical Leave

During 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.

FMLA Leave is taken for:
  • Pregnancy,
  • The birth, adoption, placement with you for foster care or adoption of a child,
  • The care of a seriously ill spouse, parent or child, or
  • Your own serious illness.

Other Exceptions to the Break in Service Rules

A 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 Service

If 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.

For Example

Dale is not vested when he leaves Covered Employment in June 1994 with 50 months of Future Service Pension Credit. Dale incurred five One-Year Breaks in Service and therefore incurred a Permanent Break in Service. Dale later returns to Covered Employment in June 2004.

Dale continues to work in Covered Employment until he attains Vested Status. From June 2004 until he attains Vested Status, he earns 55 months of Future Service Pension Credit. Because Dale incurred a Permanent Break in Service, his Years of Service before the break will not be counted in determining his eligibility. However, his 50 months of Future Service Pension Credit before the break will be restored and used in calculating the type and amount of his pension.

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%.

 
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