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Pension Plan

 
Pro-Rata Pensions

Purpose
Pro Rata Pensions are provided under this Plan for Employees who wouldotherwise be ineligible for a pension because their years of employmenthave been divided between employment creditable under this Plan andemployment creditable under another pension plan or whose pension wouldotherwise be in less than the full amount because of such division ofemployment.

Related Plans
By resolution duly adopted, the Board of Trustees may recognize another pension plan as a Related Plan.

Related Hours
The term “Related Hours” means hours of employment which arecreditable under a Related Plan.

Related Credit
The term “Related Credit” means years of service, or portions thereof,creditable to an Employee under a Related Plan, excluding however, anyRelated Credit based on work of the type which had it been performedunder this Plan, would be Continuous Non-Covered Employment.

Combined Credited Service
The term “Combined Credited Service” means the total of an Employee’sRelated Credit plus the Credited Service accumulated under the Bay AreaPainters and Tapers Pension Trust Fund (hereinafter referred to as “BayArea Credited Service”), excluding any Credited Service earned inContinuous Non-Covered Employment.

Combined Benefit Units
The term “Combined Benefit Units” means the total of an Employee’sRelated Credit, plus Benefit Units accumulated under this Plan(hereinafter referred to as “Bay Area Benefit Units”).

Non-Duplication
An Employee shall not receive double credit under this Plan and a Related Plan for the same period of employment.

Pro Rata Pension – Eligibility

  1. An Employee who is Retired shall be eligible for a Pro Rata Pension if he meets the following requirements:
    1. He would be eligible for a Pension (other than a Service Pension)under this Plan was his Combined Credited Service treated as Bay AreaCredited Service.
    2. He has accumulated one Bay Area Contributory Benefit Unit and atleast one year of contributory service credit with a Related Plan.

      In addition to the above, the Participant must have filed a formalapplication for benefits in accordance with Section 11.01. TheParticipant’s Annuity Starting Date shall be established in accordancewith Section 1.02.
  2. Related Hours shall be considered in determining whether anEmployee has incurred a Break in Service, as defined in Section 6.06, ora Separation from Employment as defined in Section 6.08.

    However, once an Employee has left employment for which contributionsare made to this or a Related Plan, the determination as to whether hehas had a Permanent Break in Service under this Plan shall be basedsolely on his Credited Service earned during this Plan and not upon hisCombined Credited Service.
  3. Related Credits shall be considered to determine eligibility formonthly payments to the survivor of an Employee under Section 7.05.

Amount of the Pro Rata Pension
A Pro Rata Pension effective on or after January 1, 1976, shall be amonthly amount determined in the same way as the Regular Pension (orDisability Pension, if applicable) based only on the Bay Area BenefitUnits. The benefit amount so obtained is reduced in accordance withSection 3.05 if the Employee is qualified for a Pro Rata EarlyRetirement Pension.

Payment
Payment of a Pro Rata Pension shall be subject to all of theconditions applicable to the other types of pensions under this Plan.

Partial Pensions

Purpose
Partial Pensions are provided under this Plan for employees who wouldotherwise lack sufficient service credit to be eligible for any pensionbecause their years of employment were divided between different pensionplans or, if eligible, whose pensions would be less than the fullamount because of such division of employment. To provide such partialpensions, this Plan is signatory to the “Reciprocal Agreement for JointIndustry Pension Funds of all District Councils and Local UnionsAffiliated with the International Brotherhood of Painters and AlliedTrades.” Wherever referred to in this Article, “signatory plans” shallmean plans that are signatory to that Agreement.

Recognized Pension Credits
For purposes of this Plan, the term “pension credits” shall mean thoseperiods of service during which credit is granted for benefit accrualpurposes. Pension credits shall not necessarily cover periods for which aplan grants credit for vesting purposes under ERISA. Pension creditsaccumulated and maintained by an employee under this Plan shall berecognized by the other signatory plans. Pension credits under each planshall be based on the rules in effect in that plan at the time theemployment occurred.

Total Pension Credit
The Pension credit granted under this Plan and the other signatoryplans together comprise the employee’s total pension credit. In no casewill more than one (1) year of pension credit be counted for any twelve(12) consecutive calendar months. Section 5.04.

Combined Service Credit
If an employee has, in a calendar year, worked under two (2) or moreplans and accumulated fractional years of pension credit which togetheradd up to more than one (1) year of credit for that Calendar Year, thenthe pension credit recognized under all plans shall be limited to one(1) year. Pension credit will first be counted under the plan to providethe highest benefit level. The other plan(s) shall count as pensioncredit the necessary fractional year(s), in a declining benefit levelorder, which will bring the total to exactly one (1) year of pensioncredit for the employee.

Eligibility
An employee shall be eligible for a Partial Pension under this Plan if he satisfies all of the following requirements:

  1. He would be eligible for any type of pension under this Plan ifhis total pension credit were treated as service under this Plan; and
  2. He has, under each of the signatory plans in which he has credited service, at least one (1) year of pension credit; and
  3. In the case of an employee applying for a pension based ondisability, he is able to meet the definition of Total Disability inthis Plan; and
  4. In the case of an employee applying for a pension based on age, he meets the minimum age requirements in this Plan.

In addition to the above, the Participant must have filed a formalapplication for benefits in accordance with Section 11.01. TheParticipant’s Annuity Starting Date shall be established in accordancewith Section 1.02.

Breaks in Service
In applying the rules of this Plan with respect to cancellation ofpension credits, any pension credit earned during a period in which theemployee worked in the jurisdiction of another signatory plan, shall beconsidered in determining whether there has been a permanent break inservice. However, once an employee has left the coverage of all thesignatory plans, the determination as to whether he has a permanentbreak in service under each signatory plan shall be determined by eachplan based solely on the vesting service earned under that plan, not onthe combined pension credit.

Election of Pensions
If an employee is eligible for more than one type of pension under thisPlan, he shall be entitled to select the type of pension he is toreceive.

Partial Pension Amount
The amount of the Partial Pension payable under this Plan for which anemployee qualified shall be the benefit amount he accrued under thisPlan during the period he earned the pension credit.

Payment of Partial Pensions
The payment of a Partial Pension shall be subject to all of theconditions contained in this Plan applicable to other types of pensions.

Other Benefits
The obligation of each of the signatory plans is limited to pensionbenefits, including survivor’s pensions after retirement payable as aresult of election of a Husband- and-Wife Pension or guaranteed periodpayments. This “partial pensions” provision shall not apply to anypre-retirement death or survivor’s benefits. Other benefits provided byany of the plans, after retirement, such as lump sum death benefits,level income or lump sum options, health benefits, etc., are not coveredby this provision. However, nothing in this provision shall prohibitany plan(s) from providing such benefits in accordance with its ownrules and regulations.

Benefit Increases
If an employee leaves the jurisdiction of one of the signatory plans andthe benefit level in that plan is later increased, benefits from thatplan shall be computed at the benefit level in effect at the time theemployee last earned pension credits under that plan.

Application Procedure
The plan under which an employee first makes application for thebenefits shall initiate the processing of a partial pension with theother signatory plans based upon information supplied by the employee asto where he worked. Each plan agrees to provide the other plans withcomplete data, certified by an authorized administrator or planemployee, in order to process partial pensions promptly.

References to specific section(s) of the Plan can be found in the Official Plan Document under Plan Documents on this website.

Contact Plan Administrator

Telephone NumberPhone:
(866) 894-3705

ContactEmail:
paintersinfo@hsba.com

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