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Pension Plan

 
Definitions

Actuarial Present Value
unless otherwise specified in the Plan means:

  1. For determinations as of any Annuity Starting Date that is on or after July 1, 1999, a benefit that has the same actuarial value as another benefit based on the following:
    1. For purposes of calculating the value of a lump sum:
      1. The "applicable mortality table" for a year is the tableprescribed for use in that year in Regulations under Code Section417(e), and which until modified or superseded, is the table set forthin Revenue Ruling 95-6, and
      2. The "applicable interest rate" is, for a Calendar Year, theannual rate of interest on 30-year Treasury securities as specified bythe commissioner of the Internal Revenue Service for the November (as published in December) immediately preceding the Calendar Year that contains the Annuity Starting Date.
    2. For all other purposes:
      1. The interest rate assumption shall be seven percent (7%) per year.
      2. Where the Participant is not disabled per Section3.08, the mortality assumption shall be the 1971 Group Annuity MortalityTable weighted as follows:
        1. for a Participant’s benefit, 100% male and 0% female;
        2. for the benefit of a Participant’s spouse or former spouse, 0% male and 100% female,
        3. in any other case, 50% male and 50% female
      3. Where the Participant is disabled per Section 3.08, the PBGC Mortality Tables for Disabled Lives Eligible for Social Security Disability Benefits weighted according to (B) above. For payment to the spouse or former spouse of the disabled Participant, the mortality assumption shall be according to (B) above.
  2. For Annuity Starting Dates prior to July 1, 1999, a benefit that has the same actuarial value as another benefit determined on the following basis:
    1. The interest rate assumption shall be the interest rate prescribed by the Pension Benefit Guaranty Corporation for valuing annuities under single employer plans that terminate after November 30, 1980, without Notice of Sufficiency during the first day of the CalendarYear in which the benefit is valued.
    2. For payment where the Participant is not disabled per Section 3.08, the mortality assumption shall be that prescribed in Section 1.01.a.(2)(B) above.
    3. For payment where the Participant is disabled per Section 3.08, the mortality assumption shall be that prescribed in Section 1.01.a.(2)(C) above.
  3. For determinations as of any Annuity Starting Date that is onor after January 1, 2003, the "applicable mortality table" shall be thatdescribed in Section 16.05.
  4. "Actuarial Equivalent" means two benefits of equal Actuarial PresentValue based on the actuarial factors and assumptions specified in the provision in which that phrase is used or, if not otherwise specified, based on the assumptions described in this Section.

Annuity Starting Date

  1. "Annuity Starting Date" for a Participant means the first day of the first calendar month starting after the Participant has fulfilled all of the conditions for entitlement to benefits and after the later of:
    1. The first day of the month after submission by the Participant of a completed application for benefits, or
    2. 30 days after the Plan advises the Participant of the available benefit payment options.
  2. Notwithstanding subsection a. above, the Annuity Starting Date mayoccur and benefits may begin before the end of the 30-day period, provided:
    1. The Participant’s benefit was previously being paid because of an election after the Normal Retirement Age, or
    2. The benefit is being paid out automatically as a lump sum under Section 11.11, or
    3. The Participant and legal spouse (if any) consent in writing tothe commencement of payments before the end of the 30-day period anddistribution of the pension begins more than 7 days after the writtenexplanation was provided to the Participant and spouse.
  3. Notwithstanding subsection a. above, a Participant who hasattained Normal Retirement Age and consented to waive the 30-day periodin accordance with subsection b.(3), may, as set forth in the delayedretirement provisions in Section 11.10, elect an Annuity Starting Datethat is retroactive to the first day of any month following the date hehad both attained Normal Retirement Age and fulfilled all of theconditions for entitlement to benefits except for the filing of anapplication.
  4. The Annuity Starting Date will not be later than the Participant’s Required Beginning Date.
  5. The Annuity Starting Date for a Beneficiary or alternate payeedesignated under a Qualified Domestic Relations Order will be determinedunder this Section, except that references to the Husband-and-WifePension and spousal consent do not apply.
  6. A Participant who retires before his Normal Retirement Age andthen earns additional benefit accruals under the Plan throughreemployment will have a separate Annuity Starting Date determined underthis Section with respect to those additional accruals, except that anAnnuity Starting Date that is on or after Normal Retirement Age shallapply for any additional benefits accrued through reemployment afterthat date.

Association
means the Northern California Painting and Finishing Contractors Association/FCA Affiliate.

Bargaining Group
means any group of Employees (a) covered by a Collective Bargaining Agreement which has thesame terms and conditions, or (b) employed by a Local Union, District Council or the Board ofTrustees. The Bargaining Group applicable to each Participant is theBargaining Group in which theParticipant was employed when the first Contribution was made to the Fund on his behalf.

Calendar Year
means the period from January 1 to the next December 31.For purposes of ERISA regulations, the calendaryear shall serve as the vesting computation period and benefit accrual computation period, and after theinitial period of employment, the computation period for eligibility to participate in the Plan.

Collective Bargaining Agreement
means any contract by and between the Association or any Employer, and any LocalUnion or District Council, including any and all extensions, amendments or renewals thereof.

Contributions
means the payments made or required to be made to the Pension Fund by a Contributing Employer with respect to work performed in Covered Employment.

Contributions
shall also include or exclude any other amounts as determined orspecified by Board resolution (for exampleexcluding the $.54 per hour used to fund the Service Pension asdescribed in subsection 3.13.c.(1)).

For purposes of determining the amount of pension benefits under Article III, a Participant shall be credited with Contributions for periods of Qualified Military Service based on the Employer Contribution rate that would have otherwise applied if the Participant had not entered Qualified Military Service, but continued to work in Covered Employment. The hours for such Contributions shall be credited in accordance with Section 6.05. Contributions for Qualified Military Service shall be required to be an expense of the Plan and no additional Employer Contributions shall be required.

Contribution Date
means January 1, 1960 or such later date as may be fixed by the Board of Trustees for aBargaining Group. The Contribution Date to be applied to eachParticipant is the date applicable to theBargaining Group in which the Participant was employed when the first Contribution to the Fund was made on his behalf.

Contribution Period
means, with respect to a category of employment, the period during which an Employer isobligated by a Collective Bargaining Agreement to contribute to the Fund with respect to the categoryof employment, or the period for which Contributions are in fact madeto the Fund if the employment is not covered by a CollectiveBargaining Agreement.

Contributory Hours
means (a) compensable hours of Covered Employment for whichContributions are made tothe Fund, or (b) hours credited for certain absences from Covered Employment pursuant to Section 6.05.

Covered Employment
means work as an Employee as defined in Section 1.13.

Continuous Non-Covered Employment
means employment for a Contributing Employer in a job not covered by this Planwhich is continuous with a Participant’s Covered Employment with thesame Contributing Employer. Aperiod of Non-Covered Employment will be considered to be continuous with Covered Employmentonly if there is no termination of employment between the periods of Covered and Non-Covered Employment.

District Council
means District Council 16 of the International Union of Painters andAllied Trades.

Employee
means (a) any person who performs work covered by a CollectiveBargaining Agreementbetween the District Council or Local Union and the Association orotheremployers, and forwhom the Employer is obligated to make Contributions to the PensionTrust Fundand any person whohas previously performed work covered by a Collective BargainingAgreementbetween an Employerand a Local Union or District Council and who satisfies the requirementsadoptedby the Trustees; (b)any full-time salaried officer or representative of a District Councilor Local Unionwhich extendspension coverage to such officers or representatives pursuant toregulations adopted bythe Trustees; (c)any employee of the Board of Trustees who, pursuant to resolution of theBoard ofTrustees, isincluded under the Pension Plan; (d) any other persons who, pursuant toresolution of theBoard of Trustees,are included under the Pension Plan. The term "Employee" does notinclude any selfemployed person, whether a sole proprietor or a partner.

Employee
includes a leased employee of a Contributing Employer, within themeaning of Section 414(n) ofthe Internal Revenue Code, who otherwise meets the conditions forparticipation, vesting and/or benefit accrual under the Fund.

For purposes of participation, nondiscrimination, vesting and benefit limits, all leased employees as defined in Code Section 414(n) or 415(o) who have performed services for a Contributing Employer on a substantially full-time basis for a period of at least one year shall be treated as employed by a Contributing Employer except to the extent such leased employees are excluded under the safe harbor exemption of Code Section 414(n)(5).

Employer or Contributing Employer
means any corporation, individual or partnership which haspresently in force or hereafter executes, or is a member of a chapter ofthe Association or is a member ofany employer association, which has executed on its behalf, or isotherwise bound by, a CollectiveBargaining Agreement with a Local Union or District Council, whichAgreement provides for Contributionsinto the Pension Trust Fund, and shall also include any employer who maybe authorized by the Trustees tomake payments into the Pension Trust Fund on behalf of particularemployees, and any DistrictCouncil or Local Union which extends pension coverage to its full-timesalaried officers andrepresentatives pursuant to regulations adopted by the Board ofTrustees, and also the Board of Trustees.

An employer shall not be deemed a Contributing Employer simply because it is part of a controlled group of corporations (within the meaning of Section 1563(a) of the Internal Revenue Code, determined without regard to Section 1563(a)(4) and (e)(3)(C)), or of a trade or business under common control (within the meaning of Section 414(c) of the Internal Revenue Code), some other part of which is a Contributing Employer.

For purposes of identifying Highly Compensated Employees andapplying the rules on participation,vesting and statutorylimits on benefits under the Fund but not for determining CoveredEmployment,the term "Employer"includes all members of an affiliated service group with the Employerwithin themeaning ofInternal Revenue Code §414(m) and all other businesses aggregated withthe Employerunder Internal Revenue Code §414(o).

Highly Compensated Employee
means each highly compensated active employee and highly compensated former employee of a Contributing Employer. Whether an individual is a highly compensated employee is determined separately with respect to each Contributing Employer, based solely on that individual’s compensation from or status with respect to that Contributing Employer. A highly compensated active employee is an employee of the Contributing Employer who performs service for the Contributing Employer during the determination year and who:

  1. During the look-back year received compensation from the Contributing Employer in excess of $80,000 (as adjusted under Section 414(q) of the Internal Revenue Code) and was one of the top 20 percent (20%) of the employees of the Contributing Employer during the look-back year when ranked on the basis of the compensation during that year.
  2. Is a five percent (5%) owner at any time during the look-back year or the determination year.
  3. The "determination year" is the Plan Year for which the test is being applied, and the "look-back year" is the 12-month period immediately preceding that Plan Year.

A "highly compensated former employee" is an employeewho was a Highly Compensated Employee when he or sheseparated from service or was a Highly Compensated Employee at any timeafter attaining age55. The determination of who is Highly Compensated Employee will be madein accordance with Section 414(q) of the Internal Revenue Code and theregulations there under.

Hours of Service
means each hour for which an Employee is paid or entitledtopayment by aContributing Employer after the Contribution Date, directly orindirectly, but excludingany timecompensated under a workers’ compensation law (except if contributionsare made duringsuch period inaccordance with the Collective Bargaining Agreement) or an unemploymentcompensationlaw or a planpursuant to a mandatory disability benefits law, and excluding any hoursof nonworktime in excessof 501 hours in any continuous period. "Hours of Service" shall alsoinclude hoursfor which backpay, irrespective of mitigation of damages, is awarded or agreed to byan Employer, tothe extentthat such award or agreement is intended to compensate an Employee forperiods duringwhich theEmployee would have been engaged in the performance of duties for theEmployer. Twoperiods ofpaid non-work time shall be deemed continuous if they are compensatedfor the same reasonand are not separated by at least 90 days. Furthermore,whenever it is necessary to compute Hours of Service in situations where no work is performed or where pay iscomputed on other than an hourly basis, or to determine the computation periods to which Hours of Servicewill be credited, the Trustees will establish a rule specifically permitted under applicable lawfulregulations issued by the Department of Labor under ERISA, or some other rule no less favorable to theParticipant.

Local Union
means any Local Union affiliated with District Council No. 16 of the International Brotherhood of Painters and Allied Trades, which LocalUnion is a party to a Collective Bargaining Agreement requiring Contributions to this PensionFund.

Non-Bargained Employee
means a Participant whose participation is not covered by a Collective Bargaining Agreement.

Normal Retirement Age
means the later of:

  1. Age 65 or
  2. The earlier of:
    1. The age of the Participant on the fifth anniversary of hisparticipation in the Plan, disregarding Plan participation beforeJanuary 1, 1988, or
    2. The age of the Participant on the tenth anniversary of his participation in the Plan. Participation before a Permanent Break in Service shall not be counted.

Participant
means a Pensioner, Beneficiary, or an Employee who meets therequirements forparticipation in this Plan as set forth in Article 2, or a formerEmployee who has attained VestedStatus under this Plan. A "Beneficiary" is a person (other than anEmployee or a Pensioner) who isreceiving benefits under this Plan because of his or her designation forsuch benefits by a deceased Pensioner or Participant.

Pension Fund or Fund
means this Trust and this Fund and shall include allContributions to the Trust Fund created under the Trust Agreementreceived by the Trustees under the saidCollective Bargaining Agreements and any additional Contributionsthereto that may hereafter beagreed upon by the parties under these said Collective BargainingAgreements, or other collectivebargaining agreements between the parties, or any modification,amendment, or revision or extensionthereof, together with all income, increments, earnings and profitstherefrom, and all other funds (asdefined in the Trust Agreement) received by the Trustees for the uses,purposes and trusts set forth in theTrust Agreement. The terms "Pension Fund" or "Fund" shall also beinterchangeable with the term "Pension Trust" and with the term "Trust Fund".

Pensioner
means a person to whom a pension is being paid under this Plan or to whom a pension would be paid but for the time required for administrative processing.

Plan
means this Pension Plan and any modification, amendment, extension or renewal thereof.

Plan Year
means the Pension Fund’s fiscal year, the twelve-month period from January 1 through December 31 of the same year.

Prior Plan
means the Pension Plan as amended January 1, 1964 and all revisionsor amendments and modifications thereto, effective prior to January 1,2003.

Qualified Military Service
means a Participant’s qualified military or other uniformed service period under the Uniformed Services Employment andReemployment Rights Act of 1994 (USERRA), 38 USC Chapter 43.

Notwithstanding any provision in the Plan to the contrary, vesting, benefits and service credit with respect to Qualified Military Service will be provided in accordance with USERRA and Section 414(u) of the Internal Revenue Code. Qualified Military Service will count for purposes of earning Credited Current Service, benefit accruals, and avoiding a Break in Service or Separation in Covered Employment provided the following conditions are satisfied:

  1. A Participant must have reemployment rights under USERRA; and
  2. A Participant must not have incurred a One-Year Break in Service at the time he entered QualifiedMilitary Service.

Required Beginning Date
means with respect to any Participant 70 1/2 on or afterJanuary 1, 1988, the April 1 of the calendar year following thecalendar year in which the Participant attains age 70 1/2.

Trust Agreement
means the Trust Agreement dated January 1, 1960 establishing the Bay Area Painters Pension Trust Fund and any modification, amendment, extension or renewal thereof.

Trusteesor Board of Trustees or Board
means the Board of Trustees established by the Trust Agreement.

Vested Participant
means an Employee who has attained Vested Status in accordance with the provisions of Section 6.07.

Other selected terms are specifically defined as follows:

Term Sections(s)
ERISA 2.01
Regular Pension 3.02 and 3.03
Early Retirement Pension 3.04 and 3.05
Disability Pension 3.06 and 3.07
Service Pension 3.13 and 3.14
Pro Rata Pension 4.08 and 4.09
Partial Pension 5.05 and 5.08
Years of Credited Service
Credited Past Service
6.02
Credited Current Service 6.03
Benefit Units 6.04
Break in Service (One-Year Break in Service, Permanent Break in Service) 6.06
Separation from Covered Employment 6.08
Husband-and-Wife Pension 7.01
Level Income Option 10.01
Retired or Retirement 11.13

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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Dublin, CA 94568-7756

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