ARTICLE IV
RE-EMPLOYMENT OF RETIRED EMPLOYEE
(A) A Retired Employee shall not be entitled to a retirement benefit for any month PRIOR to the earlier of his Normal Retirement Age, or his completion of thirty, (30) years of Vested Service, in which he is employed for 64 or more hours of service (effective July 1, 2011, more than 100 hours of service in the case of Employment with a Covered Employer) in:
(i) An industry in which Employees covered by the Plan were employed and accrued benefits under the Plan as a result of such employment at the time that the payment of benefits commenced or would have commenced or the employee had not remained in or returned to employment, and
(ii) A trade or craft in which any Employee is or was employed (or supervising any such Employee) at any time under the Plan; or
(B) A Retired Employee shall not be entitled to a retirement benefit for any month AFTER his Normal Retirement Age, or his completion of thirty (30) years or Vested Service, in which he is employed for 64 or more hours of service (effective July 1, 2011, more than 100 hours of service in the case of Employment with a Covered Employer) in:
(i) An industry in which Employees covered by the Plan were employed and accrued benefits under the Plan as a result of such employment at the time that the payment of benefits commenced or would have commenced if the employee had not remained in or returned to employment, and
(ii) A trade or craft in which the Employee was employed at any time under the Plan (or supervising employees in such trade or craft), and
(iii) The geographic area covered by the Plan at the time that the payment of benefits commenced or would have commenced if the employee had not remained in or returned to employment; and
(C) Retirement benefit payments shall resume as of the first day of the month following the cessation of employment of the type described in (A) or (B) above. The amount of such payments shall be recomputed in accordance with Article III but based upon the Monthly Benefit Rate applicable when benefits were suspended unless the Employee returns to Covered Employment with an Employer who contributes to the Trust Fund on such Employee’s behalf at a Weekly Contribution Rate that is related to a higher Monthly Benefit Rate in the table in Article III and such contributions arc made for as long as the period for which the Employee was on retirement. In such case, the recomputed benefit shall be based upon the Monthly Benefit Rate one level higher than the Monthly Benefit Rate applicable when benefits were suspended. This recomputed benefit shall be reduced by the actuarial equivalent of the retirement benefit payments previously received from the Plan, provided that benefit as so reduced shall not be less than the benefit payable just prior to the suspension of benefits.
(D) The Pension Plan shall be entitled to repayment of any retirement benefits mistakenly paid to a Retired Employee during periods of employment of the type described in paragraphs (A) or (B) or this Article IV. The Plan may collect such repayment by deducting amounts from subsequent benefit payments not in excess of 25 percent of that month’s total benefit payment which would have been due but for the deduction or by any other permissible means.
(E) Any Retired Employee who becomes employed or self-employed in any capacity after the commencement of benefits shall notify the Administrator of such employment within 30 days of the beginning of such employment and furnish any additional information which the Administrator may request concerning such employment.
Article V. Section I.
Appeals Procedure
Any Participant or beneficiary of a Participant who applied for benefits under this Plan and is ruled ineligible by the Trustees (or by an administrator acting for the Trustees) or who believes he did not receive the full amount of benefits to which he is entitled, or who is otherwise adversely affected by any action of the Trustees, shall have the right to request the Board or Trustees to designate a Hearing Panel (to be composed of at least two Trustees) to conduct a hearing in the matter, provided that he makes such a request, in writing, within sixty (60) days after being apprised of or learning of, the Board’s action.
The Hearing Panel shall then conduct a hearing, at which the Participant or beneficiary shall be entitled to present his position and any evidence in support thereof. The Participant or beneficiary may be represented at any such hearing by an attorney or by any other representative of his choosing. Thereafter, the Trustees shall issue a written decision reaffirming, modifying or setting aside their former action.
If the Participant or beneficiary is dissatisfied with the written decision of the Trustees, he shall have the right to appeal the matter to arbitration in accordance with the labor arbitration rules of the American Arbitration Association, provided that he submitted a request for arbitration to the Board of Trustees, in writing, within sixty (60) days of receipt of the written decision.
The question for the arbitrator shall be whether, in the particular instance, the Trustees (1) were in error upon an issue of law, (2) acted arbitrarily or capriciously in the exercise or their discretion, or (3) whether their findings of fact were supported by substantial evidence.
The administration fees of the American Arbitration Association shall be borne equally by the appealing party, and by the Trust Fund, and the arbitrator’s fee and expenses shall also be borne equally, unless the arbitrator, in his award, should assess such expenses against either of the parties. The decision of the arbitrator shall be final and binding upon the Trustees and upon the appealing party.
The procedures specified in this section shall be the sole and exclusive procedures available to a Participant or beneficiary of a Participant who is dissatisfied with an eligibility determination, or benefit award, or who is otherwise adversely affected by any action of the Trustees.
SUSPENSION OF BENEFITS
Definitions
Industry
Business Activities of the type engaged in by any Employer maintaining the Plan
Trade or Craft
(a) A skill or skills learned during a significant period of training or practice which is applicable in occupations in some industry; or
(b) A skill or skills relating to selling, retaining, managerial, clerical or professional occupation; or
(c) Supervisory activities relating to a skill or skills described in (a) or (b) above.
Geographic Area
Is defined as the state or states in which contributions were made or required to be made, and the remainder of any Standard Metropolitan Statistical Area (SMSA) that falls in part within such state; determined as of the time benefits commenced or would have commenced.
JOB CLASSIFICATIONS COVERED
(Representative List*)
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Administrative Assistant |
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Assembly Worker |
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Boiler Cleaner |
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Business Agent/Representative |
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Cake Decorator |
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Cashiers |
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Checker |
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Chemical Compounder |
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Circulation Representative |
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Claims Clerk |
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Cleaner |
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Clerical Worker (including Fund administrative personnel) |
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Claims/Benefit Processor |
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Collector |
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Computer Operator |
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Computer Programmer |
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Countermen |
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Customer Service Attendant |
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Customer Service/Member Service Representative |
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Department Head |
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Delivery Person |
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Dishwasher |
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Dispatcher |
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Dispatcher Mixer |
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Driver (including Limousine driver) |
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Foreman (Garage and Working) |
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Fork Lift Operator |
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Freezermen |
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Garage Employee |
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Gasser |
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Greaser |
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Groundskeeper |
|
Guards |
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Helper |
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Installer |
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Jockeys (Valet) |
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Laborer |
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Loader |
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Maintenance Man |
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Managers/Supervisors of covered job classifications |
|
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Masseurs |
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Material Handler |
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Meat Cutter |
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Mechanic |
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Messenger |
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Packer |
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Painter |
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Parking Attendant |
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Partsman |
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Payroll Auditor |
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Plan Administrator |
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Platform Worker |
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Porter |
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Produce Clerk/Workers |
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Receiver |
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Repairman |
|
Riggers |
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Salesman |
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Sanitation Worker |
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Secretary |
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Servicemen (oil) |
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Shipper |
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Sheet Metal Worker |
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Sorter |
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Spotter |
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Steamer |
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Stockroom Attendant |
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Store Clerks |
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Telephone Operators |
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Tireman |
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Tow Motor Operator |
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Train Operator |
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Utility Man |
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Unloader |
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Union Organizer |
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Warehouseman |
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Washer |
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Weigher |
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Welder |
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Wrapper |
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Yardman |
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* This listing is only a guide and is not all-inclusive. Before undertaking post retirement employment, you are required to notify the Fund of such employment or potential employment so that an appropriate determination as to suspendible status may be made. A detailed job description from the employer may be required.
