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Summary Plan Description

Suspension Of Pension Benefit Payments

(This section has been revised effective 10/1/2000
Please click Here for the revisions to the Suspension of Pension Benefit Payment Rules and the summary of the revisions.)

If you return to work after you retire, the payment of your monthly benefit will be suspended by the Trustees if you engage in Suspendible Employment. The rules governing the suspension of benefits are based upon the U. S. Department of Labor regulations at 29 C.F.R. 2530.203-3.

Early Retirement

If you retire early (between ages 55 and 60), with an effective retirement date of September 1, 1992 or thereafter, and you return to work after you retire, the payment of your monthly benefit will be suspended by the Trustees for each month that you engage in any Suspendible Employment. While you are receiving Early Retirement Benefits, you are permitted to work an unlimited number of hours in employment which is determined to be non-Suspendible Employment.

"Suspendible Employment" for retirees receiving Early Retirement Benefits is defined as employment in any capacity whether as an employee, self-employed individual, supervising or management employee, (1) in the Industry and in a trade or craft in which the Participant was employed at any time in Covered Employment, or (2) employment with a Contributing Employer in any capacity.

"Industry" is defined as any business activities of the types in which any Participants in the Plan were employed in Covered Employment by Contributing Employers, at the time that a Participant's pension benefit payments commenced or would have commenced if the Participant had not remained in or returned to Covered Employment.

A Participant's "trade or craft" is defined as employment which requires the retired Participant to either (1) perform the same services the Participant performed at any time he was in Covered Service, or (2) use the same skills the Participant learned at any time he was in Covered Service, or (3) supervise other employees who perform the same services the Participant performed at any time he was in Covered Service.

Examples

John, a truck driver, retires at age 56 from ABC Trucking Co. and is receiving Early Retirement Benefits from the Plan effective September 1, 1999. John then becomes employed as a truck driver by XYZ Trucking Co. on October 1, 1999 and works 30 hours each month thereafter. XYZ Trucking Company is a non-Union company and does not contribute to the Plan.
Plan Action: John's Early Retirement Benefits will be suspended effective October 1, 1999, because John is employed in Suspendible Employment as a truck driver (a trade or craft John performed while previously covered with the Plan). Remember, if you are receiving Early Retirement Benefits, you cannot be employed in any Suspendible Employment even if the Employer is non-Union.

Bill, a warehouseman, retires at age 58 from CBS Warehouse Co. and is receiving Early Retirement Benefits from the Plan effective September 1, 1999. Bill then becomes employed as a full-time clerical employee by XYZ Trucking Co. on October 1, 1999. XYZ Trucking Co. is a Contributing Employer to the Plan.
Plan Action: Bill's Early Retirement Benefits will be suspended effective October 1, 1999, because he is employed in Suspendible Employment. Although Bill is employed by XYZ Trucking Co. in a different trade or craft then he was by CBS Warehouse Co., XYZ Trucking Co. is a Contributing Employer and a retiree receiving Early Retirement Benefits cannot be employed in any capacity by a Contributing Employer.

Mike, a truck driver, retires at age 57 from ABC Trucking Co. and is receiving Early Retirement Benefits from the Plan effective September 1, 1999. Mike then becomes reemployed on October 1, 1999 by ABC Trucking Co. as a supervisory employee. ABC Trucking Co. is a Contributing Employer to the Plan.
Plan Action: Mike's Early Retirement Benefits will be suspended effective October 1, 1999, because he is employed in Suspendible Employment. While Mike is receiving Early Retirement Benefits, he is not permitted to be employed by a Contributing Employer in any capacity, despite the fact that he is a supervisory employee following retirement.

Remember, if you work in Suspendible Employment while you are receiving early retirement benefits, your benefits will be suspended for each month you are working in Suspendible Employment. Once you reach Normal Retirement Age (age 60), any employment by you will then be governed by the Normal Retirement suspension of benefit rules explained at page 59.

25-And-Out And 30-And-Out Retirement

If you retire prior to age 60 with 25-And-Out or 30-And-Out Retirement Benefits, and you return to work after you retire, the payment of your monthly benefits will be suspended by the Trustees for each month that you engage in any Suspendible Employment. While you are receiving 25-And-Out or 30-And-Out Retirement Benefits, you are permitted to work an unlimited number of hours in employment which is determined to be non-Suspendible Employment.

The provisions for determining "Suspendible Employment" for retirees receiving 25-And-Out or 30-And-Out Retirement Benefits prior to age 60 are the same provisions as those governing Early Retirement as explained at page 56. Upon attaining age 60, the provisions for determining "Suspendible Employment" are the same provisions as those governing Normal Retirement as explained at page 59.

Examples

John, a truck driver, retires at age 54 from ABC Trucking Co. and is receiving 25-And-Out Retirement Benefits from the Plan effective September 1, 1999. John then becomes employed as a truck driver by XYZ Trucking Co. on October 1, 1999 and works 30 hours each month thereafter. XYZ Trucking Company is a non-Union company and does not contribute to the Plan.
Plan Action: John's 25-And-Out Retirement Benefits will be suspended effective October 1, 1999, because John is employed in Suspendible Employment as a truck driver (a trade or craft John performed while previously covered with the Plan). Remember, if you are receiving 25-And-Out or 30-And-Out Retirement Benefits (prior to age 60), you cannot be employed in any Suspendible Employment even if the Employer is non-Union.

Bill, a warehouseman, retires at age 54 from CBS Warehouse Co. and is receiving 30-And-Out Retirement Benefits from the Plan effective September 1, 1999. Bill then becomes employed as a full-time clerical employee by XYZ Trucking Co. on October 1, 1999. XYZ Trucking Co. is a Contributing Employer to the Plan.
Plan Action: Bill's 30-And-Out Retirement Benefits will be suspended effective October 1, 1999, because he is employed in Suspendible Employment. Although Bill is employed by XYZ Trucking Co. in a different trade or craft then he was by CBS Warehouse Co., XYZ Trucking Co. is a Contributing Employer and a retiree receiving 25-And-Out or 30-And-Out Retirement Benefits (prior to age 60) cannot be employed in any capacity by a Contributing Employer.

Mike, a truck driver, retires at age 54 from ABC Trucking Co. and is receiving 30-And-Out Retirement Benefits from the Plan effective September 1, 1999. Mike then becomes reemployed on October 1, 1999 by ABC Trucking Co. as a supervisory employee. ABC Trucking Co. is a Contributing Employer to the Plan.
Plan Action: Mike's 30-And-Out Retirement Benefits will be suspended effective October 1, 1999, because he is employed in Suspendible Employment. While Mike is receiving 30-And-Out Retirement Benefits (or 25-And-Out Retirement Benefits) (prior to age 60), he is not permitted to be employed by a Contributing Employer in any capacity, despite the fact that he is a supervisory employee following retirement.

Remember, if you work in Suspendible Employment while you are receiving 25-And-Out or 30-And-Out Retirement Benefits, your benefits will be suspended for each month you are working in Suspendible Employment. Once you reach Normal Retirement Age (age 60), any employment by you will then be governed by the Normal Retirement suspension of benefit rules explained at page 59.

Normal Retirement

If you retire after your Normal Retirement Date (age 60), with an effective retirement date of September 1, 1992 or thereafter, and you return to work after you retire, the payment of your monthly benefit will be suspended by the Trustees for each month that you engage in 40 or more hours of Suspendible Employment. While you are receiving Normal Retirement Benefits, you are permitted to work an unlimited number of hours in employment which is determined to be non-Suspendible Employment.

"Suspendible Employment" for retirees receiving Normal Retirement Benefits is defined as employment of 40 or more hours of service during a calendar month, including employment as an employee, self-employed individual, supervising or management employee, (1) in the Industry, and (2) in a trade or craft in which the Participant was employed at any time in Covered Employment, and (3) in the geographic area covered by the Plan, or in a geographic area from which pension benefits are being received under a Reciprocal Agreement, determined as of the time that the Participant's pension benefit payments commenced or would have commenced if the Participant had not remained in or returned to Covered Employment.

"Industry" and a Participant's "trade or craft" for retirees receiving Normal Retirement benefits are defined as stated at page 56.

Example

John, a truck driver, retires at age 60 from ABC Trucking Co. and is receiving Normal Retirement Benefits from the Plan effective September 1, 1999. John then becomes em-ployed as a truck driver by XYZ Trucking Co. on October 1, 1999 and works 60 hours each month thereafter. XYZ Truck-ing Co. is a Contributing Employer to the Plan.
Plan Action: John's Normal Retirement Benefits will be suspended effective October 1, 1999, because John is employed in Suspendible Employment as a truck driver (a trade or craft John performed while covered with the Plan), in the Industry (XYZ Trucking Co. performs a type of business activity - trucking - covered by the Plan), and in excess of 39 1/2 hours per month.

The suspension of benefit rules do not apply to Participants who have reached age 70 1/2 and work in Suspendible Employment.

Suspension Of Benefits

If your monthly benefit is suspended you will be required to repay to the Plan all monthly benefits you received while employed in Suspendible Employment. Your monthly benefit will be suspended for each month during which you are so employed. Upon the termination of such employment, and written notification to the Fund Office and approval by the Board of Trustees, you will be entitled to the resumption of benefits.

If your benefits are subject to suspension, you will receive a notice from the Plan advising you of the reasons for the suspension, the amount of benefits suspended, the provisions for the repayment of the suspended benefits, the requirements for the resumption of the benefits, and other pertinent information. You can appeal the suspension of your benefits as explained at page 55.

If your benefits are suspended, it is your responsibility to notify the Fund Office, by the filing of the appropriate form, that you are no longer engaged in Suspendible Employment. The Board of Trustees will require that you provide sufficient information on the form to verify that you are no longer engaged in Suspendible Employment. The form can be obtained by writing to the Fund Office.

The Board of Trustees may require any retiree as a condition to receiving future benefit payments, to certify to the Trustees, at reasonable intervals, that the retiree has not engaged in Suspendible Employment, or to provide, upon request, factual information sufficient to establish that any employment the retiree is engaged in is not Suspendible Employment.

Request For Determination Of Suspendible Employment

You may submit to the Board of Trustees a written request for a determination of whether specific contemplated employment will cause the suspension of your benefit payments. The Board of Trustees may limit the number of requests you can make during a plan year. The request for determination must contain factual information sufficient to establish whether the specific contemplated employment will cause a suspension of benefit payments. The Board of Trustees will make the requested determination within 30 days after the receipt of the request, except that if the Board of Trustees determines that additional information is necessary, this 30-day period will be extended until 30 days after the requested information is provided by you. The Board of Trustees will then determine if your contemplated employment will cause a suspension of benefit payments. The Board of Trustees' decision can be appealed by you as explained at page 55.

If a Participant dies before the Board of Trustees have fully recovered (by way of offset or otherwise) all benefit payments made to the Participant during any suspension period, the Board of Trustees may deduct from any benefits payable on account of or after the Participant's death any benefit payments not fully recovered.

If you earned any additional Credited Service during the period of the Suspendible Employment when your benefits were suspended, you will receive an additional benefit based on the additional Credited Service computed on the basis of the appropriate Unit Multiplier and other conditions of the Plan in effect at the time of the subsequent retirement.

 

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