Article 2 – Participation,
Vesting and Eligibility For Benefits
2.1 Participation
Any
individual who is or becomes an Employee after June 1, 1981, shall commence
participation in the Plan beginning with the initial hour for which an Employer
Contribution is required to the Trust and shall continue to be a Participant
until such time that all benefits due under the Plan to the Participant or
Participant’s beneficiaries have been paid or forfeited in a zero dollar
distribution. A Participant shall receive Credited Service toward retirement
benefits as provided in Article 1.8, based upon Hours of Service completed
during the calendar year. Sole proprietors and partners are not eligible to
participate in the Plan.
2.2 Vesting and Forfeitures
- Supplemental
and Rollover Subaccounts. A Participant shall be fully vested in his
Supplemental Subaccount and his Rollover Subaccount, and those subaccounts shall
be nonforfeitable.
- Regular
Subaccount. Effective January 1, 1989, when a Participant completes five (5)
years of Credited Service, including at least one (1) year of Credited Service
in this Plan, without a Permanent Break in Service, the Participant shall become
fully vested in his Regular Subaccount, and thereafter that subaccount shall not
be subject to forfeiture. Participants who earned at least one (1) Hour of
Service in this Plan prior to January 1, 1989 and have earned one Year of
Service in this Plan prior to January 1, 1990 without a Permanent Break in
Service shall be fully vested in this Plan. A Participant shall also have a
nonforfeitable right to benefits from the Regular Subaccount upon attainment of
his Normal Retirement
Date.
A
Participant who fails to qualify for vesting under this subsection (b) is
non-vested in the Regular Subaccount. A non-vested Participant in the Regular
Subaccount who incurs a Permanent Break in Service (Termination) as defined in
Article 2.4, shall forfeit all previously accrued rights to benefits from the
Regular Subaccount. Forfeiture may be avoided by use of credit from a Related
Plan as provided in Article 3.2.
- Contributions
for Vested Participant. All Contributions made on behalf of a vested Participant
shall be non-forfeitable.
2.3 One-Year Break in Service
A
non-vested Participant in the Regular Subaccount who fails to complete 500 or
more Hours of Service in a Plan Year shall have a One-Year Break in Service as
to each such Plan Year unless the Participant is granted a Leave of Absence
under Article 2.6 below. If a Participant incurs a One-Year Break in Service, he
will be deemed to have received a zero dollar distribution from the Regular
Subaccount, and all rights under this Plan shall be forfeited unless recovered
pursuant to Article 2.5.
2.4 Permanent Break in Service (Termination)
A
non-vested Participant in the Regular Subaccount who incurs one or more One-Year
Breaks in Service, whose Credited Service prior to the first One-Year Break in
Service is not restored under Article 2.5, or who is not granted a Leave of
Absence under Article 2.6 will incur a Permanent Break in Service, and will
forfeit permanently all previously accrued pension benefits in the Regular
Subaccount.
2.5 Reinstating One-Year Breaks in Service
Notwithstanding
any other provision herein, if after incurring one or more One-Year Breaks in
Service a Participant earns 500 or more Hours of Service during a subsequent
Plan Year commencing after December 31, 1988, the Participant’s previously
forfeited rights shall be recovered if such Hours of Service are earned before
he incurs five (5) consecutive One-Year Breaks in Service; provided such credits
shall not be reinstated until the first Plan Year after which the Participant
earns 500 or more Hours of Service in this Plan or a Related Plan.
2.6 Leave of Absence
A
Participant who is absent in one of the following categories for a period of six
months or more, may be allowed a Leave of Absence for one of the reasons listed
below, but only for such period as stated below:
- Absence
due to service with the armed forces of the United States as required by federal
law;
- Absence
due to disability, for a two (2) year period, subject to further consideration
after that time if the disabling condition continues, provided the Participant
submits proof of such disability satisfactory to the Trustees;
- Absence
while serving as an employee or official of the Union for up to three (3)
years;
- Absence
while on each maternity/paternity leave, as defined below, up to a maximum of
501 Hours of Service for each such leave. Under this subsection (d),
Participants on a Maternity/Paternity Leave will be credited with Hours of
Service toward vesting and to avoid a Break in Service. Hours of Service will be
credited for the specific period of absence, except that all Hours of Service
will be credited to the Plan Year in which the absence begins if necessary to
avoid a One-Year Break in Service in that year; otherwise, they will be credited
to the immediately following Plan Year. For purposes of this subsection (d), a
Participant shall be deemed to be on Maternity/Paternity Leave if the
Participant is absent from work by reason of the pregnancy of the Participant,
by reason of the birth of a child of the Participant, by reason of the placement
of a child with the Participant in connection with the adoption of the child by
such Participant, or for the purpose of caring for such child during the period
immediately following such birth or placement;
- Non-participation
in this Plan by an Employee who is not vested in the Regular Subaccount, but who
has at least one (1) previous year of Credited Service in this Plan during any
time after June 1, 1986, when the Employee’s employer was not required to
make Contributions to this Plan but did make contributions to the Carpenters
Health and Security Trust of Western Washington on behalf of the Employee. Under
this subsection (e), the Employee shall be entitled to Hours of Service toward
vesting and to avoid a Break in Service;
- Absence
while on any other approved Leave of Absence for the period allowed, but for no
more than two (2) years. Approval must be granted solely by the Trustees, who
shall grant any such leave of absence only under a uniform
standard.
2.7 Eligibility for Retirement Benefits
A
Participant who retires, as defined in Article 1.22, will be eligible to receive
his vested retirement benefits under this Plan:
- On
the Participant’s Normal Retirement Date;
- On
the Participant’s Early Retirement Date;
- When
found by the Trustees to be entitled to Total and Permanent Disability benefits
in accordance with Article 2.8 hereof.
2.8 Total and Permanent Disability
A
vested Participant who is Totally and Permanently Disabled and has earned at
least 750 Hours of Service in this Plan or in a Related Plan in the three (3)
consecutive Plan Year period prior to the Participant’s disability, shall
be entitled to Total and Permanent Disability benefits.
Total
and Permanent Disability, for the purpose of this Plan, will mean disability by
accidental bodily injury or disease which on the basis of medical evidence can
be assumed to be permanent and continuous during the remainder of the
Participant’s lifetime, and which renders the Participant incapable of
performing any and every duty pertinent to his occupation as a Carpenter. After
benefits have been paid to the Participant for 24 months, the Participant must
then be incapable of engaging in any gainful occupation for which the
Participant is found to be fitted by training, experience and
abilities.
Disability
Retirement income will not be payable to a Participant where the disability
results from an intentional self-inflicted injury or the habitual use of
narcotics or alcoholic beverages.
Disability
will not be considered established unless it has continued for a period of not
less than six (6) consecutive months. The Trustees may, however, at their
discretion, waive the six (6) month period.
It
shall be the responsibility of the Participant to submit satisfactory proof of
such disability to the Trustees. Before ruling on any disability, the Trustees
may designate a qualified physician of their choice to examine the
Participant.
The
Trustees may, from time to time, require satisfactory proof of continued
disability. If the Trustees determine that a Participant’s disability has
ceased prior to his attainment of age sixty-five (65), Disability Retirement
income will stop with the payment for the month in which the disability ceased.
Remaining payments, if any, due to the Participant as a disability benefit will
be canceled. The Participant will be vested in the unpaid balance of the
Individual Account to the same extent as prior to the Plan’s payment of
the disability retirement benefit.
When
a Participant who is receiving Disability Retirement income reaches the Normal
Retirement Date, no further proof of continued disability will be
required.
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