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Article XI - Pension Benefit Fund
Sec. 1. Retirement BenefitsAn "A" member who
retires from the electrical industry after December 31, 2006, shall be
entitled to benefits in accordance with the following rules as to
eligibility:
(a) Normal Pension
An "A" member of the I.B.E.W. in
continuous good standing with five (5) or more years immediately
preceding his application, who has attained the age of sixty-five (65)
years, shall receive pension benefits computed on the basis of four
dollars and fifty cents ($4.50) per month for each full year of such
continuous "A" membership.
(b) Optional Early Retirement Pension
An "A" member of the I.B.E.W. in
continuous good standing with twenty (20) or more years immediately
preceding his application, who has attained the age of sixty-two (62)
years, may elect to receive reduced pension benefits as long as he
lives, computed on the basis of four dollars and fifty cents ($4.50)
per month for each full year of such continuous "A" membership reduced
by six and two thirds percent (6 2/3) for each year or part thereof the
said "A" member was under the age of sixty-five (65) at the date of his
retirement. The election of this option must be made on a form
prescribed by the I.S.T. and will become effective on the date he is
placed on pension. The election of this option shall he irrevocable.
(c) Optional Spouse's Benefit.
Each "A" member retired under Section
1(a), Section 1(b) or Section 2 may, in lieu of the payment of pensions
as outlined above, elect to receive a reduced pension as long as he
lives, with the provision that after his death one-half of such reduced
pension shall continue to be paid to his spouse thereafter as long as
such spouse survives him. The amount of such reduced pension payable
under this election shall be actuarially equivalent to the pension
otherwise payable. This election is effective on the date the member is
placed on pension, except in the event the member and the member's
spouse are subsequently divorced or in the event the member's spouse
subsequently predeceases the member, the benefit payable to the member
shall he recalculated and shall be equal to the unreduced benefit which
would have been provided under Sec. 1(a), 1(h) or 2, as the case may
be. This recalculated benefit shall commence the month of January 2002
for those members who became divorced or whose spouses predeceased them
prior to or on December 31, 2001; and for all other members, as of the
last day of the month next following either the date of the divorce or
the death of the spouse.
Sec. 2. Disability Pension
An "A" member of the I.B.E.W. who is
totally disabled and has continuous good standing of twenty (20) or
more years immediately preceding his application shall receive
disability pension benefits, if such application is approved after
December 31, 2006, computed on the basis of four dollars and fifty
cents ($4.50) per month for each full year of such continuous "A"
membership.
(a)
Benefits will be paid commencing on the first day of the month in which
it has been determined that the member became totally disabled,
provided that no period of total disability shall be considered to
commence before the "A" member has completed twenty (20) or more years
in continuous good standing.
(b)
The applicant for disability pension benefits must maintain his
continuous good standing as an "A" member until the date of approval of
his application by the l.E.C. and shall, in the event of such approval,
receive a full refund of I.0. dues from the date of commencement of his
total disability. The period following the commencement of total
disability shall not be counted in computing the amount of disability
pension benefit.
Sec. 3. Vesting
An "A" member who has completed twenty
(20) or more years of "A" membership in continuous good standing and
who ceases being engaged in the electrical industry prior to the
attainment of age sixty-five (65) shall, if an application is filed and
approved after December 31, 2006, obtain a vested right to pension
benefits, but not disability pension benefits or death benefits. This
vested right will entitle him to receive, commencing at age sixty-five
(65), pension benefits computed on the basis of four dollars and fifty
cents ($4.50) per month for each full year of such continuous "A"
membership less four dollars and fifty cents ($4.50) per month for each
full year of part thereof the said "A" member was under the age of
sixty-five (65) at the date his application was received. The applicant
for vested pension rights must maintain his continuous good standing as
an "A" member until the date of approval of his application by the
l.E.C., and shall, in the event of such approval, receive a full refund
of I.0. dues from the month following receipt of his application. The
period following the receipt of such application shall not be counted
in computing the amount of vested pension rights. In no event shall any
"a"member entitled to benefits under this Section 3 be paid a monthly
pension benefit less then he would have received under the pension
benefit provisions of the Constitution prior to January 1, 2007.
Sec. 4. Death Benefits
Upon the death of an "A" member, a death benefit shall be payable as follows:
(b) Beneficiaries
(c) Set Off of Death Benefit
(a) Benefit Level
Upon the death, after September 10,
2001, of a nonretired "A" member who then has at least six (6) months
continuous and active good standing, the beneficiary to receive the
death benefits payable under this Paragraph shall be paid the sum of
six thousand two hundred fifty dollars ($6,250.00) if the said "A"
member died from natural causes, or the sum of twelve thousand five
hundred dollars ($12,500.00) if the said "A" member died by accidental
means. However, no death benefit shall be payable upon the death of a
nonretired "A" member if such member was more than two months in
arrears in dues payments, unless it can be demonstrated that the
arrearage was not the fault of the member in which case the death
benefit shall be reduced by the amount of the arrearage. Upon the death
from either natural causes or accidental means of an "A" member after
September 10, 2001, who is retired under Section 1 or Section 2, the
beneficiary to receive the death benefits shall be paid a sum computed
by subtracting from six thousand two hundred fifty dollars ($6,250.00)
all pension benefits paid by the I.B.E.W. Pension Benefit Fund to the
retired member. However, in no event shall the amount of the death
benefit due as a result of the death of an "A" member retired under
Section 1 or Section 2 be less than three thousand dollars ($3,000.00),
except as provided in Section 4(c) below. All death benefits payable
under this provision are payable without interest.
(b) Beneficiaries
Upon the failure of any member to name
an original beneficiary, or to name a new beneficiary after the death
or inability to take of one previously named, the death benefit shall
be payable to the following individual(s) in the indicated order of
priority: 1) member's spouse; 2) member's children; 3) member's
parents; and 4) member's estate. Every "A" member shall have the right
to name the person or persons, including the member's estate, who are
to be the member's beneficiary or beneficiaries under the death benefit
provisions of the I.B.E.W. Pension Benefit Fund. Every member shall
have the privilege of changing beneficiaries. If the beneficiary
entitled to the death benefit (either the beneficiary named by the "A"
member or the individual(s) in the indicated order of priority stated
above) cannot be located or does not file a claim for the death benefit
within ninety (90) days after the date of death, the benefit may be
paid to a contingent beneficiary or in the indicated order of priority
stated above. If no valid claim is filed, no appropriate beneficiary
can be located, and the member has no estate to which the benefit can
be paid, the death benefit shall revert to the I.B.E.W. Pension Benefit
Fund on the second anniversary of the member's death and no benefit
will be paid subsequent to the reversion.
(c) Set Off of Death Benefit
If the I.B.E.W. Pension Benefit Fund
has sent pension checks payable to the deceased member after the
member's death as a result of a failure to notify the Fund of the death
of the member, and the recipient of those pension checks has not
returned them to the Fund, but retained the pension money, the Fund may
set off from the death benefit, and refuse to pay to any beneficiary,
the amount equal to the total amount of the pension overpayment.
Sec. 5. Benefits of "A" members who hare retired and or died on/ or before December 31, 1991
The pension benefits of an "A" member
of the I.B.E.W., who has retired from the electrical industry and was
placed on the pension rolls on or before December 31, 1991, shall be
governed by the rules in effect as of the date they were placed on the
pension rolls. Those rules are set forth in the I.B.E.W. Constitution
as amended at the 33rd I.B.E.W. Convention at Toronto, Ontario,
September 1986. The death benefits of an "A" member of the I.B.E.W. who
has died on or before December 31, 1991, shall be governed by the rules
in effect as of the date of his death, except that the rules relating
to reversion of the death benefit to the I.B.E.W. Pension Benefit Fund,
set forth in Section 4(b) of this Article, shall apply in the case of
death benefits not yet paid on or before December 31, 1991.
Sec. 6. General Provisions
(a) Continuous Good Standing
Any period of membership used in determining eligibility or in computing benefits shall include only consecutive years of "A" membership in good standing in the I.B.E.W., except that years of membership when on pension or disability pension shall not be counted. Any member that transfers from "A" membership status to "BA" membership status or who is dropped from membership after six months' delinquency in dues payments or who has accepted honorary withdrawal card status shall not be considered in good standing for purposes of determining eligibility for or in computing benefits under this Article. In addition, a member shall not be eligible for pension approval while such member has an outstanding L.U. trial board assessment. Provided further that, if a member who has been granted a normal pension, an early retirement pension, a disability pension, or a vested pension right returns to the electrical industry and "A" membership, a benefit based on the period of continuous "A" membership after such return shall be added to the amount of his previous normal pension, early retirement pension, disability pension, or vested pension right.
Any period of membership used in determining eligibility or in computing benefits shall include only consecutive years of "A" membership in good standing in the I.B.E.W., except that years of membership when on pension or disability pension shall not be counted. Any member that transfers from "A" membership status to "BA" membership status or who is dropped from membership after six months' delinquency in dues payments or who has accepted honorary withdrawal card status shall not be considered in good standing for purposes of determining eligibility for or in computing benefits under this Article. In addition, a member shall not be eligible for pension approval while such member has an outstanding L.U. trial board assessment. Provided further that, if a member who has been granted a normal pension, an early retirement pension, a disability pension, or a vested pension right returns to the electrical industry and "A" membership, a benefit based on the period of continuous "A" membership after such return shall be added to the amount of his previous normal pension, early retirement pension, disability pension, or vested pension right.
(b) Waiver
Any member who desires to waive any
portion of his pension, either monthly or yearly, may do so by
notifying the I.S.T Any portion of the pension so waived will not be
returned to the pensioner at a later date.
(c) Per Capita Tax of Members on Pension, Disability Pension or with a Vested Pension Right
The per capita tax owed by "A" members
who are approved for normal, early, disability or vested pension
benefits under this Article is hereby waived.
(d) Prohibition of Work
It is a condition for admission to
pension benefits, including vested pension right and the continuation
thereof, that the member shall not perform any work of any kind coming
under the l.B.E.W.'s jurisdiction either for compensation or gratis for
anyone, except that a member may work as an instructor in an I.B.E.W.
recognized apprenticeship program, or as an Electrical Inspector for a
governmental authority where Electrical Inspectors are not covered by
an approved I.B.E.W. collective bargaining agreement. A retired member
shall be permitted to attend L.U. meetings, and, with the L.U.'s
approval, have a voice at such meetings, but shall not have a vote. He
shall observe his obligation of membership and show due obedience to
I.B.E.W. laws and the bylaws of its L.U.'s.
(e) Non-Assignment of Benefits
No member, pensioner or beneficiary
shall have the right to assign, transfer, sell, mortgage, encumber or
pledge any pension or death benefits, and such assignment, transfer,
sale, mortgage, encumbrance or pledge shall be void and of no effect
whatsoever. So that such benefits shall not in any way be subject to
any legal process,execution, attachment or garnishment or be used for
the payment of any claim against any member, pensioner or beneficiary,
or be subject to the jurisdiction of any bankruptcy court or insolvency
proceedings by operation of law or otherwise, the l.E.C. shall have the
right to postpone any payment under this Plan to a pensioner or
beneficiary.
(f) Computation of Pension Benefit
The period of continuous good standing
employed in calculating a member's pension benefit shall be computed as
of his anniversary date, which is the first day of the month in which
such member is initiated as an "A" member of the I.B.E.W. or in which
such member transfers from "BA" membership status to "A" membership
status or in which such member returns to "A" membership status from
honorary withdrawal status or from vested pension status. A member
earns a year of good standing by maintaining membership from one
anniversary date up to his next anniversary date.
(g) Forfeiture
Members who have been expelled from
membership or who have resigned from membership (other than with an
approved vested benefit), forfeit all rights in any pension or death
benefits payable from the Fund.
(h) Interpretations, Definitions and Decisions
The l.E.C. is hereby granted
discretionary authority to make definitions of the terms used in this
article of the Constitution and to make interpretations of or construe
these constitutional provisions and its Rules and Regulations which
shall be final and binding. The l.E.C. is also granted discretionary
authority to determine eligibility for benefits; and the decisions of
the l.E.C. on all questions arising hereunder, including cases of
eligibility for, and computation of the amount of, benefits shall be
final and binding.
No benefits are authorized other than those expressly stated in the I.B.E.W. Constitution and the Rules and Regulations of the I.E.C.
Sec. 7. Members
on participating withdrawal cards who have maintained their continuous
good standing in the I.B.E.W. and who make application for pension
benefits, shall be governed and their applications handled in the same
manner as active members of L.U.'s, except that notice of application
shall be given to the L.U. that issued the withdrawal card to the
member. Members on honorary withdrawal card status shall not be
entitled to a pension or death benefit under this Article.
Sec. 8. Any
member violating any of the provisions of this article, or any member
aiding or abetting a member to do so, after investigation by the l.E.C.
and being found guilty, may he permanently barred from ever
participating in these benefits, and may be suspended, expelled, or
assessed as the l.E.C. may decide.
Sec. 9. The
procedures for applications for benefits and for making determinations
thereon shall be as prescribed in the Rules and Regulations of the
l.E.C.



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