Defined Contribution Plan Document
ARTICLE IX
GENERAL PROVISIONS
Section 15: Military Service.
Notwithstanding any provision of this Plan to the
contrary, contributions, benefits, and service credit with respect to qualified military
service will be provided in accordance with §414(u) of the Internal Revenue Code.
For purposes of crediting hours and contributions for a Participant during a period of
Military Service, the Plan shall credit hours and contributions at the greater of 125
hours per month for each complete month of Military Service or the average monthly
hours worked in the twelve months prior to the Participant's commencement of
Military Service, and eight (8) hours per day (but not more than 125 hours) for any
additional fraction of a month. Contributions shall be credited to the Participant's
Individual Account in accordance with the hourly employer contribution rate for the
Southern California IBEW-NECA Defined Contribution Plan in effect in the collective
bargaining agreement between the IBEW and NECA which governs the jurisdiction of
the Participant's IBEW membership for the month in which the hours are being
credited. Contributions shall be credited to a Non-Bargaining Unit Employee's
Individual Account in accordance with the terms of any Non-Bargaining Agreement in
effect for the Participant's last employer prior to the commencement of Military
Service in accordance with the hourly employer contribution rate specified in such
Non-Bargaining Agreement for the month in which hours are being credited.
Contributions credited under this Section are paid out of Plan assets.
No contributions will be credited under this Section based on tiered annuity
contributions in any IBEW-NECA collective bargaining agreement in excess of the
amount of the base contribution rate. In addition, no contributions will be credited
under this Section to any Participant for any period of Military Service after July 1,
2004 if the Participant is working under the IBEW Local 441 Inside Agreement on or
after July 1, 2004 or if the Participant is a non-bargaining unit employee who is a
Participant in the Orange County Defined Contribution Plan on or after July 1, 2004.
For a Participant who died on or after January 1, 2007 while performing qualified military service, the Participant's Beneficiary is entitled to any additional benefits that may be provided through the Plan (other than benefit accruals relating to the period of military service) that would have been provided under the Plan had the participant resumed employment and then terminated employment on account of death. Additionally, the Plan will credit the Participant's qualified military service as service for vesting purposes, as though the Participant had resumed Covered Employment immediately prior to the Participant's death.