Initial Eligibility for Certain Employees of Certain New Contributing Employers

The following describes the conditions under which an employee may be granted initial eligibility if working in Covered Employment for a new contributing employer.

1. For purposes of this rule, a "new contributing employer" is an employer who has been providing medical coverage to its employees from a source other than the Plan and who entered into a collective bargaining agreement requiring contributions to the Plan.


2. For purposes of this rule, an "eligible employee" is an employee who meets all of the following requirements:
   1. The employee was employed by the employer immediately prior to the effective date of the collective bargaining agreement.
   2. The employee was receiving medical coverage from the employer immediately prior to the effective date of the collective bargaining agreement.
   3. The employee following the effective date of the collective bargaining agreement remains in the employ of the employer and performs work for which contributions are payable to the Plan pursuant to the collective bargaining agreement.
   4. The employee has no pre-existing hour bank reserve under this Plan as of the effective date of the collective bargaining agreement.

3. This section modified by: Amendment 42.   View Previous Language
   
   An eligible employee of a new contributing employer shall be granted an initial hour bank reserve equivalent to four months of coverage. In order to off-set this initial hour bank reserve, an equivalent amount of hours of the first hours worked per month in excess of the hours required for monthly eligibility will not be credited to the eligible employee's hour bank reserve. If the initial eligibility is granted after the close of the first workweek of a particular month the initial hour bank reserve granted shall be equivalent to five months of coverage and an equivalent amount of the first hours worked per month in excess of the hours required for monthly eligibility will not be credited to the eligible employee's hour bank reserve in order to off-set the initial hour bank granted.


4. Only collective bargaining unit employees may be granted initial eligibility under this rule.


5. Subject to the exceptions set forth below in the event an eligible employee granted an initial hour bank reserve pursuant to sub-section (C) terminates employment, whether voluntary or involuntary, prior to working in covered employment at least the number of hours credited pursuant to sub-section (C), all benefits of that employee and their dependents under this Plan shall terminate as of the first day of the month following the month in which the employment terminated.  An employee granted an initial hour bank reserve pursuant to sub-section (C) and their employer must give prompt written notice of termination of employment to the Fund Manager.  Employees and their dependents losing eligibility pursuant this Section shall be offered non-subsidized COBRA coverage and conversion rights to the extent required by applicable law.

EXCEPTIONS:

1. Should the termination be for reasons of injury or illness for which Workers’ Compensation temporary disability benefits or California State disability benefits are payable, no loss of eligibility shall occur under this sub-section unless and until the employee recovers and then only if the employee then fails within five business days to return to covered employment or sign the out-of-work book of IBEW Local 11.


2. Should the termination be due to the employee taking a leave of absence in accord with applicable Family Medical Leave laws, no loss of eligibility shall occur under this sub-section unless and until the employee completes the authorized leave and then only if the employee then fails within five business days to return to Covered Employment or sign the out-of-work book of IBEW Local 11.


3. Should the termination be due to the employee being called into active military service, no loss of eligibility shall occur under this sub-section and coverage shall be continued to the extent otherwise provided for under this Plan.


4. Should the termination be due to the death of the employee, no loss of eligibility shall occur under this sub-section.


5. Should within five (5) business days of the termination of employment the employee return to Covered Employment or sign the out-of-work book of IBEW Local 11, no loss of eligibility shall occur under this sub-section.  

(No provisions of these exceptions alters the provisions as set forth in a following section entitled "Bank Hours Termination" subsection entitled "Participants Working for Non-Signatory Employers" that all coverage under this Plan is immediately canceled if (1) any employee remains in the employ of an employer that ceases contributions to the Plan due to a cancellation of a Collective Bargaining Agreement or, (2) the employee becomes employed by an electrical contracting industry employer who does not contribute to this or some other IBEW Health Plan.)

Alumni

Beginning August 1, 2003, a signatory Employer will be permitted to make contributions to the Trust Fund on behalf of the Employer’s non-bargained employees who previously were collectively bargained employees under the terms of a collective bargaining agreement which required contributions to the Southern California IBEW-NECA Health Plan ("Alumni") and for whom the Employer has agreed to make contributions to the Trust Fund pursuant to a duly executed Participation Agreement. The Employer shall make contributions to the Trust Fund on behalf of each Alumni reported under the Participation Agreement at a rate of 173 hours per month at the hourly contribution rate for journeymen as set forth in the IBEW Local 11-NECA Inside Agreement, as may be amended from time to time.  Initial eligibility and coverage for all such Alumni shall occur in the same manner described above under the Section entitled "Working Local 11 Electricians".