ARTICLE 8

DEATH BENEFIT AND DESIGNATION OF BENEFICIARY

8.1 Upon the death of an eligible Active Participant as defined in Section 8.4, his beneficiary shall be entitled to a death benefit, if any, as defined in Section 8.4. Upon the death of an eligible inactive Vested Participant as defined in Section 8.5, his beneficiary shall be entitled to a death benefit, if any, as defined in Section 8.5. Upon the death of a Pensioner or Disabled Participant, his designated beneficiary shall be entitled to a death benefit, if any, as defined in Section 8.2.

8.2 If the death of a Pensioner who is receiving the Normal Form of Pension occurs before the number of guaranteed monthly payments have been made, as defined in Section 5.2, the remaining guaranteed monthly payments shall be made to the Pensioner’s designated beneficiary. Upon the death of a Pensioner who is receiving benefits on the Automatic Joint and Survivor Pension Form or an Optional Form of Pension, the death benefits, if any, shall be paid in accordance with Article 5. Upon the death of a disabled Participant, the death benefit, if any, shall be paid in accordance with Article 7 and Section 8.

8.3 If an Active or Inactive Vested Participant is married at the time of his death, his spouse is deemed to be the Participant’s beneficiary. If the Participant is an eligible Active Participant at the time of his death, the spouse receives the Qualified Pre-Retirement Survivor Annuity set forth in Section 8.4(a). If the Participant is an eligible Inactive Vested Participant at the time of his death, the spouse receives the Qualified Pre-Retirement Survivor Annuity set forth in Section 8.5(a). These Qualified Pre-Retirement Survivor Annuity benefits may not be waived by any pre-nuptial agreement. Waivers of these Qualified Pre-Retirement Survivor Annuity benefits are subject to the requirements of Internal Revenue Code Sections 401 and 417 and all related Regulations, including but not limited to Regulation 1.401(a)-20. Waivers must be on forms supplied by the Fund. A spouse’s signature consenting to a waiver must be notarized. The waiver must name the non-spouse beneficiary who will receive the pre-retirement death benefit. A spouse’s waiver may only be revoked with the written consent of the Participant. The non-spouse beneficiary may be changed by the Participant only with the notarized written consent of the spouse. The Participant may revoke the non-spouse beneficiary designation by execution of a form provided by the Fund. Upon revocation any then spouse of the Participant becomes the beneficiary of the pre-retirement death benefit subject to a subsequent spousal waiver by way of the process set forth above.

Any unmarried Participant may name any pre-retirement death benefit beneficiary of the Participant’s choice. If an unmarried Participant subsequently marries any prior designation of beneficiary by the participant is automatically revoked as to all pre-retirement death benefits which may be payable by the Plan. An unmarried Participant may change the pre-retirement death benefit beneficiary at any time. However, if an unmarried Participant, or a married Participant whose spouse has consented to a waiver, dies any benefits payable under Section 8.4 or 8.5 shall be paid to the Participant’s surviving children under the age of 21 in accord with Section 8.4 or 8.5 prior to any payment to any other designated or preference beneficiary. All beneficiary designations must be on forms provided by or approved by the Fund offices. All designations must be signed and dated by the Participant. All revocations, except automatic revocations, must be on forms supplied or approved by the Fund Offices and must be signed and dated.

Any surviving spouse receiving pre-retirement death benefits pursuant to Section 8.4 or 8.5 may execute a beneficiary designation on a form supplied or approved by the Fund Offices. Any such designation is subject to benefits, if any, payable to the surviving children of the Participant pursuant to Section 8.4 or 8.5 which payments will be made to the Participant’s surviving children under the age of 21 prior to any payment to the surviving spouse’s designated beneficiary.

Payments to surviving spouses, designated beneficiaries and preference beneficiaries fully discharges periodic death benefit amounts payable under the Plan unless a contrary claim is received by the Fund prior to the periodic payment. In cases of contested periodic payments the Fund may commence an appropriate proceeding including but not limited to interpleader actions. In any such court action the Fund’s attorney fees and costs shall be paid from any contested periodic payments deposited with the court.

8.4 Pre-retirement Death Benefit for Active Participants. Upon the death of an Active Participant after completing (A) five (5) Vesting Service Years or (B) ten (10) years of Total Credited Service, at least two (2) of which are Credited Future Service, or an Active Participant who has attained their Normal Retirement Date as defined in Section 3.1, benefits will be payable pursuant to (a) or (b) below, whichever is applicable.

1. Married Participants:
   
   1. If the Participant is married, benefits will be paid to his surviving spouse in the form of a lifetime monthly pension in an amount equal to 50% of the Normal Pension Benefit credited to the Participant on the date of his death. Benefits will commence as of the first day of the month following the Participant’s date of death.
      
   2. If the Participant is survived by children who are under age 21, a monthly benefit in the amount described in (1) above will be divided among all such eligible children. Each child shall cease to the eligible on the earlier of his death or attainment of age 21, and, if not continued under (3) below, payments shall cease when there are no longer any eligible children. No monthly amount is payable pursuant to this Subsection (2) for any month in which a monthly amount is payable to the surviving spouse pursuant to Subsection (1) above.
      
   3. 120 monthly payments are guaranteed to the spouse under this Section 8.4(a). If, when all payments due under (1) above, and if applicable, under (2) above have been paid, less than 120 total payments have been made, then the remainder of the 120 guaranteed payments will be paid to the beneficiary designated by the spouse, or if no beneficiary has been designated by the spouse, then in that event, the spouse’s preference beneficiary determined under Section 8.7(b).
      
   4. If the Participant had satisfied the eligibility criteria for an unreduced Early Retirement benefit prior to his or her death, benefits will be paid to the Participant’s Surviving spouse in an amount equal to the Joint and 100% Survivor pension as set forth in Section 5.3(b) of the Plan based on the Actuarial Equivalent of the pension benefit credited to the Participant as of the date of death. Benefits will commence as of the first day of the month following the Participant’s date of death.
      This section added by: Amendment 17.
      Effective on and after July 1, 2010, notwithstanding the terms of Article 18, a Participant who is under age 55 and would otherwise have met the requirements of Section 3.2(b) for an Early Retirement Pension, shall be deemed to have met such requirements for purposes of the application of this sub-paragraph.
      
      
   5. In the Event an Active Participant and Spouse have completed pension option election forms within 31 days of the proposed annuity starting date, elected a Joint and 100% Survivor pension set forth in Section 5.3(b), and the Participant subsequently dies prior to the proposed annuity starting date then in that event the surviving spouse shall receive a lifetime monthly benefit equal to the Joint and 100% Survivor benefit previously elected.
      
2. Unmarried Participants:
   
   1. If the Participant is unmarried, but is survived by children who are under age 21, then 50% of the Participant’s monthly Normal Pension Benefit credited to the Participant on the date of his death will be divided among all such eligible children. Benefits will commence as of the first day of the month following the Participant’s date of death. Each child shall cease to be eligible on the earlier of his death or attainment of age 21. If not continued under (2) below, payments shall cease when there are no longer any eligible children.
      
   2. 120 monthly payments are guaranteed under this Section 8.4(b). If no benefits are payable under (1) above, or if, when all payments due under (1) above have been paid, less than 120 monthly payments have been paid, the remainder of the guaranteed payments will be paid to the beneficiary designated by the Participant.

8.5 Pre-Retirement Death Benefit for Inactive Vested Participants.

1. Married Participants:
   
   1. Upon the death of an Inactive Vested Participant who is eligible to retire pursuant to Article 3, his surviving spouse will be entitled to a lifetime monthly pension in an amount equal to 50% of the Normal Pension Benefit credited to the Participant on the date of his death. Benefits will commence as of the first day of the month following the Participant’s date of death.
      
   2. 1. Upon the death of an Inactive Vested Participant who is not eligible to retire, his surviving spouse will be entitled to a lifetime monthly pension in an amount equal to 50% of the Normal Pension Benefit credited to the Participant on the date of his death. Benefits will commence as of the first of the month coinciding with or next following the Participant’s 55 th birthday.
         
      2. In lieu of the commencement date described in (i) above, a spouse may elect to have the benefit described in (i) above commence as of the first day of any earlier month following the Participant’s date of death. In this case, the benefit will be the Actuarial Equivalent of the benefit described in (i) above.
2. Unmarried Participants:
   
   1. Upon the death of an unmarried Inactive Vested Participant who is eligible for retirement under Article 3, benefits will be paid pursuant to Section 8.4(b) as if the Participant were an Active Participant.
      
   2. Upon the death of an unmarried Inactive Vested Participant who is not eligible for retirement under Article 3, benefits will be paid pursuant to Section 8.4(b) as if the Participant were an Active Participant, except the amount of the benefit will be actuarially reduced, pursuant to procedures described in Appendix II, to reflect the number of years and months by which the Participant’s date of death precedes his 55 th birthday.

8.6 Dependent’s Benefit for Disabled Participants.

Upon the death of a Disabled Participant before his Normal Retirement Date, a monthly benefit equal to 50% of the disability pension payable to the Disabled Participant will be continued to his eligible children under age 21. The monthly pension will be divided equally among all such eligible children. A child shall cease to be an eligible child upon the earlier of death or attainment of age 21, and the benefit provided under this Section 8.6 shall cease when there are no longer any eligible children.

If at the Participant’s death, the Joint and Survivor Pension Form described in Sections 7.6 and 7.7 is in effect, then the amount of each monthly payment to be divided among the children will be reduced by the amount of each monthly payment to the surviving spouse, so that no monthly payments will be made to the Participant’s children during the surviving spouse’s lifetime.

8.7

1. Preference Beneficiary of Participant:
   
   If no beneficiary has been designated by a Participant or if the designated beneficiary predeceases the Participant, payment of any death benefit payable shall be made to the surviving person or persons in the first of the following classes of successor preference beneficiaries in which a member survives the Participant.
   
   1. His spouse;
      
   2. His children, including legally adopted children;
      
   3. His parents;
      
   4. His brothers and sisters.
   
   In determining such person or persons, the Trustees may rely upon an affidavit by a member of any of the classes of preference beneficiaries. Payment based upon such affidavit shall be full acquittance of any benefit payable under the Plan unless, before the payment is made, the Trustees have received written notice of a valid claim by some other person. If two or more persons become entitled to benefits as preference beneficiaries, they shall share equally. If no preference beneficiaries survive the Participant, then no death benefit shall be payable, except to provide for necessary funeral expenses of the participant.
   
2. Preference Beneficiary of Spouse:

If no beneficiary has been designated by a surviving spouse, or if the designated beneficiary predeceases the spouse, the preference beneficiary will be determined according to (a) above as if the spouse were a Participant.

8.8 Any death benefit payable to a minor may be paid to the legally appointed guardian of the minor or, if there be no such guardian, to such adults as have, in the opinion of the Trustees, assumed the custody and principal support of said minor.

8.9 In accord with the requirements of Internal Revenue Code Section 401(a)(9) and the regulations related thereto if a Participant dies before the Participant has begun to receive any distribution of their interest under the Plan and no benefits are payable to a surviving spouse in the form of a Qualified Pre-Retirement Survivor’s Annuity or to the surviving children under age 21 then in that event the Participant’s entire interest shall be distributed within 5 years of the Participant’s death. The provisions of the Internal Revenue Code Section 401(a)(9) and related regulations override any distribution feature of this Plan which is inconsistent with that Section and related regulations.

If no benefits are or will be payable to a surviving spouse in the form of a Qualified Pre-Retirement Survivor Annuity, no benefits are payable to a surviving child under age 21 and more than 60 guaranteed monthly benefits are then payable then during such period the total paid per month pro-rata per beneficiary shall be equal to the result of the number of guaranteed payments times the guaranteed monthly amount divided by 60.

The 5 year rule described above does not apply to Qualified Pre-Retirement Survivor Annuity payments payable to a surviving spouse who is, under the Plan, deemed to be the designated beneficiary of the Participant. For purposes of payments under the Plan to the Participant’s surviving children under age 21 those children are deemed the designated beneficiaries of the Participant and any surviving spouse. Distributions to these designated beneficiaries shall, except as described below, commence within one year of the death which results in these distributions. Distributions to these designated beneficiaries shall be in accord with the Internal Revenue Code Section 401(a)(9) and applicable regulations and shall be for a period not extending beyond the life expectancy of these designated beneficiaries. These payments may continue for periods longer than five years.

A surviving spouse entitled to Qualified Pre-Retirement Survivor Annuity may elect to defer receipt of the annuity to a date no later than the date the deceased Participant would have attained 70 ½. If such a surviving spouse dies before their distribution begins and no benefits are payable to surviving children under age 21 the 5 year rule shall apply to the surviving spouse’s guaranteed benefit effective with the date of the surviving spouse’s death.

8.10 Due to the restrictions of the Internal Revenue Code the Plan does not permit Living Trusts to be a named beneficiary. This limitation does not prevent a beneficiary or Participant from requesting automatic deposit of periodic payments payable to the Participant or beneficiary into a bank account which is held by a Living Trust.