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Defined BENEFIT Pension Plan
Plan Document

      

AMENDMENT NO. 6
TO THE
SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN

This Amendment to the Southern California IBEW-NECA Pension Plan (“Plan”) executed this 5 th day of November, 2008, is made by the Board of Trustees of the Southern California IBEW-NECA Pension Trust Fund (“Board of Trustees”) with reference to the following facts and circumstances:

  1. The Board of Trustees wishes to amend certain provisions of the Plan to remove inadvertent typographical errors.
  2. The Board of Trustees have reserved to themselves the ability to amend the Plan from time to time.

NOW THEREFORE, the Plan is amended as follows:

  1. Article 9, Section 9.7(a)(3) is amended by renumbering the provision which provides “Effective May 1, 2006, Employment with the State of Califoria Department of Apprenticeship Standards” as Section 9.7(a)(3)(viii).
  2. Article 9, Section 9.7(h)(2) of the Plan is amended by replacing the reference to “Section 9.7(c)(2)” with “Section 9.7(b)(2) and (c)(1)”.
  3. Article 9, Section 9.7(h)(3) of the Plan is amended by replacing the existing language with the following:

    “(3) Active Vested Participants and Inactive Vested Participants with pre-amendment benefit accruals who have not previously applied for a Pension due to their having engaged in Suspendible Employment or suspendible activity: These participants shall receive a copy of this Amendment. They shall be advised those who file an application within six (6) months of the Plan’s mailing of notice of this Amendment and who meet all other requirements of the Plan shall be offered, as to their pre-amendment benefit accrual as set forth in the applicable Subsection of Section 9.7(b)(2) and 9.7(c)(1), the same annuity starting date options, including if applicable interest, as are provided under Subsection 9.7(h)(2) above.

    “All other terms and conditions of the Plan shall remain in full force and effect. This new Subsection shall be construed and interpreted to assure good faith compliance with Revenue Procedure 2005-23. No provision has been included for non-pensioners for periods of post-Normal Retirement Age work of 40 hours or more per month in Suspendible Employment as defined in Section 9.7(c) because such activity prior to the mandatory commencement date of pension benefits has, at all relevant times, always constituted Suspendible Employment under the Plan. In addition, no provision has been included for participants or retirees who engage in any Suspendible Employment prior to attainment of Normal Retirement Age as defined in Section 9.7(a)(1) because such activity has always, at all relevant times, constituted Suspendible Employment under the Plan resulting in a suspension of pension benefits for any month in which a pensioner engages in Suspendible Employment. No actuarial increase for delayed retirement beyond Normal Retirement Age is available for any month in which the participant engaged in an activity which would result in the suspension of monthly pension benefit payments.

  4. Article 9, Section 9.7(b)(2)(i) of the Plan is amended by replacing the existing language with the following:

    “Only benefits accrued on or after July 1, 1986 shall be suspended for any month in which a Pensioner holds a C-10 Electrical Contracting License and only benefits accrued on or after March 1, 1995 shall be suspended for any month in which a Pensioner holds any other form of Electrical Contracting License, including but not limited to a C-7 License.”

  5. All other terms and conditions of the Plan shall remain in full force and effect.

This Amendment shall be effective June 1, 2004.

Executed this 5th day of November, 2008 at Commerce, California.
Board of Trustees
Southern California IBEW-NECA
Pension Trust Fund

By: Signature on File
Chairman

By: Signature on File
Secretary