12. WILL MY ELIGIBILITY FOR A PENSION BE AFFECTED IF I WORK IN NON-COVERED ELECTRICAL EMPLOYMENT AT ANY TIME BEFORE I RETIRE?

Non-Covered Electrical Employment means any type of work whether electrical or not, which is performed as an employee, supervisor, sole proprietor, officer, director, partner, or corporate owner for an entity in the same trade, craft or industry covered by the Plan in the jurisdiction of any union whose members are Participants in this plan or any other local of the International Brotherhood of Electrical Workers. Employment which is not subject to collective bargaining for an Employer who is signatory to collective bargaining with the Union is not Non-Covered Electrical Employment.

If you work in Non-Covered Electrical Employment on or after October 1, 1987 and after the date you first became a participant in this Plan, your pension benefits accrued on or after October 1, 1987 will be suspended until you reach Normal Retirement age of 65 unless you again return to covered employment and earn at least five (5) years of Credited Service without returning to Non-Covered Electrical Employment. Five (5) years of Credited Service requires 7,500 Covered Hours.

Any electrical training program or retail-based electrical instruction other than IBEW-NECA sponsored electrical training, is Non-Covered Electrical Employment. If you work in this type of Non-Covered Electrical Employment, your pension benefits accrued on or after March 1, 2005 will be suspended until you reach age 65.

Non-Covered Electrical Employment does not depend only on the type of work you do but also for whom you are working. To protect your benefit rights because the penalties for engaging in Non-Covered Electrical Employment are severe, always contact the Fund Office to obtain a determination from the Board of Trustees to assure the work does not constitute Non-Covered Electrical Employment prior to commencing any work (other than that through an IBEW Union Hiring Hall). The following are some examples of Non-Covered Electrical employment:

Example 1: Work as a truck driver for a non-signatory contractor

Example 2: Work as an accountant with an electrical contractor who is not signatory to the IBEW even if the employer has a signed collective bargaining agreement with a Union other than the IBEW

Example 3: Work as a manager with a General Contractor where the Contractor performs electrical work with its own employees and where the Contractor is not signatory with an IBEW Local Union

Example 4: Work as a supervisor with a General Contractor where the job entails supervising employees of a Non-Union Electrical Sub-Contractor working on the job for the General Contractor

Example 5: Work in California with a nationwide construction firm which also performs electrical contracting work in New York and is not signatory to an IBEW collective bargaining agreement in that state, even if the firm does no electrical contracting whatsoever in California

Please note this restriction applies only to the suspension of early retirement pension benefits and does not apply to pre-retirement death benefits. Disability Benefits are subject to the Suspension Rules as discussed in Question 11, paragraph C(6) and in Question 13.

Please refer to Articles 3.2, 4.5 (if an inactive participant) in the Pension Plan document for additional details.