13. CAN I WORK AFTER RETIREMENT?

Upon commencing your pension, you will receive a notice from the Trustees which provides information about the industries and geographies which may cause your pension to be suspended. It is important for you to notify the Fund Office to obtain a determination from the Trustees before you commence employment with any employer that may cause your benefit to be suspended. Please note that working even one hour in Non-Covered Electrical Employment after retirement can affect your pension and in some cases your Retiree Health Benefits.

The Plan rules on suspension of benefits upon re-employment of a pensioner are based on the age of the pensioner when the work is performed or when the suspendible activity occurs.

1. Suspension of Benefits Payable Prior to Normal Retirement Age
   The Board of Trustees has established "Rules Concerning (1) Starting Benefits for Early Retirement; and (2) Suspension of Benefits for Early Retirees Returning to Work in the Electrical Construction Contracting Industry," which set forth the general and specific rules regarding working in the electrical construction industry after early retirement. You should contact the Trust Fund Administrative Office to obtain a copy of those Rules and get a recommendation from the Board of Trustees. If you are under age 65 except as provided in Section 9.7(a)(3) of the Plan, you cannot receive pension benefits from this Plan if you are engaged in any employment described in Article 9.7(a)(1) of the Plan, which prohibit an early retiree from the following: (1) work as an employee, employer, consultant, sole proprietor, or independent contractor in the jurisdiction of the Union or in the jurisdiction of any other Local Union of the IBEW which maintains a Related Plan (2) work of the same type performed by the pensioner on his date of retirement; and (3) work which requires use of the same skills performed by the pensioner on his date of retirement. In addition, benefits will be suspended for any month in which an early retiree engages in the following Suspendible Activities:
   
   1. Benefits accrued on or after July 1, 1986 will be suspended for any month in which you hold a C-10 or C-7 License or any other electrical contracting license.
      
   2. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you hold any other license that permits electrical work to be conducted including but not limited to a B License.
      
   3. Benefits accrued on or after July 1, 1986 will be suspended for any month in which you are registered for employment at any hiring hall in the electrical contracting industry except registration for and/or work off of an IBEW Maintenance Dispatch list.
      
   4. Benefits accrued on or after March 1, 1995 will be suspended for any month in which you register for employment at a hiring hall for work off of an IBEW Maintenance Dispatch list if working off of the list would result in pension contributions made on your behalf to an IBEW sponsored pension plan.
      
   5. Benefits accrued on or after July 1, 1986 will be suspended for any month in which you seek employment in the electrical construction contracting industry by means other than the union hiring hall. For example, work in a Temporary Agency that places individuals with Employers that perform work in the electrical construction contracting industry is prohibited employment.
      
   6. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you are employed as an estimator, project manager, or similar position for an electrical contractor if that contractor is signatory to a collective bargaining agreement with an IBEW Local Union. Working in this capacity with a non-signatory electrical contractor or other firm performing the same services is prohibited for all periods of benefit accruals.
      
   7. Benefits accrued on or after December 1, 2004 will be suspended for any month in which you work as an Inspector under a collective bargaining agreement requiring contributions to the Plan.
      
   8. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you register for work off of an IBEW Maintenance Dispatch List if working off of the list would not result in pension contributions made on your behalf to an IBEW sponsored pension plan.

      Maintenance is defined as routine, recurring and usual work for the preservation, protection and keeping of any facility for its intended purpose in a safe and continually useable condition. The following are examples of work that is permissible under the definition of Maintenance:

      1. Moving receptacles; adding receptacles or lights to an existing circuit; and moving or adding switches to an existing circuit;
         
      2. Replacing a panel with a like-for-like- panel, or replacing a motor with a like-for-like motor;
         
      3. Adding a circuit to an existing conduit home run.
         
         Maintenance does not include Electrical Construction (new or remodel). Performing Electrical Construction other than the items specifically described in Items 1-3 above will constitute suspendible employment.
         
   9. Benefits accrued on or after March 1, 1991 will be suspended for any month in which you work for the Los Angeles Department of Water and Power in any classification other than as a permanent employee.
      
   10. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you work as an electronic or computer technician.
       
   11. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you perform electrical work in Civil Service at the city, state, county or federal level.
       
   12. Benefits accrued on or after December 1, 1990 will be suspended for any month in which you engage in Civil Service employment under IBEW Local 11 – City of Los Angeles Specialty Agreement.
       
   13. Benefits accrued on or after March 23, 2000 will be suspended for any month in which you instruct in any electrical training program or retail-based electrical instruction other than IBEW-NECA sponsored training programs. For example, employment with Home Depot or a trade school would be prohibited employment. Such employment is also considered as a form of Non-Covered Electrical Employment requiring a suspension of benefit accruals earned on or after March 1, 2005 until age 65.
       
   14. Benefits accrued on or after October 1, 1987 will be suspended for any month in which you engage in Non-Covered Electrical Employment (see Question 12 for a description of Non-Covered Electrical Employment).
       
   15. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you perform the task of inspecting electrical work for quality control purposes and no other Suspendible Employment.
       
   Please note that for Non-Covered Electrical Employment, the suspension is not only for the month in which you work but lasts until you attain Normal Retirement Age.
   
   The following is a list of types and locations of employment that early Retirees can perform and still receive pension benefits upon prior written notice to the Trustees and receipt of approval by the Trustees with regard to such employment:
   
   1. Electrical Inspector;
      
   2. Instructor or Trainer in the field of electrical work if you are employed by an IBEW-NECA sponsored training program;
      
   3. Employment by an AFL-CIO sponsored Council at the local, state or national level;
      
   4. Employment by the IBEW International Office, the National Office of the National Electrical Contractors Association (NECA) or with any IBEW or NECA affiliated entities;
      
   5. Employment as a salesperson at an electrical wholesale or manufacturing facility;
      
   6. Employment by Johnson Controls as an Estimator if not job-site based and if not involved in hiring or firing electricians from July 1, 2004 through January 31, 2006;
      
   7. Effective May 1, 2006 employment with the State of California Department of Apprenticeship Standards.
      
   8. Employment exclusively as an Examining Board Officer of an IBEW Local Union.
      

The following examples help illustrate the Suspension of Benefits rules for Participants who have not reached their Normal Retirement Age:

Example 1: Bill is receiving his pension benefit and decides to go back to work as a Sales Associate for Home Depot. Bill’s employment with Home Depot is considered Suspendible Employment because Home Depot conducts electrical clinics for the public. These clinics are considered as retail based instruction and so his employment is considered Suspendible Employment requiring a suspension of all pension benefits earned for employment after March 23, 2000. It is also considered Non-Covered Electrical Employment requiring a suspension of all pension benefits earned for employment after March 1, 2005 until Bill reaches age 65. Bill can continue to work for Home Depot but will only receive that portion of his benefit which is not suspended. (Refer to Article 9.7(b)(2)(xiii) of the Pension Plan document.)

Example 2: Bill is retired and decides to work for a General Contractor inspecting the electrical work of electrical sub-contractors for purposes of quality control. He is not enforcing the electrical codes, regulations or ordinances. His job is to determine whether the work is done to bid and contract specifications. Bill’s employment is considered Suspendible Employment requiring a suspension of his pension benefit earned for employment after August 1, 2003. He can continue working for the General Contractor and receive that portion of his benefit which was not suspended. (Refer to Article 9.7(b)(2)(xv) of the Pension Plan document.)

Example 3: Bill is retired and decides to work for a different General Contractor performing the same job responsibilities as in Example 2 above. However, the General Contractor who employs Bill also employs individuals who perform electrical work. Because the employees of this Employer perform the same work as employees of IBEW signatory contractors, Bill’s employment is also Non-Covered Electrical Employment requiring a suspension of all pension benefits earned for employment after October 1, 1987 until he reaches age 65. He can continue working for this Employer and receive that portion of his benefit that was not suspended. (Refer to Article 9.7(b)(2)(xv) of the Pension Plan document.)

Example 4: Bill has retired and is working for the City of Los Angeles as an Electrical Inspector. Since he is working for a public entity enforcing codes and regulations, he can continue working for the City of Los Angeles and receive his full pension benefit at the same time. (Refer to Article 9.7(b)(2)(xv) of the Pension Plan document.)

Example 5: Bill has retired and is receiving his pension benefits. He decides to take a temporary position with the Los Angeles Department of Water and Power (DWP) as an electrical mechanic. Bill is working in Suspendible Employment. He can continue working in this capacity; however, all of his pension benefits earned for employment after March 1, 1991 will be suspended. If Bill was working in the same capacity as a permanent Civil Service employee for the DWP only his pension benefits earned after August 1, 2003 would be suspended. (Refer to Article 9.7(b)(2)(ix) of the Pension Plan document.)

Example 6: Bill is retired and registers with a Temporary Agency which places individuals with Employers who perform electrical work. Even though Bill never is placed with any employers, by signing with the Temporary Agency he has attempted to find work in the electrical construction contracting industry. Even though he was not working, his pension benefits will be suspended for any month he was registered with this Agency. The amount of his pension suspended will be the amount he earned for employment after July 1, 1986. However, if he is placed with an employer that performs electrical work, the employment is Non-Covered Electrical Employment requiring a suspension of all pension benefits earned for employment after October 1, 1987 until he reaches age 65. If the work he is performing constitutes electrical work the totality of his pension benefits is subject to a suspension during the months when any work is actually performed. (Refer to Article 9.7(b)(2)(v) of the Pension Plan document.)

Example 7: Bill has retired and after a month decides to go back to work with a contributing employer as an off-site Project Manager. The pension benefit he earned for employment after August 1, 2003 will be suspended. He can continue to work and receive that portion of his benefit that was not suspended. (Refer to Article 9.7(b)(2)(vi) of the Pension Plan document.)

Example 8: Bill has retired and after a month decides to go back to work for a non-signatory electrical contractor as a Project Manager. All of Bill’s benefits will be suspended as long as he continues to be employed because he is working for a contractor who is not signatory to an IBEW collective bargaining agreement. This work is Non-Covered Electrical Employment resulting in a suspension of pension benefits accrued on or after October 1, 1987 for each and every month until age 65. (Refer to Article 9.7(b)(2)(vi) of the Pension Plan document.)

2. Suspension of Benefits on or After Age 65
   Between your Normal Retirement Date and your Mandatory Commencement Date (as defined below), your pension will be suspended only if you work 40 or more hours in a calendar month in suspendible employment as follows:

(1) work as an employee, employer, consultant, sole proprietor, or independent contractor in the State of California (2) work of the same type performed by the pensioner on his date of retirement; and (3) work which requires use of the same skills performed by the pensioner on his date of retirement. Working in otherwise suspendible employment at age 65 or later, outside the State of California is not considered to be suspendible employment

In addition, all or part of your pension will be suspended if you work in the State of California for 40 or more hours per month in the following types of employment:

1. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you are employed as an estimator, project manager, or similar position for an electrical contractor if that contractor is signatory to a collective bargaining agreement with an IBEW Local Union.
   
2. Benefits accrued on or after December 1, 2004 will be suspended for any month in which you work as an Inspector under a collective bargaining agreement requiring contributions to the Plan.
   
3. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you perform electrical maintenance if the work does not require contributions to this Plan or any Related Plan.

   Maintenance is defined as routine, recurring and usual work for the preservation, protection and keeping of any facility for its intended purpose in a safe and continually useable condition. The following are examples of work that is permissible under the definition of Maintenance:

   1. Moving receptacles; adding receptacles or lights to an existing circuit; and moving or adding switches to an existing circuit;
      
   2. Replacing a panel with a like-for-like- panel, or replacing a motor with a like-for-like motor;
      
   3. Adding a circuit to an existing conduit home run.

   Maintenance does not include Electrical Construction (new or remodel). Performing Electrical Construction other than the items specifically described in Items 1-3 above will constitute suspendible employment.

4. Benefits accrued on or after March 1, 1991 will be suspended for any month in which you work for the Los Angeles Department of Water and Power in any classification other than as a permanent employee.
   
5. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you work as an electronic or computer technician.
   
6. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you perform electrical work in Civil Service at the city, state, county or federal level.
   
7. Benefits accrued on or after December 1, 1990 will be suspended for any month in which you engage in Civil Service employment under an IBEW Local 11 – City of Los Angeles Specialty Agreement.
   
8. Benefits accrued on or after March 23, 2000 will be suspended for any month in which you instruct in an electrical training program or retail-based program other than IBEW-NECA sponsored training programs.
   
9. Benefits accrued on or after August 1, 2003 will be suspended for any month in which you perform the task of inspecting electrical work for quality control purposes and no other Suspendible Employment.
   

3. Suspension of Benefits on or After Mandatory Commencement Date
   If you are over your Mandatory Commencement Date, there are no restrictions on your employment that would result in a suspension of your pension. Your Mandatory Commencement Date is the April 1 following the calendar year in which you attain age 70 ½. In no event will your benefit be suspended beyond your Mandatory Commencement Date. However, at your option, distribution of benefits would commence upon the later of April 1 of the calendar year following actual retirement or attainment of age 70 ½, if you are not considered a 5% owner. Please contact the Fund Office to determine your specific situation.