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Defined BENEFIT Pension Plan
Summary Plan Description (SPD)

      

INFORMATION REQUIRED BY THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

  1. Name of Plan:
    Southern California IBEW-NECA Pension Plan

  2. Type of Plan:
    This is a defined benefit pension plan. A "defined benefit" pension plan is one that has a definite formula for computing amounts of pension benefits based on your work history.

  3. Type of Administration:
    The Board of Trustees of the Southern California IBEW-NECA Pension Trust Fund is the administrator of this Plan. The Board is composed of an equal number of employer and employee Trustees. Many of the tasks of Plan administration have been delegated to salaried administrative personnel employed by the Board of Trustees of the Southern California IBEW-NECA Pension Trust Fund. The address and telephone number of the Administrative Office of the Trust Fund are as follows:

    Southern California IBEW-NECA Pension Trust Fund
    6023 Garfield Avenue,
    City of Commerce, California 90040

    Mailing Address:
    P.O. Box 910918
    Los Angeles, CA 90091
    (323) 221-5861 or 1-800-824-6935 Nationwide toll-free
    Fax: (323) 726-3520

  4. Plan Year:
    This Plan's fiscal year for record keeping and accounting purposes ends on June 30.

  5. Funding and Contributions:
    Plan participants do not contribute to this Plan. Employer contributions are the only source of funding. These contributions are made according to the collective bargaining agreements between union locals and employers (or, in some cases, other types of written agreements between employers and the Trustees). Assets of the plan are held in trust by the Bank of New York for the benefit of Plan participants and beneficiaries. Benefits are provided directly from the assets of the Trust Fund.

  6. Plan Termination and Plan Amendment:
    The Board of Trustees fully intends to maintain the Plan on a sound actuarial basis. Although there are certain legal minimum annual contributions which must be made in order to maintain the Plan, neither your Contributing Employers, nor the Union, nor the Board of Trustees, nor any of their officers, agents, or employees, guarantee in any manner, that contributions will be made. All contributions made by your employers will be placed in the Trust and all benefits under the Plan will be paid from the Trust in accordance with the Pension Plan. Any person having any entitlement to benefits under the Plan should look to the assets of the Trust for satisfaction.

    The Board of Trustees intends to continue the Pension Plan indefinitely, but reserves the right to amend the Plan, to change the method of providing benefits, or to terminate the Plan if that should ever be necessary. In such a case, you will be notified of any changes that have to be made and the reason behind any such decision. Remember, however, that no Amendment will be made to the Plan that would deprive you of benefits you had already accrued before such Amendment or change was made. Under the law, no Amendment or change can be made that would divert any part of the Trust's assets to a purpose other than for the exclusive benefit of you or your eligible beneficiaries.

    If the Plan has to be terminated, you will automatically become 100% vested in the Normal Retirement benefit you had already accrued as of the Plan's termination date (to the extent funded as of that date). This is true regardless of how much service you may have had in the Plan at that time.

    Whether you eventually receive all or part of your Plan benefit depends on whether there is enough money in the Trust Fund to pay for it, and, if not, whether the benefit is insured by the Pension Benefit Guaranty Corporation (see discussion on PBGC Coverage in Item 23 of this section.) The law sets priorities as to how the money in the Trust Fund will be used to provide benefits.

  7. Plan Merger:
    Although the Board of Trustees intends to continue this Pension Plan as it currently exists and not combine or merge it with another plan, the Trustees may, in the future, feel it is in the best interest of the Plan's participants to merge the Plan and Trust Fund with another pension trust. In the event that this happens, you will not receive a benefit after the merger that is any less than the benefit you would have received on the date of the merger.

  8. Collective Bargaining Agreements:
    This Plan is the result of several different collective bargaining agreements. Copies of these agreements are available to you at the Administrative Office. You may buy copies on written request to the Administrative Office, for a reasonable charge, or you may examine copies at the Administrative Office free of charge.

  9. Participating Employers and Employee Groups:
    The Administrative Office will give you information as to whether a particular employer or employee group is participating in this Plan. If the employer or employee group is participating in this Plan, the Administrative Office will give you the employer's or employee group's address.

  10. Administrative Office:
    Southern California IBEW-NECA Pension Trust Fund
    6023 Garfield Avenue,
    City of Commerce, California 90040
    Mailing Address:
    P.O. Box 910918
    Los Angeles, CA 90091
    (323) 221-5861 or 1-800-824-6935 Nationwide toll-free
    Fax: (323) 726-3520

  11. Plan Administrator:
    Board of Trustees
    Southern California IBEW-NECA Pension Trust Fund
    6023 Garfield Avenue,
    City of Commerce, California 90040
    Mailing Address:
    P.O. Box 910918
    Los Angeles, CA 90091
    (323) 221-5861

12. Labor Trustees (IBEW) Management Trustees (NECA)
Mr. Marvin Kropke, Secretary
IBEW Local 11
P.O. Box 910918
Los Angeles, CA 90091
Mr. James Willson, Chairman
NECA, L.A. County Chapter
P.O. Box 910918
Los Angeles, CA 90091
Mr. John A. Brown
IBEW Local 477
P.O. Box 910918
Los Angeles, CA 90091
Mr. Daniel Bozick
NECA, S. Sierras Chapter
P.O. Box 910918
Los Angeles, CA 90091
Mr. Chip Martin
IBEW Local 441
P.O. Box 910918
Los Angeles, CA 90091
Mr. Stephen Brown
NECA, Orange County Chapter
P.O. Box 910918
Los Angeles, CA 90091
Mr. Marshall Goldblatt
IBEW Local 11
P.O. Box 910918
Los Angeles, CA 90091
Mr. Stan Lazarian
NECA L.A. City Chapter
P.O. Box 910918
Los Angeles, CA 90091
Mr. Robert C. Frost
IBEW Local 440
P.O. Box 910918
Los Angeles, CA 90091
Mr. Michael Richards
NECA L.A. City Chapter
P.O. Box 910918
Los Angeles, CA 90091
Mr. Dean Todd
IBEW Local 11
P.O. Box 910918
Los Angeles, CA 90091
Mr. David Shankle
NECA S. Sierras Chapter
P.O. Box 910918
Los Angeles, CA 90091
Alternate Labor Trustees Alternate Management Trustees
Mr. Allen Case
IBEW Local 477
P.O. Box 910918
Los Angeles, CA 90091
Mr. Tom Ispas
NECA S. Sierras Chapter
P.O. Box 910918
Los Angeles, CA 90091
Mr. Mark Heers
IBEW Local 440
P.O. Box 910918
Los Angeles, CA 90091

Mr. Eric Cartier
NECA L.A. City Chapter
P.O. Box 910918
Los Angeles, CA 90091

Mr. Ken Bock
IBEW Local 441
P.O. Box 910918
Los Angeles, CA 90091
 
Mr. Barry Meyer
IBEW Local 11
P.O. Box 910918
Los Angeles, CA 90091
 
Mr. Gaylord Roten
IBEW Local 11
P.O. Box 910918
Los Angeles, CA 90091
 
  1. Actuary:
    Milliman, Inc.

  2. Auditor:
    Miller, Kaplan, Arase & Co.

  3. Legal Co-Counsel:
    Melissa W. Cook & Associates
    Law Offices of Carroll & Scully, Inc.

  4. Agent for Service of Legal Process:
    Southern California IBEW-NECA Pension Trust Fund
    6023 Garfield Avenue,
    City of Commerce, California 90040

    Service of legal process may also be effected by serving the Board of Trustees or any single Trustee of the Southern California IBEW-NECA Pension Trust Fund.

  5. Employer ID Number
    The Employer Identification Number (EIN) issued to the Board of Trustees of the Southern California IBEW-NECA Pension Trust Fund by the Internal Revenue Service is 95-6392774.

  6. Participation
    You are entitled to participate in this Plan if your employer makes contributions to the Trust Fund on your behalf. Once you have worked a total of 750 Covered Hours in two consecutive Plan Years, you become a Participant. See Question/Answer 1 and Article 2 of the Pension Plan.

  7. Eligibility for Benefits
    The Plan’s requirements with respect to eligibility for benefits are described in Articles 3, 6, and 7 of the Pension Plan. The Normal Retirement Age under the Pension Plan is age 65. A Participant is eligible for a Normal Pension benefit under the Plan if he has not lost all Credited Service as a result of completing a period of Divesting Years (as described in Question/Answer 4.

  8. Joint and Survivor Benefits
    This Plan provides a joint and survivor benefit to a participant who is married at the time he retires, unless the employee and his spouse elect to reject such benefit. The details concerning this benefit are set forth in Article 5 of the Pension Plan.

  9. Circumstances Which May Result in Disqualification or Ineligibility for, or Denial, Suspension or Loss of Benefits.
    1. A Permanent Break in Service which occurs before the Participant becomes vested has the effect of canceling his or her participation and previously accrued Credited Service.

    2. Working in Non-Covered Electrical Employment will generally result in the loss of eligibility for early retirement benefits for pension benefits accrued on or after October 1, 1987 under the Pension Plan and will cause a Suspension of Benefits, if already retired.

    3. If a pensioner becomes employed in certain kinds of work specified in the Plan, his pension benefits will be suspended. See Article 9 of the Pension Plan.

    4. If you fail to work at least 375 hours in each of two consecutive Plan Years, you will incur a “Grace Period”, which results in a reduction of your early retirement benefits. See Plan Section 4.4(c).

    5. Benefits may be denied, suspended or discontinued due to willfully false or incomplete statements, or fraudulent information or proof submitted to the Pension Trust Fund by a participant or beneficiary. Pension benefits may be suspended to recover any benefits made erroneously due to reliance on such statements, information or proof.


  10. Your Rights Under ERISA
    As a participant in the Southern California IBEW-NECA Pension Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Plan participants shall be entitled to examine without charge, at the Administrative Office and at other locations (such as Local Unions) all Plan documents, including any insurance contracts, collective bargaining agreements and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor.

    You are entitled to obtain, upon written request to the Administrative Office, documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements and copies of the latest annual report (Form 5500 Series) and an updated Summary Plan Description. The Administrator may make a reasonable charge for the copies.

    You are entitled to receive a summary of the Plan’s annual financial report. The Plan Administrator is required by law to furnish each party a copy of this Summary Annual Report (SAR). Each participant must be furnished, free of charge, with a copy of a summary of the Plan's annual financial report.

    You may obtain a statement telling you whether or not you have a right to receive a pension at normal retirement age (age 65) and if so, what your benefits would be at normal retirement age if you stopped working under the plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to get a right to a pension. This statement must be requested in writing and is not required to be given more than once a year. The Administrative Office will provide this statement free of charge.

    In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your plan, called "fiduciaries" of the Plan, have a duty to act prudently and in the interest of you and other Plan participants and beneficiaries. No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you, in any way, to prevent you from obtaining a pension benefit or exercising your rights under ERISA. If your claim for a pension benefit is denied, in whole or in part, you must receive a written explanation of the reason for the denial. You have the right to have the Plan review and reconsider your claim. The procedure for appealing a benefit denial is described under the heading “Appeals Procedure.”

    Under ERISA, there are steps you can take to enforce your rights. For instance, if you request materials from the Plan and do not receive them within 30 days, you may file suit in a Federal court.

    In such case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. If it should happen that plan fiduciaries misuse the plan’s decision or lack thereof concerning the status of a qualified domestic relations order, you may file suit in Federal court. In addition, if you disagree with the Plan’s decision or lack thereof concerning the status of a qualified domestic relations order, you may file suit in Federal court. If it should happen that plan fiduciaries misuse the plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees if, for example, it finds your claim is frivolous.

    If you have any questions about your rights you should contact the Administrative Office or the nearest Area Office of the Employee Benefits Security Administration, U.S. Department of Labor, located at 1055 East Colorado Boulevard, Suite 200, Pasadena, CA 91106-2341, telephone(626) 229-1000.

  11. PBGC Coverage:
    Your pension benefits under this multiemployer plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. A multiemployer plan is a collectively bargained pension arrangement involving two or more unrelated employers, usually in a common industry.

    Under the multiemployer plan program, the PBGC provides financial assistance through loans to plans that are insolvent. A multiemployer plan is considered insolvent if the plan is unable to pay benefits (at least equal to the PBGC’S guaranteed benefit limit) when due.

    The maximum benefit that the PBGC guarantees is set by law. Under the multiemployer program, the PBGC guarantee equals a Participant’s years of service multiplied by (1) 100% of the first $11.00 of the monthly benefit accrual rate and (2) 75% of the next $33.00. The PBGC maximum guarantee limit is $16.25 per month times a Participant’s years of service. For example, the maximum annual guarantee for a retiree with 30 years of service would be $5,850.00.

    The PBGC guarantee generally covers: (1) Normal and early retirement benefits; (2) disability benefits if you become disabled before the Plan becomes insolvent; and (3) certain benefits for your survivors.

    The PBGC guarantee generally does not cover: (1) Benefits greater than the maximum guaranteed amount set by law; (2) benefit increases and new benefits based on Plan provisions that have been in place for fewer than 5 years at the earlier of: (i) the date the Plan terminates or (ii) the time the Plan becomes insolvent; (3) benefits that are not vested because you have not worked long enough; (4) benefits for which you have not met all of the requirements at the time the Plan becomes insolvent; and (5) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay, and severance pay.

    For further information about the PBGC and the benefits it guarantees, ask your Plan Administrator or contact the PBGC at PO Box 151750, Alexandria, VA 22315-1750 or call (800) 400-7242 or (202) 326-4000 (not a toll-free number). TTY/TTD users may call the federal relay service toll-free at 1-800-877-8339 and ask to be connected to (800) 400-7242. Additional information about the PBGC’s pension insurance program is available through the PBGC’s website on the Internet at www.pbgc.gov.