As used in this Plan, the term "two year break in service" means two consecutive
Plan Years during which the Participant has not earned at least 500 Hours of Service in either one of those Plan Years. (2) Definition of one year break in service
As used in this Plan, the term
"one year break in service" means one Plan Year during which the Participant has not earned at least 500 Hours of Service.
(3) Waiting period after two year break in service
For the
purpose of computing Credited Service, in the case of any Participant who has a two year break in service, Credited Service before such break shall not be taken into consideration until the Participant has earned one
year of Credited Future Service after his return.
(4) Break in service
In the case of a Participant who under Paragraph 8.03 does not have a non-forfeitable right to any
accrued benefit, Credited Service before any two year break in service shall not be taken into account if the number of consecutive one year breaks in service equals or exceeds the greater of five consecutive one Year
Breaks in Service or the aggregate number of years of Credited Service prior to any two year break in service.
In the case of a Participant who prior to January 1, 1985, did not have a non-forfeitable right to
any accrued benefit, Credited Service before any two-year break in service shall not be taken into account if the number of consecutive one-year breaks in service equals or exceeds the aggregate number of years of
Credited Service prior to any such two-year break in service. This pre-January 1, 1985 break in service rule shall only apply if the Participant had experienced a two-year break in service as of December 31, 1984
and shall only affect the computation of a Participant's Credited Service accrued prior to that date.
The aggregate number of years of Credited Service before such breaks shall be deemed not to include any
Credited Service not required to be taken into account by reason of any prior break in service, under the above two paragraphs.
(5) Termination of Participation
Upon a break in service being
established as set forth in subparagraph (d) above, and the Participant no longer has any Credited Service as a result of such break in service, then such Participant shall have no rights under the Plan nor receive any
payments from the Trust Fund.
VIII.2 Postponement of Termination
An Employee's failure to earn Hours of Service shall not be counted for purposes of establishing a termination under Paragraph 8.01
above during any period such failure is attributable to any of the following causes (any such failure attributable to any other cause shall not postpone termination):
(1) Voluntary or involuntary service
with the Armed Forces of the United States, or substitute non-military services as required by law;
(2) The Participant is available for, but is unable to obtain sufficient work in Covered Employment,
provided the Trustees shall determine on a non-discriminatory basis, if conditions in the Industry warrant, postponement of termination for this reason;
(3) Permanent and total disability (as defined in
Paragraph 7.01). However, no Participant shall defer a termination as a result of a permanent and total disability unless such Participant notifies the Trustees in writing within two years of the onset of
such permanent and total disability and unless that individual first becomes a Participant prior to reaching age 55. The requirement to notify the Trustees within two years of the onset of permanent and total
disability will be retroactively tolled during any time where the Participant can demonstrate that he or she was receiving Labor & Industries payments, time loss payments or other comparable payments from a private
insurance carrier on account of total disability, provided the Participant has not gone back to work for thirty (30) or more consecutive work days since the date of the onset of the disability.
(4) Leave of Absence approved, in advance, by the Trustees;
(5) The Employee is absent from work (i) by reason of the pregnancy of the Employee, (ii) by reason of the birth of the child of the Employee,
(iii) by reason of the placement of the child in connection with the adoption of the child by the Employee, or (iv) for purposes of caring for the child during the period immediately following the birth or placement for
adoption. The Hours of Service required to be credited from Break in Service purposes under this 8.02 (i) shall only be credited (i) in the Plan Year in which the absence begins for one of the permitted reasons, if the
crediting is necessary to prevent a Break in Service in that Plan Year or (ii) in the following Plan Year. The Break in Service will only be waived if prior to the commencement of the date of the break or within 60 days
thereafter, the Employee certifies to the Trustees that the leave was taken for one of the permitted reasons set forth in this 8.02 (i).
Absence for any of the foregoing causes shall postpone the computation of the
two consecutive Plan Years during which a minimum of 500 Hours of Service must be earned in one of those years. At the end of the period allowed for such absence, the balance of the time remaining in such two year
period, computed as of the date such absence begins, shall begin to run, regardless of whether or not the last day of such balance coincides with the end of a Plan Year.
Any of the foregoing absences may be limited in
time and in scope by regulations of the Trustees uniformly applicable to all Participants in similar circumstances.
VIII.3 Vesting of Benefits on Termination of Participation
An
Employee shall have a 100% fully vested, nonforfeitable right to monthly benefits under this Plan, if on the date of his termination of participation in this Plan he has earned five (5) Years of Credited Service under
this Plan.
If a non-vested Participant's participation terminates before satisfying the aforementioned conditions, he will not receive any benefits under this Plan. If a non-vested former Participant again
becomes a Participant hereunder, his aggregate Years of Service for purposes of this paragraph shall be computed by using the same break in service rules as are used in computing Years of Credited Future Service.
VIII.4 Reemployment After Retirement
In order to be considered retired, a Participant must withdraw and completely refrain from Working in the Construction Industry. For
this purpose, a Participant shall be considered as withdrawing and completely refraining from Working in the Construction Industry if such Participant elects retirement and completes zero hours for one or more calendar
months. If a Participant who has been receiving retirement benefits returns to Work in the Construction Industry, he shall not receive a Retirement Benefit Payment for any month in which he has been employed for
over 40 Covered Hours as defined in Paragraph 5.15.
Any Participant who is receiving benefits under the Plan and who contemplates re-employment may request the Trustees for an advance determination of whether specific
contemplated employment will result in suspension of benefits. Such request for an advance determination shall be made in writing to the Trustees. In the event of an adverse determination, the individual
Participant may request a hearing before the Board of Trustees as provided for in the appeals provisions of the Plan.
