Section VIII: Suspension Of Benefits

If you retire before age 63 and return to work in the plumbing and piping industry, your retirement benefit will cease and you will not be allowed to retire again until age 63. At age 63 you will receive your full normal retirement benefit, reduced by the value of any benefits already paid to you.

If you retire after age 63 and return to work in the plumbing and piping industry within the State of California, your retirement benefit will be suspended for any month you work 40 or more hours.

The Trustees have clarified the above rules as follows: First, you may work up to 39 ½ hours in any month prior to age 63 for a signatory contractor without a benefit suspension. If you work 40 hours or more in any calendar month, you will not be permitted to draw any further benefits until you attain age 63. Second, reciprocal contributions received by this Plan are treated the same as all other contributions. Therefore, if you work outside the State of California but elect to have your contributions transferred back to this Plan under reciprocity, your benefits will be suspended for any month in which you worked 40 hours or more.

The Plan suspension rules shall not apply if you perform covered work for a Sponsoring Employer during the period from July 1, 2000 through June 30, 2001, provided that (1) at the time of retirement you have separated from service with the Sponsoring Employer or former Sponsoring Employer in whose employment you most recently earned benefit credit, and (2) you notify the Plan in writing of such employment as explained on page 14 of your Plan booklet. You will be deemed to be separated from service with your most recent Sponsoring Employer if you have refrained from employment in the plumbing and piping industry and have been receiving benefits from the U.A. Local No. 447 Pension Plan for a period of at least six (6) months. Please note that this exemption from suspension does not apply to any Participant who accepts employment in Noncovered Plumbing and Piping Industry Service.

Monthly benefits will also not be suspended because of employment as an inspector for a city, county or the State of California. In addition, if the Trustees, by resolution duly recorded in the minutes, determine that there is a shortage of journeymen in any classification covered by the Collective Bargaining Agreement, the retirement benefits of any retiree accepting employment in such classification through the Union employment office will not be suspended during the months in which he or she was employed.

If you are not certain whether accepting a particular job will result in suspension of your benefits, you may request a decision in advance by writing to the Administrative Office.

You must notify the Administrative Office in writing if you plan to engage in such work, giving the name and address of the employer, the job site, and the probable length of employment. If you fail to provide the required notice and engage in such employment, the Plan will assume that you worked at least 40 hours each month you were employed. If you worked on a construction site, the Plan will assume you worked at least 40 hours every month that your employer performed work at that site.

If your benefits are suspended, benefits will not recommence until the third calendar month after you notify the Plan in writing that you have ceased employment in the industry.