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THE FIFTH REVISED PENSION PLAN AGREEMENT
AND DECLARATION OF TRUST
ESTABLISHING THE U.A. LOCAL NO. 447 PENSION FUND
(As Amended and Restated Effective July 1, 2004)
THE PENSION PLAN AGREEMENT AND DECLARATION OF TRUST, originally effective July
1, 1956 and amended and restated effective January 1, 1985, October 24, 1994
and July 1, 1999, is hereby amended and restated effective July 1, 2004, by
and between the undersigned Union Trustees and Employer Trustees, who, together
with their successor Trustees designated in the manner hereinafter provided,
are hereinafter collectively referred to as "Trustees".
WHEREAS, U.A. Local Union No. 447, hereinafter referred to as the "Union",
is a labor organization; and
WHEREAS, the Union now has and will hereafter have in effect Collective
Bargaining Agreements with certain Employers requiring periodic payments by
such Employers to a Trust Fund for the purpose of providing retirement and related
benefits for Participants and Beneficiaries, such Employers being represented
by the Associated Plumbing and Mechanical Contractors of Sacramento, Inc., hereinafter
referred to as the "Employer Organization"; and
WHEREAS, the Union and each Employer who is a party to, or otherwise
bound by, such a Collective Bargaining Agreement which accepts this Agreement
and Declaration of Trust and agrees to be bound by the provisions thereof shall,
upon acceptance by the Trustees, be deemed a party to this Agreement and Declaration
of Trust; and
WHEREAS, to effectuate the aforesaid purpose, it is desired to establish
and maintain a Trust Fund which will conform with the requirements of the Employee
Retirement Income Security Act of 1974 and any subsequent amendments thereto
and regulations promulgated pursuant thereto, and any such other federal or
state law as may be or become applicable; and
WHEREAS, there is a need to update the Pension Plan documents to consolidate
numerous amendments that have been enacted and to better clarify the terms of
the Agreement and Declaration of Trust;
NOW, THEREFORE, in consideration of the premises and in order to establish
and provide for the maintenance of the aforesaid Trust Fund, to be known as
the U.A. Local No. 447 Pension Fund, hereinafter referred to as the "Trust Fund",
the undersigned Union Trustees and Employer Trustees declare that they will
comply with the specified terms of the Pension Plan and will receive and hold
such contributions and other money or property which may come into the Trust
Fund pursuant to the following powers and duties and for the following uses,
and none other.
ARTICLE I - GENERAL
1.1 Name
1.2 Exclusive Benefit of Participants
1.3 Limitations on Employer and Union Responsibilities.
1.4 Continuation of Trust Fund.
