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4.3 Disability Retirement Date

A Participant who has worked at least three hundred seventy-five (375) hours per year for at least the most recent three (3) full Plan Years and who becomes totally and permanently disabled after completing seven (7) years of Credited Service and prior to his or her Normal Retirement Date shall be eligible to retire on an early disability retirement date. However, for Plan Years subsequent to July 1, 1987, a Participant who has worked at least three hundred (300) hours per year for the same time frame and under the same circumstances as stated above shall be eligible to retire on an early disability retirement date.

Such a Participant may retire as of the first day of the month following the establishment of proof satisfactory to the Trustees that he or she is totally disabled. Effective October 1, 1988, a Participant who receives a Social Security Disability award shall be eligible to begin receiving a disability retirement benefit commencing with the first month in which Social Security benefits are paid pursuant to the award. A Participant who has retired on a disability retirement date shall continue to receive his or her disability retirement income only so long as he or she continues to be totally disabled. The Participant may be required to submit proof to the Trustees from time to time as to his or her total disability.

The Trustees normally require a Social Security Disability award to establish the existence of a total and permanent disability. A Participant who has applied for Social Security Disability benefits, who suffers from a terminal illness, and whose life expectancy is less than twelve (12) months at the time of application is eligible for immediate disability pension benefits without the issuance of a Social Security award. A Participant whose work history does not meet the minimum eligibility standards for Social Security Disability benefits may qualify for disability pension benefits by submitting other evidence of total and permanent disability acceptable to the Trustees.

A Participant retiring on disability on or after July 1, 1976, shall be qualified to receive a disability retirement benefit as provided in Section 5.3.

Payment of disability retirement benefits shall terminate with the payment made on the first day of the month preceding the date on which:

  1. The disabled Participant returns to work; or

  2. The Trustees determine on the basis of a medical examination that the disabled Participant has sufficiently recovered to engage in any regular gainful employment or occupation; or

  3. The disabled Participant refuses to undergo a medical examination ordered by the Trustees to determine whether the disability is total and permanent. Fees of any physician making such examination shall be paid from the Trust Fund.


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