Home > Vacation Plan SPD
January 1, 2000
EIN 94-1342110
Plan 501
The Plan is established under collective bargaining agreements between U.A.
447 and employers or employer associations. It is funded by employer contributions
for eligible employees. The Plan is administered and maintained by a Joint Board
of Trustees, consisting of equal numbers of Employer Trustees and Union Trustees.
The Plan, originally effective December 19, 1956, has a designated fiscal year
from December 1 through November 30.
VACATION BENEFITS
To be eligible for vacation benefits, an employee must work for one or more
participating employers, and the employer(s) must make contributions to the
plan on behalf of the employee.
An eligible employee is entitled to payment of amounts contributed on his
or her behalf by employers during the fiscal year, minus authorized transfers,
plus a pro-rata share of earnings less administrative expenses. An annual payment
is made to all eligible employees in December. Each employee is permitted to
draw vacation benefits at other times as permitted by the Trustees, up to a
maximum of two additional withdrawals during a fiscal year. A special withdrawal
will be authorized in the event of bona fide hardship or emergency. An employee
leaving the jurisdiction of Local 447 may request vacation benefit payments
sixty (60) days after leaving the jurisdiction.
TRANSFERS TO SAVINGS ACCOUNTS AND SPECIAL PURPOSE ACCOUNTS
The first $1.43 per hour, or such other amount as may be established by the
Trustees, is deducted from employer contributions on behalf of each eligible
employee for each calendar month and deposited in a savings account in the name
of that employee. All contributions for travelers, less authorized deductions,
are deposited in individual savings accounts. An employee may withdraw any amount
deposited in his or her account at any time. If authorized in writing by the
employee, the amount or amounts established from time to time by the membership
of Local 447 are deducted from the employer contributions made to the Plan on
behalf of that employee and transferred to a special purpose account or accounts
owned by Local 447 and expressly designated on the authorization form. Trustee
Jurisdiction does not include validation of the authorization procedure nor
oversight of the use of funds.
CONTRIBUTIONS FOR RESIDENTIAL/LIGHT COMMERCIAL PARTICIPANTS
Effective July 1, 1994, the sum of $.22 per hour is deducted from the contributions
received for each general foreman, senior general foreman, foreman, journeyman,
10th period apprentice and 9th period apprentice. At the end of each fiscal
year, the amount deducted, less certain administrative expenses, is divided
among Residential/Light Commercial Participants based on the R/LC hours worked
by that participant in relation to the total R/LC hours worked during the 12-month
period ending on October 31 of the same fiscal year.
UNCLAIMED BENEFITS
Vacation benefits unclaimed within three years of the date when they are due,
or vacation checks uncashed within three years after the date of issuance, shall
permanently revert to a pooled vacation fund; and if all administrative expenses
have been covered, they shall be allocated on a pro-rata basis among eligible
employees as additional earnings. In the event of death of any employee who
is entitled to vacation benefits, payment shall be made to the beneficiary designated
by the employee under the terms of the U.A. Local 447 Health and Welfare Trust
or under the terms of this Plan, whichever designation is later. If there is
no designated beneficiary, any remaining benefits shall be paid to the employee's
surviving spouse or legal representative.
ERISA RIGHTS
As a participant in this 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 are entitled to examine without charge at the administrative
office all plan documents, including documents filed with the U.S. Department
of Labor, detailed annual reports and plan descriptions, a complete list of
participating employers and copies of pertinent collective bargaining agreements.
Copies of these documents and other plan information may be obtained by written
request to the Plan administrator for a reasonable charge to cover copying costs.
Each participant is also entitled to receive a summary of the Plan's annual
financial report. In addition to creating rights for plan participants, ERISA
imposes duties upon the people responsible for the operation of the plan. These
people, called "fiduciaries" of the plan, have the 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 vacation
benefit or exercising your rights under ERISA. If your claim for a vacation
benefit is denied in whole or in part, you must receive a written explanation
of the reason for the denial, and you have the right to have the Trustees review
and reconsider your claim.
Under ERISA, there are steps you can take to enforce the above rights. For
instance, if you request materials as provided above and do not receive them
within thirty days, you may file suit in a federal court. In such a case, the
court may require the Plan administrator to provide the materials and to pay
up to $100 per day until you receive the materials, unless they were not sent
because of reasons beyond the administrator's control. 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 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, for example, if it finds your claim is frivolous.
If you have any questions about your Plan, you should contact the Administrative
office. If you have any questions concerning this statement or about your right
under ERISA, you should contact the nearest Area Office of the Pension and Welfare
Benefits Administration, U.S. Department of Labor.
SERVICE OF PROCESS
Legal process may be served on any Trustee or upon the Plan Administrator,
5841 Newman Court, Sacramento, CA 95819 Phone (916) 457-0821
PLAN TERMINATION
This Plan may be terminated by the trustees, by the bargaining parties, or
by operation of law. On termination, any funds remaining after payment of all
administrative expenses shall be used to provide vacation benefits to eligible
employees.
|
EMPLOYER
TRUSTEES
|
EMPLOYEE
TRUSTEES
|
|
Thomas Mc
Evilly
T.M. Construction
P.O. Box 19282
Sacramento, CA 95819
|
Harry M.
Rotz
5841 Newman Court
Sacramento, CA 95819
|
|
Larry Cook
Airco Mechanical
5720 Alder Avenue
Sacramento, CA 95825
|
Richard
Bertacchi
5201 Callister Avenue
Sacramento, CA 95819
|
|
Rod Lawson
Lawson Mechanical
PO Box 15224
Sacramento, CA 95851
|
William
Haley
7589 Sycamore Drive
Citrus Heights, CA 95610
|
|
Mark Schroeder
Walker Mechanical, Inc.
1200 Dixieanne Avenue
Sacramento, CA 95815
|
Ken Boatman
5841 Newman Court
Sacramento, CA 95819
|
|
Scott Strawbridge
Mechanical Contractors Assn
1350 Hayes Street, B-1
Benicia, CA 94510
|
Richard
Pelfanio
4520 Candle Court
Sacramento, CA 95758
|
|
Elaine J.
Rose
APMC
50 Fullerton Court, Suite 100
Sacramento, CA 95825
|
Ronald Morgan
1107 Kris Way
Roseville, CA 95661
|
|
John O’Connor
c/o Luppen & Hawley
P.O. Box 245008
Sacramento, CA 95820
|
Robert Haley
2360 Marconi Avenue
Sacramento, CA 95821
|