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Annual Benefit Plan Document
Definitions
Benefits & Eligibility
Payment of Benefits
General Provisions
Educational Benefit
Ammendment & Termination

Summary Annual Report
Summary of Material Modifications

ITPE Annual Benefit Plan

Part II.
Summary Plan Description


Before we get down to the specifics of the Plan, we would advise you to read the definitions and refer to them as you are reading this document. The Plan is easy to understand, if you follow these definitions.

We have written this Summary Plan Description in language that is simple. Yet, any employee benefit plan, by its very nature, has unique terms. Please look carefully at the definitions contained in Part III of this document. This will enable you to become more familiar with the Plan.

If you have any questions, do not hesitate to contact the Contract Administrator.

Always bear in mind that the written terms of the entire Plan govern, no matter what anyone else tells you. The Plan may be amended from time to time by the Trustees. Such amendments will be posted to the Plan's web site and will be distributed to each participant as a supplement to the published booklet.

 Frequently Asked Questions
  1. What Benefits Are Provided by the
    ITPE Annual Benefit Plan?
  2. How Are Benefits Paid?
  3. If I Make an Application and I
    Indicate That There is More Than
    One Type of Benefit Due Me,
    Will I Receive All the
    Benefits in One Check?
  4. What Are the Requirements as to When
    to Make an Application for Benefits?
  5. What If My Existing Vacation, Holiday
    or Sick Leave Benefits Are Higher Than
    Those Provided by the Standard Benefit Package of the ITPE Annual Benefit Fund?
  6. How Are Benefit Payments Calculated?
  7. Are the Benefits Paid to Me by the ITPE
    Annual Benefit Fund Taxable to Me?
  1. Does the ITPE Annual Benefit Fund Make Any Other Payments On My Behalf?
  2. Is There Anything Else I Should Know About Filing an Application?
  3. Are There Any Time Limits For Filing An Application For Benefits?
  4. Are There Any Circumstances Under Which My Benefits Can Be Forfeited?
  5. What Happens If I Become Disabled?
  6. Can My Accrued Benefits be Attached by a Creditor?
  7. Do I Have A Right To Appeal If My Application For Benefits Is Denied?
  8. What Benefits Do Seasonal Employees Receive?

What Benefits Are Provided by the ITPE Annual Benefit Plan? The benefits provided by the Annual Benefit Plan shall be governed by collective bargaining between the Union and contributing Employers. The Plan shall pay such vacation, holiday, sick leave, training, bereavement, jury duty and educational benefits as are specified in the Collective Bargaining Agreement covering your place of work. If the Collective Bargaining Agreement does not specifically describe the benefits to be provided by the Plan, or provides that such benefits shall be those specified under the Plan's "Standard Benefit Package", employees covered by that Collective Bargaining Agreement shall receive the benefits contained in the "Standard Benefit Package". Please refer to Section 1.15 of the Plan Document found in Part III for the definition of the term "Standard Benefit Package".

The Standard Benefit Package of the ITPE Annual Benefit Plan provides holiday pay, sick pay, vacation pay, training pay, bereavement pay, jury duty pay and educational benefits to employees of employers who are bound by a collective bargaining agreement to make contributions to the ITPE Annual Benefit Fund. No benefits will be paid for any period of time during which an Employer is more than two months delinquent in remitting its contributions to the Fund. However, such benefits will be paid as soon as such delinquency is eliminated. The Board of Trustees of the ITPE Annual Benefit Fund shall make a good faith effort to take all legal action necessary to enforce collection of any unpaid contributions.

In addition, the Trustees, in their absolute discretion, may provide an annual Special Benefit to eligible Employees.

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How Are Benefits Paid? For the most part, you must be eligible and make a written application to obtain all benefits. The exceptions relate to holiday pay and Special Benefits. You must make application for your first payment of holiday benefits. Thereafter, holiday pay will be paid automatically on a monthly basis to all eligible participants whose rights to holiday pay have vested. Please see Section 2.06 of the Plan in Section II of this booklet which describes the eligibility and vesting requirements for holiday pay. When authorized by the Trustees, Special Benefits shall be paid automatically to eligible employees. A written application must be submitted to obtain all other benefits provided by the Annual Benefit Fund. The application you make must be completed and signed by your employer and submitted to the Plan Office in accordance with timing schedules established by the Plan. We will explain that process generally here. For your first holiday benefit payment, an application should be made at any time prior to your completion of ninety (90) calendar days of employment. Once your properly completed application has been received by the Plan office and you have completed ninety (90) calendar days of employment, you will receive your first three days of holiday pay. For sick pay, an application should be made on a quarterly basis. For vacation pay, an application should be made on an annual basis. For training pay, an application should be made immediately after the classroom training is given and for bereavement pay and jury duty pay after the leave has been taken. You must submit a copy of the jury duty payment voucher to obtain payment for this benefit.

Applications for an educational benefit must be filed no later than February 1 in order for an applicant to be considered for a scholarship benefit in the current calendar year. Application forms may be obtained from the Plan office upon written request.

REMEMBER: AFTER YOUR INITIAL APPLICATION, PAYMENT OF HOLIDAY PAY IS AUTOMATIC ONLY IF THE REQUISITE CONTRIBUTIONS HAVE BEEN MADE BY YOUR EMPLOYER.

If I Make an Application and I Indicate That There is More Than One Type of Benefit Due Me, Will I Receive All the Benefits in One Check? More than likely you will receive the benefits combined into one check. There may be circumstances that will require the writing of more than one check. You will automatically receive a separate check for your holiday benefit as accrued when payable provided your Employer is current in making required contributions to the Plan.

What Are the Requirements as to When to Make an Application for Benefits? There are requirements in the Plan as to when to make an application for benefits. You should make the application as much before the entitlement date as you can, making sure that the application is completely filled in by you and, if necessary, is approved by your Employer.

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What If My Existing Vacation, Holiday or Sick Leave Benefits Are Higher Than Those Provided by the Standard Benefit Package of the ITPE Annual Benefit Fund? There is a clause in the Plan which protects you if your existing vacation, holiday or sick leave benefits are greater than those provided by the Plan. That clause reads in its entirety as follows:

2.O5 SAVINGS CLAUSE.
(a) If, on the effective date of this Plan, the vacation benefits under the terms of an existing Collective Bargaining Agreement covering an Installation are greater than the vacation benefits provided in this Plan, eligible employees employed at such Installation under the terms of a Collective Bargaining Agreement on and after the effective date of this Plan shall receive the higher vacation benefit from the Fund.

(b) If, on the effective date of this Plan, the cumulative holiday and sick leave benefits under the terms of an existing Collective Bargaining Agreement at an Installation are greater than the cumulative holiday and sick leave benefits provided in this Plan, eligible employees employed at such Installation under the terms of a Collective Bargaining Agreement on and after the effective date of this Plan shall receive the same number of cumulative days of holiday and sick leave benefits specified in the Collective Bargaining Agreement which was in effect at the Installation in question on the effective date of this Plan.

REMEMBER:
  • You must submit an Application during your first ninety (90) calendar days of employment for your initial payment of holiday benefits (after your initial Application, holiday benefits will be paid automatically if the required employer contributions have been made);

  • You may submit an Application at any time while you are an active Employee for all sick leave benefits for which you are eligible;

  • You may submit an Application for your vacation benefits after your one year anniversary at any time while you are an active Employee;

  • You may submit an Application for training pay after you have received the qualified training;

  • You may submit an Application for bereavement pay or jury duty pay after the leave has been taken;

  • You should try your best to submit any Application for Educational Benefits and any required supporting documents by February 1 in order to qualify for Education Benefits in the current calendar year.

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PAYMENT OF BENEFITS Use of Daily Benefit Table to calculate benefits

The DAILY BENEFIT TABLE below is the key table in the calculation of your benefits under the Standard Benefit Package. It will be used in the calculation of your vacation benefits, holiday benefits, sick leave benefits, bereavement leave and jury duty benefits. It is found in Section 2.20 of the Plan Document.

Daily Benefit Table
Average Weekly Hours Worked Daily Basis Hours To Be Paid
35 hours to 40.00 hours 8 hours
30 hours to 34.99 hours 7 hours
25 hours to 29.99 hours 6 hours
20 hours to 24.99 hours 5 hours
15 hours to 19.99 hours 4 hours
10 hours to 14.99 hours 3 hours
5 hours to 9.99 hours 2 hours
1 hour to 4.99 hours 1 hour


As you can see, you can not be paid more than 8 hours per day for any benefit which is calculated by use of the Daily Benefit Table. You must have the proper eligibility and vesting to receive your benefit. It is extremely important that you understand the eligibility requirements for the payment of benefits under the Plan.

PLEASE REMEMBER: YOU WILL BE PAID THE HOURLY RATE IN EFFECT WHEN A BENEFIT IS ACCRUED, NOT WHEN IT IS PAID. NO MORE THAN 8 HOURS PER DAY OR 40 HOURS PER WEEK CAN BE ACCRUED FOR ANY BENEFIT. THESE HOURS ARE MAXIMUMS AND YOU MUST HAVE EARNED THE MAXIMUM TO BE PAID THE MAXIMUM BENEFIT.

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THE HOLIDAY BENEFIT Holiday Benefit

Eligibility
The requirements for eligibility for holiday benefits are as follows:
  1. All employees employed by an employer on the date such employer becomes a party to a collective bargaining agreement requiring contributions to the Annual Benefit Fund, shall be eligible to receive holiday benefits.

  2. Employees commencing employment with an employer after the effective date of a collective bargaining agreement requiring contributions to the Annual Benefit Fund shall be eligible for holiday benefits upon the completion of 90 calendar days of service with an Employer. Once the 90 calendar days are completed, the employee is entitled to holiday benefits for those 90 calendar days.

  3. Once an employee is eligible for holiday benefits, his or her right to receive holiday pay for a particular month shall vest on the last day of that month. The benefit shall be paid 45 days thereafter. In other words, if you leave employment February 21st, you do not receive a holiday benefit for the month of February.
Determination of Amount of Your Holiday Benefit
Assume that you are employed at an installation where the standard holiday benefit is in place and you are eligible for holiday benefits. The standard holiday benefit is one holiday per calendar month. This benefit will be paid on a monthly basis. You have been paid for all previous holidays. The holiday benefit is for the month of March and we have determined that you are employed for that month.

The procedure in determining your benefit for the month of March is as follows:
  1. The Plan determines the hours contributed for you for the months of December, January, and February. To that total, the Plan adds the total number of hours of benefits paid to you by the Annual Benefit Plan in the same three month period.

  2. This total is divided by 12.

  3. Now we use the "Daily Benefit Table" to determine the daily hourly basis.

  4. Take the daily hourly basis and multiply that by the hourly rate of pay in effect.

That's the way it works.

Now let's do one:

1 Hours contributed for December, January and February 416
Hours paid by Fund to you 36
Total hours 452
2 Total hours divided by 12 equals 37.66
3 Use the Daily Benefit Table and you will see that the result is 8.
4 Your rate of pay is $10.00 per hour. Multiplying $10.00 per hour by the 8 hours results in a holiday benefit of $80.00. This benefit, less payroll taxes, will be paid to you in mid May.


The months of December, January and February, are used for calculation purposes for the month ended March 31st. This period is used so that the benefit can be paid in a timely manner.

This procedure is followed for all months. For the month of April the months of January, February and March are used in the calculation.

REMEMBER: NO MORE THAN 8 HOURS PER DAY CAN BE ACCRUED IN HOLIDAY PAY.

REMEMBER: YOU WILL BE PAID THE HOURLY RATE IN EFFECT WHEN THIS BENEFIT IS ACCRUED, NOT WHEN IT IS PAID.

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SICK LEAVE BENEFIT Sick Leave Benefit

Eligibility
The requirements for eligibility for sick leave benefits are as follows:
  1. All employees employed by an Employer on the date such Employer becomes a party to a collective bargaining agreement requiring contributions to the Annual Benefit Fund, shall be eligible to receive sick leave benefits.

  2. Employees commencing employment with an Employer after the effective date of a collective bargaining agreement requiring contributions to the Annual Benefit Fund shall be eligible for sick leave benefits upon the completion of 90 calendar days of service with an Employer. Once the 90 calendar days are completed, the employee is entitled to sick leave benefits for those 90 calendar days.

  3. Once an employee is eligible for sick leave benefits, his or her right to receive sick leave pay for a particular month shall accrue on the last date of the month. In other words, if you leave employment February 21st, you do not receive a sick leave benefit for the month of February.
Determination of Amount of Your Sick Leave Benefit
Assume you are employed at an installation where the standard sick leave benefit is in place and you are eligible for sick leave benefits. The standard sick leave benefit is accrued at the rate of 1/2 day of sick leave for each month of continuous service with an Employer.

We will assume you submitted an application for the quarter ended March 31st.

1 Hours contributed for December, January and February 208
Hours paid by Fund 18
Total hours 226
2 Total hours divided by 12 equals 18.83
3 Use the Daily Benefit Table and you will see that the result is 4.
4 Your rate of pay is $10.00 per hour. Multiply $10.00 per hour by the 4 hours results in a sick leave benefit of $40.00. Since you are entitled to 1.5 days of sick leave pay, you multiply the $40.00 by 1.5 days equals $60.00.


REMEMBER: NO MORE THAN 8 HOURS PER DAY CAN BE ACCRUED IN SICK PAY.

REMEMBER: YOU WILL BE PAID THE HOURLY RATE IN EFFECT WHEN THIS BENEFIT IS ACCRUED, NOT WHEN IT IS PAID.

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TRAINING PAY BENEFIT The Training Pay Benefit

The easiest way to describe this benefit is to quote Section 2.12 of the Plan which can be found at page of this booklet in its entirety as follows:

2.12 TRAINING PAY
(a) All Employees shall be entitled to receive such hours of pay per contract year as specified in the applicable Collective Bargaining Agreement for bona-fide training provided to such Employees by an Employer. The decision as to whether to provide such training shall be at the sole discretion of the Employer.

(b) The rate of pay for such hours of training shall be the hourly rate of pay in effect on the date such training takes place, regardless of the actual date of payment.

The decision as to whether to provide training is up to your Employer. If training is provided, you may be paid for up to however many hours of training pay are specified in your Collective Bargaining Agreement.


VACATION BENEFIT Vacation Benefit

It's extremely important that you understand the eligibility requirements for the vacation benefits.

We quote here Section 2.03(d) of the Plan which can be found at page 18 of this booklet in its entirety as follows:

2.03. ELIGIBILITY FOR VACATION BENEFITS.
  1. An Employee shall become eligible for vacation benefits on the Anniversary Date of his or her employment with an Employer following a Year of Service with that "Employer" (as that term is defined at Section 1.08 hereof).

  2. Except as set forth in Subsection (c) hereof, no Employee shall be entitled to a pro rata or partial vacation benefit if his or her employment is terminated prior to the completion of any Year of Service.

  3. An Employee who has completed at least one Year of Service with an Employer or predecessor contractor shall be entitled, after that year, to a pro rata or partial vacation benefit if his or her employment with such Employer is terminated prior to the completion of any Year of Service, and he or she does not continue employment with a successor contractor or contractors, or the same business entity. For purposes of this Subsection (c) the term "predecessor contractor" shall refer to a business entity which immediately preceded the Employer at the same installation pursuant to a service contract requiring the providing of similar services as those provided by the Employer. For purposes of this Subsection (c) the term "successor contractor or contractors" shall refer to business entities which succeed the Employer at the same Installation pursuant to a service contract requiring similar services as those provided by the Employer, and the term "same business entity" shall refer to a business entity which continues performing at the same Installation pursuant to a Collective Bargaining Agreement which no longer requires such business entity to contribute to the Annual Benefit Fund on behalf of its Employees at said Installation.

    Accordingly, no pro rata or partial vacation benefit shall be payable by the Fund to any Employee who continues employment at the same Installation with a business entity which is not obligated to contribute to the Annual Benefit Fund pursuant to a Collective Bargaining Agreement.

  4. If an Employee terminates employment with an Employer after having accumulated at least one year of service and obtains employment with another Employer within one year from the date of termination of such employment, such Employee shall maintain the same eligibility for vacation benefits as he or she had with the prior Employer.
REMEMBER: YOU MUST REACH "THE ANNIVERSARY DATE" AS AN EMPLOYEE IF YOU ARE TO BE ENTITLED TO THIS BENEFIT. IN ORDER TO BE ENTITLED TO A PRO RATA OR PARTIAL VACATION BENEFIT, YOU MUST HAVE COMPLETED AT LEAST ONE YEAR OF SERVICE WITH AN EMPLOYER OR PREDECESSOR CONTRACTOR.

The standard vacation benefit provided by the Plan is as follows:
  1. One (1) week paid vacation (5 days) after one year of service;

  2. Two (2) weeks paid vacation (10 days) after two (2) years of continuous service;

  3. Three (3) weeks paid vacation (15 days) after five (5) years of continuous service;

  4. Four (4) weeks paid vacation (20 days) after ten (10) years of continuous service.
The procedure utilized for calculating your vacation benefit is as follows:
  1. The Plan determines the hours contributed for you during the one year period in question. The Plan then adds to that figure the total number of benefit hours paid to you by the Fund during the same period of time.

  2. This total is divided by 48.

  3. Now we use the "Daily Benefit Table" to determine the daily hourly basis.

  4. We then multiply the number of days of vacation benefits to which you are entitled by the daily hourly basis we have determined from the "Daily Benefit Table."

  5. Finally, we multiply the hourly rate of pay that was in effect during the period when you earned your vacation benefit times the number of hours of vacation benefit to which you are entitled.
Let us make some assumptions:
  1. On April 1st, you will complete 3 years of continuous service.

  2. Your rate of pay is $10.00 per hour.

  3. You have submitted a complete application.
Here is how your benefit is calculated.

1 We receive contributions for the period in question, on your behalf, for these hours 1,568
The benefit hours paid by the Fund on your behalf are 224
The total is 1,792
2 We divide this by 48. The result is 37.33
3 We go to the Daily Benefit Table and arrive at 8 hours per day.
4 Based on the standard vacation package above, you are entitled to 10 days of vacation benefit, which results in 80 hours of vacation benefits to be paid.
5 Multiplying the hourly rate of pay ($10.00) x 80 hours = $800.00. You have accrued a vacation benefit of $800.00.

REMEMBER: YOU WILL BE PAID THE HOURLY RATE IN EFFECT WHEN THIS BENEFIT IS ACCRUED, NOT WHEN IT IS PAID.

REMEMBER: NO MORE THAN 40 HOURS PER WEEK CAN BE ACCRUED IN VACATION PAY.

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BEREAVEMENT BENEFIT The Bereavement Benefit

The eligibility requirements for the Bereavement Leave Benefit are the same as for the Sick Leave Benefit. The amount of pay, if bereavement occurs, which you will be entitled to is calculated in accordance with the formula and language dealing with the calculation of the Sick Leave Benefit, which we have explained in a prior section.

An eligible employee shall be entitled to receive up to three days paid Bereavement Leave in the event of the death of a spouse, parent, child or sibling. The Plan further states that the term "parent" and "child" includes those relationships such as stepparent or stepchild or grandparent, when appropriate, where the parties stand in the position of parent and child.

REMEMBER: YOU MUST MAKE AN APPLICATION FOR THIS BENEFIT AND NO MORE THAN 8 HOURS PER DAY CAN BE ACCRUED IN BEREAVEMENT PAY.

REMEMBER: THE RATE OF PAY FOR HOURS OF BEREAVEMENT LEAVE SHALL BE THE HOURLY RATE OF PAY IN EFFECT WHEN THE LEAVE TAKES PLACE, REGARDLESS OF THE ACTUAL DATE OF PAYMENT.


JURY DUTY The Jury Duty Benefit

The eligibility requirements for the Jury Duty Benefit are the same as the Sick Leave Benefit. The amount of pay to which you would be entitled, for each day of paid Jury Duty Benefit, will be calculated in accordance with the formula and language dealing with the calculation of the Sick Leave Benefit, which has previously been explained to you.

The Jury Duty Benefit is that each eligible employee shall be entitled to receive up to five days paid Jury Duty Benefit per calendar year for service as a juror in any court of record.

From this amount will be deducted any sum received by you from the court for your service as a juror. This voucher must be submitted with your application.

REMEMBER: NOT MORE THAN EIGHT HOURS PER DAY CAN BE ACCRUED IN JURY DUTY PAY AND YOU MUST MAKE APPLICATION FOR THIS BENEFIT.

REMEMBER: THE RATE OF PAY FOR HOURS OF JURY DUTY LEAVE SHALL BE THE HOURLY RATE OF PAY IN EFFECT WHEN THE LEAVE TAKES PLACE, REGARDLESS OF THE ACTUAL DATE OF PAYMENT.


EDUCATIONAL BENEFIT The Educational Benefit

Eligibility
For purposes of the Educational Benefit, an eligible Employee is one who is:
  1. an active Employee of an Employer at the time his or her application for an Educational Benefit is received by the Fund; and
  2. has been on the payroll of such Employer for at least ninety (90) calendar days prior to the receipt of such application by the Fund; and
  3. has averaged at least 20 hours of employment per week during said 90 day period.
In order to qualify for an Educational Benefit under this Plan, a candidate must be either an Eligible Employee, or a spouse or dependent child of such an Eligible Employee.

Description of Educational Benefits Provided by the Fund:
Based on the financial position of the Fund, an educational benefit may be provided in the form of the following scholarships:
  1. five 4-year scholarships for study at a college or university in amounts up to $10,000.00 in each of the four years;
  2. two 2-year scholarships for study at a community or junior college in amounts up to $5,000.00 in each of the two years;
  3. eight awards for up to two years of study at a vocational/ technical school or institute in amounts up to $5,000.00 per year of study.
REMEMBER: APPLICATIONS FOR AN EDUCATION BENEFIT MUST BE FILED NO LATER THAN FEBRUARY 1 IN ORDER FOR AN APPLICANT TO BE CONSIDERED FOR A SCHOLARSHIP BENEFIT IN THAT CALENDAR YEAR. APPLICATION FORMS MAY BE OBTAINED FROM THE FUND OFFICE UPON WRITTEN REQUEST OR DOWNLOADED HERE (REQUIRES ADOBE ACROBAT READER OR PLUG-IN TO VIEW).

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SPECIAL BENEFIT Special Benefit

The payment of a Special Benefit is described at Section 2.19 of the Plan Document. We believe this language is straightforward and we quote it here in its entirety.

2.19. SPECIAL BENEFITS
  1. The Trustees shall have full authority and power, in their absolute discretion, to determine annually, based on the financial position of the Fund, whether to pay a Special Benefit to eligible Employees.
  2. In the event the Trustees determine to pay a special benefit in any calendar year, all employees eligible to receive a holiday or sick leave benefit as of September 1 of that calendar year shall be eligible to receive such special benefit.
  3. The amount of any special benefit paid in any calendar year shall be calculated by making reference to the contributions made on behalf of any eligible Employee during the months of June, July and August of said calendar year, and utilizing the formula for calculating holiday benefits specified in Section 2.06 hereof.
  4. In no event shall any special benefit exceed a benefit equal to two (2) days holiday benefit.
REMEMBER: ELIGIBILITY FOR THIS SPECIAL BENEFIT IS BASED ON YOUR ELIGIBILITY TO RECEIVE A HOLIDAY OR SICK LEAVE BENEFIT AS OF SEPTEMBER 1.


SEASONAL EMPLOYMENT Seasonal Employment

An Employee who is categorized as a "Seasonal Employee" must complete at least thirty days of seasonal employment during a calendar year in order to be eligible for pro rata benefits from the Fund. In addition to the foregoing, the Fund must receive all contributions pertaining to the Employee owed to the Fund by the Employee's employer. The Employee must submit an application for benefits to the Fund no earlier than September 15th of the calendar year in which "Seasonal Employment" was worked. No pro rata benefits will be paid for any "Seasonal Employment" less than thirty days.

Special eligibility rules apply to "Seasonal Employment." See Sections 1.13 and 2.24 of the Plan Document set forth in Part III hereof, at pages and for the definition and eligibility rules for "Seasonal Employment".

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Are the Benefits Paid to Me by the ITPE Annual Benefit Fund Taxable to Me? Yes. With one exception, the benefits you receive from the Fund are taxable and are subject to federal, state, and other local withholding rules. The one exception is educational benefits, which are non-taxable. The payments made to you are generally considered wages and withholding is required for tax purposes. You will receive a W-2 Form annually from the Fund, which will show the gross amount of benefits paid (wages) and the various deductions. This information and the various withholding forms will be needed by you when you file your federal and, if required, state and local income tax returns.

Does the ITPE Annual Benefit Fund Make Any Other Payments On My Behalf? Yes. The Fund pays various federal, state and local payroll taxes based on the amount you receive from the Fund. The Fund also, of course, pays all necessary expenses in administering the Plan. The Fund also makes payment of contributions to the ITPE Health and Welfare Fund for all hours of vacation benefits paid by the Fund, as well as contributions to the ITPE Pension Fund for all benefit hours paid by the Fund. The provisions requiring contributions to the related ITPE Employee Benefit Plans are contained in the Agreement and Declaration of Trust Establishing the ITPE Annual Benefit Fund.


Is There Anything Else I Should Know About Filing an Application? The Plan may ask you to supply some additional information in regards to a claim. Failure to furnish that information promptly and in good faith, would be a reason for the denial of the payment of that claim. For your jury duty benefit, we must have a copy of the voucher which details the payment made to you by the court.

You should be aware that the Trustees of the ITPE Annual Benefit Fund are the sole judges of the standard of proof required in any case. The decisions of the Trustees shall be final and binding on all concerned, the Employers, the Union, the participants, and beneficiaries. You do have the right to appeal a denial of benefits by the Contract Administrator to the Trustees directly. That right of appeal is detailed elsewhere in this document.

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Are There Any Time Limits For Filing An Application For Benefits? Are there any time limits for filing an application for benefits? There are no time limits for active Employees to apply for any benefit for which they are eligible. However, there are time limits within which you must apply for your benefits if you are no longer an active Employee. There are different time limits for benefits accrued before November 1, 2001 and benefits accrued on or after November 1, 2001.

For all benefits accrued before November 1, 2001 inactive Employees must apply for any benefit for which they are eligible within sixty (60) months from the date of their termination from employment.

With respect to all benefits accrued on or after November 1, 2001 inactive Employees should file an application within thirteen (13) months of the last contribution made to the Fund on their behalf by their Employer. If such application is not filed within the 13 month period, the Fund office shall transmit payment of such benefits to such Employee at his or her last known address without the necessity of an application being filed.


Are There Any Circumstances Under Which My Benefits Can Be Forfeited? Yes. There are circumstances under which benefits can be forfeited. However, these circumstances only apply to inactive Employees or in the event of the death of an Employee. Again, there are different rules for benefits accrued before November 1, 2001 and benefits accrued on or after November 1, 2001.

With respect to benefits accrued before November 1, 2001, the benefits of an inactive Employee will be forfeited if such Employee does not apply for any benefit for which he or she is eligible within sixty (60) months from the date of his or her termination from employment, provided that the Fund office, after the exercise of due diligence, has been unable to locate such Employee.

With respect to benefits accrued on or after November 1, 2001 the benefits of an inactive or deceased Employee shall be forfeited if, after 13 months from the last contribution made to the Fund on behalf of such Employee, no application has been filed for such benefits and the Fund's efforts to mail payment of benefits to such Employee have been unsuccessful because the last known address of such Employee is no longer accurate and the Fund can not locate such Employee in the exercise of due diligence. Please provide a copy of this document to your family so that they will be aware of the necessity to make prompt application for your benefits in the event of your death.

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What Happens If I Become Disabled? In the event it is determined to the satisfaction of the Trustees that an Employee or Beneficiary is unable to care for his or her affairs because of mental or physical incapacity, any payment of accrued benefits due such Employee may be applied, in the discretion of the Trustees, to the maintenance and support of such Employee or Beneficiary. Please review Section 3.04 of the Plan for a complete explanation of the handling of such a "disability."


Can My Accrued Benefits be Attached by a Creditor? Generally no. However, the Trustees are required by law to honor and comply with the terms of a Qualified Domestic Relations Order and federal and state tax levies. In addition, the Trustees will honor child support Orders issued by a court of competent jurisdiction. See Sections 1.13 and 3.05 of the Plan Document.


Do I Have A Right To Appeal If My Application For Benefits Is Denied? If your application for any benefits provided by the Annual Benefit Plan is denied, in whole or in part, you have the right to be provided with notice in writing which sets forth the specific reasons for such denial. If you disagree with such denial you have the right to appeal such denial by filing a written request for review of such denial with the Trustees within 180 days after your receipt of the notice of denial. Such appeal shall be considered by a person or committee designated by the Trustees. The decision of such person or committee shall be communicated to you within 180 days after the Trustees receive all pertinent evidence and materials which you submit in connection with your appeal.

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What Benefits Do Seasonal Employees Receive? An Employee who is categorized as a "Seasonal Employee" must complete at least thirty days of seasonal employment during a calendar year in order to be eligible for pro rata benefits from the Fund. In addition to the foregoing, the Fund must receive all contributions pertaining to the Employee owed to the Fund, by the Employee's employer.

The Employee must submit an application for benefits to the Fund no earlier than September 15th of the calendar year in which "Seasonal Employment" was worked.

No pro rata benefits will be paid for any "Seasonal Employment" less than thirty days.

Special eligibility rules apply to "Seasonal Employment." See Sections 1.13 and 2.24 of the Plan Document for the definition and eligibility rules for "Seasonal Employment"

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