ITPE Pension Plan Document

1. All calendar years during which he performs six hundred (600) hours of service in the employment of an Employer prior to such Employer becoming a party to a Collective Bargaining Agreement; or
2. All consecutive twelve (12) month periods during which the Participant performs six hundred (600) hours of service in a unit at an installation immediately prior to the effective date of a Collective Bargaining Agreement covering such unit, so long as the Participant is an Employee in such unit on the effective date of such Collective Bargaining Agreement.

1. All calendar years during which he performs 1,000 hours of service in the employment of an Employer prior to such Employer becoming a party to a Collective Bargaining Agreement; or
2. All consecutive twelve (12) month periods during which the Participant performs one thousand (1,000) hours of service in a unit at an installation immediately prior to the effective date of a Collective Bargaining Agreement covering such unit, so long as the Participant is an Employee in such unit on the effective date of such Collective Bargaining Agreement.

1. Each hour for which he is either directly or indirectly paid or entitled to payment by an Employer for the performance of duties. Such hours shall be credited to the Employee for the computation period or periods in which the duties are performed; and
2. Each hour for which an Employee is directly or indirectly paid or entitled to payment by an Employer for reasons (such as vacation, sickness, disability, or holidays) other than for the performance of duties. Such hours shall be credited to the Employee pursuant to Section 2530.200b-2 of the United States Department of Labor Regulations, which are incorporated herein by this reference; and
3. Each hour for which back pay, irrespective of litigation of damages, has either been awarded or agreed to by an Employer. Such hours shall be credited to the Employee for the computation period or periods to which the award or agreement pertains rather than the computation period in which the award, agreement or payment was made.
4. For vesting purposes only, all hours of leave under the Federal Family and Medical Leave Act shall be considered an 'Hour of Service'.

1. The Participant and the "alternate payee" (the person who is to share in the Participant's benefit) must be specifically identified with mailing addresses;
2. The order must clearly state what is to be paid to the alternate payee and when;
3. The order generally may not require payments in a form or under an option not otherwise provided by this Plan; and
4. It may not require this Plan to pay benefits greater than the benefits provided herein.

1. Unmarried children from date of birth to 19 years, provided such children either reside with the Employee or receive substantial support from such Employee;
2. Unmarried children between the ages of 19 and 25 years, provided they are solely dependent upon the Employee for support and are regularly attending an accredited college or university, or regularly attending an accredited school;
3. Any Employee's unmarried child, regardless of age, who is incapable of self-support because of physical handicap or developmental disability and who is dependent upon the Employee for support. Such a child shall be considered a Dependent Child if his or her incapacity began before he or she reached the age of 19 years, or 25 years if he or she attended an accredited college or university as set forth above. Proof of such a child's incapacity must be furnished to the Board of Trustees no later than 31 days after the child reaches the age limit in question. Proof of the continued existence of such incapacity may be required by the Board of Trustees from time to time.

1. Determine the net assets of the Pension Fund available for benefits as of the last preceding Valuation Date, less the total of all Individual Accounts terminated, subsequent to the last preceding Valuation Date.
2. Determine the net assets of the Pension Fund available for benefits as of the new Valuation Date, less the total of all contributions received for non-terminated Individual Accounts during the period in question.
3. Determine the amount to be distributed by deducting (1) from (2).
4. Determine the net investment income percentage to be applied to each Individual Account by dividing (3) by (1).
5. Ascertain the amount of contributions actually made on behalf of the employee to his Individual Account between the two Valuation Dates.
6. Take the amount as of the last preceding Valuation Date, in each Individual Account which was in existence on both Valuation Dates, and increase it by the percentage in (4) and then add (5). The result is the amount in each Individual Account as of the new Valuation Date.

1. Upon the happening of any event calling for the payment of any benefit from this Fund, the amount to be paid, subject to the specific provisions of the following sections, shall be the Participant's "Accumulated Share" determined as of the date of the event, as follows:
1. Determine the Participant's Individual Account as of the last preceding Valuation Date.
2. Add to (1) all Contributions received on behalf of the Participant since the last preceding Valuation Date. Resultant total shall be the Participant's "Accumulated Share".

2. For the purpose of determining the Accumulated Share pursuant to paragraph (A) of this Section the happening of the event calling for a payment shall be deemed to be the month preceding the month in which payment of the Participant's "Accumulated Share" is made to the Participant by the Trustees.

1. The completion of one (1) year of service; or
2. Permanent layoff from employment arising out of the closing for a period of not less than 120 days of the installation where the Participant was employed, or a determination by the appropriate procurement agency to terminate or suspend for a period of not less than 120 days, the contracting out of work pursuant to service contract at the installation where the Participant was employed.
3. The death of such Participant during any period of employment by an Employer or as the result of any illness or condition which commenced during such period of employment.
4. The completion of one thousand (1,000) hours of service during any consecutive three year period of "Seasonal Employment" as defined at Section 1.23 of this Plan.
5. A Participant attains age 62 while employed pursuant to a Collective Bargaining Agreement.

1. If a Participant shall have been absent from the service of an Employer because of service in the Uniformed Services of the United States and if he shall have returned to the service of the Employer having applied to return while his reemployment rights were protected by law, he shall be deemed to have continued during such period to be a Participant.
2. Effective as of December 12, 1994, if the conditions of A above are satisfied, the Employer shall contribute to this Plan on such Participant's behalf the amount necessary to provide any additional allocation to which such Participant is entitled under Section 414(u) of the Code. Any such allocation shall be treated as an annual addition for the Plan Year to which it relates.
3. Notwithstanding the above, failure to return to work upon the expiration of the period of service in the Uniformed Services shall terminate his participation in the Plan as of the date on which such period ended.

1. In the event of the death, before retirement, of a Participant whose interest in his accumulated share is fully vested under Section 4.02 of this Plan, the amount of his accumulated share shall be paid in accordance with the terms of this Section.
2. Unless otherwise elected in the manner prescribed in Paragraph (E) of this Section, the beneficiary of at least one-half (½) of a Participant's Accumulated Share, shall be the Participant's spouse. Except as provided by Paragraph (D) of this Section, the surviving spouse shall receive such benefit in the form of a Pre-Retirement Survivor Annuity Payment which shall commence no later than three months after satisfactory proof of death is received by the Trustees.
1. The Pre-Retirement Survivor Annuity shall be a monthly benefit payable for the remaining life of the spouse. The Trustees shall have the option of purchasing such annuity from an insurance company licensed to do business in any State of the United States, or of directly calculating the amount of such annuity and administering the payment of same. The purchase of such annuity or the calculation of same by the duly designated representative of the Trustees shall be based on no less than 50% and no more than 100% of the Participant's accumulated share at the time he would have reached age 55. The appropriate percentage to be utilized shall be determined under Paragraph (E) of this Section.
2. In the event the Pre-Retirement Survivor Annuity is purchased from an insurance company duly selected by the Trustees, the monthly benefit shall be the amount which can be purchased with the appropriate portion of the Participant's account balance as described in Sub-Paragraph (1) of this Paragraph (C), allowing for payment of all reasonable charges imposed by such insurance company for the payment of the annuity.
3. In the event the Pre-Retirement Survivor Annuity is calculated and paid directly by the Trustees, the amount of the monthly benefit shall be determined by a calculation based on (I) the appropriate portion of the Participant's account balance as described in Sub-Paragraph (1) of this Paragraph (C); (ii) the life expectancy of the surviving spouse as of the date the Participant would have reached age 55 (as determined by reference to the Life Table then in effect as issued by the United States Department of Labor); and (iii) an interest rate based on the prior rate of interest at the time of death less an allowance for administration of 300 basis points. In determining the life expectancy of a surviving spouse, the sex of such spouse shall not be a factor.

4.  
1. If the value of a Participant's accumulated share at the time of his death is $5,000 or less, the Trustees may direct the distribution of the appropriate portion of such share to the Participant's spouse in one lump sum. Such payment shall be made no later than three months after satisfactory proof of death is received by the Trustees.
2. If the value of a Participant's accumulated share at the time of his death is greater than $5,000, the surviving spouse may receive payment of the appropriate portion of such accumulated share in one lump sum as prescribed in Sub-paragraph (1) of this Paragraph (D) if the surviving spouse consents to such a distribution in a writing signed by the spouse and witnessed by a notary public.

5.  
1. A Participant may designate a beneficiary other than his spouse if:
1. The Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity in the manner described in Sub-Paragraph (2) of this Paragraph (E), and the spouse has waived his or her right to be the Participant's beneficiary in the same manner, or,
2. The Participant has no spouse, or,
3. The spouse cannot be located.
In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Trustees. A Participant may at any time revoke his designation of a Beneficiary or change his Beneficiary by filing written notice of such revocation or change with the Trustees. However, the Participant's spouse, if any, must again consent in writing to any such change or revocation. In the event no valid designation of a Beneficiary exists at the time of a Participant's death and there is no spouse or dependent children who can be located, no benefit shall by reason of such Participant's death shall be payable under this Plan.
2.  
1. An election to waive the Pre-Retirement Survivor Annuity by a Participant and his spouse, and a waiver of the right to be the Participant's Beneficiary by the Participant's spouse shall be made in writing duly executed by the Participant and his spouse and witnessed by a notary public. The consent of the spouse must acknowledge the effect of such elections.
2. The consent of a spouse shall not be required if it is established to the satisfaction of the Trustees that the required consent cannot be obtained because there is no spouse, the spouse cannot be located, or other circumstances that may be prescribed by Treasury Regulations.
3. The election made by the Participant and spouse may be revoked by the Participant in writing at any time, prior to his death. Any new election must comply with the requirements of this Paragraph. A former spouse's waiver shall not be binding on a new spouse.
3. If the Participant has a spouse and such spouse has not waived his right to be the Participant's Beneficiary hereunder pursuant to the terms of Sub-Paragraph (1) of this Paragraph (E), the Participant must designate his spouse as the Beneficiary of at least one-half (1/2) of his accumulated share. If a participant designates a person or persons other than the spouse as Beneficiary of his accumulated share, the Trustees shall nevertheless pay one-half (1/2) of the accumulated share to a surviving spouse of the Participant in accordance with the terms of this Section. If a Participant fails to make a Beneficiary designation and has a surviving spouse at the time of his death, the Trustees shall pay one-half of the accumulated share to a surviving spouse of the Participant , and one-half share shall be forfeited, in accordance with the terms of this Section.
4. A Participant may not designate a management representative or supervisory employee of his Employer as his beneficiary unless such beneficiary is related to the Participant. The Trustees, at their sole discretion, shall have authority to determine whether or not a sufficient relationship exists between such a beneficiary and the Participant in order to warrant payment of death benefits to such beneficiary.

6. In the event the death benefit is not paid in the form of a Pre-Retirement Survivor Annuity, it shall be paid to the Participant's Beneficiary by either of the following methods to be determined at the sole discretion of the Trustees:
1. One lump-sum payment;
2. payment in monthly, quarterly, semi-annual or annual cash installments over a period to be determined at the sole discretion of the Trustees, and in installments as nearly equal as possible. After periodic installments commence, the Trustees shall have the right, at their sole discretion, to reduce the period over which such periodic installments shall be made.

7. The terms "spouse" or "surviving spouse" as used in this Section shall refer to a person who is the lawful spouse of the Participant at the time of the Participant's death under the laws of the State in which the Participant and spouse were domiciled at the time of the Participant's death.

1. Qualified Joint and Survivor Annuity. Unless an optional form of benefit is selected pursuant to a "qualified election" within the ninety (90) day period ending on the date benefit payments would commence, a married Participant's accumulated share will be paid in the form of a qualified joint and survivor annuity and an unmarried Participant's accumulated share will be paid in the form of a life annuity.
2. Definitions.
1. Election Period. The term "Election Period" shall mean the period which begins on the first day of the Plan year in which the Participant obtains age thirty-five (35) and ends on the date of the Participant's death. If a Participant is separated from service prior to the first day of the Plan year in which age 35 is obtained, with respect to the accumulated share as of the date of separation, the Election period shall begin on the date of separation.
2. Qualified Election. The term "Qualified Election" shall mean a waiver of qualified joint and survivor annuity. The waiver must be in writing and must be consented to by the Participant's spouse. The spouse's consent to a waiver must be witnessed by a Plan representative or Notary Public and must be limited to a benefit for a specific alternate Beneficiary. Notwithstanding this consent requirement, if the Participant establishes to the satisfaction of a Plan representative that such written consent may not be obtained because there is no spouse or the spouse cannot be located, a waiver will be deemed a qualified election. Any consent necessary under this provision will not be valid with respect to any other spouse. Additionally, a revocation of a prior waiver may be made by a Participant without the consent of the spouse at any time before the commencement of benefits. The number of revocations shall not be limited. Any new waiver or change of beneficiary will require a new spousal consent.
3. Spouse (Surviving Spouse). The term "Spouse" or "Surviving Spouse" shall mean the spouse or surviving spouse of the Participant provided that a former spouse will be treated as the spouse or the surviving spouse to the extent provided under a Qualified Domestic Relations Order as defined in Section 1.21 of this Plan.

3. Notice Requirements.
   The Trustees shall provide each Participant within a reasonable period prior to the commencement of benefits a written explanation of:
1. The terms and conditions of a qualified joint and survivor annuity;
2. The Participant's right to make and the effect of an election to waive the qualified joint and survivor annuity form of benefit;
3. The rights of a Participant's spouse; and
4. The right to make, and the effect of, a revocation of a previous election to waive the qualified joint and survivor annuity.

4. Lump Sum Payments.
1. If the value of a Participant's accumulated share at the time of retirement is less than One Thousand Dollars ($1,000.00), the Trustees may distribute such amount in one lump-sum to the Participant, without the consent of the Participant or spouse upon the retirement of the Participant, regardless of age.
2. In the event there is a qualified election to waive a qualified joint and survivor annuity, or, in the case of an unmarried Participant, the payment of a life annuity, the Trustees shall distribute a Participant's accumulated share in one lump-sum payment upon the retirement of the Participant, regardless of age.

5. Satisfaction of Benefits. Upon commencement of payment of a qualified joint and survivor annuity, no further benefits will be payable and the benefits will be completely satisfied upon the death of a surviving spouse.

1. If an Accumulated Share is payable which amounts to less than One Thousand Dollars ($1,000.00), such Accumulated Share will be paid only on a lump sum basis;
2. If any payment, on any monthly basis shall be less than $20.00 per month, the Trustees may, in their sole and absolute discretion, combine such monthly payments into quarterly, semi-annual or annual payments, as they shall determine.

1. A Participant shall not receive benefits in any month in which he either completes 40 or more hours of service or receives payment for any hours of service performed on each of 8 or more days (or separate work shifts) in employment which is covered by a collective bargaining agreement as defined at Section 1.08 of this Plan.
2. For purposes of this Section, the term "month" shall include any four or five week payroll period ending in a calendar month and the term "hours of service" shall have the same meaning as set forth in Section 1.18(1) and (2) of this Plan.
3. A Participant receiving benefits under this Plan shall notify the Plan in writing if he completes the amount of work specified in Paragraph (A) of this Section. Failure to give such written notice shall empower the Trustees to withhold the payment of benefits until such time as any overpayment has been recovered.

1. Notwithstanding any provision herein to the contrary, for all participants who attain age 70½ prior to calendar year 2000, a Participant's benefits shall be distributed to him not later than April 1st of the calendar year following the year in which he attains age 70½. In the alternative, distributions to a Participant must begin no later than such taxable year and must be made over the life of the Participant (or lives of the Participant and the Participant's spouse) or over a period not exceeding the life expectancy of the Participant (or the life expectancies of the Participant and the Participant's spouse). Distributions as described above may be made to a Participant and a non-spouse Beneficiary provided the measuring lives remain those of the Participant and the Participant's spouse, if any. In determining the life expectancy of a Participant or his spouse, the sex of such Participant and his spouse shall not be a factor.
   
   A Participant who attains age 70½ in any calendar year beginning after December 31, 1999 may elect to forego any preretirement distributions by so indicating on a form designated by the Trustees.
   
   
2. In the event a Participant dies before his entire benefit has been distributed to him, or distribution has been commenced in accordance with Paragraph 4.07(a) herein to his surviving spouse and such surviving spouse dies before the Participant's entire benefit has been distributed to such surviving spouse, the Participant's entire benefit (or the remaining part of such benefit if distribution thereof has commenced) will be distributed within five (5) years after the death of the participant (or the death of his surviving spouse). The preceding sentence shall not apply if the distribution of the benefit of the Participant has commenced and such distribution is payable over a term certain which does not exceed the Participant's life expectancy or the life expectancy of the Participant and the Participant's spouse.

1. The Accumulated Share of a non-vested Participant shall be deemed cashed out and forfeited upon the termination from employment of such Participant for any reason.


2. The Accumulated Share of a vested Participant shall be forfeited upon the death of such Participant with no validly designated Beneficiary and no surviving spouse or dependent children who can be located in the exercise of due diligence.


3. The Accumulated Share of a vested Participant shall be forfeited if no contributions have been made to an Individual Account for a period of eighteen (18) consecutive months and no application for the payment of the Accumulated Share has been made by the end of that period, provided the following circumstances exist:
   
   
   1. The Participant's Accumulated Share has a value of $5,000.00, or less, or the Participant is age 62 or older;
   
   
   2. The Trustees have been unable in the exercise of due diligence to locate the Participant for whom such Individual Account was established, or his/her Beneficiary, if the Participant is known to be deceased.
   
   
   Notwithstanding the above, the Plan shall reinstate the forfeited benefit if a claim is made by the Participant or by a Beneficiary for such benefit. The value of the reinstated benefit shall be equal to the value of the account (Accumulated Share) at the time it was forfeited.

1. Except as provided in sub-section (C) herein, a Participant entitled to payment of his Accumulated Share shall receive payment as provided in Section 4, or on any later date as he elects, but not later than the month following in which he attains age 62, provided, however, that any Participant entitled to payment of his Accumulated Share whose employment is terminated voluntarily or involuntarily prior to attaining age 62, shall not be entitled to receive any benefit from this Plan until one year from the date of his termination from employment, unless such termination is due to:
1. Permanent and total disability from engaging in regular occupation in the service contract industry.
2. Those events specified in Section 4.02(2). For purposes of this section the term "employment" shall refer to any employment by an "Employer" as defined in Section 1.06 hereof.

2. In any instance when the Accumulated Share of a Participant is due for payment in April or October, the payment of such Accumulated Share may be deferred until May or November, respectively, of the calendar year in question, in order to assure proper crediting of investment income.
3. If, at the time of termination of employment, a Participant has achieved fifteen (15) continuous Years of Service, is at least fifty (50) years of age, and has not yet reached age 62, such Participant shall not be entitled to receive any benefit from this Plan until one hundred and twenty (120) days from the date of his termination from employment unless such termination is due to the reasons specified in Parts 1 and 2 of Sub-section (A) hereof.
4. The one year waiting period specified in Section 6.02(A) hereof shall not apply to any Participant who is deemed an "Employee" by virtue of employment by a designated affiliate of the Industrial, Technical and Professional Employees Union, AFL-CIO, and who loses his or her status as a "Participant" because the affiliation between his or her employer and the Industrial, Technical and Professional Employees Union, AFL-CIO terminates. Such a Participant shall be entitled to payment of his Accumulated Share at any time after one hundred and twenty (120) days from the date of termination of the affiliation between his employer and Industrial, Technical and Professional Employees Union, AFL-CIO.

1. The construction of the provision of all Plan documents, including, but not limited to, this ITPE Pension Plan, the Agreement and Declaration of Trust, and all resolutions and amendments adopted pursuant to those documents, including all terms used within such documents;
2. The nature and amount of all benefits to be provided under the Plan;
3. Eligibility to participate in the Plan;
4. Eligibility to receive benefits from the Plan.

1. If survived by a spouse only, payment of one-half of such Accumulated Share to the spouse with the remaining portion of such Accumulated Share being forfeited;
2. If survived by a spouse and one or more dependent children, payment of one-half of such Accumulated Share to the spouse and payment of one-half of such Accumulated Share in equal portions to such dependent child or children;
3. If survived by one or more dependent children only, payment of such Accumulated Share in equal portions to such dependent child or children.

1. In any Plan Year after 1975, Contributions shall not be credited to an Individual Account to the extent that they exceed the lesser of:
1. $30,000.00, or
2. 25% of the Participant's compensation within the meaning of Section 415(c)(3) of the Internal Revenue Code from all Employers.

2. The $30,000.00 and 25% referred to in paragraph (A) shall be adjusted in each Plan Year for increase in the cost of living in accordance with regulations prescribed by the Secretary of the Treasury or his delegate in accordance with Section 415(d) of the Internal Revenue Code.
3. Effective for limitation years beginning after December 31, 2001, the "$30,000" or "25%" of the Participant's compensation referred to in Section 6.09A and B above shall be changed to $40,000 and 100%.
4. In addition to other applicable limitations set forth in the Plan, and notwithstanding any other provision of the Plan to the contrary, for Plan years beginning on or after January 1, 1998, the annual compensation of each employee taken into account under the Plan shall not exceed the Annual Compensation Limit of $160,000.00. Effective for Plan Years beginning on and after January 1, 2002, the $160,000 limit on annual compensation shall be changed to $200,000. This amount may be adjusted annually by the Commissioner of the Internal Revenue Service for increases in the cost of living in accordance with Section 401 (a)(17)(B) of the Internal Revenue Code. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12.

1. In the event of a complete termination of the Plan, the assets then remaining, after providing for expenses of the Plan and for the payment of any Accumulated Shares theretofore approved, shall be distributed among the Participants. Each Participant shall receive that part of the total remaining assets in the same ratio as the value of his Accumulated Share bears to the aggregate value of the Accumulated Shares of all Employees. No part of the assets shall be returned to any Employer or inure to the benefit of any Employer or the Union. In the event that a Participant cannot be located and no claim is made by him or in his behalf for payment of his Accumulated Share within two (2) years following the sending of notice by registered mail to the Participant's last known address, his Accumulated Share shall be forfeited and redistributed on a uniform basis among Participants to whom payments have or can be made. A Participant's interest shall become non-forfeitable in the event of termination or partial termination of the Plan.
2. In the event the liquidation value of the assets on the date of termination is less than the total of all Accumulated Shares plus expenses, the Trustees shall have the option of paying all Accumulated Shares to Participants over a period not to exceed 10 years to the extent permitted by the assets available.