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Pension Plan

 
Non-Working Periods

Disability Credit for Non-Working Periods After the Contribution Date. Periods of absence from Covered Employment will be credited toward the accumulation of Credited Service, Benefit Units and benefit accruals at the rate of 30 hours per week, if they were due to the following circumstances:

  1. Non-occupational disability for the period in which California Unemployment Compensation Disability Benefits were paid or which constitutes a valid waiting period for such benefits up to a maximum of 26 weeks for each separate and distinct disability.
  2. Non-occupational disability which prevented the Participant from working in Covered Employment, if certified by a physician or surgeon, a Participant shall be entitled to credit for up to a maximum of 26 weeks for each such separate and distinct disability.
  3. Occupational disability for the period for which Workers' Compensation disability temporary benefits are paid or which constituted a valid waiting period for such benefits; provided, however, that no more than three Years of Credited Service, three Benefit Units, or three years of accrued benefits shall be allowed for any one such disability.

In order to secure Credited Service, Benefit Units and benefit accruals for periods of disability, the Participant must give such information and proof concerning such disability as the Trustees may, in their sole discretion, determine.

Military Credit for Non-Working Periods After the Contribution Date. Under the Uniformed Services Employment and Reemployment Rights Act of 1994 a Participant shall be credited with Years of Credited Service, Benefit Units and benefit accruals for periods of absence from Covered Employment due to qualifying service in any of the Armed Forces of the United States, provided the Participant returns to seek and ultimately obtains work in Covered Employment within the period during which he or she retains reemployment rights under Federal law. Years of Credited Service, Benefit Units and benefit accruals shall be credited for such qualifying military service based on the average number of hours worked in a week by the Participant during the twelve-month period immediately preceding such military service but not less than 30 hours per week for such military service.

If a Participant dies or becomes totally and permanently disabled, as determined under Section 3.08 of the Plan, while performing qualified military service on or after January 1, 2009, the Participant will be treated as if employment had been resumed the day prior to the death or disabling event and terminated on the actual date of the death or disability for benefit accrual purposes. The amount of accrued benefits will be based on the 12-month period of employment immediately prior to the qualified military service or the actual length or continuous employment if less than 12 months on reasonably equivalent terms to all military members who are on active duty.

In order to secure Credited Service, Benefit Units and benefit accruals for periods of military service, the Participant must give such information and proof concerning such military service as the Trustees may, in their sole discretion, determine.

Breaks in Service.

General. If a person has a Break in Service before becoming a Vested Participant, it has the effect of canceling his or her Participation, previous Years of Credited Service, Benefit Units and accrued benefits. However, One-Year Breaks in Service may be temporary, subject to repair by a sufficient amount of subsequent Credited Service. A longer Break in Service may be permanent. The Break in Service rule does not apply to a Pensioner or a Vested Participant.

  1. Permanent Breaks in Service Before January 1, 1976. Between the Contribution Date and January 1, 1976, a person incurred a Permanent Break in Service and his or her Credited Service and Benefit Units were canceled if after the January 1 coincident with or next following his or her Contribution Date he or she failed to earn at least one quarter of Credited Future Service (350 hours) as a result of Contributory Hours of work in either one of two consecutive Calendar Years.

    Exception: If a Participant accumulated one Contributory Benefit Unit prior to incurring a Permanent Break in Service which occurred before January 1, 1976 and returned to Covered Employment before that date, all of his or her Credited Service and Benefit Units which were canceled prior to January 1, 1976 will be reinstated on the first day of the month prior to January 1, 1985, coincident with or next following completion of both of the following requirements:
    1. He or she earns at least five additional Contributory Benefit Units; and
    2. Beginning with the first Calendar Year before January 1, 1976 in which he or she earned one quarter of Credited Service after his or her return to Covered Employment, he or she earned Credited Service in each subsequent Calendar Year during the time he or she earned said five Contributory Benefit Units.

    If the Participant failed to earn Credited Service in any Calendar Year as required in (2) above, such Participant may not at any future date qualify under this "Exception", unless he or she was entitled to a grace period under this Section.

    1. Grace Periods Before January 1, 1976. A Participant may be allowed grace periods under the following circumstances, if he or she failed to earn at least one quarter of Credited Service in either one or two consecutive Calendar Years before January 1, 1976.
    1. A Participant shall be allowed a grace period if his or her failure to earn Credited Service was due to disability or involuntary unemployment. This grace period is to consist of up to three years if the Participant failed to earn Credited Service because of any one separate and distinct disability or involuntary unemployment.
    2. A Participant claiming disability or involuntary unemployment must present such evidence and submit to such examination as the Trustees may determine, in their sole discretion.

    Grace periods are periods which are to be disregarded in determining whether there was a period of two consecutive Calendar Years during which the Participant failed to earn one quarter of Credited Service in either year.
  2. One-Year Break in Service Beginning January 1, 1976.
    1. A person has a One-Year Break in Service in any Calendar Year after 1975 in which he or she fails to complete 500 Hours of Service. (Hours of Service in Continuous Non-Covered Employment after December 31, 1975 shall be counted in determining whether a Break in Service has been incurred.)
    2. A One-Year Break in Service is repairable, in the sense that its effects are eliminated if, before incurring a Permanent Break in Service, the Employee subsequently earns two quarters of Credited Service. More specifically, previously earned Years of Credited Service, Benefit Units and accrued benefits are restored. Nothing in this paragraph shall change the effect of a Permanent Break in Service.
  3. Permanent Break in Service Beginning January 1, 1976, and Before June 1, 1987. A person had a Permanent Break in Service if he or she had consecutive One-Year Breaks in Service, including at least one after 1975, that equaled or exceeded the number of full Years of Credited Service which he or she had previously accumulated.
  4. Permanent Break in Service after May 31, 1987. A person shall have a Permanent Break in Service if he or she has consecutive One-Year Breaks in Service, including at least one after May 31, 1987, that equal the greater of five or the aggregate number of full Years of Credited Service which were previously accumulated.

    The foregoing rule will apply to a Non-Bargaining Employee participating in this Plan only if the Break in Service occurs before he or she has earned 5 Years of Credited Service.
  5. Grace Periods after May 31, 1987. A Participant who is absent from Covered Employment after May 31, 1987, because of Maternity or Paternity Leave shall be credited with a maximum of 501 Hours of Service for the period of such leave.

    Maternity/Paternity Leave Defined. A Participant shall be deemed to be on Maternity or Paternity Leave if the Participant is absent from work by reason of the pregnancy of the Participant, by reason of the birth of a child of the Participant, by reason of the placement of a child with the Participant in connection with the adoption of the child by such Participant, or for the purpose of caring for such child during the period immediately following such birth or placement.

    A grace period does not add to a Participant's Credited Service; it is a period which is to be disregarded in determining whether the Participant has worked sufficient hours in Covered Employment to prevent a Permanent Break in Service.
  6. Effect of a Permanent Break in Service. If a person who has not achieved status as a Vested Participant has a Permanent Break in Service, his or her Participation, previous Years of Credited Service, Benefit Units and accrued benefits are canceled.
  7. Reinstatement of Lost Credit. A person who is a Participant on or after January 1, 1989, who had previously incurred a Permanent Break in Service shall have his or her canceled Credited Service, Benefit Units and accrued benefits determined in accordance with Section 3.03.a. and b. reinstated, provided he or she returns to Covered Employment and earns additional Years of Credited Service, according to the following schedule:
    Years of Credited Service Earned After Permanent Break in Service Benefit Units and Accrued Benefits Reinstated
    At least 10 100%
    At least 9 but less than 10 90%
    At least 8 but less than 9 80%
    At least 7 but less than 8 70%
    At least 6 but less than 7 60%
    At least 5 but less than 6 50%
    Less than 5 0%
    Once a Participant has accumulated 5 additional Years of Credited Service, 100% of the previously canceled Years of Credited Service shall be reinstated.

    This Subsection g. shall operate to reinstate credits canceled by the most recent Permanent Break in Service only. Multiple Permanent Breaks in Service are not covered. In addition, this Subsection g. shall not apply to Credited Service, Benefit Units or accrued benefits attributable to periods before the Contribution Date, and shall not apply to Pensioners whose original Pension Effective Date occurred prior to January 1, 1989.

Separation from Covered Employment.

  1. A Participant will be deemed to be Separated from Covered Employment after June 1, 1976 at the end of any two-consecutive-Calendar-Year period in which he or she does not work at least 500 Contributory Hours in one Calendar Year.
  2. A Participant will be deemed to have Separated from Covered Employment before June 1, 1976 if he or she failed to earn one quarter of Credited Future Service as a result of Contributory Hours of work, in any two-consecutive-Calendar-Year period.

References to specific section(s) of the Plan can be found in the Official Plan Document under Plan Documents on this website.

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