Logo
Profile Administrator Log In  



December 27, 2016 | Print | Site Map | Help
 

Pension Plan

 
Disability

Disability Pension -- Eligibility. A totally and permanently disabled Participant shall be entitled to receive a Disability Pension upon meeting the following requirements:

  1. He or she has not attained age 60;
  2. He or she has ten Years of Credited Service without a Permanent Break in Service, exclusive, however, of any Credited Future Service earned as a result of Continuous Non-Covered Employment; and
  3. He or she has, as a result of actual work in Covered Employment, earned at least two quarters of Credited Future Service in the two consecutive Calendar Years prior to or including the Calendar Year in which he or she became disabled from working in the Resilient Floor Covering Industry.

In accordance with the Rehabilitation Plan, the Disability Pension is discontinued as of January 1, 2011 and shall not be available to any Participant who becomes totally and permanently disabled, as determined under the Plan, on or after such date. The Disability Pension shall continue for any Participant who applied for a Disability Pension as of January 1, 2011 and is entitled to such Disability Pension in accordance with the terms of the Plan.

Amount of the Disability Pension. The monthly amount of a Disability Pension with a Pension Effective Date on or after January 1, 2001 is equal to 90% of the monthly amount of the Regular Pension for which the Participant would be eligible if he or she had attained age 60 when he or she became disabled.

Total and Permanent Disability Defined. A Participant shall be deemed totally and permanently disabled only if the Trustees, in their sole and absolute judgment, find that:

  1. On the basis of such competent medical evidence as the Trustees may require to be shown, the Participant is totally and permanently unable, as a result of bodily injury or disease, to engage in or perform any of the duties of any occupation for which he or she may reasonably be fitted by reason of education, training or experience;
  2. Such bodily injury or disease is not due to such Participant's willful engagement in any illegal activity or occupation or the self-infliction of such or any other injury, or resulting from chronic alcoholism or the use of narcotics, unless the same were administered pursuant to the orders of a licensed physician; and
  3. Such disability will be permanent and continuous for the remainder of the life of the Participant.

The Trustees may, in their sole and absolute judgment and discretion, require or accept as proof of total and permanent disability a determination by the Federal Social Security Administration that the Participant is entitled to a Social Security Disability Benefit in connection with his or her Old Age and Survivors Insurance Coverage. The Trustees may at any time, or from time to time, require evidence of continued entitlement to such Social Security Disability Benefit, and may at any time, notwithstanding the prior granting of a Disability Pension under the Plan on the basis of such Social Security Disability Benefit, require that the Participant satisfy the provisions of sub-paragraphs a., b., and c. of this Section as a prerequisite to the continuance of the Disability Pension granted under the Plan.

If there is a difference in the medical evidence submitted through the Social Security Administration or by an individual doctor or doctors, the Fund may select at its own expense a doctor to examine the Participant and submit the report of his or her findings in order to assist the Trustees with a determination as to whether the Participant is totally and permanently disabled as defined above.

Disability Pension Payments.

  1. Payment of the Disability Pension shall not commence until five full calendar months of Total and Permanent Disability have elapsed. Payment of the Disability Pension will continue as long as the disabled Pensioner remains totally and permanently disabled as herein defined, except that upon becoming age 60, the disabled Pensioner shall have his or her benefits continued regardless of whether he or she remains totally and permanently disabled.
  2. If the Pension Effective Date for a Participant who is totally and permanently disabled as defined in Section 3.08 is after the date payment would have begun in accordance with paragraph a. above, the Participant shall be entitled to a one-time cash payment equal to the monthly amount of the Disability Pension, in the payment form elected, multiplied by the number of calendar months between the date determined in accordance with paragraph a. above and the Pension Effective Date.
  3. Disability Pension payments shall continue during a period of trial work in which the Pensioner is determined by the Social Security Administration to be entitled to a Social Security Disability benefit.

Recovery of a Disability Pensioner. If a Disability Pensioner loses entitlement to a Social Security Disability Benefit, or recovers from a disability prior to attaining age 60, such fact shall be reported by the Pensioner in writing to the Board within 31 days of the date he or she receives notice from the Social Security Administration or the date of such recovery, whichever occurs first. If such written notice is not provided, the Pensioner will upon subsequent retirement not be eligible for benefits for a period of 3 months following the date of his or her subsequent retirement. The 3-month waiting period shall not apply if the subsequent retirement occurs after Normal Retirement Age.

Overpayments attributable to Disability Pension benefits paid for any month or months for which the Pensioner was no longer entitled to such benefits shall be deducted from any subsequent pension payments to which the Pensioner becomes entitled. A deduction from a monthly benefit for a month after the Pensioner attains Normal Retirement Age shall not exceed 25 percent of the pension amount. If a Pensioner dies before recoupment of overpayments has been completed, deductions shall be made from the benefits payable to his or her beneficiary or surviving Spouse, as the case may be, subject to the 25% limitation on the rate of deduction.

Reemployment of a Disability Pensioner. A Disability Pensioner who is no longer permanently and totally disabled may again return to Covered Employment and resume the accrual of Credited Service and Benefit Units and be entitled to a Regular, Service, Special Service (if he or she recovers from his or her disability and reenters Covered Employment before at 55) or Early Retirement Pension unaffected by the prior receipt of a Disability Pension, subject to the Rehabilitation Plan.

A former Disability Pensioner who has returned to Covered Employment may be eligible to again receive a Disability Pension, if subsequent to his or her return to Covered Employment he or she again satisfies all provisions under the Plan for the granting of a Disability Pension, subject to the Rehabilitation Plan. In accordance with the Rehabilitation Plan, the Disability Pension is discontinued as of January 1, 2011 and shall not be available to any Participant who becomes totally and permanently disabled, as determined under the Plan, on or after such date.

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

Contact Plan Administrator
regarding questions about your benefits

Telephone NumberPhone
(800) 782-0010

Contact FormEmail:
resilientinfo@hsba.com

Click for MapVisit Us
Health Services & Benefit Administrators, Inc. (HS&BA)
4160 Dublin Boulevard, Suite 400
Dublin, CA 94568-7756

Contact Website Technical Support
regarding questions related to the use of this web site.

Toll Free(866) 367-8265