Pension Plan Document PDF (258 KB) Amendments: I  II  III  IV  V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX XX

    

Article I, Section 10

Section 10. Employee. The term “Employee” as used herein shall mean (a) an employee who is included within the unit covered by a Collective Bargaining Agreement between an Employer and a Union or (b) an employee of a Named Employer if such Employer be lawfully included as an Employer as provided in Section 1 of this Article; provided that, if permitted by the agreement described in Article XIII, Section 2, a Named Employer may, by written agreement with the Plan, exclude from the definition of “Employee” any employee subject to a collective bargaining agreement between the Employer and a union which is not listed under this Plan’s definition of “Union.” The term “Employee” does not include a “leased employee,” within the meaning of Section 414(n) of the Code, of an Employer.

For purposes of the definition of “Employee,” and notwithstanding any provisions of the Plan to the contrary, individuals who are not classified by a Named Employer, in its discretion, as employees under Section 3121(d) of the Code (including, but not limited to, individuals classified by the Named Employer as independent contractors and non-employee consultants) do not meet the definition of Employee and are ineligible for benefits under the Plan, even if the classification by the Named Employer is determined to be erroneous, or is retroactively revised. In the event the classification of an individual who is excluded from the definition of Employee under the preceding sentence is determined to be erroneous or is retroactively revised, the individual shall nonetheless continue to be excluded from the definition of Employee and shall be ineligible for benefits for all periods prior to the date the Named Employer determines its classification of the individual is erroneous or should be revised. The foregoing sets forth a clarification of the intention of the parties hereto regarding participation in the Plan in any Plan Year, including Plan Years prior to the amendment of this definition of “Employee.”