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 II

PARTICIPATION

Article II, Section 1

Section 1. Participation Requirements.

1. Every Employee shall automatically become a Participant when the first contribution to this Plan is required to be made on his behalf by an Employer and shall not be required to file an application for participation. However, effective as of January 1, 2002, except for purposes of Article III, an Employee shall not becomes a Participant until the first January 1 on or after the time when the first contribution to this Plan is required to be made on his behalf by an Employer. Employees of a Named Employer shall automatically become Participants if such entity be lawfully included as an Employer as provided in Section 11 of Article I.
   
   
2. Any writer who would have been an Employee, as defined herein, had this Plan been in existence during the calendar years 1945 through 1959, inclusive, and who earned a theatrical screenplay credit for employment during the calendar years 1945 through 1959, inclusive, with an Employer which has agreed to make special contributions hereunder in connection with Qualified Screen Credited Years, whether or not such writer is still so employed or is alive, shall automatically be a Participant on the Effective Date of this Plan.
   
   
3. Upon becoming a Participant, an Employee shall be entitled by a written designation, filed with the Directors, to designate his Beneficiary. Except as set forth in Section 4(d) of Article V, any designation of a Beneficiary other than the Participant’s Surviving Spouse shall not be valid. The Directors and the Trustee may rely upon the last Beneficiary designation filed in accordance herewith.
   
   
1. Notwithstanding subsection (a), effective January 1, 1992 an Employee of a Named Employer who is hired on a temporary or part-time basis shall only become a Participant if the Employee is credited with 1000 Hours of Service in an Eligibility Computation Period.
   
   
2. For the purpose of this subsection the term Eligibility Computation Period refers to the 12-month period commencing with the Employee’s date of hire and anniversaries thereof; provided that, the rules of Department of Labor Regulations §2530.200b-4(b) shall be used to determine subsequent Eligibility Computation Periods if the Participant is credited with less than 501 Hours of Service in an Eligibility Computation Period.
   
   
3. For the purpose of this subsection an Hour of Service shall be defined as follows:
   
   
   1. An Hour of Service is each hour for which an employee is paid, or entitled to payment, for the performance of duties for the Employer.
      
      
   2. An Hour of Service is each hour for which an employee is paid, or entitled to payment, by the Employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence. Notwithstanding the preceding sentence,
      
      
      1. No more than 501 Hours of Service are required to be credited under this subparagraph (B) to an employee on account of any single continuous period during which the employee performs no duties (whether or not such period occurs in a single computation period);
         
         
      2. An hour for which an employee is directly or indirectly paid, or entitled to payment, on account of a period during which no duties are performed is not required to be credited to the employee if such payment is made or due under a plan maintained solely for the purpose of complying with applicable workmen’s compensation, or unemployment compensation or disability insurance laws; and
         
         
      3. Hours of Service are not required to be credited for a payment which solely reimburses an employee for medical or medically related expenses incurred by the employee.
         
         

   For purposes of this subparagraph (B), a payment shall be deemed to be made by or due from an Employer regardless of whether such payment is made by or due from the Employer directly, or indirectly through, among others, a trust fund, or insurer, to which the Employer contributes or pays premiums and regardless of whether contributions made or due to the trust fund, insurer or other entity are for the benefit of particular employees or are on behalf of a group of employees in the aggregate.

   3. An Hour of Service is each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Employer. The same Hours of Service shall not be credited both under subparagraph (A) or (B), as the case may be, and under this subparagraph (C). Thus, for example, an employee who receives a back pay award following a determination that he or she was paid at an unlawful rate for Hours of Service previously credited will not be entitled to additional credit for the same Hours of Service. Crediting of Hours of Service for back pay awarded or agreed to with respect to periods described in subparagraph (B) shall be subject to the limitations set forth in that paragraph. For example, no more than 501 Hours of Service are required to be credited for payments of back pay, to the extent that such back pay is agreed to or awarded for a period of time during which an employee did not or would not have performed duties.
      
      
4. In determining Hours of Service, the rules in DOL Regulations §2530.200b-2(b) and (c) are incorporated by reference.
   
   
5. An Employee described in this subsection who earns 1000 Hours of Service for a Named Employer in an Eligibility Computation Period shall become a Participant in the Plan on the first day of the month following the completion of the Eligibility Computation Period.
   
   
5. Special Participation Rules.
   
   
   1. The following special rules for Employees of ABC covered by and subject to the WGA/ABC National Staff Agreement (the “ABC Agreement”) are effective March 19, 1996.
      
      
      1. Daily temporary employees of ABC.
         
         
         1. Every Employee who is a daily temporary employee (as defined in the ABC Agreement) of ABC shall automatically participate in this Plan on the first day such Employee becomes a daily temporary employee, but not before March 19, 1996.
            
            
         2. However, every such daily temporary employee of ABC may elect not to participate hereunder by submitting a one-time irrevocable election (as described in subsection (1)(A)(iii) below) not to participate in the Plan and the Writers’ Guild-Industry Health Fund for the Employee’s entire period of service as a daily temporary employee. In accordance with the ABC Agreement, the compensation of a daily temporary employee of ABC who elects not to participate hereunder shall be increased by an amount approximately equal to the amount which would have been contributed to the Plan and the Writers’ Guild-Industry Health Fund on behalf of such Employee.
            
            
         3. To be effective, the election permitted under subsection (A)(ii) above must be submitted to ABC in written form within thirty days after the later of March 19, 1996 or the date upon which such Employee becomes a daily temporary employee of ABC. ABC shall provide copies of such elections to the Plan upon request.
            
            
         4. Any daily temporary employee may elect not to participate in the Plan even if such daily temporary employee previously participated as a staff or weekly temporary employee of ABC. However, once an election has been made by a daily temporary employee, that election shall remain in effect for all of such employee’s service for ABC in the capacity of a daily temporary employee.
            
            
      2. Weekly Temporary Employees of ABC. Every Employee who is a weekly temporary employee (as defined in the ABC Agreement) of ABC shall automatically become a Participant in this Plan, for so long as the Employee is a weekly temporary employee of ABC, commencing on the first date upon which such Employee becomes a weekly temporary employee, but not before March 19, 1996.
         
         
      3. Staff employees of ABC. Certain regular staff employees shall become Participants in this Plan in accordance with the ABC Agreement. Thereafter, as provided in the ABC Agreement, such regular staff employees may become eligible to elect to participate in the ABC Retirement Plan in lieu of this Plan. In the event that such an election is made by a Participant in this Plan, such electing Participant shall not accrue any additional benefits hereunder as a regular staff employee.
         
         
      4. If an ABC Employee’s status changes, such Employee’s participation hereunder shall be governed by his or her new status, regardless of his or her prior status and regardless of whether the Employee previously participated or declined participation. For example, if a daily temporary employee becomes a regular staff employee, such Employee shall commence participation immediately, even if such Employee previously declined participation as a daily temporary employee. Once an election has been made by a daily temporary employee with respect to such employee’s service as a daily temporary employee, that election shall remain in effect for all of such employee’s service for ABC in the capacity of a daily temporary employee.
         
         
   2. The following special rule for Employees of CBS covered by and subject to the WGA/CBS National Staff Agreement (“CBS Agreement”) are effective April 2, 1996.
      
      
      1. Temporary employees of CBS.
         
         
         1. Every temporary employee (as defined in the CBS Agreement) of CBS shall have the opportunity to make an irrevocable one-time election to participate in this Plan for the Employee’s entire period of service as a temporary employee.
            
            
         2. In accordance with the CBS Agreement, the compensation of a temporary employee of CBS who does not elect to participate hereunder shall be increased by an amount approximately equal to the amount which would have been contributed to the Plan on behalf of such Employee.
            
            
         3. To be effective, the election permitted under subsection (2)(A)(ii) above shall be made at the offices of Writers Guild of America, East or at Writers Guild of America, west and shall be made in writing. For employees not employed in New York or Los Angeles, such election shall be made by mail submitted to WGA. The election must be submitted within thirty days after the later of the date upon which such Employee becomes a temporary employee of CBS or September 23, 1996 (if the Directors determine that circumstances so require, the election may be made during a different thirty-day period). The WGA shall provide copies of such elections to the Plan.
            
            
         4. Any temporary employee may elect not to participate in the Plan even if such temporary employee previously participated as a CBS Employee other than as a temporary employee.
            
            
      2. Staff employees of CBS shall not participate in the Plan. In accordance with the CBS Agreement, they may participate in a CBS tax-qualified plan even if they declined to participate in this Plan as a temporary employee.
         
         
      3. If a CBS Employee’s status changes, such Employee’s participation hereunder shall be governed by his or her new status, regardless of his or her prior status and regardless of whether such Employee previously participated or declined participation. For example, if a temporary employee becomes a staff employee, such Employee shall no longer participate, even if such Employee previously elected to participate as a temporary employee. However, once an election has been made by a temporary employee with respect to such employee’s service as a temporary employee, that election shall remain in effect for all of such employee’s service for CBS in the capacity of a temporary employee.