Pension Plan Summary Plan Description

11.1 If You Return to Work After Retirement – Benefit Suspension

When you retire from the Electrical Industry and commence your pension, you may work in other industries and continue to receive your pension. However, your monthly pension benefit will be suspended if you return to work in the Electrical Industry, unless an exception applies. Such work is known as "Prohibited Employment." If you return to work before actual payment of your pension has begun, the effective date of your pension will be delayed and reestablished according to your last date of reemployment.

You must notify the Fund Office before you engage in any employment of a type that is, or may be Prohibited Employment, including work described below that may qualify for an exception. Prohibited Employment is interpreted in the broadest manner, and includes work for which a wage or salary is paid (regardless of how and when paid), work for which you may be considered an independent contractor, work for which the you receive a deferred benefit, and work for which you receive (or will receive) anything of value in exchange for the services rendered.

Prohibited Employment includes, but is not limited to, (i) Covered Employment, (ii) work which requires directly or indirectly the use of the same skills used by Employees covered by the Plan on the date that the pension became effective, (iii) work in employment for compensation of any kind or for profit in the Electrical Industry, (iv) work for profit as an owner or partner in any business directly or indirectly connected with the Electrical Industry, and (v) work supervising Employees in the same trade or craft, or directly or indirectly using the same skills as Employees covered by the Plan on the date of retirement. It also includes any employment with a contributing Employer or any employment under any collective bargaining agreement to which the Union is party, or any employment with the Union.

"Electrical Industry" means all branches of the electrical industry, including work as a supervisor, estimator, salesman, consultant, self-employment, or any other work involving any electrical knowledge you have acquired as an Employee.

For purposes of determining whether you are employed in Prohibited Employment, hours or hours of service include all hours for which you receive compensation, whether for actual work, illness, for incapacity (including disability), leave of absence or layoff. The Plan will count as Prohibited Employment no more than 501 consecutive hours for which you receive compensation but do not perform any services (such as illness, leave, disability or layoff).