RULES AND REGULATIONS OF THE MUSICIANS PENSION FUND OF CANADA. (As Amended Effective January 1, 2011)

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1 RULES AND REGULATIONS OF THE MUSICIANS PENSION FUND OF CANADA (As Amended Effective January 1, 2011) (The Plan document contained herein is a working copy of the Plan which incorporates all amendments up to Amendment No. 2 The document in this form has not been executed). Date of Consolidation: May 2011

2 TABLE OF CONTENTS Preamble...1 ARTICLE Definitions...1 Section AFM...1 Section Act....2 Section Actuary....2 Section Approved Leave of Absence....2 Section Beneficiary...2 Section Commuted Value...2 Section Contribution Agreement...3 Section Contributions...3 Section Coverped Earnings...3 Section Deferred Pension....4 Section Deferred Retirement Date....4 Section Dependant....4 Section Disability Pension....5 Section Disability Retirement Date....5 Section Early Pension....5 Section Early Retirement Date....5 Section Employee....6 Section Employer....6 Section Former Member....7 Section Income Tax Act...7 Section Joint Form...7 Section Member....7 Section Normal Form....8 Section Normal Pension...8 Section Normal Retirement Age...8 Section Normal Retirement Date...8 Section Pensioner....9 Section Permanently and Totally Disabled...9 Section Plan....9 Section Pre-Retirement Spouse s Benefit....9 Section Pre-Retirement Death Benefit...9 Section Special Retirement Pension....9 Section Spouse....9 Section Totally Disabled...17 Section Trust Agreement...17 Section Trust Fund or Fund...17 Section Trustees Section Year...17 Section YMPE....17

3 ARTICLE Membership and Plan Participation...18 Section Membership Eligibility Section Termination of Membership Section Reinstatement of Employee Membership Section Ongoing Participation for Employees of an Employer...21 ARTICLE Pension Eligibility and Amounts...22 Section Normal Pension - Eligibility Section Normal Pension - Amount Section Early Pension - Eligibility...23 Section Early Pension - Amount...23 Section Deferred Pension - Eligibility Section Deferred Pension - Amount Section Disability Pension - Eligibility Section Permanently and Totally Disabled...25 Section Disability Pension - Amount...25 Section Cessation of Disability...26 Section Pre-Retirement Spouse s Benefit - Eligibility Section Waiver of Pre-Retirement Spouse s Benefit Section Pre-Retirement Spouse s Benefit Amount and Forms of Payment..28 Section Pre-Retirement Death Benefit - Eligibility...31 Section Pre-Retirement Death Benefit - Amount...31 Section Whole Dollar Amount Section Non-Duplication...32 Section Limitation of Benefit Amounts...32 Section Schedules A and B Section Special Retirement Pension - Eligibility...35 Section Special Retirement Pension - Amount...36 Section Additional Benefit - Eligibility Section Additional Benefit - Amount Section Discretionary Ad Hoc Increases...39 ARTICLE Vesting Service and Portability...40 Section Vesting Service...40 Section Vested Status...40 Section Portability Option...40 Section Unlocking for Non-Residents of Canada...43

4 ARTICLE Applications, Benefit Payments, and Retirement...46 Section Applications...46 Section Information and Proof Section Action of Trustees...46 Section Commutation of Small Pension...47 Section Postponed Retirement...51 Section Employment After Retirement...51 Section Designation of Beneficiary...52 Section No Beneficiary...53 Section Statutory Beneficiary Section Incompetence or Incapacity of a Pensioner, Spouse or Beneficiary...53 Section Non-Assignment of Benefits...53 Section Notice Section Payment on Marriage Breakdown...54 Section Phased Retirement Under Quebec Supplemental Pension Plans Act..55 Section Shortened Life Expectancy...56 ARTICLE Forms of Pension Payment...61 Section Normal Form Section Joint Form - For a Member or Former Member who has a Spouse...61 Section Conditions for Payment in the Joint Form Section Optional Forms...66 Section Conditions of Election of Optional Form ARTICLE Partial Pensions...69 Section Purpose Section U.S. Plan Pension Credits Section Combined Pension Credit and Combined Vesting Service Section Eligibility Section Breaks in Pension Credit Section Election of Pensions...70 Section Partial Pension Amount...70 Section Payment of Partial Pensions...71 (iii)

5 ARTICLE Amendment, Termination and General Provisions...72 Section Amendment...72 Section Actuarial Reviews...72 Section Limitation of Liability...73 Section Non-Reversion...73 Section No Right to Assets...73 Section Investments Section Funding...74 Section Remitting of Contributions...74 Section Termination or Winding-Up Section Disclosure of Information Section Administration...76 (iv)

6 RULES AND REGULATIONS OF THE MUSICIANS PENSION FUND OF CANADA PREAMBLE Pursuant to the authority vested in them by the Restated Agreement and Declaration of Trust made as of the 28 th day of February, 2006 and the Plan, as amended and restated effective January 1, 1988 and as amended thereafter from time to time, the Board of Trustees of the American Federation of Musicians and Employers Pension Welfare Fund (Canada) adopted the following rules and regulations, amending and restating the Plan effective January 1, This restated Plan applies to Employees of Employers and Members of the Plan on or after January 1, Unless otherwise indicated in the Plan, the benefit entitlements in respect of former Employees who retired, terminated Plan membership or died prior to January 1, 2008 shall be governed by the Plan in effect at the time of such retirement, termination or death. ARTICLE 1 Definitions The following words and phrases used throughout this document shall have the meanings set forth below unless the context clearly indicates otherwise. Throughout this document a reference to the masculine gender shall be deemed to include a reference to the feminine gender, and words importing the singular may be construed to extend to the plural and vice versa as the context requires. Section AFM. AFM means the American Federation of Musicians of the United States and Canada, and the Canadian Federation of Musicians

7 Section Act. Act means the Pension Benefits Act (Ontario) and the regulations thereunder or, for those persons subject to the pension law of another province or the federal government, the applicable provincial or federal pension statutes and regulations. Section Actuary. Actuary means a person, a firm, or a corporation designated by the Trustees to be the actuary of the Plan, who shall be, or in the case of a firm or corporation a member of whose staff shall be, a Fellow of the Canadian Institute of Actuaries. Section Approved Leave of Absence. Approved Leave of Absence includes leaves of absence required by law to be granted to a Member and, subject to the provisions of the Income Tax Act, any other periods of unpaid leaves of absence, authorized by an Employer or a Contribution Agreement. Section Beneficiary. Beneficiary means a person, as permitted under the Income Tax Act and applicable pension standards legislation, who has been designated by a Member, Former Member or Pensioner in accordance with the provisions of Section 5.07 to receive the benefits payable hereunder to a Beneficiary on the death of a Member, Former Member or Pensioner. Section Commuted Value Commuted Value means the single sum value of a benefit at a particular time calculated in accordance with the Act and, except for Members, Former Members or Pensioners subject to the Quebec Supplemental Pension Plans Act, such value shall be calculated without differentiation based on sex

8 Section Contribution Agreement Contribution Agreement means a Contribution Agreement as defined in the Trust Agreement. Section Contributions. Contributions means the monies paid to the Trust Fund by Employers: (a) (b) (c) (d) (e) pursuant to Contribution Agreements between the AFM and an Employer; pursuant to Contribution Agreements between a local affiliated with the AFM and an Employer; pursuant to local engagement contracts pursuant to which an Employer contributes to the Trust Fund and pursuant to the scales of the AFM or of a Canadian local affiliated with the AFM; pursuant to Contribution Agreements approved by the AFM or a Canadian local affiliated with the AFM; or in respect of a Member who is Totally Disabled or an on Approved Leave of Absence. Contributions shall not exceed 12% of scale wages and the Trust Fund shall not accept any contributions made under any agreement or contract, which provides for contributions in excess of 12% of scale wages. Section Covered Earnings. Covered Earnings means the earnings of an Employee on the basis of which Contributions are required to be paid to the Trust Fund. With respect to a Member who is Totally Disabled or on an Approved Leave of Absence, Covered Earnings shall be calculated as the earnings the Member would have received from the Employer had the Member worked throughout the period when the Member is - 3 -

9 Totally Disabled or on an Approved Leave of Absence and shall be based on the average monthly earnings of the Member in the 12-month period immediately preceding the period during which the Member is Totally Disabled or on an Approved Leave of Absence. In no event, however, shall Covered Earnings exceed the limits set forth in the Income Tax Act. Section Deferred Pension. Deferred Pension means a pension that is payable to a Former Member who meets the requirements of Section 3.05 for such pension, which is calculated in accordance with Section Section Deferred Retirement Date. Deferred Retirement Date means the first day of the month coincident with or next following: (a) (b) the month in which the Former Member attains Normal Retirement Age; or if the Former Member has not attained Normal Retirement Age, the later of: the month in which a completed and signed application is received from the Former Member; and the month for which the Former Member has elected to begin receiving benefits. Section Dependant. Dependant means a parent, grandparent, brother, sister, child or grandchild of the Member, Former Member or Spouse who, at the time of death of the Member, Former Member or Spouse, is both dependent on the Member, Former Member or Spouse for support and - 4 -

10 (a) (b) (c) under 19 years of age and will not attain 19 years of age in the calendar year that includes that time, in full-time attendance at an educational institution, or dependent on the Member, Former Member, or Spouse by reason of mental or physical infirmity. Section Disability Pension. Disability Pension means a pension that is payable to a Member who meets the requirements of Sections 3.07 and 3.08 for such pension, which is calculated in accordance with Section Section Disability Retirement Date. Disability Retirement Date means the first day of the month after a Member becomes Permanently and Totally Disabled as approved by the Trustees provided a completed and signed application along with such other documents as are required in support of the application are received from the Member. In no event shall the Disability Retirement Date be more than 12 months prior to the month in which the completed and signed application along with the required documents are received by the Trustees. Section Early Pension. Early Pension means a pension that is payable to a Member who meets the requirements of Section 3.03 for such pension, which is calculated in accordance with Section Section Early Retirement Date. Early Retirement Date means the first day of the month coincident with or next following the latest of: (a) if the Member is applying for an Early Pension, the month in which the Member meets the requirements of Sections 3.03 or, if the Member is applying for a - 5 -

11 Special Retirement Pension, the month in which the Member meets the requirements of Section 3.20; (b) (c) the month in which a completed and signed application is received from the Member; and the month for which the Member has elected to begin receiving benefits. Section Employee. Employee means: (a) (b) a member of the AFM employed by an Employer to render service as a musician (including therein, a composer, arranger, copyist, proofreader, librarian, instrumentalist, leader or contractor) pursuant to an agreement or scale referred to in Section 1.18; or provided his Employer undertakes in a written agreement to make Contributions to the Trust Fund on his behalf and which agreement is filed with the Trustees, the term Employee covers the following: (iii) a duly elected or appointed officer or representative of the AFM or any of its affiliated locals; or an employee of the Trust Fund; or an office or clerical employee of the AFM or any of its affiliated locals. Section Employer. Employer means: (a) (b) an employer who enters into a Contribution Agreement with the AFM, or with a local affiliated with the AFM, obligating them to contribute to the Trust Fund; an employer who contributes to the Trust Fund pursuant to scales of the AFM or of a local affiliated with the AFM; or - 6 -

12 (c) an employer who undertakes in a written agreement to contribute to the Trust Fund in respect of Employees referred to in Section 1.17(b). Where a Contribution Agreement decreases the contribution rate, or changes the manner or method of contributing to the Plan, the Trustees reserve the right to terminate the participation of the Employer and its Employees in this Plan. Section Former Member. Former Member means an Employee or a former Employee who (a) has terminated membership as set forth in Section 2.02; (b) (c) has not elected the Portability Option in accordance with Section 4.03; and is not a Pensioner, and shall include a former Employee who terminated Plan membership prior to January 1, 2008 and who met the requirements of the Plan in effect at the time of such termination to be a Former Member. Section Income Tax Act. Income Tax Act means the Income Tax Act (Canada) and the regulations thereunder. Section Joint Form. Joint Form has the meaning set forth in Section Section Member. Member means an Employee or a former Employee, other than a Pensioner or a Former Member, who has met the requirements for membership in the Plan as set forth in Section 2.01 and who has not terminated his membership as set forth in Section

13 Section Normal Form. Normal Form has the meaning set forth in Section Section Normal Pension. Normal Pension means a pension that is payable to a Member who meets the requirements of Section 3.01 for such pension, which is calculated in accordance with Section Section Normal Retirement Age. Normal Retirement Age means age 65. Section Normal Retirement Date. Normal Retirement Date means the first day of the month coincident with or next following the later of: (a) (b) the month in which the Member attains Normal Retirement Age; or the month following the month in which the Member last has Covered Earnings reported, provided a completed and signed application is received from the Member. Notwithstanding the foregoing, in the case of a Member who continues to work, benefits shall be payable for the first of the month following the later of the month in which a completed and signed application is received by the Trustees or the month for which the Member has elected to begin receiving benefits. Notwithstanding the foregoing, in no event shall benefits payable to a Member commence later than the end of the Year in which the Member reaches age

14 Section Pensioner. Pensioner means a person who is entitled to and in receipt of a pension payable from the Fund other than a Beneficiary. Section Permanently and Totally Disabled. Permanently and Totally Disabled has the meaning set forth in Section Section Plan. Plan means the Rules and Regulations of the Musicians Pension Fund of Canada as they may be amended from time to time by the Trustees. Section Pre-Retirement Spouse s Benefit. Pre-Retirement Spouse s Benefit means a benefit that is payable to the surviving Spouse of a deceased Member or Former Member who meets the requirements of Section 3.11 for such benefit, which is calculated and paid in accordance with Section Section Pre-Retirement Death Benefit. Pre-Retirement Death Benefit means a benefit that is payable to the Beneficiary or estate of a deceased Member or Former Member pursuant to Section 3.14 and calculated in accordance with Section Section Special Retirement Pension. Special Retirement Pension means a pension that is payable to a Member who meets the requirements of Section 3.20 for such pension, which is calculated in accordance with Section Section Spouse. (a) Spouse, when used in reference to a Member, Former Member or Pensioner subject to the Alberta Employment Pension Plans Act, means - 9 -

15 a person who, at the relevant time, was married to the Member, Former Member or Pensioner and had not been living separate and apart (as defined in the Alberta Employment Pension Plans Act) from the Member, Former Member or Pensioner for three or more consecutive years, or if there is no person to whom paragraph applies, a person who immediately preceding the relevant time, had lived with the Member, Former Member or Pensioner in a conjugal relationship (A) (B) for a continuous period of at least three years, or of some permanence, if there is a child of the relationship by birth or adoption. (b) Spouse, when used in reference to a Member, Former Member or Pensioner subject to the British Columbia Pension Benefits Standards Act, means a person who, at the relevant time, was married to and not living separate and apart (as defined in the British Columbia Pension Benefits Standards Act) from the Member, Former Member or Pensioner for longer than the two-year period immediately preceding the relevant time, or if paragraph does not apply, a person who at the relevant time lived with the Member, Former Member or Pensioner in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for at least the two-year period immediately preceding the relevant time. (c) Spouse, when used in reference to a Member, Former Member or Pensioner subject to the Federal Pension Benefits Standards Act, 1985, means: a person who, as of the relevant time, is cohabiting with the Member, Former Member or Pensioner in a conjugal relationship having so cohabited for a continuous period of at least one year; or

16 a person who, as of the relevant time, is married to the Member, Former Member or Pensioner or who is party to a void marriage with the Member, Former Member or Pensioner. (d) Spouse, when used in reference to a Member, Former Member or Pensioner subject to the Manitoba Pension Benefits Act, means: (iii) a person who is married to the Member, Former Member or Pensioner, or a person who, with the Member, Former Member or Pensioner, registered a common-law relationship under section 13.1 of the Vital Statistics Act, or a person who, not being married to the Member, Former Member or Pensioner, cohabited with him in a conjugal relationship (A) (B) for a period of at least three years, if either of them is married, or for a period of at least one year, if neither of them is married. For purposes of payment of any spousal benefit, a Spouse shall be the person mentioned in paragraph or (iii) above who was not living separate and apart from the Member, Former Member or Pensioner at the time of death or pension commencement. (e) Spouse, when used in reference to a Member, Former Member or Pensioner subject to the New Brunswick Pension Benefits Act, means either of two persons who (a) (b) (c) are married to each other, are married to each other by a marriage that is voidable and has not been avoided by a declaration of nullity, have gone through a form of marriage with each other in good faith that is void and have cohabited within the preceding year, or

17 (d) not being married to each other, have cohabited continuously for a period of not less than three years in a conjugal relationship in which one person has been substantially dependent upon the other for support, or in a relationship of some permanence where there is a child born of whom they are the natural parents, and have cohabited within the preceding year. (f) Spouse, when used in reference to a Member, Former Member or Pensioner subject to the Newfoundland Pension Benefits Act, 1997, means a person who not being married to the Member, Former Member or Pensioner, and, (A) (B) not being prevented by law from marrying the Member, Former Member or Pensioner, has cohabited continuously with the Member, Former Member or Pensioner in a conjugal relationship for a period of not less than one year, or being prevented by law from marrying the Member, Former Member or Pensioner, has cohabited continuously with the Member, Former Member or Pensioner in a conjugal relationship for a period of not less than three years, and is cohabiting or has cohabited with the Member, Former Member or Pensioner within the preceding year, or a person who: (A) is married to the Member, Former Member or Pensioner,

18 (B) (C) is married to the Member, Former Member or Pensioner by a marriage that is voidable and has not been voided by a judgement of nullity, or has gone through a form of marriage with the Member, Former Member or Pensioner, in good faith, that is void and is cohabiting or has cohabited with the Member, Former Member or Pensioner within the preceding year. For the purposes of Part VI of the Newfoundland Pension Benefits Act, 1997, relating to pension entitlements on marriage breakdown, Spouse means a Spouse as defined in the Newfoundland Family Law Act of a Member, Former Member or Pensioner and includes a former spouse of a Member, Former Member or Pensioner. (g) Spouse, when used in reference to a Member, Former Member or Pensioner subject to the Nova Scotia Pension Benefits Act, means either of two persons who (iii) are married to each other, are married to each other by a marriage that is voidable and has not been annulled by a declaration of nullity, or have gone through a form of marriage with each other, in good faith, that is void and are cohabiting or, if they have ceased to cohabit, have cohabited within the twelve-month period immediately preceding the date of entitlement, and shall also include common law partners who are persons who have cohabited in a conjugal relationship for a period of at least two years, neither of them meeting any of the criteria set out in paragraph, or (iii) above. For the purposes of Section 6.02, Spouse shall mean a person who meets the above definition and who, at the date the first installment of the pension is due, is not living separate and apart from the Member, Former Member or Pensioner

19 (h) Spouse, when used in reference to a Member, Former Member or Pensioner under the jurisdiction of Prince Edward Island, means either of two persons who (iii) are married to each other, are married to each other by a marriage that is voidable and has not been annulled by a declaration of nullity, or have gone through a form of marriage with each other, in good faith, that is void and are cohabiting or, if they have ceased to cohabit, have cohabited within the twelve-month period immediately preceding the date of entitlement, and shall also include common law partners who are persons who have cohabited in a conjugal relationship for a period of at least three years, neither of them meeting any of the criteria set out in paragraph, or (iii) above. For the purposes of Section 6.02, Spouse shall mean a person who meets the above definition and who, at the date the first installment of the pension is due, is not living separate and apart from the Member, Former Member or Pensioner. Spouse, when used in reference to a Member, Former Member or Pensioner subject to the Quebec Supplemental Pension Plans Act, means a person who, as of the date spousal status is established, is married to or in a civil union with the Member, Former Member or Pensioner, has been living in a conjugal relationship with a Member, Former Member or Pensioner, who is neither married nor in a civil union, whether the person is of the same or the opposite sex, for a period of not less than three years, or for a period of not less than one year if (A) at least one child is born, or to be born, of their union;

20 (B) (C) they have jointly adopted at least one child while living together in a conjugal relationship; or one of them has adopted at least one child who is the child of the other while living together in a conjugal relationship. Spousal status shall be established as of the earlier of the day payment of the Member s, Former Member s or Pensioner s pension begins or the day preceding the death of the Member, Former Member or Pensioner. However, where the Member or Former Member dies without having received any pension benefit other than the benefit provided under Section 5.14, spousal status shall be established as of the day preceding the death of the Member or Former Member. For the purposes of subparagraph, the birth or adoption of a child during a marriage or civil union or a period of conjugal relationship prior to the period of conjugal relationship existing on the day as of which spousal status is established may qualify a person as a Spouse. The right of a Member s, Former Member s or Pensioner s Spouse to survivor benefits under this Plan is terminated by separation from bed and board, divorce or marriage annulment, by the dissolution or annulment of their civil union or by the cessation of conjugal relationship unless such Spouse is the Member s, Former Member s or Pensioner s Beneficiary, or the Member, Former Member or Pensioner had notified the Trustees in writing to pay the survivor benefit to the person notwithstanding the divorce, annulment of marriage, separation from bed and board, dissolution or annulment of the civil union or cessation of conjugal relationship. Notwithstanding subparagraph, a person who, on the day on which spousal status is established, is separated from bed and board from a Member, Former Member or Pensioner who dies or whose pension begins to be paid, as the case may be, after December 31, 2000 is not entitled to any benefits under this Plan, regardless of the date on which the judgment granting separation from bed and

21 board is rendered or became effective unless the person is the Member s, Former Member s or Pensioner s Beneficiary or the Member, Former Member, or Pensioner had notified the Trustees in writing to pay the survivor benefit to the person. (j) Spouse, when used in reference to a Member, Former Member or Pensioner subject to the Saskatchewan Pension Benefits Act, 1992, means: a person who, at the relevant time, was married to the Member, Former Member or Pensioner, or if a Member, Former Member or Pensioner is not married, a person who is cohabiting with the Member, Former Member or Pensioner in a conjugal relationship and has done so continuously for at least one (1) year period prior to the relevant time. (k) Spouse, when used in reference to any other Member, Former Member or Pensioner, means either of two persons who, at the relevant time, is not living separate and apart from the other, and who, are married to each other, or are not married to each other and are living together in a conjugal relationship, (A) (B) continuously for a period of not less than 3 years, or in a relationship of some permanence, if they are the natural or adoptive parents of a child, both as defined in the Ontario Family Law Act. (l) Only one spousal benefit is payable from the Plan, and in case of multiple claims from persons who claim to be Spouses, resolution of the claims and the priority may be referred to the courts

22 Section Totally Disabled. Totally Disabled means, for the purposes of Sections 1.08 and 1.09 a physical or mental impairment which prevents a Member from performing the duties of employment in which the Member was engaged prior to the impairment and which is certified, in writing, as such, by a medical doctor licensed to practice in Canada. Section Trust Agreement. Trust Agreement means the Restated Agreement and Amended Agreement and Declaration of Trust effective August 12, 2010, together with any amendments thereto. Section Trust Fund or Fund. Trust Fund or Fund means the Pension Fund or Fund as defined in the Trust Agreement. Section Trustees. Trustees mean the Board of Trustees as established and constituted from time to time in accordance with the Trust Agreement. Section Year. Year means the fiscal year of the Plan which covers the twelve-month period from January 1 to December 31 of any given year. Section YMPE. YMPE means the Year s Maximum Pensionable Earnings as that term is defined in the Canada Pension Plan or, for persons subject to the pension law of Quebec, the Quebec Pension Plan

23 ARTICLE 2 Membership and Plan Participation Section Membership Eligibility. (a) After December 31, 2000 An Employee who first has Contributions made on his behalf after December 31, 2000, shall become a Member of the Plan on the first day of the Year following the Year in which he has accumulated: (A) (B) 700 hours of employment with an Employer; or Covered Earnings equal to or greater than 35% of the YMPE; whichever occurs earlier provided that, for the purposes of this subparagraph, hours of employment and Covered Earnings shall not be counted if they were earned prior to a 6 consecutive month period in which no Contributions are made on behalf of the Employee. Despite subsection 2.01(a), an Employee shall become a Member of the Plan upon his attaining the requirements to acquire Vested Status under the Rules and Regulations for the Plan, as at December 31, 2000 in accordance with Section 4.02(c). (b) After December 31, 1989, but before January 1, 2001 An Employee, as defined in Section 1.17(a), who first has Contributions made on his behalf after December 31, 1989, but before January 1, 2001, shall become a Member of the Plan when Contributions are received on his behalf from his first Employer. An Employee, as defined in Section 1.17(b), who is first employed by an Employer after December 31, 1989, but before January 1, 2001, shall

24 become a Member of the Plan on the first of the Year following the Year in which he has accumulated: (A) (B) 700 hours of employment with an Employer, or $5,000 of Covered Earnings whichever occurs earlier. (iii) An Employee, as defined in Section 1.17(a), who first has Contributions made on his behalf prior to January 1, 1990 and who has not met the requirements of subsection (c) below to become a Member of the Plan on January 1, 1990 shall become a Member of the Plan when Contributions are paid on his behalf by his Employer after December 31, (c) Prior to January 1, 1990 An Employee, as defined in Section 1.17(a), who first has Contributions made on his behalf after December 31, 1986, shall become a Member of the Plan on the first day of the Year following the Year in which Contributions, together with Contributions made in prior Years, represent at least $5,000 of Covered Earnings, provided that, for the purposes of this subparagraph, Contributions and Covered Earnings shall not be counted if they were earned in a Year that is prior in two consecutive Years in which no Contributions are made on behalf of the Employee. An Employee, as defined in Section 1.17(b) who is first employed by an Employer after December 31, 1986, shall become a Member of the Plan on the first day of the Year following the two consecutive Years in each of which he has accumulated: (A) (B) 700 hours of employment with an Employer, or $5,000 of Covered Earnings

25 (iii) Notwithstanding the above, if the Contributions received on an Employee s behalf in any one of the five consecutive Years immediately preceding January 1, 1987 represent Covered Earnings of at least $375, the Employee shall become a Member as of the first day of the Year following the Year in which the Contributions received on and after January 1, 1987 represent at least $375 of Covered Earnings, provided this amount is accumulated within five Years from the end of the Year in which he has had at least $375 of Covered Earnings reported. Section Termination of Membership. (a) (b) (c) An Employee, as defined in Section 1.17(a) shall terminate his status as a Member as of the last day of the calendar month coincident with or next following 24 consecutive months in which no Contributions are made on his behalf. An Employee, as defined in Section 1.17(a), who last has Contributions reported prior to January 1, 1990, shall terminate his status as a Member as of the last day of the calendar month coincident with or next following 24 consecutive months in which no Contributions are made on his behalf. An Employee, as defined in Section 1.17(b), shall terminate his status as a Member as of the day he terminates employment with an Employer. Section Reinstatement of Employee Membership. An Employee who terminated Membership in accordance with Section 2.02 and who elected the Portability Option under Section 4.03 shall again become a Member upon meeting the requirements of Section An Employee who terminated Membership in accordance with Section 2.02 and who did not elect the Portability Option under Section 4.03 shall again become a Member when Contributions on his behalf resume

26 Section Ongoing Participation for Employees of an Employer. An Employer and its Employees as defined in Section 1.17(a) are only eligible to participate if all the Employees in that class participate in this Plan. Participation of an Employer and its Employees as defined in Section 1.17(b) shall be subject to the terms and conditions adopted by the Trustees

27 ARTICLE 3 Pension Eligibility and Amounts Section Normal Pension - Eligibility. A Member shall be entitled to retire on a Normal Pension upon attainment of Normal Retirement Age. A Normal Pension shall first be payable to a Member on his Normal Retirement Date. Section Normal Pension - Amount. The monthly amount of the Normal Pension shall be the sum of subsections (a), (b), (c) and (d) below: (a) For Pensionable Service After December 31, 2010 The monthly amount of the Normal Pension is $3.25 for each $100 of Contributions up to 10% of scale wages made to the Fund on the Member s behalf that were in respect of pensionable service after December 31, The monthly amount of the Normal Pension is $2.00 for each $100 of Contributions between 10% and 12% of scale wages made to the Fund on the Member s behalf that were in respect of pensionable service after December 31, (b) For Pensionable Service After April 30, 2006 and Before January 1, 2011 The monthly amount of the Normal Pension is $3.70 for each $100 of Contributions up to 10% of scale wages made to the Fund on the Member s behalf that were in respect of pensionable service after April 30, The monthly amount of the Normal Pension is $2.00 for each $100 of Contributions between 10% and 12% of scale wages made to the Fund on the Member s behalf that were in respect of pensionable service after April 30, 2006 and before January 1,

28 (c) For Pensionable Service After December 31, 1991 and Before May 1, 2006 The monthly amount of the Normal Pension is $3.70 for each $100 of Contributions made to the Fund on the Member s behalf that were in respect of pensionable service after December 31, 1991 and before May 1, (d) For Pensionable Service Before January 1, 1992 The monthly amount of the Normal Pension is $3.80 for each $100 of Contributions made to the Fund on the Member s behalf that were in respect of pensionable service before January 1, For purposes of this Section, Contributions shall be rounded to the nearest $100. Section Early Pension - Eligibility. A Member shall be entitled to retire on an Early Pension upon attaining age 55, but before attaining Normal Retirement Age. An Early Pension shall first be payable to a Member on his Early Retirement Date. Section Early Pension - Amount. The monthly amount of the Early Pension shall be the sum of subsections (a) and (b) below: (a) For Pensionable Service after December 31, 2010 The amount of the Normal Pension calculated in accordance with Section 3.02(a), actuarially reduced for each month the Member s retirement precedes his Normal Retirement Date. (b) For Pensionable Service before January 1, 2011 The monthly amount of the Normal Pension, calculated in accordance with Section 3.02(b), (c) and (d), reduced by the following percentages:

29 If the effective date of the Early Pension is on or after the attainment of age sixty (60), one-third of one percent (1/3 of 1%) for each full month by which the effective date of the Early Pension precedes age sixty-five (65). If the effective date of the Early Pension is prior to the attainment of age sixty (60), twenty percent (20%) plus one-half of one percent (½ of 1%) for each full month by which the effective date of the Early Pension precedes age sixty (60). month by which the effective date of the Early Pension precedes age sixty (60). Section Deferred Pension - Eligibility. A Former Member shall be entitled to retire on a Deferred Pension on or after attaining age 55. A Deferred Pension shall first be payable to a Former Member on his Deferred Retirement Date. Section Deferred Pension - Amount. (a) (b) On or After Normal Retirement Age. If the Deferred Pension commences on or after the Former Member attains Normal Retirement Age, the monthly amount of the Deferred Pension shall be equal to the monthly amount of the Normal Pension as calculated in accordance with Section Before Normal Retirement Age. If the Deferred Pension commences before the Former Member attains Normal Retirement Age, the monthly amount of the Deferred Pension shall be equal to the monthly amount of the Early Pension, as calculated in accordance with Section Section Disability Pension - Eligibility. A Member shall be entitled to retire on a Disability Pension if (a) he becomes Permanently and Totally Disabled as defined in Section 3.08;

30 (b) (c) he is not eligible to retire on a Normal Pension; and he is not in receipt of a disability benefit under a long term disability program sponsored by the Employer. A Disability Pension shall first be payable to a Member on his Disability Retirement Date. Section Permanently and Totally Disabled. A Member shall be deemed Permanently and Totally Disabled within the meaning of this Plan only if the Trustees, in their sole and absolute discretion, shall determine on the basis of evidence, including a written certification from a medical doctor who is licensed to practise under the laws of a province or of the place where the Member resides, that: (a) (b) he is totally unable, as a result of bodily injury or disease to engage in or perform duties of any occupation for remuneration or profit, and such disability will be permanent and continuous for the remainder of his life. A Member applying for a Disability Pension may be required to submit to an examination by a physician or physicians selected by the Trustees. If the Member is awarded a Disability Pension, he may be required to submit to re-examination periodically as the Trustees may direct. The Trustees, in their sole and absolute discretion, may require or accept, as additional proof of permanent and total disability, the determination that the Member is entitled to a disability benefit under the Canada Pension Plan or the Quebec Pension Plan. Section Disability Pension - Amount. The monthly amount of the Disability Pension shall be equal to the monthly amount of the Normal Pension accrued to the date of disability as calculated in accordance with Section

31 Section Cessation of Disability. If an individual in receipt of a Disability Pension subsequently ceases to be Permanently and Totally Disabled and is, or thereafter becomes, eligible to retire on a Normal, Early or Deferred Pension, he may apply in accordance with the Plan for a Normal, Early or Deferred Pension, as the case may be. Section Pre-Retirement Spouse s Benefit - Eligibility. Subject to any right to or interest in the benefit that may arise under Section 5.13, the Spouse of a Member or Former Member shall be entitled to a Pre-Retirement Spouse s Benefit if the Member or Former Member dies before meeting the requirements to be a Pensioner. If the Spouse of a deceased Member or Former Member subject to the pension law of Alberta is eligible to receive a benefit under this Section but dies before pension commencement without having elected to make the transfer under Section 4.03(b), a lump sum payment equal to the Commuted Value of the deceased Member s or Former Member s pension shall be payable to the Spouse s designated beneficiary, if living, and otherwise to the Spouse s estate. Section Waiver of Pre-Retirement Spouse s Benefit. (a) Members or Former Members Subject to the Pension Law of Ontario The Spouse of a Member or Former Member may waive the right to the Pre- Retirement Spouse s Benefit by filing a written waiver with the Trustees in a form approved by the Ontario Superintendent of Financial Services, that is signed by the Spouse in the presence of a witness. In the event such waiver is filed with the Trustees and has not been revoked by the Spouse prior to the Member s or Former Member s death, it shall be considered as if the Member or Former Member does not have a Spouse eligible for the Pre-Retirement Spouse s Benefit and Section 3.14 shall apply

32 (b) Members or Former Members Subject to the Pension Law of Alberta The Spouse of a Member or Former Member may waive the right to the Pre- Retirement Spouse s Benefit by executing a waiver in a form prescribed by the Act and in the presence of a witness but outside of the presence of the Member or Former Member. In the event such waiver is filed with the Trustees and has not been revoked by the Spouse prior to the payment of the Pre-Retirement Spouse s Benefit, it shall be considered as if the Member or Former Member does not have a Spouse eligible for the Pre-Retirement Spouse s Benefit and Section 3.14 shall apply. If the Spouse is also named as a designated Beneficiary, a waiver under this subsection also removes the Spouse as the Member s or Former Member s Beneficiary. (c) Members or Former Members Subject to the Pension Law of British Columbia The Spouse of a Member or Former Member may waive the right to the Pre- Retirement Spouse s Benefit by executing a waiver in a form prescribed by the Act and in the presence of a witness. In the event such waiver is filed with the Trustees prior to the payment of the Pre-Retirement Spouse s Benefit, it shall be considered as if the Member or Former Member does not have a Spouse eligible for the Pre-Retirement Spouse s Benefit and Section 3.14 shall apply. If the Spouse is also named as a designated Beneficiary, a waiver under this subsection also removes the Spouse as the Member s or Former Member s Beneficiary. (d) Members or Former Members Subject to the Federal Pension Benefits Standards Act The Spouse of a Member or Former Member who dies before age 55 may, after the death of the Member or Former Member, waive in writing, the right to the Pre-Retirement Spouse s Benefit and designate a Dependant to receive the Pre- Retirement Death Benefit under Section In this event, there shall be no Pre- Retirement Death Benefit payable to a Beneficiary and it shall be considered as if

33 the Member or the Former Member did not have a Spouse eligible to for the Pre- Retirement Spouse s Benefit. (e) Members or Former Members Subject to the Pension Law of Quebec The Spouse of a Member or Former Member may waive the right to the Pre- Retirement Spouse s Benefit by executing a waiver containing the information prescribed by the Act. In the event such waiver is filed with the Trustees prior to the Member s or Former Member s death and has not been revoked by the Spouse prior to the Member s or Former Member s death, it shall be considered as if the Member or Former Member does not have a Spouse eligible for the Pre- Retirement Spouse s Benefit and Section 3.14 shall apply. (f) Members or Former Members Subject to the Pension Law of Saskatchewan The Spouse of a Member or Former Member may waive the right to the Pre- Retirement Spouse s Benefit by executing a waiver in a form prescribed by the Act. In the event such waiver is filed with the Trustees and has not been revoked by the Spouse prior to the Member s or Former Member s death, it shall be considered as if the Member or Former Member does not have a Spouse eligible for the Pre-Retirement Spouse s Benefit and Section 3.14 shall apply. Section Pre-Retirement Spouse s Benefit Amount and Forms of Payment. (a) The Pre-Retirement Spouse s Benefit shall be a monthly amount, payable for the life of the surviving Spouse with the first 120 payments guaranteed, the value of which is equal to 100% of the Commuted Value of the Member s or Former Member s monthly pension accrued to the date of his death subject to the following: If a Member or Former Member dies on or after attaining age 55, the value of the Pre-Retirement Spouse s Benefit payable to the surviving Spouse shall be the greater of:

34 (A) (B) the value of a 60% joint and survivor pension the Spouse would have been entitled to receive, had the Member or Former Member retired on a 60% joint and survivor pension the day before death; and the Commuted Value of the Member s or Former Member s benefit accrued to the date of death. If a Member who is subject to the pension law of Quebec and who elects to postpone his pension in accordance with Section 5.05 dies during the period of postponement, the value of the Pre-Retirement Spouse s Benefit that is payable to his surviving Spouse shall be the greater of (A) (B) the value of a 60% joint and survivor pension the Spouse would have been entitled to receive, had the Member or Former Member retired on a 60% joint and survivor pension the day before death; and the Commuted Value of the Member s or Former Member s benefit accrued to the date of death. The Pre-Retirement Spouse s Benefit shall first be payable to the Spouse for the month following the month of death of the Member or Former Member, and shall be payable for the life of the surviving Spouse with the first 120 payments guaranteed. If the Spouse dies before receiving 120 monthly pension payments, any remaining payments shall be paid in a lump sum to the Spouse s estate. (b) Cash Payment Option In lieu of the immediate monthly pension provided in subsection (a), the surviving Spouse of a Member or Former Member who is subject to the pension law of New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Quebec or Saskatchewan, may elect to receive a cash payment of the Commuted Value of the benefit determined in subsection (a)

35 (iii) In lieu of the immediate monthly pension provided in subsection (a), the surviving Spouse of a Member or Former Member who is subject to the pension law of Newfoundland and who dies before attaining age 55 may elect to receive a cash payment of the Commuted Value of the benefit determined in subsection (a). In lieu of the immediate monthly pension provided in subsection (a), the surviving Spouse of a Member or Former Member may elect to transfer the Commuted Value of the benefit determined in subsection (a) to a registered retirement savings plan that is registered under the Income Tax Act The Commuted Value shall be credited with interest from the date of death to the date of payment at the rate used to calculate the Commuted Value. (c) Portability Option In lieu of the immediate monthly pension provided in subsection (a), the surviving Spouse of a Member or Former Member subject to the pension law of Alberta, British Columbia, Manitoba, Newfoundland or Saskatchewan, or of the Federal Pension Benefits Standards Act, 1985 may elect to transfer the Commuted Value of the benefit determined in subsection (a) in accordance with the Portability Option as provided in Section 4.03(b). The Commuted Value shall be credited with interest from the date of death to the date of payment at the rate used to calculate the Commuted Value. (d) Deferred Pension Option In lieu of the immediate monthly pension provided in subsection (a), the surviving Spouse of a Member or Former Member who is subject to the pension law of Ontario may elect to receive a deferred pension the value of which is equal to the Commuted Value of the benefit determined in subsection (a). If this option is

36 elected, the payment of such pension may not be deferred beyond the month following the surviving Spouse s 65 th birthday. Section Pre-Retirement Death Benefit - Eligibility. In the event a Member or Former Member dies before retirement and there is no person eligible to receive the benefit payable under Section 3.13, the Member s or Former Member s Beneficiary, designated in accordance with Section 5.07, shall be entitled to a Pre-Retirement Death Benefit if the Member or Former Member dies before meeting all the requirements to become a Pensioner. If there is no designated Beneficiary, or if the last named Beneficiary has pre-deceased the Member or Former Member, the Pre-Retirement Death Benefit shall be paid to the Member s or Former Member s estate. Notwithstanding the foregoing, if a Spouse has designated a Dependant to receive the Pre-Retirement Death Benefit in accordance with subsection 3.12(d), no Pre-Retirement Death Benefit shall be payable to the Member s or Former Member s Beneficiary or estate. Section Pre-Retirement Death Benefit - Amount. The Pre-Retirement Death Benefit shall be a lump sum payment, the value of which is equal to the Commuted Value of the benefit determined in Section 3.13(a). Section Whole Dollar Amount. The monthly amount of pension benefit computed in accordance with this Article 3 or, if any adjustment as provided elsewhere in the Plan is applicable, as adjusted, shall be rounded to the next higher whole dollar amount

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