INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS("SMART") LOCAL UNION NO. 36 VACATION PLAN Dated November 1, 2017
TABLE OF CONTENTS TABLE OF CONTENTS... ARTICLE I... 1 GENERAL INFORMATION... 1 1.1 NAME OF PLAN... 1 1.2 PLAN SPONSOR AND PLAN ADMINISTRATOR... 1 1.3 PLAN NUMBERS... 1 1.5 TYPE OF PLAN and ADMINISTRATION... 1 1.7 COLLECTIVE BARGAINING AGREEMENTS... 1 1.8 CONTRIBUTING EMPLOYERS... 2 1.9 SOURCE OF CONTRIBUTIONS... 2 1.10 RECIPROCITY... 2 1.11 UNPAID CONTRIBUTIONS... 2 1.12 TRUSTEES INTERPRETATION... 2 1.13 PLAN DOCUMENTS ARE AVAILABLE... 3 1.14 STATEMENT OF RIGHTS UNDER ERISA... 3 1.15 GENDER NEUTRAL... 5 ARTICLE II... 5 ELIGIBILITY FOR PARTICIPATION... 5 AND... 5 VACATION BENEFIT PROGRAM... 5 2.1 ELIGIBILITY FOR BENEFITS... 5 2.2 AMOUNT AND SCHEDULE OF PAYMENT OF BENEFITS... 5 2.3 EARLY PAYMENT REQUESTS... 6 2.4 DEATH BENEFIT... 6 ARTICLE III... 7 CIRCUMSTANCES WHICH MAY RESULT IN... 7 INELIGIBILITY OR LOSS OF BENEFITS... 7 3.1... 7 3.2... 7 ARTICLE V... 7 TERMINATION OF FUND... 7
INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS ("SMART") LOCAL UNION NO. 36 VACATION PLAN TRUSTEES OF SMART LOCAL 36 VACATION PLAN: Mr. David C. Zimmermann Sheet Metal Workers Local 36 301 South Ewing Avenue St. Louis, Missouri 63103 Mr. Ray Reasons Sheet Metal Workers Local 36 301 South Ewing Avenue St. Louis, Missouri 63103 Mr. Neal Krodinger c/o Sheet Metal Contractors 1661 Veterans Drive Desoto, Missouri 63020 Mr. Kevin Suiter Rock Hill Mechanical 524 Clark Ave. St. Louis, MO 63122 PLAN ADMINISTRATOR Board of Trustees of the Sheet Metal Local 36 Vacation Plan 2319 Chouteau Avenue, Suite 300 St. Louis, Missouri 63103 Telephone: (314) 652-8175 Facsimile: (314) 652-0338
ARTICLE I GENERAL INFORMATION This is a summary of the benefits provided by the Vacation Plan. If this Summary Plan Description and the Trust Agreement are in conflict then the Trust Agreement controls. 1.1 NAME OF PLAN: International Association of Sheet Metal Air, Rail and Transportation Workers ("SMART") Local Union No. 36 Vacation Plan 1.2 PLAN SPONSOR AND PLAN ADMINISTRATOR: Board of Trustees of the SMART Local 36 Vacation Plan 2319 Chouteau Avenue, Suite 300 St. Louis, Missouri 63103 Telephone: (314) 652-8175 The Board of Trustees administer the Plan pursuant to their discretion and authority under the Trust Agreement. There are four trustees: two of the Trustees are appointed by Sheet Metal, Air, Rail and Transportation Workers ("SMART") Local Union No. 36 and two are appointed by Sheet Metal and Air Conditioning Contractors Association of St. Louis, Missouri. 1.3 PLAN NUMBERS: The IRS identification number is EIN: 43-0900934. The Plan Number is 501. 1.4 FISCAL RECORD PERIOD/PLAN YEAR: The Plan Year is a Calendar Year, January through December 1.5 TYPE OF PLAN and ADMINISTRATION: The Vacation Plan provides vacation benefits to eligible members working under a Union Agreement or other document requiring contributions to this Fund. The Plan is administered by the Trustees and the day-to-day business of the Trust Fund is carried on by the personnel employed by the Trust Fund in the Fund Office.1.6 AGENT FOR SERVICE OF LEGAL PROCESS: David C. Zimmermann, 2319 Chouteau Avenue, Suite 300, St. Louis, Missouri 63103. Process may also be served upon any Trustee or the Administrator of the Plan at the Fund Office. 1.7 COLLECTIVE BARGAINING AGREEMENTS: The Plan is maintained pursuant to a Collective Bargaining Agreement between SMART Local Union 36 and various sheet metal contractors. Under the terms of the Collective Bargaining Agreement, the contractor/employer agrees to withhold contributions from the -1-
member s check for work performed under the Agreement. The contributions withheld are then forwarded to the Fund Office. 1.8 CONTRIBUTING EMPLOYERS: A Participant or Beneficiary upon written request to the Plan Administrator will be informed as to whether a particular Employer is a contributing Employer to this Plan. 1.9 SOURCE OF CONTRIBUTIONS: This Plan is funded through Employee contributions, (a) Contributions are required under the Collective Bargaining Agreement, presently at 10% of the wages of a journeyman, foreman, general foreman or superintendent. Contributions for pre-apprentice and apprentice members range from 2% to 10% depending on the number of hours completed in the program. Contributions are not currently required for residential commercial light specialists. Check your labor Agreement for the current rate of contributions. (b) Employees may also elect to an additional contribution, currently 5% of hourly wages, above the contribution required by the Collective Bargaining Agreement. Employers will make this additional contribution for those Employees whose election is communicated to the Employer. Any additional contribution will reduce the Employee s take home pay but not his wages for calculating other benefits and rights including for social security. (c) Contributions are deducted from the Employees paychecks. It is important for the Employees to keep their paycheck stubs to verify the Employer(s) contributions to the Fund on their behalf. 1.10 RECIPROCITY: The Trustees do not currently participate in any agreements for reciprocity of vacation contributions. 1.11 UNPAID CONTRIBUTIONS: As set out in the Plan Document (Trust) tthe Trustees will try to credit Participants with contributions withheld by an Employer but not paid to the Fund (Delinquent Contributions). The Plan is not required to do this.. 1.12 TRUSTEES INTERPRETATION: The Trustees have the sole power and discretion to construe and apply the Trust Agreement, this Summary Plan Description and any other document pertaining to the Vacation Plan. Their construction and application is binding on all Employees, beneficiaries, Employers and any other party. -2-
1.13 PLAN DOCUMENTS ARE AVAILABLE: Any Plan Document is available for inspection by participants, beneficiaries, and Employers at the Fund Office during regular business hours. The Plan Documents include: Reports filed with the Federal Government describing the Plan and reporting on the financial operations of the Plan; the SMART Local 36 Vacation Fund Trust Agreement established and governing the Fund s operation; Regulations pertaining to the Fund; the Standard Form of Union Agreement and Addendum providing for contributions to the Fund; and forms adopted by the Trustees. These documents will also be made available for inspection of a member at his place of employment (if there are 50 or more covered members working in such place) with a contributing Employer within 10 days after receipt of a written request at the Fund Office; the member should notify his Employer and the Employer should then put the request in writing to the Fund Office. Upon written request to the Fund Office, any member or beneficiary will be furnished with any Plan Document or part of a Plan Document that is requested. There may be a small charge for the cost of producing the requested material. The Fund Office will explain the charge upon request. MATTERS THAT ARE NOT CLEAR OR WHICH REQUIRED INTERPRETATION IN ANY OF THE FUND DOCUMENTS SHOULD BE REFERRED TO THE BOARD OF TRUSTEES. 1.14 STATEMENT OF RIGHTS UNDER ERISA: As a participant in the Sheet Metal Local 36 Vacation Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants shall be entitled to: (a) RECEIVE INFORMATION ABOUT YOUR PLAN AND BENEFITS by examining without charge, at the plan administrator s office and at other specified locations, such as worksites and Union halls, all plan documents, including insurance contracts, collective bargaining agreements and copies of all documents filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration (EBSA), such as detailed annual reports and plan descriptions. Obtain copies of documents governing the operation of the Plan upon written request to the Plan Administrator. These documents include insurance contracts and collective bargaining agreements, and copies of the latest annual report and updated Summary Plan Description. The Plan Administrator may make a reasonable charge for the copies. Receive a summary of the Plan s annual financial report. The plan administrator is required by law to furnish each participant with a copy of this summary annual report. -3-
(b) EXPECT PRUDENT ACTIONS BY PLAN FIDUCIARIES. In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your plan, called fiduciaries of the Plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your Employer, your union, or any other person may fire you or otherwise discriminate against you in any way to prevent you from obtaining a vacation benefit or exercising your rights under ERISA. (c) ENFORCE YOUR RIGHTS. If your claim for vacation benefit is denied or ignored, in whole or in part,, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules. You must receive a written explanation of the reason for the denial. You have the right to have the plan review and reconsider your claim. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of Plan Documents or the latest annual report from the Plan and do not receive them within 30 days, you may file suit in Federal Court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in court. If it should happen that plan fiduciaries misuse the plan s money or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The Court will decide who should pay the court costs and legal fees. If you are successful the Court may order the person you have sued to pay these costs and fees. If you lose, the Court may order you to pay these costs and fees, for example, if it finds your claim is frivolous. (d) ASSISTANCE WITH YOUR QUESTIONS. If you have any questions about your Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits Security Administration (EBSA), U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration (EBSA), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, -4-
D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the EBSA. 1.15 GENDER NEUTRAL: Any references to a man also apply to a woman and viceversa. ARTICLE II ELIGIBILITY FOR PARTICIPATION AND VACATION BENEFIT PROGRAM 2.1 ELIGIBILITY FOR BENEFITS: Any participant for whom contributions are received by the Vacation Fund in a Plan Year is eligible for benefits. 2.2 AMOUNT AND SCHEDULE OF PAYMENT OF BENEFITS: Benefit payments under the Plan are made in June and December by check mailed to the last known address of the Participant. (a) The December benefit payment is thirty percent (30%) of the Employer contributions received by the Fund, net of expenses and investment losses, in a Participant s name during the months of May through October of the current Plan Year. The December benefit due to an eligible Participant will be payable after December 1, at a date selected by the Trustees, generally around December 10 th. (b) The June benefit is: (1) the remaining 70% of Employer contributions received by the Fund, net of expenses and investment losses, in a Participant s name, during the months of May through October of the prior Plan Year; plus (2) 100% of the contributions received by the Fund, net of expenses and investment losses, in a Participant s name, during the months of January through April of the current Plan Year; plus (3) 100% of the contributions for received by the Fund, net of expenses and investment losses, in a Participant s name, during the months of November and December of the prior Plan Year. The June benefit due to eligible Participants shall be payable after June 1, at such time as the Trustees decide upon, generally around June 10 th. -5-
(c) In calculating the payments, the Fund takes into account contributions actually paid into the system plus any contributions withheld by an Employer but not paid for which the Trustees have given credit. 2.3 EARLY PAYMENT REQUESTS: Vacation benefits will not be paid early, except under special circumstances such as hardship, full-time active military service or retirement of an active member the Trustees have the discretion to grant requests for early payment. Such requests must be in writing. Vacation benefits do not become payable simply because a member terminates his employment under the Union Agreement. The rules governing early payments are available from the Plan Administrator. 2.4 DEATH BENEFIT: If an Employee dies during the Plan Year or before he has received all his vacation benefits in his account, the remaining vacation benefit will be paid to his beneficiary as soon as practicable after receipt of a certified death certificate. If no beneficiary is named or no named beneficiary survives the member, the vacation benefit will be paid to the first of the following classes in which a class member survives the member: Class I surviving spouse of member; Class II surviving children of member (in equal parts); Class III surviving parents of member (in equal parts); If there are none of these, the benefit shall be paid to the member s estate. TO ENSURE THAT YOUR SELECTED BENEFICIARY WILL RECEIVE YOUR DEATH BENEFIT MAKE SURE YOU HAVE A CURRENT CARD ON FILE WITH THE FUND OFFICE. 2.5 FILING A CLAIM FOR BENEFITS: Vacation benefits are paid out automatically in June and December. Death benefits are paid upon timely application to the Fund Office. If there is a dispute between a Participant or Beneficiary and the Fund Office over the entitlement to a benefit or an amount of a payment, the Participant or Beneficiary must file a written claim to the Vacation Fund. The denial of a claim may be appealed. The claim and appeal procedures are on the website, www.smw36benefits.org and may be obtained from the Fund Office without charge. Suit cannot be filed unless the claim appeal procedure is complied with and exhausted. -6-
ARTICLE III CIRCUMSTANCES WHICH MAY RESULT IN INELIGIBILITY OR LOSS OF BENEFITS 3.1 The Fund Office will automatically mail vacation checks to the last known address of a Participant on file at the Fund Office. It is important that each Participant notify the Fund Office of his current mailing address otherwise benefits may be lost. 3.2 If you fail to file a claim on a disputed payment within twelve months after the end of the particular Plan Year your benefits may be lost; 3.3 If a beneficiary fails to apply for the death benefit within five years after the member s death the benefit may be lost; and 3.4 Benefits may be lost if your Employer does not pay the required vacation contributions to the Fund. ARTICLE V TERMINATION OF FUND The Fund may be terminated: (a) by mutual consent of the Union and the Association, (b) by unanimous agreement of the Trustees if, in their opinion, the trust Fund is inadequate to carry out the intent or purpose of the Trust or inadequate to meet the payments due and no remedial action has been taken by the Union and Association in a reasonable amount of time or (c) one year after the date when there is no longer in force any Union Agreement requiring contributions to this Fund or, in the absence of a Union Agreement as to the termination of the Plan, at such date as the Trustees decide. In the event of termination, the Trustees will first pay expenses including the expenses of liquidation. Second, the Trustees will pay all vacation benefits which are then due; if the remaining assets are insufficient to pay these benefits in full, the benefits of all eligible members or eligible beneficiaries will be reduced on a pro rata basis. Third, if sufficient assets then remain to pay additional vacation benefits (after considering the expense of computation and distribution) the Trustees will establish a plan for distribution, similar to that provided for payment of vacation benefits and make distribution according to such plan; otherwise, the Trustees shall distribute the remaining assets to the benefit of members for whom contributions were received -7-
during the last year or the last two years before the date of termination, in an equitable manner as the Trustees determine. 724131.docx 11/17/17-8-