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Pension SPD Design Element

A. If You Return to Work After Retirement - Benefit Suspension.

When you retire from the Electrical Industry, you may work in other industries and continue to receive your Pension; however, your monthly benefits from the Plan will be suspended if you return to work in the Electrical Industry, except as provided in Subsection D below. Such employment is known as “Prohibited Employment.” If you return to work before actual payment of your pension has begun, your 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, including the jobs described below that may qualify you for an exception from suspension benefits. Prohibited Employment is interpreted in the broadest manner. It includes employment in which a salary is paid (which includes payment based on an hourly, daily, weekly, bi-weekly, bi-monthly, monthly, annually or any other rate), 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 anything of value (or are to receive anything of value) in exchange for the services rendered.

Prohibited Employment includes, but is not limited to, (1) work in employment of the type performed by Employees covered by the Plan whether or not under a Collective Bargaining Agreement, also known as Covered Employment; (2) work which requires directly or indirectly the use of the same skills used by Employees covered by the Plan on the date of the pension became effective; (3) work in employment for compensation or wages of any kind or for profit in the Electrical Industry; (4) work for profit as an owner or partner in any business directly or indirectly connected with the Electrical Industry; and (5) work where you supervise Employees in the same trade or craft or directly or indirectly use the same skills as Employees covered by the Plan on the date you retire. 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.

The term Electrical Industry means all branches of the Electrical Industry. This includes working as a supervisor, estimator, salesman, consultant, or self-employed in any branch of the Electrical Industry, or any other work involving any electrical knowledge you have acquired as a Participant.

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.