May 7, 2010
GEORGIA-PACIFIC CONSUMER PRODUCTS (CAMAS) LLC.
ASSOCIATION OF WESTERN PULP
THE UNITED BROTHERHOOD OF
The following proposal is the Company’s last, best and final offer to resolve all outstanding issues for the 2009/2010 negotiations with the AWPPW for the represented bargaining unit employees employed at the Camas, Washington, facility. Unless contained in this offer, all items presented by either party shall be considered to have been dropped.
otherwise stated, all items shall become
effective the day following receipt of notice of ratification and
acceptance. The effective date for changes
in the HEALTH
This offer may be withdrawn in its entirety or amended at any time prior to the Company’s receipt of notice of ratification and acceptance.
· TERM OF AGREEMENT:
Propose a five (5) year agreement. Effective June 1, 2009 – May 31, 2014
· WAGES: Contingent upon a timely receipt of notification of ratification and acceptance, general wage increases for all classifications as shown:
Effective the first full payroll period following receipt of notification of acceptance, a two percent (2%) general wage increase to hourly rates of pay for all employees on the payroll at the time of ratification. This general wage increase shall be retroactive back to June 1, 2009, contingent upon receipt of notification of ratification and acceptance prior to 5:00 p.m. on May 28, 2010, or prior to the termination of the labor agreement, whichever occurs first. Payment to be made as soon as practical following notification and acceptance.
Effective the first full payroll period following December 1, 2010 (eighteen (18) months) from the first general wage increase, a one percent (1%) general wage increase to hourly rates of pay.
Effective the first full payroll period following December 1, 2011 (thirty (30) months) from the first general wage increase, a two percent (2%) general wage increase to hourly rates of pay.
Effective the first full payroll period following October 1, 2012 (forty (40) months) from the first general wage increase, a one percent (1%) general wage increase to hourly rates of pay.
Effective the first full payroll following July 1, 2013 (forty nine (49) months) from the first general wage increase, a one percent (1%) general wage increase to hourly rates of pay.
· PENSION: Modify the Pension benefits as follows:
· Modify plan for conversion of disability benefits at age 65 to a normal retirement benefit with re-election of benefit option.
· Exhibit C – Modify by replacing current language provided in the attached “Modified Exhibit C”.
The Group Insurance Benefit levels, as
specified in the Your Life Choices Sample Summary Plan Description
Employees dated 08/13/2008 that was
provided to the Union in negotiations on 2/12/2010, as modified and
by the parties hereto, will continue in full force and effect for the
this agreement, except that the preferred drug list and the preventive
Effective no later than 1/1/2011, the Company shall make available to its employees and their eligible dependents the Medical and Dental Plan presented in negotiations and as detailed in the Sample Summary Plan Description for Union Employees (attached) and Schedule of Benefits (attached).
The employee shall pay 25% of the premium for medical and dental coverage on a pre-tax basis. The premium shall be established on a per-dependent pricing basis. The Company shall establish the premium and such premium is subject to change on an annual basis.
On or before September 1st (prior to open enrollment) the Joint Cost Containment Committee will meet to review the new premium rates and all information used to set the new rates.
Effective no later than 1/1/2011, the Company shall make available to its employees the Accident & Sickness Plan (A&S) presented in negotiations and as detailed in the Sample Summary Plan Description for Union Employees (attached) and Schedule of Benefits (attached).
Effective no later than 1/1/2011, the Company shall make available to its employees the Life & AD&D Insurance Plan presented in negotiations and as detailed in the Sample Summary Plan Description for Union Employees (attached) and Schedule of Benefits (attached). Upon the effective date, the Life and AD&D insurance benefit shall be $60,000 for all eligible employees.
Upon the effective date, the Premium Waiver Benefit will be discontinued. Employees may port/convert life coverage upon termination in accordance with the SPD.
Effective no later than 1/1/2011, the Company shall make available to its employees the Supplemental Employee Life Insurance benefit presented in negotiations and as detailed in the Schedule of Benefits (attached). The benefit shall be provided, subject to Evidence of Insurability, which allows employees to purchase additional life insurance on themselves of up to $50,000 (in increments of $10,000). The employee shall pay 100% of the premium. The insurer shall establish the premium and such premium is subject to change on an annual basis.
Effective no later than 1/1/2011, the Company shall make available to its employees the Dependent Life Insurance benefit presented in negotiations and as detailed in the Schedule of Benefits (attached). The benefit shall be $10,000 coverage for spouse and $10,000 for dependent child ($1,000 for dependent child(ren) age 14 days - 6 months). The employee shall pay 100% of the premium. The insurer shall establish the premium and such premium is subject to change on an annual basis.
v HEALTH SAVINGS ACCOUNT:
Effective no later than 1/1/2011, the Company shall make available to its employees the Health Savings Account (HSA) as presented in negotiations and detailed in the Sample Summary Plan Description for Union Employees (attached).
For employees electing “Employee Only” coverage in the GP ABH Plan and who open an HSA with the Company’s selected HSA administrator when first eligible to enroll, the Company will make a contribution in the amount of $200 to the employee’s HSA for 2011 only. In addition, the Company will provide 100% match on the employee’s contribution to the HSA up to a maximum of $250 for 2011 only.
For employees electing “Employee + Dependent(s)” coverage in the GP ABH Plan and who open an HSA with the Company’s selected HSA administrator when first eligible to enroll, the Company will make a contribution in the amount of $400 to the employee’s HSA for 2011 only. In addition, the Company will provide 100% match on the employee’s contribution to the HSA up to a maximum of $500 for 2011 only.
v FLEXIBLE SPENDING ACCOUNTS:
Effective no later than 1/1/2011, the Company shall make available to its employees the Flexible Spending Accounts as presented in negotiations and detailed in the Sample Summary Plan Description for Union Employees (attached).
v EMPLOYEE ASSISTANCE PROGRAM:
The Company shall continue to make available to its employees and eligible dependents the Employee Assistance Program (EAP).
v SPECIAL SURVIVOR BENEFIT:
The Company shall continue to make available to its employees the Special Survivor Benefit Plan.
A. Effective for employees who retire on or after the effective date of the next open enrollment period following the January 1, 2010 open enrollment,
a. Eliminate spousal continuation provision which provides that spouses and/or eligible dependents (who are under age 65) of retirees whose coverage terminates due to one of the plan termination rules may continue coverage in the Retiree Medical plan. Coverage under the Retiree Medical Plan for all dependents terminates when the retiree’s coverage terminates.
b. Eligible spouses and/or eligible dependents of deceased retirees may continue coverage, on a fully self-paid basis, under Retiree COBRA for a period of 36 months.
· EXHIBIT B – Replace current language with modified Exhibit B as attached.
· EXHIBIT F, Supplemental Agreement, #6., page 124, Safety Shoe Allowance - Effective June 1, 2010 -- $120, Effective June 1, 2011 -- $125, Effective June 1, 2012 -- $130.
ITEMS FROM NON-MONETARY AGENDA
1. Labor Agreement, pg 1 – Update Company name to read, “Georgia-Pacific Consumer Products (Camas) LLC.
5. Section 13, Call Time, pg 15 – Modify current language as shown below:
SECTION 13 ‑ CALL TIME
Modify the following paragraphs to read as follows:
1. Call Time will be paid if, in accordance with instructions from the Company, an employee works on a floating holiday as defined in Section 7 or during a vacation period as defined in Section 24. Call Time is payable for each separate or distinct shift worked on a Floating Holiday or day of vacation, wherein any of the shift hours fall within the defined holiday or vacation period. However, Call Time will not be paid where an employee works beyond their shift into their floating holiday or vacation period unless there was no other available option to cover such work.
4. (c) When the additional period of work in the same day extends into the starting time of the employee’s established shift on the following day, no Call Time is payable if the period of work within the same day does not exceed four (4) hours and if at least thirty-six (36) hours notice thereof, has been given prior to the start of such work.
It is intended to require the payment of Call Time regardless of whether the employee reports for the separate and additional period of work in the same day, (1) before he reports for his regular shift, or (2) after he punches out from his regular shift, provided it is actually a separate period of work apart from his regular shift and does not extend into or out of his regular shift.
6. Call Time is payable for work on a Designated Day Off when such work is at the Company’s request. It is understood, however, that when an employee’s Designated Day Off is traded for another day off in the same week at his request and for his own convenience, with the Company’s consent but not at the Company’s request, no Call Time is payable, and such a change in day off, made at the employee’s request, is not to be considered a transfer initiated by the Company as outlined in subparagraph 2 of Section 11.
12. An employee who volunteers to participate in Mill Interactive Committees will not be eligible to receive call time for any hours of work associated with Committee business provided at least thirty-six (36) hours notice thereof, has been given prior to the start of such work.
6. Section 15, Starting and Stopping of Tour Workers, pg 19 – Modify second paragraph to read, “Employees shall clock out no more than seven (7) minutes after the end of their regular shift and may clock in no more than seven (7) minutes before their scheduled shift begins.”
7. Section 20, Seniority, A., 1, pg 22 – Update Company name to read, “Georgia-Pacific Consumer Products (Camas) LLC.”
8. Section 20 – Seniority, B., 2, pg 24 – Modify probationary period to 90 days.
Section 27, Group Insurance, pg 40 –
language and insert, “The
Insurance Benefit levels, as specified in the Your Life Choices
Summary Plan Description for Union Employees dated 08/13/2008 that
provided to the Union in negotiations on 2/12/10 as modified and agreed
the parties hereto, will continue in full force and effect for the term
agreement, except that the preferred drug list and the preventive and ch
10. Section 31, Arbitration, C., Modify paragraph C. to read:
“The parties shall select an arbitrator by such means as they may by mutual agreement choose and such selection shall be made within thirty (30) calendar days after the Union notifies the Company that it is carrying a dispute to arbitration. In the event that the Parities do not reach mutual agreement, the Company and the Union agree to apply to the Federal Mediation and Conciliation Service for a panel of seven (7) persons, each such person being qualified to act as an impartial arbitrator…” (Remaining portion of section remains unchanged).
Section 33, Permanent Discontinuance
of Employment, B., 7, pg 51 – Eliminate current
language and insert, “An eligible employee released from active
elects COBRA benefits will have such benefits paid by the Company for the first two (2) months.”
13. Section 37, Terms of Agreement and Changes in Agreement, pg 55 – Modify date reference in pre-amble, Paragraphs B, D and E to reflect dates of new agreement.
14. Exhibit A, Section I, Paragraph D (Job Rate Retention), pg 59 – Delete the current language in paragraphs 2 – 4 and replace with the following:
2. “An employee with five (5) or more years of service regularly assigned to the job permanently eliminated, or who is displaced in the ladder by the reassignment (as provided in 1. above) or who is reassigned (as provided in 1. above) to a lower-rated job in the mill shall have their rate of pay reduced on a graduated schedule; for the first six (6) months the employee will receive the rate of their permanent job or the rate of their new job, whichever is higher. If after six (6) months the employee continues to be permanently assigned to a lower rated job, his/her protected rate will be reduced to one half (1/2) of the difference between the rate of their prior permanent job from which they were reduced and their existing rate for an additional six (6) months or until he/she occupies a job of equal or higher rate. After a total of twelve (12) continuous months the employee will receive the rate of the job which he/she is actually performing.”
18. Exhibit B, Group Insurance Program, I., Mill Group Insurance Committees, pg 78 – Delete
19. Exhibit B, Group Insurance Program, II., D, pg 79 – Delete (See attached modified Exhibit B.)
21. Exhibit B, Group
22. Exhibit B, Group
“Layoff or Personal Leave of Absence (Excluding Military Service) – If such employee is absent from work as a result of a layoff due to disciplinary action or lack of work or because of a personal leave of absence requested by the employee and approved by the Company, the provisions found in paragraph “A” and paragraph “B” above will be applied as if the employee had terminated.” (See attached modified Exhibit B.)
23. Exhibit B, Group
26. Exhibit F, Supplemental Agreements, 7. pg 125 – Replace language in Paragraph 7 to read as follows, “Effective January 1, 2011, the Camas Mill will become a Tobacco Free facility.”
27. Exhibit F, Supplemental Agreements, 16 Drug and Alcohol Policy, pg 127 – Edit 1st paragraph to read:
“This policy will establish a random drug testing program for all Company employees at the Camas facility. Random testing will not include testing for alcohol. An employee Assistance Program will be available.”
Edit fourth (4th) paragraph, bullet item four (4) to read:
“Elements for this drug testing program will include:
· Discharge for a positive test result. Failure to take a test as reasonably designated by Management would result in just cause for immediate discharge.”
Other Sections are to remain unchanged.
Job Rate Retention
Employees on job rate retention at the time of ratification will continue to enjoy the provisions of the existing labor agreement associated with the event that placed them on such retained rate.
There will be a one time, lump sum bonus of $1,500 to all employees, actively on the payroll, for modifications to the Section 13 – Call Time. This payment is contingent upon receipt of notification of ratification and acceptance prior to 5:00 p.m. on May 28, 2010, or prior to the termination of the labor agreement, whichever occurs first. Payment will be made as soon as practical following a timely ratification.
Effective as soon as practical following ratification and acceptance of the labor agreement, prescription drugs which are covered under the proposed GP PPO and GP ABH plans for smoking cessation will be included in the prescription drug program of the GP PPO 500 and 1000 plans currently available for Camas Bargaining Unit employees.
Effective the first full payroll period following receipt of notification of acceptance, a $.25/hour rate adjustment shall be applied to all mechanics and apprentices job classifications payable to all mechanics on the payroll at the time of ratification. This wage adjustment shall be retroactive back to June 1, 2009, contingent upon receipt of notification of ratification and acceptance prior to 5:00 p.m. on May 28, 2010, or prior to the termination of the labor agreement, whichever occurs first. Payment will be made as soon as practical following a timely ratification.
Effective the first full payroll period following June 1, 2012, a $.25/hour rate adjustment shall be applied to all mechanics and apprentices job classifications payable to all mechanics on the payroll on June 1, 2012.
GROUP INSURANCE PROGRAM
This Exhibit B sets forth the respective rights and obligations of the Company and its employees under the Group Insurance Program which has been established pursuant to Section 27 of the Labor Agreement.
Coverage will be provided by the GP medical, dental and insurance plans as presented in the Summary Plan Description and Schedule of Benefits provided to the Union during negotiations in accordance with Section 27 of the Labor Agreement.
It is understood that grandchildren are to be covered if they are dependents of a regular GP employee and that employee is also their legal guardian.
The negotiated benefit levels, as represented in the SPD and Schedule of Benefits handed to the Union during negotiations, will not be reduced during the term of this Agreement.
I. Continuation of Coverages
A. All group Health and Welfare benefits will terminate in accordance with the eligibility requirements outlined in the Summary Plan Description provided to the Union during Negotiations.
B. When the employee‑employer relationship has not been terminated, but the employee is not actively at work because of a disability, layoff, or leave of absence, all coverage set forth in Schedule 1 will be subject to the following conditions:
1. NON-OCCUPATIONAL DISABILITY – If such employee is on an approved medical leave of absence due to disability, benefits coverage will be continued during the period he is disabled from work for up to nine (9) months in accordance with the Summary Plan Description and Schedule of Benefits provided to the Union during negotiations.
DISABILITY - If such employee
is on an approved
medical leave of absence due to disability, benefits
coverage will be continued during the period he is disabled from work for up to twenty four (24) months in accordance with the Summary Plan Description and Schedule of Benefits provided to the Union during negotiations.
3. LAYOFF OR PERSONAL LEAVE OF ABSENCE
(EXCLUDING MILITARY SERVICE) ‑ If such employee is absent from work as a result of a layoff due to disciplinary action or lack of work or because of a personal leave of absence requested by the employee and approved by the Company, the provisions found in paragraph “A” above will be applied as if the employee’s employment had been terminated.
4. MILITARY SERVICE ‑ If such employee is absent from work as a result of participating in a Reserve Training Program of the Armed Forces of the United States, or as a result of serving in the Armed Forces of the United States, the employee will be eligible to apply for a leave of absence under the then current Company’s Military Leave policy. The provisions for Health and Welfare coverage continuation for the employee and dependents will be applied in accordance with the Company’s Military Leave policy.
C. Whenever reference is made in this paragraph I to coverages which are to be continued and the cost thereof which is to be paid by the Company, it is understood and agreed the coverages referred to are those outlined in Schedule 1.
D. This paragraph I shall not be construed to restrict continuation of a particular benefit beyond the time when the related coverage is canceled or terminated if, and only to the extent, that continuation is specifically granted in any relevant contract or plan documents.
II. Statistical Data
No later than February 1st of each
Company will provide and furnish to the
local Union provided under Parts A, B and C of
Schedule 1, statistical data including premiums, paid by line
cost of claims paid, increase or decrease
and retention costs for the twelve month period ended the previous October 31st.
III. Plan Funding and Administration
The Company will have the sole responsibility: to self‑administer, to self‑insure and/or select the carriers for the Group Life, Accidental Death and Dismemberment, Sickness and Accident, Health Care and Dental Care benefit plans.
IV. General Provisions
A. The Company’s obligation and the coverages it provides shall be subject to all the limitations and interpretations found in the contracts with selected carriers or other plan documents which are not in conflict with the provisions of this Exhibit B.
B. Any dispute arising out of the operation, administration, or interpretation of any contract or other plan document which is not in conflict with the terms of this Exhibit B shall not be subject to the grievance procedures of this Labor Agreement. Any such dispute shall be adjudicated under the terms of such contract or document.
C. Permission may be granted by the Company under special circumstances to permit an employee to waive receipt of any coverages or benefits under this Group Insurance Plan, but in such event the employee shall not receive any monetary equivalent. The application by an employee for such permission and the reply thereto by the Company shall be in writing.
D. Nothing in this Exhibit B shall affect the Company’s policies, practices, and procedures, including among others, but not limited to, termination of employment, layoffs, leave of absence and retirement.
E. When applying the terms of this Exhibit B relating to the termination or cancellation of an employee’s coverage or relating to the employee’s right to make an election as to the continuation of a coverage at his own expense, the Company shall give the employee timely notice in writing.
F. Future modifications to the S and A plan document are subject to mutual agreement between the Union and the Company. This does not, however, pertain to modifications required by law or regulation.
Part A ‑ Group Term Life Insurance, Accidental Death and Dismemberment Insurance and Non‑occupational Accident and Sickness Weekly Benefits Insurance.
The Plan will include the following coverages and benefits for Eligible Employees actively at work on June 1, 2009 until the effective date of the next open enrollment period following the January 1, 2010 open enrollment.
Effective June 1, 2009 Through The Effective Date Of The Next Open Enrollment Period Following The January 1, 2010 Open Enrollment
Part Time Employee 5,000
12.52 but less than 13.06 27,000
13.06 but less than 13.33 28,000
15.48 but less than 15.76 32,000
15.76 but less than 16.30 33,000
16.30 but less than 16.84 34,000
16.84 but less than 17.38 35,000
17.38 but less than 17.92 36,000
17.92 but less than 18.46 37,000
18.46 but less than 19.00 38,000
19.00 but less than 19.54 39,000
19.54 but less than 20.08 40,000
20.08 but less than 20.62 41,000
20.62 but less than 21.16 42,000
21.16 but less than 21.70 43,000
21.70 but less than 22.24 44,000
22.24 but less than 22.78 45,000
22.78 but less than 23.32 46,000
23.32 but less than 23.86 47,000
23.86 but less than 24.40 48,000
24.40 but less than 24.94 49,000
24.94 but less than 25.48 50,000
25.48 but less than 26.02 51,000
26.02 but less than 26.56 52,000
26.56 but less than 27.10 53,000
27.10 but less than 27.64 54,000
27.64 but less than 28.18 55,000
28.18 but less than 28.72 56,000
28.72 but less than 29.26 57,000
29.26 but less than 29.80 58,000
29.80 but less than 30.34 59,000
30.34 but less than 30.88 60,000
30.88 and up 61,000
NOTE: Each of the hourly job rates in the above table is defined as the straight‑time day rate of the employee’s regular job exclusive of all premium and fringes. The Part Time Employee Bracket, without regard to the hourly job rate, will apply to any employee who is not regularly scheduled to work thirty or more hours per week.
I. Group Term Life Insurance
A. Group Term Life Insurance will be included in accordance with the above table of Hourly Job Rate Brackets and Corresponding Coverages until the effective date of the next open enrollment period following the January 1, 2010, open enrollment.
B. Group term life insurance will be provided in accordance with the Summary Plan Description (including the Schedule of Benefit pages) given the Union during bargaining.
C. Effective no later than January 1, 2011, the Life Insurance Benefit for all active eligible employees will be $60,000.
II. Accidental Death and Dismemberment Insurance
A. Accidental Death and Dismemberment Insurance will be included in accordance with the above Table of Hourly Job Rate Brackets and Corresponding Coverages until the effective date of the next open enrollment period following the January 1, 2010 open enrollment.
B. Group term Accidental Death and Dismemberment Insurance will be provided in accordance with the Summary Plan Description (including the Schedule of Benefit pages) given the Union during bargaining.
C. Effective no later than January 1, 2011, the AD&D Insurance Benefit for all active eligible employees will be $60,000.
Accident and Sickness weekly benefit will be 50% of the employee’s regular classification rate of pay times 40, up to 36 weeks maximum and provided in accordance with the Summary Plan description (including the Schedule of Benefit pages) given to the Union during bargaining until the effective date of the next open enrollment period following the January 1, 2010 open enrollment.
IV. Special Survivor Benefit Plan
Special Survivor Benefit Plan will be provided in accordance with the Summary Plan Description given the Union during bargaining.
B ‑ HEALTH
(Non‑Occupational) For Employees and Dependents
Employees contributions will be 25% of the applicable health care insurance premiums (per dependent rate), pre-tax (GP PPO Plan or ABH Plan).
Employees retiring after January 1, 2009, will pay the full cost of retiree medical coverage premiums. The only plans available for retirees and their dependents will be the G-P retiree medical plans (indemnity & PPO), subject to future design changes. The premiums will be based on the premiums applicable to retiree health plans offered by Georgia-Pacific. Additionally, Georgia-Pacific may at its sole discretion, offer additional health plan options during subsequent and separate (from actives) open enrollment periods. Any additional health plan options that Georgia-Pacific offers during future open enrollments will be offered on a calendar year basis, and may or may not be continued and/or offered in subsequent open enrollments.
C ‑ DENTAL
Employees contributions will be 25% of the applicable dental care insurance premiums (per dependent rate), pre-tax.
Georgia Pacific, LLC Retirement Plan for Consumer Products and Packaging Employees
APPLICABLE TO THE
This Exhibit C will help you understand the main features of the Georgia Pacific LLC Retirement Plan for Consumer Products and Packaging Employees as it applies to you. The information is effective for hourly employees at Camas, Washington, who are represented by the Association of Western Pulp and Paper Workers, Local 5, and who are covered under the Plan. If you have questions about your benefits, additional details can be found in you Summary Plan Description or by contacting your Plan Record Keeper.
When you are preparing for retirement, keep in mind that the Georgia Pacific LLC Retirement Plan for Consumer Products and Packaging Employees is not the only financial resource provided for employees. You and the Company contribute together toward your Social Security benefit. As you near retirement age you should contact your local Social Security office for full information on the benefits you can expect to receive.
Please note: This Exhibit C is
of your Georgia Pacific LLC Retirement Plan for Consumer
Packaging Employees. The Official
Plan document and Trust Agreement govern the operations of the Plan and
payment of all benefits. Information on
how you may review those official documents is given at the end of
Exhibit, under “Your ERISA Rights” can be found in
your Summary Plan
The Georgia Pacific LLC Retirement Plan for Consumer Products and Packaging Employees…
‑ This Plan provides a bargained benefit fully paid by the
Company. You make no contributions toward the cost of your retirement benefits.
‑ Provides you with a monthly pension based on your wage
rate and the
number of years of benefits service as described in the Summary
you are employed by the Company before retiring.
‑ May provide a monthly pension if you become totally disabled before the time you plan to retire.
‑ Offers you flexible dates for retirement ‑‑ as early as age 55, if you have the required Vesting Service.
‑ Offers you a choice of benefit payment options, including continuing benefits for your beneficiary after your death.
‑ Can provide a benefit at retirement even though you leave the Company before that time, if you qualify as a Terminated Vested Participant.
Georgia Pacific Corporation The
Company pays the full cost of the Retirement Plan; employee
are neither required nor allowed. The
Company makes regular contributions to the Retirement Plan Trust Fund. Those contributions are invested on behalf of
Plan members, so that the Trust Fund is maintained at a level that will
present and future benefits for covered employees.
You are eligible for the Plan effective on your date of hire and are automatically enrolled in the Plan.
CALCULATING YOUR BENEFITS
Your Normal Retirement Benefit at Age 65
Your normal retirement date is the first of the month following your 65th birthday.
Your normal monthly retirement benefit is calculated by multiplying your years of Benefit Service times your Monthly Benefit Rate, which is based on your wage rate. The result is the amount you would receive for your lifetime only, if there were no modifications to your normal benefit such as an early retirement, vested retirement or selection of an option for continuing spouse’s benefit. The effect of such modifications is described later in this Exhibit and in your Summary Plan Description.
To calculate your normal monthly
retirement benefit, find the Regular Straight Time Job Rate
(“Blue Slip Rate”)
you will have on your retirement date.
Look across the chart below to find the Monthly Benefit Rate for
“Blue Slip Rate”. Then
Monthly Benefit Rate times the years of Benefit Service you will have
Further information on your projected pension
calculation may be
obtained from Human Resources. Further
information on your projected pension calculation may be found in your
Plan Description or by contacting your Plan Record Keeper.
SCHEDULE OF BENEFIT RATES
Regular Straight Monthly Benefit Rate
Time Job Rate Per Year of Service
Classifi- (“Blue Slip Rate”) Payable at Age 65 on a
cation Lifetime Only Basis
1/1/06 1/1/07 1/1/08
1 15.48 - 15.82
35.00 36.00 37.00
2 15.83 ‑ 16.16
35.50 36.50 37.50
3 16.17 ‑ 16.50
36.00 37.00 38.00
4 16.51 ‑ 16.85
36.50 37.50 38.50
5 16.86 ‑ 17.19
37.00 38.00 39.00
6 17.20 ‑ 17.53
37.50 38.50 39.50
7 17.54 ‑ 17.87
38.00 39.00 40.00
8 17.88 ‑ 18.22
38.50 39.50 40.50
9 18.23 ‑ 18.56
39.00 40.00 41.00
10 18.57 ‑ 18.90
11 18.91 ‑ 19.24
12 19.25 ‑ 19.58
13 19.59 ‑ 19.92
14 19.93 ‑ 20.26
15 20.27 ‑ 20.61
16 20.62 ‑ 20.95
17 20.96 ‑ 21.30
18 21.31 ‑ 21.65
19 21.66 ‑ 22.00
20 22.01 ‑ 22.35
21 22.36 ‑ 22.70
22 22.71 ‑ 23.05
23 23.06 ‑ 23.40
24 23.41 ‑ 23.75
25 23.76 - 24.11
26 24.12 - 24.47
27 24.48 - 24.83
28 24.84 - 25.19
29 25.20 - 25.55
30 25 56 - 25.91
31 25.92 - 26.27
32 26.28 - 26.63
33 26.64 - 26.99
34 27.00 - 27.35
35 27.36 - 27.71
36 27.72 - 28.07
37 28.08 - 28.43
38 28.44 - 28.79
39 28.80 - 29.15
40 29.16 - 29.51
41 29.52 - 29.87
42 29.88 - 30.23
43 30.24 - 30.59
44 30.60 - 30.95
45 30.96 - 31.31
46 31.32 - 31.67
47 31.68 - 32.03
48 32.04 - 32.39
49 32.40 - 32.75
50 32.76 - 33.11
51 33.12 - 33.47
52 33.48 - 33.83
53 33.84 - 34.19
54 34.20 - 34.55
55 34.56 - 34.91
56 34.92 - 35.27
Half cents will be rounded up to the next whole cent.
CALCULATING YOUR BENEFITS
Your Normal Retirement Benefit at Age 65 (Continued)
Your Monthly Benefit Rate applies to all your Benefit Service prior to and through the period the above schedule is in effect. However, in the event your job rate is reduced, any reduced Monthly Benefit Rate will apply only to the Benefit Service for which you are credited on and after the next effective date of a subsequent schedule.
Generally, if you were actively at work on the effective date of the above schedule, your regular straight time job rate on that date will determine your Monthly Benefit Rate. However, there are conditions that can affect which job rate is applicable. These are:
‑ If you are hired or rehired after the most recent schedule
effective date, the regular straight time job rate (“Blue Slip Rate”) of the position you are hired or rehired into will determine your corresponding monthly benefit rate.
‑ If you return to active employment from an authorized leave of absence, the regular straight time job rate (“Blue Slip Rate”), depending on the date of your return to active employment, of the job you return to, will determine your corresponding monthly benefit rate.
‑ If you terminate employment while on an authorized leave of absence, and upon termination are entitled to a present or future benefit from the Plan, your regular straight time job rate (“Blue Slip Rate”) of the job you left will determine your corresponding monthly benefit rate.
‑ If you transfer from a location outside the mill or from salary to hourly after the effective date of the above schedule, the regular straight time job rate (“Blue Slip Rate”) of the position transferred to will determine your corresponding monthly benefit rate.
Notwithstanding the general rule stated
above, if you are actively at work on the applicable effective date
and, due to
operation of the Job Rate Retention provisions of the labor agreement,
being paid at a straight time job rate (“Blue Slip Rate”)
greater than the
straight time job rate (“Blue Slip Rate”) of the job you
currently are holding,
the straight time job rate (“Blue Slip Rate”) you are
actually being paid will
determine your corresponding monthly benefit rate.
Notwithstanding the general rule stated
above, if you
are actually at work on the applicable effective date, have been
assigned to the same position for at least one year and prior to
effective date, due to ill health, are unable to perform such permanent
are transferred on or after your 50th birthday to a lower straight time
rate, your straight time job rate prior to such a transfer will be
deemed to be
the straight time job rate to determine your corresponding monthly
rate. Such monthly benefit rate will
remain in effect until you attain a straight time job rate under a
schedule which entitles you to a higher monthly benefit rate.
- Notwithstanding the general rule stated above, if an employee has been permanently assigned to the same position for at least 1 year and is transferred to a lower Straight Time Job Rate, the Employee’s Straight Time Job Rate, as it falls within the applicable Table, prior to such transfer, shall be deemed to be the Straight Time Job Rate to determine the Employee’s corresponding Monthly Benefit Rate under the applicable Table, and such Monthly Benefit Rate shall remain in effect until such Employee attains a Straight Time Job Rate under a subsequent Table which entitles the Employee to a higher Monthly Benefit Rate.
‑ If you are a new employee filling a position created after the latest effective date, the regular straight time job rate established for your position will be reduced by any wage increases granted after the latest effective date for the purpose of determining your corresponding monthly benefit rate.
‑ If a government entity imposes a wage freeze during the term of the Labor Agreement, the bracket in effect at that time will continue to apply. If you are promoted and would have moved up on a subsequent schedule, your new frozen job rate will apply to the applicable bracket as though you had been at your promoted rate on the Schedule in effect prior to the wage freeze. This provision is applicable provided any such wage freeze rules permit it.
Figuring a Normal Retirement Benefit These examples of retirement benefits show
determined by the indicated Monthly Benefit Rates when payments are for
lifetime only. If you elect a form of
retirement income with a survivor benefit, the amount would be reduced
accordance with your choice.
Monthly Benefit Rate
Years Of Benefit Service
Monthly Retirement Income For Your Lifetime Only: 20
$800.00 $ 900.00 $1000.00 25
Acquired Companies: Service and Benefit Offsets
If you were employed with certain companies acquired by Georgia Pacific or a non‑participating subsidiary, you may be granted additional Service credit for such employment. However, any benefits you may receive from another pension plan on account of such employment will not be duplicated by the Georgia Pacific Retirement Plan.
IF YOU LEAVE BEFORE
Even if you leave Georgia Pacific before your normal retirement date, you will still receive a pension benefit if you qualify for an Early or Disability Retirement, or for a Vested Termination.
You can retire early if you meet the following age and Vesting Service requirements:
Age Years of Vesting Service
55 ‑ 57 15
60 and Over 5
Your benefits are figured the same way as benefits at normal retirement age. Then they are multiplied by an early retirement factor for your age when payments will begin, as follows:
Benefits Begin Benefits Begin
At Age Factor At Age Factor
65 100% 59 82%
64* 97% 58 79%
63* 94% 57 76%
62* 91% 56 73%
61 88% 55 70%
* Non‑Discounted Early Retirement. If you retire when you are 62 and have 20 or more years of Vesting Service, you receive your normal retirement benefits starting immediately, with no reduction.
Level Income Arrangement
If you do retire early, before you’re 62, you may need a greater retirement benefit until you are eligible for Social Security benefits which are currently not available until age 62 unless you are disabled. You may elect to have your Georgia Pacific benefit increased during those years between your early retirement and age 62. Then, when your Social Security benefits begin at age 62, your Georgia Pacific benefit will be reduced. This “Level Income Option” will help “level” your retirement income until the time when all benefits are being paid. You may elect this arrangement in addition to one of the payment options described later in this Exhibit.
The Plan can provide income if illness or
injury prevents you from working. You
are entitled to a disability pension if ... ‑ You have completed at least five years of
Vesting Service and have been permanently disabled at least
six consecutive calendar months prior to date of retirement, and ‑ You have presented a Social Security Award
Letter. The Company may require the
participant to submit current proof of Social Security disability
a letter from the SSA if the letter is old).
The Company reserves the right to request proof of Social
disability status on an ongoing basis no more than once every six
months. If proof is not submitted when
Company may suspend disability benefits until acceptable proof is
the participant, at which time benefits will be reinstated retroactive
requirement will be waived, for the sole purpose of qualifying your
beneficiary (as described below), if all of the following conditions
‑ You are not eligible for
Early Retirement, ‑ You
have been required to discontinue active employment due to an incurable
terminal disease, verified by competent medical authority,
‑ You have applied for Total
- You die as a result of said
within the two‑month
- The disability commencement
date is to be six
months after the latter of (1) – the disability date in the SSA
award, or (2) the first day of absence due to disability.
If all of
these conditions are met, your designated beneficiary will receive the
option you elected on the first of the month following your death.
Your disability pension is calculated
like your normal retirement benefit, using your Benefit Service and
Benefit Rate in effect at the time of your retirement.
Your disability pension is not reduced by an
early retirement age factor, no matter what your age at disability
although your pension amount may be adjusted if you choose an optional
Eligibility. A Participant shall be eligible for disability benefits if such Participant:
(a) Has completed at least five (5) years of Vesting Service on the date he last worked;
(b) Becomes Totally Disabled as defined below;
(c) Is an Active Participant (as defined below) in this Plan on the date of onset of such total disability; and
(d) Remains so disabled until his Disability Annuity Starting Date as defined below.
Definition of Active Participant. For any Plan Year (or any portion thereof), any Employee who has been admitted to, and not removed from, active participation under this Exhibit to the Plan since the last date his employment commenced or recommenced. For the purpose of determining eligibility for a Disability benefit, an Active Participant includes any individual who is (i) actively at work, (ii) on vacation, or (iii) on an approved leave of absence and has been on the approved leave of absence for less than one (1) year on the date he became Disabled.
Definition of Total Disability. For purposes of this section, a Participant shall be deemed to be totally disabled for any period during which he is recognized as being totally disabled by the Social Security Administration pursuant to a current Social Security disability award that includes a disability onset date (a copy of which, together with any modifications, must be provided to the Plan Administrator).
Amount of Disability Benefit. A Participant’s monthly disability benefit shall equal such Participant’s Accrued Benefit as of his Disability Annuity Starting Date as defined below. Such Accrued Benefit shall be calculated using the Participant’s Benefit Service accrued to the Disability Annuity Starting Date (provided, however, that in no event shall the Participant receive credit for more than one (1) year of Benefit Service for the period following his last day actively at work), and the benefit level in effect on the Disability Annuity Starting Date.
Disability Annuity Starting Date. Disability benefits will commence as of the first day of the month following the later of the completion of a six (6) month absence from work because of total disability or the satisfaction of the eligibility requirements above.
Forms of Disability Benefit. Disability benefits shall be paid in one of the following optional forms:
1. Single Life Annuity
2. Joint and One-Half Survivor Annuity
3. Joint and Three-Quarters Survivor Annuity
4. Joint and Full Survivor Annuity
Termination of Disability Benefits.
(a) Payment of disability benefits shall cease upon the earliest to occur of the following:
(i) The Participant ceases to be totally disabled;
(ii) The Participant refuses to provide the Plan Administrator with the information required under paragraph (b) below; or
(iii) Attainment of Normal Retirement Age, at which time the Participant’s disability benefit shall be converted to a normal retirement benefit payable in a form elected by the Participant.
(b) The Plan Administrator shall have the right to require verification satisfactory to it of the Participant’s disability as frequently as every six (6) months (which verification shall include substantiation of continued Social Security eligibility), and failure to do so shall not be deemed to be a waiver of this right. If the Plan Administrator, in its discretion, determines that the Participant is no longer permanently or totally disabled, his disability benefits shall cease.
While Disabled. This
provision applies to a Participant who qualified for a disability
who elected his form of payment but dies before or after the
his disability benefit. Such
Participant’s surviving Spouse shall be entitled to a benefit
based on the
pre-retirement survivor annuity provided in the Plan.
pre-retirement survivor annuity will be determined using the Reduction
from the Early Retirement Pension provisions regardless of the Vesting
accrued by the Participant. Notwithstanding
the foregoing, such surviving Spouse may elect to receive, in lieu of
pre-retirement survivor annuity, the survivor benefit paid under the
form elected by the Participant on his disability benefit election form.
Vested Benefits After Termination
If you have satisfied vesting requirements, you’re entitled to a vested benefit if you leave for any reason other than normal, early or disability retirement. The vesting retirements are:
Years of Vesting
Age at Termination Service Needed
Any Age 5
Your benefits are determined at your date of termination of employment. If you want them to begin before you’re 65, they are multiplied by a factor for your age at the time your payments start.
Benefits Begin Benefits Begin
At Age Factor At Age Factor
65 1.0000 59 .5887
64 .9090 58 .5436
63 .8288 57 .5031
62 .7580 56 .4664
61 .6950 55 .4331
The earliest age benefits may commence is age 55.
HOW YOUR PENSION IS PAID
Your pension benefit will be paid to you once each month. The actual amount you receive each month will depend upon several factors other than the normal benefit calculation; these are marital status and option selected, if any.
Your Marital Status
If you are SINGLE when you retire, you will receive the full monthly amount as calculated under the benefit formula, for the rest of your life.
If you are MARRIED when you retire, your monthly pension benefit is reduced to provide a lifetime income for your spouse if he or she outlives you. The benefit payable to your surviving spouse is 50% of the amount you received during your lifetime unless you select another available payment option (see below). The amount of reduction in your benefit needed to provide this continuing income for your spouse will depend on the ages of you and your spouse at the time you retire.
No matter what your marital status when you retire, if you are taking NORMAL or EARLY retirement, you may select one of the following payment options if you feel it better suits your personal needs.
‑ Single Life Annuity. You receive the full amount produced under the benefit formula as long as you live.
‑ 100% Survivor option. You receive reduced monthly payments, and after your death your designated beneficiary receives the SAME amount for life.
- 50% Survivor option. You receive reduced monthly payments and after your death your designated beneficiary receives 50% of the amount for life.
- Ten Year Certain and Life Annuity. You receive reduced monthly payments for your life, and if you should die before receiving 120 monthly payments, your designated beneficiary receives continued payments in the same amount until a total of 120 payments have been made. If you do not have a beneficiary when you die, benefits are paid to your estate.
If you are single and are either eligible for disability retirement or qualify as a Terminated Vested Participant, all payment options are available, except the Level Income option.
If you are married and are either eligible for disability retirement, or qualify as a Terminated Vested Participant, your benefit is automatically the 50% Survivor Benefit unless you elect any other option, with the notarized approval of your spouse.
You may change your election anytime before your income starts. However, if you request information before your income starts as to the effect of any elections, the time you have for changing your election will be extended 90 days from the date the information is furnished to you.
If You Defer Your Income
The Plan provides protection for your survivor’s benefits if you should die before your benefits begin.
The amount of benefit payment to your survivor will be equal to the amount your survivor would have received after your death if you had requested to have your pension income start on the first of the month following your death.
If you die after you have retired or left the Company and you are vested , but before your retirement benefits start, your spouse will receive a post-retirement survivor benefit. To qualify, you must be legally married to your spouse for the 12-month period before your death.
Benefits are paid to your spouse beginning on the date you would have been eligible for normal retirement benefits. If your spouse requests, benefits can be paid as early as the first day of the month following the date you would have turned age 55, or if later, the date you die.
Your spouse’s benefit is calculated as though you had survived to the date your spouse elects to begin receiving benefits and had started receiving a joint and 50% survivor annuity the day before. If you elect another payment option and die before benefits commence, survivor benefits will be paid based on the payment option elected.
If you die after your benefits have started, your survivor’s benefit will be paid according to the conditions described under “How Your Pension is Paid.”
$1,000 Post-Retirement Survivor Benefit
In addition to other benefits payable under this Plan, if you retire from active service, your spouse may receive a $1,000 lump sum payment when you die. Your spouse qualifies if you:
· Retire immediately after your service with the Company ends, or
· Retire while you are covered by a multi-employer plan to which the Company contributes.
If you are not married-or if your spouse consents in writing-you can choose to have someone other than your spouse receive this benefit. If you are single, you must designate a beneficiary in writing. If you do not have a beneficiary when you die, benefits are paid to your estate.
Spouse’s Benefits If You Die Before Retirement
If you are married and are eligible for normal or early retirement, your spouse will receive a spouse’s benefit upon your death during employment. This benefit payment will be equal to the amount your spouse would have received after your death if you had elected a full survivor option and retired on the first of the month following your death. Payments can commence on the month following death or later if desired.
If you are married and are vested but not yet 55 at the time of your death, your spouse will receive a spouse’s benefit upon your death during employment, commencing no earlier than the earliest date you could have commenced receiving benefits. This benefit payment will be equal to the amount your spouse would have received after your death if you had elected a 100% survivor option, terminated your employment and deferred receipt of benefit until age 55.
You must have been married to your spouse during the entire 12‑month period before your death for your spouse to be entitled to this benefit.
The benefit is paid in equal monthly payments for the lifetime of your spouse.
If you are employed with the Company after you reach age 65, any retirement income to which you are entitled will not be payable until your actual retirement.
Additional information concerning other aspects related to your pension including General Information, Claiming Benefits, Termination of the Plan, Administrative Details, and ERISA Rights, can be found in the Summary Plan Description.
GENERAL INFORMATION How Your Service is Calculated
types of service are important for your Retirement Plan: ‑ Eligibility Service determines when you may
participate in the Plan. ‑ Vesting Service determines when you have the
right to re- tire or terminate with benefits. ‑ Benefit Service is used in the calculation of
section, wherever “Service” is used, it includes
Eligibility, Vesting and
Benefit Service unless otherwise specified. If your
employment includes service prior to January 1, 1976, you are credited
Vesting Service and Benefit Service according to the Plan provisions
in effect prior to January 1, 1976. This
means that all the rules relating to breaks in service (including
minimum hours and length of employment) under those provisions apply to
employment up to January 1, 1976. Service
January 1, 1976 is basically credited for your continuous period of
employment. You may, however, lose
credit for service under certain conditions.
Your Service ends after one year of absence if: ‑ You are absent from active employment due to
layoff, or ‑ You have an unpaid leave of absence of over
one year and do not return to work in the time allowed, or ‑ You have an unpaid leave of absence for the
purpose of being a full‑time or part‑time union officer
employee, or for holding public office. If you
within 12 months after first becoming absent from active
any reason, the period of time you were absent is added to your
Vesting Service, but does not count for Benefit Service. If you
not vested, and you terminate employment and do not return to active
within five years after your period of Service ends, you may lose
prior service. You lose your prior
service only if your period of severance from Service equals or exceeds
of five or the number of years of service before the break. This rule is applied separately to prior
Vesting Service and Eligibility Service.
If Vesting Service is lost, all prior Benefit Service is lost at
were granted credit for past service with an acquired corporation, the
provide that such past service is lost if you incur any break in
the above rules do not apply.
Reinstatement Rule: Even if you
do lose prior Service because of the above rules, up to five years
prior Service will be reinstated upon your return to active employment. Any acquired corporation service cannot be
reinstated. How You Could Lose Your Benefits
following are circumstances any one of which may result in
ineligibility, denial, loss, forfeiture, or suspension of benefits
the summary: ‑ You fail to meet the eligibility requirements
for benefits. ‑ You leave the Company before you have a
right to your accrued benefits.
This happens if you have not satisfied the
requirements for retirement benefits or termination of employment with
benefits. ‑ You die while in employment and have not
satisfied the requirements for a spouse’s benefits
prior to your
death. ‑ If you are re‑employed by the Company while
receiving a retirement income, benefit payments will be
until your employment terminates again.
Your benefits will then be redetermined to take into account the
of the benefits you previously received.
The $1000 death benefit is payable only when you’re
retirement. Claiming Benefits
benefits, you or your beneficiary must file a claim for benefits by
the necessary forms. If you are married
and choose a payment option other than a joint and survivor option,
must sign the necessary forms and have the signature notarized. These forms may be obtained from your
Benefits Representative, who will aid you or your beneficiary in
forms. Claims Review
If your claim for benefits is denied, you
will be provided with a notice within 90 days after your
received from the Plan Administrator. It
will contain: ‑ Specific
reason for denial. ‑ Specific
reference to the Plan provision upon which the denial is
based. ‑ Description
of any additional information which is neces- sary to
perfect the claim and why this information is necessary. ‑ Explanation
of the Review Procedure described below.
If special circumstances require an
extension of up to an additional 90 days for processing of the
will be notified in advance of the extension, the nature of the special
circumstances and how soon the Plan Administrator expects to make a
If the claim has been denied, you or your
beneficiary or an authorized representative may appeal by asking for a
under the following Review Procedure: ‑ Application
for Review must be filed with the Plan Adminis- trator in
writing within 60 days after receipt of the denial notice for
purposes only. You or your beneficiary
or an authorized representative may review pertinent documents, other
legally privileged materials. The appeal
letter should state the reasons for believing the claim should be paid,
including all pertinent data. ‑ After
receiving the Application for Review, the Plan Admin- istrator may
require submission of additional material necessary and will review the
claim. A written notice of its decision
will be sent within 60 days of receipt of the appeal.
Special circumstances may delay the review
decision up to an additional 60 days for processing.
If this 60‑day extension is required, the
applicant will receive written notification in advance. ‑ If
the denial is confirmed, the notice will include the rea- sons for the
decision and reference to the specific plan provisions which are
the decision. Termination of the
The Company expects to continue the Plan
indefinitely. Future conditions,
however, cannot be foreseen, and the Board of Directors retains the
to amend or to terminate the Plan at any time and for any reason,
any applicable collective‑bargaining agreement.
Upon termination of the Plan, no assets
of the Plan shall revert to Fort James or any other member of the
Group or be used for purposes other than the exclusive purpose of
benefits to the Participants, Spouses, Joint Annuitants, and the
who have an interest in the Plan and of defraying the reasonable
administering the plan and such termination, except as otherwise
Participant shall become fully vested in
such Participant’s accrued benefit. Upon
termination of the Plan, the Trust Fund shall continue until all of its
have been distributed as provided below.
Except as otherwise provided by law, neither a Participating
any other person shall have any liability or obligation to provide
hereunder after such termination. Upon
such termination, Participants, Spouses, Joint Annuitants and
shall obtain benefits solely from assets of the Plan. Upon
termination of the Plan, its assets
shall be allocated by the Pension Review Panel on an actuarial basis
Participants, Spouses, Joint Annuitants and Beneficiaries in the manner
prescribed by law. Any residual assets
remaining after such allocation shall be distributed to the
Companies if all liabilities of the Plan to Participants, Spouses,
Annuitants and Beneficiaries have been satisfied and such distribution
further restrictions placed on highly compensated participants in the
an early termination of the Plan. FOR THE RECORD Administrative Details Name of Plan: Georgia-Pacific
Retirement Plan for Consumer
Products and Packaging Employees Plan Sponsor: Georgia-Pacific
133 Peachtree Street N.E., 14th
Atlanta, GA 30303
(404) 652-4000 Participating Employers:
are Georgia-Pacific Corporation or certain subsidiaries.
You or any beneficiary may receive, upon
written request, information as to whether a particular employer is a
participating employer and that employer’s address. Plan Administrator:
133 Peachtree Street N.E., 14th
Atlanta, GA 30303
(404) 652-4000 A Pension
Review Committee is appointed by Georgia-Pacific. The
Committee is responsible for hearing
participants’ appeals and ensuring that the administration of the
Plan is in
accordance with the provisions of the Plan. Agent for Services of Legal Process: Legal process
relating to the Plan may be served on the Plan
Administrator or the Trustee. Legal papers or summonses served on the
Administrator should be directed to:
CT Corporation System
1201 Peachtree Street,
Atlanta, Georgia 30361
(404) 888-6488 Plan Numbers:
Plan Number: ( Plan Trustee: State
Street Bank and Trust Company
State Street Financial
One Lincoln Street
Boston, MA 02111-2900 Plan Year:
January 1 through December 31. Plan Funding:
Georgia-Pacific Retirement Plan for Consumer Products and Packaging
is a defined benefit pension plan. To
provide for future pension payments, the Company makes regular
an independent Trust fund. The amount
contributed varies from year to year, depending on the recommendations
independent, accredited actuaries.
According to the terms of the Plan and Trust Agreements, all
contributions are paid directly into a Trust fund managed by State
& Trust. The Trustee invests the
assets of the fund, from which benefits are paid to Plan members and
beneficiaries. Plan Termination Insurance: Benefits under this Plan are insured by
Pension Benefit Guaranty Corporation (PBGC) if the Plan terminates. Generally, the PBGC guarantees most vested
normal age retirement benefits, early retirement benefits, and certain
disability and survivor’s pensions.
However, PBGC does not guarantee all types of benefits under
plans, and the amount of benefit protection is subject to certain
limitations. The PBGC guarantees vested
benefits at the level in effect on the date of plan termination. However, if a plan has been in effect less
than five years before it terminates, or if benefits have been
five years before plan termination, the whole amount of the
benefits or the benefit increase may not be guaranteed.
In addition, there is a ceiling on the amount
of monthly benefit the PBGC guarantees, which is adjusted periodically. For more information on the PBGC insurance
protection and its limitations, ask your Plan Administrator or the PBGC. Inquiries to the PBGC should be addressed to
the Office of Communications, PBGC, 1200 K Street, N.W.,
Washington, D.C. 20005-4026. The PBGC
Office of Communications may also be
reached by calling (202) 326-4000. Your
ERISA Rights As
of the benefit plan described in this booklet, you have certain rights
protections, as outlined in the following statement adapted from
the U.S. Department of Labor. While
want you to know what you are now guaranteed by law, we believe that
rights will continue to be protected as a matter of Company policy. In
Employee Retirement Income Security Act (ERISA) was enacted to
interests of participants and beneficiaries in employee benefit plans. ERISA provides that all plan members are
entitled to: ‑
Examine, without charge, at the Plan
Administrator's office and at other specified locations such as
worksites and union
halls, all documents governing the Plan, including a copy of the latest
report (Form 5500 Series) filed by the Plan with the U.S. Department of
and available at the Public Disclosure Room of the Employee Benefits
Administration. The above includes examination of copies of the
agreement under which Schedule 85 of this Plan is maintained. ‑
Obtain, upon written request to the Plan
Administrator, copies of documents governing the operation of the Plan,
the latest annual report (Form 5500 Series) 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
annual report. -
Obtain a statement telling you whether you have
a right to receive a pension at Normal Retirement Age (age 59
½), and if so,
what your benefits would be at normal retirement age if you stop
the Plan now. If you do not have a right
to a pension, the statement will tell you how many more years you have
to get a right to a pension. This statement must be requested in
writing and is
not required to be given more than once every twelve months. The Plan must provide the statement free of
to creating rights for Plan participants, ERISA imposes duties upon the
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 or any other
person, may fire you or otherwise discriminate against you in any way
prevent you from obtaining a benefit or exercising your rights under
ERISA. However, this rule neither
guarantees continued employment nor affects your employer’s right
to terminate your
employment for other reasons. If
your claim for a benefit is denied in whole or in part, you have the
know why this was done, to obtain copies of documents relating to the
without charge, and to appeal any denial, all within certain time
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
from the Plan and do not receive them within 30 days, you may file suit
Federal court. In such a case, the court
may require the Plan Administrator to provide the materials and pay you
$110 a day until you receive the materials, unless the materials were
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 a state or
court. In addition, if you disagree with
the Plan Administrator’s decision or lack thereof concerning the
status of a domestic relations order, you may file suit in a Federal
court. If it should happen that Plan
fiduciaries misuse the Plan's money, or you are discriminated against
asserting your rights, you may seek assistance from the U.S. Department
Labor, or you may file suit in a Federal court.
The court will decide who should pay court costs and 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. 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
under ERISA, or if you need assistance in obtaining documents from the
Administrator, you should contact the nearest area office of the
Benefits Security Administration, U. S. Department of Labor, listed in
telephone in your telephone directory or the Division of Technical
and Inquiries, Employee Benefits Security Administration, U. S.
Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may
obtain certain publications about your rights and responsibilities
by calling the publications hotline of the Employee Benefits Security