U.S.Steel Bargaining Unit Pension Agreement

Transcription

AGREEMENT FOR A PENSION PLAN
Agreement dated
between Lake Erie Works (hereinafter called "the Company") and
Local 8782, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers Intemational Union (formerly, United Steelworkers of America and
hereinafter called "the Union").
Article I - Definitions
1. "Plan" or "Pension Plan" means the "Bargaining Unit Pension Plan" set forth and
attached hereto.
2. "Basic Agreement" means the collective bargaining agreement between the parties hereto
relating to wages and other terms and conditions of employment, which may be in effect
at the particular time.
3. "Employee" or "Employees" shall have the same meaning as in the Basic Agreement
subject, however, to the definition of 'Employee' in the Pension Plan.
4. "Standing Pension Advisory Committee" (hereinafter called "the Committee") means the
pension plan committee as described in Article III hereof.
5. "Trustee" shall have the same meaning as in the Pension Plan.
6. "Pension Trust Fund" means the Pension Trust Fund established under the provisions of
Section VII of the Pension Plan.
Article II - Pension Plan
The Company's Bargaining Unit Pension Plan which became effective on December 1, 1956, as
amended to July 31, 2009, shall be further amended as of April16, 2010 so as to read in
accordance with the Pension Plan attached hereto, and thereafter the Company will provide a
Pension Plan as set fmih in the Pension Plan attached hereto for Employees as defined herein,
contingent upon and subject to obtaining and retaining the approval of the appropriate taxing
authorities and appropriate pension regulatory authority.
Article III - Administration
1. The Pension Plan shall be administered by the Company and the Union shall participate in
such administration as set out in this Article III.
2.
(a) A Standing Pension Advisory Committee will be appointed by the Company and the
Union, composed of three (3) Company representatives and three (3) Union
representatives.
(b) Representation on the Committee shall be determined in consultation between the
President of Local 8782 of the Union and the Director- Compensation and Benefits.
(c) The Committee will meet on a semi-annual basis each year. If additional meetings are
required by either party, they may be convened on two (2) weeks notice to the other party.
Documents and reports to be reviewed shall be submitted to the Committee two (2)
weeks prior to the date of the meeting. The Company will pay the reasonable expenses of
an advisor to the Union for his/her attendance at these meetings.
(d) The Committee will be responsible for:
1. Reviewing the operations of the plan.
2. Establishing forms of communications to Employees with respect to rights and
obligations of Employees and the financial status ofthe Plan.
3. Reviewing documents (including amendments and audited financial statements) filed
in compliance with government regulations applicable to the Plan.
4.
(a) Reviewing the report of the Actuary for the Plan so as to monitor the validity of
the actuarial assumptions in relation to experience.
(b) Reviewing investment experience of the Pension Trust Fund for the previous year
and the comparison of such experience with that of other pension trust funds. Two
representatives of the Company will meet with two representatives of the Union,
including one staff representative, for the purpose of reviewing the pension fund
portfolio. The Union representatives will be provided with a copy of the most
recent available listing of the investments in the Pension Trust Fund. It is
understood that this information will be provided subject to the undertaking of the
Union representatives to maintain the confidentiality of the information provided.
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(c) The Company and the Union representatives may be accompanied at the meeting
by a consultant, auditor, or other relevant specialist if requested by either party.
3. The Committee may make recommendations to the Company with respect to any
proposed changes or amendments to the ongoing administration of the Pension Plan
but shall not have the authority to amend, modifY, or alter any of the specific
provisions of the agreement.
4.
(a) Should an Employee dispute a decision with respect to entitlement to benefits
under the Plan, an appeal must be filed by the Employee in writing on the form as
detetmined by the Committee within ninety (90) days of the date of the written
decision of the Company. A copy of such appeal form shall be distributed to the
Company Works representative and the Local Union representative.
(b) Within thirty (30) days of receipt of an appeal, the Company Works and Local
Union representatives shall meet to exchange pettinent infmmation related to the
disputed claim and attempt to resolve the appeal. Appeals settled at this level shall
not constitute a precedent and shall be without prejudice to the position of either
Patty. In the event the representatives cannot reach a consensus, such appeal, other
than an appeal based on medical grounds which shall be dealt with in accordance
with the provisions of paragraph (c) herein, shall be refened to an Impartial
Person selected from the list attached hereto as Appendix 1. The expense of such
Impattial Person shall be shared equally by the Company and the Union.
(c) If the appeal is based on medical grounds, it shall be settled as follows:
(I)
(i)
A "Medical Advisor", who is a fellow ofthe Royal College of
Physician's or Surgeons (Canada) and is practicing in the medical
specialty relevant to the appeal, will be agreed upon by the
employee's attending physician and the Company Medical officer.
(ii) The Company's Medical Department will provide the Medical
Advisor with any infmmation pertinent to the appeal prior to his
determination.
(iii) The procedure designated for dealing with appeals based on medical
grounds shall be reviewed at any meeting of the Committee and may
be confirmed or amended.
(II)
The Medical Advisor shall determine and certifY whether or not the
Employee is disabled according to the terms of paragraph 2 of Section II of
the Plan.
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(III) The expense of the Medical Advisor shall be shared equally by the Company
and the Union.
(d)
Neither the Committee, the Impmiial Person, nor the Medical Advisor shall
have the authority to alter or change any of the provisions of this Agreement or
of the Plan, or to substitute any new provisions in lieu thereof, or to give any
decision contrary to the terms and provisions of this Agreement or the Plan.
Subject to the foregoing, the decision of the Impartial Person or the Medical Advisor shall be
final and binding upon the pmiies hereto and any Employee or Employees concemed.\
Article IV - General Provisions
1. It is understood and agreed that the Pension Plan shall not be made available to other persons
who are employed by U.S. Steel Canada Inc., its subsidiary or associated companies in
Canada prior to consultation with the Union.
2. No matter respecting the Plan or this Agreement or any difference arising there under shall be
subject to the grievance or arbitration procedure established in the Basic Agreement.
3. The Union agrees that, during the term of this Agreement, neither it nor its representatives
will cause or sanction a slowdown, strike, or other stoppage of or interference with work
arising out of or conducted in connection with any effort to induce modification of or
amendments or additions to the Pension Plan provided for by this Agreement or the tetms or
conditions under which its benefits are provided.
4. Nothing herein shall affect any right which the Company may have to terminate the
employment of an Employee at any time prior to the date when he must automatically retire
subject to any pension rights under the Plan.
5. Rights of Employees in the Pension Plan will substitute for all their rights under the
Company's "Pension Plan for Employees" in effect prior to December 1, 1956.
6. During the term of this Agreement, the Company will not exercise any right which it may
have under the Pension Plan to amend or terminate the Plan, as it applies to Employees as
defined herein.
Article V - Construction
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No contributions toward the cost of the Plan will be required of any Employee.
Article VI - Duration of the Agreement
The Agreement for a Pension Plan for bargaining Unit Employees shall be in effect until April
16, 2013 and shall thereafter continue for a further period of one (1) year unless during the one
hundred and ten (11 0) day period immediately preceding the expiration date, either party shall
give written notice to the other that it desires revision or termination of this Agreement at its
expiration date. Where the notice of revision is given, negotiations shall commence during the
ninety (90) day period immediately preceding the expiration date.
Signed this
For the Union:
day of
'2011.
For the Company:
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APPENDIX 1 TO AGREEMENT FOR A PENSION PLAN
APPEAL PROCEDURE- IMPARTIAL PERSONS
Union to select four.
Company to select four.
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U. S. Steel Canada Inc. Retirement Plan
for USW Local 8782 Members at Lake Erie Works
FSCO/ CRA Registration Number 0698761
Office Consolidation- Not Official Plan Text
(Incorporating Amendments 1-22. Text conformed to January 1, 2012.
The provisions of the official plan documents will apply in the event
of any difference between this consolidation and the plan documents.)
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U. S. Steel Canada Retirement Plan for USW Local 8782 Members at Lake Erie
The Stelco Inc. Bargaining Unit Pension Plan for Lake Erie Works Members of United
Steelworkers of America (the "Plan") was established on August 1, 1993 to provide pension
benefits to employees of the Company who are members of United Steelworkers of America
employed at the Lake Erie Works Plant. The Plan is a successor to the Stelco Inc.
Bargaining Unit Pension Plan for Members of United Steelworkers of America (the "Prior
Plan") as the Prior Plan applied to employees of the Company who were employees of the
Lake Erie Works Plant of the Company prior to August 1, 1993 and former employees of
the Lake Erie Works Plant of the Company who were members of United Steel Workers of
America, and continues the benefits of the Prior Plan in force without change with respect
to such employees, former employees and as to new employees. The benefits shall include
all increases in pension provided under Section X of the Prior Plan, as attached as
Appendix I hereto.
Effective July 1, 1996, Stelco Inc. sold the business formerly carried on by its Lake Erie
Works Unit to Lake Erie Steel Company Ltd. As of such date, the employment of
Employees under the Plan was transferred to Lake Erie Steel Company Ltd. and Lake Erie
Steel Company Ltd. assumed responsibility as the sponsor and administrator of the Plan.
Benefits of the Plan in force on June 30, 1996 continued without change with respect to
employees and former employees of the Lake Erie Works Unit of Stelco Inc. as at June 30,
1996. As of July 1, 1996, the name of the Plan was changed to Lake Erie Steel Company
Ltd. Bargaining Unit Pension Plan for Members of United Steelworkers of America.
Effective January 1, 1999, Lake Erie Steel Company Ltd. and Stelco Inc. were
amalgamated. On and after that date Stelco Inc. assumed responsibility as the sponsor and
administrator of the Plan. Benefits of the Plan in force on January 1, 1999 continue
without change with respect to employees and former employees of Lake Erie Steel
Company Ltd. as at December 31, 1998. As of January 1, 1999, the name of the Plan is
changed to Stelco Inc. Bargaining Unit Pension Plan for Lake Erie Steel Company
Members of United Steelworkers of America.
Effective March 31, 2006, pursuant to the Order of Farley J. of the Ontario Superior Court
of Justice dated February 14, 2006 approving the Canada Business Corporations Act
arrangement (the "CBCA Arrangement"), Stelco Inc. granted, transferred, conveyed,
assigned and set over certain specified assets to Lake Erie Steel GP Inc. (the "GP") as the
general partner of the Lake Erie Steel Limited Partnership (the "LP"), and the GP, for and
on behalf of the LP, became a successor employer in respect of certain employees of Stelco
Inc. who are members of the Plan. Stelco Inc. and the GP, as general partner of and on
behalf of the LP, entered into a Participating Employer Agreement dated March 31, 2006
under which the GP became a participating employer in the Plan.
Effective October 31, 2007, in connection with the acquisition of Stelco Inc. by an indirect
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wholly owned subsidiary of United States Steel Corporation pursuant to an arrangement
completed under the provisions of the Canada Business Corporations Act, (i) articles of
amendment were filed to change the name of Stelco Inc. to U.S. Steel Canada Inc. and the
GP and LP were dissolved. The name of the Plan was accordingly changed to U. S. Steel
Canada Inc. Retirement Plan for USW Local8782 Members at Lake Erie Works.
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Table of Contents
Section I - Definitions ..................................................................................................................... 1
Section II- Eligibility For Pensions Or DefelTed Life Annuities ................................................. 11
Section III- Amount Of Pension Or DefeiTed Life Annuity ......................................................... 14
Section IV - Joint And Survivorship Pension ............................................................................... 22
Section V - Death Benefits ............................................................................................................ 24
Section VI - Transfers Between The Company's Pension Plans ................................................... 26
Section VII- Pension Trust ........................................................................................................... 28
Section VIII - Administration Of The Plan ................................................................................... 29
Section IX- Amendment, Modification Or Termination Of The Plan ......................................... 30
Section X- General Provisions ..................................................................................................... 31
Section XI- Construction ............................................................................................................. 35
Appendix I .................................................................................................................................... 36
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U. S. Steel Canada Inc. Retirement Plan for USW Local 8782 Members at Lake Erie Works
Office Consolidation- Text conformed to January I, 2012
Section I - Definitions
The following words and phrases as used herein have the following meanings, unless a different
meaning is plainly required by the context:
1.
"Actumy" means a person or firm retained by the Company who is, or one of whose
employees is, a Fellow ofthe Canadian Institute of Actuaries.
2.
"Actuarial Equivalent" means a pension of an actuarially equivalent value computed using
actuarial tables and such other methods and assumptions as may be adopted by the
Company on the recommendation of the Actuary for the purposes of the Plan, subject to any
requirements of the Pension Benefits Act.
3.
"Commuted Value" means, in relation to benefits that a person has a present or future
entitlement to receive, a lump sum amount which is the actuarial present value of those
benefits computed at the rate of interest and using the actuarial tables adopted by the
Company on the recommendation of the Actuary, subject to the requirements of the Pension
Benefits Act and the Income Tax Act.
4.
"Company", for the period prior to July 1, 1996 and on and after January 1, 1999, means
Stelco Inc. and, for the period between July 1, 1996 and December 31, 1998, means Lake
Erie Steel Company Ltd. On and after October 31, 2007, "Company" means U.S. Steel
Canada Inc.
5.
"Continuous Service" means the period of complete calendar months (expressed as
twelfths of a year) of service with the Company, calculated from the later of the date of
employment or the date of re-employment, including any period of lay-off, any period of
tempormy suspension of Employment, and, on and after June 2, 2003, any work-term
periods at the Lake Erie plant while emolled at a Community College provided the
individual graduates from the Community College and is hired by the Company into its
Apprenticeship Training Program.
6.
"Credited Service" means:
(a)
The period of complete calendar months (expressed as twelfths of a year) of service
with a Participating Employer, calculated from the later of the date of employment
or the date of re-employment or commencement of work following the last break in
service, if any, and shall include:
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U.S. Steel Canada Inc. Retirement Plan for USW Local 8782 Members at Lake Erie Works
Office Consolidation- Text conformed to January 1, 2012
(i)
any period during which the Employee was absent from work at a time
prescribed by the Participating Employer on a vacation to which he was
entitled;
(ii)
any period not exceeding twelve (12) consecutive calendar months during
the whole of which the Employee was absent from work by reason of
Total Disability not compensable under the Worker's Compensation Act or
similar law in any province;
(iii)
any period during the whole of which the Employee was absent from work
by reason of lay-off for lack of work where such lay-off commenced on
and after April16, 2010. The maximum amount of Credited Service to be
included for any period of lay-off pursuant to this subsection (iii) shall be
limited to twelve (12) consecutive calendar months from the
commencement of any lay-off for lack of work; and
(iv)
any period of maternity, parental leave or other statutory leave to the
extent required under the Employment Standards Act or similar law in any
provmce.
Credited Service shall not include any calendar month during the whole of which
the Employee was absent from work for any other reason. Service with any
predecessor company designated by the Company shall be included as well as
service with a Participating Employer; and
(b)
Credited Service shall be broken and no service prior to such break shall be
credited (whether prior or subsequent to the Effective Date) by:
(i)
resignation or other voluntary termination of employment,
(ii)
lay-off for lack of work, where such lay-off commenced prior to April 16,
2010;
(iii)
lay-off for lack of work, where such layoff commenced on or after April
16, 2010, such break in Credited Service to be effective on the first day of
the calendar month of any lay-off which has continued for a period beyond
twelve (12) consecutive calendar months;
(iv)
discharge or other termination of employment by the Participating
Employer,
(v)
absence due to a Total Disability as follows:
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(A)
in the case of any such absence which began prior to August 1,
1990 for the applicable period in accordance with the appropriate
provision of the Prior Plan in effect at the beginning of such absence;
or
(B)
in the case of any such absence which began on or after August 1,
1990 for
(I)
(II)
more than twenty-four (24) months in the case of an
Employee with less than two (2) years Credited Service at the
beginning of such absence;
more than thirty (30) months in the case of an Employee
with two (2) years but less than three (3) years Credited Service
at the beginning of such absence;
(III)
more than thirty-six (36) months in the case of an
Employee with three (3) years but less than four (4) years
Credited Service at the beginning of such absence;
(IV)
more than forty-two (42) months in the case of an
Employee with four (4) years but less than five (5) years
Credited Service at the beginning of such absence; and
(V)
more than forty-eight (48) months in the case of an
Employee with five (5) or more years of Credited Service at the
beginning of such absence; or
(C)
in the case of any such absence which began on or after August 1,
1972 due to a Total Disability compensable under the Worker's
Compensation Act or similar law in any province, for more than
sixty (60) months in the case of an Employee with ten (10) or more
years of Credited Service at the beginning of such absence; or
(D)
in the case of any such absence which began on or after January 2,
1990 due to a Total Disability compensable under the Worker's
Compensation Act or similar law in any province, for more than
twelve (12) months in the case of an Employee with less than ten
( 10) years of Credited Service at the beginning of such absence;
provided that in the cases referred to in items (ii), (iii) and (iv) of this
paragraph (i) absence in excess of such periods due to a tempormy Total
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Disability compensable under the Worker's Compensation Act or similar law
in any province shall not be deemed to have caused a break in service if the
Employee retums to work within thirty (30) days after termination ofweeldy
compensation payments in respect of such disability. In the case of an
absence due to such compensable disability, an Employee who reports to
work within thirty (30) days as above provided or, if the Employee shall
become eligible for Weeldy Indemnity Benefits under the Participating
Employer's Group Insurance Program within such thirty (30) days, shall be
given service credit for such compensable absence.
(c)
(vi)
Failure to retum to work at the termination of a leave of absence or
extension thereof sanctioned in writing by the Participating Employer;
(vii)
Being absent for more than the number of days specified in the Basic
Agreement without notifying the Participating Employer, or without a
justifiable excuse; and
Notwithstanding the above, the Credited Service of an Employee immediately
before a break in service shall be included in Credited Service if service was
broken by lay-off for lack of work:
(i)
commencing on or after August 1, 1990 and the Employee,
(E)
having less than two (2) years of Credited Service at the time of
lay-off, is rehired within twenty-four (24) months;
(F)
having two (2) years but less than three (3) years of Credited
Service at the time of lay-off, is rehired within thiliy (30) months;
(G)
having three (3) years but less than four (4) years of Credited
Service at the time of lay-off, is rehired within thiliy-six (36)
months;
(H)
having four (4) years but less than five (5) years of Credited
Service at the time oflay-off, is rehired within fmiy-two (42)
months;
(I)
having five (5) or more years of Credited Service at the time oflayoff, is rehired within forty-eight (48) months;
or
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Office Consolidation- Text confotmed to January 1, 2012
(ii)
commencing prior to August 1, 1990 and the Employee was rehired within
the applicable period in accordance with the appropriate provision of the
Plan in effect at the time of such rehiring; provided, in all cases, that the
Employee complied with the Patiicipating Employer's requirements
regarding recall; and
(d)
Credited Service for an Employee who is employed on a less than full-time basis
in accordance with paragraph 8. of Section I will be determined for each Plan
Year by multiplying the period of complete calendar months (expressed as
twelfths of a year) of service determined as otherwise specified under this
paragraph 6, by the ratio of such Employee's actual hours worked during the Plan
Year to the hours regularly scheduled to be worked by full-time Employees, and
(e)
Notwithstanding the above, for a Qualified Employee who, on or after June 2,
2003, spent one or more paid work-term periods at the Lake Erie plant while
enrolled at a Community College, graduated from the Community College and
was subsequently hired by the Participating Employer into its Apprenticeship
Training Program, Credited Service shall include Continuous Service in respect of
such work-term periods, and
(f)
On and after March 31, 2006 and subject to Section VI, Credited Service shall not
include any period during which the Employee has accrued Credited Service in
another registered pension plan sponsored by a Patiicipating Employer or Limited
Pmiicipating Employer, and
(g)
Notwithstanding this definition of Credited Service, the Credited Service of an
Employee who returns to active employment upon the ratification of the new
collective agreement on April16, 2010, shall include the period of the lock-out
that commenced on August 3, 2009, and
Notwithstanding the foregoing definition of Credited Service, the total periods of absence
included in the Credited Service of an Employee, excluding periods of Total Disability,
shall not, on and after January 1, 1991, exceed in the aggregate, five (5) years of full-time
equivalent employment plus an additional three (3) years of full-time equivalent
employment in respect of maternity or parental leaves which are within the 12 month
period which commences at the time of the birth or adoption of a child, in accordance
with the limits permitted under the Income Tax Act.
7.
"Effective Date" means August 1, 1993.
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8.
"Employee" means any person, hired prior to April 16, 2010, who is regularly employed by
a Pmiicipating Employer and who is represented by a Union with which a Pension Plan
Agreement has been executed, or who is a member of a group of persons to whom the
benefits of the Plan have been made available by a Participating Employer. No person
employed on a temporary or casual basis shall be considered as regularly employed.
"Employee" includes any person described above who is regularly employed by a
Pmiicipating Employer on a part-time basis and who:
(a)
has eamed at least thirty-five (35) percent of the YMPE; or
(b)
has 700 hours of employment with the Company,
in each of two (2) consecutive calendar years immediately prior to membership in the
pension plan.
It is understood that, for the period prior to July 1, 1996 the person must be employed by
the Company at the Lake Erie Works Unit. For the period from July 1, 1996 to December
31, 1998, the person must be employed by the Company at the Lake Erie Steel Company
Ltd. For the period from January 1, 1999 to March 31, 2006, the person must be
employed by the Stelco Inc. at the Lake Erie Steel. For the period on and after March 31,
2006, the person must be employed by a Pmiicipating Employer at the Pmiicipating
Employer's Lake Erie location. "Employee" excludes a person employed at the Pickle
Line Department ofLake Erie Works on and after April28, 2008.
For greater cetiainty, no person hired by a Pmiicipating Employer on or after April16, 2010
shall be an Employee for purposes of the Plan.
9.
"Income Tax Act" means the Income Tax Act, Statutes of Canada and the Regulations
thereunder, and where applicable includes the provisions of Information Circular 72-13R8
issued by the Department ofNational Revenue, as amended or replaced from time to time.
10.
"Normal Retirement Date" means the last day of the calendar month in which the
Employee attains the age of sixty-five (65) years.
11.
"Participating Employer" means the Company, and any affiliated company designated by
the Company to pmiicipate in the Plan who enters into a Pmiicipating Employer Agreement
with the Company. For the period commencing March 31, 2006 and ending on October 31,
2007, Lake Erie GP Inc., as general partner of and on behalf of the Lake Erie Steel Limited
Pminership, is a pmiicipating employer.
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U.S. Steel Canada Inc. Retirement Plan for USW Local8782 Members at Lake Erie Works
12
"Pension Benefits Act" means the Pension Benefits Act, R.S.O. 1990 of Ontario, and the
Regulations thereunder, as amended or replaced from time to time.
13.
"Pensioner" means an Employee who has retired and is entitled to receive a pension under
this Plan.
14.
"Plan" means this Bargaining Unit Pension Plan for Lake Erie Steel Members of USW
Local 8782, as amended or modified from time to time. On an after October 31, 2007,
"Plan" means this U. S. Steel Canada Inc. Retirement Plan for USW Local 8782
Members at Lake Erie Works.
15.
"Plan Year" means, initially, the period from August 1, 1993 to December 31, 1993 and
thereafter means the calendar year.
16.
"Pension Plan Agreement" means the agreement between a Participating Employer and
Local 8782 of United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, with respect to this Plan and any
similar agreement with another Union Local or Union, providing for the application of this
Plan to the Employees represented by such Union.
17.
"Spouse" means, at the time a determination of marital status is required:
(a)
a person of the opposite sex to whom the Employee is legally married, provided the
Employee is not living separate and apart from that person, or
(b)
a person of the opposite sex or of the same sex to whom the Employee is not legally
matried but the Employee and that person have lived together in a conjugal
relationship,
(i)
continuously for a period of at least three (3) years, or
(ii)
in a relationship of some permanence, if they are the natural or adoptive
parents of a child, both as defined in the Family Lmv Act of Ontario.
18.
"Total Disability" means a disability throughout which the Employee is physically or
mentally impaired so that he is prevented from performing the duties of employment in
which he was engaged prior to the impairment and which is certified, in writing, by a
medical doctor licensed in Canada or where the Employee resides.
19.
"YMPE" means, in respect of any Plan Year, the Year's Maximum Pensionable Earnings as
defined under the Canada Pension Plan.
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20.
"Basic Rate" means the amount which is set forth below, which amount shall depend
upon the date upon which the Employee retires:
Amount
Retirement Date
$52.00
On and after August 1, 2000 and on or before July 31, 2001
$54.00
$56.00
On and after August 1, 2002 and on or before July 31,2003
$58.00
On and after August 1, 2003.
Notwithstanding the foregoing, the Basic Rate for Pensioners who retired between August
1, 1996 and July 31, 1997, and Joint Annuitants with such Pensioners, shall be $37.444
effective August 1, 1997.
1, 2002 and July 31, 2003, and Joint Annuitants of such Pensioners, shall be $57.288,
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1, 2003 and July 31, 2004 and Joint Annuitants with such Pensioners, shall be $59.16,
Notwithstanding the foregoing, the Basic Rate for pensioners who retired between August
1, 2004 and July 31, 2005 and Joint Annuitants with such Pensioners, shall be $58.754,
Notwithstanding the foregoing, the Basic Rate for Pensioners who retired between
August 1, 2005 and July 31, 2006, and Joint Annuitants with such Pensioners, shall be
$59.30, effective August 1, 2006.
21.
"lronmaking Basic Rate" means the amount which is obtained when the Basic Rate is
multiplied by 0.2.
22.
"lronmaking Service" means such portion of an Employee's period of Continuous Service
during which he was petmanently assigned to the h'onmaking Division of Hilton Works.
This provision shall apply to any Employee who was permanently assigned to:
(a)
the Blast Fumace Department, and
(b)
the Coke Oven Department, and
(c)
the Raw Materials Department, and
(d)
the Ironmaking Electrical Department, and
(e)
the h'onmaking Mechanical Department, and
(f)
the Division 6 Electrical Department on permanent assignment in the h'onmaldng
Division, and
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(g)
the Division 6 Mechanical Depatiment on work assignment in the Ironmaking
Division through the advice notice procedure as outlined in the Mechanical
Seniority Agreement, but only for the duration of such assignment, and
(h)
the Utilities Department who was not assigned to work outside of the Ironmaking
Division.
23.
"lronmaking Supplemental Rate" means the amount which
Supplemental Rate is multiplied by 0.2.
24.
"Qualification Service" means the sum of:
(a)
the Employee's Credited Service; and
(b)
the mnount which is obtained when the Employee's Ironmaking Service is
multiplied by 0.2; and
(c)
an Employee's period of employment with the Company, during which the
Employee accmed Credited Service in another registered pension plan sponsored by
the Company which would, but for this section, not otherwise be included in
Qualification Service.
25.
"Supplemental Rate" means the amount which is set fmih below, which amount shall
depend upon the date upon which the Employee retires:
26.
IS
obtained when the
Amount
Retirement Date
$24.00
$25.00
$26.00
On and after August 1, 2002 and on or before July 31,2003
$30.00
On and after August 1, 2003
"Limited Participating Employer" means any affiliated company designated by the
Company as a Limited Participating Employer. For the period commencing March 31,
2006 and ending December 14, 2007, Hamilton Steel GP Inc., as general partner of
Hamilton Steel Limited Partnership, is a Limited Participating Employer.
The masculine pronoun wherever used herein shall include the feminine pronoun, and the singular
shall include the plural, unless a different meaning is plainly required by the context.
Page 10 of 58
Section II- Eligibility For Pensions Or Deferred Life Annuities
1.
Retirement
(a)
Normal Retirement - An Employee may retire from the service of the
Pmiicipating Employer on his Normal Retirement Date or on the last day of any
subsequent month but an Employee who has not theretofore retired shall be
deemed to have retired on the last day of the calendar year in which he attains age
seventy-one (71) years, or such other date as permitted by the Income Tax Act. An
Employee who retires on or after his Normal Retirement Date and who on such
actual retirement or such deemed retirement has at least two (2) years of
Qualification Service shall be eligible to receive a pension as provided herein.
(b)
Emly Retirement
An Employee who has attained age sixty (60) years and who has at least ten (10)
yems of Qualification Service, or who has attained age fifty-five (55) years and
whose combined years of age (to the nemest twelfth of a yem) and yems of
Qualification Service (to the nemest twelfth of a yem) total eighty-five (85) or more,
or who has attained thirty (30) years of Qualification Service may elect to retire
from the service of the Participating Employer on the last day of any calendm month
before his Normal Retirement Date, and an Employee who so elects shall be eligible
to receive a pension as provided herein.
(c)
Special Emly Retirement
An Employee who has attained age fifty-five (55) years and has at least ten (10)
yems of Qualification Service may be retired from the service of the Participating
Employer at the option of the Participating Employer or at the request of the
Employee with the consent of the Participating Employer on the last day of any
calendar month before his Normal Retirement Date and shall be eligible to receive a
pension as provided herein. Nothing herein contained shall be deemed to restrict the
right of the Participating Employer to discharge any such Employee at any time and
any such termination of employment shall not constitute special em·ly retirement nor
make such Employee eligible to receive any pension hereunder.
2.
Permanent And Total Disability
An Employee who shall become permanently and totally disabled before attaining age sixtyPage 11 of 58
Office Consolidation- Text conformed to Januaty I, 2012
five (65) years and who has at least ten (10) years of Qualification Service shall become
eligible to receive a disability pension as provided herein. An Employee shall not be
considered as petmanently and totally disabled unless:
(a)
such Employee is permanently and totally disabled by bodily injury or disease so as
to be wholly prevented from engaging in any occupation or employment whatsoever
for remuneration or profit;
(b)
such disability will be continuous during the remainder of his life;
(c)
such disability was not contracted, suffered or received while he was engaged in, or
did not result from his having engaged in, any service, occupation or employment
for remuneration or profit other than with the Participating Employer, or m a
felonious criminal enterprise; and
(d)
such disability was not the result of an intentionally self-inflicted injury;
nor unless the Company shall have received a written certified opinion of a qualified
physician licensed in Canada or where the Employee resides and selected by, or satisfactory
to, the Company upon each of such items and also specifYing the date upon which such
disability commenced and the date (which need not be the same) when such disability was
established by the physician. An Employee who has become eligible to receive a pension
pursuant to this paragraph 2 shall receive such pension only so long as his petmanent and
total disability continues. The Company shall have the right to verity the continued
existence of such permanent and total disability at reasonable times prior to the Pensioner's
attaining age sixty-five (65) years, and should the Pensioner refuse to submit at the request
of the Company to examination by such qualified physician selected by the Company, his
pension shall be discontinued until he submits to such examination. No break in service
shall result from absence while in receipt of a disability pension.
Notwithstanding the foregoing, should the petmanent and total disability cease after n01mal
retirement date, the disability pension shall continue for the life of the Member.
3.
Termination Of Service
If an Employee ceases to be an Employee (otherwise than by death) in circumstances which
do not entitle him to a pension under paragraphs 1 or 2 of this Section II or if an Employee
ceases to be an Employee under circumstances which entitle him to a pension under
paragraph 2 of this Section II and thereafter becomes ineligible to receive such pension and
does not again become an Employee and if such Employee on the date on which he ceases
to be an Employee has at least two (2) years of Continuous Service, he shall be entitled in
Page 12 of 58
respect of his Qualification Service to a deferred life annuity commencing on the first day of
the month next following his Nmmal Retirement Date, the amount of such deferred life
annuity to be detetmined in accordance with paragraph 1(e) of Section III.
4.
Applications For Pensions
An Employee who is about to retire on pension shall give notice thereof and make written
application for his pension at least thirty (30) days before his retirement. No payment of
retirement pension shall be made before the first day of the month next following his
retirement. Each such notice and application shall be on a form or forms provided by the
Company and shall be filed in such manner and with such person as the Company shall
specify. The Company may require that there be fumished to it all information pe1iinent to
the applicant's eligibility for a pension and to a determination of the amount thereof
Page 13 of 58
U. S. Steel Canada Inc. Retirement Plan for USW Local8782 Members at Lake Erie Works
Section III -Amount Of Pension Or Deferred Life Annuity
1.
Dete1mination Of Amount
(a)
Retirement At Or After Nmmal Retirement Date
The monthly pension payable for life to an Employee eligible for pension hereunder
who retires on or after his Normal Retirement Date shall be the sum of:
(1)
the Normal Pension which shall be:
(a)
For Credited Service
the Basic Rate multiplied by the Employee's Credited Service;
PLUS
(b)
For Ironmaking Service
the Ironmaking Basic Rate multiplied by the Employee's Ironmaking
Service;
provided that such Normal Pension shall not exceed the amount which is
obtained when the Basic Rate is multiplied by forty (40);
(2)
the Supplemental Pension which shall be the excess, if any, of:
(a)
For Credited Service
the Supplemental Rate multiplied by the Employee's Credited
Service;
PLUS
(b)
For Ironmaking Service
the Ironmaking Supplemental Rate multiplied by the Employee's
Ironmaking Service,
OVER
(c)
the sum of:
(i)
the amount dete1mined as at the date of retirement of the
Page 14 of 58
(ii)
monthly pension under the Old Age Security Act or any
similar legislation of Canada or any province thereof to
which the Employee or fotmer Employee is entitled in
respect of the same month;
PLUS
the amount detetmined as at the date of retirement of any
benefit under the Canada Pension Plan or any provincial
pension plan to which the Employee or fotmer Employee is
entitled in respect of the same month or would be so entitled
if no deduction were made fi·om such benefit on account of
earnings from employment, provided that the offset in this
clause (c)(ii) shall apply for any month after the Employee's
attainment of age 65 and shall apply for any month prior to
the Employee's attainment of age 65 only when such
Employee is in receipt of a Canada Pension Plan disability
benefit and does not have thirty (30) years or more of
Qualification Service at retirement;
provided that such Supplemental Pension shall not exceed the amount which
is obtained when the Supplemental Rate is multiplied by thirty (30).
The first monthly pension payment shall be made on the first day of the month next
following the month in which the Employee retires.
(b)
Early Retirement
If an Employee becomes eligible for a pension by reason of early retirement under
the provisions of paragraph 1(b) of Section II, his pension shall be computed in
accordance with subparagraph (a) of this paragraph 1 and shall commence on the
first day of the calendar month next following the month in which the Employee
retires or on the first day of the month next following the month in which the
Employee attains age sixty-two (62) years, whichever is later. In lieu of such
defened pension at age sixty-two (62) years, an Employee who retires prior to
attaining age sixty-two (62) years may elect to have a smaller immediate pension to
commence on the first day of the month next following the month in which his early
retirement occuned, in which event the amount of such immediate pension shall be
the amount of such defened pension at age sixty-two (62) years reduced by the
percentage obtained by multiplying 0.5% by the number of complete calendar
months between the date of retirement and the Employee's sixty-second (62nd)
birthday, provided, however, that such reduction shall not apply in the case of an
Employee who has thirty (30) or more years of Qualification Service. Provided,
Page 15 of 58
Office Consolidation- Text conformed to Januaty 1, 2012
further, that in the case of an Employee who has not completed at least thirty (30)
years of Continuous Service, the Nmmal Pension payable under subparagraph (a)(I)
of this paragraph 1 in respect of service on and after January 1, 1992 shall be
reduced by 1/4 of 1% for each month by which the pension commencement date
precedes the earliest of the date on which the Employee attains age sixty (60), or the
combination of his age and Continuous Service totals at least eighty (80), or he
completes thirty (30) years of Continuous Service.
Provided, however, that in no event shall the Supplemental Pension payable under
subparagraph (a)(2) of this paragraph 1 exceed the total actual or estimated amount
of Canada Pension Plan and Old Age Security benefits which the Employee would
receive if he were age sixty-five (65) on the date of pension commencement. In the
event a Supplemental Pension becomes payable to an Employee who has not
attained age sixty (60), the Supplemental Pension shall not exceed an amount equal
to the sum of (i) the total of such actual or estimated Canada Pension Plan and Old
Age Security benefits multiplied by the ratio of the Employee's Credited Service
before January 1, 1992 to his total Credited Service, and (ii) the total of such actual
or estimated Canada Pension Plan and Old Age Security benefits multiplied by the
ratio of the Employee's Credited Service on and after January 1, 1992 to his total
Credited Service reduced by 1/4 of 1% for each month between the date of
retirement and the date on which the Employee's sixtieth (60th) birthday will occur.
(c)
Special Early Retirement
If an Employee becomes eligible for a pension under the provisions of subparagraph
1(c) of Section II by reason of special early retirement as therein provided which
does not include discharge, his pension shall be computed in accordance with
subparagraph (a) of this paragraph 1, except that in the case of an Employee who
has not attained age sixty (60), or whose combination of age and Continuous
Service totals less than eighty (80), or who has not completed at least thirty (30)
years of Continuous Service, the Normal Pension payable under subparagraph (a)(I)
of this paragraph 1 in respect of service on and after January 1, 1992 shall be
reduced by 114 of 1% for each month by which the pension commencement date
precedes the earliest of the date on which the Employee attains age sixty (60), or the
combination of his age and Continuous Service totals at least eighty (80), or he
completes thirty (30) years of Continuous Service.
Provided further that in no event shall the Supplemental Pension payable under
subparagraph (a)(2) of this paragraph 1 exceed the total actual or estimated amount
of Canada Pension Plan and Old Age Security benefits which the Employee would
receive if he were age sixty-five (65) on the date of pension commencement. In the
Page 16 of 58
Office Consolidation- Text conformed to January I, 20 I 2
event a Supplemental Pension becomes payable to an Employee who has not
attained age sixty (60), the Supplemental Pension shall not exceed an amount equal
to the sum of (i) the total of such actual or estimated Canada Pension Plan and Old
Age Security benefits multiplied by the ratio of the Employee's Credited Service
before January 1, 1992 to his total Credited Service, and (ii) the total of such actual
or estimated Canada Pension Plan and Old Age Security benefits multiplied by the
ratio of the Employee's Credited Service on and after January 1, 1992 to his total
Credited Service reduced by 1/4 of 1% for each month between the date of
retirement and the date on which the Employee's sixtieth (60th) birthday will occur.
Such pension shall commence on the first day of the month next following the
month in which the Employee retires.
(d)
Permanent And Total Disability
If an Employee becomes eligible for a pension by reason of disability under the
provisions of paragraph 2 of Section II, his pension shall be computed in accordance
with subparagraph (a) of this paragraph 1 provided, however, that the pension
payable to such Employee for any month shall not be less than Seven Hundred and
Fifty Dollars ($750.00).
Notwithstanding the foregoing, in no event shall the lifetime pension payable to
such Member under this subparagraph (d) exceed the lesser of:
(i)
the amount determined under subparagraph (a) of this paragraph 1 without
reduction, and
(ii)
the lesser of:
A.
the projected Normal Pension the Employee would have otherwise
accrued under the Plan to his Normal Retirement Date, calculated
based on past and future years of Credited Service, and
B.
the YMPE in the year of such disability pension commencement.
The first monthly payment of a disability pension shall be made after due
application therefor on the first day of the month next following the month
in which occurs the later of:
(1)
the date on which it was established that the Employee's disability is
petmanent and total; and
Page 17 of 58
(2)
(e)
if the disability was compensable under the Worker's Compensation
Act or similar law in any province, the date when the Board or body
administering such law commences compensation for a permanent
disability rather than a temporary disability.
Tetmination Of Service
If a former Employee becomes eligible for a defen-ed life annuity under the
provisions of paragraph 3 of Section II by reason of termination of service, his
monthly defen-ed life annuity shall be the Nmmal Pension and shall commence on
the first day of the calendar month next following the month in which such fmmer
Employee attains age sixty-five (65) years. In lieu of such defen-ed life annuity, a
fmmer Employee who has attained age fifty-five (55) years but has not attained age
sixty-five (65) years may elect to have a smaller immediate life annuity to
commence on the first day of any month before he attains age sixty-five (65) years
in which event such immediate life annuity shall be such defen-ed life annuity
reduced by the percentage obtained by multiplying 0.5% by the number of complete
calendar months between the date of commencement of such immediate life annuity
and such former Employee's sixty-fifth (65) birthday.
(:f)
Pensions And Annuities Payable Hereunder
All pensions and annuities payable hereunder shall be paid from the funds of the
Pension Trust established pursuant to Section VII hereof.
2.
Maximum Benefit
(a)
Service From January 1, 1992
(1)
Notwithstanding any other prov1s10n of this Plan, the annual lifetime
pension payable under the Plan for pensionable service on and after January
1, 1992 in respect of any Employee at the date of pension commencement,
including any amount paid out to the Employee's Spouse on man-iage
breakdown pursuant to paragraph 7 of Section X, as the case may be, shall
not exceed the lesser of:
(i)
2% of the Employee's highest average indexed compensation, as
defined under the Income Tax Act, in any three (3) non-overlapping
periods of twelve (12) consecutive months for each year of
pensionable service on and after January 1, 1992; or
Page 18 of 58
(ii)
$1,722.22, or such greater amount petmitted under the Income Tax
Act, multiplied by the Employee's years of pensionable service on
and after January 1, 1992;
reduced by 1/4 of 1% for each month by which the pension commencement
date precedes the earliest of the date on which the Employee would attain
age sixty (60), or the combination of his age and Continuous Service would
total at least eighty (80), or he completes thirty (30) years of Continuous
Service.
(2)
(3)
(b)
Notwithstanding any other provision of this Plan, the total of the annual
lifetime pension and any additional pension payable up to the Employee's
Normal Retirement Date for pensionable service on and after Januruy 1,
1992 under the Plan shall in no event exceed the sum of:
(i)
$1,722.22, or such greater amount petmitted under the Income Tax
Act, multiplied by the Employee's years of pensionable service on
and after Januruy 1, 1992; and
(ii)
1/35th of the Employee's Canada Pension Plan benefit multiplied by
his years of pensionable service on and after January 1, 1992 not
exceeding thirty-five (35) years.
The aggregate increase in pensions payable under the Plan after an
Employee's pension commencement date in respect of pensionable service
on and after January 1, 1992 shall not exceed the percentage increase in the
Consumer Price Index from the Employee's pension commencement date.
Service Before January 1, 1992
(1)
Notwithstanding any other provtston of this Plan, the annual pension
payable under the Plan and any other registered plan of a Participating
Employer for pensionable service prior to Januruy 1, 1992 in the normal
fotm of payment in respect of any Employee at retirement, tetmination of
employment or termination of the Plan, including any amount paid out to the
Employee's Spouse on marriage breakdown pursuant to paragraph 7 of
Section X, shall not exceed the lesser of:
(i)
2% of the average of the Employee's three (3) consecutive years'
remuneration from a Pruiicipating Employer, multiplied by the
Page 19 of 58
period of the Employee's pensionable service before Janumy 1, 1992,
not exceeding thirty-five (35) years; and
(ii)
$1,715 multiplied by the Employee's period of pensionable service
before Janumy 1, 1992, not exceeding thirty-five (35) years.
This provision shall not apply to annual pension benefits of $300 or less per
year of pensionable service.
It is further provided that the cost of an emly retirement pension in respect of
service before January 1, 1992 computed pursuant to subparagraphs 1(b) and
1(c) of Section III may in no event exceed the value of the maximum benefit
dete1mined under the foregoing provisions of this subpmagraph (b)(1 ),
commencing at age sixty (60) and payable as a single life annuity guaranteed
for ten (1 0) yem·s for an Employee with no Spouse at retirement or as a life
annuity with a 60% surviving spouse pension for an Employee with a
Spouse at retirement.
(2)
3.
Any increase in pensions payable under the Plan after an Employee's
retirement in respect of pensionable service before Janumy 1, 1992 shall be
subject to the following limitations:
(i)
for each Pensioner not yet age sixty (60), the increased pension
payable will not exceed the maximum pension specified under
subparagraph (b)(1) ofthis paragraph 2, and
(ii)
for each Pensioner who has attained age sixty (60) or Joint
Annuitant, the increased pension payable will not exceed the
maximum pension specified in subpm·agraph (b)(1) of this paragraph
2 adjusted for any increase in the Consumer Price Index since the
later of the Employee's date of retirement or termination of
employment or attainment of age 60.
Pension Adjustment
In no event shall the benefit in any calendm year accmed to a Member under pm·agraph 1(a)
of this Section III result in a pension adjustment greater than that pe1mitted under the
Income Tax Act.
Page 20 of 58
4.
Monthly Payment And Duration Of Pension Or Annuity
(a)
Notwithstanding anything herein contained, no pension or annuity shall be payable
hereunder in respect of any month during which a Pensioner receives any weekly
indemnity benefit under a Participating Employer's Group Insurance Program.
(b)
Each pension or annuity payable hereunder shall be paid in equal monthly payments,
the final payment of such pension or annuity being made on the first day of the
month in which the death of the Pensioner or former Employee occurs. Any
pension or annuity payment due a Pensioner or fmmer Employee in respect of the
month in which he shall die may be paid to one or more of his heirs, testamentary
legatees, beneficiaries, executors or administrators as the Company may decide.
Page 21 of 58
U.S. Steel Canada Inc. Retirement Plan for USW Loca18782 Members at Lake Erie Works
Section IV- Joint And Survivorship Pension
1.
An Employee who retires and who, at the date of his retirement has a Spouse and was
eligible to receive a pension under the provisions of Section II shall, subject to the
provisions of paragraph 3 of this Section IV, instead of the Nmmal Pension, receive a
reduced monthly pension (hereinafter refened to as the "Joint and Survivorship Pension")
payable during his life and continued after his death in a smaller amount (hereinafter
refened to as the "Survivor Pension") to his Spouse (hereinafter refened to as the "Joint
Annuitant").
2.
The Joint and Survivorship Pension payable to such Employee shall be ninety-five (95)
percent of the N annal Pension to which such Employee was entitled and the Survivor
pension shall be seventy-four and one-half (74 1/2) percent of such Joint and Survivorship
Pension, provided however, that in the event the Actuarial Equivalent value of the
Employee's reduced pension and the 74 1/2% Survivor Pension in respect of service on and
after Janumy 1, 1992 exceeds the maximum value permitted under the Income Tax Act,
such Survivor Pension will be reduced accordingly.
3.
An Employee may elect to receive the Normal Pension by completing a waiver of the
Employee's right to receive a Joint and Survivorship Pension. Such waiver of the Joint and
Survivorship Pension shall:
(i)
be in writing signed by such Employee;
(ii)
be signed by such Employee's Spouse;
(iii)
be deemed to be made at the time when it shall be delivered to the Company;
(iv)
be made at least thirty (30) days before the date of such Employee's retirement.
4.
Revocation of the waiver of a Joint and Survivorship Pension may be made jointly by the
Employee and his Spouse at any time before such Employee's retirement.
5.
Upon the retirement of an Employee with a Joint and Survivorship Pension:
(a)
payments of the Joint and Survivorship Pension to such Employee shall commence
on the first day of the month next following the date of retirement and shall continue
at monthly intervals thereafter until the payment preceding the Employee's death;
and
Page 22 of 58
(b)
6.
payments of the Survivor Pension to the Joint Annuitant who survives such
Employee shall commence one (1) month after the last payment to such Employee
and shall continue at monthly intervals thereafter until the first day of the month in
which the Joint Annuitant shall die.
If an Employee dies leaving a Spouse surviving him or her, and if such Employee has
completed ten (1 0) or more years of Qualification Service, such Spouse shall be eligible to
receive a life pension in an amount equal to seventy (70) percent of the Employee's Nmmal
Pension which would have been payable had such Employee been eligible to retire and had
retired on the last day of the month prior to the month in which his death occmred and had
been eligible to receive an immediate pension without reduction by reason of early
retirement. In no event, however, shall the benefit payable under this paragraph 6. be less in
value than the benefit payable under paragraph (b) of Section V.
In no event, however, shall such pension in respect of service on and after January 1, 1992
exceed the higher of(a) sixty-six and two-thirds (66 2/3) percent ofthe Employee's Nmmal
Pension and (b) the lesser of (i) sixty-six and two-thirds (66 2/3) percent of the Employee's
projected Nmmal Pension calculated based on past and future years of Credited Service to
age 65 and (ii) 3/2 of the YMPE in the year of death.
Payments to such Spouse shall commence in the month in which the death of such
Employee occurred and shall continue at monthly intervals on the first day of the month
thereafter until the first day of the month in which such Spouse shall die.
Page 23 of 58
Section V- Death Benefits
(a)
An Employee may designate, by written notice to the Company in specified form, a
beneficiary to receive any such sums which would be payable under this Plan to a
beneficimy upon the death of the Employee. An Employee may change such beneficimy
from time to time by written notice to the Company in specified fmm. In default of a valid
appointment of a beneficimy all such payments will be made to the estate of the deceased
Employee.
(b)
If an Employee dies before entering upon any pension payable to him under the Plan and
after having completed twenty-four (24) months of continuous membership in the Plan, a
death benefit is payable in an amount equal to the Commuted Value of the Employee's
Nmmal Pension accmed to his credit under subpmagraph 1(a)(1) of Section III on and after
Janumy 1, 1987.
(c)
The death benefit payable under paragraph (b) above is payable to the Employee's Spouse
unless the Employee and Spouse have completed and filed a waiver in the prescribed fmm.
The Spouse may elect to receive the benefit described in paragraph (b) above in either of the
following forms:
(i)
a lump sum payment; or
(ii)
an annuity payable for the Spouse's lifetime, as may be provided by the amount in (i)
above, commencing either immediately or on the first day of any month on or after
the Spouse attains age 55, but before the Spouse's attainment of age 65, with or
without a guarantee period, provided, however, that any gum·antee period shall not
exceed 15 years.
If the Spouse fails to make an election within 90 days of being advised of the entitlement
under this paragraph (c), the Spouse will be deemed to have elected the annuity described in
subpm·agraph (ii) above.
(d)
If the Employee does not have a Spouse at the date of death, the death benefit payable under
paragraph (b) above is payable in a lump sum to the Employee's beneficimy.
(e)
If an Employee who has completed ten (10) yems of Credited Service dies, his Spouse shall
not be entitled to the benefit of this Section V unless he and his Spouse shall have lodged
with the Company in specified form a waiver and renunciation of the benefit of pmagraph 6
Page 24 of 58
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of Section IV. Such waiver and renunciation may be revoked and thereafter a new waiver
and renunciation may be lodged.
(f)
Any death benefit payable upon the death of an Employee who has commenced to receive
his pension is dete1mined in accordance with the fmm of pension being paid to the
Employee pursuant to Section IV.
Page 25 of 58
Section VI - Transfers Between Lake Erie Pension Plans
(a)
Transfers From The Plan
If an Employee is transferred to other employment with the Company at its Lake Erie
location or another Patiicipating Employer on and after the Effective Date and ceases to
be an Employee for the purposes of the Plan, he shall cease to accme fmiher benefits under
the Plan upon the date of such transfer. In such event, the benefits accmed by the Employee
under the Plan prior to his transfer shall remain to his credit in the Plan and shall be payable
in accordance with the provisions of the Plan upon his subsequent termination of
employment, death, or retirement, based on his yem·s of Credited Service under the Plan as
of his date of transfer; except that if the Employee is entitled to a benefit in respect of his
Credited Service prior to the date of transfer under any other pension plan for employees of
the Company at its Lake Erie location or another Participating Employer, his benefits in
respect of Credited Service prior to the date of transfer shall be reduced by the benefits
payable from such other plan is respect of his Credited Service prior to the date of transfer.
The uninterrupted period of time during which the Employee continues to be employed at
the Company at its Lake Erie location or another Patiicipating Employer shall be
included in his Continuous Service and Credited Service and the Employee's period of
membership in the Plan shall be deemed to include membership in the subsequent plan for
the purposes of determining eligibility for pension and other ancillary benefits but not for
benefit calculation purposes.
If such Employee is subsequently transferred back to employment with the Company at its
Lake Erie location or another Participating Employer as an Employee for the purposes of
the Plan, he shall recommence accming benefits under the Plan upon the date of such
transfer. In such event, the Employee's subsequent pension will be calculated based on all
Credited Service while an Employee.
Page 26 of 58
(b)
Transfers Into The Plan
If an employee at the Company at its Lake Erie location or another Participating
Employer who participates in another pension plan for employees of the Company at its
Lake Erie location or a Participating Employer becomes an Employee on and after the
Effective Date for the purposes of the Plan, he shall commence accruing benefits under
the Plan upon the date of such transfer. The Continuous Service and Credited Service of
the Employee shall include the entire period of uninterrupted employment with the
Company at its Lake Erie location or another Participating Employer and the Employee's
period of membership in the Plan shall be deemed to include membership in the
preceding plan for the purposes of determining eligibility for pension and other ancillary
benefits but not for benefit calculation purposes.
Page 27 of 58
Section VII - Pension Trust
(a)
The Company shall establish a pension Trust Fund with a trustee or trustees selected by it.
There shall be paid into such Trust Fund each year the amount, if any, specified by the
Actuary as sufficient to fund the cost of Credited Service for that year.
(b)
There shall also be paid into such Trust Fund additional payments, if any, as specified by
the Actuary as being required under the Pension Benefits Act.
(c)
Each Participating Employer shall pay to the Trust Fund its portion of the contributions
required under (i) and (ii) as set out in the applicable Participating Employer Agreement.
(d)
Contributions in respect of the normal cost of benefits shall be paid in monthly instalments
within 30 days following the month for which the contributions are payable. Contributions
in respect of special payments to amortize an unfunded actuarial liability or solvency
deficiency shall be payable in equal monthly instalments throughout the Plan Year or as
otherwise permitted under the Pension Benefits Act. A Participating Employer may, with
respect to its portion, accelerate any of the payments refened to in this clause.
(e)
The Trust Fund shall be invested, reinvested and paid out in accordance with this Plan and
the Trust Deed establishing such Trust Fund, provided, however, that no part of the fund
shall be used for, or diverted to, purposes other than for the exclusive benefit of Pensioners
and the Employees as provided herein prior to the satisfaction of all liabilities to them under
this Plan.
(f)
The Participating Employer shall pay all costs and expenses of operation and administration
of such trust. No Employee shall be required to make any contribution towards the cost of
the pension payable hereunder and the liability of the Participating Employer shall be
limited to the payments to the Trust Fund as herein provided.
(g)
The contributions made by the Participating Employers to the Trust Fund pursuant to
paragraphs (a) and (b) above for any Plan Year shall not exceed such maximum amount as
may be permitted under the Income Tax Act for such Plan Year.
Page 28 of 58
Office Consolidation- Text conformed to Janumy 1, 2012
Section VIII- Administration Of The Plan
The Company shall have sole responsibility for, and sole control of, the operation and
administration of the Plan, and shall adopt such rules and regulations as it may deem necessmy for
the efficient operation and administration of the Plan.
Page 29 of 58
Section IX- Amendment, Modification Or Termination Of The Plan
The Company reserves the right to amend, modify or te1minate the Plan, in whole or in part, at any
time for any reason whatsoever, provided that, where required by an applicable Participating
Employer Agreement between the Company and a Participating Employer, amendments in respect
of that Pmiicipating Employer's employees or fmmer employees, other than amendments to the
Plan that are necessary or desirable to maintain the Plan's registration otherwise comply with the
law, shall be subject to the approval of that Participating Employer, provided however that neither
the rights of any Pensioner, nor the rights of any Employee then entitled to apply for pension
benefits under the Plan shall be prejudiced by such amendment, modification or tetmination and
that no part of the Tmst Fund provided for in the Plan shall revert to or become the property of the
Company or the Participating Employers, as determined by the Company, prior to the satisfaction
of all liabilities to Pensioners and Employees under the Plan and the Tmst Deed.
It is further provided that any cetiifiable past service event, within the meaning of the Income Tax
Act, in respect of an Employee, shall be disregarded in determining the benefits to be paid under the
Plan, in respect of an Employee, until a certification by the Minister ofNational Revenue under the
Income Tax Act has been obtained in respect of the event.
Page 30 of 58
Section X - General Provisions
1.
The Plan shall not be deemed to constitute a contract between a Participating Employer and
any Employee or to be a consideration for, or an inducement or condition of, the
employment of any Employee and nothing in the Plan shall be deemed to give any
Employee the right to be retained in the service of a Participating Employer or to interfere
with the rights of a Participating Employer to discharge any Employee at any time.
2.
No Employee prior to his retirement under conditions of eligibility for a pension under the
Plan shall have any right or interest whatsoever in or to any portion of any funds which may
be paid into any pension trust established pursuant to Section VII hereof, and no Employee
or Pensioner shall have any right to pension benefits hereunder, except as provided in the
Plan and to the extent of the assets of such trust.
3.
The pensions and defeiTed life annuities provided under the terms of this Plan are for the
Employee's own use and benefit. Except as specified in paragraph 7 of this Section X,
money payable under the Plan is subject to the following restrictions:
4.
(a)
any transaction that purpmis to assign, charge, anticipate, suiTender, or give as
security any right of a person under the Plan or money payable under the Plan shall
not be enforceable against the Plan; and
(b)
money payable under the Plan is exempt from execution, seizure or attachment.
The Company will provide a written explanation to each Employee of the terms and
conditions of the Plan and of any amendments thereto applicable to him, together with an
explanation of the rights and duties of the Employee with reference to the benefits available
to him under the te1ms of the Plan.
The Company shall also provide any other information required to be provided to
Employees (or to any individual with an interest in the Plan that is recognized under the
Pension Benefits Act) including but not limited to, an annual statement and a statement
upon te1mination of employment with a Participating Employer, in the manner prescribed
and within the time period required under the Pension Benefits Act.
A copy of the Plan text, Funding Agreement, and any other relevant documents prescribed
under the Pension Benefits Act may be examined by an Employee (or any other individual
with an interest in the Plan that is recognized under the Pension Benefits Act) in accordance
with the provisions of the Pension Benefits Act.
Page 31 of 58
5.
If the Company receives evidence satisfactory to it that a person entitled to receive any
payment under this Plan is unable by reason of physical or mental infirmity arising from any
cause whatsoever to receive such payment or to give a valid release therefor and there is no
guardian, committee or other representative legally responsible for the estate of such person,
the Company may make the payment to any member of the family of such person or to any
other person who is managing the affairs of such person or is then maintaining such pension
in trust for such person and the release of the person to whom such payment is made in trust
shall be a valid and complete discharge of such payment.
6.
The Company may direct the trustee to commute and upon such direction the trustee shall
commute any periodic payment payable for lifetime from the Member's Nmmal Retirement
Date which is less than a monthly amount equal to not more than one-twelfth (1/12) of two
(2) percent of the YMPE in the year of the Member's termination of employment, or such
other amount as may be prescribed under the Pension Benefits Act.
7.
Alienation of Benefits on Maniage Breakdown
(i)
Notwithstanding any other provision of the Plan, in the event that an Employee, former
Employee or Pensioner and the former Spouse of the Employee, former Employee, or
Pensioner, as applicable, assign or divide the benefits of the Employee, former Employee
or Pensioner under the Plan on marriage breakdown, the benefits shall be divided in
accordance with the Pension Benefits Act. The former Spouse's interest in the benefits
of the Employee, former Employee or Pensioner, as applicable, shall be transferred or
paid only as permitted under the Pension Benefits Act and the Income Tax Act, and, if
applicable, benefits subsequently payable from the Plan on and after the Employee's
retirement, termination ·or death, shall be adjusted to take into account the amounts
transferred or paid to the Employee's former Spouse.
(ii)
For greater cetiainty, where an Employee, former Employee or Pensioner and a former
Spouse of the Employee, former Employee or Pensioner, as applicable, divide the
benefits of the Employee, former Employee and Pensioner under the Plan on marriage
breakdown in accordance with an order under Part I ofthe Family Law Act (Ontario), a
family arbitration award or a written domestic contract (as defined in the Family Law Act
(Ontario)) to which section 67.5 of the Pension Benefits Act applies, the Employee,
former Employee or Pensioner and/or the former Spouse must first provide a completed
application, in the prescribed form, and payment of the applicable fee, following which,
the Company shall issue to the Employee, former Employee or Pensioner, as applicable,
and the former Spouse a statement of imputed value, in the prescribed form, in
accordance with the Pension Benefits Act and applicable regulatmy policies and the
former Spouse may apply for a transfer or division of benefits, in the prescribed form,
following receipt ofthe statement of imputed value.
Page 32 of 58
8.
(iii)
Notwithstanding paragraph (f) of Section VII of the Plan, the Company may charge a fee
to an Employee, former Employee or Pensioner and/or the former Spouse, up to the
maximum permitted under the Pension Benefits Act, for each statement of imputed value
the Company is requested to prepare under paragraph (ii) above.
(iv)
Notwithstanding Section N, a fmmer Spouse who is entitled to a Joint and Survivorship
Pension upon the death of the Pensioner under Section Nand who is entitled to a
division of the Pensioner's benefits under paragraph (ii) above or is entitled to a division
of family property as a result of a marriage breakdown from the Pensioner, may waive
the entitlement to the Joint and Survivorship Pension in the prescribed fmm ..
An Employee who terminates employment with a Participating Employer before attaining
age 55 may, within 60 days following the date of his termination or such other period as
may be required by the Pension Benefits Act elect, in satisfaction of his right to a defened
pension, to transfer the Commuted Value of his defened pension to:
(i)
another registered pension plan, of which he is a member, if the other plan permits
the transfer and if the transferred amount will be used to provide a pension in
compliance with the Pension Benefits Act; or
(ii)
a registered retirement savings anangement as provided under the Pension Benefits
Act; or
(iii)
an insurance company to purchase a non-commutable defened life annuity which
shall not commence payment earlier than the Employee's attainment of age 55.
Any such transfer shall, however, be subject to such conditions and restrictions as may be
prescribed by the Pension Benefits Act, depending upon the solvency status of the Plan from
time to time.
In the event that a portability election is completed pursuant to this paragraph 8 the
individual shall cease to be a member of the Plan and shall have no further rights under the
Plan.
Notwithstanding the above, in the event the Commuted Value of an Employee's pension
exceeds such maximum amount as may be prescribed under the Income Tax Act, the
amount transfened in accordance with this paragraph 8 shall not exceed such maximum
amount and the excess of the Commuted Value over the amount transfened shall be paid
directly to the Employee in cash, subject to the requirements of the Pension Benefits Act.
Page 33 of 58
9.
(a)
In the event that a fmmer Employee who is in receipt of a pension under the Plan is
re-employed by a Participating Employer as an Employee, he shall, for purposes of
the Plan, be treated as a new Employee who has not had previous service with a
Patiicipating Employer, and the rights and benefits to which he may subsequently
become entitled under the Plan shall be determined, subject to subparagraph (b)(i)
below, without reference to Continuous Service or Credited Service with respect to
his prior period of employment.
(b)
Such Employee may elect either:
(c)
10.
(i)
to recommence accming Credited Service as of the date on which he
completes two (2) years of Continuous Service in which event his pension
from the Plan shall be suspended until his employment is again terminated.
Upon such subsequent termination of employment, the Employee's pension
will, subject to the requirements of the Income Tax Act, be re-computed to
allow for any additional benefits that may have accmed during such period
ofre-employment; or
(ii)
not to accme further Credited Service; in which event he shall continue to
receive his pension from the Plan.
Notwithstanding paragraph (b) above, if such re-employed Employee had been in
receipt of a pension from the Plan at any time while employed by a Participating
Employer, he shall continue to receive his pension and shall not accme further
benefits under the Plan during the period of re-employment.
A pension or deferred pension payable under this Plan shall not be capable of being
surrendered or commuted except as specifically provided in the Plan.
Page 34 of 58
Section XI - Construction
The Plan shall be construed in accordance with the laws of the Province of Ontario, Canada.
Page 35 of 58
Office Consolidation- Text conformed to Januaty 1, 2012
Appendix I
Additional Pensions
1.
Any additional pension provided under this Appendix I shall be subject to the maximum
pension limitation under subsections 2.(a)(3) and 2.(b)(2) of Section III.
2.
An additional pension of Twenty Dollars ($20.00) per month shall be payable to a
Pensioner other than a Pensioner who was an Employee represented by Local Union
1031,5220 or 5529, United Steelworkers of America who retired prior to August 31, 1966
and who actually received a pension in respect of the month of September, 1966 continuing
so long as the pension to which such Pensioner is entitled shall be paid. The first payment
of such additional pension shall be made on the last day of September, 1966, in respect of
the month of September, 1966.
3.
A Joint Annuitant with a Pensioner who was an Employee other than an Employee
represented by Local Union 1031, 5220 or 5529, United Steelworkers of America who
retired prior to August 31, 1966 and who survives or has survived such Pensioner shall be
entitled to an additional pension in an amount equal to that proportion of Twenty Dollars
($20.00) which the pension to which such Joint Annuitant is entitled bears to the Nmmal
Pension of such Pensioner which additional pension shall continue so long as the pension to
which such Joint Annuitant or such Pensioner actually received a pension in respect of the
month of September, 1966. The first payment of such additional pension shall be made on
the later of the last day of September, 1966, in respect of the month of September, 1966, or
the last day of the month in which such Joint Annuitant shall first become entitled to such
pension or annuity.
4.
Pensioner who was an Employee represented by Local Union 1031, United Steelworkers of
America, and who retired prior to April 1, 1967 and who actually received a pension in
respect of the month of April, 1967 continuing so long as the pension to which such
Pensioner is entitled shall be paid. The first payment of such additional pension shall be
made on the last day of April, 1967, in respect of the month of April, 1967.
5.
A Joint Annuitant with a Pensioner who was an Employee represented by Local Union
1031, United Steelworkers of America and who retired prior to April 1, 1967 and who
survives or has survived such Pensioner shall be entitled to an additional pension in an
amount equal to that proportion of Twenty Dollars ($20.00) which the pension to which
such Joint Annuitant is entitled bears to the Normal Pension of such Pensioner which
Page 36 of 58
additional pension shall continue so long as the pension to which such Joint Annuitant or
such Pensioner actually received a pension in respect of the month of April, 1967. The first
payment of such additional pension shall be made on the later of the last day of April, 1967,
in respect of the month of April, 1967, or the last day of the month in which such Joint
Annuitant shall first become entitled to such pension or annuity.
6.
Pensioner other than a Pensioner who was an Employee represented by Local Union 1031,
5220 or 5529, United Steelworkers of America who retired prior to August 31, 1966 and
who actually received a pension in respect of the month of November, 1969, continuing so
long as the pension to which such Pensioner is entitled shall be paid. The first payment of
such additional pension shall be made on the last day of November, 1969, in respect of the
month ofNovember, 1969.
7.
represented by Local Union 1031, 5220 or 5529, United Steelworkers or America who
retired prior to August 31, 1966 and who survives or has survived such Pensioner shall be
entitled to an additional pension in an amount equal to that proportion of Twenty Dollars
($20.00) which the pension to which such Joint Annuitant is entitled bears to the Nmmal
Pension of such Pensioner which additional pension shall continue so long as the pension to
which such Joint Annuitant is entitled shall be paid provided that such Joint Annuitant or
such Pensioner actually received a pension in respect of the month ofNovember, 1969. The
first payment of such additional pension shall be made on the later of the last day of
November, 1969, in respect of the month ofNovember, 1969, or the last day of the month
in which such Joint Annuitant shall first become entitled to such pension or annuity.
8.
America, and who retired prior to April 1, 1967 and who actually received a pension in
respect of the month of Janumy, 1970, continuing so long as the pension to which such
made on the last day of Janumy, 1970, in respect of the month of Janumy, 1970.
9.
1031, United Steelworkers of America, and who retired prior to April 1, 1967 and who
such Joint Annuitant is entitled bears to the Nmmal Pension of such Pensioner which
additional pension shall continue so long as the pension to which such Joint Annuitant is
entitled shall be paid provided that such Joint Annuitant or such Pensioner actually received
a pension in respect of the month of Janumy, 1970. The first payment of such additional
Page 37 of 58
pension shall be made on the later of the last day of January, 1970, in respect of the month
of Janumy, 1970, or the last day of the month in which such Joint Annuitant shall first
become entitled to such pension or annuity.
10.
Pensioner other than a Pensioner who was an Employee represented by Local Union 5220
or 5529, United Steelworkers of America who retired prior to August 1, 1972 and who
actually received a pension in respect of the month of August, 1972 continuing so long as
the pension to which such Pensioner is entitled shall be paid. The first payment of such
additional pension shall be made on the last day of August, 1972, in respect of the month of
August, 1972.
11.
represented by Local Union 5220 or 5529, United Steelworkers of America who retired
prior to August 1, 1972 and who survives or has survived such Pensioner shall be entitled to
an additional pension in an mnount equal to that proportion of Twenty Dollars ($20.00)
which the pension to which such Joint Annuitant is entitled bears to the Normal Pension of
such Pensioner which additional pension shall continue so long as the pension to which
such Joint Annuitant is entitled shall be paid provided that such Joint Annuitant or such
Pensioner actually received a pension in respect of the month of August, 1972. The first
payment of such additional pension shall be made on the later of the last day of August,
1972, in respect of the month of August, 1972, or the last day of the month in which such
Joint Annuitant shall first become entitled to such pension or annuity.
12.
America, and who retied prior to September 1, 1972 and who actually received a pension in
respect of the month of September, 1972 continuing so long as the pension to which such
made on the last day of September, 1972, in respect of the month of September, 1972.
13.
5529, United Steelworkers of America, and who retired prior to September 1, 1972 and who
mnount equal to that proportion of Twenty Dollars ($20.00) which the Pension to which
a pension in respect of the month of September, 1972. The first payment of such additional
pension shall be made on the later of the last day of September, 1972, in respect of the
month of September, 1972, or the last day of the month in which such Joint Annuitant shall
Page 38 of 58
first become entitled to such pension or annuity.
14.
America, and who retired prior to October 1, 1972 and who actually received a pension in
respect of the month of October, 1972, continuing so long as the pension to which such
made on the last day of October, 1972, in respect of the month of October, 1972.
15.
5220, United Steelworkers of America, and who retired prior to October 1, 1972 and who
a pension in respect of the month of October, 1972. The first payment of such additional
pension shall be made on the later of the last day of October, 1972, in respect of the month
of October, 1972, or the last day of the month in which such Joint Annuitant shall first
16.
An additional pension of Fifteen Dollars ($15.00) per month shall be payable to a Pensioner
other than a Pensioner who was an Employee represented by Local Union 5220 or 5529,
United Steelworkers of America, and who retired prior to August 1, 1972 and who actually
received a pension in respect of the month of December, 1974 continuing so long as the
pension to which such Pensioner is entitled shall be paid. The first payment of such
additional pension shall be made on the last day of Januruy, 1975, in respect of the month of
January, 1975.
17.
represented by Local Union 5220 or 5529, United Steelworkers or America, and who retired
prior to August 1, 1972 and who survives or has survived such Pensioner shall be entitled to
an additional pension in an amount equal to that proportion of Fifteen Dollars ($15.00)
which the pension to which such Joint Annuitant is entitled bears to the Normal Pension of
such Pensioner which additional pension shall continue so long as the pension to which
Pensioner actually received a Pension in respect of the month of December, 1974. The first
payment of such additional pension shall be made on the later of the last day of Januruy,
1975, in respect of the month of Januruy, 1975, or the last day of the month in which such
Page 39 of 58
18.
who was an Employee represented by Local Union 5529, United Steelworkers of America,
and who retired prior to September 1, 1972 and who actually received a pension in respect
of the month of December, 1974 continuing so long as the pension to which such Pensioner
is entitled shall be paid. The first payment of such additional pension shall be made on the
last day of Janumy, 1975, in respect of the month of January, 1975.
19.
5529, United Steelworkers of America, and who retired prior to September 1, 1972, and
who survives or has survived such Pensioner shall be entitled to an additional pension in an
amount equal to that proportion of Fifteen Dollars ($15.00) which the pension to which
a pension in respect of the month of December, 1974. The first payment of such additional
pension shall be made on the later of the last day of Janumy, 1975, in respect of the month
of January, 1975, or the last day of the month in which such Joint Annuitant shall first
20.
and who retired prior to October 1, 1972 and who actually received a pension in respect of
the month of December, 1974 continuing so long as the pension to which such Pensioner is
entitled shall be paid. The first payment of such additional pension shall be made on the
last day of Janumy, 1975, in respect of the month of Janumy, 1975.
21.
5220, United Steelworkers of America, and who retied prior to October 1, 1972 and who
amount equal to that proportion of Fifteen Dollm·s ($15.00) which the pension to which
a pension in respect of the month of December, 1974. The first payment of such additional
pension shall be made on the later of the last day of Janumy, 1975, in respect of the month
of Janumy, 1975, or the last day of the month in which such Joint Annuitant shall first
22.
An additional pension for Forty Dollars ($40.00) per month shall be payable to a Pensioner
other than a Pensioner who was an Employee represented by Local Union 5220, United
Steelworkers of America, and who retired prior to August 1, 1975 and who actually
Page 40 of 58
received a pension in respect of the month of August, 1975 continuing so long as the
additional pension shall be made on the last day of August, 1975, in respect of the month of
August, 197 5.
23.
A Joint Annuitant with a Pensioner other than a Pensioner who was an Employee
represented by Local Union 5220, United Steelworkers of America, and who retired prior to
August 1, 1975 and who survives or has survived such Pensioner shall be entitled to an
additional pension in the amount equal to that proportion of Forty Dollars ($40.00) which
the pension to which such Joint Annuitant is entitled bears to the Nmmal Pension of such
Pensioner which additional pension shall continue so long as the pension to which such
Joint Annuitant is entitled shall be paid provided that such Joint Annuitant or such
Pensioner actually received a pension in respect of the month of August, 197 5. The first
1975, in respect of the month of August, 1975, or the last day of the month in which such
24.
An additional pension of Forty Dollars ($40.00) per month shall be payable to a Pensioner
and who retired prior to November 1, 1975 and who actually received a pension in respect
of the month ofNovember, 1975 continuing so long as the pension to which such Pensioner
last day ofNovember, 1975, in respect of the month ofNovember, 1975.
25.
5220, United Steelworkers of America, and who retired prior to November 1, 1975 and who
amount equal to that proportion of Forty Dollars ($40.00) which the pension to which such
Joint Annuitant is entitled bears to the Normal Pension of such Pensioner which additional
pension shall continue so long as the pension to which such Joint Annuitant is entitled shall
be paid provided that such Joint Annuitant or such Pensioner actually received a pension in
respect of the month of November, 1975. The first payment of such additional pension
shall be made on the later of the last day of November, 1975, in respect of the month of
November, 1975, or the last day of the month in which such Joint Annuitant shall first
26.
Pensioner other than a Pensioner who was an Employee represented by Local 6951, United
Steelworkers of America and who retired prior to August 1, 1978 and who actually received
a pension in respect of the month of August, 1978 continuing so long as the pension to
which such Pensioner is entitled shall be paid. The first payment of such additional pension
Page 41 of 58
shall be made on the last day of August, 1978, in respect of the month of August, 1978.
27.
represented by Local6951, United Steelworkers of America and who retired prior to August
1, 1978 and who survives or has survived such Pensioner shall be entitled to an additional
pension in an amount equal to that proportion of Twenty Dollars ($20.00) which the
pension to which such Joint Annuitant is entitled bears to the Nmmal Pension of such
Pensioner actually received a pension in respect of the month of August, 1978. The first
1978, in respect of the month of August, 1978, or the last day ofthe month in which such
28.
An additional pension of Twenty Dollars ($20.00) per month shall be payable to an
Employee other than an Employee represented by Local 6951, United Steelworkers of
America and who retires after August 1, 1978 but before August 1, 1979 continuing so long
as the pension to which such Pensioner is entitled shall be paid. The first payment of such
additional pension shall be made on the last day of the month in which such Pensioner shall
first become entitled to such pension.
29.
A Joint Annuitant of a Pensioner other than a Pensioner who was an Employee represented
by Local 6951, United Steelworkers of America and who retired after August 1, 1978 but
before August 1, 1979 and who survives such Pensioner shall be entitled to an additional
pension in an amount equal to that proportion of Twenty Dollars ($20.00) which the
pension to which such Joint Annuitant is entitled bears to the Normal Pension of such
Pensioner actually received a pension in respect of the month following the month in which
retirement occu11'ed. The first payment of such additional pension shall be made on the last
day of the month in which such Joint Annuitant shall first become entitled to such pension
or annuity.
30.
Pensioner who was an Employee represented by Local 6951, United Steelworkers of
America and who retired prior to October 1, 1978 and who actually received a pension in
respect of the month of October, 1978 continuing so long as the pension to which such
made on the last day of October, 1978, in respect of the month of October, 1978.
31.
A Joint Annuitant with a Pensioner who was an Employee represented by Local 6951,
Page 42 of 58
United Steelworkers of America and who retired prior to October 1, 1978 and who survives
or has survived such Pensioner shall be entitled to an additional pension in an amount equal
to that proportion of Twenty Dollars ($20.00) which the pension to which such Joint
Annuitant is entitled bears to the Normal Pension of such Pensioner which additional
respect of the month of October, 1978. The first payment of such additional pension shall
be made on the later of the last day of October, 1978, in respect of the moth of October,
1978 or the last day of the month in which such Joint Annuitant shall first become entitled
to such pension or annuity.
32.
Employee represented by Local 6951, United Steelworkers of America and who retired after
October 1, 1978 but before August 1, 1979 continuing so long as the pension to which such
made on the last day of the month in which such Pensioner shall first become entitled to
such pension.
33.
A Joint Annuitant of a Pensioner who was an Employee represented by Local6951, United
Steelworkers of America and who retired after October 1, 1978 but before August 1, 1979
and who survives such Pensioner shall be entitled to an additional pension in an amount
equal to that propmiion of Twenty Dollars ($20.00) which the pension to which such Joint
Annuitant is entitled bears to the Normal Pension of such Pensioner which additional
respect of the month following the month in which retirement occurred. The first payment
of such additional pension shall be made on the last day of the month to which such Joint
34.
An additional pension of Fifty Dollars ($50.00) per month shall be payable to a Pensioner
who retired prior to August 1, 1981 and who actually received a pension in respect of the
month of August, 1981, continuing so long as the pension to which such Pensioner is
entitled shall be paid. The first payment of such additional pension shall be made on
September 18, 1981, in respect of the months of August and September, 1981.
35.
A Joint Annuitant with a Pensioner who retired prior to August 1, 1981 and who survived
such Pensioner shall be entitled to an additional pension of Fifty Dollars ($50.00) per month
which additional pension shall continue so long as the pension to which such Joint
Annuitant is entitled shall be paid provided that such Joint Annuitant or such Pensioner
actually received a pension in respect of the month of August, 1981. The first payment of
such additional pension shall be made on September 18, 1981 in respect of the months of
Page 43 of 58
August and September, 1981 or the first day of the month in which such Joint Annuitant
shall first become entitled to such pension or annuity.
36.
Pensioner other than a Pensioner who was an Employee represented by United Plant Guard
Workers or America- Local 1962 who retired prior to August 1, 1982 and who actually
received a pension in respect of the month of August, 1982 continuing so long as the
additional pension shall be made on the first day of August, 1982, in respect of the month of
August, 1982.
37.
represented by United Plant Guard Workers of America - Local 1962 who retired prior to
August 1, 1982 and who survived such Pensioner shall be entitled to an additional pension
of Twenty Dollars ($20.00) per month which additional pension shall continue so long as
the pension to which such Joint Annuitant is entitled shall be paid provided that such Joint
Annuitant or such Pensioner actually received a pension in respect of the month of August,
1982. The first payment of such additional pension shall be made on the first day of
August, 1982, in respect of the month of August, 1982, or the first day of the month in
which such Joint Annuitant shall first become entitled to such pension or annuity.
38.
Pensioner who was an Employee represented by United Plant Guard Workers of America Local1962 and who retired prior to October 1, 1982 and who actually received a pension in
respect of the month of October, 1982 continuing so long as the pension to which such
made on the first day of October, 1982, in respect of the month of October, 1982.
39.
A Joint Annuitant with a Pensioner who was an Employee represented by United Plant
Guard Workers of America- Local 1962 who retired prior to October 1, 1982 and who
survived such Pensioner shall be entitled to an additional pension of Twenty Dollars
($20.00) per month which additional pension shall continue so long as the pension to which
Pensioner actually received a pension in respect of the month of October, 1982. The first
payment of such additional pension shall be made on the first day of October, 1982 in
respect of the month of October, 1982, or the first day of the month in which such Joint
40.
Employee other than an Employee represented by Local 1031, 3208, 3250, 3749, 3767,
5529, 8460 or 8782 United Steelworkers of America or United Plant Guard Workers of
Page 44 of 58
America - Local 1962 and who retires after August 1, 1982 but before August 1, 1983
continuing so long as the pension to which such Pensioner is entitled shall be paid. The
first payment of such additional pension shall be made on the first day of the month in
which such Pensioner shall first become entitled to such Pension.
41.
by Local 1031, 3208, 3250, 3749, 3767, 5529, 8460 or 8782 United Steelworkers of
America or United Plant Guard Workers of America - Local 1962 and who retired after
August 1, 1982 but before August 1, 1983 and who survives such Pensioner shall be
entitled to an additional pension of Twenty Dollars ($20.00) per month which additional
pension shall continue so long as the pension to which such Joint Annuitant or such
Pensioner is entitled shall be paid provided that such Joint Annuitant or such Pensioner
actually received a pension in respect of the month following the month in which retirement
occmTed. The first payment of such additional pension shall be made on the first day of the
month to which such Joint Annuitant shall first become entitled to such pension or annuity.
42.
An additional pension of:
(a)
Twenty Dollars ($20.00) per month shall be payable to a Pensioner who was an
Employee represented by Local1031, 3208, 3250, 3749, 3767, 5529, 8460 or 8782
United Steelworkers of America, or
(b)
Thirty Dollars ($30.00) per month shall be payable to a Pensioner who was an
Employee represented by Locall005, 1195, 3258, 3260, 3561, 5220, 5328, 5871 or
6951 United Steelworkers of America,
month of August, 1983 continuing so long as the pension to which such Pensioner is
first day of August, 1983, in respect of the month of August, 1983.
43.
such Pensioner,
(a)
represented by Local 1031, 3208, 3250, 3749, 3767, 5529, 8460 or 8782 United
Steelworkers of America who retired prior to August 1, 1983 and who survived
such Pensioner shall be entitled to an additional pension of Twenty Dollars ($20.00)
per month, or
(b)
represented by Local 1005, 1195, 3258, 3260, 3561, 5220, 5328, 5871 or 6951
United Steelworkers of America who retired prior to August 1, 1983 and who
Page 45 of 58
survived such Pensioner shall be entitled to an additional pension of Thirty Dollars
($30.00) per month,
such additional pension shall be made on the first day of the month in which such Joint
44.
An additional pension of Thirty Dollars ($30.00) per month shall be payable to a Pensioner
who was an Employee represented by United Plant Guard Workers of America - Local1962
who retired prior to October 1, 1983 and who actually received a pension in respect of the
month of October, 1983 continuing so long as the pension to which such Pensioner is
first day of October, 1983, in respect of the month of October, 1983.
45.
A Joint Annuitant with a Pensioner who was an Employee represented by United Plant
Guard Workers- Local1962 who retired prior to October 1, 1983 and who survived such
Pensioner shall be entitled to an additional pension of Thirty Dollars ($30.00) per month
actually received a pension in respect of the month of October, 1983. The first payment of
such additional pension shall be made on the first day of October, 1983, in respect of the
month of October, 1983, or the first day of the month in which such Joint Annuitant shall
first become entitled to such pension or annuity.
46.
An additional pension of Fifty Dollars ($50.00) per month shall be payable to an Employee
other than an Employee represented by Local1031, 3208, 3250, 3749, 3767, 5529, 8460 or
8782 United Steelworkers of America or United Plant Guard Workers of America - Local
1962 and who retires after August 1, 1983 but before August 1, 1984 continuing so long as
additional pension shall be made on the first day of the month in which such Pensioner shall
47.
by Local 1031, 3208, 3250, 3749, 3767, 5529, 8460 or 8782 United Steelworkers of
America or United Plant Guard Workers of America - Local 1962 and who retired after
August 1, 1983 but before August 1, 1984 and who survives such Pensioner shall be
entitled to an additional pension of Fifty Dollars ($50.00) per month which additional
Page 46 of 58
respect of the month following the month in which retirement occuned. The first payment
of such additional pension shall be made on the first day of the month in which such Joint
48.
An additional pension of Ten Dollars ($10.00) per month shall be payable to a Pensioner
who was an Employee represented by Local1031, 3208, 3250, 3749, 3767, 5529, 8460 or
8782 United Steelworkers of America and who retired prior to August 1, 1982 and who
actually received a pension in respect of the month of August, 1984, continuing so long as
additional pension shall be made on August 1, 1984, in respect of the month of August,
1984.
49.
3208, 3250, 3749, 3767, 5529, 8460 or 8782 United Steelworkers or America and who
retired prior to August 1, 1982 and who survived such Pensioner shall be entitled to an
additional pension of Ten Dollars ($10.00) per month which additional pension shall
continue so long as the pension to which such Joint Annuitant is entitled shall be paid
provided that such Joint Annuitant or such Pensioner shall actually receive a pension in
respect of the month of August, 1984. The first payment of such additional pension shall be
made on August 1, 1984 in respect of the month of August, 1984 or the first day of the
month in which such Joint Annuitant shall first become entitled to such pension or annuity.
50.
An additional pension of Thirty Dollars ($30.00) per month shall be payable to a Pensioner
who was an Employee represented by Local1031, 3208, 3250, 3749, 3767, 5529, 8460 or
8782 United Steelworkers or America and who retired prior to August 1, 1982 but before
August 1, 1983 and who actually receives a pension in respect of the month of August,
1984, continuing so long as the pension to which such Pensioner is entitled shall be paid.
The first payment of such additional pension shall be made on August 1, 1984, in respect of
the month of August, 1984.
51.
3208, 3250, 3749, 3767, 5529, 8460 or 8782 United Steelworkers of America and who
retired after August 1, 1982 but before August 1, 1983 and who survived such Pensioner
shall be entitled to an additional pension of Thirty Dollars ($30.00) per month which
entitled shall be paid provided that such Joint Annuitant or such Pensioner shall actually
receive a pension in respect of the month of August, 1984. The first payment of such
additional pension shall be made on August 1, 1984 in respect of the month of August, 1984
or the first day of the month in which such Joint Annuitant shall first become entitled to
such pension or annuity.
Page 47 of 58
52.
An additional pension of Fifty Dollars ($50.00) per month shall be payable to a Pensioner
who was an Employee represented by Local 1031, 3208, 3250, 3749, 3767, 5529, 8460 or
8782 United Steelworkers of America and who retired after August 1, 1983 but before
August 1, 1984, and who actually receives a pension in respect of the month of August,
1984, continuing so long as the pension to which such Pensioner is entitled shall be paid.
The first payment of such additional pension shall be made on August 1, 1984, in respect of
the month of August, 1984.
53.
3208, 3250, 3749, 3767, 5529, 8460 or 8782 United Steelworkers of America and who
retired after August 1, 1983 but before August 1, 1984 and who survived such Pensioner
shall be entitled to an additional pension of Fifty Dollars ($50.00) per month which
entitled shall be paid provided that such Joint Annuitant or such Pensioner shall actually
receive a pension in respect of the month of August, 1984. The first payment of such
additional pension shall be made on August 1, 1984 in respect ofthe month of August, 1984
or the first day of the month in which such Joint Annuitant shall first become entitled to
such pension or annuity.
54.
represented by United Plant Guard Workers- Local 1962 and who retires after October 1,
1983 but before October 1, 1984 continuing so long as the pension to which such Pensioner
first day of the month in which such Pensioner shall first become entitled to such pension.
55.
A Joint Annuitant of a Pensioner who was an Employee represented by United Plant Guard
Workers- Local1962 and who retired after October 1, 1983 but before October 1, 1984 and
who survives such Pensioner shall be entitled to an additional pension of Fifty Dollars
($50.00) per month which additional pension shall continue so long as the pension to which
such Joint Annuitant or such Pensioner is entitled shall be paid provided that such Joint
Annuitant or such Pensioner actually received a pension in respect of the month following
the month in which retirement occurred. The first payment of such additional pension shall
be made on the first day of the month to which such Joint Annuitant shall first become
entitled to such pension or annuity.
56.
who retires after August 1, 1984 but before August 1, 1985, continuing so long as the
Page 48 of 58
57.
A Joint Annuitant of a Pensioner who was an Employee who retired after August 1, 1984
but before August 1, 1985 and who survives such Pensioner shall be entitled to an
additional pension of Fifty Dollars ($50.00) which additional pension shall continue so long
as the pension to which such Joint Annuitant shall be paid provided that such Joint
the month in which retirement occUlTed. The first payment of such additional pension shall
be made on the first day of the month in which such Joint Annuitant shall first become
58.
who retires after August 1, 1985 but before August 1, 1986 continuing so long as the
59.
60.
who retires after August 1, 1986 but before August 1, 1987 continuing so long as the
first become entitled to such Pension.
61.
62.
An Employee who attains age sixty (60) years or more but less than age sixty-five (65)
years as at November 30, 1984 and who elects to retire after August 1, 1984 but before
Page 49 of 58
December 1, 1984, shall be entitled to an additional supplemental pension of Three
Hundred Dollars ($300.00) per month which additional supplemental pension shall continue
for two (2) years, or until the Pensioner attains age sixty-five (65) years, or until the death of
such Pensioner occurs, whichever if first.
The first payment of such additional
supplemental pension shall be made on the first day of the month in which such Pensioner
shall first become entitled to such supplemental pension.
63.
(a)
An Employee who attains age sixty (60) years or more but less than age sixty-five
(65) years as at March 31, 1986 and who elects to retire after November 30, 1985
but before April 1, 1986, shall be entitled to an additional supplemental pension of
Thirty-Six Hundred Dollars ($3,600.00) which additional supplemental pension
shall be paid on the first day of the month following twelve (12) months after the
month in which his retirement occuned provided, however, that in the event the
Pensioner dies or attains age sixty-five (65) years prior to the payment of the ThirtySix Hundred Dollars ($3,600.00) lump sum he or his estate, whichever is applicable,
shall be entitled to a lump sum payment equal to Thirty-six Hundred Dollars
($3,600.00) multiplied by a fraction, the denominator of which is twelve (12) and
the numerator of which is the number of complete calendar months the Pensioner
lived after his retirement date, or the number of months between retirement and the
month following attainment of age sixty-five (65) years, to a maximum of twelve
(12) months.
(b)
A Pensioner to whom sub-paragraph (a) of Paragraph 62 of this Appendix I applies
shall, in addition to the payment described therein, be entitled to an additional
supplemental pension of Three-Hundred Dollars ($300.00) per month commencing
on the date coincident with payment of the additional supplemental pension lump
sum payment and continuing monthly thereafter until the Pensioner attains age
sixty-five (65) years, or until the death of such Pensioner, or for twelve (12) months,
whichever first occurs.
64.
An additional pension of Eleven Dollars ($11.00) per month per year of Credited Service
shall be payable to an Employee who retires in August, September, October, November or
December of 1987 continuing so long as the pension to which such Pensioner is entitled
shall be paid or until December 31, 1987, whichever is first. The first payment of such
first become entitled to such pension. Such additional pension shall be deemed to be part of
the Normal Pension for the purposes of Section IV Joint and Survivorship pension of this
Plan and the provisions thereof apply mutatis mutandis to this paragraph 63.
65.
An additional pension of Forty Dollars ($40.00) per month shall be payable to a Pensioner
Page 50 of 58
month of August, 1987 continuing so long as the pension to which such Pensioner is
first day of August, 1987 in respect of the month of August, 1987.
66.
such Pensioner shall be entitled to an additional pension of Forty Dollars ($40.00) per
month which additional pension shall continue so long as the pension to which such Joint
Annuitant is entitled, shall be paid provided that such Joint Annuitant or such Pensioner
such additional pension shall be made on the first day of August, 1987, in respect of the
month of August, 1987 or the first day of the month in which such Joint Annuitant shall
67.
An additional pension of 3.6% of his pension payable at Nmmal Retirement Date shall be
payable to a Pensioner who retired prior to August 1, 1990 and who actually received a
pension in respect of the month of November, 1990 continuing so long as the pension to
which such Pensioner is entitled shall be paid. The first payment of such additional pension
shall be made on the first day of December, 1990 in respect of the months ofNovember and
December, 1990.
68.
such Pensioner shall be entitled to an additional pension of 3.6% of the lifetime pension
payable to such Joint Annuitant, which additional pension shall continue so long as the
pension to which such Joint Annuitant or such Pensioner actually received a pension in
respect of the month of November, 1990. The first payment of such additional pension
shall be made on the first day of December, 1990, in respect of the months of November
and December, 1990 or the first day of the month in which such Joint Annuitant shall
become entitled to such pension.
69.
pension in respect of the month of August, 1991, continuing so long as the pension to which
such Pensioner is entitled shall be paid. The first payment of such additional pension shall
be made on the first day of August, 1991 in respect of the month of August, 1991.
70.
pension to which such annuitant or such Pensioner actually received a pension in respect of
the month of August, 1991. The first payment of such additional pension shall be made on
Page 51 of 58
the first day of August, 1991, in respect of the month of August, 1991 or the first day of the
month in which such Joint Annuitant shall become entitled to such pension.
71.
pension in respect ofthe month of August, 1992, continuing so long as the pension to which
72.
pension to which such annuitant or such Pensioner actually received a pension in respect of
the month of August, 1992. The first payment of such additional pension shall be made on
the first day of August, 1992, in respect of the month of August, 1992 or the first day of the
73.
74.
pension to which such Joint Annuitant is entitled shall be paid provided that such Joint
1993. The first payment of such additional pension shall be made on the first day of
August, 1993, in respect of the month of August, 1993 or the first day of the month in
which such Joint Annuitant shall become entitled to such pension.
75.
Each beneficiary listed below shall be provided with the benefit he would have been entitled
to under paragraph 6 of Section IV of the Prior Plan as in effect at December 31, 1991 had
the age 40 condition under the paragraph not existed at the time of the death of his Spouse:
C. A. Rowe
76.
An additional pension of 2.3% of his pension payable to Nmmal Retirement Date shall be
Page 52 of 58
Office Consolidation Text conformed to January I, 2012
such Pensioner is entitled to be paid. The first payment of such additional pension shall be
made on the first day of August, 1995, in respect of the month of August, 1995.
77.
1995. The first payment of such additional pension shall be made on the first day of August,
1995, in respect of the month of August, 1995 or, iflater, the first day of the month in which
such Joint Annuitant shall become entitled to such pension.
78.
An additional pension of 1.2% of his pension payable to Normal Retirement Date shall be
pension in respect of the month of August, 1996, continuing so long as the pension to
which such Pensioner is entitled to be paid. The first payment of such additional pension
shall be made on the first day of August, 1996, in respect ofthe month of August, 1996.
79.
Annuitant or such Pensioner actually received a pension in respect of the month of
August, 1996. The first payment of such additional pension shall be made on the first day
of August, 1996, in respect of the month of August, 1996 or, if later, the first day of the
80.
An additional pension of 1.2% of his pension payable to Normal Retirement Date shall be
shall be made on the first day of August, 1997, in respect of the month of August, 1997.
81.
Page 53 of 58
82.
An additional pension of 0.9% of his pension payable at Normal Retirement Date shall be
shall be made on the first day of August, 1998, in respect ofthe month of August, 1998.
83.
84.
85.
86.
87.
Page 54 of 58
88.
An additional pension of3.1% of his pension payable at Normal Retirement Date shall be
89.
90.
pension in respect of the months of August, 2001, and August, 2002, continuing so long
as the pension to which such Pensioner is entitled to be paid. The first payment of such
additional pension shall be made on the first day of August, 2002, in respect of the month
of August, 2002.
91.
Annuitant or such Pensioner actually received a pension in respect of the months of
August, 2001 and August, 2002. The first payment of such additional pension shall be
made on the first day of August, 2002, in respect of the month of August, 2002 or, if later,
the first day of the month in which such Joint Annuitant shall become entitled to such
pensiOn.
92.
pension in respect of the months of August, 2002, and August, 2003, continuing so long
as the pension to which such Pensioner is entitled to be paid. The first payment of such
Page 55 of 58
of August, 2003.
93.
A Joint Annuitant of a Pensioner who retired prior to August 1, 2002 and who survived
Annuitant or Pensioner actually received a pension in respect of the months of August,
2002 and August, 2003. The first payment of such additional pension shall be made on
the first day of August, 2003, in respect of the month of August, 2003 or, if later, the first
day of the month in which such Joint Annuitant shall become entitled to such pension.
94.
pension in respect of the months of August, 2003 and August, 2004, continuing so long as
the pension to which such Pensioner is entitled to be paid. The first payment of such
of August, 2004.
95.
made on the first day of August, 2004 in respect of the month of August, 2004 or later,
penswn.
96.
of August, 2005
97.
Page 56 of 58
98.
made on the first day of August, 2005 in respect of the month of August, 2005 or if later,
penswn.
An additional pension of 2.24% of his pension payable at Normal Retirement Date shall
be payable to a Pensioner who retired prior to August 1, 2005 and who actually received a
of August, 2006.
99.
A beneficiary of a Pensioner who retired prior to August 1, 2005 and who survived such
Pensioner shall be entitled to an additional pension of 2.24% of the lifetime pension
payable to such beneficiary, which additional pension shall continue so long as the
pension to which such beneficimy is entitled shall be paid provided that such beneficimy
or Pensioner actually received a pension in respect of the months of August 2005 and
of August, 2006 in respect of the month of August, 2006 or, if later, the first day of the
month in which such beneficimy shall become entitled to such pension.
100.
An additional pension of 1.76% of his pension payable at Normal Retirement Date shall
of August, 2007.
101.
A beneficiary of a Pensioner who retired prior to August 1, 2006 and who survived such
Pensioner shall be entitled to an additional pension of 1.76% of the lifetime pension
payable to such beneficiary, which additional pension shall continue so long as the
pension to which such beneficimy is entitled shall be paid provided that such beneficiary
or Pensioner actually received a pension in respect of the months of August 2006 and
of August, 2007 in respect of the month of August, 2007 or, if later, the first day of the
month in which such beneficiary shall become entitled to such pension.
102.
An additional pension of 1. 76% of his pension payable at N mmal Retirement Date shall
Page 57 of 58
Office Consolidation- Text conformed to J anuaty 1, 2012
pension in respect ofthe months of August, 2007 and August, 2008, continuing so long as
of August, 2008.
103.
such Pensioner shall be entitled to an additional pension of 1. 76% of the lifetime pension
August 2007 and August, 2008. The first payment of such additional pension shall be
made on the first day of August, 2008 in respect of the month of August, 2008 or, iflater,
penswn.
Page 58 of 58

U.S.Steel Bargaining Unit Pension Agreement

Transcription

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