Health and Security Retirement Vacation Industry Fund
107.000 mem sg180402
CONTRIBUTION AGREEMENT FOR ASSOCIATE EMPLOYEES
PARTICIPATING IN
CARPENTERS-EMPLOYERS APPRENTICESHIP AND TRAINING TRUST FUND OF
WESTERN WASHINGTON
CARPENTERS HEALTH AND SECURITY TRUST OF WESTERN WASHINGTON
CARPENTERS RETIREMENT TRUST OF WESTERN WASHINGTON
AND/OR
CARPENTERS OF WESTERN WASHINGTON INDIVIDUAL
ACCOUNT PENSION TRUST
THIS AGREEMENT is made and entered into between the undersigned employer
(“
Employer
”); the Carpenter-Employers Apprenticeship & Training Trust Fund of Western
Washington (“
Training Trust
”); the Carpenters Health and Security Trust of Western
Washington (“
Health Trust
”); the Carpenters Retirement Trust of Western Washington
(“
Retirement Trust
”); and the Carpenters of Western Washington Individual Account Pension
Trust (“
Individual Account Trust
”). The Training Trust, Health Trust, Retirement Trust, and
Individual Account Trust are collectively referred to as the “
Trusts.
1.
Purpose.
The purpose of this Agreement is to cover the Employer’s eligible
non-bargaining unit employees as
Associates
in one or more of the Trusts pursuant to the
terms of the Trust Agreements and where applicable, the Plans of the Trusts.
2.
Employees Eligible to Participate as Associates.
Employees in one of the
following categories are eligible to participate in the Trusts:
a. Employees of the Union or Other Labor Organization. Employees of the Pacific
Northwest Regional Council of Carpenters (“
Regional Council
”) or one of its affiliated local
unions, and employees of another labor organization or a joint labor-management cooperation
committee affiliated with the Regional Council, provided contributions are made to the Trust by
the employee’s Employer pursuant to this Agreement.
b. Employees of the International Union. Employees of the United Brotherhood
of Carpenters or Joiners of America who previously participated in the applicable Trust as a
bargaining unit employee or Associate Employee, provided contributions are made to the
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107.000 mem sg180402
applicable Trust by the employee’s Employer pursuant to this Agreement.
c. Employees of a Training Trust or Program. Employees of a Training Trust or
Program who are employed within the jurisdiction of the Regional Council, provided
contributions are made to the applicable Trust by the employee’s Employer pursuant to this
Agreement.
d. Employees of a Signatory Employer. Employees of an employer that is
signatory to a collective bargaining agreement with the Regional Council or one of its affiliated
local unions (“
Signatory Employer
”), provided the employee previously worked as a Carpenter.
This requirement is administered differently for the Retirement Trust and Individual Account
Trust than it is for the Health Trust, as follows:
(i) Retirement and Individual Account Trusts. To participate in the
Retirement and Individual Account Trusts, a nonbargaining employee of a Signatory Employer
must have previous employment in bargaining unit work under a collective bargaining agreement
with the Regional Council or its affiliated local unions that required contributions to that Trust.
This requirement is generally satisfied if the employee has at least one year of Credited (Future)
Service earned as a bargaining unit employee under a collective bargaining agreement requiring
contributions to the applicable Trust.
(ii) Health Trust. To participate in the Health Trust, a nonbargaining
employee of a Signatory Employer must have previous employment in a nonsupervisory
capacity in work of the type covered by a collective bargaining agreement with the Regional
Council or one of its affiliated local unions.
e. Limitation on Participation of Owners/Officers/Spouses. If an employee is an
officer (e.g., president, vice president, secretary, treasurer) or 5% or greater owner (e.g.,
shareholder) of the Employer, or spouse of an officer or 5% or greater owner of the Employer,
that employee is only eligible to participate in the Trusts if the Employer is: (a) a corporation; or
(2) a limited liability company (“LLC”) that elected to be treated as a corporation on Treasury
Form 8832.
Sole pr opri etors a nd pa rtners ma y not participate in the Trusts.
3.
Additional Conditions For Signatory Employers.
In order to cover Associates in
the Trusts, Signatory Employers must satisfy the following additional conditions. The Employer
hereby agrees to these conditions:
a. Full Bargaining Agreement. The Employer must be signatory to a full-
compliance collective bargaining agreement or independent collective bargaining agreement
with the Regional Council or its affiliated local unions that requires contributions for
bargaining unit employees to the applicable Trust(s) (“
Collective Bargaining Agreement
”).
b. Work in Industry. The Employer must employ and report one or more
bargaining unit employees to the applicable Trusts for a minimum of 1,040 hours during each
preceding two-consecutive calendar-year period (e.g., 1,040 hours from January 1, 2011
through December 31, 2012). An Employer will have two full calendar years from the date
the Employer first signs this Agreement to comply with this requirement. The Employer will
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107.000 mem sg180402
be notified if this requirement is not satisfied, and if the Employer still has not satisfied the
requirement by the end of the third-consecutive calendar-year, this Agreement will be
terminated on January 1, following the end of the third-consecutive calendar year, unless the
Trustees extend the date for compliance based upon the facts and circumstances.
The Trustees may also determine based upon the facts and circumstances that
an Employer is not actively working in the industry and terminate this Agreement.
c. Employer Must Sign Written Agreement. The Employer must sign a written
Associate Agreement with the applicable Trusts.
d. Employer Must Employ Employee.
To be eligible to participate as an
Associate, an individual must actually be employed by the Employer that signs the Associate
Agreement. For example unemployed family members of the Employer or former employees
or retirees of the Employer may not participate.
4.
Enrollment.
The names of those employees the Employer elects to cover as
Associates, and the Trust in which each Associate will participate, have been listed by the
Employer on Appendix A. The Employer elects to cover those employees listed on Appendix
A as Associates.
The Employer is not required to cover all non-bargaining unit employees under this
Agreement. Nor is the Employer required to cover all enrolled Associates Employees in the
same Trusts. However, Associates must be enrolled in the Training Trust if the Employer’s
Collective Bargaining Agreement requires contributions to the Training Trust.
5.
Addition of Employees.
a. New Employees. Newly hired employees of the Employer who qualify as
Associates may be added to this Agreement within 60 days of the date of hire.
b. Change in Job Classification. Bargaining unit employees who become non-
bargaining employees may be added within 60 days of the date the employee becomes a
nonbargaining employee provided the nonbargaining employee qualifies as an Associate.
c. Failure to Enroll. Unless otherwise required by ERISA special enrollment
rules, an employee who is otherwise eligible, but is not enrolled for coverage at the time of
execution of this Agreement (or within 60 days of the date of hire or qualification for
enrollment due to a change in job classification) may not thereafter be added by the Employer
as an Associate until renewal of the Employer’s Collective Bargaining Agreement.
d. Documentation. An Employer’s request to add a new employee as an
Associate or to change an existing employee’s status from bargaining to nonbargaining (or vice
versa) must be made in writing to the Trust Office.
6.
Termination of an Associate.
An Employer may discontinue participation of an
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107.000 mem sg180402
Associate in one or more of the selected Trusts (except the Training Trust), however, once an
Associate’s participation is discontinued in a Trust, it may not thereafter be reinstated in that
Trust until renewal of the Employer’s Collective Bargaining Agreement, unless the employee
moves from a nonbargaining unit position to a bargaining unit position and back to a
nonbargaining position and participation in the selected Trusts is continuous.
7.
Hours to Report/Rate.
a. Health Trust. Contributions are to be paid to the Health Trust on a
monthly basis at a rate equal to 160 times the applicable hourly rate. The applicable hourly
rate for Signatory Employers is the rate set by the Employer’s Collective Bargaining
Agreement. The applicable rate for labor organizations and Training Trusts/Programs is the
rate set by the current Master Labor Agreement between the Regional Council and the AGC
of Washington (or where applicable, the Inland Northwest AGC).
b. Retirement Trust, Individual Account Trust (except 401(k) Elective Deferrals),
Training Trust. Contributions are paid to the Retirement Trust, Individual Account Trust (except
401(k) elective deferrals), and Training Trust on a monthly basis on 40 hours for each week, or
portion thereof, the Associate is paid or entitled to payment at the applicable hourly rate. The
applicable hourly rate for Signatory Employers is the rate set by the Employer’s Collective
Bargaining Agreement. The applicable rate for labor organizations and Training
Trusts/Programs is the rate set by the current Master Labor Agreement between the Regional
Council and the AGC of Washington (or where applicable, the Inland Northwest AGC or
Northwest Wall and Ceiling Contractors Association).
c. 401(k) Employee Elective Deferral Contributions. Associates who are
enrolled under this Associate Agreement in the Retirement Trust and Individual Account
Trust may elect 401(k) elective deferrals (“
Elective Contributions
”) to the Individual Account
Trust by filing the appropriate written election form with the Trust Office. Notwithstanding
the foregoing, in the case of an Associate employed by a Signatory Employer, Elective
Contributions are only permitted if the Signatory Employer has signed a Collective
Bargaining Agreement that allows for Elective Contributions for its bargaining unit
employees.
Associates may elect Elective Contributions in increments of $1.00 per hour for
each hour the Associate is paid or entitled to payment, up to the maximum allowed by the
Individual Account Trust.
If an Employer has received an effective election made by the Associate, Elective
Contributions must be made by the Employer by regular payroll deductions. Elective
Contributions that are withheld by an Employer must be paid to the Individual Account Trust
as soon as the contribution can be reasonably segregated from the Employer’s assets but not later
than fifteen (15) business days after the end of the calendar month in which the Contributions
are withheld. Elective Contributions must be made pursuant to the terms of the Individual
Account Plan, including but not limited to the Plan provisions governing the election period and
the nondiscrimination testing requirements.
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107.000 mem sg180402
d. Dues. If authorized by an Associate in a written authorization for check-
off submitted to the Employer in a form permitted by Section 302(c) of the Labor Management
Relations Act, as amended, the Employer will deduct working dues from the Associate’s wages
and transmit the dues with the Employer’s monthly contribution report. The Trusts will provide
acknowledgement forms to Employers with the Associate packet on which the Associate can
confirm an authorization for dues check-off.
8. Retirement and Individual Account Trust Nondiscrimination Testing.
A
condition of each Associate’s participation in the Retirement Trust and Individual Account Trust
is that the Employer continue to satisfy the Internal Revenue Code § 401(a)(4), § 401(k), and
§ 410(b) nondiscrimination tests. The Employer will provide whatever documentation is
necessary for the Retirement Trust and Individual Account Trust to determine that the Employer
is in full compliance. If the Retirement Trust or Individual Account Trust determines that the
Employer has failed a nondiscrimination test, the participation of an Associate may be
terminated retroactively to the date of noncompliance, or the Trustees may take whatever other
action is necessary to comply with the test.
9.
Effective Date of Agreement.
The effective date of this Agreement is indicated by
the parties at the end hereof. The Trustees may periodically request an updated Agreement as
part of the administrative process for monitoring participation of Associates.
10. Termination of Agreement.
a. Termination at Expiration of Collective Bargaining Agreement. An Associate
Agreement signed by a Signatory Employer will automatically terminate on the date the
Employer is no longer party to a full-compliance Collective Bargaining Agreement or
independent Collective Bargaining Agreement providing for payment of contributions to the
applicable Trust.
b. Termination by Trusts. The Trustees may terminate an Associate
Agreement as to any and all Trusts prior to expiration of a Collective Bargaining Agreement if:
(1) the Employer fails to remit when due contributions required for its Associates or bargaining
unit employees; or (2) the acceptance by the Trustees of contributions would jeopardize the tax
exempt status of the Trust or be subject to serious question as to the legality of all or any part
thereof under applicable law; or (3) the application for a written Associate Agreement was made
under false pretenses, or subsequent discovery indicates that the Employer does not meet the
eligibility requirements; or (4) the Employer no longer works in the industry as determined under
this Agreement or in the discretion of the Trustees; or (5) the Employer refuses to sign an
updated Associate Agreement as requested by the Trustees.
c. Failure of Nondiscrimination Test. If an Employer fails the Internal Revenue
Code § 410(b) nondiscrimination test, the Trustees may terminate an Associate Agreement or an
Associate’s participation with respect to the Retirement Trust and/or Individual Account Trust.
This Agreement or an Associate’s participation may be terminated retroactively if necessary to
comply with § 410(b).
d. Termination by Employer. An Employer may terminate this Agreement with
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107.000 mem sg180402
respect to all of its employees, but cannot thereafter request a new Agreement until renewal of
the Employer’s Collective Bargaining Agreement.
11. Agreement to be Bound by Trust Agreements and Plans.
The Employer hereby
adopts and agrees to comply with all the terms and conditions of the Trust Agreement(s) under
which the Employer has agreed to make contributions. The Employer further agrees that all
contributions which it makes to the Trust(s) shall be for the exclusive benefit of the Associates
and their beneficiaries and shall be made pursuant to this Contribution Agreement, the Trust
Agreement(s) and the Trust Plan(s). The Employer agrees to be bound by all of the obligations
of these agreements. The term
Trust Agreement(s)
shall mean the Trust Agreements of the
Carpenters Health and Security Trust of Western Washington, the Carpenters Retirement Trust
of Western Washington, the Carpenters of Western Washington Individual Account Trust, and
the Carpenters-Employers Apprenticeship and Training Trust Fund of Western Washington.
12. Audits.
The Employer specifically agrees under the Trust Agreement(s) to
promptly furnish to the Trustees, on demand, any payroll records, information, data, reports or
documents reasonably required for the purposes of administration of the Trust(s) and to be
subject to audit by agents of the Trustees, of its financial and other records relating to
participation in one or more of these Trusts.
13. Delinquent Contributions - Additional Liabilities.
The Employer further
specifically agrees that it will be subject to the additional liabilities set forth in the Trust
Agreement(s) providing for payment of audit expenses, attorney fees, interest and liquidated
damages on any delinquent contributions as well as any delinquent contributions relating to
enrolled Associates, or persons for whom contributions should have been made in one or more
of the categories of Associates selected by the Employer.
14. Limitation of Trustee Liability.
The Employer agrees and understands that the
Trustees accept no liability for retirement benefits to Associates for contributions not made by
the Employer for eligible Associates prior to the effective date of this Agreement. The Trustees
shall not be liable for benefits payable to Associates for hours worked and contributions not
made where the Associate was at the time a participant in another pension or profit sharing plan,
or where such payment would be discriminatory under the Internal Revenue Code and
regulations adopted thereunder.
15. Limitation on Return of Contributions
. In the event contributions are made
improperly to one or more of the Trusts, or if for any reason, benefits cannot be paid to an
Associate, or if eligibility or benefits have been provided for the improperly paid contributions,
the Employer agrees and understands that contributions will NOT be returned to either the
Employer or to the Associate, except as may be allowed by the Trustees and under the Employee
Retirement Income Security Act of 1974, as amended.
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107.000 mem sg180402
THIS AGREEMENT is dated this ________ day of _________________, 20 , to be
effective ___________________________, 20 .
_______________________________________
By
_______________________________________
Print Name
_______________________________________
Title
_______________________________________
Employer Name
_______________________________________
By
_______________________________________
Print Name
_______________________________________
Title: _________________________________
Address: _______________________________
_______________________________________
Phone: ________________________________
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CARPENTERS TRUSTS OF WESTERN WASHINGTON
ASSOCIATES TO BE ENROLLED
APPENDIX A
Employee Name SSN
Job
Title
Check if
5%
or More
Owner
Check if
Officer of
Employer
Check if
Highly
Compensated*
Check Trusts in Which
Associate will Participate**
Health &
Security
Retirement &
Individual
Account
* Highly Compensated. The Trusts request this information to assist in the nondiscrimination testing required under Section 410(b) of the Internal Revenue Code. An
employee is Highly Compensated for 2017 if the employee is either:
1. A 5% owner of the company during 2016 or 2017; or
2. Received compensation in excess of $120,000 during 2016.
** Training Trust. If the Employer’s Collective Bargaining Agreement provides for payment of Contributions to the Training Trust, then contributions will be required to
the Training Trust in addition to the Trusts selected above.
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