Sheet Metal Workers' International Association
Local Union No.73
Pension Welfare and Annuity Funds

 











 




ARTICLE 3. CONTRIBUTIONS

3.1 EMPLOYER CONTRIBUTIONS.
Subject to the terms of this Section, Employer Contributions will be paid monthly up to and including the last payroll date in each and every calendar month on or before the fifteenth (15th) day of the following month. In the event that the Employer Contribution remains unpaid on the thirtieth (30th) day after the end of the month to which such contributions are due, an additional charge of fifteen percent (15%) of the amount of the Employer Contributions due must also be paid.

Notwithstanding any provision of this plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code.

3.3 DIRECT ROLLOVERS FROM THIS PLAN.
Effective for distributions made after December 31, 1992, the Participant, Surviving Spouse, or alternate payee who is a Spouse or former spouse, as described in Article 9.4 (herein referred to as the "Distributee") may, in accordance with Code Section 401(a)(31) and any rules or regulations thereunder, elect to have all or any portion of an eligible rollover distribution, as defined in Code section 402(c)(4), from this Plan as a direct rollover to an eligible retirement plan, described in Code section 402(c)(8)(B), subject to the following:

a) If the eligible rollover distribution for the taxable year of the Distributee is less than $200 (or such greater de minimis amount which the Plan Administrator or payor is permitted to exclude from the direct rollover option under Code section 401 (a)(31) and applicable rules and
regulations), the Distributee may not elect a direct rollover. Such distribution will be paid to the Distributee in a single sum payment and the 20% federal tax will not be withheld.

b) If the amount of the eligible rollover distribution is more than $200 but not more than $500 [or such greater amount as may be permitted under Code section 401 (a)(3 1) and other applicable rules and regulations], the Distributee must elect to have the entire eligible rollover distribution either (i) paid to the Distributee in a single sum payment of (ii) rolled directly to an eligible retirement plan.

c) If the eligible payroll distribution is more than $500, the Distributee may elect to split the distribution between a direct rollover and a direct single sum payment, provided the direct rollover is at least $500. The portion of the eligible rollover distribution which is not directly rolled to an eligible retirement plan will be subject to a 20% federal tax withholding.

d) Provided the written explanation described in the last paragraph of this Article 4.2 is timely provided to the Distributee, if the Distributee fails to make a direct rollover election and the amount of the distribution does not exceed $5,000, a single sum payment is deemed to have been elected and the 20% withholding, described in Code section 401(a)(31), will apply. If the amount of the distribution exceeds $5,000 it will remain in the Plan until the Distributee makes an election.

e) The Distributee may revoke a prior election to make (or not make) a direct rollover provided written notice of such revocation is received by the insurance company within a reasonable period prior to the date the distribution is scheduled for be made.

f) If the Distributee is a Spouse, such Spouse may not elect a direct rollover to a plan qualified under Code section 401(a)

g) Any direct rollover may be made by cash (wire transfer) or check to the eligible retirement plan's trustee or custodian, as applicable, or to the Distributee (for delivery to the eligible retirement's plan's trustee or custodian, as applicable), provided it cannot be negotiated by the Distributee.

h) In no event may a Distributee elect a direct rollover to more than one retirement plan.

The Plan Administrator must provide each Distributee, within the time and in the manner prescribed by Code section 401(a)(31) [including regulations and guidance issued thereunder], and prior to the date of any distribution, with a written, non technical explanation containing all the information required by Code section 402(f). Such written explanation will not apply to any distribution which is in accordance with Article 9.6 or is being made after the Participant has reached his normal retirement date, as defined in Article 6. 1. A Distributee described in the preceding sentence may waive the notice requirement provided he makes a positive election to make or not make a direct rollover.


 

 

Home Welfare Fund Pension Fund Annuity Fund Forms Map & Directions Links