ARTICLE 1. DEFINITIONS

1.1 ANNUITY STARTING DATE means the first day of the first period for which an amount under this Plan is paid as an annuity or any other form.

1.2 BENEFICIARY means the person designated to receive any amount payable under this Plan by reason of the Participant's death.

1.3 CODE means the Internal Revenue Code of 1986, as amended, and includes regulations thereunder.

1.4 COLLECTIVE BARGAINING AGREEMENT or AGREEMENT means the written agreement between the Union and an Employer which requires Employer Contributions to the Trust Fund and which is written in conformance with language acceptable to the Trustees. The term "Collective Bargaining Agreement" or "Agreement" will also include any amendments, supplements or modifications thereto.

1.5 CONTRACT means a group annuity contract or contracts issued by the Insurer including any agreements or riders issued in connection therewith, or as a part thereof, which may provide accident indemnity, waiver of premium, or deposit continuation on total and permanent disability.

1.6 EFFECTIVE DATE means June 1, 1992.

1.7 EMPLOYEE means a person employed by a Contributing Employer who is a member of Sheet Metal Workers' International Association Local Union No. 73 and is covered by the Collective Bargaining Agreement with Chicagoland Sheet Metal Contractors Association or any written Agreement requiring Employer contributions to be made to this Trust Fund. The term "Employee" shall include a leased employee of an Employer, within the meaning of Section 414(n) of the Internal Revenue Code, who otherwise meets the conditions for participating vesting, and benefit accrual under the Plan.

1.8 EMPLOYER or CONTRIBUTING EMPLOYER means any Employer who is bound by a Collective Bargaining Agreement with the Union and agrees to be bound by the Trust Agreement, or any Employer who is not a party to such Collective Bargaining Agreement but who satisfies the requirements for participation as established by the Trustees and agrees to be bound by the Trust Agreement.

1.9 EMPLOYER CONTRIBUTIONS means, with respect to any Contributing Employer, payment due from or made by such Contributing Employer to the Trust Fund pursuant to this Plan and the Trust Agreement, and the Collective Bargaining Agreement or other written Agreement requiring payments to the Trust Fund. Employer contributions are further described in Article 3. 1.

1.10 HOUR OF SERVICE means:

(a) each hour for which an Employee is paid, or entitled to payment, by an Employer for the performance of duties. These hours will be credited to the Employee for the computation period or periods in which the duties are performed, and

(b) each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by an Employer, to the extent that such award or agreement is intended to compensate an Employee for periods during
which the Employee would have been engaged in the performance of duties for the Employer. These hours will be credited to the Employee for the computation period or periods to which the award or agreement pertains rather than the computation period or periods in which the award, agreement or payment is made.

For purposes of this Article 1. 10, "computation period" is a Plan Year.

1.11 INSURER means any legal reserve life insurance company which issues Contracts under the Plan.

1.13 NORMAL RETIREMENT DATE means the date described in Article 6. 1.

1.14 6-MONTH BREAK IN SERVICE means a 6 consecutive month period beginning on the date a Participant terminates employment and during which no contributions have been made on his behalf by an Contributing Employer. Solely for the purpose of determining whether a Participant has incurred a Break in Service, any leave of absence granted by an Employer, up to 12 weeks, that qualifies under the Family and Medical Leave Act (FMLA) shall not be counted as a Break in Service.

1.15 PARTICIPANT means any Employee covered by the Plan, including any terminated or retired former Employee who is receiving, or entitled to receive, benefits under the Plan.

1.16 PLAN means the Sheet Metal Workers' International Association Local Union No. 73 Annuity Plan.

1.17 PLAN ANNIVERSARY means June 1, 1993 and the anniversary of such date in each succeeding year.

1.18 PLAN YEAR means each 12 consecutive month period beginning June 1 and ending May 31.

1.19 SPOUSE or SURVIVING SPOUSE means for all purposes of the Plan except Article 8, the spouse to whom the Participant is married on his Annuity Starting Date or other distribution date, whichever applies. For purposes of Article 8, the term "Spouse" or "Surviving Spouse" means the spouse to whom the Participant is married at the time of death, except that a former spouse will be treated as the Spouse or Surviving Spouse, and a current spouse will not be treated as the Spouse or Surviving Spouse, to the extent provided under a qualified domestic relations order, as described in Code Section 414(p).

1.20 TRUST means the legal entity created by execution of the Plan and the Trust Agreement, to which Employer Contributions are made for the purpose of distributing the corpus and income to Participants and Beneficiaries in accordance with the Plan.

1.21 TRUST AGREEMENT means the Sheet Metal Workers' International Association Local Union No. 73 Annuity Plan Trust Agreement which evidences the existence of the Trust Fund, and includes any amendments thereto.

1.22 TRUST FUND means the distinct legal entity created by the Trust Agreement, as well as all property, monetary and Contract rights held by the Trustees pursuant to the Trust Agreement. The Trust Fund is the Sheet Metal Workers' International Association Local Union No. 73 Annuity Fund.

1.23 TRUSTEE or TRUSTEES means the Trustees of the Trust Fund and any successors thereafter appointed.

1.24 UNION means the Sheet Metal Workers' International Association Local Union No. 73, Chicago, Illinois, or any successor to its operations which adopts or continues this Plan.

1.25 VALUATION DATE means the date the Investment Administrator determines the value of an investment vehicle. Valuation Dates will occur on dates determined by the Investment Administrator, but at least on the last business day of a calendar month. Valuation will occur at the end of each such day, according to the Investment Administrator's then current procedures.

1.26 VESTED INTEREST means the nonforfeitable, unconditional right of a Participant or his Beneficiary to 100% of an immediate or deferred benefit under the Plan which right is legally enforceable against the Trust.

1.27 PARTICIPANT ACCOUNT means the interest of a Participant in the Fund as shown in the records maintained pursuant to the terms of this Plan and Agreement and Declaration of Trust.

1.28 INVESTMENT ADMINISTRATOR means the entity designated by the Trustees to determine the value of investment vehicles, determine and fix the amount in each Participant's Account and administer all Employee investment elections.

1.29 COMPENSATION as described in Section 5.1 (b), as if fully set forth herein.