Common use of EMPLOYEE BENEFIT FUNDS Clause in Contracts

EMPLOYEE BENEFIT FUNDS. A. The Contractors agree to pay contributions on behalf of all employees covered by this Agreement to the established employee benefit funds in the amount designated in the appropriate Schedule A; provided, however, that the Contractor and the Union agree that only such bona fide employee benefits as are explicitly required under Section 220 of the New York State Labor Law shall be included in this requirement and paid by the Contractor on this Project. Bona fide jointly trusted fringe benefit plans established or negotiated through collective bargaining during the life of this Agreement may be added if similarly protected under Section 220. Contractors shall not be required to contribute to non-Section 220 benefits, trusts, or plans. B. The Contractor agrees to be bound by the written terms of the legally established Trust Agreements specifying the detailed basis on which payments are to be paid into and benefits paid out of, such Trust Funds but only with regard to work done on this Project and only for those employees to whom this Agreement requires such benefit payments. C. In the event that the Contractor becomes delinquent on the foregoing obligations and upon notification of at least fifteen (15) days from the date of a default from any affiliated Local Union that a signatory employer has become delinquent in the payment of Fund contributions due in connection with the work on this Project, the Contractor authorizes the County to immediately stop payment on all monies due or which may become due to the delinquent Contractor up to the amount alleged to be owed from this Project and to pay all such funds directly to the complaining Local Union to be applied against the amounts owed by the defaulting Contractor in order to ensure the full and timely remittance of all union dues, IAF, PAC and fringe benefit funds, including but not limited to Health and Welfare, Pension, Annuity, Legal Service, Education and Training, S.U.B., Apprenticeship (hereafter “Funds” or “Fund”) due the affiliated Local Unions as provided for in all applicable collective bargaining agreements between the Local Unions and signatory employers which have contracted to perform work on the subject construction Project. Before such payment is made, the County shall first advise the defaulting Contractor in writing of the complaint made by the Local Union and the amounts claimed and shall allow the defaulting Contractor a period of ten (10) days from the date of notification to produce a written letter signed by the Business Manager of the complaining Local Union that the amount in default has been paid in full and the Contractor is current in the remittance of Funds or a bona-fide explanation acceptable to the complaining Local Union of why in the Contractor’s opinion the amounts are not due as alleged. In the event of such a bona-fide dispute, the County shall use its best effort to act as an initial arbiter and take action it then deems appropriate. D. No monies, however, shall be paid to the delinquent employer who may request arbitration of the dispute in accordance with Section 8.0 herein. In the event such request in writing is not delivered to the County of Rockland, Construction Representative, within ten (10) days from the date of notification to the defaulting Contractor, the County shall immediately pay over to the Fund Administrator of the complaining Local Union all monies due the defaulting Contractor to the extent necessary to satisfy the amounts payable to the Contractor by the County for the Project. None of the foregoing is to be construed as having created a debt on the part of the County to the Local Union. Both the Contractor and the complaining Local Union agree that there shall be no strike, work stoppage or disruption pending resolution of the dispute. E. Notwithstanding any other provisions of this Agreement, including any provisions to arbitrate disputes, the members of a Local Union can elect to refuse to perform services for a delinquent employer any time after a Benefit Fund delinquency exceeds forty-five (45) days, on five (5) calendar day’s written notice the President of the Council and the County. The provisions of Section 10.2 shall remain in full force and effect with respect to all other Local Union members working on the Project. If a Contractor fails to contribute to a Local Union’s Benefit Funds because of the Contractor’s inability to collect payment from the County for work performed on the Project, the County agrees that the Contractor shall not be removed from the job for non- performance which results from a Local Union’s members refusing to perform services as set forth in this Section.

EMPLOYEE BENEFIT FUNDS. A. Section 7.1 On all work performed during the term of this Agreement, the Contractors agree to pay for (or, to deduct and transmit) the sums set forth in this Agreement to the Edu- cational Fund, the local Welfare Fund, the local Pension Fund, the National Pension Fund, the Saving Fund, the Defined Contribution Fund, the International Training Fund pursuant to the Agreements and Declarations of Trust applicable to each such fund. (a) The Trust Agreements for Plumbers Local Number 8 Health and Welfare Fund, Plumbers Local Number 8 Pension Fund, and Plumbers and Gasfitters Local Number 8 Defined Contribution Plan dated June 1, 2005, March 6, 2005 and March 8, 2005 respectively as amended from time to time, are hereby incor- porated by this reference into this Agreement. The Trust Agreements are to be included in this Agreement as if they were fully set forth herein. (b) The employer agrees to make contributions to the Plumbers and Pipefitters National Pension Fund in accordance with the Standard Form of Participation Agreement, attached to and made part of this agreement. Section 7.2 It is agreed that the Pension Plan adopted by the Trustees of the said Pension Funds shall at all times conform with requirements of the Internal Revenue code so as to enable the Employer at all times to treat contributions to the Pension Fund as a deduction for income tax purposes. Section 7.3 It is agreed that all contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an indepen- dent Certified Public Accountant audit the payroll and wage records of the employ- er for the purpose of determining the accuracy of contributions to all fringe funds. After initial notification of payroll audit by fringe benefit auditing agency, employer may reschedule audit one time, excluding emergencies. Any further delay by em- ployer will be subject to additional penalty of two hundred fifty dollars ($250.00) per postponement. Section 7.4 Contributions to the funds described in Article 7.1, under this Agreement, shall be payable on or before the 10th day of the month following the month in which the contributions were accumulated. If the contributions are not paid by the 15th of the month, the Union shall be relieved of its no- strike obligation with respect to the Contractor involved and shall be free to strike or take other action against such Con- tractor. The employer shall be liable for all costs for collecting the payments due, including attorney’s fees and such late payment fees which may be assessed by the Trustees. (a) Should a determination be made that there exists or will exist an accumulated funding deficiency for a particular trust under the provisions of the Pension Reform Act of 1974 and The Pension Protection Act of 2006, the parties agree to request the trustees of that particular trust to reduce the benefits in order to correct such underfunding, providing, however, that if such reduction is not ac- cepted by the trustees of such trust within thirty (30) days, would be inadequate to correct the underfunding, or is not approved by the Secretary of Labor, the parties hereto shall meet and arrive at an agreement for an immediate adjust- ment of the hourly wage rates in this Agreement in order to correct such funding deficiency in such trust fund. In no event shall the total wage and benefit pack- age be increased. (b) The Contractors agree to be bound by all of the terms and conditions of the Agreement and Declaration of Trust (Section 7.3), a copy of which has been or will be signed by the Association. Any Contractor so adopting and becoming a party to said Agreement and Declaration of Trust thereby ratifies, accepts and designates as its representatives the Employer Trustees then serving as such and authorize said Employer Trustees to designate additional Employer Trustees and successor Employer Trustees in accordance with the terms and condition hereof. (c) Employers who are 30 days or more delinquent, upon receiving delinquency notification from Fund Office, may have their manpower pulled from all proj- ects covered under the Local CBA at the discretion of the Business Manager. However, Employers who are 60 days or more delinquent, upon receiving de- linquency notification from Fund Office, will have their manpower pulled from all projects covered under the Local CBA, unless they can post a fringe bond ten (10) times the amount of their delinquency. Section 7.5 The Contractors agree to pay contributions the amount stated on behalf the respective wage grid per hour on each hour worked on work coming within the provisions of all employees covered by this Agreement to the established employee benefit funds in the amount designated in the appropriate Schedule A; provided, however, that the Contractor and the Union agree that only such bona fide employee benefits as are explicitly required under Section 220 of the New York State Labor Law shall be included in this requirement and paid by the Contractor on this Project. Bona fide jointly trusted fringe benefit plans established or negotiated through collective bargaining during the life of this Agreement may be added if similarly protected under Section 220. Contractors shall not be required to contribute to non-Section 220 benefits, trusts, or plans. B. The Contractor agrees an Industry Development Fund to be bound by the written terms of the legally established Trust Agreements specifying the detailed basis on which payments are to be paid into and benefits paid out of, such Trust Funds but only with regard to work done on this Project and only for those employees to whom this Agreement requires such benefit payments. C. In the event that the Contractor becomes delinquent on the foregoing obligations and upon notification of at least fifteen (15) days from the date of a default from any affiliated Local Union that a signatory employer has become delinquent in the payment of Fund contributions due in connection with the work on this Project, the Contractor authorizes the County to immediately stop payment on all monies due or which may become due to the delinquent Contractor up to the amount alleged to be owed from this Project and to pay all such funds directly to the complaining Local Union to be applied against the amounts owed by the defaulting Contractor in order to ensure the full and timely remittance of all union dues, IAF, PAC and fringe benefit funds, including but not limited to Health and Welfare, Pension, Annuity, Legal Service, Education and Training, S.U.B., Apprenticeship (hereafter “Funds” or “Fund”) due the affiliated Local Unions as provided for in all applicable collective bargaining agreements between the Local Unions and signatory employers which have contracted to perform work on the subject construction Project. Before such payment is made, the County shall first advise the defaulting Contractor in writing of the complaint made by the Local Union and the amounts claimed and shall allow the defaulting Contractor a period of ten (10) days from the date of notification to produce a written letter signed by the Business Manager of the complaining Local Union that the amount in default has been paid in full and the Contractor is current in the remittance of Funds or a bona-fide explanation acceptable to the complaining Local Union of why in the Contractor’s opinion the amounts are not due as alleged. In the event of such a bona-fide dispute, the County shall use its best effort to act as an initial arbiter and take action it then deems appropriate. D. No monies, however, shall be paid to the delinquent employer who may request arbitration of the dispute administered in accordance with Section 8.0 herein. In an Agreement and Declaration of Trust which shall be used for the event such request in writing is not delivered to purpose of promoting the County of Rockland, Construction Representative, within ten (10) days from the date of notification to the defaulting Contractor, the County shall immediately pay over to the Fund Administrator good and welfare of the complaining Local Union all monies due industry in accordance with the defaulting Contractor to the extent necessary to satisfy the amounts payable to the Contractor by the County for the Project. None of the foregoing is to be construed as having created a debt on the part of the County to the Local Union. Both the Contractor and the complaining Local Union agree that there shall be no strike, work stoppage or disruption pending resolution of the dispute. E. Notwithstanding any other provisions of this Agreement, including any provisions to arbitrate disputes, the members of a Local Union can elect to refuse to perform services for a delinquent employer any time after a Benefit Fund delinquency exceeds forty-five (45) days, on five (5) calendar day’s written notice the President of the Council and the County. The provisions of Section 10.2 shall remain in full force and effect with respect to all other Local Union members working on the Project. If a Contractor fails to contribute to a Local Union’s Benefit Funds because of the Contractor’s inability to collect payment from the County for work performed on the Project, the County agrees that the Contractor shall not be removed from the job for non- performance which results from a Local Union’s members refusing to perform services as purpose set forth in this Sectionthe Declara- tion.

EMPLOYEE BENEFIT FUNDS. A. The Contractors Contractor and sub-contractors agree to pay contributions on behalf of all employees covered by this Agreement to the established employee benefit funds in the amount amounts designated in the appropriate Schedule A; provided, however, that the Contractor and the Union agree that only such bona fide employee benefits as are explicitly required under Section 220 of the New York State Labor Law shall be included in this requirement and paid by the Contractor on this ProjectExhibit B CBAs. Bona fide jointly trusted fringe benefit plans established es- tablished or negotiated through collective bargaining during the life of this Agreement may be added if similarly protected under Section 220. Contractors shall not be required to contribute to non-Section 220 benefits, trusts, or plansadded. B. The Contractor agrees and sub-contractors agree to be bound by the written terms of the legally established Trust Agreements specifying the detailed basis on which payments are to be paid into into, and benefits paid out of, of such Trust Funds but only with regard to work Project Work done on under this Project Agreement and only for those employees to whom this Agreement requires such benefit bene- fit payments. Any Contractor performing Project Work that is not a signatory to an Exhibit B CBA, will be required to sign and file with the CM, with a copy to the appropriate Local Union, an “Affidavit of Compliance with the PLA” in the form described as Exhibit F hereto so that such Affidavit may be filed with the Local Union and its related Trust Funds. C. In the event that the Contractor becomes delinquent on the foregoing obligations and upon notification of at least fifteen (15) days from the date of a default from any affiliated Local Union that a signatory employer has become delinquent in the payment of Fund contributions due in connection with the work on this ProjectThe CM, the Contractor authorizes the County to immediately stop payment on all monies due or which may become due to the delinquent Contractor up to the amount alleged to be owed from this Project and to pay all such funds directly to the complaining Local Union to be applied against the amounts owed by the defaulting Contractor sub-contractor, as applicable, in order to ensure the full and timely remittance of all union dues, IAF, PAC PAC, and fringe benefit funds, including but not limited to Health and Welfare, Pension, Annuity, Legal Service, Education and Training, S.U.B., Apprenticeship (hereafter “"Funds” " or “"Fund”") due the affiliated Local Unions Union Benefit Funds and the Labor Management Alliance as provided for in all applicable collective bargaining agreements Exhibit B CBA’s or this PLA between the Local Unions and signatory employers and/or a supplier which have has contracted to perform de- liver construction materials to the Project using members of Teamsters Local 456 ("Supplier") agrees that it will, upon notification given to the CM or Contractor as applicable, from any affili- ated Local Union or the Building Traced Council of not more than twenty-one (21) days from the date when the Union knew or should have known signatory Contractor, sub-contractor or Supplier, as applicable, has become delinquent in the payment of Fund contributions (“21-Day Notice”) due in connection with the work on this Project, or the subject delivery of construction Projectmateri- als to the Project (“Delinquent Employer”), (i) immediately stop payment on all monies due or which may become due to the delinquent signatory employer or suppler up to the amount alleged to be owed from this Project and (ii) pay all such funds directly to the complaining Local Union Benefit Funds, which shall apply the funds against the amounts owed by the Delinquent Employ- er or Supplier. The 21-Day Notice to be effective shall include at a minimum a detailed break- down of the delinquency amount, how it was calculated, the relevant dates, names of employees, the hours at issue, and the relevant job xxxxxxx reports. Before such payment is made, the County CM, the Contractor or sub-contractor, as applicable, shall first advise the defaulting Contractor delinquent Employer or Supplier, in writing of the complaint made by the Local Union and the amounts claimed (“10- Day Notice Letter”) and shall allow the defaulting Contractor Delinquent Employer or Supplier a period of ten (10) days from the date of notification to produce a written letter signed by the Business Manager of the complaining Local Union that the delinquent amount in default has been paid in full and the Contractor Delinquent Employer or Supplier is current in the remittance of contributions to the complaining affiliate's Benefit Funds (“Payment in Full Letter”) or a bona-fide explanation acceptable to the complaining complain- ing Local Union of why in the Contractor’s signatory Delinquent Employer's or the Supplier's opinion the amounts are not due as allegedalleged or the matter has been otherwise resolved. In the event of such a bona-fide disputedispute the CM, the County shall Contractor or sub-contractor will use its best effort to act as an initial ini- tial arbiter and take action it then deems appropriate. D. (1) No monies, however, monies shall be paid to the delinquent employer a Delinquent Employer or Supplier who may request arbitration of the dispute in accordance with the expedited arbitration procedure in Article 7, Section 8.0 4 herein. Article 9 herein. There will be no strike, work stoppage or disruption pending resolution of the dispute. (2) In the event such request a Payment in writing Full Letter is not delivered to produced by the County of Rockland, Construction Representative, Delinquent Employer or Supplier within ten (10) days from the date of notification to the defaulting Contractordelinquent signatory employer or supplier, the County CM, the Contractor or subcontractor shall immediately immediate- ly pay over to the Fund Administrator of the complaining Local Union all monies due and owing to the defaulting Contractor Delinquent Employer or Supplier, but only to the extent necessary to satisfy the amounts payable to the Contractor Delinquent Employer or Supplier by the County Contractor or subcon- tractor for work performed or construction materials delivered to the Project. None of the foregoing is to be construed as having created a debt on the part of the County CM, the Contrac- tor to the Local Union. Both Union Benefit Funds for unpaid Funds of the signatory Delinquent Em- ployer or Supplier except to the extent that (a) there are funds payable to the signatory Delinquent Employer or Supplier (b) Benefit Fund contributions are overdue to the Local Unions for work by the signatory Delinquent Employer or for construction materials de- livered by the Supplier for work on this Project and with proper notice as herein provided, and (c) the CM, the Contractor or the sub-contractor received a timely 21-Day Notice, and (d) the complaining Local Union agree that there shall CM, the Contractor, as applicable, paid the unpaid Funds to the Delinquent Employer. (3) There will be no strike, work stoppage or disruption pending resolution of the dispute. E. Notwithstanding any other provisions of this Agreement, including any provisions to arbitrate disputes, the members of a Local Union can elect to refuse to perform services for a delinquent employer any time after a Benefit Fund delinquency exceeds forty-five (45) days, on five (5) calendar day’s written notice the President of the Council and the County. The provisions of Section 10.2 shall remain in full force and effect with respect to all other Local Union members working on the Project. If a Contractor fails to contribute to a Local Union’s Benefit Funds because of the Contractor’s inability to collect payment from the County for work performed on the Project, the County agrees that the Contractor shall not be removed from the job for non- performance which results from a Local Union’s members refusing to perform services as set forth in this Section.the

EMPLOYEE BENEFIT FUNDS. A. The Contractors agree to pay contributions on behalf of all employees covered by this Agreement to the established employee benefit funds in the amount designated in the appropriate Schedule A; provided, however, that the Contractor and the Union agree that only such bona fide employee benefits as are explicitly required under Section 220 of the New York State Labor Law shall be included in this requirement and paid by the Contractor on this Project. Bona fide jointly trusted fringe benefit plans established or negotiated through collective bargaining during the life of this Agreement may be added if similarly protected under Section 220. Contractors shall not be required to contribute to non-Section 220 benefits, trusts, trusts or plans. B. The Contractor agrees to be bound by the written terms of the legally legally-established Trust Agreements specifying the detailed basis on which payments are to be paid into and benefits paid out of, such Trust Funds but only with regard to work done on this Project and only for those employees to whom this Agreement requires such benefit payments. C. In the event that the Contractor becomes delinquent on the foregoing obligations and upon notification of at least fifteen (15) days from the date of a default from any affiliated Local Union that a signatory employer has become delinquent in the payment of Fund contributions due in connection with the work on this Project, the Contractor authorizes the County Rockland Green to immediately stop payment on all monies due or which may become due to the delinquent Contractor up to the amount alleged to be owed from this Project and to pay all such funds directly to the complaining Local Union to be applied against the amounts owed by the defaulting Contractor in order to ensure the full and timely remittance of all union dues, IAF, PAC and fringe benefit funds, including but not limited to Health and Welfare, Pension, Annuity, Legal Service, Education and Training, S.U.B., Apprenticeship (hereafter “Funds” or “Fund”) due the affiliated Local Unions as provided for in all applicable collective bargaining agreements between the Local Unions and signatory employers which have contracted to perform work on the subject construction Project. Before such payment is made, the County Rockland Green shall first advise the defaulting Contractor in writing of the complaint made by the Local Union and the amounts claimed and shall allow the defaulting Contractor a period of ten (10) days from the date of notification to produce a written letter signed by the Business Manager of the complaining Local Union that the amount in default has been paid in full and the Contractor is current in the remittance of Funds or a bona-fide explanation acceptable to the complaining Local Union of why in the Contractor’s opinion the amounts are not due as alleged. In the event of such a bona-fide dispute, the County Rockland Green shall use its best effort to act as an initial arbiter and take action it then deems appropriate. D. No monies, however, shall be paid to the delinquent employer who may request arbitration of the dispute in accordance with Section 8.0 herein. In the event such request in writing is not delivered to the County of RocklandRockland Green, Construction Representative, within ten (10) days from the date of notification to the defaulting Contractor, the County Rockland Green shall immediately pay over to the Fund Administrator of the complaining Local Union all monies due the defaulting Contractor to the extent necessary to satisfy the amounts payable to the Contractor by the County Rockland Green for the Project. None of the foregoing is to be construed as having created a debt on the part of the County Rockland Green to the Local Union. Both the Contractor and the complaining Local Union agree that there shall be no strike, work stoppage or disruption pending resolution of the dispute. E. Notwithstanding any other provisions of this Agreement, including any provisions to arbitrate disputes, the members of a Local Union can elect to refuse to perform services for a delinquent employer any time anytime after a Benefit Fund delinquency exceeds forty-five (45) days, on five (5) calendar day’s written notice the President of the Council and the CountyRockland Green. The provisions of Section 10.2 shall remain in full force and effect with respect to all other Local Union members working on the Project. If a Contractor fails to contribute to a Local Union’s Benefit Funds because of the Contractor’s inability to collect payment from the County for work performed on the Project, the County agrees that the Contractor shall not be removed from the job for non- performance which results from a Local Union’s members refusing to perform services as set forth in this Section.of