Common use of Employment for other Employers Clause in Contracts

Employment for other Employers. This paragraph (4) shall not apply with respect to any work by the Excluded Person for an Employer that is not a Controlled Employer or for an Employer as to which the individual is not an Excluded Person. Restated 1993 Trust Agreement (Inclusive of Amendments I through CVI) 54(5) This paragraph (5) applies if a Sideletter (as defined below) provides that a particular Employee will participate in, and contributions will be made to, his or her home pension and health plans with respect to employment by a specified Employer on one or more specified projects (or all projects) in lieu of one or more of the MPI Plans (as defined in paragraph (3) above). In that case, then in accordance with and subject to the Sideletter, the particular Employee shall not be a Participant and shall not earn any benefits or Credited Hours with respect to the Employee’s employment by the specified Employer on the project(s) specified by the Sideletter. In addition, except for purposes of determining whether the Employee is vested, the determination of whether the Employee has a Break in Service or earns Vesting Hours shall be made by ignoring such employment. A Sideletter is a Collective Bargaining Agreement (or addendum thereto), together with any applicable employee election forms, that (i) is among the Employer and an I.A.T.S.E. local Union or a Basic Crafts local Union (that is a Union named in paragraph (2), (3), (4), (6) or (10) of the definition of “Union”) and (ii) meets the conditions set forth in resolutions adopted by the Directors of the MPI Plans.

Employment for other Employers. This paragraph (4) shall not apply with respect to any work by the Excluded Person for an Employer that is not a Controlled Employer or for an Employer as to which the individual is not an Excluded Person. Restated 1993 Trust Agreement (Inclusive of Amendments I through CVICX) 54(5) This paragraph (5) applies if a Sideletter (as defined below) provides that a particular Employee will participate in, and contributions will be made to, his or her home pension and health plans with respect to employment by a specified Employer on one or more specified projects (or all projects) in lieu of one or more of the MPI Plans (as defined in paragraph (3) above). In that case, then in accordance with and subject to the Sideletter, the particular Employee shall not be a Participant and shall not earn any benefits or Credited Hours with respect to the Employee’s employment by the specified Employer on the project(s) specified by the Sideletter. In addition, except for purposes of determining whether the Employee is vested, the determination of whether the Employee has a Break in Service or earns Vesting Hours shall be made by ignoring such employment. A Sideletter is a Collective Bargaining Agreement (or addendum thereto), together with any applicable employee election forms, that (i) is among the Employer and an I.A.T.S.E. local Union or a Basic Crafts local Union (that is a Union named in paragraph (2), (3), (4), (6) or (10) of the definition of “Union”) and (ii) meets the conditions set forth in resolutions adopted by the Directors of the MPI Plans.

Employment for other Employers. This paragraph (4) shall not apply with respect to any work by the Excluded Person for an Employer that is not a Controlled Employer or for an Employer as to which the individual is not an Excluded Person. Restated 1993 Trust Agreement (Inclusive of Amendments I through CVICVII) 54(5) This paragraph (5) applies if a Sideletter (as defined below) provides that a particular Employee will participate in, and contributions will be made to, his or her home pension and health plans with respect to employment by a specified Employer on one or more specified projects (or all projects) in lieu of one or more of the MPI Plans (as defined in paragraph (3) above). In that case, then in accordance with and subject to the Sideletter, the particular Employee shall not be a Participant and shall not earn any benefits or Credited Hours with respect to the Employee’s employment by the specified Employer on the project(s) specified by the Sideletter. In addition, except for purposes of determining whether the Employee is vested, the determination of whether the Employee has a Break in Service or earns Vesting Hours shall be made by ignoring such employment. A Sideletter is a Collective Bargaining Agreement (or addendum thereto), together with any applicable employee election forms, that (i) is among the Employer and an I.A.T.S.E. local Union or a Basic Crafts local Union (that is a Union named in paragraph (2), (3), (4), (6) or (10) of the definition of “Union”) and (ii) meets the conditions set forth in resolutions adopted by the Directors of the MPI Plans.

Employment for other Employers. This paragraph (4) shall not apply with respect to any work by the Excluded Person for an Employer that is not a Controlled Employer or for an Employer as to which the individual is not an Excluded Person. Restated 1993 Trust Agreement (Inclusive of Amendments I through CVICXII) 54(555(5) This paragraph (5) applies if a Sideletter (as defined below) provides that a particular Employee will participate in, and contributions will be made to, his or her home pension and health plans with respect to employment by a specified Employer on one or more specified projects (or all projects) in lieu of one or more of the MPI Plans (as defined in paragraph (3) above). In that case, then in accordance with and subject to the Sideletter, the particular Employee shall not be a Participant and shall not earn any benefits or Credited Hours with respect to the Employee’s employment by the specified Employer on the project(s) specified by the Sideletter. In addition, except for purposes of determining whether the Employee is vested, the determination of whether the Employee has a Break in Service or earns Vesting Hours shall be made by ignoring such employment. A Sideletter is a Collective Bargaining Agreement (or addendum thereto), together with any applicable employee election forms, that (i) is among the Employer and an I.A.T.S.E. local Union or a Basic Crafts local Union (that is a Union named in paragraph (2), (3), (4), (6) or (10) of the definition of “Union”) and (ii) meets the conditions set forth in resolutions adopted by the Directors of the MPI Plans.