Common use of Governmental Rulings Clause in Contracts

Governmental Rulings. (a) This Agreement and the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan incorporated in Exhibits F-1 and F-2 hereof shall not be effective prior to receipt by the Company of rulings, satisfactory to the Company, from Canadian governmental authorities: (1) permitting Supplementation as defined in the Income Maintenance Benefit Plan, and (2) from the Minister of National Revenue holding that the Income Maintenance Benefit Plan is acceptable to the Minister of National Revenue as a "registered Supplementary Unemployment Benefit Plan" under the provisions of section 145 of the Canadian Income Tax Act, R.S.C. 1985, c.1 (5th supplement), as amended, now in effect or as hereafter may be amended during the term of this 2016 Supplemental Agreement. (b) The Company shall apply promptly for the rulings described in subsection (a) of this section. (c) Notwithstanding any other provisions of this Agreement or the Income Maintenance Benefit Plan or the Voluntary Termination of Employment Plan, the Company, with the consent of Unifor, may, during the term of this Agreement, make revisions in such Plans not inconsistent with the purposes, structure, and basic provisions thereof which shall be necessary to obtain or maintain any of the rulings referred to in subsection (a) of this section 5 or in section 18 of the Income Maintenance Benefit Plan. Any such revisions shall adhere as closely as possible to the language and intent of the provisions outlined in such Plans. (d) In the event that rulings acceptable to the Company are not obtained, or having been obtained shall be revoked or modified so as to be no longer satisfactory to the Company, and it is determined by the Company that the Income Maintenance Benefit Plan cannot become effective without such rulings, the Company, within five working days after receipt of notice of disapproval, will give written notice thereof to the Union and this Agreement, the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan shall thereupon have no force or effect, in which event section 2 of this Agreement shall apply.

Governmental Rulings. (a) This The amendments to the Plan which are provided for in Section (1) of this Agreement and the Income Maintenance Benefit Plan which shall be implemented for Weeks beginning on and the Voluntary Termination of Employment Plan incorporated in Exhibits F-1 and F-2 hereof after November 20, 2023, shall not be effective prior subject to subsequent receipt by the Company of rulings, satisfactory ruling States Internal Revenue Service and the United States Department of Labor holding that such amendments will not have any adverse effect upon the favorable rulings previously received by the Company that: (i) contributions to any Funds established pursuant to the CompanyPlan constitute a currently deductible expense under the Internal Revenue Code, as now in effect, or under any other applicable federal tax law; and (ii) the Funds under the Plan qualify for exemption from Canadian governmental authorities: Federal income tax under Section 501(c) of the Internal Revenue Code; and (1iii) permitting Supplementation contributions by the Company to, and Benefits (except Automatic Short Week Benefits) paid out of the Funds are not treated as defined “wages” for purposes of the Federal Unemployment Tax, the Federal Insurance Contributions Act Tax, or Collection of Income Tax at Source on Wages, under Subtitle C of the Internal Revenue Code, (except as Benefits paid from the Funds are treated as if they were “wages” solely for purposes of Federal income tax withholding); and (iv) no part of any such contributions or of any payments made by the Company under the Plan are included for purposes of the Fair Labor Standards Act in the Income Maintenance Benefit Planregular rate of any Employee; provided, and however, that if the rulings referred to in this Subsection (2a) from the Minister are unfavorable, and are unfavorable because of National Revenue holding that the Income Maintenance Benefit Plan is acceptable to the Minister of National Revenue as a "registered Supplementary Unemployment Benefit Plan" under the provisions of section 145 of the Canadian Income Tax Act, R.S.C. 1985, c.1 (5th supplement)Plan, as amended, now in effect or as hereafter may be amended during regarding Automatic Short Week Benefits, this fact shall not delay the term effective date of this 2016 Supplemental Agreementthe other amendments to the Plan. (b) The Company shall apply promptly for the rulings described in subsection (a) of this section. (c) Notwithstanding any other provisions of this Agreement or the Income Maintenance Benefit Plan or the Voluntary Termination of Employment Plan, the Company, with the consent of Unifor, may, during the term of this Agreement, make revisions in such Plans not inconsistent with the purposes, structure, and basic provisions thereof which shall be necessary to obtain or maintain any of the rulings referred to in subsection (a) of this section 5 or in section 18 of the Income Maintenance Benefit Plan. Any such revisions shall adhere as closely as possible to the language and intent of the provisions outlined in such Plans. (d) In the event that rulings acceptable any ruling described in Subsection (a) above as to the Company are provisions of the Plan, as amended, regarding Automatic Short Week Benefits is not obtained, or having been obtained shall be revoked or modified so as to be no longer satisfactory to the Company; or in the event that any state, and it is determined by legislation or by administrative ruling or court decision, in the opinion of the Company: (i) does not permit Supplementation solely because of the provisions of the Plan, as amended, regarding Automatic Short Week Benefits; or (ii) in determining State System waiting week credit or benefits for a week, fails to treat as wages or remuneration, as defined in the law of the applicable State System, the amount of any Automatic Short Week Benefit paid for a Week which has one or more days in common with such State System week; or (iii) permits an Employee to start a waiting week or a benefit week under the law of the State System within a Week for which his Compensated or Available Hours, plus the hours for which an Automatic Short Week Benefit was paid to him, total at least 40; then, but in the latter cases only with respect to Employees in such state: (1) the Supplemental Unemployment Benefit Plan shall be amended to delete such provisions of the Plan which are the subject of such ruling, legislation, or court decision; (2) Automatic Short Week Benefits which would have been payable in accordance with such deleted provisions of the Plan shall be provided under a separate plan or plans incorporating as closely as possible the same terms as the deleted provisions; (3) Automatic Short Week Benefits which may become payable under such separate plan or plans shall be paid by the Company. (c) The Company that shall apply promptly to the Income Maintenance Benefit Plan cannot become effective without such rulingsappropriate agencies for the rulings described in Subsection (a) of this Section. (d) Notwithstanding any other provision of this Agreement or of the Plan, the Company, within five working days after receipt with the consent of notice the Director of disapprovalthe Stellantis Department of the Union, will give written notice thereof to may, during the Union and term of this Agreement, make revisions in the Income Maintenance Benefit Plan not inconsistent with the purposes, structure, and basic provisions thereof which shall be necessary to maintain any of the Voluntary Termination of Employment Plan shall thereupon have no force or effect, rulings referred to in which event section 2 Subsection (a) of this Section (5) of the Agreement. Any such revisions shall adhere as closely as possible to the language and intent of the provisions outlined in Exhibit D. (e) This Agreement shall applybecome effective on the 2023 Effective Date specified herein, provided the Company receives from the Union written notice that this Agreement and all collective bargaining agreements executed by the parties on the Effective Date, have been ratified by the Union.

Governmental Rulings. (a) This Agreement and The amendments to the Income Maintenance 2012 Canadian Supplemental Unemployment Benefit Plan, the 2008 Canadian Separation Payment Plan and the Voluntary Termination 2012 Canadian Automatic Short Week Benefit Plan provided for in Section 1 of Employment Plan this Agreement and incorporated in Exhibits F-1 C-1, C-2, and F-2 C-3 hereof and which shall not be effective prior implemented for Weeks beginning on or after September 26, 2016 shall be subject to subsequent receipt by the Company of rulings, satisfactory to the Company, from Canadian governmental authorities: (1) permitting continuance of Supplementation as defined in the Income Maintenance Canadian Supplemental Unemployment Benefit Plan, and holding that such amendments will not have any adverse effect upon the favourable rulings previously received by the Company, and (2) from the Minister of National Revenue holding that the Income Maintenance Canadian Supplemental Unemployment Benefit Plan is acceptable to the Minister of National Revenue as a "“registered Supplementary Supplemental Unemployment Benefit Plan" plan” under the provisions of section Section 145 of the Canadian Income Tax Act, R.S.C. 1985Chapter 63, c.1 (5th supplement)S.C. 1970-71-72, as amended, now in effect or as hereafter may be amended during the term of this 2016 Supplemental Agreement. (b) The Company shall apply promptly for the rulings described in subsection (a) of this sectionSection. (c) Notwithstanding any other provisions of this Agreement Agreement, the Canadian Supplemental Unemployment Benefit Plan, the Canadian Separation Payment Plan, or the Income Maintenance Canadian Automatic Short Week Benefit Plan or the Voluntary Termination of Employment Plan, the Company, with the consent of Uniforthe National President, Unifor may, during the term of this Agreement, make revisions in such Plans not inconsistent with the purposes, structure, and basic provisions thereof which shall be necessary to obtain or maintain any of the rulings referred to in subsection (a) of this section 5 Section 5, or in section 18 Article VII of the Income Maintenance Canadian Supplemental Unemployment Benefit Plan. Any such revisions shall adhere as closely as possible to the language and intent of the provisions outlined in such Plans. (d) In the event that rulings acceptable to the Company are not obtained, or having been obtained shall be revoked or modified so as to be no longer satisfactory to the Company, and it is determined by the Company that the Income Maintenance Benefit Plan cannot become effective without such rulings, the Company, within five working days after receipt of notice of disapproval, will give written notice thereof to the Union and this Agreement, the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan shall thereupon have no force or effect, in which event section 2 of this Agreement shall apply.

Governmental Rulings. (a) This The amendments to the Plan provided for in Section 1 of this Agreement and the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan incorporated in Exhibits F-1 Exhibit D-1 hereof and F-2 hereof which shall not be implemented for Weeks beginning on or after the effective prior date of this Agreement shall be subject to subsequent receipt by the Company of rulings, rulings satisfactory to the Company, if such rulings are deemed necessary by the Company, from Canadian governmental authoritiesthe United States Internal Revenue Service and the United States Department of Labor holding that such amendments will not have any adverse effect upon the favorable rulings previously received by the Company that: (1) permitting Supplementation as defined in the Income Maintenance Benefit Plan, Plan qualifies for exemption from Federal income tax under Section 501(c) of the Internal Revenue Code; and (2) from no part of any payments made by the Minister of National Revenue holding that the Income Maintenance Benefit Plan is acceptable to the Minister of National Revenue as a "registered Supplementary Unemployment Benefit Plan" Company under the Plan are included for purposes of the Fair Labor Standards Act in the regular rate of any Employee: provided, however, that if the rulings referred to in this subsection (a) are unfavorable, and are unfavorable because of provisions of section 145 of the Canadian Income Tax Act, R.S.C. 1985, c.1 (5th supplement)Plan, as amended, now in effect or as hereafter may be amended during regarding Automatic Short Week Benefits, this fact shall not delay the term effective date of this 2016 Supplemental Agreementthe other amendments to the Plan. (b) The Company shall apply promptly for In the rulings event that any ruling described in subsection (a) of this section. (c) Notwithstanding any other above as to the provisions of this Agreement or the Income Maintenance Benefit Plan or the Voluntary Termination of Employment Plan, the Companyas amended, with the consent of Unifor, may, during the term of this Agreement, make revisions in such Plans not inconsistent with the purposes, structure, and basic provisions thereof which shall be necessary to obtain or maintain any of the rulings referred to in subsection (a) of this section 5 or in section 18 of the Income Maintenance Benefit Plan. Any such revisions shall adhere as closely as possible to the language and intent of the provisions outlined in such Plans. (d) In the event that rulings acceptable to the Company are regarding Automatic Short Week Benefits is not obtained, or having been obtained shall be revoked or modified so as to be no longer satisfactory to the Company; or in the event that any state, and it is determined by legislation or by administrative ruling or court decision, in the opinion of the Company: (i) does not permit Supplementation solely because of the provisions of (1) The Supplemental Unemployment Benefit Plan shall be amended to delete such provisions of the Plan which are the subject of such ruling, legislation, or court decision; (2) Automatic Short Week Benefits which would have been payable in accordance with such deleted provisions of the Plan shall be provided under a separate plan or plans incorporating as closely as possible the same terms as the deleted provisions; (3) Automatic Short Week Benefits which may become payable under such separate plan or plans shall be paid by the Company. (c) If considered necessary, the Company that shall apply promptly to the Income Maintenance Benefit Plan cannot become effective without such rulingsappropriate agencies for the rulings described in subsection (a) of this Section. (d) Notwithstanding any other provisions of this Agreement or the Plan, the Company, within five working days after receipt with the consent of notice the Director of disapprovalthe General Motors Department of the Union, will give written notice thereof to may, during the Union and term of this Agreement, make revisions in the Income Maintenance Benefit Plan not inconsistent with the purposes, structure, and the Voluntary Termination of Employment Plan shall thereupon have no force or effect, in which event section 2 of this Agreement shall apply.basic provisions thereof which

Governmental Rulings. (a) This The amendments to the Prior Plan provided for in Section 1 of this Agreement and the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan incorporated in Exhibits F-1 X-0, X-0 and F-2 A-3 hereof shall not be effective prior to to (i) receipt by the Company from competent Canadian governmental authorities of rulingsrulings or legislative amendments permitting continuance of supplementation as defined in the Supplemental Unemployment Benefit Plan, and holding that such amendments will not have any adverse effect upon the favourable rulings previously received by the Company, and (ii) receipt by the Company from the Minister of National Revenue of a ruling, satisfactory to the Company, from Canadian governmental authorities: (1) permitting Supplementation as defined in the Income Maintenance Benefit Plan, and (2) from the Minister of National Revenue holding that the Income Maintenance Supplemental Unemployment Benefit Plan as amended is acceptable to the Minister of National Revenue as a "registered Supplementary Supplemental Unemployment Benefit Plan" Plan under the provisions of section 145 of the Canadian Income Tax Act, R.S.C. 1985, c.1 (5th supplement), as amended, now in effect or as hereafter may be amended during the term of this 2016 Supplemental Agreement. (b) The Company shall apply promptly for the rulings described in subsection Subsection (a) of this sectionSection. (c) Notwithstanding any other provisions of this Agreement or Agreement, the Income Maintenance Supplemental Unemployment Benefit Plan or the Voluntary Termination of Employment Plan, the CompanySeparation Payment Plan, or the Automatic Short Week Benefit Plan, the Company with the consent of Uniforthe National President of the Union, may, during the term of this Agreement, make revisions in such Plans not inconsistent with the purposes, structure, and basic provisions thereof which shall be necessary to obtain or maintain any of the rulings referred to in subsection this Section 5 (a) of this section 5 or in section 18 Article VII of the Income Maintenance Supplemental Unemployment Benefit Plan. Any such revisions shall adhere as closely as possible to the language and intent of the provisions outlined in such Plans. (d) In This Agreement shall become operative on October 17, 2016, which is the event that rulings acceptable to effective date of the Company are not obtainedCollective Bargaining Agreements, or having been obtained but the provisions of Section 1 shall be revoked or modified so as to be no longer satisfactory to the Company, and it is determined by the Company that the Income Maintenance Benefit Plan cannot become effective without such rulings, until the Company, within five working days after receipt of notice of disapproval, will give written notice thereof to the Union and this Agreement, the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan shall thereupon have no force or effect, in which event section 2 of this Agreement shall apply2016 Amendments Effective Date specified therein.

Governmental Rulings. (a) This The amendments to the Plan which are provided for in Section 1 of this Agreement and the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan incorporated in Exhibits F-1 Part B hereof and F-2 hereof which shall not be effective prior implemented for Weeks on or after November 23, 2015 shall be subject to subsequent receipt by the Company of rulings, rulings satisfactory to the Company, if such rulings are deemed necessary by the Company, from Canadian governmental authoritiesthe United States Internal Revenue Service and the United States Department of Labor, holding that such amendments will not have any adverse effect upon the favorable rulings previously received by the Company that: (i) contributions to the Fund established pursuant to the Plan constitute a currently deductible expense under the Internal Revenue Code, (ii) the Fund qualifies for exemption from Federal income tax under Section 501(c) of the Internal Revenue Code, (iii) contributions by the Company to, and Benefits (except Automatic Short Week Benefits) paid out of the Fund are not treated as “wages” for purposes of the Federal Unemployment Tax, the Federal Insurance Contributions Act Tax, or Collection of Income Tax at Source on Wages, under Subtitle C of the Internal Revenue Code (except as Benefits or Separation Payments paid from the Fund are treated as if they were “wages” solely for purposes of Federal income tax withholding as provided in the 1969 Tax Reform Act), and (iv) no part of any such contributions or of any Benefits paid are included for purposes of the Fair Labor Standards Act in the regular rate of any Employee; provided, however, that if the rulings referred to in this Subsection (a) are unfavorable and are unfavorable because of provisions of the Plan, as amended, regarding Automatic Short Week Benefits, this fact shall not delay the effective date of the other amendments to the Plan. (b) In the event that any ruling described in Subsection (a) of this Section as to the provisions of the Plan, as amended, regarding Automatic Short Week Benefits is not obtained, or having been obtained shall be revoked or modified so as to be no longer satisfactory to the Company; or in the event that any state, by legislation or by administrative ruling or court decision, in the opinion of the Company: (i) does not permit Supplementation solely because of the provisions of the Plan, as amended, regarding Automatic Short Week Benefits; or (ii) in determining State System “waiting week” credit or benefits for a Week, fails to treat as wages or remuneration, as defined in the law of the applicable State System, the amount of any Automatic Short Week Benefit paid for a Week which has one or more days in common with such State System Week; or (iii) permits an Employee to start a “waiting week” or a benefit week under the law of the State System within a Week for which his Compensated or Available Hours, plus the hours for which an Automatic Short Week Benefit was paid to him, total at least forty (40); then, but in the latter cases only with respect to Employees in such state: (1) permitting Supplementation as defined in The Supplemental Unemployment Benefit Plan shall be amended to delete such provisions of the Income Maintenance Benefit PlanPlan which are the subject of such ruling, andlegislation, or court decision; (2) from the Minister of National Revenue holding that the Income Maintenance Benefit Plan is acceptable to the Minister of National Revenue as a "registered Supplementary Unemployment Benefit Plan" under the Automatic Short Week Benefits which would have been payable in accordance with such deleted provisions of section 145 of the Canadian Income Tax Act, R.S.C. 1985, c.1 Plan shall be provided under a separate plan or plans incorporating as closely as possible the same terms as the deleted provisions; (5th supplement), as amended, now in effect 3) Automatic Short Week Benefits which may become payable under such separate plan or as hereafter may plans shall be amended during paid by the term of this 2016 Supplemental AgreementCompany. (bc) The Company shall apply promptly to the appropriate agencies for the rulings described in subsection Subsection (a) of this sectionSection. (cd) Notwithstanding any other provisions provision of this Agreement or of the Income Maintenance Benefit Plan or the Voluntary Termination of Employment Plan, the Company, with the consent of Uniforthe National Ford Director of the Union, may, during the term of this Agreement, make revisions in such Plans the Plan not inconsistent with the purposes, structure, and basic provisions thereof which shall be necessary to obtain or maintain any of the rulings referred to in subsection Subsection (a) of this section 5 Section or in section 18 Section 2 of Article VIII of the Income Maintenance Benefit Plan. Any such revisions shall adhere as closely as possible to the language and intent of the provisions outlined in such Plans. (d) In the event that rulings acceptable to the Company are not obtained, or having been obtained shall be revoked or modified so as to be no longer satisfactory to the Company, and it is determined by the Company that the Income Maintenance Benefit Plan cannot become effective without such rulings, the Company, within five working days after receipt of notice of disapproval, will give written notice thereof to the Union and this Agreement, the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan shall thereupon have no force or effect, in which event section 2 of this Agreement shall apply.Part B.

Governmental Rulings. (a) This Agreement and the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan incorporated in Exhibits F-1 D-1 and F-2 D-2 hereof shall not be effective prior to receipt by the Company of rulings, satisfactory to the Company, from Canadian governmental authorities: (1) permitting Supplementation as defined in the Income Maintenance Benefit Plan, and (2) from the Minister of National Revenue holding that the Income Maintenance Benefit Plan is acceptable to the Minister of National Revenue as a "“registered Supplementary Unemployment Benefit Plan" supplemental unemployment benefit plan” under the provisions of section Section 145 of the Canadian Income Tax Act, R.S.C. 1985Chapter 63, c.1 (5th supplement), as amended, now in effect or as hereafter may be amended during the term of this 2016 Supplemental Agreement.SC 1970-71- (b) The Company shall apply promptly for the rulings described in subsection (a) of this sectionSection. (c) Notwithstanding any other provisions of this Agreement or the Income Maintenance Benefit Plan or the Voluntary Termination of Employment Plan, the Company, with the consent of the National President, Unifor, may, during the term of this Agreement, make revisions in such Plans not inconsistent with the purposes, structure, and basic provisions thereof which shall be necessary to obtain or maintain any of the rulings referred to in subsection (a) of this section Section 5 or in section Section 18 of the Income Maintenance Benefit Plan. Any such revisions shall adhere as closely as possible to the language and intent of the provisions outlined in such Plans. (d) In the event that rulings acceptable to the Company are not obtained, or having been obtained shall be revoked or modified so as to be no longer satisfactory to the Company, and it is determined by the Company that the Income Maintenance Benefit Plan cannot become effective without such rulings, the Company, within five (5) working days after receipt of notice of disapproval, will give written notice thereof to the Union and this Agreement, the Income Maintenance Benefit Plan and the Voluntary Termination of Employment Plan shall thereupon have no force or effect, in which event section Section 2 of this Agreement shall apply.