Common use of PENSION & RETIREMENT FUND Clause in Contracts

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 2013, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 2013, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. No contributions are due on behalf of part-time helpers (off-the-street hires) who work during the peak season set forth in Appendix A, Section 2 (November 1st until January 1st); however, should the Company retain or rehire a helper within 60 days of January 1st, it shall retroactively make the appro- priate contributions on their behalf for their hours worked during peak season. Effective August 1, 2013, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2014, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2015, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2016, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2017, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Section 2 Failure on the part of the Employer to regularly contribute as specified herein above shall make it liable for all claims, damages, attorney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation submitted by the Pension Trustees setting forth the provisions relating to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written Agreement containing such provisions, providing that stipulation is consistent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌ Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement be declared to be in violation of the Labor Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment of contributions by the Employer to such Fund and such pro- visions are expressly declared to be saved from such illegality. Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators by virtue of contributions made to the Pension Fund, regard- less of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌ Section 9 If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced by said Trustees against any applicant, employee, Local Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced in any other place may be transferred to the County of Oneida, New York. This contract provision relating to venue is necessitated by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 2013, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment payment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 2013, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. No contributions are due on behalf of part-part- time helpers (off-the-street hires) who work during the peak season set forth in Appendix A, Section 2 (November 1st until January 1st); however, should the Company retain or rehire a helper within 60 days of January 1st, it shall retroactively make the appro- priate appropriate contributions on their behalf for their hours worked during peak season. Effective August 1, 2013, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2014, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $Dollar $ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2015, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2016, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2017, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Section 2 Failure on the part of the Employer to regularly contribute as specified herein above shall make it liable for all claims, damages, attorney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation submitted by the Pension Trustees setting forth the provisions relating to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written Agreement containing such provisions, providing that stipulation is consistent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulationstipulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials officials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌books. Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement be declared to be in violation of the Labor Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment payment of contributions by the Employer to such Fund and such pro- visions provisions are expressly declared to be saved from such illegality. Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators operators by virtue of contributions made to the Pension Fund, regard- less regardless of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌more. Section 9 If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced commenced by said Trustees against any applicant, employee, Local Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced commenced in any other place may be transferred to the County of Oneida, New York. This contract provision relating to venue is necessitated by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 2013, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment payment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 2013, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. No contributions are due on behalf of part-time helpers (off-the-street hires) who work during the peak season set forth in Appendix A, Section 2 (November 1st until January 1st); however, should the Company retain or rehire a helper within 60 days of January 1st, it shall retroactively make the appro- priate appropriate contributions on their behalf for their hours worked during peak season. Effective August 1, 2013, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2014, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2015, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2016, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2017, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Section 2 Failure on the part of the Employer to regularly contribute as specified herein above shall make it liable for all claims, damages, attorney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation submitted by the Pension Trustees setting forth the provisions relating to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written Agreement containing such provisions, providing that stipulation is consistent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌ Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement be declared to be in violation of the Labor Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment of contributions by the Employer to such Fund and such pro- visions are expressly declared to be saved from such illegality. Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators by virtue of contributions made to the Pension Fund, regard- less of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌ Section 9 If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced by said Trustees against any applicant, employee, Local Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced in any other place may be transferred to the County of Oneida, New York. This contract provision relating to venue is necessitated by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.ten

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 20132008, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment payment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 20132008, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following follow- ing month. No contributions are due on behalf of part-time helpers (off-the-street hires) who work during the peak season set forth in in‌‌‌ Appendix A, Section 2 (November 1st until January 1st); however, should the Company retain or rehire a helper within 60 days of January 1st, it shall retroactively make the appro- priate contributions appropriate contribu- tions on their behalf for their hours worked during peak season. Effective August 1, 20132008, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20142009, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20152010, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20162011, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20172012, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Section 2 Failure on the part of the Employer to regularly contribute as specified spec- ified herein above shall make it liable for all claims, damages, attorney attor- ney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations opera- tions of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation stipula- tion submitted by the Pension Trustees setting forth the provisions relating to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written writ- ten Agreement containing such provisions, providing that stipulation stipula- tion is consistent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulationstipulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions pro- visions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌books. Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement be declared to be in violation of the Labor Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment of contributions by the Employer to such Fund and such pro- visions are expressly declared to be saved from such illegality.illegality.‌‌ Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators opera- tors by virtue of contributions made to the Pension Fund, regard- less regardless of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌more. Section 9 If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced by said Trustees against any applicant, employee, Local Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced in any other place may be transferred to the County of Oneida, New York. This contract provision relating to venue is necessitated by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.York.‌‌‌‌

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 20132023, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 20132023, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury Trea- sury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. No contributions are due on behalf of part-time helpers (off-off- the-street hires) who work during the peak season set forth in Appendix Ap- pendix A, Section 2 (November 1st until January 1st15th); however, should the Company retain or rehire a helper within 60 days of January 1st15th, it shall retroactively make the appro- priate contributions appropriate contribu- tions on their behalf for their hours worked during peak season. Effective The current hourly pension contribution rate can be increased up to fifty cents ($0.50) each August 1, 2013, 1 during the Employer contributions life of this Agreement subject to the allocation process between Pension and Health and & Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined set forth in the National Master Agreement. Effective August 1, 2014, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2015, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2016, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2017, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master AgreementArticle 62 above. Section 2 Failure on the part of the Employer to regularly contribute as specified speci- fied herein above shall make it liable for all claims, damages, attorney attor- ney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations opera- tions of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation submitted by the Pension Trustees setting forth the provisions relating relat- ing to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written Agreement Agree- ment containing such provisions, providing that stipulation is consistent consis- tent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulationstipulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials officials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌books. Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement Agree- ment be declared to be in violation of the Labor Management Relations Rela- tions Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness effective- ness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment payment of contributions by the Employer to such Fund and such pro- visions provisions are expressly declared to be saved from such illegality. Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators opera- tors by virtue of contributions made to the Pension Fund, regard- less regardless of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌more. Section 9 If a regular employee is absent because of illness or off-the-job injury in- jury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee employ- ee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced by said Trustees against any applicant, employee, Local Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced in any other place may be transferred to the County of OneidaOnei- da, New York. This contract provision relating to venue is necessitated necessi- xxxxx by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 201320138, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment payment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 201320138, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. No contributions are due on behalf of part-part- time helpers (off-the-street hires) who work during the peak season set forth in Appendix A, Section 2 (November 1st until January 1st); however, should the Company retain or rehire a helper within 60 days of January 1st, it shall retroactively make the appro- priate appropriate contributions on their behalf for their hours worked during peak season. Effective August 1, 201320139, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2014, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2015201420, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2016201521, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2017201622, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $$ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 201723, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $ 1.00 per hour as outlined in the National Master Agreement. Section 2 Failure on the part of the Employer to regularly contribute as specified herein above shall make it liable for all claims, damages, attorney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation submitted by the Pension Trustees setting forth the provisions relating to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written Agreement containing such provisions, providing that stipulation is consistent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌ Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement be declared to be in violation of the Labor Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment of contributions by the Employer to such Fund and such pro- visions are expressly declared to be saved from such illegality. Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators by virtue of contributions made to the Pension Fund, regard- less of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌ Section 9 If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced by said Trustees against any applicant, employee, Local Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced in any other place may be transferred to the County of Oneida, New York. This contract provision relating to venue is necessitated by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 201320138, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment payment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 201320138, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. No contributions are due on behalf of part-time helpers (off-the-street hires) who work during the peak season set forth in Appendix A, Section 2 (November 1st until January 1st); however, should the Company retain or rehire a helper within 60 days of January 1st, it shall retroactively make the appro- priate appropriate contributions on their behalf for their hours worked during peak season. Effective August 1, 201320139, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2014, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2015201420, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2016201521, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 2017201622, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 201723, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 per hour as outlined in the National Master Agreement. Section 2 Failure on the part of the Employer to regularly contribute as specified herein above shall make it liable for all claims, damages, attorney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation submitted by the Pension Trustees setting forth the provisions relating to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written Agreement containing such provisions, providing that stipulation is consistent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulationstipulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials officials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌books. Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement be declared to be in violation of the Labor Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment payment of contributions by the Employer to such Fund and such pro- visions provisions are expressly declared to be saved from such illegality. Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators operators by virtue of contributions made to the Pension Fund, regard- less regardless of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌more. Section 9 If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced commenced by said Trustees against any applicant, employee, Local Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced commenced in any other place may be transferred to the County of Oneida, New York. This contract provision relating to venue is necessitated by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 20132018, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 20132018, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury Trea- sury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. No contributions are due on behalf of part-time helpers (off-off- the-street hires) who work during the peak season set forth in Appendix Ap- pendix A, Section 2 (November 1st until January 1st); however, should the Company retain or rehire a helper within 60 days of January 1st, it shall retroactively make the appro- priate contributions appropriate contribu- tions on their behalf for their hours worked during peak season. Effective August 1, 20132019, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 1. 00 per hour as outlined in the National Master Agreement. Effective August 1, 2014, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20152020, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 1. 00 per hour as outlined in the National Master Agreement. Effective August 1, 20162021, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $1.00 1. 00 per hour as outlined in the National Master Agreement. Effective August 1, 20172022, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $ 1. 00 per hour as outlined in the National Master Agreement. Effective August 1, 2023, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $ 1.00 per hour as outlined in the National Master Agreement. Section 2 Failure on the part of the Employer to regularly contribute as specified speci- fied herein above shall make it liable for all claims, damages, attorney attor- ney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations opera- tions of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation submitted by the Pension Trustees setting forth the provisions relating relat- ing to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written Agreement Agree- ment containing such provisions, providing that stipulation is consistent consis- tent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulationstipulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials officials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌books. Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement Agree- ment be declared to be in violation of the Labor Management Relations Rela- tions Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness effective- ness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment payment of contributions by the Employer to such Fund and such pro- visions provisions are expressly declared to be saved from such illegality. Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators by virtue of contributions made to the Pension Fund, regard- less of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌more. Section 9 If a regular employee is absent because of illness or off-the-job injury in- jury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee employ- ee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employeeemploy- ee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced commenced by said Trustees against any applicant, employee, Local Lo- cal Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced ac- tion commenced in any other place may be transferred to the County of Oneida, New York. This contract provision relating to venue is necessitated by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.

PENSION & RETIREMENT FUND. Section 1 Effective August 1, 20132008, the Employer agrees to contribute for paid hours to any or all of its employees covered by this agreement, but not to exceed the maximum contributions per week. Such pay- ment is to be made to the New York State Teamsters Pension and Retirement Fund. Effective August 1, 20132008, the Employer also agrees to contribute to any and all of its part-time employees covered by this Agreement, but not to exceed the maximum contribution per week payable to the New York State Teamster Pension and Retirement Fund Treasury on or before the tenth (10th) day of the month following the month in which said monies were accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following follow- ing month. No contributions are due on behalf of part-time helpers (off-the-street hires) who work during the peak season set forth in Appendix A, Section 2 (November 1st until January 1st); however, should the Company retain or rehire a helper within 60 days of January 1st, it shall retroactively make the appro- priate contributions appropriate contribu- tions on their behalf for their hours worked during peak season. Effective August 1, 20132008, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $one (1) dollar $ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20142009, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar‌‌ $one (1) dollar $ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20152010, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $one (1) dollar $ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20162011, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $one (1) dollar $ 1.00 per hour as outlined in the National Master Agreement. Effective August 1, 20172012, the Employer contributions to the Health and Welfare and Pension shall be increased a total of One Dollar $one (1) dollar $ 1.00 per hour as outlined in the National Master Agreement. Section 2 Failure on the part of the Employer to regularly contribute as specified spec- ified herein above shall make it liable for all claims, damages, attorney attor- ney fees, court costs, etc., plus all arrears in payments, plus a ten percent (10%) penalty. In the event the Union suspends the operations opera- tions of a defaulting Employer, the Union shall not be bound by any arbitrator or no-strike clause in this Agreement. The Employer and Union hereby agree simultaneously herewith to execute a stipulation stipula- tion submitted by the Pension Trustees setting forth the provisions relating to the Pension Fund as negotiated for General Freight Agreement and certifying that the Employer has entered into a written writ- ten Agreement containing such provisions, providing that stipulation stipula- tion is consistent with the terms of this agreement. The Fund Trustees may reserve the right to refuse to accept contributions from the Employers who fail to execute such stip- ulationstipulation. (See also Section 2 of Article 8). Section 3 The NYST Conference Pension and Retirement Fund may at any time check the payroll records on any and all employees of the Employer covered by this Agreement at a time mutually agreed upon at no extra charge to the Employer, but in the event it is found that the Employer has not been complying with the Pension and Retirement Fund provisions of this contract, the Employer shall pay the full cost of all checking of its books that they have been done and/or are later to be done by the Pension and Retirement Fund offi- cials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies as may exist, plus ten percent (10%) penalty, to the Pension and Retirement Fund office. Only the Employer who has been willfully violating the provisions of the Pension and Retirement Fund shall be charged with the cost of checking its books.‌‌‌‌‌books. Section 4 The Pension Fund shall be open to participation by any group of members belonging to a participating Local and any or all other employees of a participating Employer not members of the Union, provided all such employees are covered under rules, regulations, and other requirements that are or may be required by the Trustees. Section 5 Should any of the provisions of this Collective Bargaining Agreement be declared to be in violation of the Labor Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair the effectiveness of continuity of the provisions of this Article, which establish a Pension and Retirement Fund and provide for the pay- ment of contributions by the Employer to such Fund and such pro- visions are expressly declared to be saved from such illegality. Section 6 Payments to the fund must be paid by the Employer during the employees vacation periods. Section 7 If an employee is granted a leave of absence, the Employer shall collect from same employee, prior to the leave of absence being effective, sufficient monies to pay the required contributions into the Pension Fund during the period of absence. Section 8 There shall be no deduction from equipment rental of owner-oper- ators opera- tors by virtue of contributions made to the Pension Fund, regard- less regardless of whether the equipment rental is at the minimum rate or more.‌‌‌‌‌more. Section 9 If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than four (4) weeks. Section 10 All actions or proceedings commenced by any applicant, employee, Local Union or Employer, or anyone acting in their behalf, against the Pension Fund and/or Trustees thereof, and any action com- menced by said Trustees against any applicant, employee, Local Union or Employer pertaining to the said Pension Fund in any of its aspects, shall be brought in the appropriate Court in the County of Oneida, New York. It is specifically agreed that any action com- menced in any other place may be transferred to the County of Oneida, New York. This contract provision relating to venue is necessitated by the fact that the Pension Fund Office, with all its records and employees, is located in the County of Oneida, New York.