Common use of Pension Clause in Contracts

Pension. The Employer shall not be obligated to make pension contributions from November 1, 2002 to October 31, 2011. 1. The Employer agrees to contribute the sum of twenty cents (20 cents) for each straight time hour worked by employees covered by this Agreement for the purpose of establishing and maintaining a pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between the first and twentieth days of each month the Employer shall make the required payment for the preceding calendar month to the Trustees of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and shall continue such payments for the term of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.

Pension. 18.1 Subject to the terms of this Article, the Employer shall continue to pay eighty cents (80₵) [effective August 1, 2017, one dollar and thirteen cents ($1.13)] for a period of twenty-four (24) months at which time the rate will be one dollar and twelve cents ($1.12) per hour for all hours paid with a maximum of forty (40) hours for all employees covered by this Agreement, into the Employer-Union Pension Fund, which shall be jointly administered by the Union and the Employer as provided in an agreement establishing such Pension Fund. Refer to the “Pension and Health and Welfare Interpretation Rules Addendum,” which is attached hereto and incorporated by reference as if fully set out herein. 18.2 The nature, type and extent of pension benefits to be provided shall be such as the Trustees in their discretion will determine, and which are in accordance with the Trust Agreement. 18.3 The Employer shall not be obligated required to make pension contributions from November on behalf of all employees for the first twelve (12) months of employment. The parties agree that the obligation to contribute begins on the first day of the thirteenth (13th) month of employment, with the first month being defined as the month in which the employee works his/her first hour. Example: An employee first works an hour for a contributing employer on July 25, 2011. The Employer’s obligation begins with hours worked on and after July 1, 2002 to October 31, 20112012. 118.4 Said Pension Fund shall be used to provide benefit pensions for eligible employees of the Employer as provided in a Pension Plan, the terms and provisions of which are to be agreed upon by the parties hereto. The Employer agrees Said Pension Plan shall, among other things, provide that all benefits under the Plan and costs, charges and expenses of administering the Plan and all taxes levied or assessed upon or in respect of said Plan or Trust or any income therefrom, shall be paid out of the Pension Fund. 18.5 Said Pension Plan and the Trust Agreement establishing the Pension Fund shall be submitted to contribute the sum United States Treasury Department and the United States Department of twenty cents (20 cents) for each straight time hour worked by employees covered by this Agreement Labor for the purpose approval and rulings satisfactory to the Employer, that said Plan is qualified under I. R.C, Section 401, et seq., and that no part of establishing and maintaining a pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked such payments shall be included in computing pension plan contributionsthe regular rate of pay of any employee. 218.6 It is understood and agreed that any and all steps necessary and advisable will be taken to obtain and maintain the approval and rulings of government agencies as outlined in Section 18.5 above, but payment of contributions to the Fund will not be delayed pending such approval and rulings; provided, however, that if such Plan is disapproved, then all contributions made by the Employer to the Pension Fund will be refunded to the Employer. 18.7 A copy of the Trust Agreement and any amendments thereto shall be made a part hereof as if herein at length set forth, when adopted. 18.8 If the Employer fails to make monthly Pension contributions as set forth herein, they shall be notified by certified or registered mail of their delinquency, by the Pension Plan Administrator, if said remittance is not paid within ten (10) days; notwithstanding any provision of this Agreement, the Union, without the necessity of giving any other further notice, shall have the right to strike or to take such action as it shall deem necessary until such delinquency payments are made. Between It is further agreed that in the first and twentieth days of each month event such action is taken, the Employer shall make the required payment for the preceding calendar month be responsible to the Trustees of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and shall continue such payments employees for the term of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6losses resulting therefrom. The Employer hereby authorizes and directs waives the requirement of any other notice or notices being given by the Pension Plan Administrator or by the Union to deposit with the Employer or anyone else other than such notice or notices expressly provided for in this Article. 18.9 The Employer agrees, upon reasonable notice, to allow records to be checked where necessary for Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenturecontributions.

Pension. (a) The Employer shall not be obligated contribute monthly to make pension contributions from November 1, 2002 the CWA/ITU Negotiated Pension Plan (hereinafter sometimes referred to October 31, 2011. 1. The Employer agrees to contribute as the Plan) the sum of twenty cents $14.00 per Journeyman Compositor, per straight-time shift (20 cents) for each straight time hour worked by employees covered by this Agreement 125% of contribution if working four day work week), for the purpose of establishing providing pension on retirement, death benefits and maintaining other related benefits for covered employees of the Employer for any compensatory shift, i.e., vacation, holidays, bereavement leave, jury duty. Contributions for Compositor-1 and Compositor-2 employees shall be in the same proportion as their wages are to Journeyman Compositor scale. In the event the trustees of the Plan choose to improve the Plan’s funded status by imposing a five- (5-) percent surcharge on pension plancontributions in 2010, the Employer agrees to pay the full cost of the surcharge. Paid vacationsIf the surcharge exceeds five (5) percent in either year of the agreement, the Employer and the employees shall equally split that portion of the surcharge that is above five (5) percent, with the employee portion paid sick leave through payroll deduction. The total surcharge will not exceed ten (10) percent of the contribution stated in the first paragraph of this provision. This Plan is jointly administered by Trustees appointed in equal numbers by the Union and paid holidays are considered as hours worked in computing pension plan contributionsEmployers under an Agreement and Declaration of Trust, and has been found by the Internal Revenue Code to be entitled to exemption under the Internal Revenue Code. 2. Between the first (b) Contributions shall be made payable and twentieth days of each month the Employer shall make the required payment for the preceding calendar month forwarded to the Trustees of the CWA/ITU Negotiated Pension Plan, at 0000 000 X. Xxxxxx XxxxxxXxx., Xxx XxxxxxxxxXxxxx 000, Xxxxxxxxxx 00000 and shall continue such payments for Xxxxxxxx Xxxxxxx, Colo. 80903, no later than the term 20th of this Agreement or as required the following month, together with reports on forms furnished by any subsequent and succeeding agreement. 3the Plan. The Employer shall comply with all provisions supply to the chapel chairman a copy of either the Union representative’s copy of Negotiated Pension Plan remittance forms or a copy of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indentureprintout forms on a monthly basis. 4. (c) The Employer accepts the terms of recognizes that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject addition to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5Union’s right to enforce this section, the Union shall have the right to take any legal action necessary to collect any contributions or monies due and owing to the Plan. The Employer further agrees that the Trustees shall have the right to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plancollect reasonable attorneys’ fees expenses incurred in connection therewith. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.

Pension. The Employer shall not be obligated make weekly contributions to make pension contributions from November 1the Western Pennsylvania Teamsters and Employers Pension Fund and to the Southwestern Pennsylvania and Western Maryland Area Teamsters and Employers Pension Fund, 2002 to October 31respectively, 2011. 1. The Employer agrees to contribute the sum of twenty cents (20 cents) for each straight regular full- time hour worked by employees employee covered by this Agreement who has been on the payroll thirty (30) working days or more. The weekly Health and Welfare and Pension contributions shall be allocated by the respective Joint Supplemental Area Negotiating Committees, subject to the approval of the Joint National Negotiat- ing Committee. This fund shall be the Western Pennsylvania Teamsters and Employ- ers Pension Fund. There shall be no other pension fund under this contract for operations under this contract or for operations to which Employers who are party to this contract are also parties, except for Southwestern Pennsylvania and Western Maryland Area Teamsters and Employers Pension Fund which is currently in effect. By the execution of this Agreement, the Employer authorizes the Employers’ associations which are party hereto to enter into appro- priate trust agreements necessary for the purpose administration of establishing such fund, and maintaining a pension planto designate the Employer trustees under such agreement, hereby waiving all notice thereof and ratifying all actions already taken by such trustees within the scope of their authority. Paid vacationsIf an Employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between the first and twentieth days of each month the Employer shall continue to make the required payment contributions for a period of four (4) weeks. If an Employee is injured on the preceding calendar month 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 six (6) months. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the Trustees leave of absence being effective, sufficient moneys to pay the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and required con- tributions into the pension fund during the period of absence. There shall continue such payments for the term be no deduction from equipment rental of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, owner-oper- ators by virtue of the contributions made to the pension fund, re- gardless of whether the equipment rental is at the minimum rate or more, and regardless of the manner of computation of owner-driver compensation. Contributions to the pension fund must be made for each week for each regular full-time employee, even though such employee may work only part-time under the provisions of this section contract, including weeks where work is performed for the Em- ployer but not under the provisions of this contract, and although contributions may be made for those weeks into some other pen- sion fund. Employees who work either temporarily or in accordance case of emergency under the terms of this contract shall not be covered by the provisions of this paragraph. Disputes or questions of interpretation concerning the requirement to make contributions on behalf of particular employees or classifica- tions of employees must be submitted directly to the Conference Joint Area Committee by either the local union or the trustees. In the event of such disputes or questions, the Company shall not be deemed to be delinquent while the matter is being considered, but if the Conference Joint Area Committee, by majority vote, determines that contributions are required, the company shall pay to the trust fund the amounts due together with said Section 3.01 of Article HI of said Trust Indenture.any other charges uniformly applicable to past due con-

Pension. The Each Employer working in Racine, Kenosha, Milwaukee, Waukesha, Ozaukee and Washington shall not be obligated to make pension contributions from November 1, 2002 to October 31, 2011. 1. The Employer agrees to contribute pay the sum of twenty cents (20 cents) designated amount for each straight time hour worked by all employees covered by this Agreement for the purpose of establishing Agreement. Contributions to be sent to the Building Trades United Pension Trust Fund, Milwaukee and maintaining a pension planVicinity, X.X. Xxx 000, Xxx Xxxxx, XX 00000-0000. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between Payment must be made at the first and twentieth days end of each month month, but no later than the Employer shall make the required payment for the preceding calendar month to the Trustees fifteenth (15th) day of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and shall continue such payments for the term of this Agreement or as required by any subsequent and succeeding agreement. 3following month. The Employer shall comply with all provisions of Association and the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amendedUnion, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees all Employers covered by this Agreement, agree to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said the Trust Indenture Agreement, the Building Trades United Pension Trust Fund, and by all the terms of said Pension Plan, by virtue actions and rules of the provisions Trustees administering such Pension Fund in accordance with the Trust Agreements and regulations of the Trustees, provided that such Trust Agreements, actions, regulations and rules shall not be inconsistent with this section Agreement. Each Employer covered by this Agreement hereby accepts all succeeding Trustees as will be appointed under and in accordance with said Section 3.01 the Trust Agreements. Such Employer hereby ratifies all actions already taken or to be taken by such Trustees within the scope of Article HI their authority. Payments to the Pension Fund are to be made at the end of each month in which the work was performed, but no later than the fifteenth (15th) day of the following month, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in his payments to the Fund, and after the Trustees have advised the delinquent Employer, in writing, of said Trust Indenturedelinquency and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, 20% of such delinquent payments and further such delinquent Employers shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund’s Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorney’s fees and any other costs and expenses reasonably arising in connection with any collection action. If the Employees are removed from the job by the Union to enforce such delinquent payments including liquidated damages, the Employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly rate.

Pension. The Employer shall not be obligated to make pension contributions from November 1, 2002 to October 31, 2011. Section 1. The Union and the Employer agree to be bound by, and hereby assent to, all of the terms of the Trust Agreement creating said Milwaukee Drivers Pension Trust Fund, all of the rules and regula- tions hereto and hereafter adopted by the Trustees of said Trust Fund pursuant to said Trust Agreement, and all of the actions of the Trustees in administering such Trust Fund in accordance with the Trust Agreement and rules adopted. Section 2. The Employer hereby accepts as Employer Trustees the present Employer Trustees appointed under said Trust Agreement and all such past or succeeding Employer Trustees as shall have been or will be appointed in accordance with the terms of the Trust Agreement. Section 3. The Union hereby accepts as Union Trustees the present Union Trustees appointed under the Trust Agreement and all such past or succeeding Union Trustees as shall have been or will be appointed in accordance with the terms of the Trust Agreement. Section 4. The Trustees agree to accept the Employer as a participant in the Milwaukee Drivers Pension Trust Fund. Section 5. Effective the first (1st) day of August, 2007, at 12:01 a.m., the Employer agrees to contribute to the Milwaukee Drivers Pension Trust Fund the sum of twenty cents Two Hundred Fifteen Dollars and Twenty- Eight Cents (20 cents$215.28) per week or such other sum as shall be pro- vided for in the collective bargaining agreement which is in effect from time to time between the Employer and the Union for each straight time hour worked employee as defined below. Effective August 1, 2008, and on each subsequent August 1st dur- ing the life of this agreement, the Employer agrees to contribute an additional Forty Dollars ($40.00) per week for combined weekly health and welfare and pension contributions which shall be allocat- ed amongst the respective Trust Funds as apportioned by employees covered by this Agreement the Local Union. These contributions provide for any additional increases in premiums to maintain the purpose of establishing present benefits and/or provide for addi- tional coverage under the health and maintaining a welfare, dental insurance, or improvements in the pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between (A) Each person who is a regular full-time employee within the first meaning of the applicable collective bargaining agreement between the Employer and twentieth days the Union who has been in the employ of each month his/her Employer for sixty (60) days. (B) Contributions will be made with respect to such employee only for a workweek in which he/she receives some compensation from his/her Employer, except as follows: (1) If he/she 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 payment contributions for a period of four (4) weeks. If he/she is injured on the preceding calendar month to job, the Trustees of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and Employer shall continue to pay the required contributions until he/she returns to work. However, such payments contributions shall not be paid for the term a period of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.more than fifty-two

Pension. The Employer shall not Genetic Counselors and Genetic Counselor Coordinators will be obligated covered under the IFPTE Local 20 Northern California Region Pension Plan, which is referred to make pension contributions as the Xxxxxx Permanente Employee Pension Plan (KPEPP). The following provisions will become effective in conjunction with the wage rate adjustment: Retirement coverage going forward for Genetic Counselors and Genetic Counselor Coordinators will be as specified under terms of Article XXIII Health and Welfare of the Collective Bargaining Agreement. Employees will convert from November the TPMG – Plan 1, 2002 in which they presently are enrolled, into the Xxxxxx Permanente Employees’ Pension Plan (KPEPP). Conversion will be seamless, and current years in the TPMG–Plan 1 will count toward vesting credit in the KPEPP. Post Retirement Medical benefits will be the same as those offered to October 31employees who are covered under KPEPP. Employer contributions to Plan 2, 2011. 1. The Employer agrees to contribute the sum of twenty cents (20 cents) for each straight time hour worked by employees covered by this Agreement and voluntary Employee payroll deductions for the purpose of establishing contributing to Plan 3, will cease. Prior contributions to these plans will remain in employees’ accounts, and maintaining employees will continue to receive statements and have access to direct and allocate funds in those accounts. Eligible employees who were in the bargaining unit and receiving Employer contributions to Plan 2 on the date of ratification (April 20, 2011), or who were on an authorized leave, will be eligible to receive three lump sum payment(s) representing a pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between the first and twentieth days total of each month the Employer shall make the required payment for the preceding calendar month to the Trustees sixteen point five percent (16.5%) of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and shall continue such payments for their eligible annual earnings over the term of this Agreement or as the agreement, less taxes and other deductions required by any subsequent law as follows: 5% - Payable the first pay period in October, 2011 (Pay Period 22) 5% - Payable the first pay period in October, 2012 (Pay Period 22) 6.5% - Payable the first pay period in October, 2013 (Pay Period 22) The above will be based on the preceding 12-month period upon ratification and succeeding agreement. 3needs to be mutually agreed upon. At time of each payment, eligible employee’s must be in the bargaining unit and considered an active employee or be on an authorized leave. The eligibility rules for participation in this Plan 2 Buyout, and determination of eligible earnings, will be the same as those used for Employer shall comply with all provisions contributions to Plan 2 for non-union, non-exempt employees. Employees will be eligible to enroll in the KP Salary Deferral Plan (KP 401(k)), outlined in Article XXIII Health and Welfare of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4Collective Bargaining Agreement. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party Employees wishing to said Trust Indenture subject contribute to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5voluntary 401(k) plan available to IFPTE Local 20 members must complete and submit enrollment forms provided by the Employer for that purpose to Vanguard. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension PlanAbsence 9, as amended10, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx11, Xxx Xxxxxxxxx12, Xxxxxxxxxx 0000013, a duplicate original of this Collective Bargaining Agreement which when so deposited14, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.21 Deductions for Full-Day Absences Generally – (Exempt Employees) .......................................................................................................... 10 .......................................................................................................... ..........................................................................................................

Pension. As a new employee you will automatically become a member of the Local Government Pension Scheme from the date of your appointment. You will find full details of the scheme in the Welcome to the LGPS - New Member Pack on the Avon Pension Fund website. Please complete the Pension Scheme Membership Form and any other relevant forms. Please send or email the completed form(s) to Payroll Services at Xxxxxx Park, xxxxxxx0@xxxxxxx.xx.xx. If you wish to transfer another pension into this scheme, please speak to Avon Pension within 1 year. Please note that, as you work for an employer which participates in the Local Government Pension Scheme, key payroll data may be provided to bodies responsible for auditing and administering public funds for the purposes of preventing and detecting fraud under the government’s National Fraud Initiative. For more details, see xxx.xxxxxxxxxxxxxxx.xxx.xx/xxx or contact Avon Pension Fund, Bath & N.E. Somerset Council, Riverside, Keynsham, BS31 1LA. Bath Spa University will be subject to auto-enrolment legislation and should you be an eligible job holder at that date you will be automatically enrolled into a suitable pension scheme even if you have previously opted out. - xxxxx://xxxxx.xxxxxxx.xx.xx/display/FIN/Pensions+at+Bath+Spa+University The Employer shall not be obligated University is fully committed to make pension contributions from November 1providing equality of opportunity for all its staff and students, 2002 to October 31, 2011. 1applicants and visitors. The Employer agrees University will not tolerate unfair or unlawful discrimination on the grounds of any of the nine protected characteristics, a full copy of the Equality Policy can be viewed on Equality and Diversity webpages xxxxx://xxxxx.xxxxxxx.xx.xx/display/ED/Equality+and+Diversity You are reminded of your responsibilities for health and safety at work under Sections 7 & 8 of the Health and Safety at Work etc. Act 1974. These include the duty to contribute take reasonable care to avoid injury to yourself and others by your work activities or omissions and to co-operate with your employer in the sum discharge of twenty cents (20 cents) for each straight time hour worked by employees covered by his statutory duties. In signing this Agreement contract you are signifying acceptance of the University’s Health and Safety Policy as shown on our website. When you are working for the purpose University you are representing the University. You must therefore be courteous and polite at all times. The University may inform you that your name will be removed from the pool of establishing and maintaining Casual Workers if you have not carried out your duties in a pension planproper manner, or if you have behaved inappropriately or for any other reason. Paid vacations, paid sick leave and paid holidays are considered In such circumstances this agreement will terminate with immediate effect without the right to compensation. The University operates a no-smoking policy to promote a healthier working environment as hours worked in computing pension plan contributions. 2shown on our website. Between the first and twentieth days of each month the Employer shall make the required payment When working for the preceding calendar month University you shall act in accordance with the Data Protection Act 2018 and all applicable legislation relating to the Trustees protection of individuals with regards to the Pension Planprocessing of personal data to which Bath Spa University is subject. You must ensure that you are fully aware of and comply with Bath Spa University policies related to data protection and data security, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 including the Data Protection Policy and shall continue such payments Information Governance Policy. You acknowledge that Bath Spa University will hold personal data relating to you which is necessary or reasonably required for the term proper performance of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance connection with said Section 3.01 of Article HI of said Trust Indenture.your employment, including:

Pension. The ‌ Effective August 1, 2006, the Employer shall pay into the Bricklayers Local 7 Pension Trust Fund, the amount set forth in Appendix A of this Agreement, for each hour worked by each and every employee on all work covered by this Agreement. The contributions set forth in this paragraph may be increased during the term of this Agreement in accordance with Article IV, of this Agreement. Such contributions are for the sole and exclusive purpose of providing pension benefits and for the expenses of Trust and Plan administration pursuant to the terms of the Pension Trust and Plan as adopted, and from time to time amended, by the Trustees. Each Employer signatory hereto, or represented by the Dealers, agrees to be bound by the terms of said Trust as revised from time to time. The total amount due for each calendar month shall be remitted in a lump sum not be obligated to make pension contributions from November 1, 2002 to October 31, 2011. 1later than fifteen (15) days after the last business day of such month. The Employer agrees to contribute abide by such rules as may be established by the sum Trustees of twenty cents (20 cents) the Bricklayers Local 7 Pension Trust to facilitate the determination of the hours for which contributions are due, the prompt and orderly collection of such amounts and accurate reporting and recording of such amounts paid on account of each straight time hour worked by employees employee covered by the Agreement. Failure to make all payments herein provided for within the time specified, shall be a breach of this Agreement; but no strike action shall be taken before the expiration of 1 work day after the giving of written notice to the defaulting employer of said default. Written notice shall be deemed to have been given by sending said notice by facsimile, or hand-delivery, or certified mail to the last known address of said defaulting employer. The Employer hereby agrees to, and is bound by, all the terms and conditions of the Bricklayers Local 7 Pension Trust Agreement. Plan, and as they may from time to time, be amended, as though the Employer had actually signed the individual documents. The Pension Plan was established pursuant to the Agreement and Declaration of Trust by and between the Xxxxx Builders Association and Bricklayers Local 7, effective January 1, 1976, as amended. Payments to the Pension Trust are for the exclusive purpose of establishing providing pension benefits and maintaining a pension planto defray the cost of administration of the Pension Trust. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between the first and twentieth days of each month the Employer shall make the required payment for the preceding calendar month to It is agreed that the Trustees of the Pension PlanTrust shall be fully empowered and authorized, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and shall continue such payments for the term of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions on behalf of the Pension Trust Indenture and shall maintainparties hereto, furnish and make available for audit at Employer’s office such data and records as to take any action deemed appropriate by the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San FranciscoTrustees, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms including amendment or modification of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to trust instrument or the terms thereof as indicated in Section 3.01 of Article M of said Trust Indentureplan adopted pursuant thereto. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.

Pension. PLAN 23.1 (1994) The Employer Fairmont Hotels Pension Plan for Unionized Employees at The Fairmont Hotel Vancouver shall not be obligated to make pension contributions from November 1, 2002 to October 31, 2011administered and controlled by Fairmont Hotels & Resorts. 123.2 (1994) The Company shall provide to all eligible employees a pension plan whose terms and conditions shall be those terms and conditions as set out in the The Fairmont Hotels Pension Plan for Unionized Employees at The Fairmont Hotel Vancouver. 23.3 (2002) A regular employee whose name appears on List “A” shall become eligible to participate in the Pension Plan following six (6) months of continuous employment at The Fairmont Hotel Vancouver and having maintained an average of thirty (30) regular hours of work per week. Membership in the Pension Plan shall be mandatory for all said eligible regular employees. Should employees be transferred from List “A” to List “B”, they shall remain on the Pension Plan. 23.4 (2002) A regular employee who is not eligible as per the provisions of article 23.3 or whose name appears on List “B” may voluntarily join The Employer agrees Fairmont Hotels Pension Plan for Unionized Employees at The Fairmont Hotel Vancouver on the first day of any month coincident with or following the date on which they complete twenty-four (24) months of continuous service and have earned the equivalent of at least thirty-five percent (35%) of the Year's Maximum Pensionable Earnings (YMPE), or has worked at least seven hundred (700) hours or more in each of the past two (2) consecutive calendar years of service immediately prior to contribute joining the sum of twenty cents (20 cents) Pension Plan. In the event that a regular employee whose name appears on List “B” is awarded position under List “A” and has not yet become eligible for each straight time hour worked by participation in the Pension Plan, then said employee shall become eligible as per the provisions stated in article 23.3 prior to exercising his/her option to join the Pension Plan. 23.5 In addition to this, the following specific terms shall apply to the eligible employees covered by this Agreement Collective Agreement: (a) the employer and the employee shall contribute 3.2% of earnings up to the Yearly Maximum Pensionable Earnings (YMPE), and 5% of earnings over the Yearly Maximum Pensionable Earnings; (b) (2008) membership in the Plan shall be mandatory for the purpose of establishing and maintaining a pension plan. Paid vacations, paid sick leave and paid holidays are considered all eligible employees as hours worked in computing pension plan contributionsper article 23. 2. Between 23.6 (1994) The vesting rules for The Fairmont Hotels Pension Plan for Unionized Employees at The Fairmont Hotel Vancouver shall be as follows: (a) as of the first and twentieth days of each month the Employer shall make the required payment for the preceding calendar month to the Trustees day of the Pension Planfirst pay period of 1991, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and shall continue such payments for the term of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of an employee who has not acquired vesting rights under the Pension Trust Indenture and shall maintainPlan for Unionized Employees of Fairmont Hotels & Resorts at The Fairmont Hotel Vancouver, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided but has two (2) years or more of Plan membership in the Pension Trust Indenture. 4. Plan for Unionized Employees of Fairmont Hotels & Resorts at The Employer accepts Fairmont Hotel Vancouver shall, effective with the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms first day of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLANfirst pay period of 1991, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with acquire immediate vesting rights on employer's matching contributions under the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original for the Employees of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance Fairmont Hotels & Resorts; (b) as of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue first day of the provisions first pay period of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.1991, an employee who has less than two

Pension. The 1. Between the first and tenth days of each month the Employer shall not be obligated make the required payment for the preceding calendar month to make pension contributions from November 1the Trustees of the Pension Plan BUILDING SERVICE EMPLOYEES PENSION TRUST, 2002 to October 31also known as SERVICE EMPLOYEES INTERNATIONAL UNION NATIONAL INDUSTRY PENSION FUND), 2011and shall continue such-payments for the term of this Agreement or as required by any subsequent and succeeding agreement. 12. The Effective May 1,2003, for employees covered in Xxxxxxxx X-0 (Employees "grandfathered" in the Bay Area Master Janitorial Agreement) the Employer agrees to contribute the additional sum of twenty five (5) cents (20 cents) for each straight time hour worked by employees covered by this Agreement for the purpose of establishing and maintaining a pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 23. Between Effective with May 1, 2004, the first and twentieth days employer agrees to contribute the sum of five (5) cents per hour for each month the Employer shall make the required payment straight time hour worked by all other employees covered by this Agreement, who are not mentioned directly above, for the preceding calendar month to the Trustees purpose of the Pension Planestablishing a pension plan. Paid vacations, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 paid sick leave and shall continue such payments for the term of this Agreement or paid holidays are considered as required by any subsequent and succeeding agreementhours worked in computing pension plan contributions. 34. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s 's office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 45. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION EMPLOYEESPENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M III of said Trust Indenture. 56. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 67. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI III of said Trust Indenture.

Pension. The Employer shall not be obligated to make pension contributions from November 1, 2002 to October 31, 2011. Section 1. The Union and the Employer agree to be bound by, and hereby assent to, all of the terms of the Trust Agreement creating said Milwaukee Drivers Pension Trust Fund, all of the rules and regula- tions hereto and hereafter adopted by the Trustees of said Trust Fund pursuant to said Trust Agreement, and all of the actions of the Trustees in administering such Trust Fund in accordance with the Trust Agreement and rules adopted. Section 2. The Employer hereby accepts as Employer Trustees the present Employer Trustees appointed under said Trust Agreement and all such past or succeeding Employer Trustees as shall have been or will be appointed in accordance with the terms of the Trust Agreement. Section 3. The Union hereby accepts as Union Trustees the present Union Trustees appointed under the Trust Agreement and all such past or succeeding Union Trustees as shall have been or will be appointed in accordance with the terms of the Trust Agreement. Section 4. The Trustees agree to accept the Employer as a participant in the Milwaukee Drivers Pension Trust Fund. Section 5. Effective the first (1st) day of August, 2012, at 12:01 a.m., the Employer agrees to contribute to the Milwaukee Drivers Pension Trust Fund the sum of twenty cents Three Hundred Thirty-Six Dollars and Twenty-Eight Cents (20 cents$336.28) per week or such other sum as shall be provided for in the collective bargaining agreement which is in effect from time to time between the Employer and the Union for each straight time hour worked employee as defined below. Effective August 1, 2013, and on each subsequent August 1st dur- ing the life of this agreement, the Employer agrees to contribute an additional Forty Dollars ($40.00) per week for combined weekly health and welfare and pension contributions which shall be allocat- ed amongst the respective Trust Funds as apportioned by employees covered by this Agreement the Local Union. These contributions provide for any additional increases in premiums to maintain the purpose of establishing present benefits and/or provide for addi- tional coverage under the health and maintaining a welfare, dental insurance, or improvements in the pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between (A) Each person who is a regular full-time employee within the first meaning of the applicable collective bargaining agreement between the Employer and twentieth days the Union who has been in the employ of each month his/her Employer for sixty (60) days. (B) Contributions will be made with respect to such employee only for a workweek in which he/she receives some compensation from his/her Employer, except as follows: (1) If he/she 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 payment contributions for a period of four (4) weeks. If he/she is injured on the preceding calendar month to job, the Trustees of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and Employer shall continue to pay the required contributions until he/she returns to work. However, such payments contributions shall not be paid for the term a period of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.more than fifty-two

Pension. The Effective August 1, 2018, the Employer shall contribute to the Teamsters 639-Employers Pension Trust Fund the sum of $657.80 per week on each regular full-time employee. Employer contributions to the Health and Welfare and Pension shall be increased a total of one dollar ($1.00) per hour on August 1, 2019 and on each subsequent August 1st during the life of the contract. Allocations shall be determined by the Joint Supplemental Area Negotiating Committee, subject to approval of the Joint Na- tional Negotiating Committee. Any dispute in the allocation of Health and Welfare and Pension money shall be determined and/or resolved by the Joint National United Parcel Service Negotiating Committee. There shall be no other Pension Funds under this contract for oper- ations under this contract. By the execution of this Agreement, the Employer party to this Agreement agrees to enter into appropriate trust agreements neces- sary for the administration of such funds and to designate the Em- ployer Trustees under such agreement, hereby waiving all notice thereof and ratifying all actions already taken or to be taken by such Trustees within the scope of their authority. If a regular full-time employee is absent because of illness or off the job injury and notifies the Employer of such absence, the Em- ployer shall continue to make the required contributions for a peri- od of four (4) weeks. If a regular full-time employee is injured on the job, the Employer shall continue to pay the required contribu- tions until such employee returns to work; however, such contribu- tions shall not be obligated to make pension contributions from November 1paid for a period of more than twelve (12) months. If a regular full-time employee is granted a leave of absence, 2002 to October 31, 2011. 1. The Employer agrees to contribute the sum of twenty cents (20 cents) for each straight time hour worked by employees covered by this Agreement for the purpose of establishing and maintaining a pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between the first and twentieth days of each month the Employer shall make collect from said employee prior to the leave of absence being effective, sufficient monies to pay the required payment for con- tributions into the preceding calendar month to pension fund during the Trustees period of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and absence. There shall continue such payments for the term be no deduction from equipment rental of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, owner oper- ators by virtue of the contributions made to the pension fund, re- gardless of whether the equipment rental is at the minimum rate or more and regardless of the manner of computation of owner driver compensation. Contributions to the pension fund must be made for each week on each regular or extra employee, even though such employee may work only part-time under the provisions of this section contract, including weeks where work is performed for the Employer but not under the provisions of this contract, and in accordance with said Section 3.01 of Article HI of said Trust Indenturealthough contributions may be made for those weeks into some other pension fund.

Pension. The Employer shall not be obligated to make pension contributions from November 1, 2002 to October 31, 2011. Section 1. The Union and the Employer agree to be bound by, and hereby as- sent to, all of the terms of the Trust Agreement creating said Mil- waukee Drivers Pension Trust Fund, all of the rules and regulations hereto and hereafter adopted by the Trustees of said Trust Fund pursuant to said Trust Agreement, and all of the actions of the Trustees in administering such Trust Fund in accordance with the Trust Agreement and rules adopted. Section 2. The Employer hereby accepts as Employer Trustees the present Em- ployer Trustees appointed under said Trust Agreement and all such past or succeeding Employer Trustees as shall have been or will be appointed in accordance with the terms of the Trust Agreement. Section 3. The Union hereby accepts as Union Trustees the present Union Trustees appointed under the Trust Agreement and all such past or succeeding Union Trustees as shall have been or will be appointed in accordance with the terms of the Trust Agreement. Section 4. The Trustees agree to accept the Employer as a participant in the Milwaukee Drivers Pension Trust Fund. Section 5. Effective the first (1st) day of August, 2022, at 12:01 a.m., the Em- ployer agrees to contribute to the Milwaukee Drivers Pension Trust Fund the sum of Five Hundred Forty Nine Dollars and Twenty Eight Cents ($549.28) per week or such other sum as shall be pro- vided for in the collective bargaining agreement which is in effect from time to time between the Employer and the Union for each employee as defined below. Effective August 1, 2023, and on each subsequent August 1st during the life of this agreement, the Employer agrees to contribute an additional Twenty Dollars ($20.00) per week for combined weekly health and welfare and pension contributions which shall be allocated amongst the sum of twenty cents (20 cents) respective Trust Funds as apportioned by the Local Union. These contributions provide for each straight time hour worked by employees covered by this Agreement any additional in- creases in premiums to maintain the present benefits and/or provide for additional coverage under the purpose of establishing health and maintaining a welfare, dental insur- ance, or improvements in the pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between (A) Each person who is a regular full-time employee within the first meaning of the applicable collective bargaining agreement between the Employer and twentieth days the Union who has been in the employ of each month his/her Employer for sixty (60) days. (B) Contributions will be made with respect to such employee only for a workweek in which he/she receives some compensation from his/her Employer, except as follows: (1) If he/she 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 payment contributions for a period of four (4) weeks. If he/she is injured on the preceding calendar month to job, the Trustees of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and Employer shall continue to pay the required contributions until he/she returns to work. However, such payments contributions shall not be paid for the term a period of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.more than fifty-two

Pension. SECTION 1 The Employer shall not be obligated will contribute for full time seniority employees to make pension contributions from November 1the Teamsters Pension Trust Fund of Philadelphia, 2002 Pennsylvania and Vicinity (hereinafter referred to October 31, 2011as the “Pension Fund”) in the manner described in the Sections below. 1SECTION 2 (NOTE: The online IBT document; xxxx://xxxxxxxx.xxx/sites/xxxxxxxx.xxx/files/9181376225upslocal6235.pdf that shows the negotiated changes between the previous Local 623 Supplement and the 2013-2018 Supplement, does not show updates to the pension contribution rate information that was in Article 59 of the previous Local 623 Supplement.) SECTION 3 There shall be no other pension fund under this Agreement for operations under this Agreement. SECTION 4 Contributions to the Fund as set forth in Section 2 above, shall be made for each full time seniority employee for each day worked, or if not worked, paid for pursuant to the terms of this agreement covering Holidays, Vacations, and paid sick leave (not worked), to a maximum of eight (8) hours per day or forty (40) hours per week. An Employer shall contribute into the Pension Fund the sum of one dollar ($1.00) per hour, not to exceed eight dollars ($8.00) per day, for each day worked by a full time casual, extra, probationary employee or utility driver covered by this Agreement. SECTION 5 The sums required by Section 2 above shall be remitted monthly to the Pension Fund. Such monthly payments shall be submitted to the Pension Fund on or before the 28th day of the month following the month in which these monies were accrued. SECTION 6 Notwithstanding the provisions of Article 49, the Union may suspend the operations of a delinquent Employer three (3) working days after receipt of a verification by telegram that such Employer is delinquent. Copies of the verification shall be sent by the Admin- istrator of the Pension Fund to the Employer and the Local Union. SECTION 7 Failure on the part of the Employer to contribute as specified herein above shall make him liable for all claims, damages, attorney’s fees, court costs, plus all arrears in payment plus ten percent (10%) as liquidated damages. SECTION 8 Any employees assigned by an Employer for any period with leased or rental equipment to a nonunion or nonaffiliated operator, shall, for Pension Fund purposes, continue to be the employee of the lessor- operator whose obligation it shall be to continue payment of Pension Fund contributions for such employee throughout any such period. (a) Each Employer shall complete and deliver to the Pension Fund, on forms supplied by the Pension Fund, the Employer’s report, stating the name, social security number, and total contributions paid or due by Employer to the Pension Fund for such regular full time employee employed by Employer during the previous calendar month. The Employer agrees will provide the above information to contribute the sum Local Union by transmission of twenty cents a computer file in a mutually agreeable format, each calendar month. (20 centsb) The Trustees of the Pension Fund shall have the right to require any Employer covered by this Agreement to make available to the Trustees or their duly accredited representatives, all time cards, payroll records, social security records, withholding tax records and State or municipal wage and income tax records for each straight time hour worked by any or all employees covered by this Agreement Agreement. SECTION 10 By the execution of this Agreement, the Employer authorizes M.T.L.R. to enter into appropriate Trust Agreements necessary for the purpose administration of establishing such Fund and maintaining a pension plan. Paid vacationsto designate the Employer Trustees under such Agreement, paid sick leave hereby waiving all notice thereof and paid holidays are considered as hours worked in computing pension plan contributionsratifying all actions already taken or to be taken by such Trustees within the scope of their authority. SECTION 11 If a full time employee is granted a leave of absence, the Employer shall collect from said 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 12 A full time employee shall be required to retire in accordance with rules established by the Board of Trustees of the Pension Fund. SECTION 13 If a full time seniority employee is absent because of illness or off- the-job injury for two (2. Between ) consecutive weeks and notifies the first and twentieth days Employer of each month such absence, the Employer shall make the required payment contributions from the first day for a maximum of four (4) weeks. If an employee is injured on the preceding calendar month job, the Employer shall continue to pay the required contributions until such employee returns to work however; during any period of such on the job injury such contributions shall not be paid for a period of more than nine (9)months. Effective April 1, 1980, during any period of on the job injury such contributions shall not be paid for more than six (6) months. The amount of such contributions shall be that required to maintain the employee’s eligibility during such period of absence. Disputes or questions of interpretation concerning the requirement to make contributions on behalf of particular employees or classifications of employees must be submitted directly to the Trustees Conference Joint Area Committee by either the Local Union or the Trustees. In the event of such disputes or questions, the Pension Plancompany shall not be deemed to be delinquent, at 0000 Xxxxxx Xxxxxxwhile the matter is being considered, Xxx Xxxxxxxxxbut if the Conference Joint Area Committee, Xxxxxxxxxx 00000 and by majority vote, deter- mines that contributions are required, the Company shall continue such payments for pay to the term of this Agreement or as required by Trust Fund the amounts due together with any subsequent and succeeding agreement. 3other charges uniformly applicable to past due contributions. The Employer Conference Joint Area Committee may also determine whether the Company’s claim was bona fide. In the event that the Conference Joint Area Committee is deadlocked, the matter shall comply with all provisions of be resolved by the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust IndentureNational Grievance Committee. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.

Pension. The Employer shall not be obligated to make pension contributions from November 1, 2002 to October 31, 2011. Section 1. The Union and the Employer agree to be bound by, and hereby as- sent to, all of the terms of the Trust Agreement creating said Mil- waukee Drivers Pension Trust Fund, all of the rules and regulations hereto and hereafter adopted by the Trustees of said Trust Fund pursuant to said Trust Agreement, and all of the actions of the Trustees in administering such Trust Fund in accordance with the Trust Agreement and rules adopted. Section 2. The Employer hereby accepts as Employer Trustees the present Em- ployer Trustees appointed under said Trust Agreement and all such past or succeeding Employer Trustees as shall have been or will be appointed in accordance with the terms of the Trust Agreement. Section 3. The Union hereby accepts as Union Trustees the present Union Trustees appointed under the Trust Agreement and all such past or succeeding Union Trustees as shall have been or will be appointed in accordance with the terms of the Trust Agreement. Section 4. The Trustees agree to accept the Employer as a participant in the Milwaukee Drivers Pension Trust Fund. Section 5. Effective the first (1st) day of August, 2017, at 12:01 a.m., the Em- ployer agrees to contribute to the Milwaukee Drivers Pension Trust Fund the sum of Four Hundred Forty Nine Dollars and Twenty Eight Cents ($449.28) per week or such other sum as shall be pro- vided for in the collective bargaining agreement which is in effect from time to time between the Employer and the Union for each employee as defined below. Effective August 1, 2018, and on each subsequent August 1st during the life of this agreement, the Employer agrees to contribute an additional Forty Dollars ($40.00) per week for combined weekly health and welfare and pension contributions which shall be allo- cated amongst the sum of twenty cents (20 cents) respective Trust Funds as apportioned by the Local Union. These contributions provide for each straight time hour worked by employees covered by this Agreement any additional in- creases in premiums to maintain the present benefits and/or provide for additional coverage under the purpose of establishing health and maintaining a welfare, dental insur- ance, or improvements in the pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between (A) Each person who is a regular full-time employee within the first meaning of the applicable collective bargaining agreement between the Employer and twentieth days the Union who has been in the employ of each month his/her Employer for sixty (60) days. (B) Contributions will be made with respect to such employee only for a workweek in which he/she receives some compensation from his/her Employer, except as follows: (1) If he/she 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 payment contributions for a period of four (4) weeks. If he/she is injured on the preceding calendar month to job, the Trustees of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and Employer shall continue to pay the required contributions until he/she returns to work. However, such payments contributions shall not be paid for the term a period of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.more than fifty-two

Pension. The Each Employer working in Racine, Kenosha, Milwaukee, Waukesha, Ozaukee and Washington shall not be obligated to make pension contributions from November 1, 2002 to October 31, 2011. 1. The Employer agrees to contribute pay the sum of twenty cents (20 cents) designated amount for each straight time hour worked by all employees covered by this the Agreement for along with the purpose of establishing va- cation deduction. Contributions to be sent to the Building Trades United Pension Trust Fund, Milwaukee and maintaining a pension planVicinity, Xxxxxx 000, Xxxxxxxxx, XX 00000. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between Payment must be made at the first and twentieth days end of each month month, but no later than the Employer shall make the required payment for the preceding calendar month to the Trustees fifteenth (15th) day of the Pension Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and shall continue such payments for the term of this Agreement or as required by any subsequent and succeeding agreement. 3following month. The Employer shall comply with all provisions of Association and the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amendedUnion, and further hereby becomes a party to said Trust Indenture subject to the terms thereof as indicated in Section 3.01 of Article M of said Trust Indenture. 5. The Employer further agrees all Employees covered by this Agreement, agree to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said the Trust Indenture Agreement, the Building Trades United Pension Trust Fund, and by all the terms of said Pension Plan, by virtue actions and rules of the provisions Trustees administering such Pension Fund in accordance with the Trust Agreements and regulations of the Trustees, provided that such Trust Agreements, actions, regulations and rules shall not be inconsistent with this section Agreement. Each Employer cov- ered by this Agreement hereby accepts all succeeding Trustees as will be appointed under and in accordance with said Section 3.01 the Trust Agreements. Such Employer hereby ratifies all actions already taken or to be taken by such Trustees within the scope of Article HI their authority. Payments to the Pension Fund are to be made at the end of each month in which the work was performed, but no later than the fifteenth (15th) day of the fol- lowing month, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in his payments to the Fund, and after the Trustees have advised the delinquent Employer, in writing, of said Trust Indenturedelinquency and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, 20% of such delinquent payments and further such delinquent Employers shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1 1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund’s Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorney’s fees and any other costs and expenses reason- ably arising in connection with any collection action. If the Employees are removed from the job by the Union to enforce such delinquent payments including liquidated damages, the Employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly rate.

Pension. The Company will work with the Unions to provide for the reen- try of Hostess into the IBT multi-employer pension plans (“MEPPs” or “Funds”) to which it had been contributing prior to August 2011. The re-entry for each MEPP would be conditioned upon the following: (1) Each MEPP would be required to adopt a New Employer Pool or amend its existing New Employer Pool (the “New Em- ployer Amendments”) consistent with the following provi- sions. The Pension Benefit Guaranty Corporation must approve the New Employer Amendments no later than 6 months prior to the Re-Entry Date. Each MEPP will provide an agreement stating that Hostess’ discharge of withdrawal li- ability and delinquent contributions in bankruptcy constitutes full satisfaction of that liability and any delinquent contribu- tions for purposes of entry into the New Employer Pool. (2) The New Employer Amendments, and as applicable, the Mod- ified CBAs, will incorporate the following provisions: a. In the event Hostess is included in a mass withdrawal, the MEPP will allocate mass withdrawal liability proportion- ate to each employer’s initial withdrawal liability (i.e., the mass withdrawal will not result in the re-allocation of Old Employer Pool unfunded liabilities to New Employers like Hostess). b. In the event that any of the following Withdrawal Events, as defined below, occurs, Hostess shall be deemed to have withdrawn from the affected MEPP on the last date of the Plan Year prior to the Withdrawal Event’s occurrence. The MEPP shall retain all amounts paid or accrued by Hostess under the Modified CBA during any period between deemed withdrawal date and the occurrence of one of the specified Withdrawal Events. Hostess participants in such MEPP will migrate to a Fall-Back MEPP (as defined below) agreed to by Hostess and the Unions as of the date of the deemed withdrawal. i. Hostess is subject to an increase of 5% or more (in the aggregate) in the rate of its required annual con- tribution to the MEPP, as compared to the levels ex- pressly specified in the Modified CBA, whether mandated by statute, contract, the MEPP’s rehabili- tation plan or otherwise, except for contemplated post-Re-Entry Date contribution rate increases as de- scribed below in this Section (Q); ii. The Internal Revenue Service assesses an excise tax under 26 U.S.C. § 4971 with respect to the MEPP; iii. The MEPP fails for two consecutive years to satisfy its Rehabilitation Plan; iv. The MEPP is projected by its actuary to become “in- solvent” within four years within the meaning of Sec- tion 4245 of ERISA; v. If for any two consecutive years, the allocable New Employer Pool UVB’s attributable to Hostess exceed 2 times Hostess’ annual contributions to the MEPP for such years; vi. UVB’s from the MEPP’s Old Employer Pool are al- located to the New Employer Pool; vii. If funding levels (calculated in the same manner as for the MEPP’s annual funding notice required by Section 101(f) of ERISA) fall below 90% in the New Employer Pool or below 35% in the Old Employer Pool; viii. There is a final, non-appealable order of a court of competent jurisdiction holding that a MEPP’s New Employer Amendments are substantively illegal in a material respect and such illegality cannot be obligated cor- rected through reasonable measures. (3) A Fall-Back MEPP is one of the MEPPs that Hostess was re- quired to contribute to before August 2011 and which has not been in critical status for the either of the two consecutive years prior to the planned migration and agrees to the changes specified in this document. Under the following circum- stances, Hostess can migrate employees in a given MEPP to a mutually agreeable Fall-Back MEPP: a. In the event that a MEPP does not (i) make the necessary amendments (and receive PBGC approval) to adopt or modify the New Employer Pool as agreed to by the par- ties, and (ii) accept the protections provided in this XXX, in either event, no later than 6 months prior to the Re- Entry Date. b. In the event that a MEPP elects not to accept all pension protections set forth herein. c. In the event that a MEPP is amended to eliminate any of the agreed-upon protections. d. In the event that a Withdrawal Event, as defined above, occurs. The pension protections described above will have a 10-year term, provided that Hostess submits a collective bargaining agreement (or successive collective bargaining agreements, until the agreement of a collective bargaining agreement with an expiration date the same or later than the 10th anniversary of the date upon which Hostess emerges from Chapter 11 (the “Exit Date”)) (i) requiring contributions to the MEPPs, (ii) complying with the requirements stated herein, (iii) otherwise conforming to the MEPP’s participation rules and (iv) covering the full duration of such collective bargaining agree- ment, up to the 10th anniversary of the Exit Date. From the date of Ratification through December 31, 2014, Hostess will not be required to make pension contributions to the MEPP. Effective January 1, 2015 (the “Re-Entry Date”) the Company’s contribution rate to the MEPPs will be 25% of the CBA contribution rates in effect in July 2011 per week per eligible employee. The Company shall contribute up to 30% of the CBA contribution rates in effect in July 2011 per week per eligible employee in any quarter in which the preceding four quarter period EBITDA exceeded $150 million, calcu- lated on a pro-forma adjusted basis assuming the greater con- tribution level had been paid for the entirety of the preceding four quarter period. In the event that (i) no MEPP has approved the proposed amendments, or (ii) the PBGC does not approve the necessary amendments, in either event no later than 6 months prior to the Re-Entry Date, or there are no eligible Fall-Back MEPPs, then the Company will contribute the appropriate contributions into a Company-operated defined contribution plan (the “DC Plan”). Affected employees will participate in the DC Plan effective January 1, 2015. The DC Plan will contain a 401(k) feature to allow participating employees to make pre-tax contributions from November their salary in addition to the promised Hostess contributions. Employees will be 100% vested in the their Hostess-contributed DC Plan benefits following 3 years of employment service, and all years of employment service with Hostess prior to January 1, 2002 2015 will be taken into account under the DC Plan in determining years of vested service. All start-up costs to October 31draft the DC Plan, 2011. establish the Plan trusts, and retain service providers will be borne by Hostess. Annual administrative and investment management fees will be paid with pension trust assets. Each DC Plan will be operated and maintained by a joint board of trustees appointed equally by Hostess and the Unions, unless the Unions indicate prior to the Re-Entry Date their unwillingness to participate in a jointly-operated arrangement, in which case the DC Plan will be operated and administered solely by Hostess. Effective January 1, 2015 the Company’s contribution rate to the new DC Plan will be 25% of the CBA contribution rates in effect in July 2011 per week per eligible employee. The Employer agrees Company shall contribute up to contribute 30% of the sum CBA contribution rates in effect in July 2011 per week per eligible employee in any quarter in which the preceding four quarter period EBITDA exceeded $150 million, calculated on a pro-forma adjusted basis assuming the greater contribution level had been paid for the entirety of twenty cents the preceding four quarter period. The IBT has the option to substitute the Inter-Local Pension Fund of the Graphic Communication Conference of the Inter- national Brotherhood of Teamsters (20 centsthe “IBT Plan”) for each straight time hour worked by employees covered by this Agreement for the purpose DC Plan described above but only if (i) no PBGC or IRS ap- proved amendments are required, (ii) the Company is not a plan sponsor of establishing and maintaining the IBT Plan, (iii) the Company is not a pension plan. Paid vacations, paid sick leave and paid holidays are considered as hours worked in computing pension plan contributions. 2. Between the first and twentieth days of each month the Employer shall make the required payment for the preceding calendar month con- tributing employer to the Trustees IBT Plan and (iv) the Company does not have any liability or increased costs of, from or relating to the IBT Plan if the IBT elects for its represented employees to participate in and contribute to the IBT Plan. For the avoid- ance of doubt, if the Pension IBT elects for its represented employees to participate in and contribute to the IBT Plan, at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and shall continue such the Company’s contribution rate obligations will become payments for as wages to employees in the term of this Agreement or as required by any subsequent and succeeding agreement. 3. The Employer shall comply with all provisions of the Pension Trust Indenture and shall maintain, furnish and make available for audit at Employer’s office such data and records same amounts as the Trustees may require as provided in the Pension Trust Indenture. 4. The Employer accepts the terms of that certain Trust Indenture made and executed in San Francisco, California, October 30, 1953, as amended, creating BUILDING SERVICE EMPLOYEES PENSION TRUST and accepts the terms of the concurrently executed BUILDING SERVICE EMPLOYEES PENSION PLAN, as amended, and further hereby becomes a party to said Trust Indenture subject contribution rates to the terms thereof as indicated DC Plan specified above in this Section 3.01 of Article M of said Trust Indenture(Q). 5. The Employer further agrees to be bound by all of the provisions of said Trust Indenture and said Pension Plan, as amended, and hereby acknowledges prior receipt of copies of said Trust Indenture and said Pension Plan. 6. The Employer hereby authorizes and directs the Union to deposit with the Pension Plan Trustees at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, a duplicate original of this Collective Bargaining Agreement which when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension Plan, by virtue of the provisions of this section and in accordance with said Section 3.01 of Article HI of said Trust Indenture.