Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, shall be governed by Article 15 of the Local #40 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs. (1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows: (i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2001, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years. (ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve. (iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017. (iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve. (v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement. (vi) Then, next, to the Active Employees Fund of the Health Plan. (vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A. (c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Basic Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20042003. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 2006 and July 31, 20102009, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20072006. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 2009 and July 2131, 2012, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 20102009. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced commences in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 XIX of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-twenty- five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, Agreement,6 the principal photography of which commenced on or after August 1July 31, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable on and after August 1, 2018, 2018 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21AXXVIIIA.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2XIII(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 2000 Producer- I.A.T.S.E. Basic Agreement of 2001, with any unamortized amounts remaining as 6 Employees employed under the Local #600 Amendment Agreement or the Local #871 Amendment Agreement or the Local #871 Agreement covering Script Coordinators and Writers’ Room Assistants shall not be considered "employees employed by Producer under this Agreement" for purposes of subparagraph (a) of this Article XIX. Employees employed under the Local #700 Amendment Agreement shall not be considered "employees employed by Producer under this Agreement" for any purpose under this Article XIX. of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2003 Producer–International Brotherhood of Electrical Workers, Local #40 -I.A.T.S.E. Basic Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2006 Producer–International Brotherhood of Electrical Workers, Local #40 -I.A.T.S.E. Basic Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(fXIII(f) of the 2009 Producer–International Brotherhood of Electrical Workers, Local #40 -I.A.T.S.E. Basic Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of of: (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve the fifteen (1215) yearsyear period commencing January 1, 2017, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2XIII.(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 2015 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.I.A.T.
Appears in 2 contracts
Samples: Basic Agreement, Basic Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a this Agreement or any prior Local #40 755 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the this Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 755 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which is delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 755 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 755 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 755 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 755 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 755 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 755 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2015. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of the Local 755 Agreement of 2018. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2021 and July 31, 20212024, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182021, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2021 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 755 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A21A.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers2001 Producer- Xxxxxxxxxx, Local #40 Agreement of 2001755 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.;
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, shall be governed by Article 15 of the Local #40 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2001, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 724 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local 724 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 724 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, shall be governed by Article 15 of the Local #40 724 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 724 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 724 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 724 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 724 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 724 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2015. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of the Local 724 Agreement of 2018. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2021 and July 31, 20212024, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a⅓) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182021, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2021 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 724 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A21A.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, provided to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers2001 Producer- Studio Utility Employees, Local #40 724 Agreement of 2001, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers2004 Producer- Studio Utility Employees, Local #40 724 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers2007 Producer- Studio Utility Employees, Local #40 Agreement of 2007724 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–International Brotherhood of Electrical Workers2010 Producer- Studio Utility Employees, Local #40 Agreement of 2010724 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers2015 Producer - Studio Utility Employees, Local #40 Agreement 724 Agreement; (B) the two additional checks (i.e., a 13th and 14th check) granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of 2015Article 12(f)(2) of the 2018 Producer– Studio Utility Employees, Local 724 Agreement, amortized over the fifteen (15) year period commencing January 1, 2017; and (BC) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018this Agreement, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical WorkersStudio Utility Employees, Local #40 724 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2004 Producer-International Brotherhood of Electrical WorkersStudio Utility Employees, Local #40 724 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2007 Producer-International Brotherhood of Electrical WorkersStudio Utility Employees, Local #40 724 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman Chair of the Basic Crafts (on behalf of the Basic Crafts Group) ), shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans Plan of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in this Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
Appears in 1 contract
Samples: Labor Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Basic Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20042003. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 2006 and July 31, 20102009, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20072006. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 2009 and July 2131, 2012, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 20102009. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2015. Theatrical motion pictures, the principal photography of which commences commenced in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 XIX of the Basic Agreement of 2018. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2021 and July 31, 2024, shall be governed by Article XIX of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, Agreement,6 the principal photography of which commenced on or after August 1July 31, 20182021, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable on and after August 1, 2018, 2021 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21AXXVIIIA.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2XIII(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 2000 Producer- I.A.T.S.E. Basic Agreement of 2001, with any unamortized amounts remaining as 6 Employees employed under the Local #600 Amendment Agreement or the Local #871 Amendment Agreement or the Local #871 Agreement covering Script Coordinators and Writers' Room Assistants shall not be considered "employees employed by Producer under this Agreement" for purposes of subparagraph (a) of this Article XIX. Employees employed under the Local #700 Amendment Agreement shall not be considered "employees employed by Producer under this Agreement" for any purpose under this Article XIX. of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2003 Producer–International Brotherhood of Electrical Workers, Local #40 -I.A.T.S.E. Basic Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2006 Producer–International Brotherhood of Electrical Workers, Local #40 -I.A.T.S.E. Basic Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(fXIII(f) of the 2009 Producer–International Brotherhood of Electrical Workers, Local #40 -I.A.T.S.E. Basic Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of of: (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve the fifteen (1215) yearsyear period commencing January 1, 2017, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2XIII.(f)(2) of the 2015 Producer–International Brotherhood -I.A.T.S.E. Basic Agreement; (B) the two additional checks (i.e., a 13th and 14th check) granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Electrical WorkersArticle XIII.(f)(2) of the 2018 Producer-I.A.T.S.E. Basic Agreement, Local #40 Agreement of 2015amortized over the fifteen (15) year period commencing January 1, 2017; and (BC) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2XIII.(f)(2) of the 2021 Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018-I.A.T.S.E. Basic Agreement, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(iXIII(f)(1)(i) of the 2001 2000 Producer-International Brotherhood of Electrical Workers, Local #40 I.A.T.S.E. Basic Agreement, the fifteen percent (15%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1XIII(f)(1) of the 2004 2003 Producer-International Brotherhood of Electrical Workers, Local #40 I.A.T.S.E. Basic Agreement and the ten percent (10%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1XIII.(f)(1) of the 2007 2006 Producer-International Brotherhood of Electrical Workers, Local #40 I.A.T.S.E Basic Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.XIIIA.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in this Article 15(eXIX.(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been ) shall be amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
Appears in 1 contract
Samples: Basic Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a the Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the 399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local #399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced commence in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "“percentage payments" ” in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "“percentage payments," ” such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182007, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "“motion picture" ” or "“motion pictures."”) In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable to the Motion Picture Industry Health Plan – Retired Employees Fund (hereinafter “Retired Employees Fund”) on and after August 1, 2018, 2007 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A)picture, the Producer will pay nine percent (9%), hereinafter referred to as the "“percentage payment," ” of the Producer's ’s accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2001, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2)Fund. On an annual basis during the term of this Agreement, the Alliance of Motion Picture and & Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Craft Group) ), shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.this
Appears in 1 contract
Samples: Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a the Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the 399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local #399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced commence in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "“percentage payments" ” in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "“percentage payments," ” such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (aa ) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182012, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "“motion picture" ” or "“motion pictures."”) In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable to the Motion Picture Industry Health Plan – Retired Employees Fund (hereinafter “Retired Employees Fund”) on and after August 1, 2018, 2012 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A)picture, the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Health and Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) of the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the 2001 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2001399 Agreement, with amortized over seventeen (17) years beginning January 1, 2000; provided, however, that any unamortized amounts remaining as of December 31, 2016 2003 shall be amortized over fifteen twenty (1520) years; (B) the cost of the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the 2004 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2004399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen twenty (1520) years; (C) the cost of the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the 2007 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2007399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen twenty (1520) years; and (D) the cost of the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before prior to August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–International Brotherhood of Electrical Workers2010 Producer- Studio Transportation Drivers, Local #40 Agreement of 2010399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and the cost of the two additional checks (i.e., a 13th and 14th check) granted to all employees who retired prior to August 1, 2009 pursuant to the provisions of Article 12(f) of the 2012 Producer- Studio Transportation Drivers, Local #399 Agreement.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(viv) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement, the fifteen percent (15%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2004 Producer-International Brotherhood of Electrical WorkersProducer- Studio Transportation Drivers, Local #40 399 Agreement and the ten percent (10%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2007 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement.
(viv) Then, next, to the Active Employees Fund of the Health Plan.
(viivi) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated eighty percent (80%) to the Individual Account Plan, with the remaining twenty percent (20%) designated as a credit against future Post ‘60s and Supplemental Markets payments by certain companies, as more specifically provided in Article 12A.
(c) (212A.(c)(2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and & Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans Plan of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), ) has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Basic Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20042003. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 2006 and July 31, 20102009, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20072006. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 2009 and July 2131, 2012, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 20102009. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced commences in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 XIX of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-twenty- five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, Agreement,6 the principal photography of which commenced on or after August 1July 31, 20182015, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable on and after August 1, 2018, 2015 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21AXXVIIIA.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2XIII(f)(2) of the Producer–International Brotherhood of Electrical Workers2000 Producer- I.A.T.S.E. Basic Agreement amortized over seventeen (17) years beginning January 1, Local #40 Agreement of 20012000; provided, with however, that any unamortized amounts remaining as of December 31, 2016 2003 shall be amortized over fifteen twenty (1520) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2003 Producer–International Brotherhood of Electrical Workers-I.A.T.S.E. Basic Agreement, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen seventeen (1517) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the Producer–International Brotherhood of Electrical Workers2006 Producer- I.A.T.S.E. Basic Agreement, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen twenty (1520) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(fXIII(f) of the 2009 Producer–International Brotherhood of Electrical Workers-I.A.T.S.E. Basic Agreement, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years. 6 Employees employed under the Local #600 Amendment Agreement or the Local #871 Amendment Agreement shall not be considered "employees employed by Producer under this Agreement" for purposes of subparagraph (a) of this Article XIX. Employees employed under the Local #700 Amendment Agreement shall not be considered "employees employed by Producer under this Agreement" for any purpose under this Article XIX.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve or one additional check (12) yearsa 13th check), granted in 2017 2015 and 2016 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2XIII(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 2015 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.I.A.T.
Appears in 1 contract
Samples: Basic Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 399 (Studio Transportation Drivers) Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Local #399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local #399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2015 and July 31, 20212018, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182015, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2015 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A21A.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers2001 Producer- Studio Transportation Drivers, Local #40 Agreement of 2001399 Agreement, with amortized over seventeen (17) years beginning January 1, 2000; provided, however, that any unamortized amounts remaining as of December 31, 2016 2003 shall be amortized over fifteen twenty (1520) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the 2004 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2004399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen seventeen (1517) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the 2007 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2007399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen twenty (1520) years; and (D) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the 2010 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2010399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check) (or one additional check (a 13th check) if only a 13th check is granted), granted in 2015 and 2016 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the 2015 Producer-Studio Transportation Drivers, Local #399 Agreement; and (B) the two additional checks (i.e., a 13th and 14th check) (or one additional check (a 13th check) if only a 13th check is granted), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(212(f) of the Producer–International Brotherhood of Electrical Workers2015 Producer- Studio Transportation Drivers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017399 Agreement.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement, the fifteen percent (15%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2004 Producer-International Brotherhood of Electrical WorkersProducer- Studio Transportation Drivers, Local #40 399 Agreement and the ten percent (10%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2007 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated eighty percent (80%) to the Individual Account Plan, with the remaining twenty percent (20%) designated as a credit against future Post '60s and Supplemental Markets payments by certain companies, as more specifically provided in Article 12A.
(c) (212A.(c)(2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), ) has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
(2) The term "Producer's gross," as used herein, means the worldwide total gross receipts of Producer derived from the distributor of such motion picture (who may be the Producer or a distributor licensed by the Producer) from licensing the right to exhibit the motion picture on free television. If the distributor of the motion picture does not distribute the motion picture directly to free television, but employs a sub-distributor to so distribute the motion picture, then the "Producer's gross" shall be the worldwide total gross receipts derived from such sub-distributor from licensing the right to exhibit the motion picture on free television. In case of an outright sale of the free television distribution rights for the entire world, or any territory or country, the income derived by the seller from such sale, but not the income realized by the purchaser or licensee of such rights, shall be the "Producer's gross." If any such outright sale shall include free television exhibition rights, and other rights, then (but only for the purpose of the computation required hereunder) the Producer shall allocate to the free television exhibition rights a fair and reasonable portion of the sales price which shall, for the purpose hereof, be the "Producer's gross." In reaching such determination, Producer may consider the current market value of free television exhibition rights in comparable motion pictures. If the Motion Picture Industry Pension and Health Plans shall contend that the amount so allocated was not fair and reasonable, such claim may be determined by submission to arbitration as herein provided and, in the event the Board of Arbitration shall find that such allocation was not reasonable and fair, it shall determine the fair and reasonable amount to be so allocated. If the outright sale includes free television distribution rights to more than one motion picture, Producer shall likewise allocate to each motion picture a fair and reasonable portion of the sales price of the free television rights and, if the Motion Picture Industry Pension and Health Plans contend that such allocation is not fair and reasonable, the question may be determined by submission to arbitration as above provided. If the Board of Arbitration shall find that such allocation was not fair and reasonable, it shall determine the fair and reasonable amount to be so allocated to each motion picture. The price received on the outright sale of only free television distribution rights in a single motion picture shall not be subject to arbitration. Sums paid to any advertising agency in connection with any exhibition of a motion picture on free television shall not be included in Producer's gross.
(3) The term "accountable receipts," as used herein, means the balance of the Producer's gross after deducting an arbitrary forty percent (40%) of the Producer's gross for distribution fees and expenses; except that in the case of an outright sale of free television distribution rights, there shall be deducted only an arbitrary ten percent (10%) of the Producer's gross for sales commissions and expenses of sale.
(4) Producer's obligation shall accrue hereunder only after accountable receipts are received by the Producer, but as to foreign receipts, such obligation shall accrue only when such receipts can be freely converted to U.S. dollars and are remitted to the United States and, until such time, no frozen foreign receipts shall be included in accountable receipts. Payments of amounts accruing hereunder shall be made quarterly on the basis of quarterly statements, as hereinafter provided. Frozen foreign receipts from free television shall be deemed to be released on a first-in, first-out basis, unless the authorities of the foreign country involved designate a specific period that would render such basis inapplicable. Such released funds shall be allocated between the motion picture and other motion pictures distributed by the distributor in the same ratio that receipts derived from the distribution of the motion picture on free television within the foreign country bear to the total receipts derived from the distribution of the motion picture and all other motion pictures on free television within the foreign country, during the applicable period, unless the authorities of the foreign country involved require another method of allocation, in which case such other method shall be used. Foreign receipts shall be accounted for in U.S. dollars at the rate of exchange at which such receipts are actually converted and remitted and, should any discounts, taxes, duties or charges be imposed in connection with the receipt or remittance of foreign funds, only so much of such funds as remain thereafter shall be included in accountable receipts. Produc
Appears in 1 contract
Samples: Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20042003. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 2006 and July 31, 20102009, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20072006. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 2009 and July 2131, 2012, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010this Agreement. Theatrical motion pictures, the principal photography of which commenced commences in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 XIX of this Agreement. Agreement Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, Agreement,2 the principal photography of which commenced on or after August 1July 31, 20182012, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable to the Motion Picture Industry Health Plan – Retired Employees Fund 2 Employees employed under the Local #600 Amendment Agreement or the Local #871 Amendment Agreement shall not be considered “employees employed by Producer under this Agreement” for purposes of subparagraph (a) of this Article XIX. Employees employed under the Local #700 Amendment Agreement shall not be considered “employees employed by Producer under this Agreement” for any purpose under this Article XIX. (hereinafter "Retired Employees Fund") on and after August 1, 20182012, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Basic Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A)picture, the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Health and Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a ,a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2XIII(f)(2) of the Producer–International Brotherhood of Electrical Workers2000 Producer- I.A.T.S.E. Basic Agreement amortized over 17 years beginning January 1, Local #40 Agreement of 20012000; provided, with however, that any unamortized amounts remaining as of December 31, 2016 2003 shall be amortized over fifteen (15) 20 years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2003 Producer–International Brotherhood of Electrical Workers-I.A.T.S.E. Basic Agreement, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) 17 years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2006 Producer–International Brotherhood of Electrical Workers-I.A.T.S.E. Basic Agreement, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) 20 years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(fXIII(f) of the Producer–International Brotherhood of Electrical Workers2009 Producer- I.A.T.S.E. Basic Agreement, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) 15 years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2XIII(f) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.2012 Producer-
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.I. A.T.S.E.
Appears in 1 contract
Samples: Basic Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a this Agreement or any prior Local #40 755 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the this Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 755 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which is delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 755 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 755 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 755 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 755 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 755 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 755 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2018 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 755 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A21A.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers2001 Producer- Plasterers, Local #40 Agreement of 2001755 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.;
Appears in 1 contract
Samples: Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 399 (Studio Transportation Drivers) Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Local 399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local 399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2015. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of the Local 399 Agreement of 2018. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2021 and July 31, 20212024, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a⅓) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182021, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2021 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A21A.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers2001 Producer- Studio Transportation Drivers, Local #40 399 Agreement of 2001, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the 2004 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2004399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the 2007 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2007399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the 2010 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2010399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the 2015 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement 399 Agreement; (B) the two additional checks (i.e., a 13th and 14th check)granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of 2015Article 12(f)(2) of the 2018 Producer- Studio Transportation Drivers, Local 399 Agreement, amortized over the fifteen (15) year period commencing January 1, 2017; and (BC) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018this Agreement, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement, the fifteen percent (15%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2004 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement and the ten percent (10%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2007 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman Chair of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), ) has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, shall be governed by Article 15 of the Local #40 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced commences in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182015, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 20182015, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A21A.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–Producer - International Brotherhood of Electrical Workers, Local #40 Agreement of 2001, with amortized over seventeen (17) years beginning January 1, 2000, provided, however, that any unamortized amounts remaining as of December 31, 2016 2003 shall be amortized over fifteen twenty (1520) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–Producer - International Brotherhood of Electrical Workers, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen seventeen (1517) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the Producer–Producer - International Brotherhood of Electrical Workers, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen twenty (1520) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–Producer - International Brotherhood of Electrical Workers, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check) (or one additional check (a 13th check) if only a 13th check is granted), amortized over twelve (12) years, granted in 2017 2015 and 2016 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(212(f) of the Producer–Producer - International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement, the fifteen percent (15%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2004 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement and the ten percent (10%) increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.and
Appears in 1 contract
Samples: Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 399 (Studio Transportation Drivers) Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Local #399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local #399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2018 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A21A.), the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund the cost of: (A) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers2001 Producer- Studio Transportation Drivers, Local #40 399 Agreement of 2001, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(ii) of the 2004 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2004399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(ii) of the 2007 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2007399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the 2010 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2010399 Agreement, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the 2015 Producer–International Brotherhood of Electrical Workers-Studio Transportation Drivers, Local #40 Agreement of 2015399 Agreement; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018this Agreement, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve.
(v) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement, the fifteen percent (15%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2004 Producer-International Brotherhood of Electrical WorkersProducer- Studio Transportation Drivers, Local #40 399 Agreement and the ten percent (10%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(112(f)(1)(i) of the 2007 Producer-International Brotherhood of Electrical WorkersStudio Transportation Drivers, Local #40 399 Agreement.
(vi) Then, next, to the Active Employees Fund of the Health Plan.
(vii) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated as provided in Article 12A.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), ) has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 20152003. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2006 and July 31, 20212009, shall be governed by Article 15 XIX of the Basic Agreement of 2006. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2009 and July 31, 2012, shall be governed by Article XIX of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, ,* the principal photography of which commenced on or after August 1July 31, 20182009, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable to the Motion Picture Industry Health Plan – Retired Employees Fund (hereinafter "Retired Employees Fund") on and after August 1, 20182009, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Basic Agreement governs.
(1) As to each such motion picture (other than a motion picture included in a "qualifying transaction" described in Article 21A)picture, the Producer will pay nine percent (9%), hereinafter referred to as the "percentage payment," of the Producer's accountable receipts from the distribution of such motion picture on free television, computed as hereinafter provided, to the Motion Picture Industry Health and Pension and Health Plans, to be allocated as follows:
(i) First, to the defined benefit plan to fund fund, over a twenty (20) year amortization period, the cost of: (A) of the two (2) additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2000 pursuant to the provisions of Article 12(f)(2XIII(f)(2) of the 2000 Producer–International Brotherhood -I.A.T.S.E. Basic Agreement, the cost of Electrical Workers, Local #40 Agreement of 2001, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (B) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2003 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2003 Producer–International Brotherhood -I.A.T.S.E. Basic Agreement, and the cost of Electrical Workers, Local #40 Agreement of 2004, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; (C) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired prior to August 1, 2006 pursuant to the provisions of Article 12(f)(1)(iiXIII(f)(2) of the 2006 Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2007, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years; and (D) the two additional checks (i.e., a 13th and 14th check) which were granted to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2010, with any unamortized amounts remaining as of December 31, 2016 amortized over fifteen (15) years-I.A.T.S.E. Basic Agreement.
(ii) Then, next, to the Retired Employees Fund to the extent needed to fund an eight (8) month reserve.
(iii) Then, next, to the defined benefit plan to fund the cost of (A) the two additional checks (i.e., a 13th and 14th check), amortized over twelve (12) years, granted in 2017 to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2015; and (B) the two additional checks (i.e., a 13th and 14th check), or one additional check (a 13th check), granted during the term of this Agreement to all employees who retired on or before August 1, 2009 pursuant to the provisions of Article 12(f)(2) of the Producer–International Brotherhood of Electrical Workers, Local #40 Agreement of 2018, amortized over the fifteen (15) year period commencing January 1, 2017.
(iv) Then, next, to the Active Employees Fund to the extent needed to fund a six (6) month reserve. * Employees employed under the Local #600 Amendment Agreement or the Local #871 Amendment Agreement shall not be considered “employees employed by Producer under this Agreement” for purposes of subparagraph (a) of this Article XIX. Employees employed under the Local #700 Amendment Agreement shall not be considered “employees employed by Producer under this Agreement” for any purpose under this Article XIX.
(viv) Then, next, to the defined benefit pension plan to the extent that Supplemental Markets and New Media (as defined in Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the twenty-three percent (23%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(iXIII(f)(1)(i) of the 2001 2000 Producer-International Brotherhood of Electrical Workers, Local #40 I.A.T.S.E. Basic Agreement, the fifteen percent (15%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1XIII(f)(1) of the 2004 2003 Producer-International Brotherhood of Electrical Workers, Local #40 I.A.T.S.E. Basic Agreement and the ten percent (10%) % increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1XIII(f)(1) of the 2007 Producer-International Brotherhood of Electrical Workers, Local #40 2006 Producer - I.A.T.S.E Basic Agreement.
(viv) Then, next, to the Active Employees Fund of the Health Plan.
(viivi) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated eight percent (80%) to the Individual Account Plan, with the remaining twenty percent (20%) designated as a credit against future Post ‘60s and Supplemental Markets payments by certain companies, as more specifically provided in Article 12A.XIIIA.
(c) (2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture and & Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Craft Group) shall jointly review this allocation in conjunction with the allocation to the Motion Picture Industry Pension and Health Plans Plan of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Craft Group," as used herein, refers to those unions (other than the IATSE) noted in this Article 15(eXIX(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein), has been ) shall be amended to express the agreements of the bargaining parties with respect to the foregoing allocation.
Appears in 1 contract
Samples: Basic Agreement
