Common use of Rules for Excluded Persons Not Working under other Collective Bargaining Agreements Clause in Contracts

Rules for Excluded Persons Not Working under other Collective Bargaining Agreements. Notwithstanding Section 1(a)(1), the following rules apply to each Excluded Person who has not performed work for the Controlled Employer under any Collective Bargaining Agreement other than the Contract. First, such Excluded Person (whether or not he previously participated in the Plan) shall not be an Employee, Controlling Employee or Participant in the MPI Plans (as defined in paragraph (3) above) for the Controlled Employer on and after September 1, 2002 and shall not earn any Credited Hours, Compensation or allocation of contributions, with respect to the Controlled Employer on and after September 1, 2002. Second, except for purposes of determining whether the individual is vested, the determination of whether the Excluded Person has a Break in Service or earns Vesting Hours shall be made by ignoring all employment for such Controlled Employer on and after September 1, 2002. Third, the Controlled Employer shall not contribute on behalf of the Excluded Person on or after September 1, 2002, but shall continue to contribute on behalf of other Employees (and such other Employees are not impacted by this paragraph (4)). If the Excluded Employee later performs work under another Collective Bargaining Agreement, then the rules set forth in (C) below shall apply, on a prospective basis, beginning on the date such work first commences.

Rules for Excluded Persons Not Working under other Collective Bargaining Agreements. Notwithstanding Section 1(a)(1), the following rules apply to each Excluded Person who has not performed work for the Controlled Employer under any Collective Bargaining Agreement other than the Contract. First, such Excluded Person (whether or not he previously participated in the Plan) shall not be an Employee, Controlling Employee or Participant in the MPI Plans (as defined in paragraph (3) above) for the Controlled Employer on and after September 1, 2002 and shall not earn any Credited Hours, Compensation or allocation of contributions, with respect to Hours for the Controlled Employer on and after September 1, 2002. Second, except for purposes of determining whether the individual is vested, the determination of whether the Excluded Person has a Break in Service or earns Vesting Hours shall be made by ignoring all employment for such Controlled Employer on and after September 1, 2002. Third, the Controlled Employer shall not contribute on behalf of the Excluded Person on or after September 1, 2002, but shall continue to contribute on behalf of other Employees (and such other Employees are not impacted by this paragraph (4)). If the Excluded Employee later performs work under another Collective Bargaining Agreement, then the rules set forth in (C) below shall apply, on a prospective basis, beginning on the date such work first commences.