Central States Trust Agreement (Your Homework for Labor Day)
TRUST AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND
AS AMENDED THROUGH MAY 31, 2007
(Exerpts. All emphasis added.)
ARTICLE III - CONTRIBUTIONS AND COLLECTIONS
Sec. 7. (b) An Employer’s obligation to contribute to the Fund will
immediately cease in the event the Union loses its status
as bargaining representative of the employee through an
NLRB election or valid disclaimer of interest by the
Union. In the event the Union loses its representative
status through an NLRB election, the duty to contribute
shall cease on the day the election results are certified
by the NLRB. This provision shall supersede any contrary
provision in any agreement, including any collective
bargaining agreement, participation agreement, this
Agreement and the certification clause of the Fund’s
billing forms.
ARTICLE IV - POWERS AND DUTIES OF TRUSTEES
Sec. 15. The Trustees shall be entitled to receive reasonable
compensation for services rendered, and the reimbursement of
expenses properly and actually incurred, in the performance of
their duties to the Fund; except that no Trustee who already
receives full-time pay from an Employer or an association of
Employers or from the Union shall receive compensation from the
Fund, except for reimbursement of expenses properly and actually
incurred.
Sec. 20. The Trustees are authorized to reject any collective
bargaining agreement, participation agreement and/or terminate the
participation of an Employer (and all contributions from the
Employer) whenever they determine either that the agreement is
unlawful and/or inconsistent with any rule or requirement for
participation by Employers in the Fund and/or that the Employer is
engaged in one or more practices or arrangements that threaten to
cause economic harm to, and/or impairment of the actuarial
soundness of, the Fund (including but not limited to any
arrangement in which the Employer is obligated to make
contributions to the Trust Fund on behalf of some but not all of
the Employer's bargaining unit employees, and any arrangement in
which the Employer is obligated to make contributions to the Trust
Fund at different contribution rates for different groups of the
Employer's bargaining unit employees).
ARTICLE VI - OPERATION OF BOARD OF TRUSTEES
Sec. 6. Expenses - All proper and necessary expenses incurred
by any former or incumbent Trustee, including costs of defense in
litigation arising out of the Trusteeship of this Fund, and also
including costs incurred by any former or incumbent Trustee in
providing testimony or information about administration of this
Fund in any investigation, trial or other proceeding, shall be paid
out of the Trust Fund, as a matter of right of any such former or
incumbent Trustee, to the extent permitted by applicable law. As
used in the preceding sentence, the term "costs" includes, but is
not limited to, reasonable attorneys' fees.
ARTICLE - AMENDMENT OF AGREEMENT
. . . the provisions of this Trust, among
which is to pay the largest benefits possible, which are consistent
with the number of participants becoming and likely to become
eligible for such payments, the amounts of funds which are
available and which will probably become available, and the
following of sound actuarial practice.
ARTICLE XIV - MISCELLANEOUS
Sec. 1. In no event shall Employers, directly or
indirectly, participate in the disposition of the Trust Fund or
receive any benefits from the Trust Fund.
Sec. 9. No person shall serve, or be permitted to serve, as
an administrator, fiduciary, officer, trustee, custodian, counsel,
agent, employee, adviser, provider of goods or services or
consultant of the Fund, or as its representative in any capacity,
or to serve in any capacity that involves decision making authority
or custody or control of the moneys, funds or assets of the Fund,
if such person has been convicted of: robbery, bribery, extortion,
embezzlement, fraud, grand larceny, burglary, arson, a felony
violation of Federal or State law involving substances defined in
section 802(6) of title 21 of the United States Code (hereinafter
referred to as the "Code"), murder, rape, kidnapping, perjury,
assault with intent to kill, any crime described in section
80a-9(a)(1) of title 15 of the Code, a violation of any provision
of the Employee Retirement Income Security Act of 1974, a violation
of section 186 of title 29 of the Code, a violation of chapter 63
of title 18 of the Code, a violation of sections 874, 1027, 1503,
1505, 1506, 1510, 1951 or 1954 of title 18 of the Code, a violation
of the Labor-Management Reporting and Disclosure Act of 1959, or
any felony involving abuse or misuse of such person's labor
organization or employee benefit plan position or employment; or
conspiracy to commit any such crimes; or attempt to commit any such
crimes, or a crime in which any of the foregoing crimes is an
element; or a misdemeanor involving a breach of fiduciary
responsibility. Upon conviction of any of the crimes described in
the preceding sentence, such person shall immediately be
disqualified from serving the Fund in any capacity described in the
preceding sentence, and any such service shall immediately be
terminated; provided that, upon final reversal of such conviction,
such person, unless otherwise ineligible, shall thereafter be
eligible to serve the Fund; and provided further that this
disqualification shall continue in effect until ten (10) years
after such conviction or after the end of imprisonment on such
conviction, whichever is the later, unless, prior to the end of
such ten-year period, in the case of a person so convicted or
imprisoned, (a) his citizenship rights, having been revoked as a
result of such conviction, have been fully restored, or (b) the
United States Parole Commission, pursuant to applicable law,
determines that such person's service would not be contrary to the
best interests of the Fund.
ARTICLE XV - BENEFICIAL RIGHTS
No Employer or Union, or Employees, shall have any right,
title or interest in or to the Trust Fund or any part thereof other
than vesting under the Pension Plan except in accordance with
applicable law. There shall be no pro rata or other distribution
of any of the assets of the Fund as a result of any Union, Employer
or group of Employees of Employers ceasing their participation in
this Fund for any purpose or reason, except as required by law.