SUGGESTED CONTRACT LANGUAGE
CWA/ITU NEGOTIATED PENSION PLAN
Section _______________: (a)Effective _______________________________ the Employer agrees to contribute to the CWA/ITU Negotiated Pension Plan (hereinafter sometimes referred to as the Plan) $_______________ per day [or per hour, or _______________ percent of wages earned] for each employee covered by this agreement, for the purpose of providing pensions on retirement, death benefits, and other related benefits for covered employees of the Employer and other contributing Employers. Contributions shall be made for any shift (day) for which an employee receives compensation (e.g.: sick leave, vacations, holidays, disability insurance, bereavement leave, jury duty). The Plan is jointly administered by Trustees appointed in equal numbers by the Union and Employers under an agreement and Declaration of Trust, and has been found by the Internal Revenue Service to be entitled to exemption under the Internal Revenue Code.
(b) Contributions shall be paid to the CWA/ITU Negotiated Pension Plan, 1323 Aeroplaza Dr., Colorado Springs, Colorado 80916, no later than the 15th of the following month, together with reports on forms to be furnished by the Plan or the employer’s print-out, if in an acceptable format.
(c) Title to all moneys paid into the Plan shall be held exclusively by the Trustees in Trust for use in providing the Benefits under the Plan and paying its expenses.
(d) The Employer recognizes that
in addition to the Union’s right to enforce this Section, the Union shall have
the right in its discretion to take any legal action necessary to collect any
contributions or moneys due and owing to the Plan and to secure delinquent
reports. Past-due contributions are subject to interest of 12 percent per
annum (1% per month) of the amount of the delinquency. The Employer
further agrees that the Union shall have the right to collect reasonable
attorneys’ fees and expenses incurred in connection therewith. The
Employer shall supply to the shop steward (chapel chairman) the union
representative’s copy of the Negotiated Pension Plan employer report forms or a
copy of the Employer’s print-out forms on a monthly basis.
(e) Unless otherwise
explicitly agreed in writing, benefits provided by contributions to the Plan
pursuant to this Agreement shall be in addition to all other benefits provided
by the Employer and/or by any Plan or Trust to which the Employer has made