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SECTION 9 – SUSPENSION OF PENSION PAYMENTS
employed in Prohibited Employment. If, in the discretionary judgment of the Administrative
Office, the information you provide verifies that you have not been employed in employment
resulting in suspension or delay of commencement of your Pension, as soon as administratively
feasible you will be paid amounts which were withheld but which were not subject to suspension
or offset. The Administrative Office will also describe the foregoing requirements in annual
correspondence concerning such verification of employment.
Whenever the Administrative Office or Board becomes aware that you have become employed in
the same industry, in the same trade or craft, and in the same geographical area covered by the
Plan in a month after your Normal Retirement Age, and you have failed to notify the Trustees of
this employment, in writing, within 15 days after the commencement of such employment, the
Administrative Office and Board will act on the basis of a rebuttable presumption that (i) you
worked more than 40 hours in such month in Prohibited Employment and that your benefit for
such month is accordingly subject to suspension, and (ii) if your employment was at a construction
site, that you were employed in Prohibited Employment for as long as any employer for whom
you were employed at such site was engaged at such site. For benefits accrued prior to 2005, the
“same geographical area covered by the Plan” is California. For benefits accrued after 2004 and
prior to April 1, 2008, the “same geographical area covered by the Plan” is Arizona, California,
Nevada and Utah. For benefits accrued on and after between April 1, 2008 and May 31, 2014, the
“same geographical area covered by the Plan” is Arizona, California, Nevada, New Mexico, and
Utah, and within Texas, the counties of Culberson, El Paso, Hudspeth, Jeff Davis and Presidio. For
benefits accrued after June 1, 2014, the “same geographical area covered by the Plan” is Arizona,
California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and within Texas, the counties of
Culberson, El Paso, Hudspeth, Jeff Davis and Presidio.
Additional Benefits
If you return to work in Covered Employment after retirement, you may earn additional Hours
Worked in Covered Employment which may increase the amount of your Normal Pension for your
work in excess of 700 Hours of Covered Employment in a calendar year. Such Hours Worked in
Covered Employment may also result in an increase in your Pension Credit (each 100 Hours
Worked in Covered Employment results in 1/12 Pension Credit, with one full Pension Credit being
the maximum you can earn in one Calendar Year).
When you stop working, your Pension will be recalculated to reflect any additional credit earned
for work after retirement. Any increase in the amount of your payments will become payable
beginning on the next January 1st after the credit was earned and you returned to retirement
status. If you retired before Normal Retirement Age and your Pension was not suspended due to
a return to employment, you may elect a different form of payment for the new accruals, but in
no event can you change the form of payment for benefits based on work performed before you
returned to work.