SUGGESTED CONTRACT LANGUAGE
CWA/ITU NEGOTIATED PENSION PLAN
Section 21. Effective [______________] the Employer agrees to contribute to the CWA/ITU Negotiated Pension Plan (hereinafter sometimes referred to as the Plan) $_____ per shift [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 as described in the Plan. 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 (“Trust Agreement”), and has been found by the Internal Revenue Service to be entitled to exemption under the Internal Revenue Code. The Employer agrees to be bound by the terms and conditions of the Trust Agreement, which shall be incorporated by reference herein.
Contributions shall be paid to the CWA/ITU Negotiated Pension Plan, 27 Roland Avenue, Mount Laurel, NJ 08054, 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. The Employer agrees to make available to the Plan, upon written notice, all payroll related books and records of the Employer that the Plan requires in order to determine the accuracy of the contributions made to the Plan.
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.
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 1 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.
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 contributions.