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Pension Plan No. 2 Electrical Pension Trustees

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Page 1: Electrical Pension Trustees - Fund Office · iii TounderstandyourbenefitsfromtheElectricalContractors’AssociationandLocalUnion134, I.B.E.W.JointPensionTrustofChicagoPensionPlanNo.2(“PensionPlanNo

Pension PlanNo. 2

Electrical

Pension

Trustees

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To understand your benefits from the Electrical Contractors’ Association and Local Union 134,I.B.E.W. Joint Pension Trust of Chicago Pension Plan No. 2 (“Pension Plan No. 2” or “Plan”), youmust read this booklet in its entirety. The Plan is maintained by a joint board of 10 Trustees — fiveTrustees appointed by the Electrical Contractors’ Association of the City of Chicago and five Trusteesappointed by Local Union 134 I.B.E.W. The Plan may provide retirement or disability benefits foryou and survivor benefits for your spouse.

The Plan is financed by contributions from the participating employers to the Pension Trust Fund.The Plan’s actuary determines the amount of contributions that must be made to fund the benefitrequirements for Pension Plan No. 2. Assets of the Plan are invested by investment managers chosenby the Trustees.

This is a Summary Plan Description of Pension Plan No. 2 as it applies to members who retire or ter-minate employment on or after July 1, 2004. If you left covered employment before this date, some ofthe provisions in this booklet may not apply to you. You will be treated in accordance with Plan pro-visions in effect on the date you left covered employment.

Every effort has been made to describe Plan provisions in a manner intended to be understood byPlan participants. If there is any variation between the language in this booklet and in the official Plandocuments, the Plan documents will prevail.

Additional information about the Plan is readily available from the Fund Office. The Fund Office caninform you if a particular employer is a participating employer and, if so, the employer’s address. Youmay examine copies of the applicable collective bargaining agreement and other Plan documents atthe Fund Office.

ABOUT THIS BOOKLET

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ContentsPage

Your Pension Plan Benefits At-A-Glance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1What Happens If… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

You Are a New Participant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3You Change Your Marital Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3You Are Laid Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3You Become Disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3You Retire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Your Employer Stops Making Contributions to the Trust . . . . . . . . . . . . . . . . . . . . . . . . . 4You Terminate Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4You Die . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Eligibility and Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Covered Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Credited Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Hours Banking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Eligibility Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Break in Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7Interruption of Covered Employment Before Pension Payments Begin . . . . . . . . . . . . . . . .7Prior Years of Credited Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Excused Absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Vesting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Pension Reciprocity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Retirement Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Normal Pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Early Pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Disability Pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Deferred Pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Employment After Normal Retirement Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12What Social Security Adds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

How Your Pension Is Paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Survivor Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Receiving a Disability Pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16If You Die and You Have Been Married More Than Five Years . . . . . . . . . . . . . . . . . . . . 16

How Reemployment Affects Your Pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Before Payments Begin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17After Payments Begin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18For a Short Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Applying for Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19If Your Application for Benefits Is Denied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19Assignment of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Plan Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21Employer Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21Union Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21Future of the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Your Rights Under ERISA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24Receive Information About Your Plan and Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24Prudent Actions by Plan Fiduciaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24Enforce Your Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25Allocation of Fiduciary Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25Assistance with Your Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

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As a participant in Pension Plan No. 2, youearn pension benefits while you work foremployers who contribute to the PensionTrust. At retirement, you can look forwardto retirement income for the rest of your life.The amount you will receive is based on youryears of credited service and age when youretire. Your pension benefits may also bea source of income to you if you becomedisabled, or to your survivors if you die.

The Plan is a non-contributory definedbenefit plan. That means:

The Plan provides a specific benefitamount when you retire.

You cannot contribute toward yourpension benefits. Participating employerspay the full cost of your pension benefitsthrough contributions to the Trust Fund.

You have no investment risk. The Planpays your pension benefits even if itsinvestments do poorly.

Your Pension PlanBenefits At-A-Glance

Feature Pension Plan Benefits

EligibilityYou become a participant in Pension Plan No. 2 on the dayyour employer is required to make a contribution for you underthe Plan.

CoveredEmployment

Covered employment includes any period of work for which youremployer is obligated to make contributions to the Trust Fund(see page 5 for details).

Eligibility Service

Eligibility service is used to determine when you qualify to receivepension benefits. Generally, you receive one year of eligibilityservice for each calendar year in which you have 400 or morehours of covered employment (see “Eligibility Service,” page 6).

Credited Service

Credited service is used to determine the amount of your pensionbenefits. Generally, you receive one full year of credited servicefor each calendar year in which you have 1,600 hours of coveredemployment (see “Credited Service,” page 5).

Cost of CoverageThe Plan is funded entirely by contributions made byparticipating employers.

Vesting

You are 100% vested in your pension benefits after you haveearned five years of eligibility service. That means you will notlose your rights to receive pension benefits if you stop working fora participating employer. You also become 100% vested if youreach your normal retirement age (generally age 65) while stillan active participant.

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Feature Pension Plan Benefits

When BenefitsAre Payable

• Normal Pension Benefits — At age 65 or, if later, your fifthanniversary of active Plan participation.

• Early Pension Benefits — As early as age 55 if you have atleast five years of eligibility service, or age 62 if you have atleast five years of eligibility service.

• Disability Pension Benefits — At any age when employmentends because of permanent disability and you have at least10 years of eligibility service, including at least five years ofeligibility service in the Plan.

• Deferred Pension Benefits — At age 55 if your employmentends before you reach age 55 and you have at least five yearsof eligibility service, or at age 62, if you have at least five yearsof eligibility service.

• Late Retirement Benefits — When you retire from activeemployment after normal retirement age distribution of yourpension benefits must begin no later than April 1 following thecalendar year you reach age 701/2, regardless of whether youhave retired.

Normal MonthlyRetirement Benefit

$52.50* x your years of credited service (see “Normal Pension,”page 10).

* Effective January 1, 2005.

Payment Method

• If YouAre Single — Your benefit will be paid as a life annuity(your full monthly pension benefit for as long as you live).

• If You Are Married — Your benefit will be paid as a 50%joint and survivor benefit (reduced monthly retirement benefitsfor as long as you live and, after your death, monthly retirementbenefits to your surviving spouse equal to 50% of yourmonthly retirement benefit). However, if your spouse is aqualifying spouse, you will receive an enhanced 50% jointand survivor benefit.

Survivor BenefitsIf you are married and die before your pension benefit begins,your spouse may receive a pension benefit if he or she meetscertain eligibility requirements (see “Survivor Benefits,” page 16).

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What Happens If…

You Are a New Participant

Your participation is automatic when you become eligible by working in Covered Employment.

You Change Your Marital Status

MarriageYour new spouse may be entitled to a benefit under the Plan when you die. Contact the FundOffice to notify them of your new spouse so they may update your records.

DivorceThe Plan may be required to make payments to your former spouse, child or other dependent ifa qualified domestic relations order is issued by a court of law.

You Are Laid Off

Active participation continues until you stop earning credited service because of a “break inservice.” If you are laid off because of a reduction in workforce, you may have an “excusedabsence,” provided you return to covered employment within 31 days after the layoff ends.Excused absences are combined with your hours of covered employment to determine whether abreak in service has occurred. Contact the Fund Office if you believe you qualify for an excusedabsence due to lay-off.

You Become Disabled

You will be credited with up to 501 hours of eligibility service for each period you are on ShortTerm Disability. You may be eligible for a disability pension if your employment ends becauseof a permanent disability that begins after you have at least 10 years of eligibility service. You getyour full monthly pension amount, without reduction, even if you begin receiving a disabilitypension before your Normal Retirement Date. The Trustees may request that you undergo upto two medical exams each year while you are disabled. Disability Pension benefits will end ifyou fail to take a requested exam or you cease to be disabled.

You Need to File a Disability ClaimNotify the Fund Office of your disability as soon as possible. The Fund Office will send a claimform for you, your employer and your physician to complete and return.

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?WHATHAPPENS

IF…

You Retire

Normal retirement is age 65 with at least five years of eligibility service. You may receiveunreduced pension benefits as early as age 62 with at least five years of eligibility service, orreduced pension benefits as early as age 55 with at least 10 years of eligibility service. Yourpension benefits are paid to you as long as you live. After your death, your eligible spouse orchildren may continue to receive a portion of your pension benefits.

Applying for BenefitsTo apply for pension benefits, you should contact the Fund Office for benefit forms. You mustfile an application with the Fund Office, who will then present your application to the Trusteesfor approval. You may be asked to supply evidence of age and any other information that isnecessary to process your application.

The Fund Office should receive the application by the end of the month prior to your retire-ment date. You can expect benefit payments to begin at least 90 days after you submit yourapplication to the Fund Office. Your first pension benefit payment will be retroactive to the firstday of the month following receipt of your completed application and approval by the Trustees.

Your Employer Stops Making Contributions to the Trust

Active participation ends if your employer no longer makes required contributions to thePension Trust. Contact the Fund Office for more information.

You Terminate Employment

You may be entitled to receive your pension benefit when you are at least age 55 with 10 ormore years of eligibility service. Contact the Fund Office for more information.

You Die

If you die while actively employed, your spouse may be eligible for a monthly benefit from thePlan (see “Survivor Benefits,” page 16).

Applying for BenefitsTo apply for survivor benefits, your spouse should contact the Fund Office for benefit forms.Your spouse must file an application with the Fund Office, who will then present the applicationto the Trustees for approval. Your spouse must submit a copy of your death certificate and anyother information that is necessary to process the application.

The Fund Office should receive the application approximately 60 days before your spouseexpects the first payment.

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Eligibility andServiceYou become a participant in Pension PlanNo. 2 on the day an employer is required tomake a contribution for you under the Plan.Credited service determines the amount ofyour pension benefits. While you are a Planmember, you may also accrue eligibility serv-ice, which generally determines when youqualify for pension benefits. Participationcontinues until you stop earning creditedservice because of a break in service (see“Break in Service,” page 7).

Covered EmploymentCovered employment includes allperiods of work for which youremployer is obligated to makecontributions to the Pension TrustFund or, for prior years of creditedservice, your employer would havebeen obligated to make contribu-tions if the contribution requirementhad been in effect during that period(see “Break in Service,” page 7).It also includes periods of work forwhich your employer is obligatedto make contributions to anotherpension fund that transfers thecontributions to the Pension Trustunder a reciprocity agreement(see “Pension Reciprocity,” page 9).However, covered employment doesnot include a period of work forwhich contributions to the TrustFund are transferred to anotherpension fund.

Credited ServiceCredited service is used in determining theamount of your pension benefits.

Service Before 1976: For credited servicecalculation before 1976, you were eligibleto receive one-fourth of a year of creditedservice for each 400 hours of coveredemployment you worked during eachcalendar year. You were eligible to receivethe maximum amount — one full year ofcredited service — for 1,600 or more hoursof covered employment in a calendar year.

Service After 1975: Beginning in 1976, youare eligible to receive one full year of creditedservice for each calendar year in which youhave at least 1,600 hours of covered employ-ment. For each calendar year in which youhave at least 400 but fewer than 1,600 hoursof covered employment, you receive creditedservice in proportion to your number ofhours of covered employment.

Service During Long Term Disability:Beginning on July 1, 1981, you are eligibleto receive 40 hours of credited service foreach week during which you receive long-term disability payments from the ElectricalInsurance Trustees Health & Welfare Planfor Construction Workers. Weeks duringwhich you qualify for such payments butdo not receive them (because they areentirely offset by other benefits or by rehabil-itative employment earnings) are consideredweeks of payment.

Service in the Armed Forces of theUnited States: If you are eligible forreemployment rights under the UniformedServices Employment and ReemploymentRights Act of 1994 (USERRA), the timeyou serve in the military may count towardyour credited service. You must have leftcovered employment due to qualifyingmilitary service and must return to coveredemployment within the USERRA timelimits. To determine if you are eligible toreceive credited service for your militaryservice, send a copy of your DD 214 form(available from the Department of Defense)

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to the Fund Office’s Pension Department forreview. You can get more information aboutyour rights under USERRA athttp://www.dol.gov/compliance/laws/comp-userra.htm.

Hours BankingBeginning on January 1, 2005, subject to therules described below, you can carry over anyhours of covered employment you have inexcess of 1,600 into the next calendar yearfor purposes of determining your creditedservice. This means, if you work more than1,600 hours in one year, and less than 1,600hours in the next year, you can use these“banked” hours to help meet the 1,600 hoursrequirement for that next year. This gives youthe opportunity to receive up to a full year ofcredited service for a year in which you workless than 1,600 hours. Hours worked in 2004will be considered for banking for 2005.

Banked hours only carry over for one year, soif you don’t need them to meet your 1,600hours of covered employment in that year toobtain additional credited service, thosebanked hours will lapse and will not be avail-able to carry over to a later calendar year.Following is an example of how hours bank-ing works:

Eligibility ServiceYour eligibility service determines eligibilityfor pension benefits under this and any otherpension plan maintained by the Trustees.Your eligibility service earned under anotherpension plan sponsored by the Trustees alsocounts toward eligibility service in this Plan.

Service Before 1976: Before 1976, eligibilityservice was determined by the Plan provi-sions in effect at that time. You were eligibleto receive one year of eligibility service foreach calendar year in which you had at least400 hours of covered employment.

Service After 1975: Beginning in 1976,you earn a year of eligibility service for eachcalendar year in which you have:

400 or more hours of covered employ-ment, or

1,000 or more hours with a participatingemployer that is not covered employment.The 1,000-hour period of employmentmust immediately precede or followcovered employment with the sameemployer. You must provide the FundOffice with a letter from your employerverifying this employment.

Year

Hours ofCovered

EmploymentBankedHours

Bank HoursUsed

Credited Serviceunder HoursBanking

2004 2,000 400 n/a 1.0000

2005 1,500 0 100 1.0000

2006 2,000 400 0 1.0000

2007 1,700 100 0 1.0000

2008 1,400 0 100 .9375

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You also receive eligibility service for anyemployment period that counts as serviceunder any pension plan sponsored by theTrustees or under the Retirement Plan forEmployees of I.B.E.W., Local Union 134.

Service During Short Term Disability:You can receive up to 501 hours of eligibilityservice during each Plan year you are onshort-term disability.

Service in the Armed Forces of theUnited States: If you are eligible forreemployment rights under the UniformedServices Employment and ReemploymentRights Act of 1994 (USERRA), the time youserve in the military may count toward youreligibility service. You must have left coveredemployment due to qualifying military serv-ice and must return to covered employmentwithin the USERRA time limits. To deter-mine if you are eligible to receive creditedservice for your military service, send a copyof your DD 214 form (available from theDepartment of Defense) to the Fund Office’sPension Department for review. You can getmore information about your rights underUSERRA at http://www.dol.gov/compliance/laws/com-userra.htm.

Break in ServiceA break year occurs during any calendar yearin which you either:

fail to earn a year of eligibility service, or

have less than 400 combined hours ofcovered employment and excusedabsences.

If you have 400 or more hours of coveredemployment and excused absences combined,a break year will not occur.

A break in service occurs when the numberof your consecutive break years equals thegreater of:

five or more (two or more if the firstbreak year is before 1985), or

the number of your years of eligibilityservice.

If you are vested when you incur a break inservice, you keep your eligibility and creditedservice. If you are not vested when you incura break in service, both your eligibility andcredited service are canceled.

Interruption of CoveredEmployment Before PensionPayments BeginGenerally, if you stop working in coveredemployment for two or more consecutive breakyears (meaning you had at least two consecu-tive years in which you did not earn eligibilityservice), then your pension benefit will bedetermined based on the following rules:

If you returned to work in coveredemployment before August 15, 2004and earn eligibility service and anycredited service after that date, yourbenefit will be determined by the Planprovisions in effect on the last date youwork in covered employment.

If you return to work in coveredemployment on or after August 15,2004 and earn at least two years ofcredited service within 36 months afterresuming covered employment, yourpension benefit will be determined bythe Plan provisions in effect on the lastdate you work in covered employment.

If you return to work in coveredemployment, but you don’t meet therequirements of paragraphs 1 or 2 above,your pension benefit will be determinedseparately for the time before and afterthe break years as follows:

— Your pension benefit for yourcredited service before the breakyears will be based on the Planprovisions in effect on the dateyou stopped working in coveredemployment before the break years.

7

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— Your pension benefit for your credit-ed service after the break years willbe based on the Plan provisions ineffect on the date you stoppedworking in covered employmentafter the break years.

If you don’t return to work in coveredemployment after the break years, yourpension benefit will be based on thePlan provisions in effect on the date youstopped working in covered employment.

Prior Years ofCredited ServiceYears of credited service earned beforeJanuary 1, 1976 will be determined underthe provisions of the Plan in effect onDecember 31, 1975, provided that:

pre-1976 credited service previouslycanceled because of a break in servicemay be reinstated at retirement if,after January 1, 1975, you earn ten ormore years of credited service withouta break in service, provided you werean active Participant on or afterJanuary 1, 1998; and

pre-1976 credited service will not becanceled because of a break in service ifyou had any uncancelled credited serviceas of January 1, 1984 and you retire onor after July 1, 1984, unless

— you had not earned ten years ofcredited service at the time yourservice was canceled, and

— the number of your consecutivebreak years equaled the greater oftwo or the number of your years ofcredited service at the time yourservice was canceled.

Excused AbsencesExcused absences are certain time periodsthat are combined with covered employmentsolely to determine whether a break year hasoccurred. Such excused absences do notcount as either eligibility service or creditedservice. Up to 40 hours per week are grantedin calculating excused absences. An excusedabsence is any period during which you are:

disabled and unable to work because ofoccupational injury or sickness for whichyou received compensation under work-ers’ compensation or an occupationaldisease act,

performing required or emergencyservice in the Armed Forces of theUnited States, provided that you makeyourself available for covered employ-ment within 90 days after separationfrom such military service,

holding a full-time position with:

— Local Union 134,

— the apprentice school as aninstructor,

— the I.B.E.W. or

— an elected or appointedpublic office, provided that youreturn to covered employmentwithin 31 days after leaving suchposition(s),

working for a participating employer butnot in covered employment, providedthat you return to covered employmentwithin 31 days after such otheremployment ends (Note: You may alsoearn eligibility service for this employ-ment, as discussed under “EligibilityService” on page 6),

disabled by an illness or injury incurredoff the job, provided that you return tocovered employment within 31 daysafter the date on which the Trusteesdeem you recovered,

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laid off because of a reduction in theworkforce, provided that you return tocovered employment within 31 daysafter the layoff ends,

on a leave of absence granted by a partic-ipating employer and accepted as anexcused absence by the Trustees, provid-ed that a copy of the conditions of theleave of absence is received by theTrustees within one month after yourleave of absence starts, that your leave ofabsence lasts no longer than one yearand that you return to covered employ-ment within 31 days after it ends,

absent from work because of pregnancyor birth of a child, placement of a childin connection with adoption, or care fora child immediately following birth oradoption (you must provide writtennotification of such absence within 90days after such absence starts and pro-vide proof, as requested by the Trustees,of the reason for your absence), or

working as an employee for aparticipating employer outside theUnion’s jurisdiction.

To receive excused absence credit for thehours, you must notify the Fund Officewithin 90 days of the start of any excusedabsence.

VestingVesting means that you will not lose yourrights to pension benefits if you stop workingfor a participating employer. You are vestedin your pension benefits after you have:

earned five years of eligibility service, or

reached your normal retirement age,which is the later of your 65th birthdayor the fifth anniversary of your activePlan participation.

Pension ReciprocityIf you work in another jurisdiction under areciprocity agreement, contributions made byan employer to another pension fund may betransferred to the Pension Trust to providecovered employment in this Plan. Similarly,contributions to the Pension Trust may betransferred, in certain circumstances, toanother pension fund to provide coverageunder that pension fund.

If contributions for your work aretransferred from another pension fundto the Pension Trust, the work countstoward your covered employment,depending on the contribution rate ofthe other pension fund.

If contributions for a period of yourwork are transferred from the PensionTrust to another pension fund, that workdoes not count as covered employmentunder Pension Plan No. 2.

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RetirementBenefitsThe Plan offers a number of differentpensions to meet individual situations,including:

a normal retirement pension if you endemployment after reaching normal retire-ment age, which is the later of:

— age 65, or

— the fifth anniversary of activePlan participation.

an early pension if you end employmentafter reaching:

— age 55 with at least 10 years ofeligibility service, or

— age 62 with at least five years ofeligibility service.

a disability pension if you are disabledwhile in covered employment and afteryou have earned at least five years of eli-gibility service in this Plan and at least10 years of eligibility service in any pen-sion plan sponsored by the Trustees.

a deferred pension if you end employ-ment after earning at least five years ofeligibility service but before you qualifyfor an early pension. You can beginreceiving your deferred pension whenyou meet the age and service require-ments for an early pension (see above).

Besides meeting the age and service require-ments, you must also end any employmentwithin the trade and geographical jurisdictionof Local Union 134 to qualify for any pension.

You will not receive a pension payment forany month in which you receive disabilitybenefits financed by your employer under acollective bargaining agreement.

Normal PensionThe amount of your normal pension benefitdepends on your credited service and the lastdate employer contributions are made onyour behalf, provided you work in coveredemployment and earn eligibility service andcredited service in that year. If the lastemployer contribution you earn is on or afterJuly 1, 2004, your normal monthly pension iscalculated as shown below:

$52.50* x your years of credited service

* This rate became effective January 1, 2005. Participantswho became eligible for a normal pension on or afterJuly 1, 2004 were eligible for the $52.50 rate for pay-ments made on or after January 1, 2005.

Your accrued benefit, which is the benefityou have earned under the Plan to-date, isbased on the above formula.

Normal Pension ExampleLet’s suppose George retires at age 62 with30.5 years of credited service. His benefitis calculated like this:

30.5 years x $52.50 =$1,601.25 monthly pension

In this example, George receives $1,601.25a month from Pension Plan No. 2 based ona single life annuity pension. If George ismarried the monthly amount he receivesmay be reduced depending on whether heand his wife receive a 50% joint and survivorpension and whether his wife is a qualifyingspouse. See “How Your Pension Is Paid” onpage 14 for more information.

In addition to his Pension Plan No. 2pension benefits, George may also be entitledto receive an International (I.O.) Pension,National Electrical Benefit Fund (NEBF)Pension and Social Security benefits.

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Early PensionYou are eligible for an early pension if youare at least:

age 55 and have earned at least 10 yearsof eligibility service, or

age 62 and have earned at least five yearsof eligibility service.

Your early pension will first be calculated likea normal pension and then adjusted. You canreceive the full monthly pension amountstarting at age 62 or a permanently reducedpension starting as early as age 55.

The amount your pension benefits arereduced for early commencement dependsupon your age when you start receivingthem. The amount of the reduction is 1/2%for each month (6% for each year) that bene-fits begin before age 62. For example, if yourpension starts one year early, at age 61, youget 94% of the monthly amount you wouldhave received if it started at age 62. If it startstwo years early, at age 60, you get 88%, andso on, as listed in the table below. Thisreduction is made to compensate for thelonger period of time you are likely to receivepayments.

Early Pension ExampleLet’s assume Amy retires at age 60 with25 years of credited service. Based on theEarly Retirement Reductions chart, Amy’spension is figured as follows:

25 years x $52.50 = $1,312.50monthly pension starting at age 62 .88

(88% from the Early RetirementReductions chart) x $1,312.50 =

$1,155 monthly pension starting at age 60

In this example, Amy receives $1,155 amonth from Pension Plan No. 2 based on asingle life annuity pension. If Amy is marriedthe monthly amount she receives may bereduced depending on whether she and herspouse receive a 50% joint and survivorpension and whether her spouse is a qualify-ing spouse. See “How Your Pension Is Paid”on page 14 for more information.

Disability PensionYou are eligible for a disability pension ifyour covered employment ends because ofdisability that begins while you are workingin covered employment (defined on page 5)and after you have:

at least 10 years of eligibility service inany pension plan sponsored by theTrustees, including

at least five years of eligibility service inPension Plan No. 2.

You must be determined to be disabled bythe Social Security Administration and beentitled to receive a disability benefit underTitle II of the Social Security Act.

If you qualify for a disability pension, you getyour full monthly pension amount withoutreduction even if you retire before age 62.

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Early Retirement Reductions

Age PaymentsStart

Percent ofNormal Pension

62 100%

61 94%

60 88%

59 82%

58 76%

57 70%

56 64%

55 58%

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Payments begin on the first day of the monthfollowing the date that you apply for a bene-fit and qualify for a Social Security disabilitybenefit. However, a pension is not paid forany month during which you receive accidentand sickness or long-term disability paymentsfrom any other program financed by youremployer (other than Social Security), whetherunder the collective bargaining agreement or not.

Payments end when the Trustees determineyour disability has ended or when you refuseto undergo a medical exam requested by theTrustees. The Trustees may request up to twomedical exams during any calendar year.The Trustees have discretionary authority todetermine if you are no longer disabled.

Form of Disability PaymentIf your disability begins before your normalretirement date, you will be eligible for adisability pension in the form of an unre-duced single life annuity pension. Once youreach your normal retirement date, you willbe eligible for a retirement pension. If you aresingle, your retirement pension will continueto be paid in the form of an unreduced singlelife annuity. However, if you are married,your retirement pension will be paid as a50% joint and survivor pension unless youelect, with your spouse’s written consent, anoptional payment form.

Deferred PensionIf your covered employment ends before youreach age 55 and you have at least five yearsof eligibility service, you can receive yourfull monthly pension amount at age 62, asdescribed on page 11. However, if you stopworking in the industry, you can receive areduced pension beginning any time afterage 55 provided you have at least 10 yearsof eligibility service. This reduction is thesame as for an early pension.

Employment AfterNormal Retirement AgeIf you continue to work after your normalretirement age, you may earn additionalcredited service and eligibility service. Yourpension benefit will not be less than the actu-arial equivalent of your full normal pension.

No pension is paid if you engage in industryemployment while under age 65. On andafter age 65, if you retire and are later rehiredwithin the trade and geographic jurisdictionof Local Union 134 before age 701/2 andwork 40 or more hours a month, your pen-sion payments will be suspended. Paymentsbegin again when you work less than 40hours a month or when you cease industryemployment and will be recalculated to takeinto account any additional years of creditedservice that you earned by reason of suchreemployment. Under special rules, pensionpayments may continue to be made if youwork over 40 hours per month, providedyou work less than 240 hours in a calendaryear. Also, you must give written notice tothe Trustees in advance, who may or maynot permit you to continue reemployment.

When payments begin again, they will notbe less than the amount you were previouslyreceiving.

Suspension of BenefitsYou have a “suspension of benefits” if:

you continue industry employment afteryour normal retirement age, or

you are receiving a pension benefit andyour pension stops because of reemploy-ment in the industry.

Suspension of benefits is a Department ofLabor term that means you have retired orreached your normal retirement age but yourpension is not being paid because you arestill working at least 40 hours per calendarmonth in industry employment.

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What Social Security AddsDuring your employment, both you andyour employer pay the same amount inSocial Security taxes based on your earnings.Your Social Security benefits are based onyour earnings taxed by Social Security overyour working life and adjusted for increasesin national average wages. Social Securityretirement benefits can start as early as age 62but are reduced if they begin before yourSocial Security normal retirement age. Undercurrent law, your Social Security normalretirement age can range from age 65 to 67,depending on the year you were born.

Your spouse may also receive benefits basedon your Social Security earnings record.Under current rules, this amount is 50% ofyour Social Security benefit if both benefitsstart at age 62 or at your and your spouse’sSocial Security normal retirement date.

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How YourPension Is PaidThe form of payment available to youdepends on your marital status.

If you are single when your pensionpayments begin, you will automaticallyreceive a single life pension. Under thisform of payment, you receive your monthlypension benefit for as long as you live. Afteryour death, no payments will be made toanyone else.

If you are married when your pension begins,you either will be eligible for a reduced,actuarially equivalent benefit 50% joint andsurvivor benefit or, if you have a qualifyingspouse, an enhanced 50% joint and survivorbenefit, unless you and your spouse, with hisor her written consent, elect otherwise.

Your spouse is a qualifying spouse who iseligible for the enhanced benefit if:

you are married continuously to thesame spouse for the five years before:

— your last day of credited serviceor excused absence, or

— your last day of credited serviceunder one of the related pensionplans discussed on page 10; and

you are still married at the time yourbenefit payments begin.

A spouse who is divorced or legallyseparated from you at the time of your deathis not eligible.

Actuarially Equivalent (Reduced) Benefit:If your spouse is not a qualifying spouse, youwill automatically receive a 50% joint andsurvivor pension for you and your spouseunless you and your spouse elect otherwise.Under this form of payment, you receive areduced monthly pension for as long as youlive. After your death, 50% of your reducedpension will continue to be paid to youreligible spouse every month for the rest ofhis or her life.

To be eligible, your spouse must be marriedto you when payments begin. Since thesepayments are expected to be made over twolifetimes, the reduction to your pension willdepend on the ages of you and your spouse.

Enhanced Benefit: If your spouse is a quali-fying spouse, you will automatically receivean enhanced joint and survivor pension foryou and your spouse unless you and yourspouse elect otherwise. Under this benefitform, your 50% joint and survivor pensionbenefit is not reduced. Your benefit is equalto the amount you would receive under thesingle life pension. After your death, youreligible spouse will continue to receive theamount of you pension benefit for 10 years,beginning on the first day of the monthfollowing your death. After 10 years, yourspouse receives half of that amount for therest of his or her life. If you are not marriedor your spouse dies while receiving thissurvivor pension benefit, your children areeligible for this benefit until they reach age22. Each eligible child receives a pro ratashare of the benefit.

Your surviving spouse’s pension is actuariallyreduced if your spouse is more than five yearsyounger than you.

If you are married, you may choose to receiveyour pension in the single life payment form.However, to do so, you must provide theFund Office with the written and notarizedconsent of your spouse within 90 days beforeyour pension begins.

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Example of AutomaticPension Payment FormsLet’s suppose Frank retires at age 65with 30 years of credited service and iseligible to receive a single life pensionof $1,500 a month.

• If he is single, Frank receives $1,500a month for the rest of his life.

• If he is married and he and hisspouse are the same age, but hisspouse is not eligible for theenhanced 50% joint and survivorpension, Frank receives the actuari-ally equivalent 50% joint and sur-vivor pension of:

— $1,342.80 a month for the restof his life, and

— $671.40 to his spouse for therest of her life after Frank dies.

• If he is married, his spouse is nomore than five years younger thanFrank, and his spouse is a qualifyingspouse eligible for the enhanced50% joint and survivor pension,Frank receives the enhanced 50%joint and survivor pension of:

— $1,500 a month for the rest of hislife, and

— $1,500 to his spouse until thetenth anniversary of the first pen-sion payment after Frank's death,and then

— $750 to his spouse for the rest ofher life.

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SurvivorBenefitsIf you die before pension payments begin,the Plan provides benefits for your eligiblesurvivors. Your survivor’s eligibility forsurvivor benefits depends on such factors asyour credited service, age and marital status.

If you die after you are vested, your survivingeligible spouse receives the following benefit:

If you die after age 55, your spousereceives half of the amount you wouldhave received if you retired with a 50%joint and survivor pension on the daybefore you died. For payments beginningbefore age 62, the pension is reduced inthe same manner as early retirement.Your spouse’s benefit will begin the firstday of the month after you die and con-tinue until his or her death.

If you die on or before age 55, yourspouse receives half of the amount youwould have received if you:

— left employment on the earlier ofthe date of your death or your actuallast day of employment,

— survived to age 55, and

— began receiving a 50% joint andsurvivor pension beginning onthat date.

Your spouse’s benefit will begin on the firstday of the month following the date of your55th birthday. Your spouse may elect pay-ments to begin later but not after the dateyou would have reached age 701/2.

If you have been married for more than fiveyears, your spouse may be eligible for thebenefit described below under “If You Dieand You Have Been Married More Than FiveYears.”

Receiving a Disability PensionIf you die before you reach NormalRetirement Age and elect your form ofpension payment, your spouse is eligible foreither the surviving spouse benefit describedabove or the survivor benefit describedbelow, depending on how long you havebeen married. However, if you die afterelecting your form of pension payment, yourspouse’s survivor benefit will depend on thebenefit form you elected (see page 14).

If You Die and You HaveBeen Married More ThanFive YearsIf you die and you and your spouse havebeen married continuously for at least fiveyears on your last day of credited service,your spouse generally will receive yourpension benefit (unreduced for earlypayment), payable upon your death for10 years. If your spouse is more than fiveyears younger than you, he or she receivesactuarially reduced amounts. After 10 years,your spouse receives half of that amountfor the rest of his or her life.

Your spouse is eligible if you have at least10 years of credited service or 25 years ofeligibility service and:

you die before your pension paymentsbegin, or

you die while receiving a disability annu-ity, which started after June 30, 1981.

To be eligible for this special survivingspouse payment form, you and your spousemust have been married continuously forfive years on:

your last day of credited service orexcused absence, or

your last day of credited serviceunder one of the related pension plans.

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However, a spouse who is divorced orlegally separated from you or is alreadyreceiving a survivor pension from the Planis not eligible.

If you do not have an eligible spouse or ifyour spouse dies while receiving this survivorpension, your children are eligible for thisbenefit until they reach age 22. Each eligiblechild receives a pro rata share of the benefit.

HowReemploymentAffects YourPensionIf you return to work after a break in serviceor after you retire, your retirement benefitmay be affected.

Before Payments BeginIf you return to covered employment after abreak in service but before receiving pensionpayments, your pension amount for eachperiod will be determined as described below.You will need to meet the eligibility servicerequirements when you return to work (seepage 5).

If you returned to work in coveredemployment before August 15, 2004 andearn eligibility service and any creditedservice after that date, your benefit willbe determined by the Plan provisionsin effect on the last date you work incovered employment.

If you return to work in coveredemployment on or after August 15,2004 and earn two years of creditedservice within a 36 month period, yourpension benefit will be determined bythe Plan provisions in effect on the lastdate you work in covered employment.

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If you return to work in coveredemployment, but you don’t meet therequirements described in either of thetwo bulleted items above, your pensionbenefit will be determined separately forthe time before and after the break yearsas follows:

— Your pension benefit for your credit-ed service before the break years willbe based on the Plan provisions ineffect on the date you stoppedworking in covered employmentbefore the break years.

— Your pension benefit for your credit-ed service after the break years willbe based on the Plan provisions ineffect on the date you stoppedworking in covered employmentafter the break years.

If you don’t return to work in coveredemployment after the break years,your pension benefit will be based onthe Plan provisions in effect on thedate you stopped working in coveredemployment.

After Payments BeginIf you resume employment within the tradeand geographical jurisdiction of Local Union134 before age 701/2 while receiving pensionpayments, your pension will stop immediately.However, payments will not be stopped ifyou notify and receive permission from theTrustees and you:

are at least age 65 and are employed forless than 40 hours per month, or

are employed for less than 240 hoursin any calendar year (see “For aShort Period”).

Any payments made in error during such aperiod of reemployment must be repaid.

When you retire or reach age 701/2, yourpension will include any amount attributableto any credited service during the period ofsuspension.

The pension payable upon your later retire-ment date will be the sum of the monthlyamount attributable to your earlier employ-ment and the monthly amount attributableto any credited service during your reemploy-ment. However, if you had been receiving adisability pension and resumed coveredemployment both before reaching yournormal retirement age and within 12 monthsafter your disability ended, your later pensionmay be figured under the Plan provisions ineffect on your later retirement date. For thisto apply you must earn one year of eligibilityservice for the calendar year in which yourdisability ends or the succeeding calendar year.

For a Short PeriodYou may return to employment after yourpension begins for a short period and contin-ue to receive a pension other than the disabil-ity pension. To qualify for continuing pen-sion payments, you must:

give the Trustees advance written noticeand receive permission to return toemployment, and

work in covered employment for lessthan 240 hours in any calendar year.

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Applying forBenefitsTo apply for your Pension Plan No. 2 benefits,you (or your beneficiary) may telephone orwrite to the Fund Office for benefit forms.You (or your beneficiary) must file an appli-cation with the Fund Office, who will thenpresent your application to the Trustees forapproval. You (or your beneficiary) mustsupply evidence of age and any otheradditional information the Trustees considernecessary to process the application.

The application should be received by theFund Office by the end of the month priorto your retirement date. You can expect ben-efit payments to begin at least 90 days fromyour retirement date. Your first payment willbe retroactive to your retirement date. It isyour responsibility to furnish any informa-tion needed, including a current mailingaddress. The Plan provides survivor pensionsto eligible spouses or children as describedon page 16.

The Trustees rely on the information youprovide with your application. In the eventyou claim credit for hours worked in coveredemployment which are not reflected by therecords of the Fund Office, you must submitsufficient evidence, satisfactory to theTrustees, to substantiate any such additionalhours claimed. If you willfully make a falsestatement that is material to your applicationor furnish fraudulent information, benefitsunder the Plan may be denied, suspended ordiscontinued. The Trustees have the right torecover any benefit payments made inreliance on any willfully false or fraudulentstatements.

If Your Application forBenefits Is DeniedIf an application is partially or whollydenied, you (or your beneficiary) will benotified within 90 days (45 days if the appli-cation is for a disability pension) from thetime the application is received by theTrustees or within 180 days (75 days withone extension or 105 days with two exten-sions, if the application is for a disabilitypension) if the Trustees notify you before theend of the initial notification period thatadditional time is needed for processing theapplication. To help you refile your applica-tion the denial notice will give you:

The specific reason for the denial;

Reference to the specific Plan provisionson which the determination is based;

A description of any additional materialor information necessary for you toperfect the claim and an explanationof why it’s needed;

A description of the Plan’s reviewprocedures and time limits;

A statement of your right to bring acivil action under Section 502(a) ofERISA following a denial of yourclaim on review;

If your application is for a disabilitypension, your right to receive, uponyour request, a copy of any internalrules, guidelines, protocols, or othersimilar criteria used as a basis for thedenial; and

If your application is for a disabilitypension, your right to receive, uponyour request, an explanation of thescientific or clinical judgment that wasused in applying the terms of the Planto your medical circumstances.

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You or your beneficiary may request a reviewby the Trustees no later than 60 days after anotice of denial is received (180 days if thedenied application is for a disability pension).This request must be in writing and specifythat it is an appeal for a review of a deniedapplication for benefits. In connection withthis appeal, you, your beneficiary or a repre-sentative has the right to review pertinentdocuments and submit issues and commentsin writing to the Trustees. You may requestcopies of all documents, records and otherinformation relevant to your denied claim. Ifyou are appealing a denial of an applicationfor a disability pension, you may also requestaccess to:

any policy, statement or guidanceconcerning the denied treatment optionor benefit for your diagnosis, regardlessof whether it was relied on in the denial;and

the identity of medical or vocationalexperts whose advice was obtained onbehalf of the Plan in connection withthe denial, regardless of whether theadvice was relied on in the denial.

A written decision on appeal, including spe-cific reasons and references to pertinent Planprovisions, will be made within 60 days (45days if you are appealing the denial of a dis-ability pension) after the appeal is made. Thisperiod may be extended to 120 days (90 daysif you are appealing the denial of a disabilitypension) if special circumstances requireadditional time and the Trustees notify youthat additional time is needed before the endof 60 days (45 days for a disability appeal).The Trustees’ decision is final and binding.

Assignment of BenefitsThe Plan is intended to pay pension benefitsonly to you or your eligible survivors. Yourpension benefits cannot be used as collateralfor loans or assigned in any other way, exceptin connection with certain domestic relationsorders issued by a court of law. A domesticrelations order requires payment of mainte-nance, child support or other marital assets(which could include all or a portion of yourbenefit from this Plan) to a spouse, formerspouse, child or other dependent. You will benotified if such an order is received againstyou. You are entitled to receive, upon requestand at no charge, a copy of the Plan’s proce-dures used in determining the qualified statusof a domestic relations order.

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PlanAdministrationThe Electrical Contractors’ Association andLocal Union 134, I.B.E.W. Joint PensionTrust of Chicago Pension Plan No. 2(Pension Plan No. 2) described in this book-let is administered by the:

Board of Trustees of Electrical Contractors’Association and Local Union 134, I.B.E.W.Joint Pension Trust of Chicago221 North LaSalle Street, Suite 200Chicago, Illinois 60601-1273

The benefit program is administered underprovisions of the Employee RetirementIncome Security Act of 1974, as amended(ERISA) and the Internal Revenue Code of1986, as amended. All of your rights and ben-efits are solely governed, respectively, by theJoint Pension Trust and Pension Plan No. 2.

Sean P. Madix, located at 221 North LaSalleStreet, Suite 200, Chicago, Illinois 60601-1273, is the agent for service of legal processconcerning the Plan. The telephone number is(312) 782-5442. Service may also be made onthe Board of Trustees or an individual Trusteeat the addresses listed on the next page.

The Plan Trustees who authorize benefitpayments have the authority to resolve ques-tions concerning the Plan and to make rulesto implement the Plan. The Trustees have dis-cretion to interpret the provisions of the Planto determine eligibility and Plan benefits.Benefits will only be paid when the Board ofTrustees, or persons delegated by them to makesuch decisions, decide, in their sole discretion,that the participant or beneficiary is entitled tobenefits under the terms of the Plan.

As of January 1, 2006, the Trustees are asfollows:

Employer TrusteesWilliam T. Divane, Jr.Divane Bros. Electric Company2424 North 25th AvenueFranklin Park, Illinois 60131-3323(847) 455-7143

Thomas C. HalperinCommercial Light Co.245 Fencl LaneHillside, Illinois 60162-2060(708) 449-699

Michael R. WalsdorfAdvent Systems, Inc.477 West Wrightwood AvenueElmhurst, Illinois 60126-1011(630) 279-7171

Kenneth BauwensJamerson&BauwensElectrical Contractors, Inc.3055 MacArthur BlvdNorthbrook, Illinois 60002(847) 291-2000

Kevin O’SheaShamrock Electric Company1281 E. Brummel AvenueElk Grove Village, IL 60007(847) 593-6070

Union TrusteesMichael FitzgeraldMichael J. CaddiganSamuel EvansJames NorthLarry Crawley

I.B.E.W. Local 134600 West Washington BoulevardChicago, Illinois 60661-2490(312) 454-1340

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All questions and requests for informationshould be sent to the Trustees at thefollowing address:

Attention: Plan AdministratorECA & Local 134 I.B.E.W.Joint Pension Trust of ChicagoPension Plan #2221 North LaSalle Street, Suite 200Chicago, Illinois 60601-1273

Your participation under the Plan is paid forby contributions of the participating employ-ers to the Board of Trustees of ElectricalContractors’ Association and Local Union134, I.B.E.W. Joint Pension Trust of Chicago.The amount of the contribution is establishedby the Plan’s actuary. Assets are held in trustby the Trustees and disbursed by them.Contributions are sent to the custodian, TheNorthern Trust Company, for investment.

Plan administration and Plan records aremaintained on a fiscal-year basis with thePlan year ending on June 30.

The employer identification number forfederal government purposes is 51-6030753.The Plan number is 002.

Future of the PlanAlthough the Trustees intend to continue thePlan indefinitely, the Trustees reserve theright to change or discontinue the Plan atany time for any reason in their sole andunrestricted discretion. Modifications oramendments may be made retroactively, ifnecessary, to qualify or maintain the benefitsprogram in order to meet the requirementsof the Internal Revenue Code of 1986, asamended or the Employee RetirementIncome Security Act of 1974, as amended(ERISA). No amendment will deprive you ofany benefits to which you’ve earned the right,to the extent that those benefits are thenfunded. If the Plan is terminated, your pen-sion will be 100% vested.

Your pension benefits under this multiem-ployer plan are insured by the PensionBenefit Guaranty Corporation (PBGC), afederal insurance agency. A multiemployerplan is a collectively bargained pensionarrangement involving two or more unrelatedemployers, usually in a common industry.

Under the multiemployer plan program, thePBGC provides financial assistance throughloans to plans that are insolvent. A multiem-ployer plan is considered insolvent if the planis unable to pay benefits (at least equal to thePBGC’s guaranteed benefit limit) when due.

The maximum benefit that the PBGC guar-antees is set by law. Under the multiemployerprogram, the PBGC guarantee equals a par-ticipant’s years of service multiplied by (1)100% of the first $11 of the monthly benefitaccrual rate and (2) 75% of the next $33 ofthe monthly benefit accrual rate. ThePBGC’s maximum guarantee limit is $35.75per month times a participant’s years of serv-ice. For example, the maximum annual guar-antee for a retiree with 30 years of servicewould be $12,870.

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The PBGC guarantee generally covers: (1)Normal and early retirement benefits; (2) dis-ability benefits if you become disabled beforethe Plan becomes insolvent; and (3) certainbenefits for your survivors.

The PBGC guarantee generally does notcover: (1) Benefits greater than the maximumguaranteed amount set by law; (2) benefitincreases and new benefits based on planprovisions that have been in place for fewerthan 5 years at the earlier of: (i) the date thePlan terminates or (ii) the time the planbecomes insolvent; (3) benefits that are notvested because you have not worked longenough; (4) benefits for which you have notmet all of the requirements at the time theplan becomes insolvent; and (5) non- pen-sion benefits, such as health insurance, lifeinsurance, certain death benefits, vacationpay, and severance pay.

For more information about the PBGC andthe benefits it guarantees, ask your planadministrator or contact the PBGC’sTechnical Assistance Division, 1200 K Street,N.W., Suite 930, Washington, D.C. 20005-4026 or call 202-326-4000 (not a toll-freenumber). TTY/TDD users may call the fed-eral relay service toll-free at 1-800-877-8339and ask to be connected to 202-326-4000.Additional information about the PBGC’spension insurance program is availablethrough the PBGC’s Web site on the Internetat http:// www.pbgc.gov.

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Your RightsUnder ERISAAs a Plan participant, you are entitled tocertain rights and protections under theEmployee Retirement Income Security Act of1974, as amended (ERISA), as outlined inthis section.

Receive Information AboutYour Plan and BenefitsERISA provides that all Plan participants areentitled to:

Examine Plan documents (including anyinsurance contracts where applicable)and copies of all documents filed by thePlan with the U.S. Department ofLabor, such as annual reports (includingForm 5500 series) and Plan descriptions.You may review these documents with-out charge at the Plan Administrator’soffice during normal business hours. Inaddition, documents filed with the U.S.Department of Labor are available at thePublic Disclosure Room of theEmployee Benefits SecurityAdministration.

Obtain copies of Plan documents andother Plan information (including insur-ance contracts, Form 5500 series, and anupdated Summary Plan Description)upon written request to the PlanAdministrator. The Plan Administratormay charge a reasonable fee for copyingthese documents.

Receive a summary of the Plan’s annualfinancial report. The Plan Administratoris required by law to furnish each partici-pant with a copy of this report.

Obtain a statement telling you whetheryou have a right to receive a pension atyour normal retirement age. This state-ment will tell you what your benefitswould be at your normal retirement ageif you were to stop working now. Ifyou’re not entitled to a benefit, the state-ment will tell you how many more yearsyou must work to earn one. You mayrequest this statement in writing, free ofcharge, once a year.

Prudent Actions byPlan FiduciariesIn addition to creating rights for Planparticipants, ERISA imposes duties uponpeople who are responsible for the operationof the Plan. The people who operate the Planare called “fiduciaries” of the Plan and havea duty to do so prudently and in the bestinterest of you and other Plan participantsand beneficiaries. No one, including youremployer or any other person, may fire youor otherwise discriminate against you inany way to prevent you from obtaining aretirement benefit or exercising your rightsunder ERISA.

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Enforce Your RightsIf your claim for a benefit is denied orignored, in whole or in part, you have a rightto know why this was done, to obtain copiesof documents relating to the decision with-out charge, and to appeal any denial, allwithin certain time schedules.

Under ERISA, there are steps you can taketo enforce the above rights. For instance, ifyou request a copy of Plan documents orthe latest annual report from the Plan anddo not receive them within 30 days, youmay file suit in a federal court. In such acase, the court may require the PlanAdministrator to provide the materials andpay you up to $110 a day until you receivethe materials, unless the materials were notsent because of reasons beyond the controlof the Plan Administrator.

If you have a claim for benefits which isdenied or ignored, in whole or in part, youmay file suit in a state or federal court. Inaddition, if you disagree with the Plan’s deci-sion, or lack thereof, concerning the qualifiedstatus of a domestic relations order, you mayfile suit in federal court. If it should happenthat Plan fiduciaries misuse a Plan’s money,or if you are discriminated against for assert-ing your rights, you may seek assistance fromthe U.S. Department of Labor, or you mayfile suit in a federal court.

The court will decide who should pay courtcosts and legal fees. If you are successful, thecourt may order the person you have sued topay these costs and fees. If you lose, the courtmay order you to pay the costs and fees, forexample, if it finds your claim is frivolous.

Allocation of FiduciaryResponsibilityThe Plan Administrator has full power anddiscretionary authority to administer thePlan. This includes, but is not limited to,discretionary authority to determine allquestions relating to eligibility to participatein, be covered by, and receive a benefit underthe Plan. The Trustees may rely on its admin-istrative guidelines and precedents and seekadvice from a third party consultant. TheTrustees may delegate authority, in whole orin part, in certain circumstances, subject toreview by the Trustees under applicable pro-cedures. Benefits will only be paid when theBoard of Trustees, or persons delegated bythem to make such decisions, decide, in theirsole discretion, that the participant or benefi-ciary is entitled to benefits under the termsof the Plan.

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Assistance WithYour QuestionsIf you have any questions about the Plan,you should contact the Plan Administrator.If you have any questions about this state-ment or about your rights under ERISA,you should contact the nearest office of theEmployee Benefits Security Administration(EBSA), U.S. Department of Labor, listedin your telephone directory, or the:

Division of Technical Assistance andInquiries, Employee Benefits SecurityAdministration (EBSA),U.S. Department of Labor200 Constitution Avenue N.W.Washington, D.C. 20210

EBSA’s regional office is located at200 West Adams, Suite 1600,Chicago, IL 60606, and its telephonenumber is (312) 353-0900.

You may also obtain certain publicationsabout your rights and responsibilities underERISA by contacting the Employee BenefitsSecurity Administration as follows:

By calling 866-444-3272;

Sending electronic inquires towww.askebsa.dol.gov; or

Visiting the web site of EBSA atwww.dol.gov/ebsa.

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