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SECTION XIV. SUSPENSION OF BENEFITS

  1. The benefits of any Participant on retirement shall be suspended during any month in which he or she was employed for forty hours or more in Industry Service anywhere in the State of California, except that benefits shall not be suspended on or after April 1 of the year following the close of the calendar year in which the Participant attains age 70 1/2.
  2. The Participant shall give notice in writing to the Administration Office prior to acceptance of such employment, of his or her intent to be so employed, giving the name of the employer, the address of the job site and the probable length of employment. In the event of his or her failure to do so, it shall be presumed that, in any month in which it is found that he or she accepted such employment, he or she worked forty or more hours.
  3. The Participant shall give notice to the Administration Office when he or she ceases such employment at which time the benefit payments shall be resumed effective the first day of the calendar month following the month in which he or she was last so employed or following the month in which he or she gives the required notice, whichever is later.
  4. A Participant may, prior to acceptance of any employment, request a determination by the Administration Office as to whether any intended employment will result in suspension of his or her benefits as herein provided.
  5. The Plan may at reasonable intervals request from any retired Participant reasonable information to verify that he or she is not employed, or if employed, not on work of the sort described in Subsection 1 hereof and in Section 1, Subsection 21 of the Plan, and may withhold benefit payments until he or she has complied. Such information may include W-2 forms and any other reasonably pertinent information.
  6. Any payments made by the Plan during such periods in which a Participant's benefits should have been suspended shall be deducted from further benefit payments, but not in excess of twenty-five percent (25%) of any one monthly payment (except that the 25% limitation on offsets shall not apply to the initial payment).
  7. In the event of a dispute as to the application of any of the provisions of this section, a Participant may, within thirty (30) days of notification of any ruling by the Administration Office or the Board of Trustees, appeal from the same in accordance with the provisions of Section XX hereof, including without limitation the right to rebut any presumptions arising under this Section.
 

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