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SECTION I. DEFINITIONS

  1. Actuarial Equivalent means, unless explicitly stated elsewhere in this document, calculations made to produce equal present values based on the 1984 Unisex Pension Mortality Table, and an interest rate of 62%. Actuarial reductions for the 50%, 66b% and 100% Joint and Survivor Benefit Factors are contained in the Appendices to the Plan.
  2. Annuity Starting Date means:
    1. the first day of the first period for which an amount is payable as an annuity; or
    2. the first day on which all events have occurred which entitle the Participant to a benefit which is payable in a form other than an annuity.
  3. Collective Bargaining Agreement means the agreement between the Employers and the Union dated August 1, 1958, any extension or renewal thereof, or any subsequent agreement with any employer which provides for pension contributions to be made to the Plan.
  4. Corporate Co-Trustee means Union Bank of California or any successor Corporate Trustee named by the Pension Trustees.
  5. Contiguous Service means all non-covered hours of service for a Participating Employer which precedes or follows Covered Hours without a quit, retirement or discharge between the Covered Hours and non-covered hours.
  6. Covered Hours of Employment with respect to a Participant means each hour for which the Participant is paid or entitled to be compensated whether directly or indirectly under a Collective Bargaining Agreement by an Employer or during which he or she is compensated for paid vacation, holidays or leaves of absence or for which back pay is awarded. Covered Hours are to be credited based upon Department of Labor Regulations 2530.200b-2(a)(1), (2) and (3).
  7. Credited Service means all Credited Past Service as defined in Section XI and all Credited Future Service based upon Covered Hours of Employment. For the period from July 1, 1960 through June 30, 1970, a year of vesting credit has been granted for any Plan Year in which a Participant has any Covered Hours of Employment. From July 1, 1970 forward, a year of vesting credit has been granted only if the Participant has 160 Covered Hours of Employment, or Contiguous Service as defined herein. Solely for purposes of vesting and determining breaks in service, Credited Future Service shall also include Contiguous Service.
  8. Employer means any employer in California who is signatory to a Collective Bargaining Agreement with the Unions which provides for pension contributions to this Plan.
  9. Future Service Retirement Income shall be based upon a Participant's Covered Hours of Employment and calculated as provided for in Section XI.
  10. Lump Sum Present Value shall be the value determined using the mortality table prescribed by Secretary of the Treasury under Section 417(e)(3)(A)(ii)(I) of the Internal Revenue Code, and the applicable interest rate under Section 417(e)(3)(A)(ii)(II) of the Code.
  11. Member means an employee of an Employer, who is working in employment covered by the Collective Bargaining Agreement, and who has completed a probationary period and thereby qualified to have contributions made to this Plan on his or her behalf.
  12. Participant means any Member for whom contributions to the Trust Fund are made, and who has worked 160 or more Covered Hours of Employment in the current Plan Year or prior Plan Year.
  13. Pension Trust Fund Board of Trustees means the Board of Trustees established under the Trust Agreement.
  14. Plan means the Pension Plan for members as described in the following sections.
  15. Plan Year means one of the following:
    1. from the effective date of the Plan, through June 30, 1990, each period of 12 calendar months commencing July 1 and ending on June 30 of the following year; and
    2. the period from July 1, 1990, through December 31, 1990; and
    3. starting January 1, 1991, each calendar year commencing January 1 and ending on December 31.
  16. Trust Agreement means that agreement between the Winery Employers Association and the Unions establishing a trust for this Plan, entitled "California Winery Workers Pension Fund Third Amended Agreement and Declaration of Trust" or any successor agreement.
  17. Trust Fund means the fund created under the Trust Agreement in which all of the Employer contributions are deposited and accumulated for the purpose of providing the benefits outlined in this Plan.
  18. Union means the United Food and Commercial Workers Union, Distillery, Wine & Allied Workers Division, AFL-CIO, Locals 45D and 186D.
  19. Straight Time Hourly Rate of Pay for any Participant for a particular Covered Hour of Employment means the rate of pay specified in the applicable Collective Bargaining Agreement for a Participant's work, including premium pay based on shift.
    1. Straight Time Wages are the Straight Time Hourly Rate of Pay multiplied by a Participant's regular hours of work, paid vacation time and paid holidays.
    2. Only when contributions are specifically provided for this purpose in a contributing employer's collective bargaining agreement, Straight Time Wages includes the Straight Time Hourly Rate of Pay multiplied by the hours of contribution made because the Participant suffered an accident on the job, up to 40 hours per week.
  20. Industry Service means any of the following:
    1. Any employment in the wine-making industry, whether as a covered or non-covered employee, or in a managerial, supervisory, proprietary or any other capacity for a participating or non-participating employer or a self-employed person; or
    2. Any work in any capacity for a contributing Employer or for an employer who at any time was a contributing Employer, including successors, subsidiaries and parents of a contributing Employer.
 

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