FAQ & Glossary
FAQ
GENERAL
Current rule is 5 years of 1,000 or more per calendar year. Prior to 1998 it was 10 years of 1,000 or more.
Without the waiver program there are still several ways you may work and receive a pension.
- Call the Fund office and stop your pension while you work, restart it when you are ready to re-retire (and get additional accruals)
- Work outside of the painting and allied trades field
- If 65 or older you may work up to 40 hours per month in the union
- If 70.5 or older you may work as much as you like in the union with no effect to your pension
The Trustees will re-assess the need for a waiver program in 2019 and a revised program may be available after 2019 with the sole intent of manning jobs where there is not a strong enough union membership to successfully bid on jobs without pulling retirees.
You may be eligible for a disability benefit if you meet the following:
- Active Employee with a FIP Compliant Employer SSA has determined you are at total and permanent disability.
- Have at least 18,000 Benefit Hours.
- Have at least 1,800 Benefit Hours based on actual Employer Contributions.
- Have at least 1,000 hours in Covered Employment during the 2 calendar years prior to disability onset.
Disability benefit is 10% over your benefit amount, not to exceed your normal retirement benefit amount. If you are declared permanently and totally disabled prior to the age of 55, the pension benefit will be calculated as if you are age 55 at retirement.
Disability benefit is 10% over your benefit amount, not to exceed your normal retirement benefit amount. If you are declared permanently and totally disabled prior to the age of 55, the pension benefit will be calculated as if you are age 55 at retirement.
Example:
Benefit at age 65 = $2,000
Retired at age 55 with 22,000 hours = $2,000 x 30% = $600
Benefit at age 55 = $1,400
Disability benefit = $1,400 x 10% = $140 + $1,400 = $1,540
Pre-Retirement Death benefits:
- Married Vested Participants and over earliest retirement age: Spouse will receive 50% of J&S payment form based on participants accrued benefit.
- Married Vested Participants under earliest retirement age: Spouse will receive an option of a monthly payment (beginning at members earliest retirement age), a lump sum payment, or a combination of both.
- Single Vested Participant – beneficiary receives 50% of employer contributions.
If you divorce PRIOR to retirement, your ex-spouse will not have a right to a pension unless the Fund office receives a QDRO (Qualified Domestic Relations Order). Your spouse will automatically be removed as your beneficiary unless a QDRO directs otherwise. A court can preserve your ex-spouse’s right to a benefit through a QDRO. The QDRO must adhere to Plan rules and regulations and cannot assign a greater benefit to the ex-spouse than what the participant would receive If you divorce AFTER retirement, no effect on the payment of the survivor can be changed. A QDRO can require the Plan to make payments during your lifetime to your former spouse. Contact the Fund office to receive sample QDRO language and benefit information if you are going through a divorce.
Normal Retirement – Age 65, receive full amount of accrued benefit
Special Early Retirement (full amount of benefit) – As of Jan 1, 2018
- Active Employee at age 55 with 60,000 Benefit Hours
- Active Employee at age 60 with 54,000 Benefit Hours
- Active Employee at age 62 with 45,000 Benefit Hours
Early Retirement Benefit 3% Reduction – As of Jan 1, 2018
- Active Employee at age 55 with at least 45,000 Benefit Hours
- Active Employee at any age with 60,000 Benefit Hours
Early Retirement 6% Reduction – As of Jan 1, 2018
- Vested at age 55 with at least 18,000 Benefit Hours
- Five Year Guaranteed
- Single Participants
- Married Participants must get written consent from their spouse
- Your payment will be guaranteed for 5 years (60 months) and payable for your lifetime
- If you die before you receive 60 payments, your designated beneficiary will continue to receive the remaining payments at the same amount until a total of 60 payments have been made
- If you die after receiving 60 payments, no further benefits will be payable
- Ten Year Guaranteed
- Single Participants
- Married Participants must get written consent from their spouse
- Your payment will be guaranteed for 10 years (120 months) and payable for your lifetime
- If you die before you receive 120 payments, your designated beneficiary will continue to receive the remaining payments at the same amount until a total of 120 payments have been made
- If you die after receiving 120 payments, no further benefits will be payable
- Partial Lump Sum
- Joint and Survivor (50%, 75% or 100%)
- If you are married your pension will be payable in the form of a Joint and Survivor, unless you and your spouse reject this option in front of a Notary Public
- The benefit is actuarially adjusted for your lifetime
- Upon your death, your beneficiary will receive a lifetime benefit
- If your beneficiary dies before you, no other beneficiary can be named and your benefit will remain the same for your lifetime
- Joint and Survivor with Pop-Up
- If you are married your pension will be payable in the form of a Joint & Survivor, unless you and your spouse reject this option in front of a Notary Public
- The benefit is actuarially adjusted for your lifetime
- Upon your death, your beneficiary will receive a lifetime benefit
- If your beneficiary dies before you, no other beneficiary can be named however your benefit would be increased to the amount it would have been if you had not chosen the J and S Option
- Social Security Level Income
- If you retire before age 65, the Plan will take account the money you will expect to receive from Social Security
- The amount of your benefit will be actuarially determined based on your age at retirement, the year your benefits are to begin with Social Security along with federally mandated factors for that year
- You will receive a higher amount from the Plan from the date you retire until you are eligible for Social Security Payments
- Your payments from the Plan will then be reduced
- The amount you receive from Social Security plus the reduced payment from the Plan will be just about equal
- Social Security Level Income with Joint & Survivor
The Fund Office recommends that you begin the process at least 3 months prior but no more than 6 months of your planned retirement date (this is to avoid any delays of your monthly payment).
Example: your intended retirement date is set for Jan 1st, you can submit your application as early as August.
NOTICE OF SERIOUSLY ENDANGERED STATUS
The government requires an annual notice to all participants until the plan’s funding percentage goes back above 80%. The “Seriously Endangered” category means that the Plan is less than 80% funded and has an expected shortfall in the government’s annual funding guidelines in the next 5 years. The funding guidelines are long‐term (up to 30 years) but aim to keep reasonably level contributions over many years. If the Plan hits a bump in the road, the guidelines tell the plan to look at adjusting contributions or other factors in order to stay on course over the long‐term. These course corrections do not mean the plan has any current problem paying benefits or insolvable funding problems.
If the Plan goes into the “red” zone, a rehabilitation plan will be developed. The current expectation is that such a plan would have substantially the same contributions and benefits as the revised FIP.
ANNUAL FUNDING NOTICE
The Fund is required by law to send these notices to all Plan participants, beneficiaries and participating employers regardless of the Fund status. You will receive this notice every year with updated information regarding the funding status of the Plan.
This has no effect on your benefits. The Pension Plan is a defined benefit plan that pays benefits based on a benefit formula, rather than an individual account. Pension Plans are funded over periods up to 30 years on a rolling basis. The funding percentage looks at the expected benefit costs over decades into the future against current assets. It is a guidepost for the Trustees in setting contributions so that the plan will continue to have assets to pay benefits in the future.
The funded percentage reported on the notice is the ratio of the Plan’s actuarial value of assets to liabilities. It is decreasing, in large part, because the full impact of the 2008 investment loss will take 10 years to be reflected in the actuarial assets. We expect the funded percentage to start increasing after 2018, when all of the 2008 loss is reflected in the asset value. Our actuaries project that the Plan’s funded percentage will rise steadily after 2018 to 100% by 2033.
By law, pension plan assets must be held in a separate trust account. The majority of plan assets are held at Northern Trust Company. They are invested with the advice of a well‐known professional investment consultant, NEPC, LLC. All assets are managed by professional asset managers.
GLOSSARY
A Participant in the Plan who has not retired as of a particular relevant date and earned 450 Benefit Hours in the three-year period immediately preceding the relevant date or became a Participant in the three-year period and remains a Participant in the Plan on the relevant date.
A payment or series of payments of equal actuarial present value based on the actuarial factors and assumptions specified in the provision in which the phrase is used or, if not otherwise specified, based on the following assumptions.
(a) Except as otherwise required by applicable law, the assumptions of an insurer will be used in valuing any benefits provided by purchase of an annuity contract with such assumptions.
(b) for distributions with Annuity Starting Dates before January 1, 2003 and where required by applicable law with respect to lump sum payments, valuation will be based on assumptions under IRC 417(e) for the distribution date, which are incorporated by reference.
(1) The “applicable interest rate” or “required interest rate” with the Plan Year (calendar year) as the “stability period” and a three month look-back (to use October rates issued in November). Before January 1, 2000, IRC 417(e) and the Plan used the actuarial assumptions for a terminating single-employer plan that is trusteed by the Pension Benefit Guaranty Corporation in effect for a given date under 29 C.F.R. 4044.
(2) The “applicable mortality table” is the table set forth in Revenue Ruling 95-6 before 2003, to the mortality table prescribed in Rev. Rul. 2001-62 for 2003 to 2007 and, after 2007, any new mortality table under IRC Section 417(e)(3), subject to change annually in accordance with Rev. Rul. 2007-67 and is incorporated by reference.
(c) for distributions with Annuity Starting Dates on or after January 1, 2003, the applicable mortality table used for purposes of adjusting any benefit or limitation under IRC 415(b)(2)(B),(C) or (D) and the applicable mortality table used for purposes of satisfying the requirements of IRC 417(e) at the distribution date
(d) Where required by applicable law, valuation will be based on rules or assumptions under IRC 401(a)(9) to determine minimum distributions, with life expectancy as computed by use of the Single Life Table in Treasury regulation [26 C.F.R.] 1.401(a)(9)-9.
(e) The assumptions adopted under Plan 11.06(b) will be used for calculation of Withdrawal Liability.
(f) In other cases, interest of 7% per annum shall be assumed and the mortality assumption shall be based on the 1994 Group Annuity Mortality Male Table, unless, solely with respect to benefits accrued before June 1, 2006, the 1971 Group Annuity Mortality Table for Males is more favorable to the Participant.
(a) With respect to its paid officers and Employees, a Local Union or District Council that has a Collective Bargaining Agreement with a contributing Employer,
(b) A Union-Industry Related Organization in which at least one participating Local Union or District Council has a Collective Bargaining Agreement with at least one Contributing Employer; and
(c) Other Contributing Employers, who employ classes of Participants who may not be represented for the purpose of collective bargaining by the Union, but who are permitted to participate in the Plan on such terms and conditions determined by the Trustees, provided that such discretion shall be exercised in a nondiscriminatory manner and the acceptance of the group will not impair the actuarial soundness of the Plan.
The Painters and Allied Trades International Union and Industry Annuity Plan, also known after January 1, 2002, as the International Painters and Allied Trades Industry Annuity Plan.
(a) Except as otherwise provided below, a Participant’s annuity starting date is the first day of the first calendar month starting after the Participant has fulfilled all of the conditions for entitlement to benefits and after the later of:
(1) Submission of by the Participant of a completed application for benefits, or
(2) 30 days after the Plan advises the Participant of the available benefit payment options, unless the benefit is being paid as a Husband and Wife Pension at or after the Participant’s Normal Retirement Age or the benefit is being paid out automatically as a lump sum. For distributions after December 31, 1996, the annuity starting date cannot be earlier than a day after the date that the written explanation of the Husband and Wife Pension is provided to the Participant.
(b) If the benefit is being paid out automatically as a lump sum, the annuity starting date is date of payment.
(c) The annuity starting date will not be later than the Participant’s Required Beginning Date.
(d) The annuity starting date for a Beneficiary or Alternate Payee will be determined under the foregoing rules.
(e) For purposes of surviving spouse benefits to a Qualified Spouse, the annuity starting date for a Disability Pension is the date that the conditions for payment under Plan 6.12 are satisfied even if payment is deferred or delayed under Plan 6.13.
Enforceable law and regulations governing multiemployer defined benefit pension plans, including ERISA and the IRC as it relates to qualified pension plans.
Title 9 of the United States Code.
The rate of Employer contributions for Hours of Service in Covered Employment under a Collective Bargaining Agreement or Participation Agreement in effect at December 31, 2005, with respect to all Employers party to the Collective Bargaining Agreement or Participation Agreement, as determined by the Plan or Trustees based on the nominal dollar rate (expressed on an hourly basis), covered employees, covered work, minimum hours, hours limits and other relevant factors.
The sum, at any date, of Pension Credits for work before January 1, 2003 multiplied by 150, Hours of Service in Covered Employment after December 31, 2002 and before January 1, 2012 and Hours of Service in Covered Employment with a FIP Compliant Employer after 2011.
The period from January 1 to the next December 31. For purposes of ERISA regulations, the Calendar Year shall serve as the vesting computation period, the benefit accrual computation period, and, after the initial period of employment, the computation period for eligibility to participate in the Plan.
Any written labor contract or other document by and between a Contributing Employer and the Union which provides for contributions to this Plan with any and all extensions or renewals thereof and successor agreements thereto or applicable labor-management relations law which obligates an organization to make contributions to the Plan.
Taxable gross income reflected on IRS Form W-2 for a calendar year and, but not in excess of the limit under IRC 401(a)(17), adjusted for cost-of-living increases. The compensation paid or made available during such Limitation Year shall include any elective deferral (as defined in IRC 402(g)(3)), and any amount which is contributed or deferred by the employer at the election of the employee and which is not includible in the gross income of the employee by reason of IRC 125 or 457. Compensation paid or made available during a Limitation Year shall also include elective amounts that are not includible in the gross income of a Participant by reason of Code Section 132(f)(4).
A period of employment with an Employer which precedes or follows Covered Employment with no intervening quit, discharge or retirement.
In person or organization which has agreed or shall agree to make contributions to the Plan in a Collective Bargaining Agreement.
Means with respect to a category of employment, the period during which a person or organization is an Employer with an obligation to pay contributions for work in the category of employment.
Work or leave time that is:
(a) Hours of Service for which an Employer is obligated to make contributions to the Plan or the Trust for credit to the Plan,
(b) Paid Hours of Service under a reciprocal agreement,
(c) Qualified Military Service, or
(d) Employment with an Employer prior to the Contribution Period that is credited in determining Pension Credits or Benefit Hours.
(e) Covered employment shall not include employment after termination of an Employer’s status as a Contributing Employer.
An individual who is designated as the Beneficiary of a Participant under the Plan and is a designated beneficiary under IRC 401(a)(9) and Treasury regulation [26 C.F.R.] 1.401(a)(9)-1, Q&A-4 with respect to the minimum required distribution rules in the IRC.
A calendar year for which a minimum distribution under IRC 401(a)(9) is required.
(a) For distributions beginning before a Participant’s death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant’s Required Beginning Date.
(b) For distributions beginning after the Participant’s death, the first distribution calendar year is the calendar year in which distributions are required to begin under Plan 8.07.
A district council affiliated with the International Union of Painters and Allied Trades, formerly known as the International Brotherhood of Painters and Allied Trades.
The first day of the month after a Participant is eligible for payment of a Special Early Retirement Pension, Early Retirement Pension or Vested Early Pension and submits a completed application for payment to the Plan.
(a) A person employed by an Employer for purposes of IRC 414 and 29
(b) The term “Employee” shall include a leased employee, subject to 29 U.S.C. §186(c)(5). The term “leased employee” means any person (other than an employee of the recipient) who pursuant to an agreement between the recipient and any other person (“leasing organization”) has performed services for the recipient (or for the recipient and related persons determined in accordance with IRC 414(n)(6)) on a substantially full-time basis for a period of at least one year, and such services are performed under primary direction or control by the recipient. Contributions or benefits provided a leased employee by the leasing organization which are attributable to services performed by the recipient Employer shall be treated as provided by the recipient Employer. The inclusion of a “leased employee” as an employee shall not require the accrual of benefits for the person without payment of contributions.
(a) A Contributing Employer or Affiliated Employer with a current Collective Bargaining Agreement or Participation Agreement that has not, by resolution of the Trustees, been terminated from the Plan.
(b) An organization shall not be deemed an Employer simply because it is part of a controlled group of corporations or of a trade or business under common control with a Contributing Employer or Affiliated Employer.
Entry Date … Plan 3.02.
The Employee Retirement Income Security Act, as amended.
Family and Medical Leave … Plan 4.10.
The funding improvement plan adopted by the Trustees in accordance with ERISA 305 and IRC 432 and any update or amendment to that funding improvement plan.
An Employer who is obligated to contribute to the Plan for Hours of Service in Covered Employment after 2011 at a rate equal to or above 135% of its March 2009 Contribution Rate, or a different amount required by an update to the FIP. Compliance may, consistent with minimum funding obligations, be evaluated on a combined basis for a Control Group Employer.
An Employer who is obligated to contribute to the Plan for Hours of Service in Covered Employment after 2011 at a rate equal to or above 115% of its March 2009 Contribution Rate but less than 135% of its March 2009 Contribution Rate, or a different amount required by an update to the FIP to be a FIP Compliant Employer.
The later of January 1, 2012 or 180 days after expiration (for purposes of ERISA 305 and IRC 432) of a Collective Bargaining Agreement or Participation Agreement in effect on January 1, 2009.
(a) Each hour for which an Employee is paid or entitled to payment for the performance or nonperformance of duties with an employer.
(b) Each hour for which back pay, regardless of mitigation of damages, is either awarded or agreed to by an employer.
(c) Each hour for which an Employee is paid, or entitled to payment, by an employer, its agent or a plan maintained by the employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence other than payments made solely for the purpose of complying with applicable worker compensation, unemployment compensation or disability insurance laws or to provide reimbursement of medical expenses.
(d) Hours of service shall be computed and credited in accordance with DOL Regulation 2530.200-b(2).
(e) Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with IRC 414(u) and prior law, including the Military Selective Service Act.
(f) No credit is given for work before the Contribution Period, except as expressly provided in the Plan.
(g) No credit is given after an Employer has a Complete Withdrawal from the Plan, including termination, for failure to pay contributions due, of status as an Employer by the Trustees.
(h) No credit is given for work or leave lost by reason of a One-Year Break (unless and until repaired) or a Permanent Break.
(i) Except as specifically provided for Non-Bargained Employees, the Plan does not credit nor consider work with an organization simply because it is part of a controlled group of corporations or a trade or business under common control, under IRC 414, with a Contributing Employer or Affiliated Employer.
(j) Hours are credited to the Employee for the computation period in which service is performed, for which payment is made or to which the award or agreement pertains and will not be duplicated under different subsections. Payments made on a basis other than hours are converted to hours using 10 hours for each day, 45 hours for each week, 95 hours for a semi-monthly period and 190 hours for each month in which an hour of service would be required to be credited under 29 C.F.R. §2530.200b-2.
A registered investment adviser under the Investment Advisers Act of l940, a bank (as defined in the Investment Advisers Act of l940) or insurance company (qualified to manage, acquire or dispose of Plan assets under the laws of more than one state) which has agreed to perform investment services with respect to Plan assets and acknowledged its status as a fiduciary in writing.
The Internal Revenue Code of 1986, as amended.
The Reciprocal Agreement for Joint Industry Pension Funds for All District Councils and Local Unions Affiliated with the International Brotherhood of Painters and Allied Trades.
A Non-Bargained Employee of an Employer described in IRC 416(i)(1).
A local union affiliated with the International Union of Painters and Allied Trades, formerly known as the International Brotherhood of Painters and Allied Trades.
The rate of Employer contributions for Hours of Service in Covered Employment under a Collective Bargaining Agreement or Participation Agreement in effect at March 1, 2009, with respect to all Employers party to the Collective Bargaining Agreement or Participation Agreement, as determined by the Plan or Trustees based on the nominal dollar rate (expressed on an hourly basis), covered employees, covered work, minimum hours, hours limits and other relevant factors. For a new Employer (which, consistent with minimum funding obligations, may be determined on a combined basis for a Control Group Employer) after March 2009, the March 2009 Contribution Rate is 74% of its initial contribution rate.
An Employee who is not a Union Employee.
(a) Employment in the Painters and Allied Trades Industry,
(b) On or after January 1, 1990,
(c) For a person or organization which does not have, or self-employment which is not covered by, a Collective Bargaining Agreement with the Union.
Any Non-Bargained Employee of an Employer other than a Key Employee.
The first day of the month after a Participant reaches Normal Retirement Age.
Plan 8.02, 8.03, 8.04, 8.05, 8.06 or, with respect to a Participant with a Spouse, the Guaranteed Five-Year Pension.
Painters and Allied Trades Industry … any and all types of work:
(a) Covered by Collective Bargaining Agreements to which the Union and/or any Local or District Council are a party;
(b) Under the trade jurisdiction of the Union, as that trade jurisdiction is described in the Union’s Constitution; or,
(c) To which an Employee has been assigned or referred, or can perform because of his skill and training as an Employee covered by a Collective Bargaining Agreement between the Union and an Employer.
(a) An Employee who meets the requirements for participation in the Plan and has not terminated participation, or
(b) A former Employee who is a Vested Participant.
An agreement between a person or organization and the Trustees for contributions to the Plan consistent with Plan 12.02, 12.04.
The Pension Benefit Guaranty Corporation, a federal agency and corporation.
The units of credit based on periods of employment before the Contribution Period, Hours of Service in Covered Employment and/or contributions which are accumulated and maintained for Employees in accordance with Plan 5.02, 5.03, 5.04, 5.05 and the break-in-service rules of the Plan for work before January 1, 2003.
A former Employee to whom this Plan pays a pension, or to whom a pension would be paid but for delay due to administrative processing of a claim for benefits under the Plan.
This document and any modification, amendment, extension or renewal thereof or, if required by context, the International Painters and Allied Trades Industry Pension Plan as an entity sponsored by the Trustees under ERISA.
A fiscal year of the Plan, currently the Calendar Year.
The Plan Year beginning after a merger of the Plan and another multiemployer defined benefit plan.
A Spouse to whom a Participant was married:
(a) On the Participant’s Annuity Starting Date and for at least one year before the Annuity Starting Date;
(b) For at least one year before his or her death, or
(c) On his or her Annuity Starting Date and for at least a year before the Participant’s death.
(d) If the couple were divorced after being married for at least one year, a former Spouse is required to be treated as a Spouse under a Qualified Domestic Relations Order.
The benefit accrual credit under a Signatory Plan that is required to be recognized by the Plan for eligibility or benefit amount purposes pursuant to the IUPAT Pension Reciprocal Agreement and applicable law.
A Highly Compensated Employee who is not excluded from discrimination rules under the IRC and regulations and is described in 26 C.F.R. §1.401(a)(4)-5(b)(3)(ii).
A separation from Industry Service that is expected to be permanent and, except as excused by the Plan or applicable law, the filing of an application for benefits with the Plan.
A multiemployer defined benefit plan that is party to the IUPAT Pension Reciprocal Agreement and is a qualified plan under IRC 401.
A person to whom a Participant is considered married under applicable law, and, if and to the extent provided in a Qualified Domestic Relations Order, a Participant’s former spouse.
The International Brotherhood of Painters and Allied Trades Union and Industry Pension Fund, established by the Trust Agreement and shall mean generally the monies and other items of value which comprise the corpus and additions thereto, received or held for or on behalf of the Trustees.
An illness or injury that has resulted in a determination by the Social Security Administration that the Participant is entitled to Social Security disability benefits.
Trust Agreement establishing the International Brotherhood of Painters and Allied Trades Union and Industry Pension Fund, originally dated April 1, 1967, any modification, amendment, extension or renewal thereof, a restated Trust Agreement establishing the International Painters and Allied Trades Industry Pension Fund, dated 1999 and any modification, amendment, extension or renewal thereof.
The persons appointed as trustees pursuant to the Trust Agreement, and the successors of such person from time to time in office, in their collective capacity as the plan administrator and plan sponsor of the Plan under ERISA and their designated agents.
The International Union of Painters and Allied Trades, formerly known as the International Brotherhood of Painters and Allied Trades, and its affiliated Local Unions and District Councils, jointly or severally.
An Eligible Employee who is not currently working under a Collective Bargaining Agreement but who may be treated as a “collectively-bargained” employee under Treasury regulation [26 C.F.R.] 1.410(b) – 6(d)(2)(ii).
An Employee represented by Union or another labor organization who is included in a unit which automatically satisfies the requirements of IRC 410(b), other than Union Alumni.
A health and welfare fund, joint apprenticeship committee, joint trade board, State AFL-CIO, building trades council, or other organization, in which a Local Union or District Council participates and which furthers the purpose of or benefits the Employees represented by such Local Union or District Council for purposes of collective bargaining.