Southern Nevada Culinary &
Bartenders Pension Plan

Definitions

(For a complete list of definitions please see Article II of the Plan Document)

Collective Bargaining Agreement

Collective Bargaining Agreement means:
(a) Any written agreement between (i) the Nevada Resort Association, on behalf of its member employers, and the Unions; and (ii) any other collective bargaining agreement between the Unions (or, subject to the approval of the Trustees, the Professional Office Personnel Alliance) and any Employer which requires the Employer covered thereby to make Contributions to this Fund

(b) Any extensions, amendments, modifications or renewals of any of the described agreements (whether by operation of law or otherwise), or any substitute or successor agreements to them which require the making of Employer Contributions to this Fund.

Contribution

Contribution means payments to the Fund by an Employer made pursuant to a Collective Bargaining Agreement or pursuant to any other written agreement consistent with regulations adopted by the Board of Trustees; provided such payments are not in violation of any existing law or regulation.

Covered Employment

Covered Employment means employment in a job classification covered by a Collective Bargaining Agreement. The term "Covered Employment" shall also mean work performed by an Employee regularly employed by the Union, the Training Fund, the Trust, ULAN, or other affiliated entity approved by the Board of Trustees, and participating in this Trust pursuant to regulations adopted by the Board of Trustees.

Employee

Employee means and includes: (a) All persons covered by a Collective Bargaining Agreement between an Employer and the Unions, or either of them;

(b) All persons employed within the State of Nevada by the Unions, the Training Fund, the Trust, or ULAN, including elected or appointed officers of the Unions; and

(c) other such persons employed by affiliated entities as are designated and approved by the Board of Trustees.

The term "Employee" shall not include any self-employed person, whether a sole proprietor or a partner.

Employer

Employer means any employer who is required by a Collective Bargaining Agreement to make Contributions to the Pension Fund. The term "Employer" shall also include the Unions, the Training Fund, the Trust, ULAN, and other affiliated entity approved by the Board of Trustees which make contributions to the Pension Fund on behalf of their Employees under such conditions and manner as are specified in this Plan and in regulations adopted by the Board of Trustees.

ERISA

ERISA means the Employee Retirement Income Security Act of 1974, as amended at the time of reference.

Past Service Credit

Past Service Credit means Pension Credit for periods of employment with an Employer prior to 1971, or prior to the date an Employer is required by a Collective Bargaining Agreement to make Contributions to the Pension Fund, to the extent (and only to the extent) credited in accordance with Article VI of this Plan.

Pension Benefit Starting Date

Pension Benefit Starting Date means, in the case of a benefit payable as an annuity (other than a disability pension), the first day of the first month following the later of:

(a) the Employee's eligibility to retire under Section 4.01 or 4.02;

(b) the submission of a completed application for benefits under Section 9.01; and

(c) thirty days after the Plan has provided the required explanation of the available payout options under Section 8.06, unless such thirty day period is waived by the Employee (and spouse).

For any benefit period not payable as an annuity, the Pension Benefit Starting Date is the first day on which all events have occurred which entitle the Employee to a benefit, including the filing of a completed application.

For a disability pension, the Pension Benefit Starting Date means the first day of the month following the Employee's eligibility to retire on a Regular Pension under Section 4.01.

The Pension Benefit Starting Date for a Participant who recommences benefit payments after a suspension under Article XIII shall be his original Pension Benefit Starting Date with respect to those benefits.

The Pension Benefit Starting Date for a Participant who elects to defer the commencement of benefits under Section 7.03 shall be the first day of the first period for which the Participant elects benefit payments to begin. In the case of a Pension Benefit Starting Date which occurs on or after the Participant's Regular Retirement Date, the Pension Benefit Starting Date shall also apply to additional accruals after such date.

In the case of a Pension Benefit Starting Date which occurs prior to the Participant's Regular Retirement Date, such date shall not apply to any additional accruals after such date.

(Section 2.18 was added by Plan Amendment Number Two effective January 1, 1989.)

Pension Credit

Pension Credit means the years of service which are accumulated and maintained for Employees in accordance with Article VI of this Plan.

Pension Plan or Plan

Pension Plan or Plan means this Pension Plan and any modification, amendment, extension or renewal thereof.

Permanent Break in Service

Permanent Break in Service means a period of years during which an Employee who is not Vested fails to work the required minimum number of hours in Covered Employment or contiguous non-covered employment (as defined in Section 6.05(c) of the Summary Plan Description), and which results in the forfeiture of all previously accumulated Pension Credit.

Plan Year

Plan Year means a period of twelve (12) consecutive months beginning January 1 each year and ending December 31.

Unions

Unions means the Culinary Workers Union, Local 226 and Bartenders Union, Local 165, or their successors.

Vesting or Vested

Vesting or Vested means the attainment by a Participant of a benefit right which is not subject to loss or forfeiture.