Carderock -Addendum B (002).pdf

NATIONAL SERVICE CONTRACT AGREEMENT

ADDENDUM B

PENSION, HEALTH AND WELFARE, AND TRAINING BENEFIT FUNDS

The Employer has agreed to make pension, health and welfare, and training fund contributions as set forth in the Agreement and in Addendum A. This Addendum sets forth more particularly the terms and conditions of the Employer's contribution obligations to these Funds, subject to any rights reserved by the Fund's Trustees to accept or not accept the unit of employees covered by the Agreement into participation.

Section 1

LIUNA National (Industrial) Pension Fund (If Applicable and Identified in Addendum A)

(a) The Employer shall contribute to the Laborers' International Union of North America National (Industrial) Pension Fund for each hour for which an employee covered by this Agreement is entitled to pay, including hours of paid vacation, paid holidays and other periods for which pay is paid or owed to an employee. The hourly contribution rate shall be the rate set forth in Addendum A to the Agreement. Contributions to the Fund for an employee shall commence with the employee's first (1st) day of employment in a classification covered by the Agreement.

(b) Contributions to the Fund shall be due on a monthly basis and specifically by the twentieth (20th) day of the first month following the month during which the contributions accrued, unless otherwise expressly required by the Fund's Board of Trustees. The Employer shall also submit to the Fund on a monthly basis such contribution reports, as the Board of Trustees may require to verify the amount of contributions owed (if any) for the preceding month. Such reports shall be submitted to the Fund on the same schedule as contributions and shall be submitted even if the employees performed no work and no contributions are owed to the Fund for the month covered by the report.

(c) The Fund shall have the right and authority to have a certified public accounting firm audit the payroll and other records of the Employer for purposes of verifying the accuracy of the contributions made to the Fund by the Employer, verifying employee eligibility and other purposes necessary for administration of the Fund. The Employer and the Union also agree to provide the Fund with any and all truthful information necessary for administration of the Fund.

(d) All contribution payments shall be made payable. to the "LIUNA National (Industrial) Pension Fund" and sent to the Fund at 905 16th Street N.W., Washington, DC 20006.

(e) If the Employer fails to submit contributions or contribution reports to the Fund when due, it shall be considered in default and shall be subject to charges for interest, liquidated damages, attorneys fees, costs, audit fees and other costs of collection in accordance with the Fund's Agreement and Declaration of Trust. The Fund shall have the right to take any and all lawful action to secure payment of contributions and submission of the commencement of legal proceedings against the Employer and others acting on its behalf. The Employer's obligations with respect to the Fund shall not be subject to any grievance or arbitration procedure provided under the Agreement. The Union shall have the right to take whatever steps it deems necessary to secure compliance by the Employer with its contribution obligations.

(f) The Employer and the Union agree to accept, be bound by and comply fully with a copy of the Fund's Agreement and Declaration of Trust, a copy of which has been provided to both.

Section 2

Laborers' National Health and Welfare Fund (If Applicable and Identified in Addendum A)

(a) Each employee covered by this Agreement shall be covered by the following benefit plan(s) offered by the Laborers' National Health and Welfare Fund, subject to the plan's eligibility rules and the Fund's right to withhold payment of benefits in the event that the Employer fails to make the contributions required hereunder or otherwise defaults on its obligations hereunder.

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PLAN I

PLAN II

(b) The Employer shall contribute to the Fund for each hour for which each employee covered by this Agreement is entitled to pay, including hours of paid vacation, paid holidays and other periods for which pay is paid or owed to an employee. The hourly contribution rate shall be the rate set forth in Addendum A to the Agreement. Contributions to the Fund for an employee shall commence with the employee's first (1st) day of employment in a classification covered by the Agreement.

(c) Contributions to the Fund shall be due on a monthly basis and specifically by the twentieth (20th) day of the first (1st) month following the month during which the contributions accrued, unless otherwise expressly required by the Fund's Board of Trustees. The Employer shall also submit to the Fund on a monthly basis such contribution reports, as the Board of Trustees may require to verify the amount of contributions owed (if any) for the preceding month. Such reports shall be submitted even if the employees performed no work and no contributions are owed to the Fund for the month covered by the report.

(d) The Fund shall have the right and authority to have a certified public accounting firm audit contributions made to the Fund by the Employer, verifying employee eligibility and other purposes

(e) All contribution payments shall be made payable to "Laborers' National Health and Welfare Fund" and sent to the Fund at P.O. Box 94402, Chicago, IL 60690-4402.

(f) If the Employer fails to submit contributions or contribution reports to the Fund when due, it shall be considered in default and shall be subject to charges for interest, liquidated damages, attorneys fees, costs, audit fees and other cqajs of collection in accordance with the Fund's

Agreement and Declaration of Trust. The Fund shall have the right to take any and all lawful action to secure payment of contributions and submission of the commencement of legal proceedings against the Employer and others acting on its behalf. The Employer's obligations with respect to the Fund shall not be subject to any grievance or arbitration procedure provided under the Agreement. The Union shall have the right to take whatever steps it deems necessary to secure compliance by the Employer with its contribution obligations.

(g) Notwithstanding the foregoing, it is understood that the Fund's Board of Trustees shall have the right to modify the contribution rates required to maintain a particular level of benefits during the term of the Agreement. If the Board of Trustees exercises that right, the Employer shall have the right to terminate participation in the Fund subject to any bargaining or other legal obligations it may owe to the Union. Participation shall not be deemed terminated under the terms of this paragraph until written notice thereof is received in the office of the Fund's Administrator.

(h) The Employer and the Union agree to accept, be bound by and comply fully with the terms of the Fund's Agreement and Declaration of Trust, a copy of which has been provided to both.

Section 3

Laborers-Employers Service Contract Education and Training Trust Fund (If Applicable and Identified in Addendum A)

(a) The Employer shall contribute to the Laborers-Employers Service Contract Education and Training Trust Fund for each hour for which an employee covered by this Agreement is entitled to pay, including hours of paid vacation, paid holidays and other periods for which pay is paid or owed to an employee. The hourly contribution rate shall be the rate set forth in Addendum A to the Agreement. Contributions to the Fund for an employee shall commence with the employee's first (1st) day of employment in a classification covered by the Agreement.

(b) The Employer shall submit contributions due for work performed during a month to the Fund by the twentieth (20th) day of the month immediately following and shall also submit to the Fund such reports as the Fund's Board of Trustees deems necessary to verify the Employer's contributions. Interest at the rate of one and one half percent (1.5%) per month compounded, shall be assessed against the Employer for all contributions past due for more than thirty (30) days unless expressly waived in whole or part by the Board of Trustees . If the Employer becomes delinquent in making required contributions or reports to the Fund, the Union and the Fund shall have the right to take whatever steps they deem appropriate to secure compliance by the Employer with its obligations, notwithstanding any provision of this Agreement to the contrary.

(c) The Fund shall have the right and authority to have a certified public accounting firm audit contributions made to the Fund by the Employer, verifying employee eligibility and other purposes

(d) All contribution payments shall be made payable to the "Laborers- Employers Service Contract Education and Training Trust Fund" and sent to the Fund at P.O. Box 94402, Chicago, IL 60690-4402.

(e) If the Employer fails to submit contributions or contribution reports to the Fund when due, it shall be considered in default and shall be subject to charges for interest, liquidated damages, attorneys fees, costs, audit fees and other costs of collection in accordance with the Fund's Agreement and Declaration of Trust. The Fund shall have the right to take any and all lawful action to secure payment of contributions and submission of the commencement of legal proceedings against the Employer and others acting on its behalf.

(f) The Employer and the Union agree to accept, be bound by and comply fully with a copy of the Fund's Agreement and Declaration of Trust, a copy of which has been provided to both.