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Home  > Plan and Trust Documents  > Full Pension Plan Document  > Amendment No. 6

AMENDMENT NUMBER SIX TO THE AMERICAN FEDERATION OF MUSICIANS AND EMPLOYERS’ PENSION PLAN (As Amended and Restated Effective as of January 1, 2002)

WHEREAS, on February 20, 2002, the Board of Trustees (the "Board") of the American Federation of Musicians and Employers’ Pension Fund (the "Fund") adopted the American Federation of Musicians and Employers’ Pension Plan, as amended and restated effective as of January 1, 2002 (the "Plan"); and

WHEREAS, pursuant to Article 9, Section 9.01 of the Plan, the Board reserves the right to amend the Plan at any time; and

WHEREAS, the Board now desires to amend the Plan to (i) provide that covered earnings for additional covered employment performed by pensioners after normal retirement age will be credited as of the date of the Fund’s receipt of the corresponding contributions (or the date on which the Fund determines there is a contribution obligation, if earlier), (ii) modify the availability of the voluntary lump-sum payment option for beneficiaries of joint and survivor annuity benefits, and (iii) make certain minor technical corrections.

NOW, THEREFORE, the Plan is hereby amended, effective as of the dates set forth below, as follows:

1. Article 1 ("Definitions"), Section 1.24 ("Year Break In Service") is hereby amended, effective as of January 1, 2002, by changing the title of such section to read "One-Year Break In Service".

2. Article 5 ("Pension Eligibility and Amounts"), Section 5.07 ("Redetermination of Pension Benefits") is hereby amended, effective as of January 1, 2005, by adding the following new sentence at the end of the first paragraph of subsection (d) thereof:

Notwithstanding anything herein to the contrary, for purposes of this subsection (d) only, Covered Earnings with respect to Covered Employment performed on or after January 1, 2005 shall be deemed earned as of the date the Fund receives payment of the contributions attributable to such earnings (or, if earlier, the date on which the Fund determines that the Employer was obligated to pay contributions on such earnings).
3. Article 7 ("Payments On Death"), Section 7.05 ("Application And Eligibility For Death Benefits") is hereby amended, effective as of January 1, 2002, by deleting the words "lump sum" where they appear in the last sentence thereof.

4. Article 8 ("Method and Timing of Distribution of Benefits"), Section 8.02 ("Qualified Election; Optional Forms of Payment") is hereby amended, effective as of September 30, 2004, by deleting subsection (d) thereof in its entirety with respect to claims for survivor annuity benefits filed by joint annuitants with the Fund Office on or after October 1, 2004.

5. Article 8 ("Method and Timing of Distribution of Benefits"), Section 8.04 ("Adjustment of Joint and Survivor Annuity; Pop-Up and Guarantee") is hereby amended, effective as of September 30, 2004, by deleting the last sentence of subsection (c) thereof in its entirety with respect to claims for 60-month guarantee benefits filed by beneficiaries with the Fund Office on or after October 1, 2004.

Adopted: February 29, 2004

 
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