Ironworkers Local 55 -- 100 Years in Toledo, 1903-2003

1080 Atlantic Avenue • Toledo, OH • 43609 • ph (419) 385-6613 • fx (419) 385-6041

SECOND AMENDMENT TO
AMENDMENT, RESTATEMENT AND CONTINUATION
OF IRON WORKERS’ LOCAL NO. 55 PENSION PLAN


WHEREAS, the Trustees of the Iron Workers’ Local No. 55 Pension Plan desire to amend the Plan for purposes of complying with the Employee Retirement Income Security Act of 1974 as amended; and

WHEREAS, the Plan and Trust authorize the Trustees to amend the Plan from time to time.

NOW THEREFORE, the Amendment, Restatement and Continuation is hereby amended as follows:

Article XV, Section 15.3 is hereby amended as follows:

SECTION 15.3 -- RESTRICTION ON MAXIMUM AMOUNT OF BENEFIT

A Participant’s Annual Benefit shall not exceed the lesser of:

a) $90,000, as adjusted pursuant to Section 15.6 of this Article (“Dollar Limitation”), or

b) The average annual compensation paid to the Participant by an Employer during the three (3) consecutive Limitation Years in which the Participant received the highest compensation (“Average Compensation Limitation”).

Effective May 1, 2002, a Participant’s Annual Benefit shall not exceed $160,000.00, as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies.

Benefit increases resulting from the increase in the limitations of Section 415(b) of the Code will be provided to all current and former participants (with benefits limited by Section 415(b)) who have an accrued benefit under the plan immediately prior to the effective date (other than an accrued benefit resulting from a benefit increase solely as a result of the increases in limitations under Section 415(b)).

Article XI, Section 11.2(b) is hereby amended as follows:

b) Eligible retirement plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee’s eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity.

For distributions made after December 31, 2001, an eligible retirement plan shall also mean an annuity contract described in Section 403(b) of the Code and an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this plan. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code.

IN WITNESS WHEREOF, the Board of Trustees has approved and adopted this Second Amendment to the Amendment, Restatement and Continuation of the Iron Workers’ Local No. 55 Pension Plan on this 27th day of November, 2001.

UNION TRUSTEES

___________________________
Joseph Blaze, II

___________________________
Joseph Blaze, III

___________________________
Joseph Szenderski

___________________________
Jeffrey Blaze

EMPLOYER TRUSTEES

___________________________
Greg Myers

___________________________
William J. Brennan

___________________________
Kevin X. Smith

___________________________
John Gurtzweiler


W0192284/cjb/s22/113000/pd