Common use of Amount of Contributions Clause in Contracts

Amount of Contributions. Each Employer shall remit continuing and prompt Employer Contributions to the Trust Fund as required by the applicable collective bargaining agreement, participation agreement, this Agreement and/or other written agreement to which the Employer is a party, applicable law and all rules and requirements for participation by Employers in the Fund as established and interpreted by the Trustees in accordance with their authority. The Employer shall be liable for the entire contribution amount even if the collective bargaining agreement requires the Employees to pay a portion of the contribution amount. The Trustees are authorized to reject any collective bargaining agreement, participation agreement or other agreement and/or terminate the participation of an Employer (and all health and welfare contributions from the Employer) whenever they determine that the agreement is unlawful and/or inconsistent with any rule or requirement for participation by Employers in the Fund and/or that the Employer is engaged in one or more practices or arrangements that threaten to cause economic harm to, and/or impairment of the actuarial soundness of, the Fund (including but not limited to any arrangement in which the Employer is obligated to make health and welfare contributions to the Trust Fund on behalf of some but not all of the Employer's bargaining unit employees, and any arrangement in which the Employer is obligated to make health and welfare contributions to the Trust Fund at different contribution rates for different groups of the Employer's Employees)and/or that continued participation by the Employer is not in the best interest of the Fund. Any such rejection and/or termination by the Trustees of a collective bargaining agreement, participation agreement or other agreement shall be effective as of the date determined by the Trustees (which effective date may be retroactive to the initial date of the term of the rejected agreement) and shall result in the termination of the affected group and all Employees of the Employer in the affected group from further participation in the Fund on and after such effective date. The rejection/termination of one or more of an Employer’s groups that participate in the Fund under this provision shall not affect the continued participation of any other group of the Employer that participates in the Fund. Upon execution of each new or successive collective bargaining agreement, participation agreement and/or other written agreement, including but not limited to interim agreements and memoranda of understanding between the parties, each Employer shall promptly submit such contract by certified mail to the: Contracts Department Central States, Southeast and Southwest Areas Health and Welfare Fund 0000 Xxxx Xxxxxxx Xxxx Chicago, IL 60631 Any agreement or understanding between the parties that in any way alters or affects the Employer's contribution obligation as set forth in the disclosed collective bargaining agreement, disclosed participation agreement, this Agreement or other disclosed agreement shall be submitted promptly to the Fund in the same manner as the collective bargaining agreement; any such agreement or understanding between the parties that has not been disclosed to the Fund as required by this paragraph shall not be binding on the Fund and shall not affect the terms of the disclosed agreements which alone shall be enforceable. Except as provided in this Section, Section 7 of Article III and Section 20 of Article IV, the obligation to make such contributions shall continue (and cannot be retroactively reduced or eliminated) after termination of the collective bargaining agreement until the date the Fund receives from the Employer (sent to the above address by certified mail with return receipt requested): a) a collective bargaining agreement signed by the Union and the Employer that eliminates or reduces the duty to contribute to the Fund or b) written notification that accurately indicates that negotiations with the Union have reached impasse after collective bargaining agreement termination and the Employer has lawfully implemented a proposal to withdraw from the Fund or reduce its contributions. Health and Welfare contributions shall not be required in case of strike after collective bargaining agreement termination, unless the Union and Employer mutually agree otherwise in writing. In addition to any Employer Contributions otherwise owed to the Fund under the terms of any agreement (including, without limitation, contributions owed under the terms of a collective bargaining agreement, participation agreement, or this agreement), contributions shall also be owed by an Employer to the Fund for any period for which the Fund must provide coverage to an individual (including, without limitation, a participant or beneficiary) under any provision of law (including, without limitation, the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Affordability Reconciliation Act of 2010, Public Law 111-152) notwithstanding the fact that such contributions would not otherwise be due under the terms of any agreement or would be contrary to the terms of such agreement(s). Such contributions shall be due and owing to the Fund at the same time and at the same rate as such contributions would be due under the applicable agreement as though the contributions were required under the terms of that agreement.

Amount of Contributions. Each Employer shall remit continuing and prompt Employer Contributions to the Trust Fund as required by the applicable collective bargaining agreementFor each Plan Year, participation agreement, this Agreement and/or other written agreement to which the Employer is Companies may make a party, applicable law and all rules and requirements for participation by Employers in the Fund as established and interpreted by the Trustees in accordance with their authority. The Employer shall be liable for the entire qualified nonelective contribution amount even if the collective bargaining agreement requires the Employees to pay a portion of the contribution amount. The Trustees are authorized to reject any collective bargaining agreement, participation agreement or other agreement and/or terminate the participation of an Employer (and all health and welfare contributions from the Employer) whenever they determine that the agreement is unlawful and/or inconsistent with any rule or requirement for participation by Employers in the Fund and/or that the Employer is engaged in one or more practices or arrangements that threaten to cause economic harm to, and/or impairment of the actuarial soundness of, the Fund (including but not limited to any arrangement in which the Employer is obligated to make health and welfare contributions to the Trust Fund on behalf of some but not all of the Employer's bargaining unit employees, and any arrangement in which the Employer is obligated to make health and welfare contributions to the Trust Fund at different contribution rates for different groups of the Employer's Employees)and/or that continued participation by the Employer is not in the best interest of the Fund. Any such rejection and/or termination by the Trustees of a collective bargaining agreement, participation agreement or other agreement shall be effective as of the date amount determined by the Trustees (which effective date may Board of Directors of Company. It is intended that such a contribution will be retroactive made for a Plan Year only if the actual deferral percentage test or actual contribution percentage test would not be met for the Plan Year without the contribution and Company determines that such a contribution is preferable to the initial date distribution of excess contributions or excess aggregate contributions. Deductibility. Contributions are conditioned upon deductibility under Section 404 of the term Internal Revenue Code. Allocation. Qualified nonelective contributions for a Plan Year shall be allocated only to the accounts of Participants who are not Highly Compensated Employees for the rejected agreement) and Plan Year. An allocation shall result be made to the account of each such Participant regardless whether the Participant has had any elective contributions made for him for the Plan Year. The allocation shall be made in the termination ratio which each such Participant's Compensation for the Plan Year bears to the total Compensation of all such Participants for the affected group and all Employees of the Employer in the affected group from further participation in the Fund on and after such effective datePlan Year. Administration. Qualified nonelective contributions shall be accounted for separately. The rejection/termination investment of one or more of an Employer’s groups that participate in the Fund under this provision shall not affect the continued participation of any other group of the Employer that participates in the Fund. Upon execution of each new or successive collective bargaining agreement, participation agreement and/or other written agreement, including but not limited to interim agreements and memoranda of understanding between the parties, each Employer shall promptly submit such contract by certified mail to the: Contracts Department Central States, Southeast and Southwest Areas Health and Welfare Fund 0000 Xxxx Xxxxxxx Xxxx Chicago, IL 60631 Any agreement or understanding between the parties that in any way alters or affects the Employer's contribution obligation as set forth in the disclosed collective bargaining agreement, disclosed participation agreement, this Agreement or other disclosed agreement shall these contributions will be submitted promptly to the Fund made in the same manner as matching contributions. These contributions are always fully vested and are not subject to forfeiture. These contributions may be distributed only under the collective bargaining agreementfollowing circumstances: The Participant's retirement, death, disability, or separation from service; any such agreement or understanding between the parties that has not been disclosed to the Fund as required by this paragraph shall not be binding on the Fund and shall not affect the terms of the disclosed agreements which alone shall be enforceable. Except as provided in this Section, Section 7 of Article III and Section 20 of Article IV, the obligation to make such contributions shall continue (and cannot be retroactively reduced or eliminated) after The termination of the collective bargaining agreement until Plan without establishment or maintenance of another defined contribution plan (other than an ESOP or SEP); In the date case of a profit-sharing or stock bonus plan, the Fund receives from Participant's attainment of age 59.5 or the Employer (sent Participant's hardship; The sale or other disposition by a corporation to an unrelated corporation of substantially all of the above address by certified mail assets used in a trade or business, but only with return receipt requested): a) a collective bargaining agreement signed by respect to employees who continue employment with the Union acquiring corporation and the Employer that eliminates acquiring corporation does not maintain the Plan after the disposition; and The sale or reduces the duty other disposition by a corporation of its interest in a subsidiary to contribute an unrelated entity, but only with respect to the Fund or b) written notification that accurately indicates that negotiations employees who continue employment with the Union have reached impasse after collective bargaining agreement termination subsidiary and the Employer has lawfully implemented acquiring entity does not maintain the Plan after the disposition. Subsections (b), (d), and (e) above apply only if the distribution is in the form of a proposal lump sum. Subsections (d) and (e) above apply only if the transferor corporation continues to withdraw from maintain the Fund Plan. Nonelective contributions or reduce its elective contributions which may be treated as matching contributions or elective contributions must satisfy these requirements without regard to whether they are actually taken into account as matching contributions or elective contributions. Health and Welfare Qualified nonelective contributions shall not may be required treated as elective contributions only if the conditions described in case of strike after collective bargaining agreement terminationRegulation, unless the Union and Employer mutually agree otherwise in writing. In addition to any Employer Contributions otherwise owed to the Fund under the terms of any agreement (including, without limitation, contributions owed under the terms of a collective bargaining agreement, participation agreement, or this agreementSection 1.401(k)-1(b)(5), contributions shall also be owed by an Employer to the Fund for any period for which the Fund must provide coverage to an individual (includingInternal Revenue Code, without limitation, a participant or beneficiary) under any provision of law (including, without limitation, the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Affordability Reconciliation Act of 2010, Public Law 111-152) notwithstanding the fact that such contributions would not otherwise be due under the terms of any agreement or would be contrary to the terms of such agreement(s). Such contributions shall be due and owing to the Fund at the same time and at the same rate as such contributions would be due under the applicable agreement as though the contributions were required under the terms of that agreementare satisfied.

Amount of Contributions. Each Employer shall remit continuing and prompt Employer Contributions to the Trust Fund as required by the applicable collective bargaining agreement, participation agreement, this Agreement and/or other written agreement to which the Employer is a party, applicable law and all rules and requirements for participation by Employers in the Fund as established and interpreted by the Trustees in accordance with their authority. The Employer shall be liable for the entire contribution amount even if the collective bargaining agreement requires the Employees to pay a portion of the contribution amount. The Trustees are authorized to reject any collective bargaining agreement, participation agreement or other agreement and/or terminate the participation of an Employer (and all health and welfare contributions from the Employer) whenever they determine that the agreement is unlawful and/or inconsistent with any rule or requirement for participation by Employers in the Fund and/or that the Employer is engaged in one or more practices or arrangements that threaten to cause economic harm to, and/or impairment of the actuarial soundness of, the Fund (including but not limited to any arrangement in which the Employer is obligated to make health and welfare contributions to the Trust Fund on behalf of some but not all of the Employer's bargaining unit employees, and any arrangement in which the Employer is obligated to make health and welfare contributions to the Trust Fund at different contribution rates for different groups of the Employer's Employees)and/or that continued participation by the Employer is not in the best interest of the Fund. Any such rejection and/or termination by the Trustees of a collective bargaining agreement, participation agreement or other agreement shall be effective as of the date determined by the Trustees (which effective date may be retroactive to the initial date of the term of the rejected agreement) and shall result in the termination of the affected group Employer and all Employees of the Employer in the affected group from further participation in the Fund on and after such effective date. The rejection/termination of one or more of an Employer’s groups that participate in the Fund under this provision shall not affect the continued participation of any other group of the Employer that participates in the Fund. Upon execution of each new or successive collective bargaining agreement, participation agreement and/or other written agreement, including but not limited to interim agreements and memoranda of understanding between the parties, each Employer shall promptly submit such contract by certified mail to the: Contracts Department Central States, Southeast and Southwest Areas Health and Welfare Fund 0000 Xxxx Xxxxxxx Xxxx Chicago, IL 60631 Any agreement or understanding between the parties that in any way alters or affects the Employer's contribution obligation as set forth in the disclosed collective bargaining agreement, disclosed participation agreement, this Agreement or other disclosed agreement shall be submitted promptly to the Fund in the same manner as the collective bargaining agreement; any such agreement or understanding between the parties that has not been disclosed to the Fund as required by this paragraph shall not be binding on the Fund and shall not affect the terms of the disclosed agreements which alone shall be enforceable. Except as provided in this Section, Section 7 of Article III and Section 20 of Article IV, the obligation to make such contributions shall continue (and cannot be retroactively reduced or eliminated) after termination of the collective bargaining agreement until the date the Fund receives from the Employer (sent to the above address by certified mail with return receipt requested): a) a collective bargaining agreement signed by the Union and the Employer that eliminates or reduces the duty to contribute to the Fund or b) written notification that accurately indicates that negotiations with the Union have reached impasse after collective bargaining agreement termination and the Employer has lawfully implemented a proposal to withdraw from the Fund or reduce its contributions. Health and Welfare contributions shall not be required in case of strike after collective bargaining agreement termination, unless the Union and Employer mutually agree otherwise in writing. In addition to any Employer Contributions otherwise owed to the Fund under the terms of any agreement (including, without limitation, contributions owed under the terms of a collective bargaining agreement, participation agreement, or this agreement), contributions shall also be owed by an Employer to the Fund for any period for which the Fund must provide coverage to an individual (including, without limitation, a participant or beneficiary) under any provision of law (including, without limitation, the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Affordability Reconciliation Act of 2010, Public Law 111-152) notwithstanding the fact that such contributions would not otherwise be due under the terms of any agreement or would be contrary to the terms of such agreement(s). Such contributions shall be due and owing to the Fund at the same time and at the same rate as such contributions would be due under the applicable agreement as though the contributions were required under the terms of that agreement.