R2009-37 ADOPTING POST EMPLOYEMENT HEALTH PLAN

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�..._. � � Changes to the CBA must be submitted to the Administrator for acceptance prior to its becoming effective and binding on the Administrator. Such acceptance shall not be unreasonably withheld 4. This Participation Agreement shall cover only those categories of employment for which the present CBA between the Employer and the Local Union requires Contributions to the Plan. Any other categories of employment shall require specific acceptance by the Administrator to be covered under the Plan. 5. Subject to section 8 of this Agreement, this Agreement shall remain in effect until such time as the Employer withdraws from the Plan pursuant to the withdrawal provision of the Plan document(Section 11.6). The Employer acknowledges that withdrawal from the Ptan will no longer entitle Employer's representative or its Employees' representative.to participation in the advisory committee created under terms of the Trust. The Administrator, however, reserves the right to terminate the Employer's participation in the Plan: (a) should the Employer fail to make Contributions to the Plan; (b) if at any time the Employer's CBA is modified in a manner which affects the operation or administration of the Plan in a manner which is unacceptable to the Administrator or Trustee; (c) if at any time the Employer's CBA is modified in a manner which, in the opinion of the Administrator, jeopardizes the tax qualification of the Trust or the regulatory approval of the Plan; or d as otherwise rovided in the Plan or Trust A reement. , O p 9 6. The commencement and continuation of the Employer's participation in the Plan is contingent upon such commencement or continuation of participation not impairing the attainment, or retention, of the tax exempt status of the Trust under section 501(c)(9)of the Internal Revenue Code of 1986, as amended. 7. The commencement and continuation of the Employer's participation in the Plan is contingent upon such commencement or continuation of participation not violating the terms of any revenue ruling the Plan receives or has received from the Intemal Revenue Service(the"IRS")and any ruling or guidance published by the IRS applicable to the Plan. The Employer acknowledges that failure to comply with the terms of the Plan and Trust may subject it and its Employees to adverse tax consequences. 8. The Employer shall pay Contributions to the Plan required by its CBA in effect with the Local Union, from time to time, for each employee in a category for whom a Contribution is required pursuant to its CBA with the Local Union. All Contributions shall be due and payable to the Trustee or such other lockbox designated by the Administrator from time to time and maintained by the Trustee. With each Contribution to the Plan, the Employer will provide the Administrator with a Contribution Summary Sheet(or similar Report)which shall list the employees for whom contributions are made, their Social Security numbers, names and whether the contributions are for health care premiums(a.k.a. 06 sub-account contributions)or unreimbursed health care expenses(a.k.a. 05 sub-account contributions) and the amounts to be allocated on behalf of each such employee. The Administrator or its designee shall record the Contribution and reconcile the Employer's Contribution Summary Sheet or other Report. The Administrator may reject Contributions that do not comply with the requirements of the Plan, the Trust and the Code. If the Administrator rejects any Contributions, the Contributions and the Contribution Summary Sheet will be returned to the Employer for cure. The Administrator shall instruct the Trustee to transfer the Contributions in good order from the lockbox to the Trust investment account upon completion of such recording and reconciliation. Contributions shalt not accrue income or share in investment gains or losses while they are in the lockbox prior to the transfer to the Trust investment account and during which time Contributions were returned to the Employer for cure. DC-2936-0408(Collectively Bargaineal)