CALIFORNIA FIREFIGHTERS BENEFIT TRUST
JOINDER AGREEMENT FOR ASSOCIATIONS
{14066/A0594900.1}
Dr.2/26/21
1) Receipt of Trust Documents . We, the undersigned , have received a copy of the Trust Agreement governing the CALIFORNIA FIREFIGHTER S BENEFIT TRUS T, effective November 1, 2008 , and all amendments thereafter (the “Trust Agreement”), and the Medical Expens e Reimbursem ent Plan , restated effective March 1, 2021, and as amended thereafter (the “Plan”). The Plan provides retiree medical expense reimbursement benefits.
2) Request to Part icipate. Request is hereby made that SAFETY employees represented by the LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL - CIO (the “Association”) be participating employees in the Plan. In consideration of the granting of this request, we hereby agree to be bound by the terms, conditions and provisions of said Trust Agreement and Plan.
3) Contribution Rate.
a. Mandatory Contribution Commitment. The obligation to contribute to the California Firefighters Benefit Trust (the “Trust”) for each employee represented by the Association is set forth in ARTICLE 2.20 of the MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL - CIO, hereafter called the “MOU.” Attached is a true and complete co py of that document, effective July 1, 2022 – December 31, 2024.
Promoted Employees. Employees promoting out of Association will not continue contributions following promotion.
b. Salary Contributions. The MOU authorizes contributions to the Trust beginning for the pay period following the execution of this agreement. The recurring contribution totals $ 100 per employee month and consists of $ 100 of employee contribution and $0 of employer contribution. If these amounts are changed, the Association will notify the Trust.
c. Sick Leave. There is not a provision in the MOU regarding a mandatory transfer of accumulated sick leave to the Trust.
d. Vacation Leave. There is a provision in the MOU regarding a mandatory transfer of accumulated vacation leave to the Trust at Article 2.20. It is for a tran sfer of vacation l eave at separation.
California Firefighters Benefit Trust
Joinder Agreement
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4) Contribution Transfer to Trust . The Employer shall remit the above contributions and/or accrued leave payments directly to the Trust for the duration of the Memorandum of Understanding. Those contributions shall be remi tted in one aggrega te payment directly from th e Employer to the custodian of the California Firefighters Benefit Trust within 30 days of the date the payment would have been payable to the employee. The Employer may not transfer any contributions to the Association for payment to the Trust. All parties acknowledge that federal law imposes penalties on the employer for late contributions, currently for contributions more than 90 days after the date payable to the employee.
5) No individual ele ctions. We certify t hat contributions will be made on all employees in the bargaining unit, and employees may not individually elect against participation in the Plan , nor may an employee individually elect the level of his or her contributions. If contributions are made on employees promoted out of the barg aining unit, we certify that these contributions are also mandatory and no promoted employee may individually elect against participation in the Plan, nor elect the level of contributions.
6) Delinquencies. The Association acknowledges that the Trust Agreement contains provisions regarding pursuit of delinquent contributions, and we will cooperate with the Trustees in said proceedings.
7) Employer Monthly Reporting to Trust. The Association and Employer agree to cooperate with the Trust to a ccomplish monthly reporting of employee contributions in a format approved by the Trust. In conjunction with contribution transfers, the Employer will send a report (in a format approved by the Trust) of employees on whose b ehalf the cont ributions are mad e to the Trust. The initial contribution report shall include the following data on all participating employees: employee name; social security number (or employee number if SSN not available); date o f birth; date of hire; h ome address; and phone. In addition, the Employer or Association will report to the Trust on new hires (along with the above -listed data on each new hire), employee terminations, and changes in employee contact information, as these events occur.
8) Joinder Fee. We acknowledge there is a joinder fee of $50 per Participant with a minimum of $2,000 per joining Association to a maximum of $7,500 per joining Association . (Provided that, for Associations of less than 20 members, the joinder fee is $2,000, or $50 per Partici pant plus actual costs to the Trust for processing the joinder , whichever is less.) Check one: ____ A check in that amount ($7500) is attached or __X__ Trust is auth orized to deduct the joinde r fee from the first contribution t ransfer. “Participant” is defined, for purposes of thi s Joinder Agreement, as an employee upon whom the Section 3(a) contributions, described above, will be made. We understand that this amoun t does not count toward Act ive Service in the Plan, but is to cover the various costs of joining the Trust. In the event that this Agreement is terminated and California Firefighters Benefit Trust
Joinder Agreement
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the Association does not join the Trust, this payment is nonrefundable to the extent the Trust h as incurred expenses in preparation for the joinder or in aiding the Association in negotiations.
9) Limitation of Liability. The parties acknowledge the following provision in Article XI, Sections 1 and 2, of the Trust Agreement regarding limitations on the liability of the participating parties:
“1. Liabilities and Debts of Trust Fund
No signatory party or Trustee, and no participating employer, employer association, labor organization, employee, or beneficiary shall be responsible for the liabilities or debts of the Trust Fund.”
“2. Liabilities and Debts of Participating Parties
No part icipating e mployer, employ er association, or labor organization shall become responsible by reason of their participation in the Trust Fund for the liabilities or debts of any other participating employer, employer association, or labor organization.
Except for any obligation to make contributions to th e Trust pursuant to a Special Agreement or Subscription Agreement, a Participating Employer shall have no obligation t o provide benefits to wh ich its employees may be entitled u nder a Memorandum of Understanding to the extent that those benefits are provided under a plan funded through the Trust. A Participating Employer shall not be a fiduciary of the Trust , any employee benefit plan funded th rough the Trust, and shall have no responsibility or li ability f or Trust investments or th e income tax treatment o f Trust earnings or ben efits provided under such plan.”
10) Effective Date. This Agreement shall become effective w hen signed below, prov ided however that contributions will b e accepted as pro vided in the Memo randum of Understa nding described in Secti on (3 ) hereof, but provided further, that retroactive contributions may be subject to terms and conditions imposed by the Trustees, including, for example, lost interest or administrative fees.
11) Pooled Sharing of Risks and Costs. We acknowledge that: a) the Trustees pool all contributions (provided however that the Trust will maintain a separate record per employee of the transfer of sick leave and vacation leave); b) that the Trust an d Plan op erate based on a multiple -employer basis, sharing of costs and risk between all participants, and not based only on the employees in the undersigned Association; and c) t hat the monthly benefi t levels will be set based on actua rial projections for the entire Trust population, and n ot based only on the employees in this Association.
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12) Legal Compliance of MOU Language . If at any time during the Association’s partici pation in the Trust, the Association’s MOU language and/or procedures are not compliant with current statutes, regulations, or agency guidan ce ap plicable to the Trust, the Trust can request revision of such MOU language or procedures to attain compliance. This noncompliant MOU lan guage may occur through changes to the applicable law or through revisions associated with bargaining occurring after this Agreement is adopted. The Association must obtain prior approval from the Trust for any future revisions to MOU language or procedures related to Trust participation (i.e., not included i n the att ached MOU). In the event that MOU language or procedures are not compliant with applicable law and are not revised as requested by the Trust, the Trust may terminate this Agreement, pursuant to Section 13 below.
13) Termination. This Agreement shall remain i n effect unless terminated by written n otice to the other party of this Agreement. Written notice of termination must be received by either party prior to the first day of the month in which participation is to be terminated. We acknowledge Article XI Section 6 of the Trust Agreement and acknowledge that upon termination of this Agreement federal law restricts the Trust from refunding any contributions to the employees, the Employe r, or the Association , except as be nefits paid according to the Plan.
Agreed by Joining Association:
By Association President (Authorized Signature) Address
Print Name City State Zip
Date Phone
California Firefighters Benefit Trust
Joinder Agreement
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Acknowledged by Employer:
For Employer Title
Print Name Phone
Date
Approved and Accepted by:
California Firefighters Benefit Trust
Administrative Agent (Print name)
Date
Please send this Agreement to:
California Firefighters Benefit Trust Office
c/o Benefit Programs Administration
1200 Wilshire Blvd., 5th Floor
Los Angeles, CA 90017
Phone number: (213) 406-2370
Email: [email protected]