The proposal means that NECA will work with the IBEW to replace the wording of "Gross Labor Payroll" with the words "Productive Electrical Labor Payroll" in the NEBF standard Category 1 labor agreement language and will direct the NEBF Trustees and National Employees Benefit Board to replace the wording of "Gross Labor Payroll . This is in response to your request for an advisory opinion concerning the definition of "participant" provided in section 3(7) of Title I of the Employee Retirement Income Security Act of 1974 (ERISA). This edition includes the 1962 introduction by legendary social critic Lewis Mumford, a close MacKaye associate, and a foreword by planner David N. Startzell, executive director of the Appalachian Trail Conference since 1986. Section 6.3.3(a) provides that such a Related Organization who desires to contribute on behalf of its employees shall executea . v. Lawbaugh, 359 F. Supp. The labor agreements, however, do provide that the employer is bound by the terms of the Restated Benefit Agreement and Trust of the NEBF ("Trust Agreement"). Writing primarily for the parties, who are well-acquainted with the background of this case, we discuss only those facts essential to our analysis. The NEBF trustees have adopted a policy limiting refunds of employer overpayments to contributions made within three years of NEBF's knowledge of the overpayments. Venue is proper under 29 U.S.C. ]]>*/, John P. Counts, Esq. This Amended and Restated Certificate of Incorporation (the "Amended and Restated Certificate"), which both restates and amends the provisions of the Certificate, was duly adopted in accordance with Sections 228, 242 and 245 of the General Corporation Law of the State of Delaware, as amended from time to time (the "DGCL"). The documents that you have submitted indicate that an individual can become eligible to participate in the NEBF only as a result of an employer's having executed a participation agreement with the NEBF, obligating the employer to make contributions on behalf of at least some of its employees. Susan G. Lahne local Apprenticeship and Training Trust Agreement. 3. 8, and evidentiary exhibits in support of the Motion for Default Judgment, ECF Nos. "Upon default, the well-pled allegations in a complaint as to liability are taken as true, although the allegations as to damages are not." with respect to a trade of business, whether incorporated or unincorporated, which is wholly owned by the individual or by the individual and his or her spouse" or "[a] partner in a partnership and his or her spouse." This is the story of survivors who vividly recall the hardships, hazards, and victories of constructing the landmark span during the Great Depression. As a result, the amount of a participant's monthly pension benefit is not dependent upon the participant's actual income prior to retirement or the actual amount of contributions that an employer made on his or her behalf, but rather upon seniority in the NEBF. The NEBF Agreement provides for liquidated damages of "up to twenty percent (20%) of the amount found to be delinquent" to compensate Plaintiffs for collection .
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