Article I. Definitions

Section 1.

The term "Trust Agreement" means the Screen Actors Guild-Producers Pension Plan Trust Agreement entered into as of February 1, 1960 and any modification, amendment, extension or renewal thereof.

Section 2.

The term "Pension Fund" shall mean the Screen Actors Guild-Producers Pension Fund for Motion Picture Actors, a trust fund created by the Trust Agreement, including the monies and other things of value which comprise the corpus, and all income therefrom and increments thereto.

Section 3.

The term "Collective Bargaining Agreement" as used herein shall mean the collective bargaining agreement or agreements in force and effective from time to time between SAG and Producers with respect to the employment and services of Actors in the production of motion pictures and which provide for contributions by such Producers into the Pension Fund. For purposes of the Plan, the term "Collective Bargaining Agreement" shall not include collective bargaining agreements between SAG and the unions representing its employees.

Section 4.

The term "SAG" shall mean Screen Actors Guild, Inc., a non-profit corporation.

Section 5.

The term "Producers" or "Employer" shall mean:

  1. Those member companies of Association of Motion Picture Producers, Inc. (now succeeded by the Alliance of Motion Picture and Television Producers, Inc.) who are original signatories to the Trust Agreement, and
  2. Companies that have authorized the A.N.A.– A.A.A.A. Joint Policy Committee on Broadcast Talent Relations to represent them in collective bargaining with the Screen Actors Guild, and
  3. Any other motion picture producer who becomes a signatory to the Producer-SAG Codified Basic Agreement or to the Producer-SAG Television Agreement or to the SAG Commercials Contract, and
  4. Any motion picture producer or other employer of actors engaged in the production of motion pictures in the United States, its territories or possessions, (hereinafter referred to as a "U.S. Producer") who is or hereafter becomes a party to a SAG collective bargaining agreement that provides for payments to be made by such U.S. Producer into the Fund created hereby and any producer or other employer of actors engaged in the production of motion pictures outside of the United States (hereinafter referred to as a "Foreign Producer") whose agent is or hereafter becomes a party to a SAG collective bargaining agreement that provides for payments to be made by such Foreign Producer into the Fund created hereby, and
  5. Any employer who is permitted to be regarded as an employer hereunder pursuant to Article IV, Section 1, subsection u of the Trust Agreement.
  6. With respect to Plan Office Participants, the Screen Actors Guild-Producers Pension Plan for Motion Picture Actors.
  7. For purposes of identifying highly compensated employees and applying the rules of participation, vesting and statutory limits on benefits under the fund but not for determining covered employment, the term "Producer" includes all corporations, trades or businesses under common control with the Producer within the meaning of Internal Revenue Code §414(b) and (c), all members of an affiliated service group with the Producer within the meaning of Internal Revenue Code §414(m) and all other businesses aggregated with the Producer under Internal Revenue Code §414(o).
  8. With respect to Guild Office Participants, the Screen Actors Guild.
  9. With respect to IACF Participants, the Screen Actors Guild – Producers Industry Advancement and Cooperative Fund.
  10. With respect to Foundation Participants, the Screen Actors Guild Foundation.

Section 6.

The term "Actors" means the persons employed by Producers to render services as Actors in the motion picture industry who are covered by and whose services are subject to a Collective Bargaining Agreement with SAG, and with respect to whose services contributions are required thereunder to be made into the Pension Fund. Because no substantial separate group of Extras and Actors exists in New York and certain other areas of the United States, and in those areas the same persons generally work interchangeably in both capacities, the term "Actors" shall also include, for the limited purposes of the Pension Plan, the persons employed by Producers to render services as Extras in the motion picture industry in the New York area and other areas who are covered by and whose services are subject to a Collective Bargaining Agreement with SAG and with respect to whose services contributions are required thereunder to be made into the Pension Fund. Effective February 7, 1991, the term "Actors" shall also include persons who, prior to that date, were both employed by Producers to render services as extras in television commercials and whose services were subject to a collective bargaining agreement with the Screen Extras Guild. Effective July 1, 1992, the term "Actors" shall also include persons who, prior to that date, were both employed by Producers to render services as extras in theatrical or television Motion Pictures and whose services were subject to a collective bargaining agreement with the Screen Extras Guild.

Section 7.

The term "Pension Plan" or "Plan" shall mean this Pension Plan and any modification, amendment, extension or renewal thereof. This Pension Plan shall be known as the "Screen Actors Guild-Producers Pension Plan for Motion Picture Actors."

Section 8.

The term "Motion Pictures" shall be deemed to include but is not limited to theatrical motion pictures, television motion pictures, television motion picture commercials and commercial and industrial motion pictures.

Section 9.

The terms "Plan Trustees" or "Trustees" shall mean those persons who as of any time are properly acting as such whether originally executing the Trust Agreement or appointed thereafter pursuant to the terms thereof.

Section 10.

The term "Contingent Annuitant" means the person designated by a Participant under the Joint and Survivor Option set forth in Section 1 of Article VII, provided, however, that a Contingent Annuitant shall not be a person who is more than 10 years younger than the participant for the 100% option and not more than 19 years younger for the 75% option.

Section 11.

The term "Pension Credit" means the years of service which are accumulated and maintained for Actors, Plan Office Participants and Guild Office Participants in accordance with Article VI of this Plan.

Section 12.

The term "Prior Service Credit" means the years of employment prior to January 1, 1961, to the extent credited in accordance with Article VI of this Plan.

Section 13.

The term "Current Service Credit" means the years of employment after January 1, 1961, to the extent credited in accordance with Article VI of this Plan.

Section 14.

The term "Pensioner" means a person who has retired and who is receiving benefits under this Plan, or to whom a pension would be payable but for time for administrative processing.

Section 15.

The term "Beneficiary" means a person (other than a Pensioner) who is (a) legally entitled to receive benefits under this Plan because of his or her designation for such benefits, or (b) who is legally entitled to and receiving or is entitled to receive benefits by operation of law.

Section 16.

"Calendar Year" means the period from January 1 to the next December 31. For the purposes of ERISA and ERISA regulations, the Calendar Year shall serve as the benefit accrual computation period, the vesting computation period and, after the initial period of employment or reemployment after termination of participation, the computation period for eligibility to participate in the Plan.

Section 17.

The term "ERISA" means the Employee Retirement Income Security Act of 1974.

Section 18.

The term "Normal Retirement Age" means the later of:

  1. the date on which the Actor or employee of the Plan attains age 65, or
  2.  
    1. for Actors or employees of the Plan who have Current Service Earnings on or after January 1, 1988, the fifth anniversary of the date on which the Actor or employee of the Plan commenced participation in the Plan, and
    2. for Actors or employees of the Plan who do not have any Current Service Earnings on or after January 1, 1988, the tenth anniversary of the date on which the Actor or employee of the Plan commenced participation in the Plan.

In the case of an Actor or employee of the Plan who is not vested at the time he incurs a Permanent Break in Service as described in Article I, Section 28, the date upon which the Actor or employee of the Plan commenced participation in the Plan shall be determined without regard to any employment which preceded such Permanent Break in Service.

Section 19.

The term "Participant" includes any Pensioner receiving benefits at the end of the year, a Beneficiary receiving monthly benefits at the end of the year, any person who has completed the requirements for a vested benefit as of the end of the year, and any person who is an Active Participant at the end of the year.

Section 20.

The term "Earnings Credit" means the credit for earnings received by a Participant, to the extent credited in accordance with Article VI.

Section 21.

The term "Prior Service Earnings" means the credit for earnings received by a Participant prior to January 1, 1961, to the extent credited in accordance with Article VI.

Section 22.

The term "Current Service Earnings" means the credit for earnings received by a Participant on or after January 1, 1961, to the extent credited in accordance with Article VI.

Section 23.

The term "Contiguous Non-Covered Service" means service rendered on or after January 1, 1976, other than as an Actor which precedes or follows service as an Actor with no quit, discharge or retirement occurring between such service and service as an Actor.

Section 24.

The term "Active Participant" means an Actor, Plan Office Participant, or Guild Office Participant who has met the requirements of Section 2 of Article II of this Plan.

Section 25.

The term "Plan Office Participant" means an employee of this Plan who has met the requirements of Section 2 of Article II of this Plan and who is not covered by any Collective Bargaining Agreement and has Earnings Credit on or after July 1, 1988. The term "Plan Office Participant" also includes an "IACF Participant". The term "IACF Participant" means an employee of the Screen Actors Guild – Producers Industry Advancement and Cooperative Fund who has met the requirements of Section 2 of Article II of this Plan and who is not covered by any Collective Bargaining Agreement and has Earnings Credit on or after January 1, 2007.

Section 26.

Annuity Starting Date.

  1. Subject to Subsection (b) below, a Participant's Annuity Starting Date is the first day of the first calendar month starting after the Participant has fulfilled all of the conditions for entitlement to benefits and after the later of:
    1. the Participant's submission of a completed application for benefits, or
    2. 30 days after the Plan advises the Participant of the available benefit payment options, unless
      1. the benefit is being paid as a 50% Joint and Survivor Pension at or after the Participant's Normal Retirement Age,
      2. the benefit is being paid out automatically as a lump sum under Article VIII, Section 7, or
      3. the Participant and spouse (if any) consent in writing to the commencement of payments before the end of that 30-day period.
  2. The Annuity Starting Date will not be later than the Participant's Required Beginning Date as defined in Article VIII, Section 5(b).
  3. The Annuity Starting Date for a Beneficiary or Alternate Payee will be determined under Subsections (a) and (b), except that references to the 50% Joint and Survivor Pension and spousal consent do not apply.
  4. A Participant who retires before his or her Normal Retirement Age and has his or her pension suspended in accordance with Section 9(a) of Article VIII will have a separate Annuity Starting Date determined under subsection (a) with respect to benefits payable under Section 10(c) of Article VIII, except that such Annuity Starting Date shall not be established prior to the Participant's Normal Retirement Age. This second Annuity Starting Date shall apply only with respect to additional Earnings Credit earned after the Participant's initial Annuity Starting Date.

Section 27.

Highly Compensated Employee. The term "Highly Compensated Employee" includes highly compensated active employees and highly compensated former employees of a Producer. Whether an individual is a highly compensated employee is determined separately with respect to each Producer, based solely on that individual's compensation from or status with respect to that Producer. A highly compensated active employee means any employee who (a) was a 5-percent owner (as defined in Internal Revenue Code §416(i)(1)) of a Producer at any time during the current or the preceding Plan Year, or (b) for the preceding Plan year, had compensation from the Producer in excess of $80,000 (as adjusted under Internal Revenue Code §415(d)). For this purpose, an employee is in the top-paid group of employees for any year if such employee is in the group consisting of the top 20 percent of the employees ranked on the basis of compensation paid during such year. A former employee shall treated as a highly compensated employee if: (a) such employee was a Highly Compensated Employee when such employee separated from service or (b) such employee was a Highly Compensated Employee at any time after attaining age 55.

The determination of who is a Highly Compensated Employee, including determinations of the number and identity of employees in the top-paid group, will be made in accordance with Internal Revenue Code §414 (q) and regulations thereunder. For the purposes of this subparagraph, the term "compensation" means compensation within the meaning of Internal Revenue Code §415(c)(3), without regard to Internal Revenue Code §125, §402(e)(3) and §402(h)(1) (B) and, in the case of employer contributions made pursuant to a salary reduction agreement, without regard to Internal Revenue Code §403(b). For Plan Years beginning after December 31, 1997, for the purposes of this subsection, the term "compensation" means compensation within the meaning of Internal Revenue Code §415(c)(3).

Section 28.

One Year Break in Service/Permanent Break in Service. For purposes of this Section 28, the term "minimum annual Earnings Credit" means the minimum amount of Earnings Credit required under Article VI, Section 2(c) to earn a year of Current Service Credit.

a. The term "One-Year Break in Service" means:

  1. For Plan Office Participants, each Calendar Year:
    1. prior to January 1, 1999, during which the employee's earnings were less than the minimum annual Earnings Credit for such Calendar Year;
    2.  after December 31, 1998 but prior to January 1, 2004, during which the employee's earnings are less than one-half the minimum annual Earnings Credit for such Calendar Year; and
    3. after December 31, 2003, in accordance with paragraph (2) below.
  2. For Plan Office Participants and Guild Office Participants, each Calendar Year after December 31, 2003 during which the employee
    1. has not completed an aggregate of more than 500 Hours of Service, including, for this purpose only, such hours as may be credited during a leave of absence approved in writing by the Plan Trustees pursuant to nondiscriminatory rules applicable to similarly situated employees, or
    2. has earnings that are less than one-half the minimum annual Earnings Credit for such Calendar Year;
  3. For Actors, each Calendar Year prior to January 1, 1992 during which the Actor's earnings were less than the minimum annual Earnings Credit for such Calendar Year, and each Calendar Year after December 31, 1991 during which the Actor's earnings are less than one-half the minimum annual Earnings Credit for such Calendar Year. For purposes of Article I, Section 18, in determining whether a Permanent Break in Service occurred, a "One-Year Break in Service" shall mean each Calendar Year prior to January 1, 1999 during which the Actor's earnings were less than the minimum annual Earnings Credit for such Calendar Year, and each Calendar Year after December 31, 1998 during which the Actor's earnings are less than one-half the minimum annual Earnings Credit for such Calendar Year.

The above notwithstanding, beginning January 1, 1987, any Calendar Year during which an Actor or employee is on parental leave shall not be a One-Year Break in Service. An Actor or employee shall be deemed to be on parental leave if his failure to earn the minimum amount required to prevent a One-Year Break in Service is due to the pregnancy of the Actor or employee, the birth of a child of the Actor or employee, the placement of a child in connection with the adoption of a child by the Actor or employee, or caring for the child of the Actor or employee during the period immediately following the birth or placement for adoption, including time involved for a trial period prior to adoption. If an Actor or employee is already credited with sufficient earnings to prevent a One-Year Break in Service during the Calendar Year in which he is on parental leave, such parental leave shall be applied to the year immediately following the Calendar Year.

Beginning February 5, 1994, any Calendar Year during which an Actor or employee is on an authorized leave of absence in accordance with the Family and Medical Leave Act shall not be a One-Year Break in Service.

b. A Participant will incur a "Permanent Break in Service" if the number of consecutive One-Year Breaks in Service is at least five (5) and equals or exceeds the number of years of Vesting Service previously earned and not previously disregarded under the provisions of this Section 28(b). A Calendar Year in which the Participant does not have a One-Year Break in Service but nevertheless fails to earn a Pension Credit will not interrupt the count of consecutive One-Year Breaks in Service. A Participant who is not vested and who incurs a Permanent Break in Service shall lose his previously earned Vesting Service and Pension Credit for purposes of Article III, Section 6(a)(3), Article V, Section 1(a) and Article V, Section 1(b).

Section 29.

The term "Guild Office Participant" means an employee as defined by the Screen Actors Guild Employees Retirement Plan as in effect on December 31, 2003 ("Guild Plan") who has met the requirements of Section 2 of Article II of this Plan and who is not covered by any Collective Bargaining Agreement and has Earnings Credit on or after January 1, 2004 or was a Participant of the Screen Actors Guild Employees Retirement Plan on December 31, 2003. The provisions of the Plan shall apply to Guild Office Participants who meet the requirements to be a Participant as provided under Article II, Section 2, paragraph (b). In the event the Guild Office Participant does not meet such requirements, the provisions of the Screen Actors Guild Employees Retirement Plan as in effect on December 31, 2003, shall continue to be applicable, unless otherwise specified in Appendix A. The term "Guild Office Participant" also includes a "Foundation Participant". The term "Foundation Participant" means an employee of the Screen Actors Guild Foundation who has met the requirements of Section 2 of Article II of this Plan and who is not covered by any Collective Bargaining Agreement and has Earnings Credit on or after April 1, 2007.

Section 30.

The term "Hour of service" means the following:

  1. Each hour for which an employee is directly or indirectly paid, or entitled to payment, by the Employer for the performance of duties, plus each hour for which credit is not otherwise given for the performance of duties with respect to which back pay is awarded or agreed to by the Employer, computed without regard to any mitigation of damages and credited to the Calendar Year in which the employee performed the duties or with respect to which the back pay award or agreement pertains.
  2. Each hour, up to a maximum of 501 hours for any single continuous period, for which an employee is directly or indirectly paid, or entitled to payment, by the Employer for reasons other than the performance of duties (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence, excluding any such hours for which payment is made or due under a plan maintained solely for the purpose of complying with the applicable workers' compensation, unemployment compensation or disability insurance laws or which reimburses an employee solely for medical or medically related expenses that he/she has incurred. Any hours for which back pay is awarded for a period during which no duties are performed shall also be subject to the 501-hour maximum credit for any single continuous period.
  3. Each hour, up to a maximum of 501 hours for any single continuous period, of absence incurred by an employee for the purpose of:
    1. pregnancy,
    2. birth of a child,
    3. adoption of a child, or
    4. caring for a child immediately following birth or an adoption, Such employee shall be treated as having completed either the number of hours that would have been completed except for such absence or 7 Hours of Service for each normal workday where normal work hours are not known. Any hours required to be credited pursuant to this subsection (c) must be credited only
    5. in the Calendar Year in which the absence begins, if such crediting is necessary to prevent a Break in Service during such Year or
    6. in the following Calendar Year.
  4. Each hour that an individual receiving a differential wage payment (as defined by Code Section 3401(h)(2)) is treated as an employee of the employer making the payment.
  5. Each other hour for which an employee must be credited, pursuant to any applicable Federal Law. In determining the number of Hours of Service to be credited to an employee for reasons other than the performance of duties, as well as in determining the Plan Year to which all Hours of Service should be credited, the rules of Section 2530.200b-2(b) and (c) of the Department of Labor regulations shall be followed to the extent such rules are not incorporated in this Plan document.

Section 31.

The terms "marriage," "married," "legally married," "spouse," or "legal spouse," as used herein, shall have the same meanings as those set forth under applicable state law. For Annuity Starting Dates on and after July 1, 2011, these terms shall also apply to qualified Same-Sex Domestic Partners as defined in Section 32 below unless otherwise specified.

Section 32.

The term "Same-Sex Domestic Partner" means an individual who is the same sex as the Participant and who has submitted to the Plan:

  1. an Affidavit of Domestic Partnership on a form provided by the Plan,
  2. any required supporting documentation and
  3. who meets the required criteria set out in the Affidavit.

No person shall be considered a Same-Sex Domestic Partner if that person resides in a state that permits same-sex marriage. In addition, no person shall be considered a Same-Sex-Domestic Partner prior to the time a complete Affidavit has been submitted to the Plan. The Participant's Same-Sex Domestic Partnership shall terminate effective immediately if the Same-Sex Domestic Partner no longer meets the required criteria as set out in the Affidavit.