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that became a chronic condition. Photographs provided by
petitioners confirm that Mr. Thomas’s injured leg is severely
disfigured.
Pace Industry Union-Management Pension Plan (PIUMPP),
Article IV, Section 11, ELIGIBILITY FOR DISABILITY PENSION,
provides:
(a) Eligibility. A Participant shall be entitled to
retire on a Disability Pension if he meets all of the
following conditions:
(i) He becomes totally and permanently disabled as
defined in Section (b) below while working in Covered
Employment,[3] and
(ii) For Program A, B, and C Covered Employees, he has
accumulated at least 10 years of Pension Credit with at
least 2 quarters of Future Service Credit at the time
the total and permanent disability commences.
(iii) For Program D, E, and F Covered Employees, he has
accumulated at least 5 years of Pension Credit with at
least 2 quarters of Future Service Credit at the time
the total and permanent disability commences.
Mr. Thomas was a Program A Covered Employee. PIUMPP Article IV,
Section 12, AMOUNT AND COMMENCEMENT OF DISABILITY BENEFIT,
provides:
3PIUMPP sec. (b) provides in pertinent part:
Definition Of Total and Permanent Disability. A
Participant shall be deemed totally and permanently
disabled if, on the basis of medical evidence
satisfactory to the Trustees, he is found to be totally
and permanently unable, as a result of bodily injury or
disease, to perform work in a position within the
collective bargaining unit of the Employer with which
he was last employed and to which he is contractually
entitled. * * *
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Last modified: November 10, 2007