AFM&EPF2 Application with Exhibits through 7.07 (2 of 7)2-of-7).pdfAmerican Federation of Musicians and Employers Pension Fund Exhibit 7.07 Group 1 – 596 Custom CBAs 89 715999002

American Federation of Musicians and Employers Pension Fund Exhibit 7.07 Group 1 – 596 Custom CBAs

88

79801001 CHICAGO MASTER SINGERS DIVINE WORD CHAPEL CBA

AFMEPF0783

2. Pension: THE EMPLOYER shall pay to the AMERICAN FEDERATION OF MUSICIANS

AND EMPLOYERS' PENSION FUND ao amount equal to eleven ix,rcent (11%) of the Employe(s.gross payroll for all employees covered by this Agreement. Such payment shall be foiwarded to the Office of the Union during the week iol\owlng the week for which the payment is made. The Employer shall file contemporaneously with the aforesaid payment infonnation relating to the employees on whos~ behalf contributions are paid, including the amployee's name, so.cial security number, wages and such other lnformation which the Trustees of \he Fund may reasonably require. The Employer adopts and agrees to be bound by all the terms and aondluons of the Trust Agreement creating the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION FUND, dated October 2, 1959, as amended fr-Om time to time, as fully as if the Employer were an ori9inal party thereto.

The Employer hereby ratifies and agrees to be bound by an actions taken and to be taken by the Soard o!Trustees. pursuant to the Powers granted them by the Trust

Agreement.

The Fund shall provide pension benefits according to the AMERJCAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION PLAN, as amended by resofutlon dated December 3, 1964, and April 3, 1967.which said Amended Pension Plan Is attached hereto and made part hereof. In the event the Pension Plan shall be further amended, either In whole or in part, during the term of this Agreemen~ the revised Pension Plan shall be deemed to the Incorporation herein as if a part hereof.

Note: In accordance with the AFM-EP Fund rehabilitation plan. the pension rate of 11.99% was adopted on April 1, 2011. This rate will be discontinued immediately and will revert back to 11% for the remainder of the tenm of the contract when the AFM-EP Fund repeals their rehabilit ation p lan.


89

715999002 CHICAGO MASTER SINGERS DIVINE WORD CHAPEL CBA REHAB 2

AFMEPF0784

2. Pension: THE EMPLOYER shall pay to tho AMERICAN FEDERATION OF MUSICIANS

AND EMPLOYERS' PENSION FUND an amount equal to thirteen and one hundred and eighty-nine thousandths percent (13.189%). inciusive of all amounts required by the Fund's Rehabilitation Plans, of the Employer's gross payroll for all employees covered by thrs Agreement The Fund will not consider 9.09% of the contribution payment when calculating future benefits. Such payment shall be forwarded to the Office of the Union during the week following the week for Which the payment is made. The Employer shall file contemporaneously with the aforesaid payment information relating to the employees on whose behalf contributions are paid, including the employee's name. social security number, wages and such other information which the Trustees of the Fund may reasonably require. The Employer adopts and agrees to be bound by all the terms and conditions of the Trust Agreement creating the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION FUND, dated October 2, 1959, as amended from time to time, as fully as if the Employer were an original party thereto.

The Employer hereby ratifies and agrees to be bound by all actions taken and to be

taken by the Board of Trustees pursuant to the Powers granted them by the Trust

Agreement.


90

79357001 CHICAGO SHAKESPEARE THEATER CBA

AFMEPF0785

flffiEH: P~NSION IBE tMPlOVER wlll «>ntnbuta to tilt AMcAICAN FEO£RATlON Of MUS1CIANS AND

EMPtOVcftS' PENSION FUNO [the "Fund" I In 1c.c0rdi nee wlrh tf\e oontrlbutlon sch~u le of the Aehab~ltatlon Piao adopted by t~ Bqard of Trustees or the f"nd on April lS, 2010 (the ~2010 Rehabllltatlcm Plan"), whid. i~ lncorporattd herein, THE EMPLOYER sftall pay to the Fund an amount tqUal to Eltwi and oine,ty•□io~ hundrgdtbs ~rcent(ll.99%1 of the Employer's gross wtekly payroll for all employees covered by this Agreement. Sud\ pavment shall bel forwarded weekly to the Offi,e <it the Union d~rlng the WHk followlr,s lite week for wh lch the P3Ymettl I$ made. The Emploversha.11 nte cont~mporaneously wHh the aioresJld paym~Mt 1nrorrnatlon ttlatlng to the employee5 on whose beh~lf contrlbutlor,s a~ paid, including the employe!!'s name, ~oelal ~eturity numb·e,, w~ees and such other lnformatic,i, wnkh tile Trustees of tire FtJnd m•v rtMonably ttqulro. Th~ Employtr adoptu"d airee! h> be bc;und by all the terms and condition, oft Trust Aarc ma1'l er.nun, lh& Mdi81CAN fEDERATIQN OF MUSl,CWll ANO ;MPtO'tERS' Pe'.N~ION FUNO, OATEO O~~r 2.1~9, as amend~d from Uma to tim~1 a~ fully as 1r the £mp1oye, were ,an o(l'inal party the,eto,

The EmpJ()ytrhl!reb•i ratifies and agree$ to be bour,d tv all actlOM to be tak~n by the eo~rd ofTnntees pursu~nl to the powerl annted th,m ~V the Trust Agreement The Fund shall provide p~~lon oonents aci;ordlns to the AME~tCAN PEOEAA ON Or MUStCIANSAND EMPLOYERS PENSION PLAN, i15 ,mended by reso~Uon dat~d O!cember 3, 1964 a'-d April 31

19671 wh th Rld evenl tht Pensfon Ph,n. 1l1al b~ furlhGt amtlflded, tither in whole or ln part, during the term or this Agre~ment, the r!\11~ed Ptnsicn Plan shall be deemed to the ,nco1potatlcn hcr~io as rr a part her!!cf,

(f>ensfo,- ~ calrulated on GROSS WAGES)


91

958327002 CHICAGO SINFONIETTA ORCHESTRA CBA REHAB 2

AFMEPF0786

6.7.21 PtmiOII The ~oyer slntl pay lo Ille Amerkan FedmUoo orM111ldans' and Employers· Pl'Jllioo Fand for lhe perkld from Seplembe I, 2018 ilioogh Feb1111iy 28, 2019 an amouol !1!1121 lo 11.99% of lhe iass w11ekly pay of 1!.!ch Musicmn which ill'ludes lhe conlmution schedule of ihe Rehabitilallon Plan adopied by ibe Board ofTM!ees cilli! Fand oo April 15. 2010 {the '2010 Rehabitilation Piao"), whkh is ioccrporaled herein. B~inning Much I. 2019 and for lheduraliln of Olis Arffill!lll, lhe Employer shall J>iY lo lhe Awic.in Ftderalion ofMusicialll' and Employen' Pm1ioo Fund an amilunl equ~ lo 13.189% wiuch includt.s Ille ronlrimlllonschl'dlle of Ille Rehabtli!Jlioo Plan adopled by lhe Boaid of T M'tees of 1he Fund on August I. 2018 (lhe 'ZOl8 Rembililalioo Plan"). Such piymetils &lull be forw11rded wetkly lo lhe Offict of the Union during the weet fci!011ingthe week fer which lhe payment is made. The Employer shall file c0111emp011neoosly with the aforeaid paymenl infwmllioo rebttng lo lhe M111lcmnson "iiost behalf cOlllributio111 are paid ioclud~ lbe M111k:i.an's name, socW !tCUJ'ily 111J1ibe, "lges and .111ch !Kher infDnlllilOf\ which lhe TM!ees of lhe Fund may ,easonably requirt Tbe Employer adopts and ag,ees lo be bound by all of lhe lerms aoo ronditllllll Ii 1he T,ust Agreement creating lhe A111e11aln Federnlloo of Musidaos· and E~loy1n' Pemioo Food, d31!d Odober 2. 1959. as ao,ended from time lo lime. aJ fully as ii the Employer were an crigiral party !hereto.

The Emplo)'t"I hereby 1111ifies ,md agrees lo be bound by aD acliom taken aod lo be liken by lbe said Boaid of Trustees pursuanl to lbe PO\\ll'S gaoled lbem by lhe Trull Agretmeol The Fund shall provide ptll!M)ll benents ae«rdiog lo lhe American Federa!M)ll of Musiciw · and EmplO)'!fS' Pension FWld Piao. ill amended by re1olulion dated December 3, 1964. and April 3, 1967, "iiich said Ame!lded Pemioo Plan is altlclied h1!!fo aoo made a !Plrt heu,o[. In lht milt lhe Pensioo Plan shall he furlhl'I' amend!d. ei1her in whole or in pal1. dming lbe term of Ibis Ageemm. lbe revised Pension Plan slnll be deemed lo be incorporated herein as [ a part hereof.

6.7.3 The Employer shall be oolig:iled lo pay lhe Musicians f1J: all cancelled smires unless !be Mu51dans are notified in wri1ing sixty (60) days in adv,nce of such cancelled Sl'l'VktS except ill pnr,ided for In S«lioo 9. 7 and Section 5.2.

6.7.4 The Union expressly waives, lo the full exlelll l)l'l'milled by law. applka1ionor the foll011i!lj( lo all employees employed under lhls ~etmeol: the Chica~o Paid Sick Le.ive Ordinance, Cbapt!I' 1 •24 ci lhe Mmicipal Code of Chica~o and the Cook Coomy Earned Sick le.11" Ordinance No. 16•4229; aoo any Olhl'I' oolinance, !lalule IJ: ~w requirlllj( paid sick le.ive lh.il ls hl'l'eafil'I' enacted "ilhln the jur~dictlon of this Ai!ietmenl.11 ~ uodemood that the Union and the Emoloyer 31!lted to mtmOriallze any permlued ~1il·er fer any newl}•-enaded l:rw governing SllCh beriefill by letter agetmenl.


92

720153002 CHICAGO THEATRE GROUP IN ALBERT THEATRE OF THE GOODMAN THEATRE COMPLEX CBA REHAB 2

AFMEPF0787

ELEVENTH: Pension The Employer shall pay to the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION FUND in accordance with the contribution schedule of the Rehabilitation Plans adopted by the Board of Trustees of the Fund, which are incorporated herein.

THE EMPLOYER shall pay to the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION FUND an amount equal to 15.587% (fifteen and five hundred eighty-seven thousandths) of the Employer's gross weekly payroll for all employees covered by this Agreement (including rehearsal and vacation pay) inclusive of all amounts required by the Fund's Rehabilitation Plans. The Fund will not consider 9.09% of the contribution payment when calculating future benefits. Such payments shall be forwarded weekly to the Office of the Union during the week following the week for which the payment is made. The Employer shall file contemporaneously with the aforesaid payment information relating to the Musicians on whose behalf contributions are paid including the Musician's name, social security number, wages and such other information which the Trustees of the Fund may reasonably require.

The Employer adopts and agrees to be bound by all of the terms and conditions of the Trust Agreement creating the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION FUND, dated October 2, 1959, as amended from time to time, as fully as if the Employer were an original party thereto.

The Employer hereby ratifies and agrees to be bound by all actions taken and to be taken by the said Board of Trustees pursuant to the powers granted them by the Trust Agreement.


93

953197002 CHILDRENS ORCHESTRA SOCIETY CBA REHAB 2

AFMEPF0788

ARTICLE 5-PENSJON BENEFITS

A The Err.,loyer aarees to contribute an amount equivalent to 8% of each teac:hina an:i1t •s W-2 waac.s to the AFM-EP.

B. All contributions to the Fuod shill be made by check payable to the AFM~EP. All sue~ checks shall be accompanied by a remittance form supplied by the Unjon_ identifyins each employee for whom I conlribution is made. the leachma anist•s name, social securily number, the period covered, and the wages on which pension contributions are paid 'The

cbeck(s) and remittance information shall be lranJmilted to Local 802 for forwarding to the Fund within thiny-one (31) days following the rendering of ren,ices for which such contributions a.re payable If 1he Employer is unincorporated. no contn'bulion.s will be paid on behalf of any owner or part-owner of the Employer.

D. Thi Employer agrees to be bound by the Agreement and Dcdararioo of Trust esa&blishina The American Federation of Musicians and Employer's Pension Fund, as it ffliY be amended &om time &o time. which is incorporated by reference into this Agreement.


94

958158002 CINCINNATI CHAMBER ORCHESTRA CBA REHAB 2 PART 2

AFMEPF0789

19.6 - Pension

The CCO agrees to make pension conlribu1ions to 1hc American Federation of Musicians and Employer J)ension Fund ("AfM-EPF"'), on behalf of musicians it employs within the jurisdiction of the Union, in the amounts set forth below on au btLSC ,i..-ugcs, overtime pay~ rehearsal pay, doubling premiums and any additional premiums (collective1y, "Scak: Wages .. ), earned under this Agreement

The CCO agrees to be bound by and hereby accepts the tcnns and conditions oftJte Agreement Md DecJaration ofTrnst Establishing the American Federation orMusi<;.ians and Employers' Pension Fund, dated October 2~ 1959, as it may be amended from time to time and all rehabilimtion plans and updates, rules and policies thereunder (collectively, the ''AFM-EPF Trust").

The CCO specifically acknowledges the tcnns of the AFM-EPF Trus~ which are incorporated by rerereace and made a part hereof and agrees. when employing musician covered by this Agreement v.1thin the jurisdiction oftbe Union, to provide reasonable access lo au information that the AFM-EPI' may require, and 10 permit the AFM-EPF 10 conduct an audit oflhe CCO's payroU and wage records to verify the accuracy of the contributions made.

Contributions shall be made in the following amounts: (i) From January I, 2018 tlwugh January 28, 2018, S.45%of&:alc Wages; (ii) Commencing January 29, 2018, 5.995% of Scale Wages.

The Unioo shall give written notice to the CCO of all notices, amendments, updates, ruJes. policies, rehabilitation plan updal'cst and any other instructio1ls or directives issued by the AFMEPF. within 30days of issuance by AFM-EPF.


95

953576001 CINCINNATI SYMPHONY ORCHESTRA CBA

AFMEPF0790

IL American Federation of Musicians and Employers' Pension Fund Beginning September 5, 1994, the Employer shall contribute to the American Federation of Nlusicians and Employers' Pension Fund on behalf of each full contract Musician on a quarterly basis three and one~half percent (3th%) of the total minimum weekly compensation provided under Article V1 "Compensation-Wage Scale" of thii:; Ma!tter Contract ,-vith Section F " Electronic rvtedia Guarantee" exdud~d. Beginning September- , 1997, the contribution shall be increased to four percent (4%) of the total minimum w~ly compensation. Beginning September 7, 1998, the contribution shall be increased to five percilllt (5%) of the minimum weekly compensation. and beginning 5'..--ptember 4. 2000, the contribution shall be increased to s ix percent (6%) of the minimum weekly compensation.

The Employer agrees to be bound by the Trust Indenture dated October 2, 1959, as heretofore or herl?after amended.

The Employer shall make such payments to such place as the Trustees of the Funds may designate and shall submit reports in such form as the Trustees may reasonably require, and the C50 shall be subject to such reasonable audit by the Trust~ as the Trustees may require.

The Federation and said Trustees, or either of them, ma)' enforce any provision of this paragraph.


96

953576002 CINCINNATI SYMPHONY ORCHESTRA CBA REHAB 2

AFMEPF0791

IL American Federation of Musicians and Employers' Pension Fund Beginning September 5, 1994, the Employer shall contribute to the American Fedffation of Nlusicians and Employers' Pension Fund on behalf of each full contract Musician on a quarterly basis three and one-half percent (3th%) of the total minimum weekly compensation provided under Article VI "Compensation-Wage Scale" of thii. Mci!ttcr Contract ,-vith Section F "Electronic ~tedia Guarantee" exdud~d. Beginning September , 1997, the contribution shall be increased to four percent (4%) of the total minimum wt!ekly compensation. Beginning September 7, 1998, the contribution shall be increased to five perclllt (5%) of the minimum weekly compensation. and beginning SL--ptember 4. 2000, the contribution shall be increased to six percent (6%) of the minimum weekly compensation.

The Employer agrees to bl! bound by the Trust Indenture dated October 2, 1959, as heretofore or hereafter amended.

The Employer shall make such paymmts to such place as the Trustees of the Funds may designate and shall submit reports in such form as the Trustees may reasonably require, and the CSO shall be subject to such reasonable audit by the T~i~ as the Trustees may require.

The Federation and said Trustees, or either of them, may enforce any provision of this paragraph.


97

958369002 CIRCUS CIRCUS HOTEL AND CASINOS CBA REHAB 2

AFMEPF0792

ARTICLE 23. PENSION CONTRIBUTION

Section 23.01. Agreement and Declaration of T111st. The Employer agrees to be

bound by the Agreement and Declaration of Trust dated October 2, 1995, as amended,

establishing the American Federation of Musicians and Employers Pension Fund (herein

sometimes referred to as "the Trust Fund") and to execute the Standard Form or Agreement for

participation In the said Trust Fund, a copy of which Is attached hereto and by this reference

made a part hereof.

The Employer's agreement to be bound by the Trust Indenture and Participation

Agreement Is based upon the Union's representation that said Trust Fund Is now and will

continue to be an exempt entity under the provisions of the Internal Revenue Code.

The Employer does not guarantee the payment of any benefits provided for under said

Trust Fund nor the solvency or actuarial soundness of such fund. The Employer's sole obligation

shall be to make the conbibutions, at the time and In the manner prescribed In section 24.02 of

this Article 24.

SCc;tion 23.02. Rate of Contributions. The Employer agrees to pay each month to

the American Federation of Musicians and Employers Pension Fund as pension contributions on

behalf of Its employees the sum of eight and one-half percent (8.5%) of all wages earned at

scale.


98

959284002 CITY OF OCEAN CITY CBA REHAB 2

AFMEPF0793

On behalf of each musician covered under this Agreement (inciuding subs, extras,

probationary and non•probationary musicians), the Employer shall contribute to the

American Federation of Musicians' Pension. Fund {AFM·EPF) an additional amount equal

t~ six percent (6%) in each year of all wages earned under this Aweement. In accordance

with the American Federation of Musicians & Employer's Pension Fund Rehabilitation Plan 1 '

the contribution will increase to 6.24% effective April 1, 2010 and to 6.54% effective April . 1

1, 2011 . Each payment shall be accompanied by the appropriate personnel or AFM 8

Report Forml setting forth for each musician ~n behalf of whom pension is being paid, the

musician's n!me, Social Securify nu~ber, date (or month) o~ services(s) for which pension

I Is being paidi, and the amount of pension contrlbuted. All contributions to the AFM•EPF

shall be paid lno later than the end of the month following the month in which the services I . occurred, and shall be furnished to the Administrator of such fund at a place designated by

the Union.


99

710369002 CITY SPRINGS THEATRE COMPANY CBA REHAB 2

AFMEPF0794

VI lltllCI

6. American Federation of Musicians and Employers Pension Fund (AFM-EPF) A. Eflecti\e upon lhc rahficatton of thi Agrttmtnl, Theatre agrees to make ptnsion contribution to the

Amc:ncan Federation of Musicians' and Employers' Pension Fund ("AFM•EPF') on behalf <lf musician it eruplo~ within the junsdiction of AFM Local 14 -462, at the pcrccnu1gc sci fonh in Schedule A. Accordinrly, Thcntr agrees to be bound by and hq-cby ecccp~ the tenns and conditwn~ of the A rrcement and Dcclaratio11 of Trus~ dutt'd Octoher i , 1959, es1ablishi1tg the AFM•EPF {an<l all plans, rul and policies thereunder), a emended, or :is may be rnendcd from lime lo lime (the •· rrust", collectively).

B. The Theatre dopls the: Amcncan Federa1ion of Musicians and fmploycrs· Pension Fund rthab1litahon plan doptcd by lh~ Bortrd of Trustees of the Fund on April 15, 20 I 0, including nil contnbution chcdules, which is incorporated h~ by 1efea.'11ce.

C. 'tneatrc will forward pt'11 ion payments> long with AFM•E PF approved rcmi1tancc fonns, through AFM Local 148•462 t the amc time as a1I oth r payroll. Theatre shall issue a separate che~k made piiyablt lo AFM-r.Pf for the total amount of ptn!\1on for each engageme1u.

D. Any audit ofThcalJe' recordi. performed in accordance with any provision of uny document rcfoncd to in this scc1ior1 shall be limited to record and accounts conoemin~ transactions which arc subjcc.1 to paym nts <lirectly pursuant to this section.


100

72904001 CIVIC LIGHT OPERA ASSOCIATION CBA

AFMEPF0795

ARTICLE 6: PENSION

A CLO agrees to make pension contributions to the American Federation of Musicians' and Employers' Pension Fund (AFM-EPF) on behaK of Musicians If employs within the Jurisdiction of Local 60-471, AFM. The Pension contributions will be at the rates set forth in Schedule A, attached to this agreement, and Incorporated by this reference. Contributions will be based on the wages set forth In Schedule A including doubling, Concertmaster, First Trumpet and librarian premiums, on stage appearance. premiums and overtime. Cartage is not included.

CLO specifically acknowledges the terms of the AFM-EPF Trust, which are incorporated by reference and made a part hereof, and agrees, when employing Musicians covered by this agreement within the Jurisdiction of AFM Local 60-471, to provide reasonable . access to all information that the AFM-EPF may require and to permit the AFM-EPF to conduct an audit of CLO's payroll and wage records (at the expense of the AFM-EPF) to verify the accuracy of the contributions made.

B. The CLO shall submit pension payments, along with AFM-EPF approved remittance forms, to the AFM local 60-471. The money so contributed shall be mailed to the Union's Secretary-Treasurer in such a manner so as to be received as soon as possible after the engagement but not later than the fifteenth (15") day of the calendar month following the month in which the deductions are made.


101

72904002 CIVIC LIGHT OPERA ASSOCIATION CBA REHAB 2

AFMEPF0796

ARTICLE 6: PENSION

A. CLO agrees to make pension contributions to the American Federation of Musicians' and Employers' Pension Fund (AFM-EPF) on behalf of Musicians if employs within the Jurisdiction of Local 60-471, AFM. The Pension contributions will be at the rates set forth in Schedule A, attached to this agreement, and incorporated by this reference. Contributions will be based on the wages set forth in Schedule A including doubling, Concertmaster, First Trumpet and Librarian premiums, on stage appearance, premiums and overtime. Cartage is not included.

CLO specifically acknowledges the tenns of the AFM-EPF Trust, which are incorporated by reference and made a part hereof, and agrees, when employing Musicians covered by this agreement within the Jurisdiction of AFM Local 60-471 , to provide reasonable access to all infonnation that the AFM-EPF may require and to pem,it the AFM-EPF to conduct an audit of CLO's payroll and wage records (at the expense of the AFM-EPF) to verify the accuracy of the contributions made.

B. The CLO shall submit pension payments, along with AFM-EPF approved remittance fonns, to the AFM Local 60-471. The money so contributed shall be mailed to the Union's Secretary-Treasurer in such a manner so as to be received as soon as possible after the engagement but not later than the fifteenth (15th

) day of the calendar month following the month in which the deductions are made.


102

714802002 CLACKAMAS REPERTORY THEATRE CBA REHAB 2

AFMEPF0797

G. Pension Contributions In addition to the compensation provided in this Artide, starting in the 2021 season, the Employer shaft make pension contributions to the American Federation of Musicians' and Employers· Pension Fund (AFM-EP) on behaH of all musicians covered by this Agreement in an amount equal to 4.796% of scale wages. indusive of aJI amounts required by the Fund's Rehabilttation Plan. The Fund wil not consider 9.09% of lllese contribution payments when

calculating future benefits. To give effect to such cootributions, the Employer hereby accepts the terms of Ille Trust Indenture of the AFM-EP Fund dated October 2, 1959. and as it may be amended from time to time. All contributions to lhe Fl.fld shall be made by check payable to Ille •American Federation of Musicians and Employers' Pension Fl.lld." AB such checks shall be transmitted to Local 99 for forwarding to the Fund. The Employer may authorize a payroll company or other third party to remit contributions to the Fund on its behalf, provided that the Fund is furnished with a wrttten acknowledgement by the Employer Iha! the payron company or other third party aulhorized to act as the Employer's agent in making contributions to the Fund. The Employer expressly agrees, however, that the authorization of a payroll oompany or other third party to remit contributions on its behalf does not relieve the Employer of any obligation under this Agreement or the Plan Documents.


103

958101002 CLEVELAND CHAMBER SYMPHONY CBA REHAB 2

AFMEPF0798

REHEARSALS: $34.17 per hour {principals) $33.15 per hour (section players) plus 16% to the Union. CCS will contribute 9.592% of scale wages, inclusive of all amounts required by the Fund's Rehabilitation Plan. The Fund will not consider 9.09% of these contributions payments when calculating future benefits.

PERFORMANCES: $119.34 per performance (principals) / $113.22 per performance (section players) plus 16% to the Union. CCS will contribute 9.592% of scale wages, inclusive of all amounts required by the Fund's Rehabilitation Plan. The Fund will not consider 9.09% of these contributions payments when calculating future benefits.

RECORDING SESSIONS: $55.00 per hour {principal) $53.00 (section) plus 15% to the Union. CCS will contribute 11.99% of scale wages, inclusive of all amounts required by the Fund's Rehabilltation Plan. The Fund will not consider 9.09% of these contributions payments when calculating future benefits.


104

77297001 CLEVELAND PLAY HOUSE CBA

AFMEPF0799

17. Payroll CPH shaH pay the MUSlclans tflrough Its regular payroll. CPtt shall pay the Musicians no later than the foOowtng Thursday for the previous week's service. CPH shaU withho4d all federal and state income taxes and social security. CPH shall pay tlmely to the appropriate government.al agencies au income tax and social security payments, unemployment, workers' compensation and related fees.

In oddftion to the grms comJ)t:1Thdllun under tfllS agreement, CPH shall pay at its sole expense a sum equal 8% of the gross compensation dlrectJy to the AFM-EP FtXKI for the rirst year, 9% for the second year and 10% for ttle third year. No other obQgation of any kind wllt be owed by the Cleveland Ptay Hoose to the MUSidans, to Local 4, AFM, or the AFM-EP Fund.

CPH shall make this payment no less than one tfme per monttl. CPH shall execute all necessary documents to qualify as a pension emp!Oyer,

CPH shaU deduct from gross compensation the rurren prevamng union work dues (2%) as a per cent of gross compensation. CPH shall deduct the uruon work does weekly and stiarJ pay the union W0f1c dues to Loca, 4 no less than one time per month.

Upon written receipt of authorization, CPH agrees to deduct from gross compensation the prevaUlog LocaJ 4 membership dues for the period of employment.


105

79313001 COLUMBUS SYMPHONY ORCHESTRA GA CBA

AFMEPF0800

XI, PENSION CONTRIBUTIONS A. Managaneot agrees to m,kc pension contributiOJ1$ to the American Federation of

Musicians' and Employers' Pension Fund ("AFM-BPF? on behalf of each Musician., employed by Mana,ement wlthln the jurisdiction of AFM Local 148-462 at tho pcrceotage set forth in this Agreement. Acoordingly, Mwsement agrees to be bound by and hereby accepts the terms and coodltions of the ~t and Decl~tlon of Trust, dated October 2, 1959, establishing the AFM-BPP (and all pJans, rules and policies hereunder), as amended. or as may be amended from time to time (the "Trust", collectively).

B. Effoctive July l, 2010 t'Effective Date"), Employer will contribute to the American Federatioo of Musicians and Employers' Pension Fund (the "AFM-BPF"} in accordance with the contn'bution schedule of the nhabllitation plan adopted by the Board of Trustee., of the Fund on Aprll 15, 2010 (the "2010 Rehabilitation Planj, which Is incorporaled herein by reference. Specifically, the Employer's contribution rate will be as follows:

C. Management will forward pension paym~, along with AFM-EPF approved remHtance forms, through AFM Local 148-462 at the same time u all other payroll. Management shall issui a separate check made payable to APM-EPF for the total amount of pwion for each engagement.

D. Any audit of Management's records perfonned in aooordanco with any provbion of any document ref crr«l to in this ,~on shall be limited to records and aocowm concerning ttwacdons which m subject to payments directly pursuant to this section.

a Pension Rates: Management agrees to make APM-EPP pension oontributions on behalf of each employed MU$ician in the following percenta~ of entire negotiated minimum scale, including doubling and overtime if applicable. Manapncnt shall make no pensioo contribution for any expense reimbursement{s) to a Musician including travel, pcrdimi, or cartage.

• Effective on 7/1/2018, the Employm contribution rate will be as follows:

Pension 6~•


106

76597001 COMMUNITY MUSIC INC CBA

AFMEPF0801

2 PENSION

Inc employer adopt the Atnl!ncan Fcdcrnllon of Musicians and Employer\' Pcn.~ion Fund Rehabilitation Plan adopted by the 8-0ard of J'rustccs of 1ho Fund oo Apnl 15, 2010, including nll conrributton scl1cdules, wb1ch 11 aoroFpQratcd here by rcforencc. Sp«ifitally, Lhc employer's contnlnmon ,h.,11 ~

For all engagemt:nL~ on orafttr April 1 • .2011 , an amount cquiv11lcnl Lo 10.9o/, of each employee's wage as defined in Artic le 2 of thi'! Agreement (which shall be

consadc:rcd to be scale wages} 10 the Amcnc~n 1-cderation of Mus1c11w and F.mployers' rensfon Fund.

Checks 10 b( mo.de payable to the MM & f P Fund shall be st.'fll lo Local 1000 along with a remittance form identifying for each cimploycc for whom a cootributiou is made:, the musicW1 •, name, liOC1aJ sccunty number, date(s) of cugaacmcot for which pe0s1on ,s paid. ~e wage 011 which pension ,s paid BJld the amoun1 of pension

'lbc chcc~ and rommanct 111fcmnutton sluill be transmmcd lo Loc.iJ JOOO AFM for foiwanbng to lhc Fund wfthin 30 dt)S foUowinM the rendering of servkes for which such contnbuhon arc payable If the employer is uruncorporatcd, no comributions will be pajd oo lk:half of any owner nr part-owner of the Employer

'The 1-.mploycr agrce510 be bouml by lbc Agreement 11nd Dccb1riumn or'frust es~bli bing The American Federation of Mu icians and Employers' Pcnsioo Fuod, as it may be omcndcd from time h> hl'tl4', wlurh i, mcorpo111.tcd by rdcrcut"C 1111411h1

Agr«mcnt


107

714124002 CONACO LLC CONAN OBRIEN SHOW CBA PART 2 REHAB 2

AFMEPF0802

""''"'"'"'•

2. Eff ~tive from May I, 2018 until February 1, 2019, Inclusive, Conaco wlll oontrlbute an amount oslablishcd by lhe AFMEP Rehabllltallon Plan equal to eleven percent (1 l %) of all earnings of whatever nature under the agrtcmen~ computed at scale. Hff ecHve from Fdlruary 2, 2019 until December 3 L 20191 inclush'e Conaco wlll contribute an amount establighe<I by the AFMEP Rehabilitation Plan equal lo m~lve-nnd-ooc,t~th l)CfCCnt {12.1%) of all earnings of whatever nature un~r the agr«men~ computed at scale,


108

716355002 CONACO LLC CONAN OBRIEN SHOW CBA REHAB 2

AFMEPF0803

2. Canaoo wm ooolribu~ an amauni Cflabliabcd by !ho Al'Mll:P Rehabilitation Plan tqMI to twelvo,ond-ono-tcalll pe,cc,at (12.1") of ell eamlnp of wbatevor rwu~ Ulldcr d,e agncrm,,ut, oomplilcd U IC&lc.


109

72780001 CONCERT ARTISTS OF BALTIMORE CBA

AFMEPF0804

l'E • rn

Tl,,. tmpl1•\t.·r--.ig11it11\ Lhb ag11.~ •tn,~t ('11\gr nn1, nl' ) h t\'ln ~ rl~}r •,1d 1t1 lwwnie c1

p,11 l\' 1(1 ihl! J\~t'l't•n,cnl ,m1.l [) 'Clilri\114111 \ 1 1111 ,l I' t.,ltfo,lllnf\ lh\·. \mi.:riLJn l•l1derat11 ►n 11t

~1u~loi.1ns and I mpll)\'t•r~ r\ nt.1t111 hind IU" II mJ\ hL· ,.11nend1·d 1rom hm1• t11 HnwJ wlm:ti , .. mwrpl1rt1ll'\I b, rvfd• ·n, t' 111l l, l111~ At'/L1.•mcnt .,JMJI m~k,.i J\!nsi,m ·11nl t1h11lH111, 111 tlw r\merrr.~n r 1d1t,1111111111 ~Ill lt'lilflS an,I E01rl11,•1:r .. 11 ·n'lflll I un~l ,th I ('LuiJ" ,11l hdti1II nt, ,,, I 11u~ic1,1n,, l1 t\11• ~J b, thl~ A~71!t:•tnr nl 111 ,m, u11H111 ~ 111,,11{1 - ,q5,,, 111 Sull\.1

,, ;igl' (111d1Jt,i"11 ,,t ,1ll ur111,u11ts JL1.lLIH1:1I b) lh1• l 1mtl'ti 1,t•htJll ht11l11,n PJ:in\ ei n1:d from th l'n,rlu\~1 m h\11,l'illllh \l,ltl''tl1ll<1rtl b 111, 1 ilOJ JH11nnl,11n•~-.1tl 1hl'IL1J'll\SJt1J

r111,J1t1111t'i nl thi J\~l'i.:L'm~nt.


110

716830002 CONCORDIA UNIVERSITY IRVINE CBA REHAB 2

AFMEPF0805

'111 ILU. \ UJ: AfM i'El'ISION

111< UmWllUI) <WI 11< ~ b) lht ..,,,,_ -4 btrlrm#r of lh,,a fRIM ..... ""' - F,_ II( .\A,_, ""4 c..,,loyw•' ,._ F- ~ .. • Im bom and auy bt lllllMINII, ..- 11 ~ hma b) ~ • °"""'"" bu, WI &U; and~,._ -'-1aft kdorol-ol U,otd.- ad£ I 'flJHJ" ,,,__ Fw ................. Pita ~ by w a-d of ,._ of dlit fund on Ap1I u. 1010 onJ all) upilll<S ·f<'Olloctr-.1) !ht "fldatah..,_ P....-,, -=l..,J"'! •II ,_..,._ ,d,od .......... ,. ..,_,.,...s llffce by ,ob.,__ !,peafln41),lbt Ullftcnay•, ~-bt ll..1% ol!lak ~ops; tlus lUIIOOIII •lll bt tmila:t to ... U.-., b) "'IWllt chocl po)1tble .. AJ.!.1-El'f', by., •~ <IQ) or th< mMlh foll""'"'! dlit - ,.n •- th< """""""'' _,, pboi:L 'noo hftl "'1ll ... .-9.09!6 ol theoe-1"')-,.i,,,. mla!4«:ae fialft baoefin.


111

958325002 CONCORDIA UNIVERSITY IRVINE CBA REHAB 2

AFMEPF0806

ARTICLE \'Ill: AFM PENSION

The Umvers1ty shall be bound by the Agreement and Declarat1011 of Trust £s1ablw1mg the AmencQ/1 Fetkra/1011 of .'.1us1c1ans ami Employers' Pension Fw1d (as 11 has been and may be amended), wtuch ts mcorporated herem by reference as though set forth m full; and adopts the Amen can FederatJon of Mus,aans and Employers' Pension Fund Rehob1/ttm1on Pion adopted by the Board ofTrustees of the Fund on April 15, 2010 and any updates thereto (collectl\'ely the -Rchab1hm.t1on Plan~). mcluchng all contnbutJon schedules, which 1s incorporated hcre by reference. Spcc1ficaJly, the University's contnbutJon shall be 12. I% of Scale Wages; this amount uill be forwarded to the Union, by separate check payable to AFM-EPF, by the 15th day of the month following the month in which the performance takes pince. The Fund \\ill not consider 9.09% of these contribution payments when calculatmg future benefits.


112

79554001 COUNTY OF MIDDLESEX CBA

AFMEPF0807

A. On bchal.f' of each musi<:an covcn,d under this Agrccmc:nt, the En:lployer shall com:n1iute lO the American Federali011 of Musiciatts' Pension Fund (AFM•EPF) 1n addiliooal am.oucir that shall bc: cqusl lo cigh.t (8%) pcrccm of all wages ea.med under thi.s Agreerneol for the bmnce of chis Agreement. Each payment shall bc: accolllJlanicd by the appropriate pecSOWlel or AFM B Report Form, serling forth for ~ musician on behalf of whom pension is being paid, the musician's name, Social Security number, date (or momh) of service(s) for which pension is being paid, and the amount of pensioo oontnl,uted. All contributions to the AFM-EPF shall be pa.id no latc.r th8l1 the eod of the mon.ih following tbe month in which the ser.iices DOCW:Jed, md shall bc: fumisbed IO the admini~ of such f\Jllli at I place desipaiecl by the Unioo.

B. J3,sed UJlOCl rhe March l, 2010 AmaiCIIJ) Fedemion of M~ & Employers' Pension Fund docummlt cmtitlcd.: "Board of Trusta:s Decision ao. E-lcrnmr, of an Expeded .Rehabiliwion Pim", pumwrt lO the Pension Proteclioo Act of 2006, rhe County may be leplly required to add to its 8% pension <:OCIID'bution. to the Fund as is provided fur in. thi.s Agi-ccrneol, • swctwge adjlD1mc:Ot of .4% for I IOW coam"bunoa of 8.4" £n,m the .. Surc:hiuge EB'cdivc Dillle" (yet to be set. but lhc County will be notified of this date by the F1111d. IUIIVor union once It is detm:wDcd) tluough March 31, 2011, and~~ by .9% oa 8% ta 8.9% dfective April I, 2011 and thereafter. The County agrees In implement surcharge a4jllS1mcnts if and wh.eri it is notifl.ed by lhe FUDd that the Board of T Mtees of the Fuod have appro,·ed and tdopted these adjustroeois, !ubject to the County's review of ti.ual details of lhc: rclabtlitation plan ihat have yet to be: C$1abli~ and as may require fill1hei- 11pprov-> by the Counl)' in regard lO any other obligations that the FUDd or its Boud may seek 10 impose on the Coumy as III employer 1,oder the Pltn or as m.-y Olbeswi.se be required wider lhe law. All righlS tre ~'ed by lbe County ui this rcg:azd. Tbe Counly does not tgree lO undcrtlkc any other obliplions pw,111111 10 this agittment other than as ha, been set forth abOvc. See Appendix B ("'FOffll A") attached h=10, iru:orpora.ted herein aod made a part of this Collcctivdy Negotil1Cd A~nt.


113

711954002 CURRAN THEATRE PRODUCTION OF DEAR EVAN HANSEN CBA REHAB 2

AFMEPF0808

j. Pension Conlnbutiona: Employer agrees to pay an amount equal to 14% of all wages paid lo each musician to the Arnerica-n Federation of Musicians and Employers Pension Fund (AFMEPF). A check in the proper amount stian ba made payable to AFM--EPF and shall be mailed each pay period to the Union v,.th a copy of the payroll \~Id\ Includes names1 Social SeaJrtty oombers, wages and penslon amoura for eact, musician.

Effective April 1, 2011 retrectlve Date"}, Employer shal oontnbute lo the American Federation of Musicians and Employers' Pension Fund (the ~Fundj In accordance "Mth the cootri>utlon schedule the rehabilitation plan adopted by the Board of Trustees of the Fund on April 15, 201 O (the "2010 Rehab.litation P1an"), which is inooqx>reted herein by reference. Speclfically, the Employe(s contribution rate wil ·ncrease as follows;

Effective on the EffectNe Date, the Employe(s et1ntributiotl rate wlB be 15.26%.

The rates set forth In this Supplemental Agreement will be dJscontinued immediately and will revert to the rates set forth - 14% (the "Non-&.wlemental As,eement Rates") when both of the following events have oecurrad:

(I) rates higher than the Non-Supplemental Agreement Rates are no longer required by the rehablhtatlon plan of the American Federation of Musicians and Employers' Pension Fund, and

(Ii) The American Fedcrafion ci Musicians and Employers' Pension Fund repeals In rtAI Its procedure that provldas that an employer and cohctive bargaining agreement Is not acceptable to the Board of Trustees of suoh Fund in the event of a reci.lotion ln the rate of contnl>utiOos.

k. TI~lness of Payments: Musicians sf'lall be paid by the fourth day following the end of each week wortced for all services performed di.ling that wee«, Wages paid after said day shal be $Ubject to a 5% penalty for each 15 day period that the payment is late, to be paid conCUfl'entfy.


114

74098001 DALLAS OPERA CBA

AFMEPF0809

6.3 J'cn,jon lkncijts.

6.3. I The l'mplo~cr signing 1his o~l'{'Clllmt ("Agr.:cmcnt"t hnving ogrc:cd 10 bcco1ne o 1x1rt) w 1111.' f\grcl!mcm and Declaration or TnL~I Establishing the Amcricun Ft~lcru1ion of Musician, and Employers" Pension Fund (as it mn) he amended from lime 10 lime) which is incorporated by rcfcrcnc, ln10 this Al!.rccmcnl . :,;;hall make pt!m,ion comributitlllS 10 the American fcdcr.nion or Musicinn, and EmplO)Cr , · Pension fur.d (the "Fund"! on hd1,,1r or each c,nplo)eC co,wcd b) 1his Agrccmcm in nn amount <:<11u1l l0 thl? IOllowing sprcilied 1>erccntagc: (or perccntngcs) or ~ulc wages cnr11t•d from 1he Employer. d'fcctivt as of the date (or du1cs) sci forth hchm and in !H:c:ordmu::c "ith HH! tE!nns and conditi<ln.s described herein.

6J.2 EIToc1i,c June I. 2012. the Employer shull con1rib11le 10 1he American 1:edcration of Musician sand Einpklycn." l>cnsion Fund (thl! ··rund .. ) in occc,rdancc wi1h lht: cunirih111inn schL'tlulc 1hc rchilhililution plan udOJlll?d b) 1hc Bo,,rd or Trusices of the Fund on April 15. 2(Jl0 (the "2010 Rchubili1.11io11 J>lnn·l which is incorporotcd herein b)· reforcncc. Sp<<ilicall) . tht emplo)e( s co11111bu1io11 rate will i11ercasc us folio"~ inclu,i\'e of r<hobili1mio11 pion:

201~-~QIZ ~~IZ-~QIB ~!! I H-~Q I 9 ,l0!9-,lO,lQ

Pension Con1ri t"iu1ion R;;11e I 6% 6.5% 6.75% 7%

6,3.3 !'he Employer shull make paymcn1, IJ1 1hc Fund in such form und foshion and ul such tinw, r,s 1hc Fund Trus1cc shflll deem llpprnpriatc.


115

74098002 DALLAS OPERA CBA REHAB 2

AFMEPF0810

6.3 Pension Benefits.

6.3. I Inc employer signing this agreement ("'Agreement .. >. having ag-rced to hccomc a part) to the .\grcemc-nt and Declaration of Trust Establishing the American Federation or Musicians and t.mploycrs· Pension Fund (as it ma) be amended from time to timl.') ,Ahich is incorporated by reference inio this Agreement . shall make pension contributions to the American Fed..:!nHion of Musicians and f-mplo)cr s· Pension Fund (the .. Fund .. ) on behalf of each ernplo)ee co,·crt."'<.I b) Lhis Agreement in :m amount equal to the follov,ing specified percentage (or percentages) of scale 'A ages eamed from the [mplo) c-r. elTecth e as of the date ( or dates) set forth bck>\\ and in accordance with the tem1s and conditions described herein.

6.3.2 Etlecth·e .lune I. :!012. the EmplO)Cr shall comribu1c 10 the American Fedcrnlion of MU!>icion !> and Emplo~t:rs' Pension Fund (the --fund .. ) in accordance with the ccmtribution schedule the rehabilitation plan adopted h} the Board of frustees of the Fund on April 15. ::?O IO (the ··20 I 0 Rehabilitat ion Plan .. 1. "hich is incorporated herein b) reference. Speci fically. the cmplo)er's contribution rate will increase a,; follO\\S

inclusive of rchabihLation plan :

I 2016<:?017 :?0 17-2018 2018-2019 l 2019-2020

Pension Contribution Rate 6% I 6.5% I 6.75% I 7% -6.3.3 The Emplo~·er shall male pa) rnents to the Fund in such form and fashion

and at such times as the rund Trustee shall deem appropriate.


116

American Federation of Musicians and Employer's Pension Fund - Exhibit Section 7.07

Group # PDF # Item # Agr ID Agreement Name

1 1 96 949000001 DALLAS SUMMER MUSICALS CBA

AFMEPF0811

5.2 Emp~yee pension Funds.

The employer shall conlribule an amount equal to twelve percent (12%) of all eamings of persons covered by this Agreemen~ computed at scale, to the American Federation of Musicians' and Employers' Pension Fund, created pursuant to Trust lndenlure, dated October 2, 1959.

5,2A The Employer shall make such payments and submit reports to such places and in such form as lhe Fund Trustee shall des~nate,

5.2B Employer payments lo the AFM-EP Fund shall be made simuttaneously with wage payments to the musicians for services perlormed hereunder.


117

959738002 DALLAS SUMMER MUSICALS CBA REHAB 2

AFMEPF0812

5.2 Employee Pension Funds.

The employer shall contribute an amount equal to twelve percent (12%) of all earnings of persons covered by this Agreement, computed at scale, to the American Federation of Musicians' and Employers' Pension Fund, created pursuant to Trust Indenture, dated October 2, 1959.

5.2A The Employer shall make such payments and submit reports to such places and in such form as the Fund Trustee shall designate.

5.2B Employer payments to the AFM-EP Fund shall be made simultaneously with wage payments to the musicians for services per1ormed hereunder.


118

79255001 DALLAS SYMPHONY ASSOCIATION CBA

AFMEPF0813

10 13.Q. Rel(emenl ood Pensio"\; The Dallas Sympw.;iny Orchestro Rel,emefl.l P1o•, (R01irem-en1 Pi-ol')t -shall conlinue In effect !or 11,e lem-i of lhis Ag,eement. wi!h such changes in lorm ond svbstonce as may be nece-ssory to mee1 lhe ,equi1emenl5 oi the low. 10 conlo1m 'o ine tem'\S of lhis Agreemeni os ormmdad. ond lo ettecruoie Jhe muIuo1 objec1i ... es of the oorti~.

(IJ fr.e terms 01 rrie Reti1emen1 Pio'\ Of& as set fOfth in the pion inshur"'\enu. The p:mcipol provlsiom of !he ~e1ireroenl Plan ore ~umisned p.e,iocficolly 10 ct MU!fcions in accordance with opp:lcob!e ICM·s: fetf!'rence is mode 10 such inlofmOliOn ond to the pJon Ilse!! for oe1oirs concerning eli9ib itify. deflf'llJions of 11:?rmi. ves•ing provisiOl'lS, and the like, A,J! o f me 1e1nu p loc~d within Quotation ino,lcs in lnis Section ho"'e .$.VCh meanings os ore defined m lhe Rell'Ol'?'..Cni Pion.

(2) rne "No«nol Pension- wil b& one♦lhousond, nine-t,und·eo•tweniy dollars f$I 920.001 per colenaor month. 1,e. S2J..0-40-per yeo1 fo, o Musician o, 01 obove N0tmal Rotimment Age 'Mlh ot leo11 :30 veors cf Pension Credil.

!31 11,e Or'f)OU"t o ! •ne Reduced Pensiol"\" will be o monthly omounl eq,uol to sixiy•fo.;r do!!o<s {$6-1.00~ fo1 eoch ft .. 11 yco, ol "Pension Crecfi1 '

(4) The cosl of 1he aciuorio! chorge for lh~ pre--relirement death benefll OM V1fy 1p:e-f'efremen1 rc,inl and svrvivo, onnultv) will be paid by the "Pens'on Fund·' rothe1 !hon by the Musicion.

f5j Relllemcnl Pton Conlr'biJtions will t>e paid ouortetly.


119

952560001 DALLAS THEATRE CENTER CBA

AFMEPF0814

\A,llf\,IU.:,JUII U l \fl"\i, 11111,A! '-'"4• '"-".,_J ,.,w, , v 11,""'••wv 1 . 5 2. Employee Pension Fu□ds.

Effective September 1, 2015 the Employer shall contribute to the American Federation of Musicians and Ernp1oyers Pension Fund (AFM-EP Fund), created pursuant to Trust Indenture, dated October 2. 1959 Specijically, the employer's conttibutJon rates, Inclusive of the Rehabilrtation Plan adopted by the Board of Trustees of the AFM-EP Fund on April 15, 2010, will be as follows: Effective September 1, 2015 the Employers contribution rate will be s~ percent (6%). Effective September 1, 2016 the Employer's contribution rate wtll be six and one-ha)f percent (6.5%). . Effective September 1, 2017 the Employe(s contribution rate will be seven and one-half percent (7.5%). Effective September 11 2018 the Employer's contnbution rate will be eight pefcent (8%).

5.2.A. The Employer shall make such payme~ts and submit reports to such places and ll'I such form as the F nd T n.stea shall designate.

5.2 B. Employer payments to the AFM EP Fund shall be rnade simultaneously with wage payments to the musicians for services

· performed hereunder


120

959322002 DALLAS THEATRE CENTER CBA REHAB 2

AFMEPF0815

5.2. Employee Pension Funds. Effective September 1, 2015 the Employer shall contribute to the American Federation of Musicians and Employers Pension Fund (AFM-EP Fund), created pursuant to Trust Indenture, dated October 2, 1959 Specifically, the Employer's contribution rates, inclusive of the Rehabilitatiop Plan adopted by the Board of Trustees of the AFM-EP Funcl on April 15, 2010, will be as follows: · Effectlve September 1, 2015 the Employer's contribution rate will be si~ percent (6%). · Effective September 1, 2016 the Employer's contribution rate will be six and one-half percent (6.5%). _ Effective September 1, 2017 the Employer's contnbution rate will be seven ·and one-half percent (7.5%}. Effective September 1, 2018. the Employer's contribution rate will be eight percent {8%). .

5.2.A. The Employer shall make such payments and submit reports to such places and in such form as the Fund Trustee shall designate.

5.2.B. Employer payments to the AFM-EP Fund shall be made simultaneously with wage payments to the musicians for services

· performed hereunder.


121

75879001 DAYTON PHILHARMONIC ORCHESTRA CBA

AFMEPF0816

G. On behJJf of each Ccrntracted Musu:um c:mplo\·ed under thLS Agr«men~ thr , mphon hJII contnbuk to the American Federation of Mus1c1ans and l:mplon:rs' pension F uoo (AfM-[PJ) an addit1onal amount equ:u to 5.°'~ of all W'Jees c:ar~d under this Agr«ment.

uch pa,ment sh.lit be uccompamN! b, the appropriate personnel and/or AFM B report form, setting forth for ec1 h mus1c1un on hthalf of whom jl(ns1on 1s b(m 1 paid, lhr mus1cion1s name, socml secunt, numbrr, date (or month) of rr, 1ctjs) for \\h1ch ptn.~1on 1s bem 1 p.ud, and the umount of pension contnbuted. A COP}' of this report sh.ill be sent ( s1mullancousl ) to the Union. All contnbut1orn. shall be p;11d no lakr than the last day of the month follo,Hng thr month m \\h1ch the wuL?cS on which the pension lmb1l1t is ba ed \\err paid. As a contnbutin rmplo ·er to thr AF M- LPF. the • ymphony a rrcs to compl with nnd be leL?ally bound by the terms and cond1llons of Lhr A 1retmenl und Drclaratmn of Trust cstabhshm I thr American rederll11on of Musicians anu rmplo,ers' Pcn\1on Fuoo ( ec [xh1b11 II). WoL?es shall include aJI waees contJJmed on the mu~1cu1n's \\ -2-fonn. \\ a •es shall oot incltxle tra\'d and cartu 1e.


122

72971001 DELAWARE SYMPHONY ASSOCIATION CBA

AFMEPF0817

,,.18.1. ThcAssodntlon ahall con111butc to the Amrric~h Pr:de1·1tio11 ul Mmic• n ~nd F.mployrr Pe11sw11 Fund (11A~ i EPJ-'11

) ull amuunt tqual lo eight point one lt!\'cll five pcW!t\l (8,115%) of c-ach ~1uJiciau's groc w.igcs, ~cm wigea'1 Includes di p<'r-~ervir.e p )', pnymtnh for aening as a ~olout, ovcrtunc, doubling, nd other wllgr. , hut uol l!tcludio

ndleagc, per diem, 01 ~i11 l11g •

17.18,2, In the t,•e11t tho l rn,tc-(',s of 1he AFM.EPF Jo not nllow parlldpatio11111 th Fund tlu, to the conlrihution lr.,..l 1redfied herein, ~I its option, th, /usoc1•u011 hRII e11hrr holJ I he fun~ <lue 111 an e c1·ow Rrco"nl uni ii uch tlmf as Ll1c (Ontrib"tion lt.vel Is accept blc to

th T 1·ualcca, or P"Y the equ1yjlcnl innount lo I hr Mn 1r1J1111 u w~~c •


123

959788002 DELAWARE SYMPHONY ASSOCIATION CBA REHAB 2

AFMEPF0818

T7. J 8. t. The Association shall contribute to the American Federation of Musicians and Employers Pension Fund ("AFM- EPF") an amount equal to eight point one seven five percent (8.175%) of each Musician's gross wages. "Gross wagea" includes all per-service pay, payments fo,· serving as a soloist, overtime, doubling, and other wages, but not including mileage, per diem, or cartage.

17.18.2. In the event the Trustees of the AFM-EPF do not allow participation in the Fund due to the contribution level specified herein, at its option, the Association shall either hold the fuJlds due in an escrow account until such Lime as the contribution level is acceptable to the Trustees, or pay the equivalent amount to the Musicians as wages.


124

72554001 DESERT SYMPHONY CBA

AFMEPF0819

J. Pension Contributions: , CAmpany all be bol.Sld b,y the Ageement and Deciarat,on of Trust Establjsh]ng AmerlcatJ Federat.ion of Musicians and Companys' Pension Fund (as s been and may be me ed), vhich is incorporated lhaftlllllirl ~ rer◄~~ as tho set forth in ull. The Comp

rees o abide by Ame · HM'.lli8t'a'l0 of

~ and Employers' Pensk> F re:fla1Jld11ation plan adopted by Board of Trustees of the Fund oo April 15, 2010, _ ltd ,all contri ution schedules, ~lch Is ffV'V'~~t here by reference. The

Co - ny II ma e contnbutions to the AFM-EPF on hatf of.,,...,..,... 1uslcian it retai in t amoll'lt of 10.9% that Musician's Scale vages:


125

78812001 DETROIT JAZZ FESTIVAL CBA

AFMEPF0820

ARTICLE 4 • PENSiON CONTRIBUTIONS

A. Pe.M.$iOn: The Employer agrees to <:ontJibute an amount equivalent to 10% of each musician's minimum wage scale ("scales wages''). to the AmMcan Federation of Musicians and Employers' Pension Fund (the MFund").

B. All cootnbullON Jo the F1M1d shall be made by Check payable to the "American Federat>O<l ol Musicians and Employen' Pension Fund· All tucl> check(s) shal be accompanied bY the Local 5 rernl!!ance fonn idenufyr,g for each musiclon lor Whom a contribulion II mode, ll>e mu!ii<:ion'o name. sodal seculey runbe<. date(s)of q_,. lorwllich penllon II poid. scale wages on which pension lo J)lid The c:heck(s) and - ""°"'1a6on sllal be trln1mltted 10 local 5 oervices fo, which IUCh ccnlribultoM ""' ptyable. ~ Jh<! Employer II unlncot poc ated. no coobibutions win be paid on behaK or any owner or part owner of Ille Empoye<.

The: Employer agrees to be bound by The Agreement and Declaration of Trus.1 establlsl\lng the Amerioln Federatioo of M"'lcians and Employe(1 Per,llon Fund. •• ft may be amended from time 10 limo. which is iooo<poraled bY re!erence into 1h11 Agreomom.

C EffeclMI ~ 1, 2011,rE- Dato"). Employer ohal - 10 lhe Fund on ......i.mce WICh tho con1ribu1ion - for tho ,_,,_ plan adol)Cod bJ lhe Boald cl Truolees of the Fund on April 15, 2010 (ll1e '2010 Rehabfialion Pliln1, whlcll is incoipo,aled herein bY refe,enoe


126

76614001 DETROIT OPERA HOUSE CBA

AFMEPF0821

3 PENSION: On beha~ of each musician covered under this Agreement the Employer shall oontribtJte to he Amencan Federation of Musicians' and Employers' Pension Fund (AFM· EPF) an addrt1onal amount equal to 13 99% of a I sca,e wages earned under this Agreement. exclliding any additional amounts r egot ated by individual music.ans under personal service contracts wages Each payment shall be accompanied by the appropnate personnel and/or AFM B report form, setting forth for each musician on behalf of whom pension is being paid, the mus,cran's name, social secunty number, date or service{s) for wh·ch pension is bemg paid ario the amount of pension con1'1buted All contribtltlons to the AFM-EPF shall be paid "° later than the lh1rt1eth day or tie month following the month in which services have boan performed As a contnbuting employer to the AFM EPF the Employer agrees to comply with and be legally bound by the terms and condihons or t e Agreement and Declaration of Trust establishing the American Federation of Musicians' and Employers' Pension Fund !-'.ffect1ve September 1, 2010 ("Effeet,ve Date~), Employer will contribute to tho Amencan Federation of Musicians and En players' Pellston Fund (lhe 'Fuod") in accordance with the contribution schedule o the rehabthtation plan adopted by the Board of Trustees of the Fund on Apnl 15, 2010 (the io10 Re abil1 at1on Plan'), which 1$ Incorporated herein by reference.


127

76569001 DETROIT SYMPHONY ORCHESTRA CBA

AFMEPF0822

1. The Corpaat on Shall cootr ute oo a t.weett~ basis to the AFM-E~F Plan an am0\111 @qUal to six ptre@nt (6%) of scale wageg ~ plus 6ftt!n percent (151) of ser101ity pay paid for each m~idan who becam& a menter of the OrchKtta p,io, to September 3, 2007. For any musician ~o became a member of the Ort.hestra ~ or after Septemb@r 3, 2007. the Corporation shall contritMJ on a bf weekly basas lo the AFM~ Pf Plan an amomt !qual to seven percent (7%) of stale wages paid plu$ fifteen percent (15%) of senaorily p~. Men bers of the Orehestra h ed before September 3. 2007 shall con5nue to accrue benefit and vesting s@r\'ice 1n tr\! D&troff Symphony Orchestra, Inc. Muslda~' Retirement Plan. M mbers of the Of dlestra vmo YA!t@ hied oo or afttr September 3, 2007 sna• n~ p~ate in th& Datroil Symphony Ofchestra, Inc., MUSicians' Reilement Plan.

Scale wage 'Shall rd.Jdt al forms of compensation set forth In Artae V of this Contrad (ex~I for serionty paymeris which are addr@ssed separately above) arxt s~l&ave pay. b~ sh~I exdude u~ leaYH of ab~ and long-term ~bU~y.

The C01porat1on agrHs to be botild by the t!rms and cond ons of the ~Mment and lh& Dedaration of Trust estabftstilg The American Fede,aban of Musiaans a~ Employ@rs' Pe,,sion Ft.nd, as amended hom tine to lirM.


128

959394002 DESERT SYMPHONY CBA REHAB 2

AFMEPF0823

K. Pension ContributJons: The Company shatl be bound by the ~reement and Declaration ofTrust Establishing the American Federation of Musicians and Company's Pension Fund {as It has been and may be amended), Which is incorporated herein by reference as though set forth in full. The Employer will contribute 11.99% of scale wages, lndusive of all amounts required by the Fund's Rehabilitation Plan. The Fund wm not consider 9.09% otthese contribution payments v.tien calcuJating Mure benefits.

2019-2020 2020-20·21 2021-2022 11_ggo/4 11 .990/o 11 .990/o


129

78086001 DETROIT SYMPHONY ORCHESTRA FOR FORD MOTOR COMPANY VEHICLES INCIDENTAL RECORDING FOR VARIOUS PROJECT

AFMEPF0824

~, fen ' n uoo ConM~tlon -f m~~er Bire!s to ~un~ ~1f ~e Tru~t looe tur ~~ ed, 18n/~~, monOPD from lline lo 11111 1 ~to'IIOlng for C011trl~utkJl\1 lo IM Af M Ind [mplo~n• P nil on r~11~

1 ,n~ ,

rur r a1ree~ to co t 1ft lo 1ut~ fun~ on oen~lf of I~ niu1rdan~ ef«ije~ D~ toe em~lo~r i~ arr It ~ u;rto t81~ of Wije, ~unea ~ ~~ mu~1,1ani Th'Hon ,1~utlon ,~te ,~11 ~J ~o~me~ ro ,I.Id

tnc tontrioutlons re~ulr~ un~rr re~a~lliUt n ~~n ~ I ~t ~ tne ~oara or f I ! of tn~ tun~ OB

A~til J ~, ~~10, u a tea lun n, 1016, .


130

78086002 DETROIT SYMPHONY ORCHESTRA FORD MOTOR COMPANY VEHICLES INCIDENTAL RECORDING VARIOUS PROJECT REHAB 2

AFMEPF0825

6. Pension Fund Contribution - Employer agrees to be bound by the Trust lnqenturc dated, 10/2/59, as umeoded from time to time, providing for contributions to the AFM a·nd Employers' Pension Fund, and· further agrees to contribute to such fund on behalf of the musicians engaged by the employer an amount. equal to 12.817' of the wages !?arned by said musicians. This contribution rate shall be deemed to Include the contributions required under the rehablfltatlon plan ad9pted by the Board of Trustees of the Fund oo Aprll 15, 2010, as updated June 27., 2016: ·


131

78348001 DIAMOND HEAD THEATRE CBA

AFMEPF0826

VI PEN510 N

6.1 The Et,'lptotet adopts the Arneri/:an Fe-deratietl of MusiQans a nd Emplovers• Pen:sion fon_d rehabHitati.on plan adopted b"f the Boar,d o( Trustees.of the Fund on April 15, 2010~ i'ndUi:lihg all

c:onuibuti.on Wle.dules, which.is incorporated hero bV reference. Specifically, the employer's contribt.flion shalt be 6:54 '6 of each musk i.a:n/employee-'.s wages as defined In.Artie~ IV a nd Arfide. Vo f tliisAgreement twhrch shall be. c:o~de,e.d to be scale wages andpald to the American federation of M!J~icfan.s and Empfo.ve,s' Pension.Fund).-

6.;2 AU contfibutJons to the F\inri.stlaU be mad!? by died payable. to the Af-'M•E·Pf (An;ierican

Federatibll of Musicians and Empto:vers· Pg,nsiOfl Fundl~ASI such checb ~all be accompanied by a remittance form identifying for each musidanf emptovee tor whom i! contri"t:iuH011 iaS-made; the mUSldan/employee.:.s name, sod al sec.urltY number, dalR,(s) taf el"\Pgement for wnlch pension ls paid, s·cafe. wages on Whkh pe_nsion is Pali'd and the amount ot pms;oo. The chedt: aod tt'rnittanO!' lnformation st)all be. tn~itred to lh.e Assocfation for forwa;di.Qg to the F'\.lod 'with.in lhifl\' (30} days,tollowlng,the rendefinC ot .servTces ,lorwhkh-wdi contribu~ons are pavable. 11 tt\e Emptovl'r

is unincorporated, no rontributions will be paid on behalf of any owner or part owner of the Employer.

6.3 The Employer agrees to be bound bv The Agreement and Oedaration of Trust establishing The American Federation of Musicians and Employer's Pension Fund, as it may be amended from time to time, Which i.s incorporated by reference into this AgreemenL


132

76931001 DINNER THEATER OF INDIANA CBA

AFMEPF0827

7. AFM PENSION

The OOP, elfealw, wl1h 1118 date ol 1111s agreement. wll make a ccntribu1lon

In 1118 following amou,ts 10 1he American Federalion of Musicians and

Employe,s Pension Fund (AFM-EPF) fo, each musldan oovered under 1111s

ag<Nff'NW'lt

2017-2018 2018-2019 2019-2020 202~2021 2021-2022

5.0% of scale wages 5.0% of scale wages 5.0% of scale wages 5.1)% of scale wages 5.0% of scale wages

(Scale Wages lndude all items contained In Section 6)


133

79202001 DISNEY WORLD RESORTS LCL 389 WALT DISNEY PARKS AND RESORTS US INC CBA

AFMEPF0828

Sl:CTION 3. AFNPF CONTRIBU'llONS. (a) EJlee1he JIAy • · 1993. lhe C""-'Y agrees to mau penskll> ccnribuUons to..,. Ametlcan

Federation ot Musk::ians· and emi:,oyel'S' PensiOn Fund r AFM-EPF") on bel\alf 01 Musicial't$ ii $lat.us~ in this barga.i'ling unit, pays wages repocted on a W-2, and employs undet lhis Agreement. at 11',e

percentages se1 for1h In- 33. A<.awdiiyy, the Company agrees to be bound by and hereby a«>epts lhe terms ..s c:ond•lon• "'Ille JlGreement ..s 0ecle1111on"' lhe Tru11. - OCI- 2. 1959, Ollllllll1Nrcl lhO AFM.a>f (Ind all plans. "'"'· and polldes lheteun<IM). U wnended, O< U may be

ameooed from time to time (lhe ~,us1: oollectiwly). Tr..is. I.he company $peciflcally ad(no'MMges the l&tms of the AFM•EPF Tl'USL which are i~tporated by refetet1ce and made a pan hereof atid agrees, v«-.en employing Musicians statused i'I this barga.-iing unit. paid wages t epor1ed on a W-2. atid oov«ed by this Agreement to provide ma.sonable access 10 all lnfotmation that the AFM-EP.F may require, and 10 petrnit the AFM-EPF to conduct an audit of the Company's payroll and wage reCOl'ds (at the AFM-EPF's. expeMes) to vel"ify the accll'aey of the oonll'iblAions made.

(b) COntributiOns made to the AFM-EPF Trusl shall be paid o...er to the AFM-EPF Trust through the Union's financial otricer befOl'e the 15th day of the calendar month r010Wing the month in ....tiid'l lhe con1ri:lutions are made.

(c) The parties agree lhat pension oonttlbutiOnS Shall only be made by the COl"l'lpany oo behalf Of Musicians statused to this bargaining unit. paid wages reported on a W-2, and covefed by this Agte:emenl No pensiOn oonttibutions or benefit$ under this Agreemen1 shall be owed or paid by the Company to or on behalf of Musicians on TA. Musiciam not s1atused 10 this unil whO sub as Musicians, ot any otnet group not specif.cally covered by lhtS Agrffm&nt. Musicians 001 statuSed to tt.s urit whO a,e con1,acted 10 work undei' a TA Shall be compensated a,s se1 rortn in Artide 25. S-ee1i0n 6(c).


134

710499001 DISNEYLAND RESORT LCL 7 DIVISION OF WALT DISNEY PARKS AND RESORTS US CBA

AFMEPF0829

PENSION

A. The Employer agrees to be a party lo the Agreement and Declnration of Trust establishing the American Federation of Musicfons aod Employers' Pcnsfon Fund (as it may be amended from time to time) which is incorporated by reference into this A&reement, and to make 1,ension contributions to the American Federation of Musicians' and Employers• Pensjon F'lu,d (AFM/EPF) on behalf of all eligible employees. at lhe pereeni.ges(s} :;e1 fMh in paragraph C., below, effective as of the datc(s) set forth below, tmd in acoorda1)ce with the terms aod conditions described herein.

8. Bligible employees shall be defined as nll employees working under tJle tetms of this Agreement.

C. TI1e Employer agrees to make pension contribution.~ equaJ to thi11eeo (13%) percem of all holU'S v.'Orkcd or paid on a monthly basis for aJI eligible e1nployees. Additionally, lhe B:inployer will contribute lo the AFM/EPF in nw,rdanee with the contribution schedule of the J'ehabilitation plan adopted by lhe Board of Trustees Ol"1he AFM/EPF 011 April 15, 2010 ("Rehabilitation Plan"), which is incor1>0rnted herein by n!forenoe. The J;Jnployer agrees to make pension contribulions equal to a pcrccruagi:: of all hours worked or paid on o monthly basis ror aJI eligible employees. Specifically. the Empluyer•s ccmtributi04l rate will be per the terms oflhe Side Letter of Undc~andio& (Pensjon Contributions and Rehabilitation Plan} dated April 1, 2011.

D. The Empl<)yer shall nm he liable for any pension contributions in excess of tJ.1ose stated in l)Mlgraph c.

E. Cenlribulions made to tl1e AFM-BPF shall be paid lo the AFM-EPF 011 or before lhe 201h day of 1he calendar month following the month in which contributions were camcd.

r:. New einplo)<ees covered under ti.tis Agreement shall not be eligjble 10 cmoll or participate in th.e Employer's Pension Plan., and current employees shall not be eligible to enroll and/or to con1inuc to parlicipote in the Employer's Pension Plan.

O. The following policy shall apply reg&'ding lhe Musieim1s Unioo withdrawal from the OisneylaJld Reso11 and. Associated Companies' Retirement Plan (lhc "Plan") and st1bscqucnt transfer i1110 the AFMIEJ>P.

I. The effec1ive date oflhc iransfer will be July I, 1993. As or this date b<melitaeerual ond vesting credit will cease under the Plan. Employees will generally be 1reated as though rhey are te1mlnated employees with regard to 1hc Plan and their benefit \Viii be based 0111he schedule in effect as of July l , 1993. Employees will fc1II into three c:a1egories: vested employee.'i with a lump sum value over $3,500, vested employees wjth a lump sum value Jess than or equal lo $3,500 and non-vested employees. The three categories will be treated as follows.

2. Vcst<-d Ovc;rSJ.500

Bmployees will continue to be partici_pant.-ci in the Plan with a frozet1 benefit and with uo additional vesting. credit towards pos'?" J~ical or the enhanced early retirement


135

710499002 DISNEYLAND RESORT LCL 7 DIVISION OF WALT DISNEY PARKS AND RESORTS US CBA REHAB 2

AFMEPF0830

Tl~ 1'111tJC> - .. 11y lgrtt IO"""" 111< Kml< ond wndltioo, ., ,he Apnxol ., 11 ,9 pm.. Tl!,1nidat • .SC,,,cmbtt I 6. :roi I. ~ct• to th< nl!l>I ur <l1ho:r p,,t) IO 1,1ml•• Ill,) - • ••~ 1noiw,-.ory ol'~nlb<t 17, t<>lk>'>••I Sep1,"Rlb<1 l i. :!021 upw11bc- si,,.ag ar wnncrt nod:cc ar ttrmm::itm ro l~tt'J' llma uxty(60> Wl')-i. no1 pn.'tt'iba; 11r enrmve UC nf 111th 1c:Tmtl\&1ian

FJTa.,_;n•c Srpacll'i!cr I 7. ~0.."0. la be in mmplimce Wtlb 1M ,\FM..EP-f June 20 It: Upctau,. to lhc Rcbabibuoon Pl:an. the: f mplo)w will or11mrib1ae- I c; ,5s-,... or"i:•lc • ~P, lfldu,,;..e of nll .imrM.l""tt<f''ircd b)-1hc Fund~~ RC'hahllis."ltiM l'llo. Th< Fond ,.,II no, oon,ld<r •> 09''- of ,bes< c00111buho<I poymaus •il<• cakuli1mi fu<11rc bmtfiu


136

713779002 DOMINICAN UNIVERSITY CHORALE CBA REHAB 2

AFMEPF0831

p I 10 E er I c-0 c ! 1 R ~ b oo:rlo~1 n

e~, c o lo~ to pa~ n •al ~ · • I "ru1~ · i in ~e ~r~'4 amoun &de pa,aole t ne Un~ II which lu e;

n eno1on amo la100 nan ~ij


137

716354002 DOMINICAN UNIVERSITY CHORALE CBA REHAB 2

AFMEPF0832

PENSION Effective on 8/1/18. the Employer wm contribute 8.39% (110% of the total pre-Rehab Update contribution rate) of scale wages, inclusive or all amounts required by the Fund's Rehabilitation plan. Employer agrees to pay an amount equal to 8.39% of au wages to the American Federation of Musicians and Employers Pension Fund (AFM-EPF) for each musician employed by Employer. A check in the proper amount shall be made payable to AFM-EPF and shall be mailed to the Union with a copy of the payroll which includes names. Social Security numbers, wages and pension amounts for each musician not later than 30 days from the last service perfonned.


138

958443002 DRURY LANE THEATRE OAKBROOK CBA REHAB 2

AFMEPF0833

EIGHTH; PENSION: The Employer sh.all pay to the AMERICAN FEDERATION ©F MUSICIANS'ANOEMPLOYERS'PENSION FUND (th.e "Fund") an amount equal to Sixteen and 786/1000 percent (16. 786%) in· accordance with the contribution sched ule of the Rehabilitation Plan·sadopted 6y the Soard of Trustees of the Fund . The Fund will not consider 9.09% of the contribution payment when calculating future beAefits.

The Employer shall pay to the Fund the a mount <;alculated on the Employer's gross weekly pay (including rehe-arsals) of each Musician. Such payments shall be forwarded weekly to the Office of the Union during the week following the week for which the payment is made.

The Employer shall file contemporaneously with the aforesaid payment Information relating to the Musicians on whose behalf contribufions are paid Including the Musician's name, social security number, wages and such other inlormation, which the Trustees or !he Fund may reasonably require.

The Employer adopts ana agrees to be bound by all of the terms and conditions of the Trust Agreement creatlng the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION FUND, dated October 2, 1959, as amended from time to time, as fully as lrthe Employer were an original party thereto.

ThE1 Employer hereby ratifies and agrees to be bound by all actions taken and to be taken by the said Board l)f

Trustees pursuant to the Powers granted them by the Trust Agreement.

The Fund shall prov,de pens,on benefits according to the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS'.PENSION FUND PLAN, as amended by resolution dated December 3, 1964. and April 3, 1967, whJch said Amended Pension Plan Is attached nereto ar,d made e part hereof.

In the event the Pension Plan shall be further amended. Bllherln whole or1n part, during the term of this Agl'tlement, the revised Pension Plan shall be deemed to be Incorporated herein as if a part hereof.

NOTE· Pensk>n payments are paid pn the gross weekly wages or each mus!cJs1n inc;fudlng rehearsals.


139

846134002 EAST WEST TOURING CO BOB DYLAN FALL 2019 TOURS CBA REHAB 2

AFMEPF0834

5. PENSION

The Employer agrees to contribute an amount equivalent to 17 .99% of each employee's wages as defined in Article 3 of this Agreement (which shall be considered to be scale wages) to the American Federation of Musicians & Employers' Pension Fund ("AFM-EPF'). All contributions to the Fund shall be made by check payable to the AFM-EPF. All such checks shall be accompanied by a remittance form identifying for each employee for whom a contribution is made, the musician's name, social security number, date(s) of engagement for which pension is paid, scale wages on which pension is paid and the amount of pension. The check and remittance information shall be transmitted to Local 802 for forwarding to the AFM-EPF within ten (10) days following the rendering of services for which such contributions are payable. If the employer is unincorporated, no contributions will be paid on behalf of any owner or part-owner of the Employer. The Employer agrees to be bound by the Agreement and Declaration of Trust establishing the AFM-EPF, as it may be amended from time to time, which is incorporated by reference into this Agreement.


140

846034002 EAST WEST TOURING CO BOB DYLAN SPRING AND SUMMER 2019 TOURS CBA REHAB 2

AFMEPF0835

II II

!1 PEN JON

n1 fo1~lo~cr at~t, 10 con1rlbu1e ~o ~n~Jnl ~uiva!t.1110 llrle~1 ~eMnl 0, ~Wt) of mn ,m~ID)1cc'! ~~~~s as a,fin~ in Anicl~ l or 1~1 A~cr111ehl (w~1cl1 ~1~11 o~ ton!t~rr~ to ~ ¾al wa ) 10 l~t Am tjtan ~-~rn11on of Mutcians & Em~lo}trs' Prnsloo fun~ rAFM·E~f ') All ton1ul1u1ion! 10 l~e fund shJII ~, ma e by c~ttk ra~Me lo 1~ Ar t,EP~, All sucn c~etb ,~all ~, accom~anle~ ~)' a rem:11ant~ faun 1~t, llfylng for (~en emplo}t~ for ~tom a con1ti~u1ion I, m~«~.1~e m~~lc1~n's n me, s~fal muri~ num~r, ~te(s) or engaieii1tn1 fo, w~i ~ ~n~1on is ~~io1 ~eek wagti on \~nkh ~n,~~ i~ ~al~ n~ 1n, mounl ol l)Cn~lon The chccl anu

rcmiuance inronm1ion l~lll be lrdn~milled 10 local 1~1 fOl forwarJini 101~e Af M,r~f wli~ln ltn (I~)~~), followm; l~e rcn~crln~ uf

~ervkei for wM ~ ~11cl1 coolri~ull~i &re ~)'able. If 1~c em~lo~« ~ un1ncC4~ra1e~1 no con1n~uhon! will ~ ~aio on oeMlf of any

O\~nc1 or ~rt.ow1~r of IM ~mplo)tr, The rmplo)~r a~m 10 ~e oo«rt~ ~~ 1~, A~~~mtnt u~ lkclaration of Trust c~ta~li~inJ t~ ArM,crF, ~ 11'111 )' ~ II ~~ rrom lime 10 lime, w~i[~ i, int ~Ot (~~ ~~ rtferent~ lnlo tM~ Awetment


141

955164001 ELGIN SYMPHONY ORCHESTRA CBA

AFMEPF0836

6.7 2.2 Pension: The Employer shall pay to the American Federation of Musicians'

and Employers' Pension rund, in accordance Wlth the contribution schedule of the Rehabilitatton Plan adopted by the Board of Trustees o the Fund on April 15, 2010 (the "201 o Rehabi11tatlon Plan"), wh ch 1s incorporated herein. An amount equal to eleven and rnnoty nine hundredths percent (11 .99%) of the g,oss weekly pay (including vacabon pay) of each Musician. The rate set forth in this Agreement Wlll be discontinued immediately and wm revert to u,e eleven percent (11 %) rate when rates higher than the eleven percent (11%} rate are no longer required by the rehabilitation plan of the Amencan Federation of Musicians and Employer's Pension Fund

Such payments shall be forwarded weekly to the Office of the Union dunng the week rollowing the week for which the payment ls made The Employer shall file contemporaneously with the aforesaid payment information relating to the Musicians on whose bohalf contributions are paid including the Musiaan·s name, social security number, wages and such olhe< Information, which the Trustees of the Fund may reasonably require The Employer adopts and agrees to be bound by all of the terms and condrtions of the Trust Agreement creating the American Federation of Musicians' and Employers' Pension Fund, dated October 2, 1959, as amended from time to bme, as fully as 1f the Employer were an onginal party thereto. The Employer hereby ratrftes and agrees to be bound by all actions taken and to be taken by the said Board of Trustees pursuant to the Powers granted them by the Trus Agreement. The Fund shall provido pension benefrts aCCO(d,ng to the American Federation of Musicians' and Employers' Pension Fund Plan, as amended by resolution dated December 3, 964, and April 3, 1967, which said Amended Pension Plan is attached hereto and made a part hereof. In the even the Pension Plan shall be further amended, either ,n whole or in part, during the term of this Agreement, the revised Pension Plan shall be deemed to be incorporated herein as if a part hefeof,


142

958673002 ELGIN SYMPHONY ORCHESTRA CBA REHAB 2

AFMEPF0837

6 7 2 1 Pension The Employer shall contribute lo the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYtRS' PENSION f UND (the Fund) an amount equal to l hirteen and 189/100 percent (13.189%). The r und will not consider 9.09% of his contnb 1t1on payment when calculating fulu1 enef,ts.

Such payments shall be r orwa ded weekly to the Ott,ce of lhe Union during the week following he wee for which the payment is made The Employor shall file contemporaneously with lhe aforesaid payment information relatmg lo the Musicians on

A

whose behaif contributions are paid including the Musicians oar 1e, social security number, wages and such other mformatton which he Trustees of the Fund may reasonably require 1 he Employer adopts af'd agrees lo be bound by all of the terms and conditions of the rrust Agreement creating the American Federation or Mus,cians' and Employer4,' Pension rund dated October 2 1959, os amended from tune to time, as fully as 1f the F mployer were an original party hereto. The Employer hereby ratifies and agrees to be bound by all actions ta en and to be taken by the said Board or Trustees p rsuant to tt)e Powers granted them by the Trust Agreement The rund sha11 provide pension benefits according to tl1e A-nencan federation of Mus,cia s and Employers' Pension fund Plan as amended by tesolution dated December 3 1964 and April 3, 1967, wnich said Amended Pension Plan 1s attacred hereto and made a part hereof In the event lhe Pens10n Piao shall be fu her amended, either 1n whole or in µart. during the term of this Agreement the revised Pension Plan shall be deemed to be incorporated herein as if a pan hereof


143

73179001 EMMANUEL MUSIC INC CHURCH CANTATAS SERIES CBA

AFMEPF0838

11, ( Jrch,• I l .ttl,f J dnJ 11111 Ill~ I 11011 tin~ ntl un,• 1}1L'

01'1 thL• I l't' Ill 111 I · I 1nnth lo 111111 II

n ml \ u\'C't' I · I rm~ 1e111 11J • n l·M Empl1 ~;tN1

t ml ~

111

,1 1hr I

11110 I ~ U I


144

959371002 EMMANUEL MUSIC INC CHURCH CANTATAS SERIES CBA REHAB 2

AFMEPF0839

D. Pen,lon, AFM-EPF The Employer agrees to be bound by and auepc the cerms and conditions of the Agreement and Declaration of Trust creating the AfM Eruployets Pension Fund (AFM-EPF). The Orchestra further agrees 10 contribute to the AfM-EPf an amount equal to 14.85% of all applicable wages earned by each Musician performing musical services., This amount is inclusive of any payments required by law in the Pen.i;;ion Prot.eetlon Act of 2006 and the f und's 2018 Rehabilitation Plan. The Fund wiU not consider 9.09% of these comribution paymeuts wheo calculatiog future benefits for the Musicians. Pension contributions will be submitted to the Union by one separate cheek, made payable to AFM-EPF by the fifteenth (1 S•) day of the month following the month during which musicaJ services were. performed. The: appropriate fonns for the submission of work dues and pension information will be suppUed by the Union and mus.t accompany the payments.


145

957492001 ENCORE SERIES INC CBA

AFMEPF0840

10. ~sion Provisions. Employer shall pay into the American Fcde~tion of

Musicians Pension Fund (Pension t'und) a swn equivalent to ten percent 10¾) of all con 1ecteJ

I

mu.\lciw' Attachment '◄A" oomperuatlon, excluding cartage, meals. 811d transportaHon A

theck in the proper amount made payable to 11A,F.M. - E.P, Fund11 shall be mailed 10 the Union

with i 1 i st of name! of musicians contncted for the series or concerts along wilh the~ social

~ecurlty numbers, At1Allhment "A" compensation, and pension eanmburion amounts, Payment

of the pension contribution shall be made withlrt tWCJUy-one (21) days from IM date of the last

pctf onnancc of the scric,.


146

714881002 FAMILY THEATER PRODUCTIONS LLC THE HOUSE THAT ROB BUILT INDEPENDENT FESTIVAL FILM AGRMT REHAB 2

AFMEPF0841

K Pen11on Contri~ution: Producc1'a~1'cc lo ~c uoun~ ~y tl10 Trust Indent urn natud,

l 0/l/fit), a~ Rmr.nrle~ from lime to thno, ~tOYl~ln~ forcontrlhutlon~ to ~c AFM and

~mrloyer , l1en~lon f ll llO, nna ru, th~I ugrtOS lo rnntrlnute to Slldl fun~ Oil ~cnalf of ~le

mu~l,ians engaijeo by tt1e t 1ploycr an amount eq al to RB% of tl1e scale wogcs ~arnt~J l1y snl~ musician~, lnclustv of all amounb requlr~d Df l~e funa'~ R~J,auilitation

Pinn. 9.0~% ortlw total contribution amount will not o con~l~el'cd wl1cn c kulatin~ future oenefit paymontN lo U10 ru t,~,


147

75439001 FESTIVAL OF ARTS OF LAGUNA BEACH LCL 7 CBA

AFMEPF0842

E. BENEPIT CONTRIDUTION RATE

AFM/EPF Pension Fund

SECTION IS: PENSION

A. The Bmployer ag1'-CeS to 00 a p3,rty to the Agreement and Declaration of Trust establishing tbe con1ributions to !he American federation of Musicians' and Employees' Ptfl.siou fund (AFM~BP'f) by separate check payable to AFM-EPF, on behalf o f all musici~n, it employs undcc the tcnns of this Agrecmeot. a11he percentages(s) set furtb in $cc ti.on 13. E, cO'Cctive as of the datc(s) sci forth in Section 13.E, :md in accordimce witl, the cemu1 and conditions de:scribod herein.

8 . The Bmptorcr will contribute tu the AFM-EPF in accordance with the contribulion schcclute of the Rehabilitation Plan adopted by the Board of'))ustccs of the Fund on April IS, 2010 (lhe "2010 RehabUitati01) Plan"), which is incorporated herein by reference. The Employer agrees to make pens ion oomrihutiom, equal to a paccntitgc of all SiCa1e wages paid, on a 1n0Ltthly basis, for ca.ch musician it employs under the tenns ofd1is Agreel\letU. Tite Etuplo)'cr's contribution rnte will be as specified in Section l.3.8.

C. The Pcn.,ion Cl'mlributions pro\'ided herein shaH be remitted in monthl)' install.ments ~ch season, to be received by the Union by July 15, August 15 and 15 days after the. final performance of ea<:h Season.

D. These contributions shall be aooompanied by a report, conuiining the name$, Social Security Numbers. dntcs of employment. wa~ and benefits (H&W and AFM-11PF} paid to e:ich Musie-ian. Ahcma(c Musician and Subs.tjtu1c M11sician.


148

959732002 FESTIVAL OF ARTS OF LAGUNA BEACH LCL 7 CBA REHAB 2

AFMEPF0843

A. The Employer agrees to be a party to the Agreement and Declaration of Trust establishing tho contributions to the American Federation of Musicians' and Employers' Pension Fund (AFM-EPF) by separate check payable to AFM-BPF, on bohalf of all musicians it employs under the tenns of this Agreement, at the percentages(s) set forth in Section 13.E, effective as of the datc(s) set forth in Section 13.E, and i11 accordance with the te1ms and conditions described hetein.

B. The Employer will contribute to the AFM-EPF in accordance with the contriblLtioo schedule of the Rehabilitation Plan adopted by the Board of Trustees of the Fund on Ap1·il 15, 2010 ( the "2010 Rehabi litation Plan"), which is incorporated herein by reference. The Employer agrees to make pension contributions equal to a percentage of all scale wages paid, on a monthly basis, for each musician it employs under the terms of this Agreement. The Employer's contribution rate will be as specified in Section 13.E.

C. The Pension Contributions provided herein shall be remitted in monthly installments each season. to be received by the Union by July 15, August 15 and 15 days after the final perfonnance of each Season.


149

715600002 FESTIVAL OPERA PRODUCTIONS AT HOFMANN THEATER OF WALNUT CREEK REGIONAL CENTER FOR THE ARTS CBA REH2

AFMEPF0844

C: Pension: Employ..- agrees to pay an amount equal to 10% of all wages as speclf,ed herein for each year of this Agreement on all payments (including wages, premiJms, doublfng, and overtime) to the American Federation of Musicians and Employers Pension Fund (AFM~EPF) for each musician employed by EmplOyer. A Cheek in the proper amount shall be made payable to AfM-EPF and shall be mailed lo the Union each pay period with a copy of the payroll, Including names, Social Security numbers, wages and pension amounts.

All contributx>ns to the AFM-EPF shall be paid no later U,an 111e last day of the monu, followlng the month in which the last concert of each production took place. AS a contributing employer to the AFMEPF 111e Association agrees to comply with and be legally bound by the tenns and conditions of the Agreement and Declaration of Trust establishing the American Federation of Musicians and Employers! Pension Fund (as It has been and may be amended), which Is incorporated herein by reference as lhough set forth In full.

Effective June 1, 2010, Employer will contribute to tile Amerlcan Federation of Musicians and Employers' Pension Fund (111e "Fund") In accordance with the contrib<Jtion sdledule of the rehabilitation plan adopted by tile Board ofTrusteesoftt,e Fund on April 15, 2010 (the "2010 Rehabllltallon Plan'), which Is Incorporated by reference Into this Supplemental Agreement Spedf,cally, the Emptoyef s conlribuUon rate under lhe CSA will increase as foDows:

Effective June 1. 2010, the Employer's contribution rate will increase from 10% to 10.4%.

E.trectlve on April 1, 2011 , Employer's contribution rate will increase from 10% to 10.9%.

Effective oo September 1, 2019, The employer wiB oontribute 11.99% (110% of total pre Rehab Update contribution rate) or scale wages, inclusive of all amounts required by the Fund's RehabilijaUon plan.


150

713175002 FIRST PRESBYTERIAN CHURCH OF BERKELEY CBA REHAB 2

AFMEPF0845

P N~ON Employr aio to ~ay an amooot equal lo 9 59% of s wages to the Amencan Federation of Musician& aoo Employe Pc~ ~un~ ~ M EPF) for eocli muslala em~oye~ by Em~oyer, Acnett In lhe proper amount shall be made pa~ali to AtM·EPF and &Mil ~e m11~ to tne Union h a co~y of ~e ~~oll wrkh Includes names, Soclci secutrty numbers, wa"9s and ~nslon amoonts for each mus~an not later ~•n ~o da~ from Ol9 ~st a~ perfonned


151

715761002 FIRST PRESBYTERIAN CHURCH OF BERKELEY CBA REHAB 2

AFMEPF0846

PENSION Elf8CIMI on 8/1/18, the Em~ wll contribute 9.59% (110% of 111• total pre-Rehab Upd,olo conlribution rate) of scale wages, inclusive of all amounts required by 111e Fund's Rehabilitation plan, Employer agrees to pay an amount equal to 9.69% of all wages to the American Federation of Musicians an<I Employers Pen-, slon Fund (AFM•EPF) fo< each musician employed by Employ«. A chock In the proper amount sllall be made payable to AFM•EPF and shaD be mailed to 111e Union wi111 a copy of the payroll which inoludos names, Social Security numbers, wages and pension amounts for each mu8ician not later th.an 30 days from the last servtoe performed.


152

959744002 FLINTRIDGE PREPARATORY SCHOOL CBA REHAB 2

AFMEPF0847

N. Ptnsion Contributions: The Employer shall be bound by the Agreement and Declaration of Trusl Establishing the American Federation of Musicians and Employers · Pension Fund (as it has been and may be amended), which is incorporated herein by reference a~ though set forth in full. The Employer shall be bound by the Agreement and Declaration of Trust Establishing the American Federation of Musician.~ and Employers' Pension Fund (a~ it has been and may be amended), which ,s incorporated herein by reference as though set forth in full. The Employer will contribute 14.388% of scale wages, inclusive of all amounts required by the Fund 's Rehabilitation Plan. The Fund will not consider 9.09% of these contribution payments when calculating future benefits.


153

712947001 FLORIDA ORCHESTRA CBA

AFMEPF0848

D. American f'ederauon of Mu:s1cians and Employers· Pension Fund (Af'M-EPF)

I. The Employer shall contnbute the perce.ntages set forth below for the periods indicated of all Musida.ns~ earnings of whatever nature covered under tJ1is Agreement to the American Federation of Musicians and Employers' Pension Fund (AFM-EPF). created pursuant to the Trust Indenture dated October 2, J 959, as heretofore amended, and shall funher submn such reports 1n such form as the Trust·ees of the AFM-E.PF may reasonably require and make its records available for such reasonable audit by the Tnmees ~ they may require.

2. The above-referenced comributions shall be made and remitted quanerly on each inchv1dual Music1an·s behalf based on his/her incbvidual gross earn.in~ under this Agreement, in accordance w1d1 AppendlX A. The Federation and Trustees of the AFM-El'f, or eitheroftJ1em, shall have the nght to enforc-e the provL'iions of this Section. (See An1cle 1.5. and Article VJJ.G.J.)

APPENDIX A

L Ba<i1c Compensation

2018-2019 2019-2020 2020-2021 Orchestra size 67 min.. 80 max. 67 min .• 80 max. 67 mm .• • 80 max. Guaranteed full work weeks 31 31 3 1 Paid Vacauon weeks I I 2 Dark weeks 4 4 3 Total weeks 36 36 36

Guaranteed weeklv salarv $1120 $1145 $ 11 78 Guaranteed annual EM(i $1075 $1099 $ 11 66 Guaranteed annual saJ:uv $36,915 $37,739 $40,040 Pension contnbution 6.54% 6.54% 654¾ Per djem allowances:

Breakfast $12 $12 $ 12 Lunch $17 $17 $17 Dinner $28 $28 $28 ..

l. E.xtra and substitute musicians shall be compensated at the following per service rates:

a. 20 18-2019: $ 140.00 b. 2019-2020: S 143.13 C. 2020-2021 : $147.25

·n:o shall contribute to the AFM-EPF on behalf of e.ach exua and substitute musician in accordance with Article XVI.D.


154

75908001 FORD THEATRE SOCIETY CBA

AFMEPF0849

~ I ffilillON CONTRIBUTION

Tne r.m~lorcr ~~o~I! ano a,t~ lo~ OOUI\U ~r ~11 lern~ ~nd C-OllOilion~ of In~ T ru~(

Agrcen~nl crcaling 1l1e Amerlc~n rcdcrnlion of Musitian~' a~ Bm~lorc1s1

rcn~ion Fu1~,

oalco (x1ooor l1 I ~~~1 as amc™I~ ~n~ ~1~11 ~~Y mlo I~~ fun~ ~n amounl of I ~.~/2 0fll1c

gm~ eamin, of eacl1 em~loyce tmtre~ oy l~is A~recmcrtt Cli«~ for IM! ~Ull)J~ ~~nll oo

mooe ~a~Mc lo l~e 11Al;M & Er f unt ~n~ rcmi~~l lo Inc Uniun monl~ly.


155

75908002 FORD THEATRE SOCIETY CBA REHAB 2

AFMEPF0850

The Metropolitan Washington D.C. Federation o( Musicia1\S, AFM Local 161-?J0 and Ford's TJ1eatre Society hereby agree to extend thetenns of the agrec1ncnt made ou Augnst l4, 201 7 and which exprres on Angus, 31, ;.t020 for one yc:ir U1rough AuJtUsl 3 1, 2021 with the only change in tenus being the adoption of the American Federaticill of Musicians and Employers' Pensio11 Fund 2018 Rehabilitation Plan. With adoption of the pen.siOn rehab plan, the effective pension cootribotion will becorne·l 1.99%. During this limo, all other rules aad financial obligations shall follow the third-year tenn$, or the period Septembc.r I, 20 I 9 through August 31. 2020.


156

75056001 FORT WAYNE PHILHARMONIC CBA

AFMEPF0851

11.0l. ~e~on. lne f I armon c wll oont,lbute to e ~r an federa on of Mu~ an~' an~ lm~~1e1~1 ~~loo f ooa {NM•

~) an amo nt e~ual o ~.~i of all Ka~ wa!e~ on ~nal or ein (ootract Mo clan tove,~ under t~ ~ ~ree~nt. hen

~~men ~al be a((om~an a ~ the a~ro ~ate perronnel ana/or Af M ! ,e~~ form, i ~ fort~ '°' eacn M tijn oo

t«t~f ol om ~enslon k be g ~ , e Mu~klan'~ ~- 1 SOt~I ~cu, r num~r, ~ate (or mon n) of irweM for~ ~

~ on o~n! ~ ~, and tne amount o ~ns n ,ootrlooted, All contr1o~~n~ lo e Af M1~f ~~al be~~ no later~

e end or tne mon~ f ~I~ n1 tne ,oon~ ~ wru,~ tM serv m occutreti.


157

75056002 FORT WAYNE PHILHARMONIC CBA REHAB 2

AFMEPF0852

11.02. Pension. The Philharmonic shall contribute to the American Federation of Musicians' and Employers' Pension Fund (AFM

E.PF) an amount equal to 6.54% of all scale wages on behalf of each Contract Musician covered under this Agreement. Each

payment shall be accompanied by the appropriate personnel and/or AFM B report form, setting forth for each Musician on

behalf of whom pension is being paid, the Musician's name, social security number, date (or month) of service(s) for which

pension is being paid, and the amount of pension contributed. All contributions to the AFM-EPF shall be paid no later than

the end of the month following the month in which the services occurred.


158

74189001 FORTH WORTH SYMPHONY ORCHESTRA ASSOCIATION CBA

AFMEPF0853

·- ---·- -- . , '

20.5 Pension ~und.

20.5A Thi.' J\,l)ociatiLm ~hall pa) a pttrttnta~c of sculc wages for .111 Conlr:itl 1\ and B 111usiciuns into 11 rm.1tu.1ill)-agR'.cJ pension lund according to the scl1l-dulc in 10.SB.

20.58 Hfocthe April 15.101 1 (''El1~'t:l1\t! Dutt:''), the A ·sociation will contribute to the Amencan Federation ol' Music iun$ und Employers' Pension fund (the .. fund' ') rn accordu11cc \\1th lht: c,1nlribulion schedule of the rehobilitation plan udopt1.xl by the Board of I rustt~!> of the r untl on April I 5, 2010 (th "2010 Rehabilitation Plan"). which 1s mcorporotcd herein by rdcl'\:ncc, pccificall~. the Assnciution's contnbuuon rate \\lll l°'t' as lollo\,s:

~0.58( I) Elkc1i, c on the Effective Date. tht A~sociation \ conlribu1ion rate ,, ill be 6.24%,

.. 0.513{2) Ellt:\'.ti,c l>n April l, 20 I L the Al)sociatioct' s rnnlrihution rate will inc,ca!>e 10 6.54~o


159

954742001 FOX THEATRE CBA

AFMEPF0854

Section 2. pension. Effective February 13, 2010 and coMinur,g fet tt, term of this ~reemt~ ii ;a/•''flO~ 10.,i f)

lhe Ernpoyer agrtes to contrlbute an amount equal to 4M peteenl ~ of the gross

wages of each musician (excludlng a~ cartage payments and/Of expen11

relmbWMrnenls) to the American Federation of Muslaan1 and Employer,' Pension

Fund rAFM•EP' Fw,d), The Employet shall execute ttie neceseary edministrlive

reportl, lnduding the Partldpalicn ,¼reemem req ·red by the AFM,EP Fund, in order

for the muslditlls lo participate In the AFM-EP Furd,


160

715670002 FRB PRODUCTIONS INC THE GAME AWARDS AT THE MICROSOFT THEATER CBA REHAB 2

AFMEPF0855

B. Pension contribution: Producer agrees to be l>ouod by the Trust Indenture dated I0/2/59, as ameo<led from time to tjme, providing for contributions to the AFM Employers• Pension Fund (the "Fund), and furd1er agrees to contribute to such fund 011 behalf of the Musicians engaged by the J'>roducer, an amo\mL equal lo 12.1% of scale wages ear0¢d by sald Musicians. Tbis contribution ror.e shall be deemed to include the conhibutions required under the rehabilitation plan adopt• cd by the Board ofT,u<tecs of the Fund ou April 15, 2010, and updated August I, 2018.


161

73517001 FREMONT SYMPHONY ORCHESTRA CBA

AFMEPF0856

.. , , "'"""" "'G::1, 11 n:o ~,,,~, :i11n•1 ,, 11v 111 I' 7!llt'lll) !I 1u11n 1111111:1 "9't:emum IOCiJCT!

mu~ an em:, Oyt'<l und-· lh s Agreement et tne hi\ .1 p tformanca of each set.

1B 12 Pe11 n e. The Em y~r .. y ng this ,,groemool f ~ree,1enf). ha n~, 011 .. od lo oocoma a pertt lo

ho Agroorrent and O lamt ::in I iT t cslablish1ng the A'Tlerk.im f d lion or Mu Employer&' Pen;,on Funu llhe 'Fund'), " 'th incorporated by r~•t!1~11~

to th s AtJi m I hiJII m: c pens.on coo1nb Jhoo. lo 1h ~uml on be ~r of oec mplo)1>0 covered by ltl) Agreern~nl In n amount equal to Ille spea'lr:d pi:r 1110 (or

percentagH) of calO wages amed 1rom ·mployo·, ffoc!lva as a-, the date (or dates) eel forth below, 11nd In ocoordance with ~ie terms nnd con ions oosaibod 8fe· Suth oonlribu1ion& &hell be elusive ol ddil co~lr1bu!1ons requ i: by lh Ame ln Fed lion of Mue 1ans a.'Mi En,ployer 'P Ion Fund Rehab,! talion Plan

ff ell• 9/1/16 0.0% EF.ecll\>e 9/1/11 2.18% El ocli\'e 0/1/IS: '1.36%

For purr~e :.ir l , cclon, 'sca:e wages• in luue o per crvlce wages, pre, 1lu1·1 parnon:s, doubling end <iv , Im as sci forth In Artkle 18 ol Agr , L

c. Each cont .. 11~111 s 11 paio to .he fund , min 30 d,1ys ollowing the rendemg ol ·ices for\\ 1th such oor1I 1rom pa;·able, but In oo cs~ la or 1ha ond of l'le

11! I r ,,ing I calendar quarte, In w tlth thoso ser. "es were rend~red. o All con:nbutlon to tho Funo &hall be made by r.he~ p 1yt1blo k 'AHtEPf," All su,:h

c s shaU be ltinsmltl d lo a Local U 'Q tor lorward1119111 l Fund,


162

958669002 FREMONT SYMPHONY ORCHESTRA CBA REHAB 2

AFMEPF0857

18.12 Pension a. The Employer signing this agreement ("Agreement"), having agreed to become a party to

the Agreement and Declaration of Trust estabhshlng the American Federallon of Musicians and Employers' Pension Fund (the "Fund"), which is incorporated by reference into this Agreement, shall make pension contributions to the Fund on behalf of each employee covered by this Agreement in an amount equal to the specified percentage (or percentages) of scale wages earned from the Employer, effective as of the date (or dates) set forth below, and in accordance with the terms and conditions described herein. Such contributions shall be inclusive of all addrUonal contribuUons required by the Amencan Federation of Musicians and Employers' Pension Fund Rehabllitatlon Plan:

Effective 9/1/16: 0.0% EffecUve 9/1/17. 2.18% Effective 9/1/18: 4 36%

b. For the purpose of this section, ·scale wages· shall include base per service wages. premium payments, doubling and overtime as set forth in Articte 18 of this Agreement

c. Each contribution shall be pard to the Fund within 30 days following the rendering of services for which such contributions are payable, but in no case later than the end of the month following the calendar quarter in whrch those services were rendered.

cf. All contributions to the Fund shall be made by check payable to "AFM-EPF .- All such checks shall be transmitted to the Local Union for forwarding to the Fund.


163

715709002 FRESNO COMMUNITY CHORUS INC CBA REHAB 2

AFMEPF0858

PEKSION Ernployer agrees 10 be bound by IJ\e te,rns nf the Agleemenl and De,;laration ofTrusl of Ille American Federatton of Musicians and Employers Pension Fund and the terms ot the Fund's Rehabilitation Plan and updates and to pay, for each year of the Agreemen~ an amount equal to 8 39% (comprised ofi% base contnbUllons, 63% addltiOnal Re~abiA!allon Plan contrlt>utlons and 76% 1equ1red by the June 20,a Rehabltltallon Plan Update of all musicians' wages to Ille American Feoerat,on of Musiaans and Ern(lloye,rs Pension Fund (AFM-EFIF) for each musician employed by Employer The Fund w,11 not consider 9 09% of these contribudon paymenlS Wilen calcutaHng ruture t>enelits A cheok In the proper amount •MIi be made /)aJable lo AFM-EPF and shall be malled to !he Union each pay period but not later than thirty (30) days aiter me Assoclat,on rece"'es the payrort rePQl1 with a copy of the payroll. Including names, Social Securi\)' numbers, wages and pension a11101Jnts.

Tti• rates set fortr, In this Agreement will be dfseontlnued lnvnedlateJy- and will revert to tM base rates set forth rn this agreement Wilen both of the followlf>ll events have occurred: (1) rates trig her than IJ\e Base Agreement Rates are no lo"lle< required by the rehab1lltatlon plan nf me American Fed.eranon of Musiciaos and Employeis' Pension Fund and (ii) the AmBflC8f1 Federation of Musicians and Employeis' Pension Fund repeals Jo lull Its procedure that provides tnat an employer and collecifvs bargain mg agrB<1men1 Is not ,r...cep!able to t/le Boara Of Trustees of such Fund 1n ll]e eve□t of a reduction In lhe rats of contrlbvlions 2. Pen$fon Percentages: 2019.-20: S.39% 2020-2021. 8.39¾


164

959292002 FRESNO COMMUNITY CHORUS INC CBA REHAB 2

AFMEPF0859

PENSION The Emplo-.er shall contnbute lo the American Federauon ofMus1c1an.s and EmplO\ers· Pension fund (AfM-EPF) an add!llonal amount equal 10 I.he belo\\ hsted percentage ofnll gross waees (except cartaee) earned under thas Ae.reemem Each pa\ ment shall be accompanied b, the appropnate personnel and/or ArM Il repon fom1., set:umt fonh for each mus1c1an on behalf of" horn pensmn ts bemg paid. the musician ·s name social secunt, number dote of ser. 1ce<s1 for ,,h1ch pension 1s bemg paid and the amount of pension contributed. All cnntnbut1ons to Lhe AFM-CPf shaJI be rnud no la1er than the thtntclh d.:i, of the month m \\htch SCf\tces ha,e been performed As a conmbuung emnlo\'er to the AF~l-EPf, the [mplO\er shall be bound b, the Airreement and Declarauon of Trust

establishing the American fcderauon of Musicians and EmplO\ers· Pensmn Fund. mclus1ve ofnll rehao1l11auon plans. ras 11 has been and ma, he amended}, ,,h1ch 1s incorporated hcrem b" reference as thou!!.h set forth m lull


165

711735001 FRESNO PHILHARMONIC CBA

AFMEPF0860

B. PENSIO : 'I he ASSOCIA'I ION agrees to be bound by the terms of the Agreement and Declorallon ofTrust of the American Federation of Musicians and Employers Pension Fund and the terms of the Fund's Rehab1lita11on Plan and to pay for each year of the Agreement an amount equal to 7.63% (comprised of7% base contrtbution and 0.63% add1t1onal Rehab1hta1ton Plan contnbulton) of all Staff musicians' ,,ages to the American Federation of Musicians and Employers Pension Fund (AFM-EP~) for each Staff mus1c1an employed by ASSOCIATION. A check m the proper amount shall be made payable to AFM,EPF and shall be mailed to the Union" 1thin ten ( 10) business days of the last concert of each pi1y period along with an itemll.8t1on, by name, social security number, wages and pension contnbullon of each musician.

·1 he rates set forth in this Agreement shall be d~conllnucd 1mmed1ately and shall revert to the 7% base conlrtbutton rate \\ hen both of the follo\\'ing events have occurred: (i) rates higher than the Base Agreement Rates are no longer required by the rehab1htation plan of

Inc AfM,t~f ano (11) ~e MM-frf 1c~al~ in full 11~ ~rocfoure 1na1 ~roviae ilia! an fm~lo}·et ano rolleellve ~ar~ainini a~fem~nl

1~ no! arre~,a~le 10 Inc ~oaro of'! Mlm of ~urn fun~ in 1ne fttnl of~ 1~aut1ion m ilie ralt of ~on111~u110n


166

711735002 FRESNO PHILHARMONIC CBA REHAB 2

AFMEPF0861

B. PENSION: The ASSOCIATION agrees to be bound by the term., of the Agreement and Declaration of Trust of the American Federation of Musicians and Employers Pension fund and the terms of the Fund's Rehabilitation Plan and updates and to pay, for each year of the Agreement. an amount equal to 8.39% (comprised of 7% rose contribution.s, 0.63¾ additional Rehabilitation Plan contribution., and 0. 76% required by the June 2018 Rehabilitation Plan Update) of all Staff musicians' wages to the American Federation ofMlLsicians and Employers Pension Fund (AFM-EPF) for each Staff musician employed by ASSOCIATION. The Fund \\,11 not consider 9 .09% of these contribution payments \\hen calculating future benefns. A check in the proper amount shall be made payable to AFM-EPF and shall be mailed to the Union each pay period, but not later than thirty (30) days after the ASSOCIATION receives the payroll repon, with a copy of the payroll. including names, Social Security numbers, wages and pension contribution of each musician.

The rates set forth in this Agreement shall be discontinued immediately and shall revert to the base rates set forth in this agreement \\hen both of the following events have occurred: (i) rates higher than the Base Agreement Rates are no longer required by the rehabilitation plan of the AFM-EPF and (u) the AFM-EPF repeals in full its procedure that provides that an employer and collective bargaining agreement is not acceptable to the Board of Trustees of such Fund in the event of a reduction in the. rate of contributions.


167

955329001 GATEWAY MENS CHORUS CBA

AFMEPF0862

-... '. - . ,. ...

S. The 011eway Men's ChoNs 1grtt9 to be bound by tht Trust rnooiture dated October 2.19S9, 11

amended. providing for c011tribuhons 10 lht AFM0EPF1 and further agrees 10 contribute to s~h Fund on behalr or the RNSktans cnpaed by the Gateway Men's Chorus an amooot ~ 10 8.12% for live perfonmncn from June 21. 20l6 through Jooe 20, 2019. Addilionally, the employer agrees 10 rontrioote 10 die Fund an amount equal tol0.9'/4 ror broadcut or recording services from June 21. 20l6 through June 20, 2019, earned by said musiclans. All ~ntribuuon.s to the Fund shall be made by check payable to lhe ◄'Amerign f edcration o( Musicians and Eqloycrs• Pension Fund ... All $Uch checks shall be accompani~ by a remittance ronn identifying each musician (or wtM>m a contribulion is madei the nnaiciM 's name. soc~I secwi~ numbtr, dalc(s) of enpaement for which pension ls pli~ scale wages on which pension is pald, and t~ 10111 amount o( the pension contribution, The check and rcminancc infonn,t,on '1lall be 1ransmltted 101he Union, for rorwudina to the fund wi1hin thirty (lO) days following lhe rendering of ~ce! for which such contribulions are pay1bl~.


168

77732001 GAY MENS CHORUS OF LOS ANGELES CBA

AFMEPF0863

J. Pcn.wo Cootribulions: The (lmployer shaU be boond by U,c Agreement 1u,d Dcckll'flflo,r <!/ 1'n!.tl fat/Jblisi,;11g the Atrr<!l'ican Federt4/Qn t>/ MJ,.iician, (111(/ Envio)<!f',<' />e,,siQ,r /iitnd (llS ii has been and may be amended). wl1ich Is i1100l]Xlllllal herein by roreruoce ;tS U,ougb ,;;et forth in IIIIL 'The Emplo)'Cr agroos to a~ide by u,e Ame,ic,m f'cdcrntio11 of M.llsicians and Employers' Pensioo fund rebabilication pl1m ndoptcd by die ll<J,,rd oFTmstce,; oflhc Fund on April 15, 2010, including all CQ111J'ibutio01 sd1l'du)Qs, wt1jch is iucorporotcd here by ,~rcrencc. Spcci/icaJJy, lhc cmpk1yer's comn1J<11Jou shall be 16.35%


169

79844002 GEORGIA SYMPHONY ORCHESTRA INC CBA REHAB 2

AFMEPF0864

Section VI! American Federation of Musicians and Employers Pension Fund (AFM-EPF)

A. Effec.tlve opon the rattflcation of tti1s Agreement, the GSO agrees to ~ke pension conMbutions to the American Federation of MuslCiaos' and Employers' Pens on Ftmd {AFM-EPF) on behalf of Musicians ,t engages w1thln the jur1sd ctlon of AfM Local L ~8~462 at the percentage rate set forth In Schedule A, Section 6 of this Agteeme.nt, attached hereto and made a part hereof. Accordingly, the GSO agrw.s to be bound and hereby accept the terms and mnditlon~ of the Agreement and Declaration of TnJst, dated Ottober 21 1959, establishing th AFM·EPF (and all pJans, rules, and poficies thereunde(). A copy of this dOC1Jmenl 15 to be provided to the GSO with1" nve (S) days of rece pt of this Agreement. Accordlr,gly, Management adopts the American ~eratlon of Musicians and Employ~' P~on Fund rehabilitation plan adop ed bY the Board of Trustees of the Fund on Apn~ 15, 20\01 lncludlng all contribution schedulest whlch 1s

Jncorporated herein by reference.

B. Tna GSO wm forward penslon payments, along wlth AFM~EPF remittance forms, through AFM Local 148--462 at th same bme as all other payme(lts. Toe GSO shc1II ssve a separate check made payable to AFM-EPF ror the total amount of the pen.soo contrlbubons for each engag menl

C. Any audit of ttle GSO's rectlrds perfottned tn accordanti:: wlln any provislon of any document referred to In this section shall be llmlted to records and accounts con<:~ning transactions wt,,ch are subject to payments dlrectJy pursuant to tti1s Secbon.


170

75695002 GILBERT AND SULLIVAN SOCIETY OF HOUSTON CBA REHAB 2

AFMEPF0865

Pens ion Contribution:

11 % of negotiated wages as stated above includes ( 11 % plus the required 9% additional contributions from the AFM - EPF Rehabilitation Plan AgreemenL Should the Rehab Plan percentage change during the term of this agreement, the contribution rate will then be reflected accordingly.)


171

719342002 GIRL WEDNESDAY INC CBA REHAB 2

AFMEPF0866

3. PENSION The empl◊ycr adopt,< u,e American I ederutin1> of Mu.<lcmns nod Etnplo}'c,s• Pon,iun I \uiJ Kth,JhlJilllllt>n Vlun adopted t,y the llottrd ,,J 1 ,u,1.:-.:. of !he Fund. un April 15, 2010, il11llucting ull cunldhulion N~hct.lul~, which Ls il'let)rpuruld! here hy rcFc:rt:nce,

S~,fi..:.aUy. the Emplt)y1.,r a_greeS: co c"'ntn1,ute fill uro,,unL oquivult:11t tv I 1 % ur each c:mrh>yoo•.;. Wage "s.dcfiocd in Article 2 of this ,¾.recmcnt (\\'ruch shoU be cons1dcrod lo be •ca(c wages) to ilk Ame,icun l'cJcr:flion .. r M,1,,ti~n•. and bmploycn,' l',"JIS'"'l t_Ufil)c2,U9% nJ tho t"lnl conln1,atinn nn\ounL will m,t h~ coni.iJcrctl whtll culculut1ng .future bc~c-lil paymeol~ lO the fw.id

All contribuLitlos to lhc FunJ shall be OIJlllc by check puyubie to tho" American Foocrntion of Musicians ond fonpfoyers' Pension Fund.-All st,ch checks shall be accoinp,m1c<.f by a cr,minuo,'<; Jbnn id<nill.YinM. (ortuch ~mployi.,-c for whom lt comrihu.Lioa is nmdc, Lhe mu$iciw1's name, sociuJ security pwnM.:r. Jui..{, lot' <J1g~g~IQ<t1L for whiol, pcll!lioo I> paid, scale wug<:,1 oh which p.:n:lion is paid und 1he :unouat of pensfon. the cheek nnd remTllnnce informmion ,h,111 he 1rnn.imil(e~ Lt, Lw:,I 1 c)OD l\l'M for Jbrwlli'ding Ill tlw Fund within 3/) duys following the roDQcring of $Cr.ice;, for wbich ,w:b oontdbutions urc payable,

The Employ~r •!\'"•• 1<1 be PQW\d b} l he Ag"""11en1 "J1d D<cillrtltiijn ,,r l'ru>l e~tublhbing rhc American l'cderoti~n of Mu.siciluls ond Employ..,, Pcn~iun Fund. as it mny be amended fn1m Lim~ W tih1c. which is- lnCOrfK')rated 1-i)' reference into thi~ Agr~m..mt.


172

75434001 GOODMAN THEATRE CBA

AFMEPF0867

ELEVENTH: Pension The Employer shall pay to the AMERICAN FEDERATION OF MUSICIANS' AND

EMPLOYERS' PENSION FUND in accordance wilh the contribution schedule of the Rehabilitation Plan adopted by the Board of Trustees of lhe Fund on April 15, 2010 (the ·2010 Rehabilitation Plan"), which Is incorporated herein. THE EMPLOYER shall pay to the Fund an amount equal to 14.17% (fourteen and seventeen/hundredths) of the Employer's gross weekly payroll for all employees covered by this Agreement (Including rehearsal and vacation pay). Such payments shall be forwarded weekly to the Offioe of lhe Union during the week following the week for which the payment is made. The Employer shall file contemporaneously with the aforesaid payment information relating to the Musicians on whose behalf oontributi,,ns are paid including the Musician's name, social security number. wages and such other information which the Trustees of the Fund may reasonably require.

The Employer adopts and agrees to be bound by all of the terms and condttions of the Trust Agreement creating the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION FUND, dated October 2, 1959, as amended from time to time, as fully as if the Employer were an original party thereto.

The Employer hereby ratifies and agrees to be bound by all actions taken and to

be taken by the said Board of Trustees pursuant to the powers granted them by the Trust Agreement.

The Fund shall provide pension benefits according to the AMERICAN FEDERATION OF MUSICIANS' AND EMPLOYERS' PENSION FUND PLAN. as amended by resolution dated December 3. 1964, and April 3, 1967, which said Amended Pension Plan is attached hereto and made a part hereof. In the event the Pension Plan shall be further amended, either in whole or In part, during the term of this Agreement, the revised Pension Plan shall be deemed to be incorporated herein as if a part hereof.


173

71437001 GOODSPEED OPERA HOUSE FOUNDATION INC CBA

AFMEPF0868

Pension

9.1 All Musician shall recei\c pension in the amounl CQUl11 to q1~ ('Nrcent (6%) o his/her hourly reheai~I and weekly ~rfonnant pAy S:,id payments to be made to the Amencan l·edcration of Musicians Hnd Emplo, ers' Pension Fund m accordance \~th the payment schedule set forth by lh • Pcn~ion Fond (Jood~~c<l agree to be bound by the Agreement and Declaration of Tru I r~1abli~h1ng the American Federation of Musicians and r.mploycrs' Pension Fund which i 111co11X>rated b)1 referenc~ mto tlus Agrc~mcnt.


174

959746002 GOODSPEED OPERA HOUSE FOUNDATION INC CBA REHAB 2

AFMEPF0869

Article 9

Pension

9.1 All Musicians shaJI receive pension in the amount equal to six percent (6%) of his/her hourly rehearsal and weekly performance pay. Said payments to be made to the American Federation of Musicians and Employers' Pension Fund in accordance with the payment schedule set forth by the Pension Fund. Goodspeed agrees to be bound by the Agreement and Declaration of Trust Establishing the American Federation of Musicians and Employers' Pension Fund \vhich is incorporated by reference into this Agreement


175

78735001 GRACE CATHEDRAL CBA

AFMEPF0870

PENSION Empl0)'cr agrees to pay an amount cquot to 10% oran wn;cs to th.c American fcdcra1lon or Mu.ski-ans o..nd Employers Pension Fund for each mu$kion employed by Employer. A check In 1he p,oper amount shall be mooe payable 10 AFM•EPF and shall be mailed c:i.ch poy petiod 10 I.he Un kin wllh a copy or1hc payroll which includes namC".s, addreucs, Social Sccunt}' numbe,s, scale wages end pt-nsion amounli ror each musk inn.

Effective Jonuary 1. 2012 ("E-fTective Date"), EmpJoyer shall eonlnbu1e 10 the American Federa1ion of Musician, and Employers' Pension Fund (the "fund") in 11tc01dancc with the con1ribu1ion schedule the rehllbilitnlion plan .idoptcd b)' the Board of 'rN$tees of the FutKI on April IS, 20t0 (1hc "1010 Rchabilr1ation Plan .. ), whiclt is lncorport11cd hcrtin by rercrcnce. Specific.illy, 1he Employer's con1ributfon 1atc wil1 mcrem as follows:

Eff«th·c on the. Effective O;ue. lhe Employer's con!ribudon ra1e will be 10.9Y,.

The r:ues set ronh in 1his Supple-menial A&rttmcn1 will be ducontinucd lmmcd,ntcly and wilt tc".,CM co the rates set ronh in panasraph I or 1hls scclioo (the "Non•SupplcmcnLa.l Agreement Rates") when both or1he ronowin& everm: have occum:d: (i} rates big.her thorn the Non•Suppltmental Agreement Rotes ore no tong_cr required by the rchilbilit.alion pliln of the American Fcdcr.1tion of Mu1icinn1o nnd Employers' Pension Fuod and (ii) Lhc American Ftdcratton of Muski:u,t and En1ploye~ Pension Fund repeals in ru11 its procedure 1h01 provides 1hat :in employer and coUecHve lwi;ainin; oi;rc-cmcm it not ncceplable to tlw! Board ofTruslccs of ,su,ch Fund in the: C\'C.nl of n re.duel ion in lhc ralc of tontribu1t0ns.


176

75487001 GRAND OLE OPRY LLC GRAND OLE OPRY CBA

AFMEPF0871

(i.4 In eddrtlon to the above ,eale(,); lho employer agrees to contrioulc a sum equal lo ten percent (10-/o) of each muslcl41111 scale wages that will be paid to the Amcrlcan Pcder~lion of Musidans and Hmployers Pension Fuoo (AFM,EPn Bff ectivc April l • 2011. the pension contribution rate incttased to 10.9% which includes the nddllional 9% as required uodcr the 2010 Reh.1billlatlon rlan.

The ralc:s stl forth In I.he AFM-EPF SupplemenlaJ Agreement will be discontinued immediately and will revert to the rate of 10% (tl1e 1'Non-Supplementel Agree11,ent Rates«} when both of the following events hJVe occurted: (I) rates higher than the Non-SuppkmClltal Agl'Qefficnt lutes arc no longer required by the rehabiJitatton plan of tho American Federation of Musicians and ~mptoycrs1

Pension rund ond (ii) he AFM•EPf repeals in full its procedure the provides that an employer and collective bargaining c1grcemcnt is not acceptable to the Boord of 'I ruskcs of such Fund ln 100 even I of a rtduction in rate of contributions.

All tnuslelM employees are covered under dle AFM•EPF. Accordingly, the employer agrocs when employing muslclans to be bouud by and here Bocepts the tenns and condilions of the A&rcomQllt and Dedaratlon of Trust, dBtcd October 21 J 959, establisrung tho AFM -RPP ( nd all pier\$, rule$ and policies thereunder), as amended or may be amended from time lo time. The employer $pecificnlly a~knowlcdge, s.aid Trost, the term, or which are l11COrporated by rofcrcncc berein and made I part hereof. Ch~s to be n,ade p,ye.ble to rhe AFM·BPP shall be sent to Locnl 2J7 along with tho names or covered musician, wi1flin thirty (3) da)'s of the end of the month in ~hicb lhc engagement occurrod.


177

72195001 GRANT PARK ORCHESTRA CBA

AFMEPF0872

.'c lion .. OJ Pension Con1t1bu1101~ . Ute bnplo er shall pa to ilic Amen an Federation of Mus1c1ans and Emplo\ers Pension W cl fare fund nn amount eqwl to 12% of ti~

gross \\ttlJ) compensation set fonh m Article 19, Secuons 19.1-19.6 of llus Agreemem for the account of each Mus1cmn for the term of this Agreement.

(A) the Employer agrees 10 the terms of the Agreement and Declarauon of Trust Establishing the American Federation of Mus1c1ans and En1ployers' Pens10n Fund in effect as of the date of this Agreement, ,,h1ch Agreement and Doclara110n ofT~ as mcorporated herein by reference. B) mnkmg contnbu11ons on behalf of an mdl\ 1dual, the i:.mplO)er warrants that It has detemuned thm the md1\i1duru ts a Mus1crnn co,ered b) Lhts Agreement, and the 1-und assumes no l1ab1hty for that determ1na1ton.

(8) Each conmbut1on shall be paid 10 the Fund no later than the th1rueth (30111)

of the month follo\\1ng the month in \\luch seJ\ aces ,,ere rendered for \\h1ch su h conmbuuons are pa able. All contnbuuons to the 1-wld shalJ be made b checl pa ·able to the "Amencan Federation of Musicians nnd l:rnployers' Pension 1-und." All such checls shall be 1ransm1tted dtrectl} to the I- wld and a copy of I.he renuttance forms acc-0mpan ·mg such checks shall be contemporaneously sent to the nion.

(C) I he Employer agrees to consider future amendment~ to 1he Agreement and Declaration of frust l:.slahhilung ll1e Amencan l-ederat1on of fos1cmns and Emplo,er1 Pension ~und.


178

959240002 GRANT PARK ORCHESTRA CBA REHAB 2

AFMEPF0873

Sec"tion 20.3 Pension Contributions. The Employer shall pay to the American Federation of Musicians and Employers Pension Wei fare Fund an amount equal to twelve percent ( 12%) of the gros.s weekly compensation set forth in Sections 19.1-1 9.6 of this Agreement for the account of each Musician for the term of this Agrcemcnl. Notwithstanding the foregoing, as required by the Fund's Rehabilitation Plan, the Employer's contribution rate shall be 14.388%, inclusive of all amounts required by the Rehabilitation Plan. The Fund will not consider 9.09% of these contribution payments when calculating future benefits.

(A) The Employer agrees to the terms of the Agreement and Declaration of Trust Establishing the American Federation of Musicians and Employers' Pension Fund m effect a., of the date of this Agreement, which Agreement and Declaration of Trust is mcorporated herein by reference. By making contribut,ons on behalf of an mdiv,dual, the Employer warrants that it has dctermmed that the individual 1s a Musician covered by this Agreement, and the Fund assumes no liability for that determination.

(B) Each contribution shall be paid to the Fund no later than the thirtieth (30"') of the month following the month in which services were rendered for which such contributions arc payable. All contributions 10 the Fund shall be made by cheek payable 10 the "American Federation of Musicians and Employers' Pension Fund." All such checks shall be transmitted directly to the Fund and a copy of the rcmiuance forms accompanying such cheeks shall be contemporaneously sent to the Union.


179

79369001 GREAT LAKES THEATER FESTIVAL CBA

AFMEPF0874

Y--druaa,es ana 1muumenc!l.

lS. Payroll GLTF shall pay the Musicians through its regular payroll. GLTF shall pav the Musicians no later than the following Thursday for the previous week's services. GLTF shall withhold all federal and state income taxes and social security. Gl TF shall pay timely to the appropriate governmental agencies all lncome tax and social security payments, unemployment, workers' c--ompensation and related fees.

In addition to the gross compensation under this agreement, GLTF shall pay at Its sole experue a sum equal to 1°" of the gross compensation directly to the AFM• Employers' Pension Fund in the 2016-2017 season, and 11% In the 2017-2018 season. GLTF shall make this payment no less than one time per month. GLTF shall execute all necessary documents to qualify as a pension employer.

GLTF shall deduct from gross compensation the current prevailing local 4 work dues (29') as a percent of gross compensation. GLTF shall deduct the Loe.al 4 work dues weekly and shall pay the work dues to local 4 no less than one time per month.


180

79369002 GREAT LAKES THEATER FESTIVAL CBA REHAB 2

AFMEPF0875

In addition to the gross compensation under th is agreement, GLTF shall pay at its sole expense a sum equal to 10% of the gross compensation directly to the AFMEmployers' Pension Fund in the 2016-2017 season, and 11% in the 2017-2018 season. GLTF shall make this payment no less than one time per month. GLTF shall execute all necessary documents to qualify as a pension employer.


181

72213001 GREATER AKRON MUSICAL ASSOCIATION CBA

AFMEPF0876

0,4 PEN~IO~ CO\TRIRllTIO~ rn J\1'~1-1:111

On ~t1 1,1 11( l'1l•. Ii \h1~1L ,lfH1'VC'1 n u111 IN 11:i. M ,s~~ /1 n:PlnL·n , ·1 1 • Sr 11 :1 11.11· "' ·J ,~r l · hw • ,., 1111' •,mm n Fi• li·t,1'.1111!.I t.: 1.1111s ·nd Em1.11•.·t1, l'l•11s1n11 l·und j,\FM IJ'l'I 'llinl,111,1n,.l.m1ounll, 11.il 111

I 3f .i, 11h.l 1~iv~· L'': I ·~ h, 1 L 1u1n d 1· lhl' ~c l·~r i1i1·1111111 l1lJ1 , o: 1~11 sr 1k \1,,1t;' , , 11r1 .. 111:dl I tlus l 1h,Jr 1\111.•1•11 r1,l,e\ ·lud111ba11~·~.Jd1t 111 ,· ,.11 11u11 l\ h'~ol1,1vd l,r 11·1l.\ku,·1 Mus1:m~11rrl,· '"1:i,1111,1 Sl•1 1,1c: i 11111 ,1•, I 111,11J Arll~I ~ ~ I I rl:i:11· 1 ;11111 'J.ri!ll I [.,: -J1L1111 h 1r h" 1•,i1m 11t • li,,11 1 ~ .1, ·n:rip.m il'll 1v 1l,1• ,lj ,p u,1111 IL

pl-rsu·11 1I,11 /,. 1 MM B l't; ·,rt fon11 ,1•t1·1 f, l:,1 Iii .'11 N I, \lw, 11 ,i1111111 l11 •h,ill ul 1•, 1.u:1 , .'Tifl• 1: jc- h1 ir.11 p;'ld 1111

'1lus.L JI' 's n u·1,•, ,,, 11 1,11 \C~ t•r ll1 n 1mbrr d, t, 1,1 ~11 i111•(t) I i1 wlu i prn~1l1:1 i~ hl·ll 1, p,1.1, ,111J tl 11;1 Jill un ,,1 ptl.1,,1,11 lil lll'lhJ~•:d 1\II i'll 111 ilitJllllll t11 hl M'M I' F ~h; II b~ ·: 11d 110 ; ltll th,11 1h,• ll'irtit'l'I d,,J Pl lhl.' n1111u·

inlh\'IJ.f, 11!.,i :1w11h n 1\ h1rh \l'1,•11 1•~ ·1 1\'l' IR1L1, 11tl'l(IIT1t'd A~ ~ nmll 1h11·.1:1~ emr,I, F~ i lhr• ,'\ \l El'I ·1 h~ ~','ll'ph• 11•; n,r •1 \ 111, :m1plywllh .ind 1 , ~ 111'.· • ,i:1111, .1 ll1l terms ~nd ni 1 .• 1h1,11~ 4JI lh~ .~hrc mrn• ind J~l1iil'Jt1. r (l!Tru,n•~t11 ii ~lun~ihc ,\1ri rii ,11 F1·d1•1, i1 ,1,11uf ~~J.1u,1n~ Jr.d l>up 11·,•1•1~· l'111°Mk,n l·: rd


182

718418002 GREATER AKRON MUSICAL ASSOCIATION CBA REHAB 2

AFMEPF0877

8.5 VJ::NSION CON"'l'RIRU'l'ION TO AP~•EftF

On behalf of each MusiciaJl covered under this Mast.el' Agn::emt!n~ il,e Symphony shall conulbute. hl the American FedC1r<1tion of Musicians and Employers1 Pension Fund (AFM•EPl-1 an additional amount equal to 4.8%, tnch,1.sive of all rates requlrtd by the Rehabilitation P);an a.r rcvlsc:d ln June 2010, of all scale w.agH e.irn.d u.ndu this Labor Agreement. excluding: a i,y add1donal amountS neg:otlited by tnd.Mdual Musicians under personal service <:on~ra(.1S and Artlc1e 8.8 (cartage) and 9.6(0] (per-diem). Each paymcntsha11 be accompanied by the appropriate pel'So,rnel :rnd/m AFM 8 re1wrt fonn, s-etrlng forth fo ,• each Mus1clo.n no beho1f of whom 1>C!nsl.oo iS being paid. the ~fus1cian's name, soci::il seau·ity m.1mbe1._ date of setvlce{s) ror which pe?lslon Is hel1ig p:ild, :md the amount of p1n,lon contributed. All cnntributions to the Af-M·EPF .sh•JI be p;iid no later than tnc thirtieth day of the month followfna tbe month ln which sen,.iees havt been performed. At a eontrlbutlng employer to the AfM•EPF, Th• Symphony agrees to comply with and be legaUy bound by the termg .and conditions of the Agreement nnd Declaration of Trust csublJshfna the American f'ederstfon of Musicians- and Employers' Pciulo11 Fund.


183

959751002 GREY LARSEN LLC CBA REHAB 2

AFMEPF0878

) PENSION

1llc c1hrl,tj, 1.r adoptS 1bcAD:1-.!fh.~.tt f'l!d1:n111on of ~hL'i1C.Jan:,1 and hnpll•)'cc.s· Pt nsiQo Fond Rchabllitat/111, Plo.o ildupttd b) tM Boivc;f ~1( I nJ'I(~~ of the F1.it1d 011 April I~. ~010, ,nrlud1n~ an <:nn1rit,.11Ton 5clJeduJcs... wflieh i, incorp(lrtued hcr.c bJ rcr~r~nc.-e

::jpecUicnll1, 1tlet F.t11plO)C"" wdl con1rlb111t' ,_,. _-19'-'n ,,t~acb empJoyc.~· sc11le w~~.'" detifl'!.!d in An)tle ~ c.d th~ 3J:.fL"Mli:fil (\\b ich !lhaU be i:fln~i,l'l!n:d tube <icalc \•..-n!l,c.,J 11\ Ill¢ '\mrn.:i.u Fc<lctalliln ,If f\.hhki-'II\ und Empf1ly~· f'<tw1on Fund ' AFM•fl'f- Tn"lwwt'ohJI am(Wm9 req11fred b) the f'und's lh-hahil11111i11t1 Plan. 9 OQ'i,. Urtbc t'11211 t.'Ontrfbutu,n .lmn\lnt will nm be .. vfl!il~creJ "h,m .:.a.l.:ubttin& fUtU.J-c ht,neOt J'll)inet•t'- 11, ,h~ fiund,

All t!•lflll !fM.tOClJ to the-Fund~u1II h,: ron,J~ by c.hcc~ p:1yable IC) ~e .. /\m(tfCats l·t·1.for..1ti1W1 of'MliSlt..lAn<

and l:111~lu,vm· Ponsf.on fl.lr1'1, - /\IJ~u.:h ~ !hall t,,; ~c,1mpunlc:J b) ii m uiu1U1cc, li"Wh1 ,1lcnrh~ '"!- (11r ~ll,cl1 ~mpk,yce for Whom 11 ~ ntnbubon I\ m;1dc. ~ 11tll):(('•it111'~ namc.--soc,l!J 'iecurlr) ornnl'l.'f, d+lh.1')J ot ~1i11fll:\:11J~OI for -wh1d 'I pl.!i'l~lt,ri l~ paiJ_ s.:.ak" 3f11!) ,1n "l11d1 pcru:inn c!I jMIJ 1111J !he !#inCl.mt o l' pcn!i11111 lht .!heel .and rcmiuan"c lnform.atin,,Auil1 beU'liJ\Si1n med to Local 10(1() A1,M 1!1r fornttnhng tll thl' f w11I within 30 days {\1UoY! m~ the-f"C!lthirlo1 ,,r,<rVttt:t forwh,"h ,uc.h 6/tanlnt-111,nri~un-. pa~ablc. II the cmpl,,~;,r ls llfflllOIJr,Ponucd, no t"Q111rfhutiora will bi: paid CWt bt-111111 t)J Ill")' owner o, pan-nwnv- oflh( e.mplO)'Cf.


184

78108001 HANDEL AND HAYDN SOCIETY CBA

AFMEPF0879

C Penslo,n; SOCIETY agrees lo contnbute to lhe Ameooan Federation of ~s~ians Society's Pension Fund (AFM-cPF) an arnounl equal 10 11 9~~ of a icable wageit earned by each Mus1C1an penorming musical serkts and 1rans y one separale check, made payable \o e ~ F, EPF,' to e Union no later tha~

e11lh da~ of lhe mon\n lol~wlng the monlil dunog YI ich mus~al seM~s were pe ormed : ifeclrJe July 1 20 8 Employer con ~~Ion o AF M EPF will increase o 12 50\

EiiC o ese p~rcen'ag~ Em:i10 e· c,) ons ,s In an paymPn :-<4u~~ ~Y !lie 2010 AF -E Rera~ll11 e ~11 Plan" ,e Ppnsioo PMl~C Ion Atl of 2006 (lne •'" ena 1,laton Fay r rn S ntal ~~ reame~ ber~een tne partie. ~t t-SJpp,ementa ,gr lh al t n 1 ,~ Supp.err: tal greemfnl

;~ d1soont ued p1 :,Uii ril'grap o pie ,~i Agreen em an !to E e~t~I nnltled b~ •'lo: Peha 1h ~ Em ontn uLon "ate ~Qa I e~e ID a rate Ulat ~ educ d tlle amount of lhe t :in.~rn.nt AFM-EPF 6 (1~o as )I hE dalo: 01 ra1,ica1~n of uu

Agrf~ eii•


185

959408002 HARTFORD STAGE THEATRE THE FLAMINGO KID CBA REHAB 2

AFMEPF0880

Th• IIAR1101W STAGE COMPANYqreemonts for Ille perform._. of The Romlnco kid occumns from 4/S/2019to 6/16/1019 SheN be IPOCWlcllfy amondldas followf;

n,. Colleat,,. Bargolnlng Acrffmanrs (covorlng oll lnstNmentallsts for The Flamlneo Kid) pension COOl~bu11on rate wll be 12.1" lncfuslvHf all amounts required by the Fund's RehabUlt.ttlon Pion.

Tht Penonaf s..vlces Agreaments' (C Da<arllno, P Staroba ond T. Murray) pension contribution rate wl& bt 1U9" lncluolve of an amounts ,.quited by tho Fuod's Rtl\ablllt.Uon Plan.

For each of these '''"m•nts the fund will net cons~, 9.09" or these conlributlon Pil'/IMnts when Qla,tau,,g lut...., btnefla.


186

7959001 HARTFORD SYMPHONY ORCHESTRA INC CBA

AFMEPF0881

17.4 Ptnsion

The employer agrees 10 make pension contributions to the American Federation of Musicians' and

Employers' Pension Fund ("AFM-EPF") on behalf of musicians it employs within the jurisdiction of AFM Local 400

at a rate of 5.45% for each season of each employee's gross compensation. Accordingly, the Employer agrees to be

bound by and hereby accepts the terms and conditions of the Agreement and Declaration of Trust, dated October 2,

1959, establishing the AFM-EFP (and all plans, rules, and policies there under), as amended, or as may be amended

from time to time (the "Trust", collectively). Thus, the Employer specifically acknowledges the terms of the AFM

EPF Trus~ which are incorporated by reference and made a part hereof and agrees, wllen employing musicians

covered by this Agreement within the jurisdiction of AFM Local 400, to provide reasonable access 10 all information

that the AFM-EPF may require, and to permit the AFM-EPF to conduct an audit of the Employer's payroll and wage

records (at ihe AFM-EPF's expense) to verify the accuracy oflhe contribution.~ made.

The Employer will forward pension payments tlirough AFM Local 400 10 be received in the office of the

AFM-EPF in New York no later than the last day of the monih which follows each corresponding payroll. The

Employer shall issue a separate check made payable to AFM-EPF for tl1e total amount of pension for each period.


187

959376002 HARTFORD SYMPHONY ORCHESTRA INC CBA REHAB 2

AFMEPF0882

17.4 Pt>nsion

The employer agrees lo make pcnston oontnbut1ons to the Amcncan Federation ofMus1clllflS' and

Employers· Pension Fund (-AFM-EPP) on bchalfofmusic1ans it rmploys within the jurisdiction of AFM Local 400

at a rate of 5.45% for each season of each employee's gross c-0mpcnsat1on. Accon:hngly, the Employer agrees lo be

bound by and hereby accepts the terms and cond1llon.s of the Agreement and Declaration of Trust, dated October 2,

1959, establishing the AFM-EFP (and all plans, rules, and policies there under), as amended, or as may be amended

from time lo time (the "Trust'·, collecllvely). Thus, the Employer spec1ficall)• acknowledges the terms of the AFM

EPF Trust, wtucharc incorporated by reference and made a part hereof and agrees, when employing m1L~1c1ans

covered by this Agreement within the Jurisd1cllon of AFM Local 400, to provide reasonable access lo all mfonnation

that the AFM-EPF may require, and lo permit the AFM-EPF to conduct an aucht of the Employer's payroll and wage

records (at the AFM-EPF·s expense) to venfy the accuracy of the contributions made.

The Employer ,,111 forward pension payments through AFM Local 400 to be received m the office of the

AFM-EPF m ew York no later than the last day of the month \\TI1ch follows each corresponding payroll. The

Employer shall issue a separate check made payable lo AFM-EPF for the total amount of pension for each period.


188

79827001 HAWAII SYMPHONY ORCHESTRA CBA

AFMEPF0883

21. l Thr £mplo7" Stilliiic lhiJ MIISlcr ApmocnA shall make pension corwi'bolions to lht American Federtllon of Musldacs and £mploym' J>alilon flllld ("The fund") oa bchaJr of ceclt employee oovcRd by lhia Master AlllCCfflClll lD 1:1 &lllOIJnl equal 10 ~ (ollowl:tg !peCilled pcru~cs of 1111 V.'2 \'ol!3es, u cludiftg ••r inmtru, -■ whk• pe,u_ia1> hu alracly been p•ld, earned fnlffl the Emplorcr. tffecti,'C aJ oC the darts set fonh below. alld ut a,wNbnce ,.,lh t.ltc wms aad c,ollditaonsdcscnbcd herein:

P.fl'a:tive Dall: C1,ntrib11don Ra.e: Jal)- I, 2011 8%

2g.2 The Employu ls plllty 1o & collective barg;un:inQ. aa=,t (CBA) wtlb lhc /ISJOtbtioa. Thia Afl-t-EPF ag,ccment (Atticlc 28) cover, every employee for wbam tbc CBA tc,q'IIUCS COOIJJbulions. l)y maldng ,;,o~ on bcluilf o( en lruli\•id,-t, tm, Employer,.......,,~, lhot it bas dcunnlncd that th.e UldlviduM is ~ ffl'lplO)-cc covcted by the appbcwle seiee01cat. aDd the flmd assumes no li&bitil)' for 1ha1 dcl¢lmiNticm.

28.J Elfc~vc 1uly 1. 20 II {"lllTcctlvc Date"), Emplo)>n ah.all tontnOf.11.c lo the A.menean Fedca.lJCo of Musici1UU ond Employc,ra' Pms:>oa fulld (tlue ~f'undj L, arc~ ,.,,th the contributiOJI scllcdule of Ille tehobili1ad011 plan a.dopfCd by the Bootd of T M1«S of the FUlld 011 April IS, 1010 (the "20111 Relllll,ili1Alion P"1n'1, wbkb LS IDCl>fPO<"l.cd berdn by rc(en:DClC.

lSA Eac:b C011lribu1ioo mall be pnid to ihc F:md DO later tt.n live (5) t!ay$ after Ibo c,nd of thc month rouo,.,lli (he calet>.dar q_, in .. tildi those iaviccs \\1:Je rendered.

28.S All CCX1tnbmiorG IQ ll1e Fund Jhall be ro•d.- by cbeclt payabk Ill !he •AmffieAn FtdMUion of Musicians and Employco· Ptmion Fund." All such cbccu r.'inll be tniruminl'd t0 1bc Auociution r°' forwwiJig to the l'uoo, p11widod tlilll I.ht A.$$oclatlon is tbm p:w,y to tbt 'f'und•s ''Cash R~c~ipts P"""'dutts for l..ocili that ltttdvc l'utslon Cor.!rilxnlons Dimmy from ~rs..., If ihc ASl9oei81l.on is DOC 1bcn a paey to !hoo,e Ca$h Receipts l'To<:..:lmes, •ll c:becks shw.l be sail direotly to Ibo AFM·l!PF, bk of New Y011', P.O. Bolt 1915SA, Newark. NJ 07195-0ISS.

28-.~ £ath cbcck tor COJ1lltbul:OIIS pay.,.blc 10 !be Fund shall be accom.-»ed b)• the IPl""Prialc ""11itllll1<X> fonn spc,;:ifying. for """b covered employtt for \\born pension contrtl,,.lllons or&

pB)'!.ble, the cmplO)~'t nm:nc, aod social lll!ICUrlty numbel. Ille dates of the CQP8CJDCD1J for whicb pcmim coom"'billiOJII ~ bci.ag polo, 1be -1 of W2 W11,.S or, which pension L'tmtribulions 11n: being p:id, av. pa,,e,iugc rate of coc.tnblllions. 111'111 the dollar amount of pcruloo comributioos plid. togc1hcr wub any other illforrna.iion that i$ ROquired by the CBA.

23.7 The Employ~~ to bt bolll1d by the Agrwmcm Bod Dc,c,lamion ofTnn1 Es:miliwlla lhb Amerioan Fec!<n1>011 of M111r<:iom 1111d J:m;,lurc,s • l'cn"1011 Fulld.. as aiocodcd a,id rcNUd cffoc11.-e as of Sqmm.bc: 29. 1994, and u tt may be limh~ amcodtd from time 10 time; lhc Amcric•11 Fedcru1fon of Mnitian.• 111d l'mployM' Pt'lasion Plan. .., amffld.td ilalll ttsw,,d ctfoctl,-e as of April I. 1989, and as it may be funltcr emended from lime 10 rime: •nd .U rule1 ai,d pol~iti promwp1<d punU1111 lbemo by lll• Board of frusJeeS oc h• duly ..a.onud commin«1 (slldl ABtttmfflt and D•cbnltion of 1'tllll, PIM dot'Wlklll, and nllcs and polldc-s bcutg ooUccd\'CI)' referred to llcraftcr as lhc "Piao t>owrocnlS"). Toe Plan Ooc:wnenb .n: ~by and c,xprcs:sly 1~ by reference into tbas a~ fo thclt ->'· 21.S The Employer apees 10 permit tqKCKM•-a of rhc Fund to conduct pcrlod>C IIUILLS of •IS -ouali"8 books end rttardJ 11.od rds2;d supporimg doeummtalion arnl !Nth o1bcr m:onla 11