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Health Fund

Article 4, Section 8.
Compliance with Applicable Laws

It is the intention of the parties that the Health Benefit Plan and any and all amendments thereto shall at all times:

  1. Be and remain in compliance and conformity with all applicable laws and regulations, including but not limited to all applicable provisions of the Labor Management Relations Act and any other applicable valid Federal or State laws or rules or regulations, and

  2. Be and remain such that all contributions of Producers thereto will be fully deductible by the Producers for federal income and franchise tax purposes, and

  3. Be and remain such that contributions to the Health Fund satisfy the requirements of the Fair Labor Standards Act to the extent, if any, that such Act is applicable to the employments covered hereby, in order that contributions by Producers are excluded from employees' regular rate for overtime computation purposes, and

  4. Be and remain such that contributions to the Health Fund shall not be subject to deductions under and for the purposes of the California Unemployment Insurance Act, the Federal Unemployment Tax Act, the Social Security Act, or the Federal Insurance Contributions Act or any similar legislation, and
  5. Be and remain such that the Health Fund shall be exempt from federal income and state franchise tax purposes.

To these ends the Trustees shall from time to time promptly amend this Trust Agreement and the Health Benefit Plan in any respect necessary or appropriate to make the provisions conform and comply with these laws, rules and regulations. Any such amendment shall be made effective retroactively, if necessary, to such date as the circumstances require in order to obtain and maintain the continuity of such compliances and conformities. If the Trustees elect to do so, the Health Benefit Plan and all amendments thereto shall be submitted to the Internal Revenue Service or other authorized agency for approval under the applicable provisions of the Internal Revenue Code so that all contributions of Producers thereto will qualify for deduction by the Producers for tax purposes and the Health Fund will retain its tax-exempt status, and in the event of failure to obtain approval of the Health Benefit Plan as so qualified under said Internal Revenue Code the Trustees shall immediately, and retroactively if necessary, make such revisions as are necessary to obtain such approval.