March 2011


December International Executive
Council Meeting
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Minutes and Report of The International Executive Council's Regular Meeting

The regular meeting of the International Executive Council was called to order at 8:30 a.m., by Chairman Pierson, on Tuesday, December 14, 2010, in Washington, D.C. Other members of the Council in attendance were Lavin, Briegel, Calabro, Calvey, Clarke, Riley, Schoemehl, and Lucero.

International President Hill
International President Edwin D. Hill met with the members of the International Executive Council a number of times to discuss a variety of matters affecting all branches of the Brotherhood.

International Secretary-Treasuerer Lee
International Secretary-Treasurer Lindell Lee presented financial reports covering the IBEW Pension Fund and the Investment Portfolio of the Brotherhood—both in Canada and in the United States.

Legal Defense
Payments for legal defense, made from the General Fund, were examined and approved in accordance with the requirements of Article X, Section 1, of the IBEW Constitution.

Financial Reports
The International Secretary-Treasurer's reports for the various funds of the Brotherhood were presented to the members of the International Executive Council, examined and filed.

Per Capita Objection Plan and LM-2 Reports
Members of the council discussed and completed their individual IBEW Reporting Forms for the IBEW Per Capita Objection Plan.

Charges Filed with The International Executive Council Against
Chengad Sridhar, Retired Member of Local Union 3, IBEW, by
Steven Schwartz, Business Representative of Local Union 3, IBEW

On September 20, 2010, charges were filed with the International Executive Council against Chengad Sridhar, Card Number D835246, for violation of Article XI, Section 6 (d) of the IBEW Constitution, by Steven Schwartz, Card No. D273725, a business representative of IBEW Local Union 3, New York, New York.

After a thorough review of the facts, presented by the Hearing Officer, International Representative John E. Malagise, it is the determination of the International Executive Council that Brother Sridhar is guilty of the charges brought against him by Brother Schwartz, of violating Article XI, Section 6 (d) of the IBEW Constitution "Prohibition of Work." It is a condition for admission to pension benefits, including vested pension right and the continuation thereof, that the member shall not perform any work of any kind coming under the IBEW's jurisdiction either for compensation or gratis.

It is also the decision of the International Executive Council to order him to remit all PBF Pension Benefits that he has received since June 2010, until the present time, to International Secretary-Treasurer Lee. Furthermore, Brother Sridhar is directed to redeposit his membership card with Local Union 3, and to pay back per-capita payments.

Charges Filed with The International Executive Council Against
Arthur Cirimele, Retired Member of Local Union 6, IBEW, by
Michael Yarbrough, an Officer of Local Union 6, IBEW

On March 31, 2010, charges were filed with the International Executive Council against Arthur Cirimele, Card Number X85684, for violation of Article XXIV, Sections 2 & 5, Article XXV, Section 1(a),(f), and (g) of the IBEW Constitution, by Michael Yarbrough, Card No. D404305, an officer of IBEW Local Union 6, Martinez, California.

After a thorough review of the facts, presented by the Hearing Officer, International Representative Tim Dixon, it is the determination of the International Executive Council that Brother Cirimele is guilty of the charges brought against him by Brother Yarbrough, of violating Article XI, Section 6 (d) of the IBEW Constitution "Prohibition of Work." It is a condition for admission to pension benefits, including vested pension right and the continuation thereof, that the member shall not perform any work of any kind coming under the IBEW's jurisdiction either for compensation or gratis.

It is also the decision of the International Executive Council to order him to remit all PBF Pension Benefits that he has received since March 2007, until the present time, to International Secretary-Treasurer Lee. Furthermore, Brother Cirimele is directed to redeposit his membership card with Local Union 6, and to pay back per-capita payments.

International Executive Council Amendment to the Rules and Regulations, and the Summary Plan Description, of the IBEW Pension Benefit Fund
WHEREAS, the procedures used when a member who is receiving pension returns to work in the electrical industry without notifying the IBEW Pension Benefit Fund ("Fund") were recently modified by the International Executive Council ("IEC ") to permit the immediate suspension of the benefit; and

WHEREAS, the modified procedures, also established a two step process of action, first by the International Secretary-Treasurer ("I.S.T.") and second by the IEC ; and

WHEREAS, it has been determined that this two-step process is unnecessary, especially where charges are filed against the retired member under Article XI of the Constitution; and

WHEREAS, the IEC wishes to streamline the process while maintaining the original intent to suspend benefits in a timely manner.

NOW THEREFORE, for the reasons set forth above, the IEC hereby adopts the attached amended language to the SPD and Rules and Regulations on this 14th day of December 2010.

This amendment was adopted and signed by all members of the council. The original documentation, as well as the amended language, has been filed and properly recorded.

Staff Pension Plan Recommendations
The 2010 Actuarial Valuation Results, and Decisions Report, as prepared by actuary firm Cheiron, for the Officers, Representatives and Assistants Pension Plan and the Office Employees Pension Plan, were considered by the members of the council. After having deliberated on the recommendations presented, the members of the council concurred and adopted the actuarial recommendations.

Local Union(s) Under International Office Supervision
International President Hill advised the council members that there are no local unions, as of this meeting, under the supervision of the International Office.

Article XX and XXI Cases
There has been no activity under either Article XX or Article XXI.

Retirement of Office Employee Approved
Kathy Mangum, Secretary III, Grade 6
Membership Development Department—
Effective November 2, 2010

Total Questionable Disability Pensions Approved
 
Membership in L.U.
Sturgill, Robert H. Jr.
0024
Sherwood, Wayne L.
0115
Murphy, Thomas G.
2330
 
Applications for Vested Right to Pension Benefits Approved
 
Membership in L.U.
Vasilia, Peter L.
0441
Houle, Barbara J.
0577
 
Birth Date Changes
 
Membership in I.O.
Morton, James E.
0005
 
 
Membership in L.U.
Gutierrez, Jorge U.
0003
MacNeil, Clifford S.
0103
Frolick, James A.
0303
Strong, Robert L.
0424
Cross, Tom A.
0529
Franz, Edward F.
0530
Adams, Sonny
0570
Pyper, Edward
0804
Gray, Mark J.
0855
Snow, John R.
2330

The Next Regular International Council Meeting
This regularly scheduled meeting was adjourned on Wednesday, December 15, 2010, at 2:00 p.m. The next regular meeting of the International Executive Council will commence at 8:30 a.m., on Thursday, February 3, 2011, in Bonita Springs, Florida.

For the International Executive Council
Patrick Lavin, Secretary
December 2010

The IEC acted on numerous applications under the IBEW Pension Benefit fund. For a complete listing, consult www.ibew.org, clicking on the International Executive Council link on the "About Us" page.