Official Rules, Guidelines & Procedures
IBEW Local 43 - Scholarship Fund
The IBEW Local 43 Scholarship Fund (hereafter called the “Fund”) shall continue the purposes
for which it was formed as approved by the By-Laws of Local Union 43, IBEW (hereafter called “LU”).
Through the President of Local Union 43, a scholarship committee (hereafter called the “Committee”)
has been established and hereby sets forth the following amended rules, guidelines and procedures
to become effective January 1, 2017.
ARTICLE I. ADMINISTRATION
Section 1. Committee Responsibilities:
The Committee shall be responsible to:
- establish and maintain the rules governing the awarding of scholarships;
- determine the amount of awards to be given on an annual basis;
- direct and oversee all operations involved in seeking and screening applicants;
- be the final arbitrator of the rules regarding the scholarship awards and award recipients.
Section 2. Local Union Responsibilities:
The office of the LU shall be responsible for:
- payment of applicable expenses, from the Fund, for costs incurred in its administration;
- reporting to the Committee and/or administrative firm as to the status of the Fund in a timely manner;
- payment of awards at the Committee's discretion
- ensuring all eligible members of the LU are notified of the existence of the Fund on an annual basis;
- supplying to the administrative agency a list of all members (including last known mailing address) who meet the minimum eligibility requirements.
Section 3. Administrative Firm Responsibilities:
The Committee has determined that the goal of fairness will best be served by placing the responsibility for certain duties in the hands of an outside administrative firm familiar with these procedures. Said firm will be responsible to:
- distribute and collect applications and screen same, in accordance with the rules established in these procedures;
- handle and process all correspondence with applicants and award recipients as so delegated by the Local Union or Committee;
- supply the Committee with status reports on activities;
- supply the Local Union with a list of award candidates who, in their judgment, meet all award requirements;
- verify, by any means necessary, that an awardee is maintaining his/her eligible status, if so directed by the Committee.
ARTICLE II. NOTIFICATIONS
Section 1. Local Union Responsibilities:
The LU shall be responsible to:
- supply current mailing information or labels for all eligible members as requested by the administrative firm;
- make the best possible effort to notify all eligible members of the rules of eligibility and the way in which application information is obtained. Such notification efforts shall be conducted and concluded in the month of January each year if at all possible.
- inform all award recipients of their awards, and the amounts thereof, in July of each year.
Section 2. Administrative Firm Responsibilities:
The outside administrative firm shall be responsible to:
- accept application requests from interested parties until the specified deadline;
- distribute application packets to members, spouses and their dependents, in accordance with a list of eligible members supplied by the LU. All others will be informed of their ineligibility, appeals being referred to the Committee.
- distribute such notices and reminders as may be deemed appropriate to the goal of completing all application packets by the appropriate deadline dates;
- issue such other notifications as are necessary for award renewal, verification of enrollment, receipt of transcripts, proof of dependency, etc.;
- review all appeals and other correspondence related to the Scholarship Program;
- work with the Committee to ensure that the Rules are maintained and best serve the purpose for which the Fund was created.
ARTICLE III. APPLICATION PROCESS
Section 1. Application Requests:
Applications must be requested, in writing using the appropriate form, from the outside administrative firm. Application requests must be received by the administrative firm no later than March 1 of the year for which application is being made. A postmark date of the last day of February or earlier will be accepted to allow for mailing delays beyond the applicants control.
Section 2. Applicant / Member Responsibilities:
Individual applicants and / or eligible members will be responsible to:
- submit the completed application, transcripts, recommendations and any other personal data deemed necessary and appropriate by the Committee for screening purposes, to the Committee's agent by the deadlines as established.
- strictly meet all deadlines as defined in the application packet or other notices.
- Hand delivery on or postmark one day prior to the dates stated will be acceptable.
- Leniency in the case of third party involvement, such as transcripts and recommendations, shall be strictly at the discretion of the Committee.
- provide proof of eligible status as required.
- In the case of membership, LU records will be accepted.
- In the case of a spouse, a marriage license may be required.
- In the case of a dependent, a copy of the member's Federal tax return for the year prior to the award year must be submitted. This copy must include the heading and appropriate dependent declaration lines (no financial information is required).
- submit a signed statement, as part of the application or renewal, attesting to the truthfulness of all information presented.
Section 3. Application Deadlines:
Completed applications must be submitted to and received by the Fund's agent no later than May 1 of the award year. All other required, supporting documents must be received by the Fund's agent no later than November 1 of the award year to be eligible for the first semester payment period and no later than April 1 of the award year for the second semester payment period. Applications and/or supporting documents which are received late or are incomplete as of these deadline dates will be considered void and the applicant/recipient considered ineligible. A postmark date of one day prior to the deadline date or earlier will be accepted to allow for mailing delays beyond the applicants control.
ARTICLE IV. ELIGIBILITY
Section 1. First-time Applicants:
Initial eligibility requirements are as follows. First time applicants must:
- be an "A" member of IBEW Local 43 who:
- is currently in good standing, with continuous “A” membership in the IBEW1 for a minimum of five full years immediately preceding the May 1 application deadline; and
- has worked at least five years of “covered employment” through the IBEW2 in the jurisdiction of IBEW Local 43 within the ten years immediately preceding the application deadline; and
- is not indebted to the Fund for repayment of awards; and
- has not previously submitted false information during the application and/or renewal process.
or be the spouse or dependent child3 of such a member (as defined by the IRS on the Federal income tax return);
or, in the event of divorce, be the biological child of such a member and be a dependent of said member’s ex-spouse (once again as defined by the IRS on the Federal income tax return); and
- be enrolled or plan to enroll in a full time (minimum course load of 12 hours), undergraduate program at an accredited two or four year college or university for the year for which application is being made; and
- complete all application documents and meet all application deadlines to the satisfaction of the Committee and its outside agent; and
- sign, along with the qualifying member, a Scholarship Loan Agreement (here after called the Agreement) between themselves and the Fund.
1 Note: Membership status shall be determined using all applicable rules contained in the IBEW Constitution and the IBEW Local Union 43 By-Laws.
2 Note: Working “covered employment” shall mean working for a signatory employer in a bargaining unit position and paying the required working assessment to Local Union 43. Exceptions may be allowed in the case of severe unemployment within the Local 43 jurisdiction which caused out-of-town work.
3Note: A dependent child must be under the age of 24 on January 1 preceding the award year.
Section 2. Renewal Applicants:
Renewal applicants (except as described in Sections 3 & 4 of this Article below) must meet all of the requirements listed above for first time applicants plus they must:
- maintain, on an annual basis, a minimum grade point average of 2.0 on a 4.0 scale and provide to the Committee's agent transcripts verifying same as they become available; and
- have maintained full-time enrollment status during any previous years for which awards have been granted or have been reinstated by the Committee.
Section 3. Dependants of Deceased Member:
In the case of the death of a member with a spouse or dependent receiving or applying for an award at the time of the member’s death, the membership requirement will be waived for the spouse or eligible child of such a disabled member for the balance of the recipient’s maximum award period provided:
- the applicant/recipient does not incur a break in his/her eligibility for any other reason during the remainder of the maximum award period; and
- the applicant/recipient had been declared eligible by the Fund’s agent and/or Committee and met all of the other deadlines and requirements prior to the death of the member.
These conditions in no way impact the eligibility of a spouse or dependent child of a deceased member who died at any time prior to the application process beginning for said dependent.
Section 4. Dependants of Disabled Member:
If a member becomes disabled and qualifies for a Social Security Disability award and the IBEW Disability pension and that member or his/her spouse or dependent are receiving or applying for an award at the time of the member’s disability award, the membership requirement will be waived for the spouse or eligible child of such a deceased member for the balance of the recipient’s maximum award period provided:
- the applicant/recipient does not incur a break in his/her eligibility for any other reason during the remainder of the maximum award period; and
- the applicant/recipient had been declared eligible by the Fund’s agent and/or Committee and met all of the other deadlines and requirements prior to the time of the disability award.
These conditions in no way impact the eligibility of an applicant beginning the application process at any time after the member’s disability award.
Section 5. Break in Eligibility:
An applicant/recipient becomes ineligible for awards or payments if:
- he/she fails to submit any required documents by the submission deadlines listed within these rules; or
- he/she fails to maintain a 2.0 grade point average on a cumulative basis, reviewed annually; or
- he/she fails to maintain full-time status by having a course load of less than 12 hours in any semester for which an award has been given3, or
- he/she is not the qualified member or his/her spouse and reaches the age of twenty-four or ceases to be a dependent (i.e. - marriage). This type of eligibility loss does not apply to the award year in which the age is reached or dependent status changes but rather applies to the renewal application process after the status change.
- the qualifying member fails to maintain “A” membership in good standing with IBEW Local 43 (except through death which is covered in Section 3 of this Article); or
- it is determined that false information was submitted during the application and/or renewal process in order to establish eligibility which would otherwise have been denied.
3Note: If a recipient maintains a course load of at least twelve (12) hours but does not receive at least twelve credit hours for completion of said course load, the Committee may investigate this to determine if it was an attempt to circumvent the full-time status requirement. If the Committee rules it was such an attempt, the recipient is disqualified.
Section 6. Reinstatement:
- Reinstatement to eligible status of someone who has become disqualified because of failure to maintain a full-time course load is at the discretion of the Committee provided the person meets these basic criteria. Where applicable, he/she must:
- submit written notice of the change in status to the Committee before any subsequent awards are accepted; and
- reimburse the Fund for the full amount of the award for any period during which they became ineligible and received an award; and
- refuse any subsequent awards or disbursements from the Fund until written notice is received from the Committee or its agent that eligibility is restored; and
- continue to satisfy all eligibility criteria.
If a disqualification because of failure to maintain a full-time course load occurs in the second semester of an award year, it applies only to the second payment of the award period. The first installment of the award need not be returned under these circumstances. If this type of disqualification occurs during the first semester, it shall apply only to that semester provided the recipient satisfies the above criteria for reinstatement prior to the second semester award being accepted. Should this criterion not be satisfied and the Committee learns of the disqualification through other means after the acceptance of the second semester award, the disqualification shall apply to the entire award year and the participant must repay the entire, two semester amount.
- Renewal applicants who become ineligible for the first semester payment solely due to having a cumulative average below 2.0, as stated in Section 4, Item B above, shall be reinstated to eligible status and allowed to receive the second semester award provided he/she:
- has filed all required documents by the established deadlines (including original transcript showing average less than 2.0); and
- was determined to be eligible for the first semester payment period by all criteria other than grades; and
- submits a transcript at the completion of the first semester showing 2.0 cumulative average or higher; and
- continues to satisfy all eligibility criteria.
- Applicants who are declared ineligible due to the submission of false information during the application and/or renewal process (in order to establish eligibility which would otherwise have been denied) must repay any and all award amounts which were received as a result of this false information. Furthermore, he/she shall not be reinstated to eligible status.
Section 7. Appeals:
Eligibility determinations may be appealed, in writing, to:
Local 43 Scholarship Appeals Committee
c/o Membership Services
P.O. Box 1032
Oswego, NY 13126
The Committee will address such appeals as schedules permit and its decision will be forwarded to the appellant, in writing.
Section 8. Verifications:
The Committee may, at any time, require verification of compliance to eligibility criteria. These verifications may be done by the Committee, its administrative firm or any other auditing agency which the Committee chooses, including the Internal Revenue Service. These verifications may be random or “for cause”.
ARTICLE V. AWARD REPAYMENT AGREEMENT
All eligible participants must sign an AWARD REPAYMENT AGREEMENT before they can begin receiving awards. If the participant is a spouse or dependent of an eligible member, the member must also sign the Agreement as a guarantee.
This Agreement shall state that if the award recipient becomes ineligible for any of the reasons listed below, during a semester for which an award was received, he/she shall be obligated to repay the applicable award amount to the Fund. Failure to repay the award amount under the agreed terms will result in the signatory member being declared ineligible for future awards. Default could also result in collection through legal means.
Repayment situations include but are not limited to:
- the participant fails to maintain full-time status as defined in these rules, during a semester for which an award was received.
- the member fails to maintain his/her membership in good standing in IBEW Local 43.
- false information was submitted during the application and/or renewal process in order to establish eligibility which would otherwise have been denied.
ARTICLE VI. AWARDS
Section 1. Amounts:
Award amounts will be determined by the Committee. In calculating award amounts the Committee will consider the following:
- Total interest earned annually on the two million dollar principal in the Fund. Under no circumstances may this $2,000,000.00 principle be used for awards or expenses.
- Total annual expenses (actual and anticipated) incurred by the Fund.
- Possible unexpected expenses and fees to the Fund.
- Number of eligible applicants for the upcoming year.
- No award amount will exceed five thousand dollars ($5,000.00) per award year.
Section 2. Installments:
Awards will be granted on an annual basis with payments being made in two installments. Receipt of the first installment does not guarantee the recipient will receive the second installment. All eligibility requirements must continue to be met and verified for the second installment to be paid. For example, anyone not remaining a full-time student during the entire first semester will not be eligible for the second installment unless he/she has been reinstated per Article IV, Section 6. Furthermore, the student will be obligated to repay the Fund the full amount of the first installment. If, however, the student completes the first semester as a full-time student but does not enroll as a full-time student for the second semester, or drops from this status before completion of the semester, he/she is not eligible for the second installment but the first installment need not be repaid.
Section 3. Payments:
The award payment schedule will be as follows:
- The first installment will be paid to the student after all proof of eligibility has been received by the Committee's agent but no sooner than August 15 of the award year.
- The second installment will be paid no sooner than January 15 of the award year but, again, not until the Committee's agent has received all necessary proof of eligibility.
- No awards will be made until a signed Scholarship Loan Agreement is received by the Committee.
Section 4. Total Awards:
A student shall be eligible for a maximum of eight award payments. If a student becomes ineligible and makes the required repayment in full to the Fund, this repaid award payment will not count towards his/her total.
ARTICLE VII. REPAYMENTS
Section 1. Amounts:
Certain disqualification circumstances demand repayment of awards already received. These includes but may not be limited to:
- the recipient fails to maintain full-time status by having a course load of less than 12 hours in any semester for which an award has been given; or
- the qualifying member fails to maintain "A" membership in good standing with IBEW Local 43 (except through death or disability which are covered in Sections 3 and 4 of this Article); or
- false information was submitted during the application and/or renewal process in order to establish eligibility which would otherwise have been denied.
When a repayment is required, a check for the amount determined by the Committee and these rules should be made payable to
IBEW Local 43 Scholarship Fund and sent to the following address. Correspondence must include the recipient’s name and the semester(s) to which the repayment applies. Mail to:
IBEW Local 43 Scholarship Fund
c/o Membership Services
P.O. Box 1032
Oswego, NY 13126
ARTICLE VIII. GENERAL RULES
Section 1. Amounts:
The LU reserves the right to use any and all information received by the Committee or its agent for any other activities of the LU or its Benefit Trust Funds.
ARTICLE IX. AMENDMENTS
The Committee reserves the right to review and amend these rules as it deems necessary.
In the case of an amendment to the rules which changes eligibility requirements, any
student who is receiving an award or who has begun the application process4 under
the old rules, will be allowed to continue their eligibility under the old rules for the balance
of the recipient’s maximum award period, provided the applicant/recipient does not
incur a break in his/her eligibility (see Article IV, Section 4) during the remainder
of that award period. These conditions in no way impact the eligibility of a member,
his/her spouse or dependent child who has not yet begun the application or renewal
process prior to the rules change.
4Note: An applicant is deemed to have begun the application process provided an application request card for the up-coming award year has been received by the administrative firm prior to the rule change.