This usually covers the basics like wages, raises, processes for discipline and termination, safeguards against favoritism, scheduling, retirement benefits and health care, and more. The United Food and Commercial Workers Union is North Americas largest and strongest private sector union. ERISA comprehensively addresses how withdrawal liability may be determined and provides four statutory methods for calculating withdrawal liability. Rubber Associates rejected this proposal and unilaterally imposed its final offer in May 2008. hQk0}I)d}R0A|H2d[o-/3`C? The MPPAA provides that once a fund determines that an employer has withdrawn from its plan, the fund must notify the employer of the amount of the liability, prepare a schedule for liability payments, and demand payment in accordance with the schedule. DiGeronimo, 763 F.3d at 510 (citing 29 U.S.C. Those who do not have an Hour of Service on or after November 1, 2016, or who Despite its ultimate recommendation that Congress take no action on this matter, the PBGC suggested rules for Congress to enact if it nonetheless decided to legislate special rules for union-mandated withdrawals. at 33. It is important to know who the stewards are at your workplace so you know who to turn to if you have any questions or concerns. Laborers Pension Trust, 508 U.S. 602, 60509, 113 S.Ct. Congress commissioned the Report and heeded its recommendation not to act. The PBGC conclude[d] that a union-mandated withdrawal occurs in only the rarest of circumstances, and that any effect that such a withdrawal would have is minuscule when compared to the many thousands of ongoing collective bargaining relationships that are at work in the multiemployer pension plan setting. Id. Rubber Associates next argues that even though Congress failed to take action based on the Report, this was because no true union-mandated withdrawal had occurred at the time the Report was issued. Appellant Br. The text of ERISA plainly defines withdrawal liability and addresses the issue of withdrawal liability, 29 U.S.C. As part of the MPPAA, Congress directed the PBGC to study and report on the necessity of adopting special rules in cases of union-mandated withdrawal from a multiemployer pension plan. DE 52, PBGC Report at 1, Page ID 88. Legal Disclaimer Attention! Get the full list, Youre viewing 5 of 11 team members. In late 2006 or early 2007, Rubber Associates and the Union began negotiations for a new CBA. 5. UFCW Unions & Employers Health & Welfare Fund Atlanta ("Atlanta Fund") is located in Atlanta, Georgia. This is a profile preview from the PitchBook Platform. After the United Food and Commercial Workers Union (the Union) disclaimed interest in representing the company's employees, Rubber Associates was deemed to have withdrawn from the Fund, pursuant to the Multiemployer Pension Protection Amendments Act of 1980 (MPPAA). Id. Even if ERISA's failure to provide a remedy for the special subset of complete withdrawals at issue in this case could be described as a gap in the statutory scheme, there is no reason to believe the gap is awkward. Local 60682, 342 F.3d at 610; see also Bd. NF0 #&JY#V Box 3891 Oak Brook, IL 60522-3891 Fax Number (312) 329-7923 Email Inquiries The Union responded with its final offer, which included a $1,000 signing bonus and wage increases for some employees. %PDF-1.6 % Rubber Associates first contends that ERISA is completely silent on the issue of union-mandated withdrawals. Appellant Br. If you need assistance with your retirement benefits, please contact us at (800) 531-2385. 2 UNITED FOOD & COMMERCIAL WORKERS DISTRICT UNION PENSION PLAN CURRENT PLAN HIGHLIGHTS The amounts of benefits (and the eligibility conditions) outlined in the Plan Highlights are for Participants with at least an Hour of Service on or after November 1, 2016. Estimate your retirement income and explore payment options for any projected future retirement date. The Union did not recommend the contract and authorized a strike.1. The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. O z^!&M9GS=/@ L~$Wkf%k ftypjp2 jp2 jpxbjpx rreq @ . If you arent sure, you can call your local union office and they will help you find out who to talk to. 3085, 87 L.Ed.2d 96 (1985) (We are reluctant to tamper with an enforcement scheme crafted with such evident care as the one in ERISA.). UFCW Union Local 1995 and Employers Health & Welfare Fund is located in Atlanta, Georgia. A Ua`q(:3(HM \z_{}et o&K(LXA Z6{klbaz\%uadfYRFrJK}jyqshHH~MfjX@2DRg,C}c}%ZD5dW&6 Sb>1JyF2 United Food & Commercial Workers Union Employer Pension Fund (UFCW Union Employer Pension Fund) is a union pension fund based in Broadview Heights, Ohio. O ?$ The test for creating federal common law under ERISA, however, does not ask whether policy goals would be eroded, but rather whether federal common law is essential to the promotion of fundamental ERISA policies. DiGeronimo, 763 F.3d at 511 (emphasis added). For Members - The United Food & Commercial Workers International Union United Food and Commercial Workers - Wikipedia We decline to tamper with this calculation scheme because Congress has expressly enacted specified statutory methods for the calculation of withdrawal liability. %%EOF Home - The United Food & Commercial Workers International Union | The United Food & Commercial Workers International Union How We Make Work Better How to get better wages and benefits Work-Life Balance Fair scheduling and leave Access to affordable health care Workplace safety & keeping workers safe Right to work laws vs real job security at 17. 5O:N Find your local union - The United Food & Commercial Workers International Union | The United Food & Commercial Workers International Union Start a Union Members Find your local union The UFCW has local union offices all across the contiguous United States, Alaska, Hawaii, Puerto Rico, and Canada. Learn more here. In response, Congress eventually enacted the MPPAA. Find your local union - The United Food & Commercial Workers Learn more about FindLaws newsletters, including our terms of use and privacy policy. The UFCW is made up of 1.4 million members people working together to improve their lives and their future. The assets of the pension fund are managed by the executive management team. at 2829. endstream endobj 26 0 obj <>stream WASHINGTON, DC 20006, Source: Office of Labor-Management Standards, Year Covered: 2019 Last Updated: April 8th, 2021, Source: Office of Labor Management Standards, See All Employees' Compensation and Salary History. All rights reserved. Copyright 2023Present The United Food and Commercial Workers International Union (UFCW). of W. Conference of Teamsters Pension Trust Fund v. Thompson Bldg. Each UFCW member belongs to a local union that serves their specific area. Council efforts build stronger communities, safer workplaces and a brighter future for workers and their families across North America. The Center for Union Facts is a 501(c)(3) nonprofit organization that fights for transparency and accountability in Americas labor movement. 1723, 64 L.Ed.2d 354 (1980)). The UFCW Participant Portal is officially open! ]yE($'u Jackson v. Sedgwick Claims Mgmt. at 22. Are you and your coworkers ready to negotiate together for bigger paychecks, stronger benefits and better lives? Holding that an employer is entitled to equitable relief when faced with a union-mandated withdrawal is not essential to promote the fundamental policy of ERISA: ensuring that private-sector workers would receive the pensions that their employers have promised them. DiGeronimo, 763 F.3d at 513 (citing Concrete Pipe & Prods. Each UFCW member belongs to a local union that serves their specific area. 981, 130 L.Ed.2d 932 (1995)). 5:14cv183, 2015 WL 778781, at *4 (N.D.Ohio Feb.24, 2015). Keep an eye out for our new Participant Portal where you will be able to access more personalized information about your benefits. I{u\l]7P6#=S9dtMF`7 /` h24P0PwqH)BDKP5/9?%3/pqsO ( @&G%$9% E9)vv -d Stay up-to-date with how the law affects your life. The assets of the pension fund are managed by the executive management team. Congress enacted ERISA to ensure that if a worker has been promised a defined pension benefit upon retirementand if he has fulfilled whatever conditions are required to obtain a vested benefithe actually will receive it. Id. My Pensions - United Food & Commercial Workers Union Local 1996 Instead of wondering what I would do to pay the bills, my local worked with me, they fought for me. UFCW Unions and Employers Benefits Administration, LLC. A union contract is an agreement between the employer and the union, and has been voted on and accepted by the majority of the union membership covered by the contract. For the first five, OLMS requires unions to provide detailed information on any recipient that received more than $5,000 per year. hb```a``f`f B@9f @AI!da`I`ee&{z&1?@$9XC\ Likewise, Rubber Associates' predictive chain of events (i.e., that unions will force more union-mandated withdrawals, which will discourage employers from entering into or staying in multiemployer plans, and therefore plans will be worse off financially), does not address how the policy of ERISA will be promoted by creating special liability calculations for union-mandated withdrawals. Rubber Associates then sought arbitration of its claims pursuant to 29 U.S.C. Congress's failure to provide a special remedy for a subset of complete withdrawals does not evince silence on the issue, and Rubber Associates' argument in this regard is misplaced.4. There is no formal system for identifying all pension funds associated with a union. See Mass. The Fund calculated Rubber Associates' withdrawal liability in accordance with the MPPAA's presumptive method, and the parties agree that, if the presumptive method is to be applied, the Fund accurately calculated Rubber Associates' withdrawal liability. LMRDA & Other Federal Employment and Labor Laws. Co., 32 F.3d 220, 225 (6th Cir.1994)). M (_"8P$GX'_@q u(pzt9*KJ:(.h The PBGC complied, and in 1991 issued its study on union-mandated withdrawals (the Report).2 The Report stated that a complete withdrawal occurs when an employer permanently ceases to have an obligation to contribute under the plan or permanently ceases all covered operations under the plan. Id. 'https://':'http://') + 'secure.wufoo.com/scripts/embed/form.js'; s.onload = s.onreadystatechange = function() { var rs = this.readyState; if (rs) if (rs != 'complete') if (rs != 'loaded') return; try { xti77mu0yuyuar = new WufooForm(); xti77mu0yuyuar.initialize(options); xti77mu0yuyuar.display(); } catch (e) { } }; var scr = d.getElementsByTagName(t)[0], par = scr.parentNode; par.insertBefore(s, scr); })(document, 'script'); All hours are EST for New Jersey office and PST for California office. Quite simply, Rubber Associates overreaches on this point. In sum, allowing employers to reduce or eliminate their withdrawal liability is unrelated to the purpose of the MPPAA, which Congress designed to protect multiemployer plan beneficiaries by providing contributing employers with an incentive to remain in financially unstable plans rather than immediately withdrawing from such plans. DiGeronimo, 763 F.3d at 512 (citing Milwaukee Brewery Workers' Pension Plan v. Joseph Schlitz Brewing Co., 513 U.S. 414, 41617, 115 S.Ct. at 13, Page ID 100. 289 0 obj <>/Filter/FlateDecode/ID[<5217F1833AB74FD0B0B4396888253D80>]/Index[282 10]/Info 281 0 R/Length 47/Prev 662230/Root 283 0 R/Size 292/Type/XRef/W[1 2 0]>>stream In a 63 decision released on June 24, 2022, Dobbs v. Jackson Womens Health Organization, the Supreme Court majority overturned Roe v. Wade, holding that the authority to regulate abortion belongs to the states and not the federal government. Meat Cutters Pension Fund Address: PO BOX 6000. at 723. Section 1451(a) provides that [a] plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan, or an employee organization which represents such a plan participant or beneficiary for purposes of collective bargaining, may bring an action for appropriate legal or equitable relief, or both. However, the Fund does not dispute standing, and as recognized by the district court, Statutory standing does not confer a substantive right. Rubber Associates, 2015 WL 778781, at *7. 29 U.S.C. One of our major strengths is our ability to listen to your needs and design benefit packages that create solutions where none seem to exist. P L \Dl))c?LE@67f&`e!N The Office of Labor-Management Standards (OLMS) requires unions to report how they spent their money in a number of categories. With minor exceptions a plan determines the amount of unfunded vested benefits allocable to a withdrawing employer in accordance with the presumptive method, unless the plan is amended to adopt an alternative allocative method, which [g]enerally, the PBGC must approve. 29 C.F.R. 35 0 obj <>/Filter/FlateDecode/ID[<7C696E16A7964E82B88CB654B480D139>]/Index[22 22]/Info 21 0 R/Length 72/Prev 1570117/Root 23 0 R/Size 44/Type/XRef/W[1 2 1]>>stream The Union acted unilaterally in disclaiming interest without any involvement by Rubber Associates. During the strike, the Union filed several unfair labor practice charges with the National Labor Relations Board (NLRB). The Southern California United Food & Commercial Workers Unions and Food Employers Pension Fund and the United Food & Commercial Workers Unions and Food Employers Benefit Fund (the "Funds") were created more than 40 years ago, as a result of collective bargaining between the Southern California Retail Food Employers and the Southern California UFCW Union Locals. And [w]here ERISA allows for recovery on an issue under some but not all circumstances, ERISA is not silent on that issue. Girls Scouts of Middle Tenn., Inc. v. Girl Scouts of U.S .A., 770 F.3d 414, 421 (6th Cir.2014) (citing Local 60682, 342 F.3d at 609). 43 0 obj <>stream 4211.1(a). Apparently, the object forbidden by the law in this case was the deprivation of Rubber Associates' legal right to continue participating in the Fund. Id. at 509 (quoting Nachman Corp. v. Pension Benefit Guar. Materials, Inc., 749 F.2d 1396, 1407 (9th Cir.1984) (Congress reasonably might have assumed union-forced withdrawals would be rare and should be treated no differently from other business risks.). 291 0 obj <>stream UFCW Unions and Employers Benefits Administration, LLC. United Food & Commercial Workers Union Employer Pension Fund, Youre viewing 5 of 45 commitments. The Fund's assets are invested in the stock market and other investments, and after the stock market crash in 2008 and subsequent recession, the Fund's assets declined and its finances went into critical zone or red zone. DE 232, Day Two Arbitration Tr. HWnF}cR}(6(HUbZ],Eu3s~-QfL7p&~[//_lDj)%*r.{fx;+=;O9]&4)oL%MG5I- Allowing employers to reduce or eliminate their withdrawal liability even when faced with a union-mandated withdrawal is not essential to the promotion of fundamental ERISA policies. LEARN MORE UFCW Unions and Employers Legal Assistance Fund Although the Sixth Circuit in Findlay Truck Line, Inc. v. Central States, Southeast & Southwest Areas Pension Fund, 726 F.3d 738, 755 (6th Cir.2013), cited the Report, it did so only to borrow the PBGC's definition of a union-mandated withdrawal. Pursuant to a series of collective bargaining agreements (CBAs) with the Union, Rubber Associates was a contributing employer to the Fund. Contact 1 800 531 2385 In addition, following sp&c arrangements shall apply. Copyright 2023Present The United Food and Commercial Workers International Union (UFCW). Our Executive Team brings a wealth of experience and leadership to the day-to-day operations of UFCW Unions & Employers Benefits Administration, LLC. The strength of our union is our members, and the UFCW is committed to improving their lives every single day. Rubber Associates withdrew its proposal for the 30cent rate and agreed to maintain its previous contribution rate of 62 cents, which the Union accepted. Corp. v. R.A. Gray & Co., 467 U.S. 717, 720, 104 S.Ct. Source: National Institute on Money in State Politics by way of Transparency Data. The Fund Office is proud to support these loyal, hard-working participants that are responsible for our growth and progress. The Court majority found Lets say your child broke her arm and you head to the emergency room. The pension fund provides retirement, disability, and death benefits to employee-members and beneficiaries. For eligible members: UFCW Union-Industry Pension Fund. Rubber Associates counterclaimed on the basis that because its withdrawal from the Fund was union-mandated, its withdrawal liability should be calculated by an alternate method, making its liability only $312,000. Currently there are approximately 86,000 active participants and 89,951 term-vested participants. PitchBook provides insight into a limited partners preferred investments, including actual and target allocations by strategy, secondary market preferences and interest in first-time funds. N 7|p AoO !kdgH8DIVt}0O These purposes would not be fulfilled by allowing employers to seek equitable relief from their withdrawal liability, even in the event of a union-mandated withdrawal. Stewards also make sure their coworkers know what the benefits and policies the UFCW has worked out with the company are and welcome new members. UNITED FOOD AND COMMERCIAL WORKERS UNION EMPLOYER PENSION FUND v Southern California United Food & Commercial Workers Unions and Food Employers Joint Benefit Funds Administration, LLC New Delta Dental PPO Plan Coming - Click here for more information About the Fund Contact Us My Portal Health Care Health Care Benefits Active Participants Plan Benefits Charts Platinum Plus Plan A Platinum Plus Plan B Rubber Associates' counterclaim must contain either direct or inferential allegations respecting all material elements to sustain a recovery under some viable legal theory. DiGeronimo Aggregates, LLC v. Zemla, 763 F.3d 506, 509 (6th Cir.2014), cert. -jp2h ihdr colr jp2cOQ ) R \ #B@ H H P H H P H H P H H P H H P Investigations may involve civil matters (such as an election of union officers) or criminal matters (such as embezzlement of union funds). United Food & Commercial Workers Union Employer Pension Fund (UFCW Union Employer Pension Fund) is a union pension fund based in Broadview Heights, Ohio. UFCW Local 1262. Treating its factual allegations as true and assuming that collusion would justify equitable relief, Rubber Associates has simply failed to allege collusion and self-dealing. Had Congress intended to create equitable relief for a union-mandated withdrawal, it certainly knew how to do sothe Report suggests possible rules for union-mandated withdrawals. g@xrJtrZ@-A-/Cfsk  n{:c9X}}mm'vf=t[=WQf}#wiY\nNd2EV^=\VQ4^j#"*5mX_++ //-f4)/LBs1`m9Bp_bOp$Hv)m%pi+aw")?U{RNhjbtj\~u#dGU4Cx1_MAkD*A%OE'F_$)kWF/`ARXirum Rubber Associates requested review of the withdrawal liability assessment and offered to resume making contributions to the Fund on November 1, 2010. United Food and Commercial Workers Unions & Employers Midwest Pension Fund The Fund initially calculated Rubber Associates' withdrawal liability as $1,707,116, which was eventually revised upward to $1,713,169, using ERISA's presumptive statutory method of allocating unfunded vested benefits to withdrawing employers. denied, U.S. , 135 S.Ct. Unlike Political Action Committees, which are strictly regulated by the Federal Election Commission, 527s are regulated by the IRS. Contact Information Atlanta Fund Anthem and Northside Negotiation Updates. The PBGC issued a report in 1978, finding that ERISA did not adequately protect plans from the adverse consequences that resulted when individual employers terminate their participation in, or withdraw from, multiemployer plans. Gray, 467 U.S. at 722. | 2<7n . r'^qU1}"{Q^`gv!5aw[-7-! 4. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. Established in 1960, the plan provides retirement benefits to eligible members of the UFCW. During negotiations, Rubber Associates proposed to the Union that it decrease its contribution rate to the Fund from 62 cents per hour to 30 cents per hour. Plan benefits are comprehensive; they cover legal services related to certain criminal and consumer actions. at 19, Page ID 3119. 4211.1(a). Use the Benefit Estimator as your personal retirement planning tool! Because such a remedy is not expressly available, and because ERISA and the MPPAA create a comprehensive legislative scheme governing contributing employers and multiemployer plans a strong presumption exists that Congress deliberately omitted the availability of such a remedy. DiGeronimo, 763 F.3d at 512. We agree with the district court that the factual allegations do not support Rubber Associates' claims of collusion and self-dealing, and so we decline to decide whether theories of collusion and self-dealing would justify equitable relief. at 1824, Page ID 10511. * ), 8(a)(3) Changes in Terms and Conditions of Employment, 8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes], 8(a)(5) Repudiation/Modification of Contract [Sec 8(d)/Unilateral Changes], 8(a)(1) Concerted Activities (Retaliation, Discharge, Discipline), 8(a)(1) Interrogation (including Polling), 8(b)(1)(A) Coercion, incl'g Statements and Violence, 8(b)(1)(A) Union Dues and/or Membership Related (including excessive fees), 8(a)(4) Changes in Terms and Conditions of Employment, Federal Mediation and Conciliation Service, Retail Sales / Distribution / Warehousing (Includes Food). Union objects to exclusive membership of Transnet pension fund Macys Workers in California Ratify a New Contract, Cannabis Workers in New Jersey Join Local 360, Farmers Markets Workers in the DMV Area Join Local 400. The Fund is governed by the board of Trustees comprised of both labor and management trustees. Although ERISA does not provide special rules for union-mandated withdrawals, ERISA does set forth a comprehensive framework for when and how funds must calculate withdrawal liability in the event of an employer's complete withdrawal. at 32 (quoting AAA Installers v. Sears Holdings Corp., 764 F.Supp.2d 931, 942 (S.D.Ohio 2011)). The parties agree that a complete withdrawal has happened in this case, and that ERISA and the MPPAA require a contributing employer to pay withdrawal liability upon its exit from a multiemployer pension plan. Have a question about the Covid-19 vaccine? With the enactment of ERISA in 1974, Congress created the Pension Benefit Guaranty Corporation (PBGC) to administer a plan termination insurance program. Some incidents may be accounted for in multiple categories. Http://www.UFCWNPF.org. 2. ? endstream endobj 287 0 obj <>stream N {'g-jVv NLT?kh,ki+$p1-O Insurance Email: insurancedepartment@ufcwemprfund.org, Pension Email: pensiondepartment@ufcwemprfund.org, Toll-Free: Pension Fund. Rubber Associates further asserts that it was subjected to a true union-mandated withdrawal yet has been unjustifiably left with no remedy in law or equity. Appellant Br. at 21. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. (1) Effective Febmary 1, 1993, the Company will contribute $.41 (forty one cents) per UFCW members are employed in many different industries, but concentrated in retail food, meatpacking, poultry, and other food processing industries. Because of our diversity, many of our members may be covered under different retirement funds. Unionized employees, business owners, managers, and others often bring labor law charges against unions. About the Fund 1401(a)(1). Secretary, Treasurer & Union Board Trustee, United Food and Commercial Workers Unions & Employers Midwest Pension Fund, Youre viewing 5 of 28 commitments. The district court dealt with this claim by finding that the factual allegations do not support a claim for relief and distinguishing Colteryahn from the instant case. When considering a motion to dismiss, this court must accept all well-pleaded factual allegations of the [counterclaim] as true and construe the [counterclaim] in the light most favorable to the [claimant]. Reilly v. Vadlamudi, 680 F.3d 617, 622 (6th Cir.2012) (quoting Dubay v. Wells, 506 F.3d 422, 426 (6th Cir.2007)). All rights reserved. Servs., Inc., 731 F.3d 556, 562 (6th Cir.2013) (en banc). zJDybv*Ly-%1W7$ * ,gqq~VzdTad^xV+;)B?&fW^%- YF8e1 980, 190 L.Ed.2d 835 (2015) (quoting HandyClay v. City of Memphis, 695 F.3d 531, 538 (6th Cir.2012)). Get the full list, Morningstar Institutional Equity Research. 29 U.S.C. 29 C.F.R. 1001(b) (emphasis added). PDF Soft Drink Workers Joint Local Executive Council of Ontario, of The You can print your 2022 1099-R tax form in the UFCW Participant Portal! Nat'l Ins. Rubber Associates appeals the district court's dismissal of its counterclaim. The local offices make up eight geographic regions- seven dividing up the United States and another region for Canada. Board Of Trustees Of Ufcw Tri-state Pension Fund: 32,482: 57.1: Ufcw Union & Partcipating Food Industry Employers Tri-state Pension Fund Board Of Trustees Of Ufcw Tri-state Pension Fund: 32,482: 57.1: Ufcw Union Local 919 & Contributing Employers' Food Pension Fund Ufcw Union Local 919 & Contributing Empl Pension Fund: 12,219: 112.3 This website has information on your Pension Fund and tips on how to get the most out of your benefits. All rights reserved. PitchBooks data visualizations help you see a limited partners commitmentsshowing a breakdown of activity by fund type and region, complete with performance metrics. Legal notice: Courts have enjoined non-Associate UFCW agents from entering Walmart property, except to shop, in AR, CO, FL, OH, TX, and MD and from doing non-shopping activity inside CA stores. 1-800-241-7701, UFCW Unions and Employers Legal Assistance Fund, UFCW Union Local 1995 and Employers Health and Welfare Fund, UFCW Unions and Employers Health and Welfare Fund - Atlanta. This website has information on how to get the most out of your benefits. For the following reasons, we affirm the district court's decision. UFCW Unions and Employers Benefits Administration, LLC. Thank you for being a part of the United Food and Commercial Workers International Union. The strength of our union is our members, and the UFCW is committed to improving their lives every []

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