Common use of 205 UPM/Producer Clause in Contracts

205 UPM/Producer. Employer shall make pension and health contributions on behalf of any Unit Production Manager who is also employed as a producer based on the salary paid for Unit Production Manager services, but in no event shall contributions be made on an amount less than the total salary paid for all services on the Picture, or $100,000, whichever is less. In the event the salary for Unit Production Manager services only exceeds $100,000, Employer shall pay contributions on the actual Unit Production Manager salary. This provision shall not apply to a Unit Production Manager who is also a “Principal” of the Employer, as defined below. If a Director is a “Principal” of the Employer as defined below, then the Director’s salary for purposes of pension and health contributions shall be the lesser of 2% of the Budget of the Picture or the Director’s actual salary. If a Unit Production Manager or Assistant Director is a "Principal" of the Employer as defined below, then any such Unit Production Manager’s or Assistant Director’s compensation for the purposes of pension and health contributions will be based on the lesser of the actual salary or the applicable salary level at Level 3, as defined herein. For example, if a Unit Production Manager on a Level 2 film is paid an amount that exceeds the Level 3 salary for a Unit Production Manager, the contributions shall be paid on an amount equivalent to the Level 3 Unit Production Manager salary. A Principal is defined as an individual who owns, or whose spouse, parent, sibling or lineal descendent owns, directly or indirectly, ten percent (10%) or more of the equity of the Employer (the “Principal”). I. Article 13-Minimum Salary Schedules and Working Conditions of UPMs and Assistant Directors, except as modified herein: Assistant Directors and Unit Production Managers shall be paid initial salary no less than fifty percent (50%) of the minimum weekly salaries in Paragraph 13-101(a) of the BA. Daily salaries shall be computed at one-fourth (1/4) the weekly rate. The salary for distant location shall be the same as the studio rate. A sixth or seventh day worked in a workweek shall be paid at straight time (i.e. one-fifth (1/5) of the weekly rate if a weekly Employee). The production fee for Unit Production Managers, First Assistant Directors, and Key Second Assistant Directors shall be $25.00 per week for either a 5-day or 6-day workweek; the daily production fee is $6 if employed on a daily basis. There shall be no Vacation Pay (4% per BA Article 13-601), Unworked Holiday Pay (3.719% per BA Article 13-115), Distant Location Allowance per BA Article 13-114, Wrap Supervision Allowance, or Completion of Assignment Pay (BA Articles 13-103 and 13-104). Assistant Directors and Unit Production Managers who work on a holiday (as specified in BA Article 13-113) shall be paid 200% of the daily rate; Employer may deduct a day’s pay from the weekly salary if an Assistant Director or Unit Production Manager does not work on a holiday that falls within that week. Any Second Assistant Director hired in addition to the Key Second Assistant Director may be paid no less than a discounted initial minimum salary equal to fifty percent (50%) of the minimum weekly salaries in Paragraph 13-101(a) of the BA for an Additional Second Assistant Director.

205 UPM/Producer. Employer shall make pension and health contributions on behalf of any Unit Production Manager who is also employed as a producer based on the salary paid for Unit Production Manager services, but in no event shall contributions be made on an amount less than the total salary paid for all services on the Picture, or $100,000125,000, whichever is less. In the event the salary for Unit Production Manager services only exceeds $100,000125,000, Employer shall pay contributions on the actual Unit Production Manager salary. This provision shall not apply to a Unit Production Manager who is also a “Principal” of the Employer, as defined below. If a Director is a “Principal” of the Employer as defined below, then the Director’s salary for purposes of pension and health contributions shall be the lesser of 2% of the Budget of the Picture or the Director’s actual salary. If a Unit Production Manager or Assistant Director is a "Principal" of the Employer as defined below, then any such Unit Production Manager’s or Assistant Director’s compensation for the purposes of pension and health contributions will be based on the lesser of the actual salary or the applicable salary level at Level 3, as defined herein. For example, if a Unit Production Manager on a Level 2 film is paid an amount that exceeds the Level 3 salary for a Unit Production Manager, the contributions shall be paid on an amount equivalent to the Level 3 Unit Production Manager salary. A Principal is defined as an individual who owns, or whose spouse, parent, sibling or lineal descendent owns, directly or indirectly, ten percent (10%) or more of the equity of the Employer (the “Principal”).. SAMPLE I. Article 13-Minimum Salary Schedules and Working Conditions of UPMs and Assistant Directors, except as modified herein: Assistant Directors and Unit Production Managers shall be paid initial salary no less than fifty percent (50%) of the minimum weekly salaries in Paragraph 13-101(a) of the BA. Daily salaries shall be computed at one-fourth (1/4) the weekly rate. The salary for distant location shall be the same as the studio rate. A sixth or seventh day worked in a workweek shall be paid at straight time (i.e. one-fifth (1/5) of the weekly rate if a weekly Employee). The production fee for Unit Production Managers, First Assistant Directors, and Key Second Assistant Directors shall be $25.00 per week for either a 5-day or 6-day workweek; the daily production fee is $6 if employed on a daily basis. There shall be no Vacation Pay (4% per BA Article 13-601), Unworked Holiday Pay (3.719% per BA Article 13-115; 4.583% effective January 1, 2024), Distant Location Allowance per BA Article 13-114, Wrap Supervision Allowance, or Completion of Assignment Pay (BA Articles 13-103 and 13-104). Assistant Directors and Unit Production Managers who work on a holiday (as specified in BA Article 13-113) shall be paid 200% of the daily rate; Employer may deduct a day’s pay from the weekly salary if an Assistant Director or Unit Production Manager does not work on a holiday that falls within that week. Any Second Assistant Director hired in addition to the Key Second Assistant Director may be paid no less than a discounted initial minimum salary equal to fifty percent (50%) of the minimum weekly salaries in Paragraph 13-101(a) of the BA for an Additional Second Assistant Director.