Agenda - 12-07-2009 - 4g - Laserfiche WebLink

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37 (c) Participatiou in Legal Proceeclitrgr. The Emplo}=cr and Administrator shall not be obligated ro defend against or set aside an}= judgment, decree, or order described in paragraph (a} or an}=legal order relating to the garnishment of a Participant's benefits, unless the full expense of such legal action is borne by the Participant. In the event that the Participant's action (or inaction} nonetheless causes the Employer or Adminisu-ator to incur such expense, the amount of the expense ma}= be charged against the Participant's Account and thereby reduce the Etnplo}=er's obligation to pay benefits to the Participatzt. In the course of any proceeding relating to dig=orce, separation, or child support, t#te Employer and Administrator shall be autl~orized to disclose information relating to the Participant's Account to the Alternate Payee (including the Iegal representatives of the AIterttate Payee), or to a court. {d) Deterntirtatiort of I/alirlity ofDotrtestic Relations Orders: The Administrator shall establish uniform procedures for determining die validity of an}= domestic relations order. Tltc Administrator's determinations under such procedures shall be conclusn~e and binding on all parties and shall be afforded the maximum amount of deference permitted by law. 10.03 IRS Levy. Notwithstanding Section 10.0I, the Administrator may pay from a Participant's or Beneficiar}ts Account balance the amount that the Administrator finds is la~vfitll}=demanded under a le~~}=issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 10.04 Mistaken Contribution. To the extent permitted b}=applicable law, if any contribution (or any= portion oFa contribution) is made to the PIan by a good faith mistake of fact, then after the pa}*ment of the contribution, and upon receipt in good order of a proper request approved b}= the Administrator, the amount of the mistaken contribution (adjusted for any inconce or foss in value, if an}; allocable thereto} shall be returned directly to the Participant or, to the extent required or permitted by the Administrator, to the Employer. 10.05 Payments to Minors and Incompetents. If a Participant or Beneficiary entitled to receive an}= benefits hereunder is a minor or is adjudged to be legally incapable if giving valid receipt and discharge for such benefits, or is deemed so by the Administrator, benefits will be paid to such persons as the Administrator may designate for the benefit of such Participant or Beneficiar}: Such payments shall be considered a payment to such Partiupant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such pa}intents under the Plan. 10.06 Procedure When Distributee Cannot Be Located. The Administrator shall make alE reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown on the Employei or Administrator's records, (b} notification sent to the Social Securit}=Administration or the Pension Benefit Guarantee Corporation {under their program ro identify payees under retirement plans), and (c) the payee has not responded within b months. If the Administrator is unable to locate such a person entitled to benefits hereunder, or if there has been no claim made for such benefits, the Trust shall continue to hold the benefits due such person. Article XI. Relationship to Other Plans and Employment Agreements This Plan serves in addition to any other retiretncttt, pension, or benefit plats or system presently in existence or hereinafter established For the benefit of the Employer's employees, attd participation hereunder shall not affect benefits receivable under any such plan or system. Nothing contained in this PIan shall be deemed to constitute an employment contract or agreement between arty Participant and the Employer or to give any Participant the right to be retained in the employ of the Etnplo}=er. Nor shall anything herein be construed to modify the terms of any emplo}=ment contract or agreement beta=een a Participant and the Emp1o}=er. Article XII. Amendment or Termination of Plan The Employer ntay at any= time amend this Plau provided that it transmits such amendment in writing to the Administrator at least 30 days prior to the effective date of the amendrent. The consent of the Administrator shall not be required its order for 22