Participation in this plan shall not give any
right to any employee to be retained in the employ of the employer
nor shall it interfere with the right of the employer to discharge
any employee and to deal with such employee without regard to the
effect that such treatment might have upon participation in this plan.
As used herein, the masculine gender shall include
the feminine gender and the singular shall include the plural in all
cases where such meaning would be appropriate. Headings of articles
and sections are inserted only for convenience of reference and are
not to be considered in the construction of the plan.
The employer shall furnish to the plan administrator
(and where applicable, the trustee) information in the employer's
possession as the plan administrator and the trustee shall require
from time to time to perform their duties under the plan.
Should any provisions of this plan be held illegal
or invalid for any reason, said illegality or invalidity shall not
affect the remaining parts of this plan, and the plan shall be construed
and enforced as if said illegal and invalid provisions had never been
inserted herein.
If any participant shall be physically or mentally
incapable of receiving or acknowledging receipt of any payment of
pension benefits hereunder, the plan administrator, upon the receipt
of satisfactory evidence that such participant is so incapacitated
and that another person or institution is maintaining the participant
and that no guardian or committee has been appointed for the participant,
may provide for such payment of pension benefits hereunder to such
person or institution so maintaining the participant, and any such
payments so made shall be deemed for every purpose to have been made
to such participant.
The income and principal of the pension fund
are for the sole use and benefit of the participants of this plan,
and, to the extent permitted by law, shall be free, clear and discharged
from and are not to be in any way liable for debts, contracts or agreements,
now contracted or which may hereafter be contracted, and from all
claims and liabilities now or hereafter incurred by any participant
or beneficiary.
If any benefit shall be payable under the plan
to or on behalf of a participant who has died, if the plan provides
that the payment of such benefits shall be made to the participant's
estate, and if no administration of such participant's estate is pending
in the court of proper jurisdiction, then the plan administrator,
at its sole option, may pay such benefits to the surviving spouse
of such deceased participant, or, if there be no such surviving spouse,
to such participant's then living issue, per stirpes provided, however,
that nothing contained herein shall prevent the plan administrator
from insisting upon the commencement of estate administration proceedings
and the delivery of any such benefits to a duly appointed executor
or administrator.
Nothing contained herein shall be deemed to
give any participant or beneficiary any interest in any specific property
of the pension fund or any right except to receive such distributions
as are expressly provided for under the plan.
Subject to the provisions of the Act and unless
otherwise specifically required by other applicable laws, no past,
present or future officer or agent of the employer or plan administrator
shall be personally liable to any participant, beneficiary or other
person under any provision of the plan.