If any pensioner shall be physically or mentally
incapable of receiving or acknowledging receipt of any payment of
pension benefits hereunder, the employer, upon the receipt of satisfactory
evidence that such pensioner is so incapacitated and that another
person or institution is maintaining him/her and that no guardian
or committee has been appointed for him/her, may provide for such
payment of pension benefits hereunder to such person or institution
so maintaining him/her, and any such payments so made shall be deemed
for every purpose to have been made to such pensioner.
Subject to the provisions of the Act or other
applicable law, no past, present or future officer or employee of
the employer shall be personally liable to any participant, beneficiary
or other person under any provision of the plan or any contract issued
pursuant thereto.
Nothing contained herein shall be deemed to
give any participant or his beneficiary any interest in any specific
property of the pension fund or any right except to receive such distributions
as are expressly provided for in this plan.
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 him/her without regard to the effect
that such treatment might have upon him/her as a participant in this
plan.
The income and principal of the pension fund
are for the sole use and benefit of the participants and beneficiaries
of 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.
[Amended 12-18-2001 by Ord. No. 483]
To the extent permitted by law, no payments
to any person under any contract, nor the right to receive such payments,
nor any interest in this plan and pension fund, shall be subject to
assignment, alienation, transfer or anticipation, either by voluntary
or involuntary act of any participant or beneficiary or by operation
of law, nor shall such payment right or interest be subject to the
demand or claims of any such person's debts, obligations or liabilities.
Notwithstanding the foregoing, the Plan Administrator may recognize
and implement assignments pursuant to a qualified domestic relations
order as defined in Section 414(p) of the Code.
The employer intends that the plan and accompanying
pension fund herein created shall qualify under the provisions of
Code Section 401(a), as such provisions apply to qualified government
plans, and as an exempt organization within the meaning of Code Section
501(a) or under any comparable section of any future legislation which
amends, supplements or supersedes said section. Nevertheless, all
taxes of any and all kinds whatsoever that may be levied or assessed
under the existing or future laws upon the pension fund or the income
thereof and investment charges shall be paid from the pension fund.