Subject to any requirements of state or federal law, the employer
reserves the right at any time and with or without prior notice to
any person to amend, suspend or terminate the plan, to eliminate future
deferrals and contributions for existing participants, or to limit
participation to existing participants, in whole or in part and for
any reason and without the consent of any employee, account participant,
beneficiary or other person. No amendment, suspension or termination
of any provisions of the plan or any deferrals or contributions thereunder,
the trust agreement or any investment option may be made retroactively,
unless such retroactivity is allowed under state law, the Code and
other applicable law.
Upon any action by the employer to initiate a plan termination,
the employer shall permit no further deferrals or contributions of
compensation under the plan, and the plan termination shall become
effective upon the distribution of all plan benefits. After taking
an action to initiate a plan termination, the employer may distribute
all plan benefits to account participants or the employer may provide
that plan benefits and other interests in the Trust Fund shall continue
to be payable as provided in the plan. Any distributions, transfers
or other dispositions of the plan benefits as provided in the plan
shall constitute a complete discharge of all liabilities under the
plan. The Committee and the Trustee(s) shall remain in existence and
the trust agreement and all of the provisions of the plan that the
employer determines are necessary or advisable for the administration
and distribution, transfer or other disposition of interests in the
Trust Fund shall remain in force.
