The employer may amend this plan at any time or from time to
time by an instrument in writing executed in the name of the employer
under its Municipal Seal by officers duly authorized to execute such
instrument and delivered to the Board; provided, however, that:
A. No amendment shall deprive any participant or any beneficiary of
a deceased participant of any of the benefits to which he is entitled
under this plan with respect to contributions previously made;
B. No amendment shall provide for the use of funds or assets held under this plan other than for the benefit of employees, and no funds contributed to this plan or assets of this plan shall, except as provided in §
47-55, ever revert to or be used or enjoyed by the employer; and
C. No amendment to the plan which provides for a benefit modification shall be made unless the cost estimate described in §
47-59 has been prepared and presented to the Board in accordance with the Act.
The employer shall have the power to terminate this plan in
its entirety at any time by an instrument in writing executed in the
name of the employer.
Subject to the provisions of the Act governing financially distressed
municipalities, the liability of the employer to make contributions
to the Pension Fund shall automatically terminate upon liquidation
or dissolution of the employer, upon its adjudication as a bankrupt
or upon the making of a general assignment for the benefit of its
creditors.
If all liabilities to vested participants and any others entitled
to receive a benefit under the terms of the plan have been satisfied
and there remain any residual assets in the Pension Fund, such residual
assets remaining shall be returned to the employer insofar as such
return does not contravene any provision of law, and any remaining
balance in excess of employer contributions shall be returned to the
commonwealth.
In the event of the discontinuance and termination of the plan
as provided herein, the employer shall dispose of the Pension Fund
in accordance with the terms of the plan and applicable law; at no
time prior to the satisfaction of all liabilities under the plan shall
any part of the corpus or income of the Pension Fund, after deducting
any administrative or other expenses properly chargeable to the Pension
Fund, be used for or diverted to purposes other than for the exclusive
benefit of the participants in the plan, their beneficiaries or their
estates.