Sheet Metal Workers' International Association
Local Union No.73
Pension Welfare and Annuity Funds

 











 



  • RIGHT TO AMEND OR TERMINATE THE PLAN
  • RIGHTS OF PARTICIPANT UPON TERMINATION OF PLAN OR COMPLETE DISCONTINUANCE OF EMPLOYER CONTRIBUTIONS
  • MERGER AND CONSOLIDATION OF PLAN OR TRANSFER OF PLAN ASSETS

ARTICLE 11. AMENDMENT AND TERMINATION

11.1 RIGHT TO AMEND OR TERMINATE THE PLAN.
Subject to the provisions of the last paragraph of this Article 11.1, the Trustees reserve the right to amend or terminate the Plan or Trust, at any time, by an instrument in writing duly executed by the Trustees provided that such amendment does not reduce the Vested Interest of a Participant (determined without regard to such amendment) as of the later of the date the amendment is adopted or the Effective Date of such amendment. No amendment may be made to the Plan which has the effect of eliminating an optional form of benefit provided in Article 9.2 or reducing the Accounts, as described in Article 4.1, of any Participant with respect to benefits attributable to service credited to him under the Plan before the later of the date the amendment is adopted or the effective Date of such amendment.

No modification, amendment, or termination of the Plan will be construed a termination of the Trust so as to require the Trustee to make a distribution of the assets to any Participant, unless otherwise expressly provided for in the Plan. In addition, no amendment may be made which will change the duties, responsibilities or liabilities of the Trustee without the Trustee's consent. In the event of an amendment which changes the duties, responsibilities or liabilities of the Trustees, to which the Trustees does not consent, such amendment will not become effective until the resignation of the non consenting Trustees' become effective. No Trustees' consent will be required in the case of termination of the Trust.

11.2 RIGHTS OF PARTICIPANT UPON TERMINATION OF PLAN OR COMPLETE DISCONTINUANCE OF EMPLOYER CONTRIBUTIONS.
If there is a partial or total termination of the Plan, or a complete discontinuance of Employer Contributions to the Plan, each Participant will have a 100% Vested Interest in the value of his Accounts described in Article 4, 1, which will be payable in accordance with the provisions of Article 9.

11.3 MERGER AND CONSOLIDATION OF PLAN OR TRANSFER OF PLAN ASSETS.
This Plan may not merge or consolidate with, or transfer its assets or liabilities to, any other plan unless each Participant in the Plan would, if the Plan then terminated, receive a benefit equal to or greater than the benefit he would have been entitled to receive immediately before the merger, consolidation or transfer if the Plan has then terminated.

 

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