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.