1. Incapacity of Pensioner. If any pensioner shall be physically or mentally incapable of receiving or acknowledging receipt of any payment of pension benefits hereunder, the trustee, upon the receipt of satisfactory evidence accepted by the Administrator that such pensioner is so incapacitated and that another person or institution is maintaining him and that no guardian or committee has been appointed for him, may provide for such payment of pension benefits hereunder to such person or institution so maintaining him, and any such payments so made shall be deemed for every purpose to have been made to such pensioner.
2. Benefits for a Deceased Participant. If any benefit shall be payable under the plan to or on behalf of a participant who has died, if the plan provides that the payment of such benefits shall be made to the participant's estate, and if no administration of such participant's estate is pending in the court of proper jurisdiction, then the trustee, at its sole option, may pay such benefits to the surviving spouse of such deceased participant, or, if there be no such surviving spouse, to such participant's then living issue, per stirpes; provided, however, that nothing contained herein shall prevent the trustee from insisting upon the commencement of estate administration proceedings and the delivery of any such benefits to a duly appointed executor or administrator.
3. Liability of Officers of the Plan Sponsor and/or Participating Employers. Subject to the provisions of the Act, no past, present or future officer of the plan sponsor nor of any participating employer shall be personally liable to any participant, beneficiary or other person under any provision of the plan or trust, or any policy or contract issued pursuant thereto.
4. Assets in Trust Fund Owned by Trustee, Not Participants. Nothing contained herein shall be deemed to give any participant or his beneficiary any interest in any specific property of the trust or any right except to receive such distributions as are expressly provided for under the plan in which he is a participant.
5. Employment Rights Not Affected by the Plan. Participation in this plan shall not give any right to any employee to be retained in the employ of any employer participating hereunder, nor shall it interfere with the right of any employer to discharge any employee and to deal with him without regard to the effect that such treatment might have upon him as a participant in this plan.
6. Trust Fund for Sole Benefit of Participants. The income and principal of the trust fund are for the sole use and benefit of the participants covered hereunder, and, to the extent permitted by law, shall be free, clear and discharged from and are not to be in any way liable for debts, contracts or agreements, now contracted or which may hereafter be contracted, and from all claims and liabilities now or hereafter incurred by any participant or beneficiary.
7. Meaning of Certain Words. 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.
8. Information to be Furnished by the Employer. Each participating employer shall furnish to the Administrator and the trustee information in the employer's possession as the Administrator and the trustee shall require from time to time to perform their duties under the Master Plan and the trust.
9. Spend Thrift. To the extent permitted by law, no payment to any person under any contract, nor the right to receive such payments, nor any interest in this plan and trust, 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 or right or interest be subject to the demands or claims of any creditor of such person, nor be liable in any way for such person's debts, obligations or liabilities.
10. Action by Employer. Whenever, under the terms of this plan, a participating employer is permitted or required to take some action, such action may be taken by an officer of the employer who has been duly authorized by the employer.
11. Construction of Agreement. The validity of this Master Plan and trust or any of its provisions shall be determined under and construed according to the laws of the Commonwealth of Pennsylvania. If any provision of this Master Plan and trust shall be held illegal or invalid for any reason, such determination shall not affect its remaining provisions, and it shall be construed as if such illegal or invalid provision had never been included.
12. Disputed Payments. If a dispute arises as to the proper recipient of any payment, or delivery of any contracts, the Administrator in its sole discretion may withhold or cause to be withheld such payment or delivery until the dispute shall have been settled by the parties concerned or shall have been determined by a court of competent jurisdiction.
13. Inconsistency/Conflict of Prior Ordinances or Resolutions. Any ordinances or resolutions with an effective date prior to the plan and which are inconsistent or conflicting with the plan shall be repealed. It is the employer's intention to have a Plan which contains inseparable provisions. If any court of competent jurisdiction declares the language or a provision of the plan to be invalid, such ruling shall not effect any other language or any other provisions of the plan not specifically included in the court ruling.
14. Compliance with Legislative Changes. Each participating employer intends to comply with the interpretations of P.L. 1804, as amended, 53 P.S. § 767, (Act 600), issued by the judicial and regulatory bodies of the Commonwealth of Pennsylvania.
(Ord. 253, 2/3/1997, Administrative Provisions, Chapter 1, Art. VII)