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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 a court of proper jurisdiction, then the employer at its sole option, may pay such benefit to the surviving spouse of such deceased participant, or, if there is no such surviving spouse, to such participant's then living issue, per stirpes, provided, however, that nothing contained herein shall prevent the employer from insisting upon the commencement of estate administration proceedings and the delivery of any such benefits to a duly appointed executor or administrator.
(Ord. 2138. Passed 3-15-93.)
Subject to the provisions of the Act, no past, present or future officer of the employer shall be personally liable to any participant, beneficiary or other person under any provision of the Plan or any policy issued pursuant thereto.
(Ord. 2138. Passed 3-15-93.)
Nothing contained herein shall be deemed to give any participant or beneficiary any interest in any specific property of the Pension Fund or any right thereto, except to receive such distributions as are expressly provided for in this Plan.
(Ord. 2138. Passed 3-15-93.)
Participation in this Plan shall not give any right to any employee to be retained in the employ of the employer, nor shall it interfere with the right of the employer to discharge any employee and to deal with him or her without regard to the effect that such treatment might have upon him or her as a participant in this Plan.
(Ord. 2138. Passed 3-15-93.)
The income and principal of the Pension Fund are for the sole use and benefit of the participants in this Plan, and, to the extent permitted by law, shall be free, clear and discharged of and 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.
(Ord. 2138. Passed 3-15-93.)
The employer shall furnish to the Plan Administrator, and, where applicable, the trustee, information in the employer's possession as the Plan Administrator and the trustee shall require from time to time to perform their duties under the Plan.
(Ord. 2138. Passed 3-15-93.)
To the extent permitted by law, no payments to any person under any contract, nor the right to receive such payments, nor any interest in the Plan and the Pension Fund, 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 right or interest be subject to the demand or claims of any such person's debts, obligations or liabilities.
(Ord. 2138. Passed 3-15-93.)