NIRC reserves the right by written instrument delivered to the Trustees to alter or amend this trust agreement in whole or in part with prospective or retroactive effect; provided, however, that no such alteration or amendment may:
(A) Revest in the employer any interest in the assets of the fund or any part thereof except to the extent permitted under § 32.082;
(B) Divest any person having art interest under the plan of his or her then interest thereunder; or
(C) Change the rights, powers or duties of the Trustees without their consent; provided, however, that NIRC may amend the Trust, in any manner with prospective or retroactive effect if, in the opinion of Counsel for NIRC, such action is necessary to meet the requirements of ERISA or the requirements for qualification under I.R.C. § 401.
(Ord. MET 86-13, passed 5-30-1986)