At no time shall any part of the corpus or income of the fund, after deducting any expenses properly chargeable thereto, be used for or diverted to purposes other than for the exclusive benefit of participants and beneficiaries except that the employer shall be entitled to the return of:
(A) The sum, if any, remaining in the fund upon termination of the plan after all liabilities under the plan have been fully satisfied and discharged;
(B) Contributions made by a mistake of fact, if returned within one year after the payment of such contributions; and
(C) Contributions conditioned on qualification of the plan under I.R.C. § 401, if returned within one year after the date of denial of such qualification. Any amount so returned to the employer under paragraphs (B) or (C) above shall be reduced by any portion thereof previously distributed from the fund and by any losses of the fund allocable thereto, and, in no event, shall the return of such contribution cause the balance of any participant’s interest in the fund to be less than the amount of such interest had the contribution not been made.
(Ord. MET 86-13, passed 5-30-1986)