The plan may be amended, at any time and from time to time, by a duly adopted resolution of the Board, but such power of amendment shall under no circumstances include the right in any way or to any extent to revest or otherwise transfer any interest in or to the fund, or any income therefrom, to the employer; nor shall the power of amendment include the right in any way or to any extent to divest any participant of the interest in the fund to which he or she would be entitled if he or she had terminated employment as of the date of such amendment. No amendment shall ever operate to enable any part of the corpus or income or other assets of the fund to be used for or diverted to any purpose other than the exclusive benefit of participants or their beneficiaries. No amendment may change the powers or duties of the Trustees without their consent. Notwithstanding the foregoing provisions of this section, however, the plan may be amended in any manner whatsoever, with prospective or retroactive effect, for the purpose of qualifying it under I.R.C. § 401 or complying with any provisions of ERISA. The employer shall deliver a certified copy of each such resolution effecting an amendment and the amendment to the Trustees promptly upon its adoption, which, if duly executed by the Trustees, shall be deemed to be consented to by them.
(Ord. MET 86-13, passed 5-30-1986)