(A) If, pursuant to § 36.050 or otherwise, the plan-trustee defends the plan-trust in any proceeding at law or in equity (or against any threatened proceeding), the plan-trustee is entitled to pay from or be reimbursed by the plan-trust assets all of his, her or its actual expenses based upon the actual fees paid to agents, accountants, consultants, lawyers and legal assistants and counsel of any kind who perform services regarding the defense.
(B) For any such special expense, whether under § 36.097 or this section or otherwise, it is intended that the plan-trust provide reasonably incurred actual expenses, and the plan-trustee is not required (but is permitted) to seek any Plan Administrator approval or court approval as to whether the expenses are reasonably incurred.
(Ord. NIRC 97-1, passed 1-15-1997)