(A) Because this plan-trust declaration provides that the plan-trustee shall not receive plan contributions, shall not make or receive repayment of plan loans, shall have no investment duties, shall not give investment instructions and shall not pay plan distributions, the plan-trustee need not keep accounts of the plan-trust.
(B) If a court finds that this section is invalid, the plan-trustee and the Plan Administrator shall prepare the accounting in the form required by the court or by the Plan Administrator, and, consistent with § 36.096, the plan-trustee is entitled to pay from or be reimbursed by the plan-trust assets all of his, her or its actual expenses incurred in preparing any accounting.
(Ord. NIRC 97-1, passed 1-15-1997)