(A) The amount and timing of employer contributions shall be determined based on actuarial valuations and recommendations as to the amounts required to fund benefits under this Plan. Dividends, if any, declared under the annuity contract and forfeitures shall be applied to reduce future employer contributions.
(B) A portion of the Plan assets resulting from employer contributions (but not more than the original amount of those contributions) may be returned if the employer contributions are made because of a mistake of fact. The amount involved must be returned to the employer within one year after the date the employer contributions are made by mistake of fact. Except as provided under this division (B) and in § 38.070, the assets of the Plan shall never be used for the benefit of the employer and are held for the exclusive purpose of providing benefits to participants and their beneficiaries and for defraying reasonable expenses of administering the Plan. (Ord. 1806, passed 1-7-15)