(a)   Amendment and Termination.  The employer shall have the right to amend or terminate this Plan at any time subject to the provisions of State law; provided, that, subject to the following sentence, no such action shall be effective to permit any part of the corpus or income of the Plan established in connection herewith to be used, for, or diverted to, purposes other than the exclusive benefit of the participants and their beneficiaries and survivors, and defraying the reasonable expenses of administering the Plan.
   (b)   Return of Employer Contributions
      (1)   Except as hereinbefore and hereinafter provided, the assets of the Pension Fund, including all contributions under the Plan, shall never inure to the benefit of the employer and shall be held for the exclusive purposes of providing benefits to the participants and their beneficiaries, and defraying the reasonable expenses of administering the Plan.
      (2)   In the event that any contributions should be made by the employer hereunder by a mistake of fact, Council shall return contribution to the employer within one year after the date of payment of the contribution or as otherwise allowable pursuant to State law.
(Ord. 01-02.  Passed 4-8-02.)