Article X. Amendment And Termination

Section 1. Amendment.

This plan may be amended at any time by the Trustees, consistent with the provisions of the Trust Agreement. However, no amendment may decrease the accrued benefit of any Participant,

  1. As necessary to establish or maintain the qualification of the Plan or the Trust under the Internal Revenue Code and to maintain compliance of the Plan with the requirements of ERISA; or
  2. If the amendment meets the requirements of Section 302(c)(8) of ERISA and Section 412(c)(8) of the Internal Revenue Code, and the Secretary of Labor has been notified of such amendment and has either approved of it or, within 90 days after the date on which such notice was filed, he failed to disapprove.

Section 2. Actuarial Reviews.

This Plan has been adopted on the basis of an actuarial estimate which has established (to the fullest extent possible) that the income and accruals of the Pension Fund will be ARTICLE X. Amendment And Termination fully sufficient to support this Plan on a permanent basis. However, it is recognized as possible that in the future the income or the liabilities of the Pension Fund may be substantially different from those previously anticipated. It is understood that this Plan can be fulfilled only to the extent that the Pension Fund has assets available from which to make payments. Consequently, the Plan Trustees shall have prepared annually an actuarial review of the Pension Fund and shall take the actuarial status of the Pension Fund into account in determining amendment or modification of this Plan.

Section 3. Termination of Plan.

The Trustees shall have the right to discontinue or terminate this Plan in whole or in part. In the event of a termination or partial termination of this Plan, the rights of all affected Participants to benefits then accrued, to the extent then funded, shall thereupon become one hundred percent (100%) vested and nonforfeitable. Upon a termination of the Plan, the Trustees shall take such steps as they deem necessary or desirable to comply with Sections 4041A and 4281 of ERISA.