If any participant shall be physically or mentally incapable
of receiving or acknowledging receipt of any payment of pension benefits
hereunder, the employer, upon the receipt of satisfactory evidence
that such participant is so incapacitated and that another person
or institution is maintaining him and that no guardian or committee
has been appointed for him, may provide for such payment of pension
benefits hereunder to such person or institution so maintaining him,
and any such payments so made shall be deemed for every purpose to
have been made to such participant.
If any benefit shall be payable under the plan to or on behalf
of a participant who has died, if the plan provides that the payment
of such benefits shall be made to the participant's estate, and
if no administration of such participant's estate is pending
in the court of proper jurisdiction, then the employer, at its sole
option, may pay such benefits to the surviving spouse of such deceased
participant or, if there be no such surviving spouse, to such participant's
then living issue, per stirpes; provided, however, that nothing contained
herein shall prevent the employer from insisting upon the commencement
of estate administration proceedings and the delivery of any such
benefits to a duly appointed executor or administrator.
Subject to the provisions of the Act, no past, present or future
officer of the employer shall be personally liable to any participant,
beneficiary or other person under any provision of the plan or any
policy issued pursuant thereto.
Nothing contained herein shall be deemed to give any participant
or beneficiary any interest in any specific property of the pension
fund or any right except to receive such distributions as are expressly
provided for in this plan.
Participation in this plan shall not give any right to any employee
to be retained in the employ of the employer, nor shall it interfere
with the right of the employer to discharge any employee and to deal
with him without regard to the effect that such treatment might have
upon him as a participant in this plan.
The income and principal of the pension fund are for the sole
use and benefit of the participants of this plan and, to the extent
permitted by law, shall be free, clear and discharged of and from
and are not to be in any way liable for debts, contracts or agreements,
now contracted or which may hereafter be contracted, and from all
claims and liabilities now or hereafter incurred by any participant
or beneficiary.
As used herein, the masculine gender shall include the feminine
gender, and the singular shall include the plural in all cases where
such meaning would be appropriate. Headings of articles and sections
are inserted only for convenience of reference and are not to be considered
in the construction of the plan.
The employer shall furnish to the Plan Administrator (and, where
applicable, the trustee) information in the employer's possession
as the Plan Administrator and the trustee shall require from time
to time to perform their duties under the plan.
To the extent permitted by law, no payments to any person under
any contract, nor the right to receive such payments, nor any interest
in this plan and pension fund, shall be subject to assignment, alienation,
transfer or anticipation, either by voluntary or involuntary act of
any participant or beneficiary or by operation of law, nor shall such
payment right or interest be subject to the demand or claims of any
such person's debts, obligations or liabilities.