If any pensioner 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 pensioner is so incapacitated and that another person or institution is maintaining him/her and that no guardian or committee has been appointed for him/her, may provide for such payment of pension benefits hereunder to such person or institution so maintaining him/her, and any such payments so made shall be deemed for every purpose to have been made to such pensioner.
Subject to the provisions of the Act or other applicable law, no past, present or future officer or employee of the employer shall be personally liable to any participant, beneficiary or other person under any provision of the plan or any contract issued pursuant thereto.
Nothing contained herein shall be deemed to give any participant or his 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/her without regard to the effect that such treatment might have upon him/her as a participant in this plan.
The income and principal of the pension fund are for the sole use and benefit of the participants and beneficiaries of this plan.
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.
[Amended 12-18-2001 by Ord. No. 483]
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. Notwithstanding the foregoing, the Plan Administrator may recognize and implement assignments pursuant to a qualified domestic relations order as defined in Section 414(p) of the Code.
The employer intends that the plan and accompanying pension fund herein created shall qualify under the provisions of Code Section 401(a), as such provisions apply to qualified government plans, and as an exempt organization within the meaning of Code Section 501(a) or under any comparable section of any future legislation which amends, supplements or supersedes said section. Nevertheless, all taxes of any and all kinds whatsoever that may be levied or assessed under the existing or future laws upon the pension fund or the income thereof and investment charges shall be paid from the pension fund.