City of Hagerstown, MD
Washington County
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Table of Contents
Table of Contents
A. 
No rights except as provided by law, plan, provisions, or terms of insurance of annuity policy. Neither the establishment of the plan or trust, nor any modification thereof, nor the creation of any fund or account, nor the payment of any benefits, shall be construed as giving to any participant or other person any legal or equitable right against the City (or any person connected therewith) the Trustees or any insurance company, except as provided by law, by any plan provision or by the terms of any insurance or annuity policy.
B. 
City does not guarantee the trust. The City does not in any way guarantee the trust from loss or depreciation, nor does the City guarantee the payment of any money which may be or become due to any person from the trust. Any person having a right or claim under the plan shall look solely to the trust assets, and in no event shall the City (or any person connected therewith) be liable to any person on account of any claim arising by reason of the provisions of the plan or of any instrument or instruments implementing its provisions, or for the failure of any participant, beneficiary or other person to be entitled to any particular tax consequences with respect to the plan, the trust or any contribution thereto or distribution therefrom.
C. 
City not liable for failure to make contributions. The City shall not be liable to any person for failure on its part to make contributions as provided in § 38-23 nor shall any action lie to compel the City to make such contributions.
D. 
City not liable for failure of plan to qualify under Internal Revenue Code. The City (or any person connected therewith) shall not have any liability to any person by reason of the failure of the plan to attain and/or maintain qualified status under Section 401(a) of the Internal Revenue Code, or the failure of the trust to attain and/or maintain tax-exempt status under Section 501(a) of the Internal Revenue Code, regardless of whether or not such failure is due to any act or omission (willful, negligent or otherwise) of the City (or any person connected therewith).
A. 
Intended to comply with requirements for qualification under Internal Revenue Code. The plan is intended to comply with all requirements for qualification under Section 401(a) of the Internal Revenue Code and, if any provision of the plan is subject to more than one interpretation or construction, such ambiguity shall be resolved in favor of that interpretation or construction which is consistent with the plan being so qualified.
B. 
Severability. In case any provision of the plan shall be held to be illegal or void, such illegality or invalidity shall not affect the remaining provisions of the plan, but shall be fully severable, and the plan shall be construed and enforced as if said illegal or invalid provisions had never been inserted herein.
C. 
Laws of State of Maryland shall govern. Except to the extent preempted by the laws of the United States of America, the laws of the State of Maryland shall govern, control and determine all questions arising with respect to the plan and the interpretation and validity of its respective provisions. Participation under the plan will not give any participant the right to be retained in the service of the City nor any right or claim to any benefit under the plan unless such right or claim has specifically accrued hereunder.