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55B - RESO AND AGMT - RETIREE HEALTH SAVINGS PLAN
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11/28/2011
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55B - RESO AND AGMT - RETIREE HEALTH SAVINGS PLAN
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Last modified
1/3/2012 3:37:35 PM
Creation date
11/23/2011 1:08:08 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Personnel Services
Item #
55B
Date
11/28/2011
Destruction Year
2016
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8.02 Employer's Right to Amend <br />he Emplover reserves the right to amend the Plan at any time and from time-to-time, and retroactively if deemed necessary <br />or appropriate to meet the requirements of the Code, or any similar provisions of subsequent revenue or other laws, or the <br />role and regulations in effect under any of such laws or to conform with governmental regulations or other policies, to <br />modify or amend in whole or in part any or all of the provisions of the Plan. <br />8.03 Employer's Right to Terminate <br />I he Emplover reserves the right to discontinue or terminate the Plan at any time without prejudice. <br />ARTICLE IX <br />General Provisions <br />9.01 No Employment Rights Conferred <br />`veither this flan nor any action taken with respect to it shall confer upon any person the right to be continued in the <br />ruiployment of the Employer. <br />9.02 Payments After Death of Participant <br />\m hcnehts otherwise payable to a Participant following the date of death of such Participant shall he paid as outlined in the <br />i mployer's `v'antageCare Retirement Health Savings Plan Adoption Agreement. <br />9.03 Nonalienation of Benefits <br />',lo hcueht under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge. <br />ne umhrancc or charge, and any attetnpt to do so shall be void. No benefit under the Plan shall in any manner be liable for <br />.r .nbjcct to i he d,:bts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the <br />!'1,111 become, bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any beneftr under <br />dw flan. or if any attempt is made to subject any such benefit to the debts, contracts, liabilities, engagements or torts ofthe <br />tn•rson entitled to any such benefit, except as specifically provided in the flan, then such benefit shall cease and terminate <br />,n the disc rction of the Plan Administrator, and he may hold or apply the same or any part thereof to the benefit of any <br />, iependerrt of such person, in such manner and proportion as he may deem proper. <br />9.04 Mental or Physical Incompetency <br />(. thc- Plan Administrator determines that any person entitled to payments under the Plan is incompetent by reason of physical <br />u ntrnral disability, lie may cause all payments thereafter becoming due to such person to be made to any other person for <br />h i, hcn,-fit without responsibility to follow the application of amounts so paid. Payments made pursuant to this Section shall <br />onipletely discharge the Plan Administrator and the Employer. <br />9.05 Inability to Locate Payee <br />I: the Hai, Administrator is unable to make payment to any Participant or other person to whom a payment is due under <br />• he flan hrc ausc he cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts <br />55B-20
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