Common use of DISCONTINUANCE OF PARTICIPATION Clause in Contracts

DISCONTINUANCE OF PARTICIPATION. Except in the case of a standardized Plan, any Participating Employer that is an Affiliated Employer shall be permitted to discontinue or revoke its participation in the Plan at any time. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new trustee or custodian as shall have been designated by such Participating Employer, in the event that it has established a separate qualified retirement plan for its employees provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d)(6) protected benefits" as described in Section 8.1(e). If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII hereof. In no such event shall any part of the corpus or income of the Trust Fund as it relates to such Participating Employer be used for or diverted to purposes other than for the exclusive benefit of the employees of such Participating Employer.

Appears in 3 contracts

Samples: Adoption Agreement (Baldwin Technology Co Inc), Aceto Corp, Wayne Savings Bancshares Inc /De/

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DISCONTINUANCE OF PARTICIPATION. Except in the case of a standardized Plan, any Any Participating Employer that is an Affiliated Employer shall be permitted to discontinue or revoke its participation in the Plan at any timePlan. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new trustee or custodian Trustee as shall have been designated by such Participating Employer, in the event that it has established a separate plan qualified retirement plan under Code section 401(a) for its employees Employees; provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d)(6) protected benefits" as described in Section 8.1(e)Protected Benefit. If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII hereofsuch separate Trust Agreement as shall be in effect. In no such event shall any part of the corpus or income of the Trust Fund as it relates to such Participating Employer be used for or diverted to delivered for purposes other than for the exclusive benefit of the employees Employees (and their Beneficiaries) of such Participating Employer.

Appears in 3 contracts

Samples: Fairfax Financial Holdings LTD/ Can, Metals Usa Inc, Metals Usa Inc

DISCONTINUANCE OF PARTICIPATION. Except in the case of a standardized Plan, any Participating Employer that is an Affiliated Employer shall be permitted to discontinue or revoke its participation in the Plan at any time. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the TrusteeTrustee (or Insurer). The Trustee (or Insurer) shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new trustee (or insurer) or custodian as shall have been designated by such Participating Employer, in the event that it has established a separate qualified retirement plan for its employees provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d)(6) protected benefits" as described in Section 8.1(e). If no successor is designated, the Trustee (or Insurer) shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII hereof. In no such event shall any part of the corpus or income of the Trust Fund as it relates to such Participating Employer be used for or diverted to purposes other than for the exclusive benefit of the employees Employees of such Participating Employer.

Appears in 1 contract

Samples: www.mfs.com

DISCONTINUANCE OF PARTICIPATION. Except in the case of a standardized Plan, any Participating Employer that is an Affiliated Employer shall be permitted to discontinue or revoke its participation in the Plan at any time. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new trustee or custodian as shall have been designated by such Participating Employer, in the event that it has established a separate qualified retirement plan for its employees provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d)(6) protected benefits" as described in Section 8.1(e7.1(e). If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII hereofseparate trust agreement. In no such event shall any part of the corpus or income of the Trust Fund as it relates to such Participating Employer be used for or diverted to purposes other than for the exclusive benefit of the employees of such Participating Employer.

Appears in 1 contract

Samples: MSC Software Corp

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DISCONTINUANCE OF PARTICIPATION. Except in the case of a standardized Plan, any Any Participating Employer that is an Affiliated Employer shall be permitted to discontinue or revoke its participation in the Plan at any time. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Insurer (or Trustee, if applicable). The Trustee Insurer (or Trustee, if applicable) shall thereafter transfer, deliver and assign Contracts and other Trust Fund fund assets allocable to the Participants of such Participating Employer to such new trustee Insurer (or custodian Trustee, if applicable) as shall have been designated by such Participating Employer, in the event that it has established a separate qualified retirement pension plan for its employees provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d)(6) protected benefits" as described in Section 8.1(e)Employees. If no successor is designated, the Trustee Insurer (or Trustee, if applicable) shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII V hereof. In no such event shall any part of the corpus or income of the Trust Fund fund as it relates to such Participating Employer be used for or diverted to for purposes other than for the exclusive benefit of the employees Employees of such Participating Employer.

Appears in 1 contract

Samples: www.usf.edu

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