Payments from the Trust Fund. Upon payment being made by the Trustee pursuant to this Article III, the Property removed from the Trust Fund thereby shall no longer constitute a part of the Trust Fund.
Payments from the Trust Fund. (a) Subject to the direction of the Independent Fiduciary with respect to any Employer Security, and except as provided in paragraph (b) below, the Trustee shall make payments from the Trust Fund to pay Benefits under the Plans as directed by the Committee or its designee. Any payment of Benefits under the Plans must be charged to the Separate Retiree Account attributable to the Participant or Beneficiary receiving the benefits.
Payments from the Trust Fund. (a) Subject to paragraph (b) below, the Bank shall make payments from the Trust Fund to provide, directly or through the purchase of insurance, benefits under the Plan as directed by the Board.
Payments from the Trust Fund. The Trustee will pay Plan benefits and other payments as the Administrator directs, and except as provided by ERISA, the Trustee will not be responsible for the propriety of such payments. Any payment made to a Participant, or a Participant's legal representative or Beneficiary in accordance with the terms of the Plan will, to the extent of such payment, be in full satisfaction of all claims arising against the Trust, the Trustee, the Employer, and the Administrator. Any payment or distribution made from the Trust is contingent on the recipient executing a receipt and release acceptable to the Trustee, Administrator, or Employer.
Payments from the Trust Fund. Payment of the applicable portion of the retirement benefit, pre-retirement death benefit, or disability benefit shall be made from funds in the Account in the time and manner that payments of Benefits are provided for under the Agreement. Other payments authorized under Article III to be made by Trustee shall also be made from funds in the Account. Payment or distribution of amounts attributable to property separately contributed by the Grantor or any other person shall be made at such time and in such manner as directed by the Grantor. Nothing in this Trust Agreement shall relieve the Bank of its obligation to pay the Benefits provided to Grantor or Beneficiary under the Agreement except to the extent such obligation is met by the application of assets in the Account or by any direct payments expressly required to be made by the Bank to the Grantor or Beneficiary pursuant to the terms of the Agreement. In all instances, to the extent the language in the Agreement conflicts with the language in this Trust, the Trust shall be controlling. Nothing in this Trust Agreement shall require the Trustee to enforce the payment of any Benefit under the Agreement that is not met by the application of assets in the Account.
Payments from the Trust Fund. SECTION 3.1.
Payments from the Trust Fund. The Trustee shall make payments from the Trust Fund to the Director, the Grantor, or other persons, as instructed in writing by the Director. The Grantor and Director shall comply with the provisions of R 299.9704 of the Michigan Administrative Code for payments from the Trust Fund. The Trustee shall not make any payments from the Trust Fund without the prior written approval from the Director.
Payments from the Trust Fund. Section 3.1. TCF Financial has appointed a committee of its employees to administer the Plan (the “Committee”). The Committee will be responsible for determining the entitlement of a Plan participant or his or her beneficiary to benefits under the Plan and will consider and review any claim for benefits under the procedures set out in the Plan. The Committee may appoint a Record Keeper to perform any of the Committee’s duties with respect to the Plan and Trust and will notify the Trustee in writing of any such appointment. The Committee or the Record Keeper will deliver to the Trustee a schedule (the “Payment Schedule”) that indicates the amounts payable (gross and net of all taxes required to be withheld) in respect of each Plan participant (and his or her beneficiaries), that provides a formula or other instructions acceptable to the Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for or available under the Plan), and the time of commencement for payment of such amounts. Except as otherwise provided herein, the Trustee will make payments to Plan participants and their beneficiaries in accordance with such Payment Schedule. The Secretary of the Committee will certify to the Trustee the name of the persons who have the authority to act on behalf of the Committee or on behalf of the Record Keeper, respectively, and the Trustee may assume that such authority continues until the Committee notifies the Trustee to the contrary. The Board of Directors and the Chief Executive Officer of each Company will have the duty to notify the Committee, the Record Keeper, and the Trustee of a Change in Control. Also, the Committee will notify the Record Keeper of any event that would cause benefits to be payable under the Plan. If a purported Plan participant or beneficiary alleges in writing directly to the Trustee that a benefit is payable under the Plan, the Trustee will share such written allegation with the Committee and the Record Keeper and will await direction. The Trustee will be held harmless and will not be liable for its acts with respect to distributions from the Trust Fund if it has acted in good faith in accordance with the most recent payment instructions provided by the Committee (or the Record Keeper) and the provisions of this Section 3.1
Payments from the Trust Fund. The Trustee shall make payments from the Trust Fund to the Director, the Grantor, or other persons, as instructed in writing by the Director. Payments from the Trust Fund shall be made solely in accordance with Sections 11523, 11523a, and 11523b of the Act. The Trust Fund so established shall be used solely to provide for the payment of the costs of closure, post-closure, and/or corrective action at the facility or facilities, covered by this Agreement, to reimburse the Grantor for legitimate expenses in carrying out closure, post-closure, and/or corrective action activities as approved by the Director, or to disburse to the Grantor excess funds as determined by the Director not required to be part of this Trust Fund. If the Director issues a notice of violation or other order to the Grantor alleging violation of the closure, post-closure, or corrective action requirements, the Director may, after providing the Grantor seven (7) days’ notice and opportunity for hearing, access the funds in the Trust Fund to complete closure, post‑closure maintenance and monitoring, and/or corrective action to the extent necessary to correct such violations. In accordance with Section 11523b(6), the owner/operator may request the Department to authorize the release of funds from a Trust Fund if the owner/operator demonstrates that the value of the account exceeds the owner’s/operator’s financial assurance obligation. A payment or disbursement from the Fund shall not be made without the prior written approval of the Department. The owner or operator shall receive all interest or earnings from a Trust Fund upon its termination. The Trustee shall ensure the filing of all required tax returns for which the Trust Fund is liable and shall disburse funds from earnings to pay lawfully due taxes owed by the Trust Fund, without permission of the Department.
Payments from the Trust Fund. 3.1. Payments shall be made from the Trust Fund by the Trustee to such persons, in such manner, at such times and in such amounts as the Plan Administrator may from time to time direct in writing; provided, however, that the Trustee may withhold compliance with the Plan Administrator's direction to the extent that, and so long as, the Trustee shall deem such withholding necessary to insure payment of the Trustee's expenses or to protect the Trustee against liability for taxes or for any other liability.
