Plan Amendment or Termination. Dignity Health retains the right to amend or terminate the Plan at any time, in its sole discretion, provided that no amendment would result in a reduction in a Participant or Beneficiary’s Accrued Benefit. In the event the Plan is partially or completely terminated (as defined by the Internal Revenue Service), the Accrued Benefit of each affected Participant shall be 100% vested. For the avoidance of doubt, this provision is not intended to prohibit Dignity Health from modifying or amending the Plan in a manner that would reduce the rate at which the Settlement Class or any portion thereof accrues benefits under the Plan. In addition, this provision is not intended to make Dignity Health liable to any Settlement Class member to pay benefits in addition to those which can be provided from the assets of the Plan Trust.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement