LEGAL REPRESENTATIVES OF SUCH MINOR OR INCOMPETENT PERSON;
(B)
DIRECTLY TO SUCH MINOR OR INCOMPETENT PERSON; OR
(C)
TO A PARENT OR GUARDIAN OF SUCH MINOR OR INCOMPETENT PERSON, TO
THE PERSON WITH WHOM SUCH MINOR OR INCOMPETENT PERSON RESIDES, OR TO A CUSTODIAN
FOR SUCH MINOR UNDER THE UNIFORM GIFTS TO MINORS ACT (OR SIMILAR STATUTE) OF ANY
JURISDICTION.
Payment to any person in accordance with the foregoing provisions of this
Section 5.02 shall to that extent discharge the Company, which shall not be
required to see to the proper application of any such payment.
SECTION 5.03.
DOUBT AS TO RIGHT TO PAYMENT.
IF ANY DOUBT EXISTS AS
TO THE RIGHT OF ANY PERSON TO ANY BENEFITS UNDER THIS PLAN OR THE AMOUNT OR TIME
OF PAYMENT OF SUCH BENEFITS (INCLUDING, WITHOUT LIMITATION, ANY CASE OF DOUBT AS
TO IDENTITY, OR ANY CASE IN WHICH ANY NOTICE HAS BEEN RECEIVED FROM ANY OTHER
PERSON CLAIMING ANY INTEREST IN AMOUNTS PAYABLE HEREUNDER, OR ANY CASE IN WHICH
A CLAIM FROM OTHER PERSONS MAY EXIST BY REASON OF COMMUNITY PROPERTY OR SIMILAR
LAWS), THE ADMINISTRATOR MAY, IN ITS DISCRETION, DIRECT THAT PAYMENT OF SUCH
BENEFITS BE DEFERRED UNTIL SUCH RIGHT OR AMOUNT OR TIME IS DETERMINED, OR PAY
SUCH BENEFITS INTO A COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH
APPROPRIATE RULES OF LAW, OR DIRECT THAT PAYMENT BE MADE ONLY UPON RECEIPT OF A
BOND OR SIMILAR INDEMNIFICATION (IN SUCH AMOUNT AND IN SUCH FORM AS IS
SATISFACTORY TO THE ADMINISTRATOR).
SECTION 5.04.
SPENDTHRIFT CLAUSE.
NO BENEFIT, DISTRIBUTION OR
PAYMENT UNDER THE PLAN MAY BE ANTICIPATED, ASSIGNED (EITHER AT LAW OR IN
EQUITY), ALIENATED OR SUBJECT TO ATTACHMENT, GARNISHMENT, LEVY, EXECUTION OR
OTHER LEGAL OR EQUITABLE PROCESS WHETHER PURSUANT TO A "QUALIFIED DOMESTIC
RELATIONS ORDER" AS DEFINED IN SECTION 414(P) OF THE CODE OR OTHERWISE.
ARTICLE VI
ADMINISTRATION AND RESERVATION OF RIGHTS
SECTION 6.01.
POWERS OF THE BOARD.
THE BOARD SHALL HAVE THE POWER
AND DISCRETION TO
(A)
DETERMINE ALL QUESTIONS ARISING IN THE INTERPRETATION AND
APPLICATION OF THE PLAN;
9
(B)
DETERMINE THE PERSON OR PERSONS TO WHOM BENEFITS UNDER THE PLAN
SHALL BE PAID;
(C)
DECIDE ANY DISPUTE ARISING HEREUNDER;
(D)
CORRECT DEFECTS, SUPPLY OMISSIONS AND RECONCILE INCONSISTENCIES TO
THE EXTENT NECESSARY TO EFFECTUATE THE PLAN; AND
(E)
HAVE ALL SUCH OTHER POWERS AS MAY BE NECESSARY TO DISCHARGE ITS
DUTIES HEREUNDER; PROVIDED THAT ANY DETERMINATION INVOLVING A PARTICIPANT WHO IS
A MEMBER OF THE BOARD SHALL BE MADE BY THE OTHER MEMBERS OF THE BOARD.
SECTION 6.02.
POWERS OF THE ADMINISTRATOR.
THE ADMINISTRATOR SHALL
HAVE THE POWER AND DISCRETION TO
(A)
PROMULGATE AND ENFORCE SUCH RULES, REGULATIONS AND PROCEDURES AS
SHALL BE PROPER FOR THE EFFICIENT ADMINISTRATION OF THE PLAN;
(B)
DETERMINE ALL QUESTIONS ARISING IN THE ADMINISTRATION OF THE PLAN;
(C)
COMPUTE THE AMOUNT OF BENEFITS AND OTHER PAYMENTS WHICH SHALL BE
PAYABLE TO ANY PARTICIPANT IN ACCORDANCE WITH THE PROVISIONS OF THE PLAN;
(D)
MAKE RECOMMENDATIONS TO THE BOARD WITH RESPECT TO PROPOSED
AMENDMENTS TO