PAYMENTS SHALL BE MADE, AND
THE PARTICIPANT SHALL NOT HAVE ANY INTEREST IN ANY PARTICULAR ASSETS OF THE
EMPLOYER BY REASON OF ITS OBLIGATIONS HEREUNDER.
TO THE EXTENT THAT ANY PERSON
ACQUIRES A RIGHT TO RECEIVE PAYMENT FROM THE EMPLOYER, SUCH RIGHT SHALL BE NO
GREATER THAN THE RIGHT OF AN UNSECURED CREDITOR OF THE EMPLOYER.
10.2
TRUST.
IF SO DESIGNATED IN THE ADOPTION AGREEMENT,
THE EMPLOYER MAY ESTABLISH A TRUST WITH THE TRUSTEE, PURSUANT TO SUCH TERMS AND
CONDITIONS AS ARE SET FORTH IN THE TRUST AGREEMENT.
THE TRUST, IF AND WHEN
ESTABLISHED, IS INTENDED TO BE TREATED AS A GRANTOR TRUST FOR PURPOSES OF THE
CODE AND ALL ASSETS OF THE TRUST SHALL BE HELD IN THE UNITED STATES.
THE
ESTABLISHMENT OF THE TRUST IS NOT INTENDED TO CAUSE PARTICIPANTS TO REALIZE
CURRENT INCOME ON AMOUNTS CONTRIBUTED THERETO, AND THE TRUST SHALL BE SO
INTERPRETED AND ADMINISTERED.
Section 11.
Allocation of Responsibilities:
The persons responsible for the Plan and the duties and responsibilities
allocated to each are as follows:
11.1
BOARD.
(I)
TO AMEND THE PLAN;
(II)
TO APPOINT AND REMOVE MEMBERS OF THE
COMMITTEE; AND
(III)
TO TERMINATE THE PLAN AS PERMITTED IN
SECTION 14.
11.2
COMMITTEE.
(I)
TO DESIGNATE PARTICIPANTS;
(II)
TO INTERPRET THE PROVISIONS OF THE PLAN
AND TO DETERMINE THE RIGHTS OF THE PARTICIPANTS UNDER THE PLAN, EXCEPT TO THE
EXTENT OTHERWISE PROVIDED IN SECTION 16 RELATING TO CLAIMS PROCEDURE;
22
(III)
TO ADMINISTER THE PLAN IN ACCORDANCE WITH
ITS TERMS, EXCEPT TO THE EXTENT POWERS TO ADMINISTER THE PLAN ARE SPECIFICALLY
DELEGATED TO ANOTHER PERSON OR PERSONS AS PROVIDED IN THE PLAN;
(IV)
TO ACCOUNT FOR THE AMOUNT CREDITED TO THE
DEFERRED COMPENSATION ACCOUNT OF A PARTICIPANT; AND
(V)
TO DIRECT THE EMPLOYER IN THE PAYMENT OF
BENEFITS.
11.3
PLAN ADMINISTRATOR.
(I)
TO FILE SUCH REPORTS AS MAY BE REQUIRED
WITH THE UNITED STATES DEPARTMENT OF LABOR, THE INTERNAL REVENUE SERVICE AND ANY
OTHER GOVERNMENT AGENCY TO WHICH REPORTS MAY BE REQUIRED TO BE SUBMITTED FROM
TIME TO TIME; AND
(II)
TO ADMINISTER THE CLAIMS PROCEDURE TO THE
EXTENT PROVIDED IN SECTION 16.
Section 12.
Benefits Not Assignable; Facility
of Payments:
12.1
BENEFITS NOT ASSIGNABLE.
NO PORTION OF ANY BENEFIT
CREDITED OR PAID UNDER THE PLAN WITH RESPECT TO ANY PARTICIPANT SHALL BE SUBJECT
IN ANY MANNER TO ANTICIPATION, ALIENATION, SALE, TRANSFER, ASSIGNMENT, PLEDGE,
ENCUMBRANCE OR CHARGE, AND ANY ATTEMPT SO TO ANTICIPATE, ALIENATE, SELL,
TRANSFER, ASSIGN, PLEDGE, ENCUMBER OR CHARGE THE SAME SHALL BE VOID, NOR SHALL
ANY PORTION OF SUCH BENEFIT BE IN ANY MANNER PAYABLE TO ANY ASSIGNEE, RECEIVER
OR ANY ONE TRUSTEE, OR BE LIABLE FOR HIS DEBTS, CONTRACTS, LIABILITIES,
ENGAGEMENTS OR TORTS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ALL OR
ANY PORTION OF THE BENEFIT OF A PARTICIPANT IS TRANSFERRED TO THE FORMER SPOUSE
OF THE PARTICIPANT INCIDENT TO A DIVORCE, THE COMMITTEE SHALL MAINTAIN SUCH
AMOUNT FOR THE BENEFIT OF THE FORMER SPOUSE UNTIL DISTRIBUTED IN THE MANNER
REQUIRED BY AN ORDER OF ANY COURT