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HomeMy WebLinkAbout2457 ARTICLE IV CONTRIBUTIONS Board of 4.01 Each Employer will cohtribute to the Trust Fund Directors in.respect of each Plan Year such amount from its ~ Determines Net Profits as its own Board of Directors shall, contribution before the last day of its fiscal year, determine, annually but not in excess of the maximum amount permitted under the Internal Revenue Code. Employee not 4.02 Each Employer shall determine the amount of any allowed to contributions to be made by it to the Plan. Such ~question determination shall be final and conclusive and - contribution shall not be subject to change as a result of a amounts subsequent audit by the Internal Revenue Service or as a result of any subsequent adjustment of such Employer's records. The determination by each Employer of such contribution or the earnings on which such contribution is based shall be bind- ' ing on the Trustees and all Participants, and i ~ shall not be subject to review in any manner. ; Neither the Trustees, Participants, nor any per- son interested in the Trust Fund shall have any a right to question that action, the judgment of any Employer, the accuracy of the books of ac- ~ count or other data, or the method of accounting ~ upon which such Employer might rely. The ~ Trustees shell have no right or duty to inquire into the amount of such Employer's contribution, ~ but shall be accountable only for funds actually ~ received. ~ Permissible 4.03 If an Emgloyer has no current or accumulated earn- ~ contribution ings or profits from which it may make a contri- ~ by an bution, or if its current or accumulated earnings ~ affiliated or profits are less than the amount it would have ~ company otherwise contributed, then any one or more other Employer which are in "Affiliated Group" as de- ~ fined in Section 1504 of the Internal Revenue ~ Code of 1954, with the non-contributing Employer, may contribute the amount which such Employer was ~ unable to contribute. , _ (7) ~ ,3 :'[~:i 4~ ` r' Z~~j- ' ~.._29 5fi ~ - ~ ~ , _ - ~ ~ , ~ y ~ ~ ' ~ ~ ~s ~ ~ r ~ ~ ; t y~ ~ ;a.~~$~ .r. ~ - ~ M,:.~~"r'~'~',~-