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HomeMy WebLinkAbout1425 230 Pay= 083 ARTICLE VII - TRUSTEE ~ 7.1 BASIC RESPONSIBILITES OF THE TRUSTEE. The Trustee shall have the following categories of responsibilities: (a) Consistent with the "funding policy and method" deter- mined by the Employer to invest, manage, and control the Plan _ assets subject, however, to the direction of an Investment Manager if the Employer should appoint such manager as to all or a portion of the assets of the Plan in accordance with the provisions of Section 2.1(c); (b) To pay benefits required under the Plan to be paid to Participants, or, in the event of their death, to their Bene- ficiaries; (c) To maintain records of receipts and disbursements and furnish to the Employer and/or Administrator for each Fiscal Year a written annual report per Section 7.6. If there shall be more than one Trustee, they shall act by a major- ity of their number, but may authorize one or more of them to sign papers on their behalf. 7.2 INVESTMENT POWERS AND DUTIES OF THE TRUSTEE. (a) The Trustee shall invest and reinvest the Trust Fund - to keep the Trust Fund invested without distinction between prin- cipal and income and in such securities or property, real or personal, wherever situated, as the Trustee shall deem advisable, including, but not limited to, stocks, common or preferred, bonds and other evidences of indebtedness or ownership, and real estate or any interest therein. The Trustee shall at all times in making investments of the Trust Fund consider, among other factors, the short and long-term financial needs of the Plan on the basis of information furnished by the Employer. In making such investments, the Trustee shall not be restricted to securities or other property of the character expressly authorized by the applicable law for trust investments; however, the Trustee shall give due regard to E any limitations imposed by the Code or the Act so that at all times this Plan may qualify as a qualified pension plan and trust. (b) The Trustee may from time to time transfer to a common, collective or pooled trust fund maintained by any corporate Trustee, all or such part of the Trust Fund as the Trustee may deem advisable, and such part or all of the Trust Fund so trans- ferred shall be subject to all of the terms and provisions of the common, collective, or pooled trust fund which contemplates the commingling for investment purposes of such trust assets with trust assets of other Trusts. The Trustee may, from time to ~ time, withdraw from such common, collective, or pooled trust fund all or such part of the Trust Fund as the Trustee may deem ~ advisable. P (c) If life insurance policies have been issued under the ~ Plan to insure the death benefits provided hereunder, the Trustee, at the direction of the Administrator, shall apply for, own, and pay premiums on such life insurance policies. Life insurance policies shall at the direction of the Administrator, be surren- dered to the insurer for their cash value or transferred to the E Former Participant under the terms of this Agreement. The Trustee s ~ - 2 s - s~~r 230 P~c_ 083 ~ ao~X315 PAGE~9t~?J