PCBC » Topics » 3.1 Contributions .

This excerpt taken from the PCBC 10-K filed Mar 30, 2005.

3.1 Contributions.

 

3.1.1 Amount. Each Participating Company shall contribute to the Trust an amount equal to the amount deferred for the Plan Year by each Participant. Each Participating Company may also contribute cash to the Trust an amount approximately equal to the “cost of insurance” (as defined in the pertinent insurance policy owned by the Participating Company Trust) needed to fund the death benefits described in Section 4.2.4 of the Plan; provided that such obligation shall not apply with respect to any insurance policy if the Administrator has directed the Trustee to discontinue such policy. The Administrator may direct the Trustee to discontinue the policy for any reason, without regard to whether Section 4.2.4 of the Plan is in effect, whether a policy has been issued on the Participant or otherwise.

 

3.1.2 Principal and Income. Except as otherwise provided herein, all contributions received pursuant to Section 3.1.1, above, together with the income therefrom and any increment thereon, shall be held, managed and administered by Trustee as a Participating Company Trust pursuant to the terms of this Trust Agreement without distinction between principal and income.

 

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3.1.3 Trust Assets. The principal of the Trust and any earnings thereon shall be held separate and apart from other funds of Participating Company and shall be used exclusively for the uses and purposes of Plan Participants and general creditors as herein set forth. Trust Beneficiaries shall not have any preferred claim on, or any beneficial ownership interest in, any assets of the Trust prior to the time such assets are paid to Trust Beneficiaries as benefits as provided in Section 4, below, and all rights created under this Trust Agreement shall be mere unsecured contractual rights of Trust Beneficiaries against the Participating Company or Participating Company Trust. Any assets held by the Trust will be subject to the claims of the Participating Company’s general creditors under federal and state law in the event of the Insolvency of the Participating Company, provided however, that the only Trust Assets subject to the claims of a Participating Employee’s general creditors shall be those assets allocated to the Participating Company Trust maintained for such Participating Company.

 

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