Subtrusts. (a) If directed by the Committee, the Trustee shall establish a separate Subtrust for that Participant and credit the amount of such contribution to that Participant's Subtrust. Each Subtrust shall reflect an individual interest in the assets of the Trust fund and shall not require any segregation of particular assets. (b) Following the allocation of assets to Subtrusts pursuant to Section 3.3(a), the Trustee shall allocate investment earnings and losses of the Trust fund among the Subtrusts in accordance with Section 5.2 and as directed by Company. Payments to general creditors pursuant to Section 4.2 hereof shall be charged against the Subtrusts in proportion to their account balances, except that the payment of benefits to a Trust Beneficiary shall be charged against the Subtrust established or maintained for such Trust Beneficiary. (c) Amounts allocated to a Participant's Subtrust may not be utilized to pay benefits to another Participant or Beneficiary of another Participant. Following payment of a Participant's entire benefit under the Plan, including payment of an early distribution under Section 6.2 of the Plan (whether by the Trustee pursuant to the terms of this Trust Agreement or by the Participating Company or by a combination thereof), any amounts remaining allocated to that Participant's Subtrust shall be transferred by the Trustee to the Participating Company. In lieu of transferring such amounts, the Committee may direct the Trustee to retain such amounts in Trust allocated in accordance with Section 5.
Appears in 1 contract
Sources: Deferred Compensation Plan Trust Agreement (First American Financial Corp)
Subtrusts. (a) If directed by the Committee, the Trustee shall establish a separate Subtrust for that Participant and credit the amount of such contribution to that Participant's Subtrust. Each Subtrust shall reflect an individual interest in the assets of the Trust fund and shall not require any segregation of particular assets.
(b) Following the allocation of assets to Subtrusts pursuant to Section 3.3(a3.2(a), the Trustee shall allocate investment earnings and losses of the Trust fund among the Subtrusts in accordance with Section 5.2 and as directed by Company5.2. Payments to general creditors pursuant to Section 4.2 hereof shall be charged against the Subtrusts in proportion to their account balances, except that the payment of benefits to a Trust Beneficiary shall be charged against the Subtrust established or maintained for such Trust Beneficiary.
(c) Amounts allocated to a Participant's Subtrust may not be utilized to pay benefits to another Participant or Beneficiary of another Participant. Following payment of a Participant's entire benefit under the Plan, including payment of an early distribution under Section 6.2 of the Plan (whether by the Trustee pursuant to the terms of this Trust Agreement or by the Participating Company or by a combination thereof), any amounts remaining allocated to that Participant's Subtrust (and any Policy held with respect to such Participant) shall be transferred by the Trustee to the Participating Company. In lieu of transferring such amountsthe Policy, the Committee may direct the Trustee to retain such amounts designate a new beneficiary (which may be the Company) under the Policy or cash in Trust allocated in accordance with Section 5the applicable Policy and transfer the proceeds to the Company.
Appears in 1 contract
Sources: Deferred Compensation Plan Trust Agreement (First American Financial Corp)
Subtrusts. (a) If directed by the Committee, the Trustee shall establish a separate Subtrust for that Participant and credit the amount of such contribution to that Participant's Subtrust. Each Subtrust shall reflect an individual interest in the assets of the Trust fund and shall not require any segregation of particular assets.
(b) Following the allocation of assets to Subtrusts pursuant to Section 3.3(a3.2(a), the Trustee shall allocate investment earnings and losses of the Trust fund fund, only at the direction of the Committee, among the Subtrusts in accordance with Section 5.2 and as directed by Company5.2. Payments to general creditors pursuant to Section 4.2 hereof shall be charged against the Subtrusts in proportion to their account balances, except that the payment of benefits to a Trust Beneficiary shall be charged against the Subtrust established or maintained for such Trust Beneficiary.
(c) Amounts allocated to a Participant's Subtrust may not be utilized to pay benefits to another Participant or Beneficiary of another Participant. Following payment of a Participant's entire benefit under the Plan, including payment of an early distribution a Non-Scheduled In-Service Withdrawal or Hardship Distribution under Section Sections 6.2 and 6.3 of the Plan (whether by the Trustee pursuant to the terms of this Trust Agreement or by the Participating Company or by a combination thereof), any amounts remaining allocated to that Participant's Subtrust (and any Policy held with respect to such Participant) shall be transferred by the Trustee to the Participating Company. In lieu of transferring such amountsthe Policy, the Committee may direct the Trustee to retain such amounts designate a new beneficiary (which may be the Company) under the Policy or cash in Trust allocated in accordance with Section 5.the applicable Policy and transfer the proceeds to the Company
Appears in 1 contract
Sources: Deferred Compensation Plan Trust Agreement (Ch Energy Group Inc)