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the trustees to use these accumulated earnings to pay for other
types of permissible benefits under section 501(c)(9) within a
reasonable amount of time thereafter.
(4) It was not permissible for any part of the trust fund
to be diverted to purposes other than the benefit of the members
as provided under the plan or for payment of administrative
expenses of the trust fund.
(5) The trustees were to invest the assets of the trust
fund as a single fund, without distinction between principal and
income, in common stocks, preferred stocks, bonds, notes,
debentures, savings bank deposits, commercial paper, mutual
funds, and in such other property as the trustees deemed suitable
for the trust fund.
(6) Petitioner was entitled to amend or terminate the plan
and the trust agreement at any time. Under no circumstances,
however, could any assets of the fund revert to petitioner unless
the contribution was made due to mistake of fact and returned
within 1 year after such mistake became known.
(7) Upon termination of the plan, the trustees were to
apply all the remaining income and assets of the trust fund in a
uniform and nondiscriminatory manner toward the provision of plan
benefits or other life, sickness, accident, or similar benefits
permissible under section 501(c)(9).
The trust agreement named the following officers of
petitioner as trustees: Robert W. Rulevich, vice president;
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Last modified: May 25, 2011