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Prime nor the Trustee had any liability to a Covered Employee for
the manner in which Suspense Account assets were used or
allocated among the Employee Groups.
Third, Prime removed the obligation of an employer to make
an actuarially determined contribution in any subsequent year in
which an employee became eligible for a DWB. Prime replaced this
obligation with an obligation to do so only if the employer
notified Prime that the employer intended to make such a
contribution.
D. The December 21, 1989, Trust Agreement
Prime amended the Trust Agreement a second time on or about
December 21, 1989. Prime made these amendments primarily to
reflect matters affecting the trustee. None of these amendments
are relevant to our discussion herein.
E. The June 30, 1990, Trust Agreement
Prime amended the Trust Agreement a third time on or about
June 30, 1990. In relevant part, Prime made the following
amendments.
First, Prime inserted Security Pacific as the successor
trustee.
Second, Prime added a provision allowing DWB's to be funded
through the purchase of a second to die life insurance policy.
Another new provision allowed the funding of death benefits
through the purchase of term insurance and second to die life
insurance policies.
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