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Third, Prime added a requirement that an employer had to
make actuarially determined contributions in any subsequent year
in which the employer notified Prime that the employer intended
to make a contribution for an employee who was entitled to a
greater vested percentage of his or her DWB than in the year the
Adoption Agreement was executed.
Fourth, Prime expanded the Trust's existing provisions to
state that the trustee would not be liable to a Covered Employee
or beneficiary with respect to shortfalls in any of the benefits.
The existing provisions were further expanded to provide that
neither Prime nor the trustee would be liable to a Covered
Employee or beneficiary as to decisions on the use of Suspense
Account assets to supplement or not to supplement a DWB. Other
new provisions reflected limits on the Trust's liability and
stated that Prime's maintenance of separate accounts was not a
separate trust fund.
Fifth, Prime replaced the term "experience gain" with the
term "Asset Gains, Liability Gains and Overfunded Gains", and set
forth a "measurable event" method of allocating gains to the
Suspense Account. Prime defined a measurable event as: a
severance, death, or attainment of Forfeiture Age of one or more
Covered Employees, or the withdrawal of the Employee Group.
Prime set forth another new provision that provided an objective
formula under which Prime was allowed to release a portion of the
Suspense Account when a measurable event occurred and an Employee
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