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Group had insufficient assets to pay DWB's, or an Employee Group
withdrew from the Trust. This formula was stated as follows:
fair market theoretical actuarial actual employer
value of liability for employee group contributions
suspense x theoretical actuarial x theoretical
account on liability for Trust employer
valuation Date contributions
Prime added other provisions that defined the relevant terms in
the formula and gave Prime the absolute discretion not to use the
formula if using it would be inconsistent with a purpose of the
Prime Plan.
Sixth, Prime added a provision that specified that a
withdrawing employer's written notice must list a withdrawal date
no later than 90 days after Prime received the notice. Prime
added another new provision specifying that it would deliver to
the employer within 60 days of Prime's receipt of the notice an
accounting of the employer's account in the Prime Plan.
Seventh, Prime listed the asset allocation procedures that
it would use to distribute assets to employees of a withdrawing
employer.
Eighth, Prime listed the trustee's rights and duties to
include: (1) The right to be reimbursed for the employment of
experts that it considered necessary to carry out its
obligations, (2) the right to be held harmless from and against
any loss, liability, or expense incurred without gross
negligence, breach of trust, or violation of the Employee
Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406,
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