R2013-23 APPROVING AMENDMENT TO EMPLOYER PARTICIPATION AGREEMENT

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or judicial settlement of its account. Such instruction shall be in writing and shall state that the disposition directed (i) does not, prior to the satisfaction of all liabilities under the Plan to Participants, result in any part of the Fund being used for or diverted to purposes other than the exclusive benefit of Participants and the payment of reasonable expenses of administering the Trust, and (ii) is in accordance with Code Section 501(c)(9) and other applicable laws. (b) Termination After All Liabilities Are Satisfied and Assets Remain in Trust. If there is an amount remaining in the Fund and the Administrator certifies to the Trustee that the Plan is terminated and all Plan liabilities have been satisfied, the Trustee shall then, upon the written instructions of the Administrator, distribute such amounts to one or more trusts or other entities established or maintained by the Employers and Unions representing former Participants in proportion to the accounts (as defined in the Plan) of Participants as of the date twelve months prior to the date all liabilities had been satisfied. The Administrator shall certify to the Trustee that such trust or entity shall provide life, sick, accident, or other benefits that are properly payable from a trust that is established for the purposes of Code Section 501(c)(9). No amounts shall revert to the Employers in contravention of Code Section 501(c)(9). The Trustee may, however, subject to the approval of the Administrator, reserve such sum of money as it deems is necessary for payment of its fees and expenses in connection with its administration of the Trust or the settlement of its account or for payment of taxes that may be assessed on or in respect of the Fund or the income thereof. ARTICLE XIII ADVISORY COMMITTEE 13.1 Appointment of Advisory Committee; Authority. Each participating group shall appoint one employee representative and one employer representative to an Advisory Committee for the Trust. Each Advisory Committee member shall serve from the effective date of appointment until the earlier of his or her death, incapacity, disqualification by law, resignation or removal. Removal and appointment of a successor Advisory Committee member shall be made by the Unions or Employer which appointed the member or its successor. An appointment to the Advisory Committee shall become effective by filing a written appointment signed by the appointing entity with the Administrator. The purpose of the Advisory Committee is to serve as a representative of the participating or affected groups for purposes of communications concerning the Administrator and Trustee on the Trust's operations and administration. The Advisory Committee shall have no responsibility with respect to the operation and administration of the Trust or the Plan, except that where the Trust or Plan provides for notifications to the Unions or Employers participating under the Trust, notification to the Advisory Committee members shall constitute such notification. In addition, any approval or veto rights which Unions or Employers may have concerning Plan or Trust changes or operations may be exercised by the Advisory Committee. 13.2 Authority of Advisory Committee to Remove the Administrator. Unions representing a majority of the Participants and Employers employing a majority of Participants, acting jointly, may remove the Administrator without cause during the last month of each Plan Year. If, within 60 days after notice of resignation or removal of the Administrator, the Advisory Committee representatives have not designated a successor Administrator, the Administrator may apply to any court of competent jurisdiction for the appointment of a successor Administrator. 12