R2013-23 APPROVING AMENDMENT TO EMPLOYER PARTICIPATION AGREEMENT

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ESTABLISHMENT OF TRUST 2.1 Name. This Trust shall be known as Trust for The Post Employment Health Plan for Collectively Bargained Public Employees. 2.2 Establishment of Trust. The Association hereby establishes with the Trustee a Trust consisting of such monies and assets acceptable to the Trustee as shall from time to time hereafter be paid or delivered to the Trustee by or on behalf of the Employers. 2.3 Purpose of Trust. (a) The Fund shall be held by the Trustee in trust and dealt with in accordance with the provisions of this Agreement. This Trust is the funding medium of a VEBA within the meaning of Code Section 501(c)(9), and the Fund shall be used solely for, and not diverted from,the exclusive purposes of providing benefits qualifying under Code Section 501(c)(9) to Participants and defraying reasonable expenses of administering the Plan and the Fund. Although the Trust shall fund the benefits under the Plan,the Trust may later fund other benefits which are permissible under Code Section 501(c)(9). (b) Notwithstanding section 2.3(a) hereof,the Trustee shall return contributions if the Plan permits the return of contributions under one of the following circumstances: (i) the contribution is made by a mistake of fact; (ii) the Internal Revenue Service (hereinafter"IRS") determines that the Trust is not tax- exempt under Code Section 501(a); or (iii) the IRS determines that the Trust has unrelated business taxable income under Code Section 512(a)(3)(E). Any contribution that is made by a mistake of fact shall be returned within one year from the date it was paid to the Trustee and not at any time thereafter. If the IRS determines that: (1)the Trust is not tax-exempt under Code Section 501(a), or(ii) the Trust has unrelated business taxable income under Code Section 512(a)(3)(E), all contributions made to the Trust in the year for which such determination is made shall be returned within one year after the date that the IRS so determines, and not at any time thereafter. All contributions to the Trust are conditioned upon the contributions not being treated as unrelated business taxable income of the Trust under Code Section 512(a)(3)(E) and upon the tax-exempt status of the Trust under Code Section 501(a). 2.4 Tax Qualification Amendments. Upon execution of this Agreement, the Trustee shall proceed to make application to the IRS for a favorable ruling as to the tax-exempt status of the Trust under Code Section 501(a). Amendments may be made to this Agreement retroactively to the effective date of this Agreement, in accordance with the terms of this Agreement, if such amendments are deemed advisable in order to secure the favorable tax ruling. 2.5 Expenses of Trust. The Trustee shall pay expenses of the Trust directly from the Fund. It is expressly agreed that expenses of the Trust will include any and all amounts paid by the Trustee under any agreement with a bank or financial institution relating to the maintenance of a lockbox and the providing of lockbox services. 2.6 Compensation of Trustee. The Trustee shall receive compensation for its services as trustee in accordance with the schedule agreed upon from time to time between the Administrator and the Trustee. If such compensation is not paid on a timely basis, such compensation shall be a charge against the Fund at the direction of the Administrator. 3