R2009-37 ADOPTING POST EMPLOYEMENT HEALTH PLAN

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ARTICLE XI REMOVAL/RESIGNATION OF THE INVESTMENT MANAGER OR CHANGE IN INVESTMENT MANAGER'S UNDERLYING FUNDING OPTIONS 11.1 Removal or Resiqnation. The Investment Manager may resign as Investment Manager for the Plan at any time by a written instrument delivered to the Administrator giving notice of such resignation. Subject to a veto right described below, the Investment Manager may be removed at any time by the Administrator provided the Administrator gives 30 days' advance written notice to the Employers and Unions. If Unions representing a majority of Participants and if Employers employing a majority of Participants object to such removal in writing to the Administrator within 30 days after the date of the Administrator's notification mailing, then the removal shall not become effective. If there is no sufficient veto, any notice of removal of the Investment Manager shall be effective after the Investment Manager receives notice of such removal or at such other time as is agreed to by the Administrator and the Investment Manager. 11 .2 Successor Investment Manaqer. If there is no Investment Manager, ' the Administrator, subject to the approval of participating groups as described below, shall appoint a successor Investment Manager. The Administrator shall provide 30 days' advance notice to the Employers and Unions that it has designated a successor Investment Manager. If Unions representing a majority of Participants and if Employers employing a majority of Participants object to the designated successor in writing to the Administrator within 30 days after the date of the Administrator's notification mailing, then the designation shall not become effective. The Administrator shall then seek a different successor. If there is no sufficient objection, the Administrator shall deliver to the Investment Manager copies of (a) a written instrument executed by the Administrator appointing such successor and (b) a written instrument executed by the successor in which it accepts such appointment. Such instruments shall indicate their effective date. 1 1 .3 Request for Different Fundina Option. (a) Change Proposed by Administrator. Subject to the approval of participating groups as described below, the Administrator may request that the Investment Manager invest the Trust assets in a suitable funding option different than the one currently selected. The Administrator shall provide 30 days' advance 22