Article: VIII Section: 5
Section 5. Amendment. This Trust Agreement may be amended
by a vote of three-fourths of the Trustees present and voting at a
meeting of the Trustees at which a quorum is present. Any Trustee
may require a unit vote in accordance with the provisions of
Section 5 of Article VI.
No amendment of or change in the Health Fund may be adopted
which will alter the basic principles hereof or be in conflict
with the then existing collective bargaining agreements or contrary
to any applicable law or governmental rule or regulation.
No amendment may be adopted which will cause any of the assets of
the Health Fund to be used for or diverted to purposes other than
those herein authorized or which will retroactively deprive any
person of any vested benefit; except any amendment may be made
which is required as a condition to obtaining or retaining the
approval of the Health Fund by the Internal Revenue Service under
the Internal Revenue Code or the Franchise Tax Board under the
California Revenue and Taxation Code as either are now in effect
or hereafter amended to the end that any contributions made to the
Health Fund by the Producers are deductible for federal income tax
and California state franchise tax purposes.
Whenever an amendment is adopted in accordance with this
Article, a copy thereof shall be distributed to each Principal
and Alternate Trustee and the Trustees shall notify any other
necessary persons or parties thereof and shall execute any
necessary instrument or instruments in connection therewith.
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