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Except as specifically provided in Article III, no Actor prior to retirement in accordance with this Plan shall have any vested rights to benefits under this Plan.
It is expressly understood that in no event shall any of the corpus or assets of the Pension Fund revert to the Producers or be subject to any claims of any kind or nature by the Producers, except for the return of an erroneous contribution within the time limits prescribed by law.
Wherever any words are used in this Plan in the masculine gender, they should be construed as though they were also used in the feminine gender in all situations where they would so apply; and wherever any words are used in this Plan in the singular form they should be construed as though they were also in the plural form in all situations where they would so apply, and vice versa.
This Plan has been adopted on the basis of an actuarial calculation which has established, to the extent possible, that the contributions will, if continued, be sufficient to maintain the Plan on a permanent basis. However, it is recognized that the benefits provided by this Plan can be paid only to the extent that the Plan has available adequate resources for those payments. No Producer has any liability, directly, or indirectly, to provide the benefits established by this Plan beyond the obligation of the Producer to make contributions as stipulated in his Collective Bargaining Agreement. In the event that at any time the Pension Fund does not have sufficient assets to permit continued payments under this Plan, nothing contained in this Plan and the Trust Agreement shall be construed as obligating any Producer to make benefit payments or contributions (other than the contributions for which the Producer may be obligated by his Collective Bargaining Agreement) in order to provide for the benefits established by the Plan. Likewise, there shall be no liability upon the Plan Trustees, individually or collectively, or upon any Producer or SAG to provide the benefits established by this Plan if the Pension Fund does not have assets to make such benefit payments.
If payment of any benefit to an individual under this Plan cannot be effectuated because the individual cannot be located within three (3) years from the date the individual's distribution became payable or a distribution has been issued to the individual, but the individual has not collected upon the distribution within three (3) years from the date the individual's distribution became payable, then the Plan shall consider such benefit to be forfeited and shall delete such individual from the list of those entitled to current benefits under the Plan's records. The Plan shall reinstate the benefit of any individual who presents himself or herself to the Plan after such forfeiture has occurred, although such reinstatement shall not include any adjustment for increases or decreases in the benefit formula for the period between the date of forfeiture and the date of reinstatement.
If for any reason payment of benefits to an individual under this Plan exceeds the amount of benefits that should have been paid, then the Trustees can take all actions they determine to be necessary and appropriate to recover the overpaid benefits. Such actions may include withholding future benefit payments to offset the amount of the overpaid benefits and/or requiring the Participant to repay the overpaid benefits.