Complete 2012 Journal - 2012 NC Conference Journal

264 The North Carolina Annual Conference – 2012 Journal
constitution without the consent of individual members of the Fund. No amendment
shall have the effect of modifying any benefit election of any member in effect at the
time of such amendment or modifying the benefit of any member who retired prior to
the date of such amendment, unless the amendment expressly so provides. The Annual
Conference established this Fund with the intent that it will be maintained for an indefinite
period of time. However, the Annual Conference reserves the right to terminate the
Fund, in whole or in part, at any time. No amendment, modification or termination of
the Fund shall adversely affect the members benefits accrued for his or her retirement at
the time of termination of the Fund.
XXI. Miscellaneous Provisions
A. Prohibition Against Diversion - Subject to Code section 414(p), there shall be no
diversion of any portion of the assets of the plan other than for the exclusive benefit
of members and their beneficiaries.
B. Delegation of Authority - The Board of Pensions, Conference Treasurer and the
Hearing Committee may authorize any agent or agents to carry out their duties,
and may employ such counsel, auditors, and other specialists and such clerical, actuarial
and other services as it may require in carrying out the provisions of the Fund.
C. Notification of Mailing Address - Each member and other person entitled to
benefits hereunder shall from time to time file with the Conference, in writing, such
persons post office address and change of post office address. Any check representing
any payment due hereunder, and any communication forwarded to a member
of beneficiary at the last known address as indicated by the records of the Conference
shall constitute adequate payment to such person and be binding on such
person for all purposes of the plan. The Conference, Board of Pensions, Conference
Treasurer and Hearing Committee shall not be under any obligation to search for
or ascertain the whereabouts of any such person.
D. Unclaimed Benefits - If any benefits payable to, or on behalf of, a member are not
claimed within a reasonable period of time from the date of entitlement, as determined
by the Hearing Committee, and if the member cannot be located at his or
her last provided mailing address, such member shall be presumed dead and the
post-death benefits, if any, under this plan shall be paid to his or her beneficiary if
he or she is then living and can be located. If the member’s beneficiary is not then
living or cannot be located, or if no beneficiary was effectively named, the member’s
account shall be forfeited and treated as dividends pursuant to Article VII.
E. Facility of Payment - Whenever, in the Hearing Committees opinion, a person
entitled to receive any payment of a benefit under the plan is under a legal disability
or is incapacitated in any way so as to be unable to manage such person’s financial
affairs, the Hearing Committee may, to the extend permitted by law, make payments
directly to the person, to the person’s legal representative, or to a relative or
friend of the person to be used exclusively for such person’s benefit, or apply any
such payment for the benefit of the person in such manner as the Hearing Committee
deems advisable. Any benefit payment (or installment thereof ) made in
accordance with the provisions of this shall completely discharge the obligation for
making such payment under the plan.
F. Commingling of Assets - The assets of the Fund may be commingled in a common
fund made up of such accounts or in a common fund with other amounts
exclusively devoted to church purposes, provided that the part of such fund which
equitably belongs to the plan shall be separately accounted for and cannot be used
for or diverted to purposes other than for the exclusive benefit of employees and