Avis 2008 Annual Report Download - page 245

ARTICLE 17.
Non-Alienation of Benefits
No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance
or charge, and any attempt so to do shall be void, except as specifically provided in the Plan, nor shall any such benefit be in any manner liable
for or subject to garnishment, attachment, execution or levy, or liable for or subject to the debts, contracts, liabilities, engagements or torts of the
person entitled to such benefit. Notwithstanding any provision of the Plan to the contrary, with respect to certain judgments, orders, decrees
and/or settlements issued or entered into on or after August 5, 1997, this Article 17 shall not preclude any offset of a Member’s Retirement
Pension in an amount which a Member is required to pay to the Plan in accordance with section 401(a)(13)(C) of the Code.
This Article 17 shall also apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a Member
pursuant to a domestic relations order, unless such order is determined by the Committee to be a qualified domestic relations order, within the
meaning of section 414(p) of the Code or such order was entered before January 1, 1985.
Upon written receipt of a domestic relations order, the Committee shall review this order, inform the Trustee, and gather such facts as
it may deem appropriate. The Committee may consult with legal counsel for the Plan in such matters. The Committee shall reach a decision
within eighteen (18) months of receipt of the order whether it is a Qualified Domestic Relations Order.
ARTICLE 18.
Miscellaneous
18.1. Rights of Employees
. Nothing herein contained shall be deemed to give any Employee the right to be retained in the employ of
the Company or to interfere with the right of the Company to discharge such Employee at any time, nor shall it be deemed to give the Company
the right to require the Employee to remain in its employ, nor shall it interfere with the Employee’s right to terminate his employment at any
time.
18.2. Return of Contributions .
18.2.1 The obligation of the Company to make any contribution to the Plan hereby is conditioned upon the continued qualification of
the Plan under section 401(a) of the Code and the exempt status of the Trust Fund under section 501(a) of the Code and upon the deductibility of
such contribution under section 404(a) of the Code. To the extent any such deduction is disallowed, the Company shall, within one year
following the disallowance of the deduction, demand repayment of such disallowed contribution and the Trustee shall return such contribution
within one year following the disallowance. Earnings of the Plan attributable to the excess contribution may not be returned to the Company, but
any losses attributable thereto must reduce the amount so returned.
-
46
-