Avis 2008 Annual Report Download - page 246

18.2.2 Notwithstanding the provisions of Section 9.2 or any provision of the Plan, that portion of any Company contribution which is
made by reason of a good faith mistake in determining the deductibility of such contribution or a good faith mistake of fact shall be returned to
the Company, provided that the twelve-month period commencing on the date the deduction was disallowed or the date such contribution was
made, whichever is applicable, has not expired. The amount which shall be returned to the Company pursuant to the preceding sentence shall be
an amount equal to the excess of the amount actually contributed over the amount that would have been contributed if the mistake had not been
made; provided, however, that gains attributable to the returnable portion shall be retained in the Trust Fund; and provided, further, that the
returnable portion shall be reduced by any losses attributable thereto.
18.3. Mergers . This Plan shall not be merged into any other pension or retirement plan under circumstances resulting in a transfer of
assets or liabilities from this Plan to any other Plan unless immediately after any such merger, consolidation, or transfer each Member would (if
the Plan then terminated) receive a benefit which would be equal to or greater than the benefit he would have been entitled to receive
immediately before such merger, consolidation, or transfer.
18.4. Monthly Benefits . All monthly benefits shall be payable on the first date of each month.
18.5. Governing Law . Except to the extent preempted by federal law, the provisions of the Plan will be construed according to the
laws of the State of New York.
18.6. Headings . The headings of this Plan are inserted for convenience of reference only and shall have no effect upon the meaning
of the provisions hereof.
ARTICLE 19.
Top-Heavy Plans
19.1. Effects of Top-Heavy Status . In the event that the Plan shall be deemed to be a Top-Heavy Plan in accordance with the
provisions of Section 19.2 at any time on or after July 1, 1985, the following provisions shall automatically become applicable and shall
supersede any contrary provision of the Plan:
19.1.1 The vested portion of any Member’s Accrued Benefit derived from Company contributions shall be a percentage of such
Member’s Accrued Benefit derived from Company contributions determined on the basis of the Member’s years of Service, in accordance with
the following tables:
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