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RESOLUTION N0. 2008-163 ARTICLE IV AMENDMENT OR TERMINATION OF TRUST SECTION 4.01. Amendments. The Trustee reserves the right, by action of the Indian River County Board of County Commissioners, acting as the County OPEB Board of Trustees, to amend the Trust at any time, but no such amendment shall cause or permit any portion of the corpus or income of the Trust to revert to or become the property of or be used for the benefit of the County or shall conflict with the terms of the Plan or shall make the Trust revocable prior to the satisfaction of all liabilities of the Plan with respect to all Beneficiaries and payment of all Administrative Expenses. Any amendment that is necessary to bring the Trust into conformity with government laws or regulations in order to qualify the Trust under GASB 43 and GASB 45 shall be made and applied retroactively, nunc pro tunc. Copies of all amendments and/or separate documents relating to the Trust or the Benefits provided under the Trust shall be provided to the OPEB Trust Board as Trust Administrator. SECTION 4.02 Termination of Trust. In the event that (i) the County's contributions to the Trust have been terminated completely in accordance with the provisions of Section 2.09 hereof and (ii) all assets of the Trust have been distributed in accordance with the purposes of this Resolution, the Indian River County Board of County Commissioners shall also. have the power to terminate the Trust completely by appropriate resolutions specifying the date of such termination. All of the assets in the Trust on the date specified in such resolutions shall be held, administered, and distributed by the Trustee in the manner provided herein until all obligations under the Plan have been discharged and satisfied or all funds have been paid out. Until all assets of the Trust are distributed, the Trust shall continue and this Resolution shall remain in effect. In the event that assets of the Trust remain after (a) the termination of the Trust; (b) the satisfaction of all liabilities and obligations of the Plan with respect to each and every Beneficiary; and (c) payment of all Administrative Expenses, any such remaining assets may be returned to the County . ARTICLE V MISCELLANEOUS SECTION 5.01. Rights of Beneficiaries. Neither this Resolution nor the Trust shall give any Beneficiary any right to be retained for employment by the County or any right or claim to any Benefits hereunder. The adoption and maintenance of the Trust shall not be deemed to constitute a contract between the County and any retired County employee; the County and any retired County Constitutional Officer; or the County and any Beneficiary, or to be a consideration for, inducement to, or condition of, employment of any such person. If a retired employee is rehired by the County, nothing herein contained shall be construed to give any such employee the right to be retained in the employ of the County or to interfere with the right to terminate the re-employment of any 12