Common use of Limitation on Plan Amendments Clause in Contracts

Limitation on Plan Amendments. (a) No amendment to the Plan that has the effect of increasing liabilities of the Non-Contributory Pension Plan by reason of increases in benefits, establishment of new benefits, changing the rate of benefit accrual or changing the rate at which benefits become nonforfeitable shall take effect during any Plan Year if the Non-Contributory Pension Plan’s Adjusted Funding Target Attainment Percentage for such Plan Year (i) is less than 80% or (ii) would be less than 80% taking into account such amendment.

Limitation on Plan Amendments. (a) No amendment to the Plan that has the effect of increasing liabilities of the Non-Non- Contributory Pension Plan by reason of increases in benefits, establishment of new benefits, changing the rate of benefit accrual or changing the rate at which benefits become nonforfeitable shall take effect during any Plan Year if the Non-Contributory Pension Plan’s Adjusted Funding Target Attainment Percentage for such Plan Year (i) is less than 80% or (ii) would be less than 80% taking into account such amendment.