Common use of Limitations upon Beneficial Rights of Employees Clause in Contracts

Limitations upon Beneficial Rights of Employees. No Employee, participant or any beneficiary of a participant shall have any right, title or interest in or to the Trust Fund or any part thereof, provided, however, that any participant who shall be covered by an insurance plan, or his beneficiaries under such plan, shall be entitled to the benefits in the forms and amounts and subject to the terms and conditions of such insurance plan and of this Trust; provided further, however, that the benefits shall be free from the interference and control of any creditor, and no benefits shall be subject to any assignment or other anticipation, nor to seizure or to sale under any legal, equitable or any other process, and in the event that any claim or benefit shall, because of any debt incurred by or resulting from any other claim or liability against any participant or beneficiary, by reason of any sale, assignment, transfer, encumbrance, anticipation or other disposition made or attempted by said participant or beneficiary, or by reason of any seizure or sale or attempted sale under any legal, equitable or other process, or in any suit or proceeding become payable, or be liable to become payable to any person other than the participant or beneficiary for whom the same is intended, as provided herein, pursuant hereto, the Trustees shall have power to withhold payment of such benefit to such participant or beneficiary until such assignment, transfer, encumbrance, anticipation or other disposition, writ or legal process is cancelled or withdrawn in such manner as shall be satisfactory to the Trustees. Until so cancelled or withdrawn, the Trustees shall have the right to use and apply the benefits in a manner which to the Trustees may seem best, directly for the support and maintenance of such participant or beneficiary.

Appears in 4 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

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Limitations upon Beneficial Rights of Employees. No Employee, participant Participant, Beneficiary or Retiree, or any beneficiary of a participant other person, shall have any right, title or interest in or to the Trust EPB Fund or any part thereof, ; provided, however, that any participant Participant, Beneficiary or Retiree who shall be covered by an insurance plan, or his beneficiaries under such plan, shall be entitled to the benefits in the forms and amounts and subject to the terms and conditions of such insurance plan and of this TrustTrust Agreement; provided provided, further, however, that the benefits shall be free from the interference and control of any creditor, and no benefits shall be subject to any assignment or other anticipation, nor subject to seizure or to sale under any legal, equitable or any other process, and in the event that any claim or benefit shall, because of any debt incurred by or resulting from any other claim or liability against any participant Participant, Beneficiary or beneficiaryRetiree, by reason of any sale, assignment, transfer, encumbrance, anticipation or other disposition made or attempted by said participant Participant, Beneficiary or beneficiaryRetiree, or by reason of any seizure or sale or attempted sale under any legal, equitable or other process, or in any suit or proceeding proceeding, become payable, or be liable to become payable payable, to any person other than the participant Participant, Beneficiary or beneficiary Retiree for whom the same is intended, as provided herein, pursuant hereto, the Trustees shall have power to Trustees, in their sole discretion, may withhold payment of such benefit to such participant Participant, Beneficiary or beneficiary Retiree until such assignment, transfer, encumbrance, anticipation or other disposition, writ or legal process is cancelled or withdrawn in such manner as shall be satisfactory to the Trustees. Until so cancelled or withdrawn, the Trustees shall have the right to use and apply the benefits benefits, as the Trustees, in a manner which to the Trustees their sole discretion, may seem deem best, directly for the support and maintenance of such participant Participant, Beneficiary or beneficiaryRetiree. Notwithstanding any provisions contained in this Section to the contrary, unless expressly agreed to by the Trustees, or the Claims Administrator, any Participant, Beneficiary or Retiree may not assign their right to dispute allowed plan benefits to a health care provider. The only exception to this Section shall be a benefit payable pursuant to a Qualified Domestic Relations Order under the terms and conditions provided in the Act.

Appears in 1 contract

Samples: www.epbfund.com

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Limitations upon Beneficial Rights of Employees. No Employee, participant Participant or any beneficiary Beneficiary of a participant Participant shall have any right, title or interest in or to the Trust Fund or any part thereof, provided, provided however, that any participant Participant who shall be covered by an insurance plan, or his beneficiaries Beneficiaries under such plan, shall be entitled to the benefits in the forms and amounts and subject to the terms and conditions of such insurance plan and of this Trust; provided provided, further, however, that the benefits shall be free from the interference and control of any creditor, and no benefits shall be subject to any assignment or other anticipation, nor subject to seizure or to sale under any legal, equitable or any other process, and in the event that any claim or benefit shall, because of any debt incurred by or resulting from any other claim or liability against any participant Participant or beneficiary, by reason of any sale, assignment, transfer, encumbrance, anticipation or other disposition made or attempted by said participant or beneficiaryBeneficiary, or by reason of any seizure or sale or attempted sale under any legal, equitable or other process, or in any suit or proceeding proceeding, become payable, or be liable to become payable payable, to any person other than the participant Participant or beneficiary Beneficiary for whom the same is intended, as provided herein, pursuant hereto, the Trustees shall have power to withhold payment of such benefit to such participant Participant or beneficiary Beneficiary until such assignment, transfer, encumbrance, anticipation or other disposition, writ or legal process is cancelled or withdrawn in such manner as shall be satisfactory to the Trustees. Until so cancelled or withdrawn, the Trustees shall have the right to use and apply the benefits in a manner which to benefits, as the Trustees may seem deem best, directly for the support and maintenance of such participant Participant or beneficiaryBeneficiary. Notwithstanding any provisions contained in this section to the contrary, any Further, neither Participants nor Beneficiaries may assign, hospital, surgical and medical benefits to any third party, hospital or physician rendering services to the Participant or Beneficiary.

Appears in 1 contract

Samples: Agreement and Declaration

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