124 Savings Clause If any provision of this Plan is held to be unlawful, or unlawful as to a particular person or circumstance, such findings shall not adversely affect the application of the other provisions of the Plan as they are described in this SPD, unless the illegality makes the continued operation of the Plan impossible. Source of Plan Funding The benefits under the Plan are funded by monthly contribution payments by the Employers. There also are circumstances in which Employees self-pay to the Fund. In addition, the Trustees have purchased stop loss insurance to cover losses to the Fund in the event of large claims. The stop loss insurance is provided by Amalgamated Life Insurance Company: Amalgamated Life Insurance Company 333 Westchester Avenue White Plains, NY 10604 914-367-5000 The continuation of this insurance arrangement is at the discretion of the Trustees. Benefits are provided only to the extent permitted by the contributions. If contributions are not sufficient to maintain benefits, the Board of Trustees (Board) reserves the right to change the eligibility rules, reduce or change the benefits, or eliminate the Plan, in whole or in part. The amount of contributions and the Employees on whose behalf contributions are made are determined by the provisions of the collective bargaining agreements or other agreements, as approved by the Trustees. The Employer must make the required payments for a month for coverage to be provided for the period. The Trustees reserve the right to terminate the participation of any Employer at any time for any reason. All contributions and income from earnings are used exclusively for providing benefits to eligible Employees and their dependents, and for paying expenses incurred with respect to the operation of the Fund. Erroneous Contributions Once contributions are made to the Fund, they may be returned to an Employer, at the Trustees’ discretion, only upon the Employer’s written request and only if the Employer conclusively demonstrates that the contributions were made in error and the result would not be an impermissible rescission. Employers may not unilaterally take a credit against a future payment. In determining whether the contributions were made in error and whether a refund will be made, the Trustees will consider all circumstances, including the period of time that has elapsed since the contributions were made. Federal law provides that coverage by group health plans may not be rescinded (cancelled) retroactively (except to the extent attributable to a failure to pay timely monthly contributions towards coverage), unless there is fraud or an individual makes an intentional misrepresentation of material fact. In determining whether a refund of contributions will be made, the Trustees will consider whether the requested refund will result in an impermissible rescission of coverage under federal law or applicable regulations. If so, the contributions will not be refunded.