§ 1-7. Exclusive benefit.

(a) In general.

Notwithstanding any other provision of this article, other than subsection (b) of this section, no part of the assets of the Retirement Savings Plan may be used for or diverted to any purposes other than for the exclusive benefit of members and beneficiaries.

(b) Exception for mistake of fact.

(1) An employer contribution made by mistake of fact may be returned to the appropriate participating employer after payment of the mistaken contribution.

(2) The amount returned:

(i) must be reduced by its proportionate share of losses and expenses; and

(ii) may not be increased by any gains.