78. Mr Mitchell says that in any event the wording of Rule 1(2) of Schedule C
of the M Plan rules did not permit the use of db funds to defray the Principal
Employer's M Plan contributions. Mr Mitchell's basic contention is that since
the rule refers to "contributions", the "acceptable alternative method" by which
an employer must make contributions must relate to a method of paying
contributions, and not to the source of the contributions. He comments that Rule
1 (1)(a) does not define a method of making contributions and says it is not
clear what method the 'alternative method' of Rule 1(2) is an alternative to.
Hence, he believes the rule has no clear meaning at all. He also asks to whom
the alternative has to be acceptable: he argues that it is for the Trustee to
ensure that the method of payment was acceptable and commented that the power to
deem the method unacceptable was apparently surrendered by the Trustee when it
later approved the amendments of 2000.
Where does the determination conclude on this?