discontinued, is determined by the company prior to his termination of service with the company or within one year after his service with the company is terminated or within one year after his retirement under the plan, as the case may be, the retirement committee, upon notice in writing from the company, may terminate such a participant's interest and benefits under the plan and trust fund.
It is apparent from this provision that the company has the power to determine if Nelson's conduct was dishonest conduct injurious to the company. After a determination of dishonest conduct, the retirement committee is responsible for terminating the participant's benefits. The section also provides the decision of the retirement committee shall be final and binding. The determination of dishonest conduct can only beor highly compensated and any such decision so made by the retirement committee shall be final and binding on all participants and other persons affected by such decision. (Emphasis added).
The record supports the jury finding that the committee failed to act in good faith. The jury was instructed that bad faith includes using standards more strict than those applied to others similarly situated. There is evidence throughout the record that the retirement committee, in its revoking of Nelson's benefits, treated Nelson differently than those who acted similarly. Bob A. Lilly was named as a co-conspirator in the federal information against Nelson and his retirement benefits are still intact. Ira Rutherford, the general manager of AMPI who served on the retirement committee from 1972 to 1978, testified that the