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55A - RESO - PARS AGMT
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55A - RESO - PARS AGMT
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5/28/2020 5:18:44 PM
Creation date
5/28/2020 5:12:59 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55A
Date
6/2/2020
Destruction Year
2025
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liability and accountability to the Agency, the Plan Administrator and Participants with respect to the <br />propriety of its acts and transactions shown in such account except with respect to any such acts or <br />transactions as to which the Agency files written objections within such ninety -day period with the <br />Trustee. <br />4.4 Reports. The Trustee shall file such descriptions and reports and shall furnish such <br />information and make such other publications, disclosures, registrations and other filings as are <br />required of the Trustee by the Code or any other applicable law or regulation. <br />4.5 Follow Plan Administrator and Investment Manager Direction. The Trustee shall have <br />the power and duty to comply promptly with all proper directions of the Plan Administrator, the <br />Agency, and any duly appointed investment manager. Except as to investment directions received <br />from the Plan Administrator or investment manager, the Trustee shall not act on any directions or <br />requests received from Participants. <br />ARTICLE V <br />RESTRICTIONS ON TRANSFER <br />5.1 Persons to Receive Pavment. <br />(a) As directed by the Plan Administrator, the Trustee shall, except as otherwise <br />provided in subsection (b), pay all amounts distributable hereunder only to the person or persons <br />designated under the Plan or deposit to the Participant's or Beneficiary's checking or savings account <br />and not to any other person or corporation, and only to the extent of assets held in the Trust. The <br />Plan Administrator's instructions to the Trustee regarding whether or not to make distributions, and <br />the amount of such distributions, shall be conclusive on all Participants and Beneficiaries. <br />(b) In the event any controversy shall arise as to the person or persons to whom any <br />distribution or payment is to be made by the Trustee, or as to any other matter arising in the <br />administration of the Plan or Trust, the Trustee may, (i) retain the amount in controversy pending <br />resolution of the controversy, (ii) file an action seeking declaratory relief, or (iii) interplead the <br />Trust Assets in issue, and (iv) name the Agency and/or any or all persons making conflicting <br />demands as necessary parties. <br />(c) The Trustee shall not be liable for the payment of any interest or income on any <br />amount withheld or interpleaded under subsection (b). <br />(d) The expenses incurred by the Trustee for taking any action under subsection (b) <br />shall be charged by the Trustee to the Trust unless paid by the Agency. <br />5.2 Assianment and Alienation Prohibited. In accordance with Section 457 of the Code, <br />Trust Assets shall not be subject to any claims of Agency or other creditors. Additionally, no benefit <br />or interest available hereunder shall be subject in any manner to assignment or alienation, whether <br />voluntarily or involuntarily, or to legal process except as permitted in the Internal Revenue Code, <br />applicable state or federal law, or as provided in the Plan. <br />55A►n30 <br />
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