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PARS Benefit Trust I+BO City of Santa Ana <br />PARS 3121 Part -Time Social Security Alternative Retirement Plan Effective December 19, <br />2011 <br />This Trust Agreement (the "Trust Agreement" or "Trust") is made by and among the City of Santa <br />Ana (the "Agency") as the sponsor of the PARS Benefit Trust P'BO City of Santa Ana PARS <br />3121 Part -Time Social Security Alternative Retirement Plan Effective December 19, 2011 (the <br />"Plan"), the Plan Administrator or the Plan's administrative committee (the "Plan Administrator"), <br />Union Bank, N.A., a national banking association as Trustee ("Union Bari1<, N.A." or the "Trustee") <br />and Public Agency Retirement Services as Trust Administrator (the "Trust Administrator"). <br />PURPOSE <br />The Agency has established the PARS Benefit Trust PBO City of Santa Ana PARS 31.21 Part - <br />Time Social Security Alternative Retirement Plan Effective December 19, 2011 for the benefit <br />of eligible employees. <br />The Agency has established this Trust for the exclusive purpose of providing Plan benefits to its <br />employees ("Participants") and their beneficiaries ('Beneficiaries") and defraying reasonable <br />expenses of the Plan and Trust. The Agency has reserved the right to amend this Trust from time to <br />tinic. The Plan Administrator for this Plan and Trust shall mean the person who holds a particular <br />position or title designated by the Agency's governing body. <br />The Plan provides that, from time to time, cash and other assets may be provided or forwarded to the <br />Trustee by the Agency to be held and administered in trust for the uses and purposes of the Plan, <br />solely for the purpose of providing such benefits. Subject to specific conditions set forth in this <br />Trust Agreement, the Trustee agrees that it will receive cash and other property of the Plan <br />acceptable to the Trustee, constituting Plan contributions from the Agency or transfers for the benefit <br />of the Plan, and shall hold and invest such cash and other property (the "Assets") for the uses and <br />purposes and upon the terms and conditions stated in this Trust Agreement (the "Trust"). The <br />Agency intends that the Plan shall qualify under Section 457(b) of the Internal Revenue Code of <br />1986, as amended (the "Code"), and that the Trust hereby created shall be treated as a trust exempt <br />from tax under Section 501 of the Code, and shall not be subject to any claims of the Agency's <br />creditors, <br />ARTICLE I <br />TRUSTFUND <br />1.1 Signing Authority. The Agency's Board of Trustees, Board of Directors or other duly <br />authorized governing body shall certify in writing io the Trustee the names and specimen signatures <br />of all those who are authorized to act as, and on behalf of, the Plan Administrator, and those names <br />and specimen signatures shall be updated as necessary by such governing board or other duly <br />authorized officer of the Agency. <br />1.2 Acceptance of Assets. All contributions or transfers shall be received by the Trustee in <br />cash or in any other properly acceptable to the Trustee, The Trust shall consist of the contributions <br />and transfers of Assets received by the Trustee, together with the income and earnings from such <br />55A:�-20 <br />