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Item 19 - Agreement with Empower Annuity Insurance Company for the Employee Deferred Compensation Plan
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09/19/2023 Regular
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Item 19 - Agreement with Empower Annuity Insurance Company for the Employee Deferred Compensation Plan
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10/24/2023 11:43:40 AM
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10/24/2023 11:35:25 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
19
Date
9/19/2023
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31 <br />6.6 Deferral Processing. If Plan Sponsor provides Empower at implementation with an <br />electronic employee data feed of all the Participant deferral amounts/percentages or full PDI file, Plan <br />Sponsor hereby Directs and authorizes Empower to allow Participants to update their deferral elections via <br />the website and VRU. Empower will forward updated deferral information to Plan Sponsor according to the <br />schedule elected by Plan Sponsor. <br />6.7 Establishment of Participant Accounts. Empower shall establish and maintain an <br />account for each Participant. Each account record shall consist of the Participant’s name, social security <br />number, address, date of birth, telephone number and such other information as may be required from time <br />to time for administration of the Plan. If the Plan allows for Roth after-tax, Empower will maintain an <br />accounting of the contributions and earnings in separate accounts. Amounts distributed from Roth accounts <br />will be made and tax reported pursuant to the applicable provisions of the Agreement. <br />6.8 Beneficiary Recordkeeping. <br />6.8.1 Spousal Consent. If a beneficiary designation requires spousal consent, such <br />designation may be made only by a Plan administrative paper form. <br />6.9 Receipt and Investment of Contributions. Empower will credit contributions for <br />allocation to Participant accounts in accordance with Direction from the Plan Sponsor and as set forth <br />below. Empower will allocate or otherwise apply forfeitures under the Plan accounts, if any, as Directed by <br />the Plan Sponsor. Empower will pass Directions to invest such contributions, and to execute appropriate <br />transactions related to forfeitures, to the Plan trustee or custodian in accordance with investment Directions <br />of the Plan Sponsor. <br />6.9.1 Timing Requirements for Contributions Funded via ACH, Check or Wire . <br />Contributions received by Empower in good order prior to the close of any Business Day will be processed <br />effective that Business Day, at that Business Day’s net asset / uni t values. Contributions not received by <br />Empower prior to the close of Business Day will be processed effective the next Business Day. <br />6.10 Monitoring the Deferral Limits. Unless otherwise Directed, Empower will monitor <br />Participants’ total deferrals under the Plan for the calendar year and provide warning messages for payroll <br />contributions processed within the Plan Service Center (PSC). However, it is the Plan Sponsor’s <br />responsibility to ensure that the applicable limit(s) for the Plan are not exceeded. Any distributions <br />requested by the Plan Sponsor to correct excess deferrals will be appropriately tax reported. <br />6.10.1 Empower will provide assistance to Participants in calculating special catch -up <br />contributions. Plan Sponsor acknowledges that Participants are fu lly responsible for the accuracy of these <br />calculations. <br />6.11 Investment Transfers of Existing Assets. Empower or its designee will process <br />investment transfers or exchanges, as applicable, received in good order subject to any conditions and/or <br />limitations imposed by the available Investment Options under the Plan or Investment Option Sponsors . <br />Empower will pass to the Plan trustee or custodian, as applicable, Directions to execute or record as <br />appropriate the corresponding transactions involving the assets of the Plan’s trust. Requests for Participant- <br />initiated transfers between Investment Options will be processed if the request is received by Empower in <br />good order prior to market close on a Business Day. Any transfer request not received by Empower during <br />a Business Day will be processed the next Business Day, or such earlier time as may be required in order <br />to comply with applicable law.
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