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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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33 <br />For each benefit disbursement the following administration fee will apply and will be asse ssed to the <br />Participant: <br />0.00 for each benefit disbursement. <br />6.14 Code Section 402(f) Notice. Empower shall provide Participants with the IRS model <br />notice, as amended from time to time, pursuant to Code Section 402(f). <br />6.15 Uncashed Checks. With respect to any checks issued from Plan assets during the term <br />of the Agreement, Plan Sponsor Directs Empower to treat such checks as void after 180 days and to <br />transfer the amounts to a plan level account on a semi-annual basis. Plan Sponsor is solely responsible for <br />determining the appropriate handling of uncashed checks and any unclaimed property under the applicable <br />federal and state laws including the determination and handling of amounts related to lost Participants. <br />6.16 Missing Participant Administrative Services. Plan Sponsor is solely responsible for <br />identifying and locating missing Participants. Upon request by Plan Sponsor, Empower will provide reports <br />or other information to the Plan Sponsor with respect to Participants with undeliverable addresses as <br />reflected in Empower’s records. Also at Plan Sponsor’s request, Empower will provide a description of <br />administrative services and associated fees, as updated from time to time, to assist the Plan Sponsor with <br />identifying and locating missing Participants and reissuing benefit payments to Participants. The <br />administrative services may include performing Participant address searches using a commercial locator <br />service, updating Participant address records and attempting to contact Participants using certified U.S. <br />mail. Plan Sponsor may select such services and agree to the associated fees via a separate letter of <br />direction. <br />6.17 Distribution Education Services. Empower or its Affiliates will make retirement <br />consultants available to Participants to provide distribution education services and may contact Participants <br />who are eligible to receive distributions from the Plan to provide information regarding distribution options <br />under the Plan including rollover services and products offered by Empower. <br />7 SIGNATURELESS RECORDKEEPING SERVICES <br />7.1 General Requirements. This Section 7 [Signatureless Recordkeeping Services] describes <br />certain services under which Empower will process Participant requests without obtaining Plan Sponsor <br />signature or other further approval. In doing so, Empower will not exercise any fiduciary authority or make <br />any discretionary determinations. Rather, this Section 7 [Signatureless Recordkeeping Services] will act as <br />Direction by Plan Sponsor for Empower to process all Participant requests that meet the stated criteria. In <br />order to receive the signatureless services detailed in this Section 7 [Signatureless Recordkeeping <br />Services] Plan Sponsor must utilize the Plan Service Center (“PSC”) and must provide all necessary <br />information in a PDI file. Plan Sponsor must also provide any additional information or Direction as required <br />by, and in a form acceptable to, Empower. In addition, in most cases, Empower must be the sole <br />recordkeeper for the Plan. If at any time Plan Sponsor does not meet these general requirements, or does <br />not meet the specific requirements of any service described in this Section 7 [Signatureless Recordkeeping <br />Services], Empower shall not be responsible to continue to provide such service.
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