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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
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Agenda Packet
Agency
Finance & Management Services
Item #
19
Date
9/19/2023
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35 <br />vesting schedule. If Plan Sponsor has not provided a Participant’s birth date, or if there is a discrepancy <br />between the birth date on the system and the birth date on the request form submitted by the Participant, <br />Plan Sponsor Directs Empower to reject the request pending further information. <br />7.1.4.1 Signatureless In-Service Distribution Withdrawal Fees. <br />For each benefit disbursement the following administration fee will apply and will be assessed to the <br />Participant: <br />0.00 for each benefit disbursement. <br />Voluntary In-Service De Minimis Distributions. Plan Sponsor Directs Empower to process, without Plan <br />Sponsor’s further approval, Participant-initiated De Minimis distribution requests received in good order and <br />in a manner acceptable to Empower. <br />7.1.6 Required Minimum Distributions (RMDs). The Plan Sponsor Directs Empower <br />to provide a notice to Participants who, based on the Plan records reflected on Empower’s recordkeeping <br />platform, are RMD eligible and have not already set up a RMD on Empower’s system. Unless the Plan <br />Sponsor separately Directs Empower otherwise in writing, if the Participant does not timely provide an <br />election for the RMD as described in the notice, the Plan Sponsor Directs Empower to process a RMD with <br />respect to such Participant in accordance with procedures provided by Empower, provide d Empower has <br />sufficient data required to make such a distribution. In order to receive this service, Plan Sponsor must also <br />utilize Empower’s vesting tracking services, if applicable. <br />7.1.7 Signatureless Distributions Due to Unforeseeable Emergencies. Plan <br />Sponsor Directs and authorizes Empower to process, without Plan Sponsor’s further approval, all <br />Participant requests, received in good order and in a manner acceptable to Empower, for distributions due <br />to unforeseeable emergency resulting in a severe financial hardship to the Participant that cannot be <br />alleviated by any other means available to the Participant. Empower shall only process such requests if <br />they meet the safe harbor definition set forth in the Treasury Regulations, as described below . Plan Sponsor <br />further Directs Empower to rely on any and all representations made by a Participant in a request. The <br />following situations shall qualify for a distribution under this section: <br />7.1.7.1 An illness or accident of the Participant, the Participant’s spouse, or the <br />Participant’s dependent (as defined in Code §152, and for taxable years beginning on or after January 1, <br />2005, without regard to Code §152(b)(1), (b)(2) and (d)(1)(B)); <br />7.1.7.2 Loss of the Participant’s property due to casualty; <br />7.1.7.3 The following extraordinary and unforeseeable circumstances, if they arise <br />as a result of events beyond the control of the Participant: (a) the imminent foreclosure of or eviction from <br />the Participant’s primary residence; (b) the need to pay for medical expenses, including nonrefundable <br />deductibles, as well as the cost of prescription drug medication; and (c) the need to pay for the funeral <br />expenses of a spouse or a dependent (as defined in Code §152, and for taxable years beginning on or after <br />January 1, 2005, without regard to Code §152(b)(1), (b)(2) and (d)(1)(B)) of Participant; (d) except in
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