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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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36 <br />extraordinary circumstances, the following are examples of situations that shall NOT qualify for a distribution <br />under this section: (i) purchase of real estate; (ii) payment of college tuition; (iii) unpaid rent or mortgage <br />payments, except in the event of imminent foreclosure or eviction; (iv) unpaid utility bills; (v) loan <br />repayments; (vi) personal bankruptcy (except when resulting directly and solely from illness, casualty loss <br />or other similar extraordinary and unforeseeable circumstances beyond the Participant’s control); (vii) <br />payment of taxes, interest or penalties; or (viii) marital separation or divorce. <br />7.1.7.4 Plan Sponsor will make determinations with respect to any unforeseeable <br />emergency distribution request that does not clearly fall within the guidelines set forth above. In the event <br />of any changes to applicable law, including safe harbor defined in the Treasury Regulations, Empower may <br />revise this Direction from time to time and without furt her notice to Plan Sponsor. This Direction shall <br />remain in effect until revoked by either party. In order to receive this service, Plan Sponsor must also utilize <br />Empower’s beneficiary recordkeeping and deferral recordkeeping services. <br />7.1.7.5 For each Participant receiving an unforeseeable emergency distribution, <br />Plan Sponsor Directs Empower to notify Plan Sponsor to suspend elective deferrals for the period required <br />by the Plan, if any. Empower is Directed to deny any request where the unforeseeable emergency event <br />occurred prior to the Schedule Effective Date, or more than one year prior to the date the request is <br />received. Empower may contact Plan Sponsor for Direction when unusual situations arise. For each <br />request that is denied or that cannot be processed due to its failure to satisfy an unforeseeable emergency <br />event, Plan Sponsor Directs Empower to notify the Participant to contact Plan Sponsor if the Participant <br />wishes to appeal the determination. <br />7.1.7.6 Unforeseeable Emergency & Distribution Approval Fees. <br />Unforeseeable Emergency Approval <br />For each unforeseeable emergency distribution approval the following administration fee will apply: <br />0.00 for each unforeseeable emergency approval. <br />Distribution Withdrawal Fee <br />For each disbursement the following administration fee will apply and will be assessed to the Participant: <br />0.00 for each disbursement. <br />7.1.8 QDRO Review and Determination Services and Fees. <br />7.1.8.1 Review: Plan Sponsor Directs and authorizes Empower to handle <br />QDRO correspondence to and from involved parties and attorneys, including phone, email and other <br />written communication. Plan Sponsor Directs Empower to distribute QDRO Procedures and Model <br />QDRO to invo lved parties and attorneys. Plan Sponsor Directs Empower to place benefit holds as <br />soon as administratively feasible pursuant to the Plan’s adopted QDRO procedures. Plan Sponsor <br />Directs Empower to acknowledge receipt of a DRO and review the terms of the DR O to determine <br />whether the order meets the requirements of applicable federal law and satisfies the requirements
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