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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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44 <br />11.10 Final Participant Valuation. Send to the successor service provider, at a mutually agreed <br />upon date, reports of all historical files, documents and records necessary for the continuing administration <br />and recordkeeping of the Plan in electronic form (where available) and/or paper form (“Final Participant <br />Valuation”). As of the Service End Date, the Final Participant Valuation includes: (i) Current Participant <br />indicative and financial data; (ii) Participant level reports; (iii) Plan level totals; (iv) Investment valuation <br />statement; (v) Employee loan status report; (vi) Loan summary report; (vii) Deemed loan report; (viii) <br />Highest outstanding loan balance report; (ix) RMD report; (x) Installment tax withholding report; (xii) On - <br />line beneficiary data, if maintained by Empower; and (xiii) Scanned beneficiary forms, if maintained by <br />Empower. Notwithstanding the foregoing, the parties acknowledge that the reports and information <br />identified as Final Participant Valuation are subject to change based upon changes in plan administration <br />and/or system requirements. Plan Sponsor acknowledges that at the mutually agreed upon date, Empower <br />will provide only those reports applicable to the Plan and currently available from Empower’s recordkeeping <br />system. <br />11.11 Open Participant Case Records. Send open case records at a mutually agreed upon <br />date, or Service End Date, if later, to Plan Sponsor or to successor service provider at Plan Sponsor’s <br />Direction. <br />11.12 Year-end Processing. For Services that conclude as of December 31 for a calendar year <br />plan or the end of the Plan’s fiscal year, as applicable, perform any compliance testing, government filings, <br />or other reporting required as of that year-end. For Services that conclude as of any date other than <br />December 31, perform any government filings for completed S ervices (e.g., Forms 1099-R for Participant <br />distributions) and provide to Plan Sponsor the same year -end reports and information otherwise provided <br />for a calendar or fiscal year, as applicable, but only reflecting the portion of the calendar or fiscal year , as <br />applicable, for which Services were provided. <br />11.13 Fees Related to Transition Services. In the event Plan Sponsor requests Empower to <br />provide additional or extraordinary Transition Services (beyond those described in items 11.1 through 11.12 <br />above) including, but not limited to, change in data layout, change of data elements in standard layouts, <br />number of data transfer files, or services beyond Service End Date, Empower reserves the right to charge <br />the Plan or Plan Sponsor, as Directed by the Plan Sponsor, for additional or extraordinary Transition <br />Services at then-current hourly rates. Empower shall receive payment for services rendered within 30 days <br />of invoice delivery. In the event payment is not received within the stated timeframe all Transition Services <br />will cease until such time payment is received. <br />11.14 Transition Services after Service End Date . In addition to the foregoing, Empower <br />agrees to provide the following Transition Services for ninety days following the Agreement’s termination <br />effective date (“Service End Date”). <br />11.14.1 Provide up to 20 hours of Empower’s time responding to questions from the <br />Plan Sponsor or its auditor. Empower will charge the Plan or Plan Sponsor at then -current hourly rates for <br />time spent in excess of 20 hours. <br />11.14.2 To the extent information and/or reporting is readily available from Empower’s <br />systems, Empower agrees to provide to the successor service provider the following Transition Services <br />for up to 110 requests per month: (a) loan repayment information; (b) Participant account balances as of
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