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ARTICLE VI <br />MISCELLANEOUS <br />6.1 Participant's Right Not Subject to Execution. <br />The right of a Participant to a benefit under this Plan is not assignable and is not <br />subject to execution or any other process whatsoever, except to the extent permitted by <br />the Code of Civil Procedure and the Family Code of the State of California. Any <br />payment hereunder required under the California Family Code to a person other than the <br />Participant must not alter the form or amount of benefits hereunder except to the extent <br />provided in a Qualified Domestic Relations Order (as defined in Code Section 414(p)) <br />prior to the Participant's Break in Employment. <br />6.2 Investment. <br />All contributions, interest earned, and any assets of the Plan shall at all times be <br />invested and managed in accordance with the requirements of the California Government <br />Code. <br />6.3 Valuation. <br />The value of the Trust under the Plan shall be established periodically as <br />determined by the Employer in its discretion (but no less frequently than annually) and <br />investment gains and losses thereon shall be allocated to the Participants' Accounts. <br />Notwithstanding anything to the contrary herein, if the Employer determines that <br />Accounts should be valued on a more frequent basis or that an alternative method of <br />allocating earnings and losses would better serve the interests of the Participants or their <br />Beneficiaries or could more readily be implemented, the Employer may make such <br />changes; provided that any alternative method must result in Plan earnings being <br />allocated on the general basis of Account balances. <br />NB 1:564577.3 16 <br />55A-55