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A.3.1 Adoption. The Employer hereby: <br />A.3.1.1.Adopts the Trust Agreement as part of the (Check one or both of the following boxes.): <br />OPEB Plan <br />Pension Plan <br />(each such plan separately, the "Plan") and agrees to be bound by the Trust Agreement's terms, effective <br />as of the Employer's signore date below and subject to the investment approach selected below. <br />A.3.1.2.The,following provisions apply if and only if the OPER Plan box above is checked: (i) <br />Adopts the Plan Document and agrees to be bound by the Plan Document's terms, effective as of the <br />Employer's signature date below and (ii) acknowledges that the determination of Eligible Employees and <br />Eligible Beneficiaries is finally and conclusively made by the Employer according to the Employer's <br />applicable policies and collective bargaining agreements and without reference to the Trust Agreement. <br />A.3.1.3.Ratifies, affirms, and approves Employer's appointment of Phase II Systems as Trust <br />Administrator and represents and warrants that attached hereto is a fully -executed original of Employer's <br />Agreement for Administrative Services with Phase II Systems, d/b/a Public Agency Retirement Services <br />(PARS). <br />A.3.1.4.Agrees that capitalized terms used herein but not defined herein shall have the same <br />meaning attributed to them as in the Trust Agreement or Plan Document, as the case may be. <br />A.4.1. The Employer hereby represents and warrants that: <br />A.4.1.1. Authorizing Law. Employer has reviewed with its legal counsel and has <br />determined that Employer is authorized to establish and maintain the Plan and to establish a financial - <br />institution trust (separate and apart from the state) for the Plan, including the authority to adopt the Trust <br />Agreement. <br />A.4.1.2. Authorizing Resolution. Attached hereto is a certified copy of a resolution of <br />the Employer's governing body authorizing the adoption of the Trust Agreement as part of the Plan and <br />authorizing the appointment of the Plan Adm aistrator designated by position of employment at the <br />Employer to act on the Employer's behalf in all matters relating to the bust; <br />A.4.1.3. Tax Status. The Plan is a "governmental plan" as defined in Section 414(d) of <br />the Internal Revenue Code of 1986, as amended; is a "Section 401(a)(24) governmental plan" as defined <br />in Revenue Ruling 2011-1; and is not subject to Federal income taxation. The Plan's governing <br />document expressly provides that it is irrevocably impossible for any part of the corpus or income of the <br />Plan to be used for, or diverted to, purposes other than for the exclusive benefit of the Plan participants <br />and their beneficiaries. The Pension Plan is a qualified plan under Code Section 401(a). (In addition, the <br />Employer hereby acknowledges that the Plan is prohibited from assigning any part of its equity or interest <br />in the trust.) <br />Page 2 of 4 <br />