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insufficient to satisfy the judgment, one hundred percent (100%) of the SDB Money Market Fund will be <br />transferred to the core investments. If the balance is still insufficient to satisfy the judgment, the entire SDB <br />account may be liquidated and transferred to the core investments. <br />Unless the Alternate Payee elects an immediate lump sum distribution by the Plan at the time this Order is <br />submitted to, and approved by, the Plan, such benefits shall also be segregated and separately maintained in a <br />nonforfeitable Account(s) established on behalf of the Alternate Payee. This Accounl(s) will initially be established <br />proportionately in the sante core investment options as the Participant account. Alternate Payee may make <br />subsequent investment selections as and when permitted under the terns of the Plan. Alternate Payee's account <br />shall experience gains and or losses according to the investment experience of the investment options in which <br />Alternate Payee's share is invested. <br />9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects on an <br />appropriate form, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the <br />date this Order is approved as a QDRO by the Plan. Benefits will be payable to the Alternate Payee in any form or <br />permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor <br />annuity. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any <br />investment account(s) with respect to his or her share under the plan. <br />' 10. 'Alternate Payee's Rights and Privileges: tOn and after thedate that this Order is deemed to be a QDRO, but <br />before the. Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of <br />the rights and election privileges that are'afforded to Plan beneficiaries, including, but not limited to, the rules <br />regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, <br />only to the extent permitted under the provisions of the Plan. <br />11. Death of Alternate Payee: In the event ofthe Alternate Payee's death prior to receiving the full amount of benefits <br />assigned under this Order and under the benefit option chosen by the Alternate Payee. such Alternate Payee's <br />beneficiary(ies), as designated on the 'appropriate form provided to the Plan or, in the absence of a beneficiary <br />designation, the remainder of any unpaid benefits under the terms of this Order shall be paid in accordance with the <br />terms of the Plan. <br />12. Death of Participant: Should the Participant predecease the Alternate Payee, such Participant's death shall in no <br />way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. <br />13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: <br />a. to provide any type or form of benefits or any option not otherwise provided under the Plan; <br />b. to provide increased benefits to the Alternate Payee; <br />c. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under <br />another order previously determined to be a QDRO: or <br />d. to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation <br />or applicable judicial decision. <br />14. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the <br />certification by the Alternate Payee and the Participant to the Plan of such information as the Plan may reasonably <br />require from such parties. <br />15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a <br />QDRO, as it may be amended from time to time, and that the Plan shall reserve the right to reconfirm the qualified <br />slams of the Order at the time benefits become payable hereunder. <br />16. Tax Treatment of Distributions Made Under This Order: For purposes Sections 402(x)(1) and 72 of the Code, <br />or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be <br />treated as the distributee of any distribution or payments made to the Alternate Payee under the terns of this Order, <br />and as such, will be required to pay the appropriate federal income taxes on such distribution. <br />City of Santa Ana Service Agreement Amend No 3 <br />25M-10 <br />