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8F Consent 2009 0518
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8F Consent 2009 0518
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5/15/2009 10:48:02 AM
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5/15/2009 10:48:00 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/18/2009
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_CC Agenda 2009 0518
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Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0518
Reso 2009-067
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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(n) To maintain insurance for such purposes, in such amounts and with such <br />companies as the Plan Administrator shall elect, including insurance to cover <br />liability or losses occumng by reason of the acts or omissions of fiduciaries but <br />only if such insurance permits recourse by the insurer against the fiduciary in the <br />case of a breach of a fiduciary obligation by such fiduciary. <br />ARTICLE V <br />INVESTMENTS <br />5.1 Discretionary Versus Directed Investment <br />The Employer shall elect either a discretionary or directed investment approach. <br />If the Employer elects a discretionary investment approach, the Employer shall <br />further elect between the various investment strategies offered and the Trustee, in <br />accordance with Article IV, shall have absolute discretion over the investment of <br />the Assets held in such Employer's Agency Account. If the Employer elects a <br />directed investment approach, the Trustee shall direct the investment of the Assets <br />of such Employer's Agency Account in accordance with the direction provided by <br />such Employer. <br />5.2 Trustee Fees <br />As may be agreed upon, in writing, between the Plan Administrator and Trustee, <br />the Trustee will be paid reasonable compensation for services rendered or <br />reimbursed for expenses properly and actually incurred in the performance of <br />duties with respect to the applicable Agency Account or the Trust. <br />5.3 Contributions <br />Eligible Employees are not permitted to make contributions to the Trust. The <br />Plan Administrator shall, on behalf of the Employer, make all contributions to the <br />Trustee. Such contributions shall be in cash unless the Trustee agrees to accept a <br />contribution that is not in cash. All contributions shall be paid to the Trustee for <br />investment and reinvestment pursuant to the terms of this Trust Agreement. The <br />Trustee shall not have any duty to determine or inquire whether any contributions <br />to the Trust made to the Trustee by any Plan Administrator are in compliance with <br />the Employer's policies and/or collective bargaining agreements; nor shall the <br />Trustee have any duty or authority to compute ,any amount to be paid to the <br />Trustee by any Plan Administrator; nor shall the Trustee be responsible for the <br />collection or adequacy of the contributions to meet an Employer's OPEB <br />Obligation, as may be determined under GASB Statement No. 45. The <br />contributions received by the Trustee from each Employer shall be held and <br />administered pursuant to the terms hereof without distinction between income and <br />principal. <br />14 <br />NB I :657192:8 <br />
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