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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
(Reference)
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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or Delegatee, or such other security procedure as selected by the party providing <br />wire transfer directions, prior to wiring funds or following facsimile directions as <br />Trustee may require. The Plan Administrator assumes the risk of delay of transfer <br />if Trustee is unable to reach the Plan Administrator, or in the event of delay as a <br />result of attempts to comply with any other security procedure selected by the <br />directing party. <br />5.7 Exclusive Benefit <br />The Assets of an Employer's Agency Account shall be held in trust for the <br />exclusive purpose of providing post-employment health care and welfare benefits <br />to the Eligible Employees of the Employer pursuant to the Employer's policies <br />and/or applicable collective bargaining agreements, and defraying the reasonable <br />expenses associated with the providing of such benefits, and shall not be used for <br />or diverted to any other purpose. No party shall have authority to use or divert the <br />Assets of an Agency Account of an Employer for the payment of post- <br />employmenthealth care and welfare benefits or expenses of any other Employer. <br />5.8 Delegation of Duties <br />The Plan Administrator, Delegatee, or Trust Administrator, may at any tune retain <br />the Trustee as its agent to perform any act, keep any records or accounts and make <br />any computations that are required of the Plan Administrator, Delegatee or Trust <br />Administrator by this Trust Agreement or by the Plan. The Trustee may be <br />compensated for such retention and such retention shall not be deemed to be <br />contrary to this Trust Agreement. <br />5.9 Distributions <br />The Trustee shall, from time to time, upon the written direction of the Plan <br />Administrator or Delegatee, make distributions from the Assets of the Trust to the <br />insurers, third party administrators, health care and welfare providers or other <br />entities providing Plan benefits or services, or to the Employer for reimbursement <br />of Plan benefits and expenses paid by the Employer in such manner in such <br />form(s), in such amounts and for such purposes as may be specified in such <br />directions. <br />In no event shall the Trustee have any responsibility respecting the application of <br />such distributions, nor for determining or inquiring into whether such <br />distributions are in accordance with the Employer's policies and/or applicable <br />collective bargaining agreements. <br />]6 <br />N B I :657192.8 <br />
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