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Reso 2003-118
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Reso 2003-118
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8/14/2009 1:34:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
5/18/2003
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PERM
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13.2 Outgoing Section 457 Plan to Plan Transfers While Employed. If the <br />Employer offers an eligible deferred compensation plan (as defined in Section 457 of the Code) <br />other than the Plan, and such other plan accepts transfers, the Participant may transfer the <br />account balance from the Plan to the other plan. <br />13.3 Incoming Section 457 Plan to Plan Transfers. Transfers from other <br />eligible deferred compensation plans (as defined in Section 456 of the Code) to the Plan will be <br />accepted at the Participant's request if such transfers are in cash or non-annuity products <br />currently offered under the Plan. Any such transferred amount shall not be subject to the <br />contribution limitation of Section 5.2, provided however, that the actual amount deferred during <br />the Employment Period under each plan, and the limitation applicable to each plan, shall be <br />taken into account in calculating the deferral limitation for that year. For purposes of <br />defermining the limitation set forth in Section 5.2, years of eligibility to participate in the prior <br />plan and deferrals under that plan shall be taken into account. <br />13.4 Incoming Eligible Rollover Distributions. The Plan may receive an <br />eligible rollover distribution (as defined in Section 402(c)(4) of the Code and including eligible <br />rollover distributions to surviving spouses under Section 402(c)(9) of the Code) on behalf of a <br />Participant from an eligible retirement plan (as defined in Section 402(c)(8)(B) of the Code) <br />provided (a) the eligible rollover distribution is made entirely in the form of U.S. dollars, and (b) <br />the Participant demonstrates to the Employer's satisfaction that the amount is a qualifying <br />eligible rollover distribution under Sections 402(c)(4) or 403(a)(4) of the Code. The intent of <br />this paragraph is, for the present, to exclude rollovers from individual retirement accounts to the <br />Plan. <br />13.5 Outgoing Eligible Rollover Distributions. Notwithstanding Section 7, a <br />Participant may elect, at the time and in the manner prescribed by the Employer, to have any <br />portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by <br />the Participant, provided the Participant presents to the satisfaction of the Employer a letter of <br />acceptance or other written acknowledgment from the accepting plan that it is an eligible <br />retirement plan qualified to accept the eligible rollover distributions. <br />13.6 Purchase of Service Credits. Notwithstanding Section 7, at any time, a <br />Participant may transfer all or a portion of his or her Account as a direct trustee-to-trustee <br />transfer to the trustee of a defined benefit government plan (as defined in Section 414(d) of the <br />Code), provided such transfer is for the purchase of permissive service credits (as defined in <br />Section 41 S(n)(3)(A) of the Code) or for the repayment of service credits permissible by Section <br />415(k)(3) of the Code. <br />Section 14. Domestic Relations Orders: <br />14.1 Receipt of Orders. When the Employer receives a judgment, decree or <br />other order entered or enforceable pursuant to local domestic relations or marital property law <br />("Domestic Relations Order" or "DRO"), and relating to the property rights of a Participant's <br />present or former spouse ("Alternate Payee"), then; <br />(a) The Employer shall promptly notify the Participant and Alternate <br />Payee of the receipt of the DRO, and <br />
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