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SAN LEANDRO ADMINISTRATIVE CODE TITLE 10 HUMAN RESOURCES Chapter 1 Deferred Compensation Plan (3) By purchase and distribution of an immediate or deferred nontransferable fixed or variable annuity policy for the life of the member, which policy may provide for distribution in installments on the basis described in subparagraph (2) above. If the distribution is in kind, the amount distributed shall be the appropriate number, - under the method of distribution chosen, of shares used to measure the member's book account. If the distribution is in cash, the amount distributed shall be the net asset value on the date of distribution of the number of shares which otherwise would be distributed in kind. The employer shall select the method of distribution and shall make a distribution by any of the foregoing methods or combination thereof. (c) In the event of the termination of the employment of any member for reasons other than those specified in subsection (1) there shall be paid to him the value of his book account. The amount and method of payment shall be determined as provided in subsection (b). (d) Notwithstanding the date of actual termination of employment set forth in subsection (a) and subsection (c), the employer may specify that payments shall commence at a future date which is not later than the member's age seventy and one half (70'/z) or, if earlier, the date of his death. (e) If employment of the member continues after age fifty (50), the member may continue to be a member of the Plan and participate in it until his actual retirement date. (~ All actions and determinations of the employer under this Section shall be made upon a uniform and non-discriminatory basis. &10.1.140: EMPLOYER PARTICIPATION Notwithstanding any other provision of this Plan, but only to the extent of the maximum allowable contributions to the Plan set forth in § 10.1.125, the employer may make such additional deposits in the deferred compensation fund as it determines appropriate for any employee or employees as additional compensation for the services rendered by such employee or employees to the employer during the employment year. §10.1.145: NONASSIGNABILITY Subject to § 10.1.150, to the fullest extent permitted by law, the interest of a participant in the contractual obligation of the employer, established by the Plan, shall not be assignable in whole or in part, directly or by operation of law or otherwise, in any manner, and no right or interest of a participant in the employer's contractual obligation shall be liable for or subject to any obligation or liability of such participant. Department Responsible for Revision: Human Resources Chapter 10.1 04/19/1983 Page 6