Reso 2010-068 - Laserfiche WebLink

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a Beneficiary under the Plan, a distribution may also be made on account of an unforeseeable emergency of the Participant's Domestic Partner. 10.06. In-Service Distributions. The Plan may distribute to a Participant, who has not had a Severance From Employment with the Employer, the total amount payable to the Participant under the Plan if all of the following requirements are satisfied: A. The total amount payable to the Participant under the Plan that is not attributable to rollover contributions as defined in Code section 411(a)(11)(D), does not exceed the greater of (i) five thousand dailars ($5,000) or (ii) the dollar limit then in effect under Code section 411(a)(11)(A); B. No amount has been deferred under the Plan with respect to the Participant during the two (2) year period ending on the data of the in-service distribution; C. There has been no prior distribution under the Plan to such Participant under this In-Service Distributions section; and D. The Participant elects to receive the distribution. However, if the Participant's total Account balance under the Plan, including the Rollover Account, does not exceed one thousand dollars ($1,000), the Employer, in its sole and absolute discretion, can make a distribution without the Participant's consent. 10.07. Purchase Of Defined Benefit Plan Service Credit. A. If a Participant is also a participant in CaIPERS or another tax-qualified. defined benefit governmental plan as defined in Code section 414(d) (Recipient Plan) that provides for the acceptance of plan-to-plan transfers with respect to the Participant, then the Participant may elect to have a portion of the Participant's Plan account transferred to the Recipient Plan in accordance with this section. B. A transfer to a Recipient Plan may be made under subsection A, above, only if the transfer is either for the purchase of permissive service credit, as defined in Code section 415(n)(3)(A), under the Recipient Plan, or is a repayment to which Code .section 415 does not apply by reason of Code section 415(k)(3). C. Permissive service credit as defined in Code section 415(n)(3)(A) includes. actual service credit as well as service credit for periods during which there is no performance of service and which is defined as nonqualified service credit in Code section 415(n)(3)(C). A Participant may also purchase service credit for an increased benefit under the Recipient Plan even if the credit applies to service already earned under such plan. D. Subject to the provisions of the Recipient Plan, the limitations on the amount of nonqualified service credit that may be taken into account under Code section 415(n)(3)(B} shall not apply to atrustee-to-trustee transfer from this Plan to such Recipient Plan. E. In accordance with Code section 415(n)(3)(D), amounts transferred to a Recipient Plan under subsection B, above, shall be subject to the distribution rules that apply to such Recipient Plan. 22