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Reso 2010-068
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Reso 2010-068
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6/10/2010 5:17:43 PM
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6/10/2010 5:17:41 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
6/7/2010
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PERM
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8E Consent 2010 0607
(Reference)
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\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0607
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or subject to the debts, contracts, liabilities or tarts of the person entitled to such <br />benefits. <br />B. The prohibitions contained in this Nonalienation Of Benefits section shall not apply to a <br />"qualified domestic relations order" as defined in Code section 414(p), and those other <br />domestic relations orders permitted to be so treated by the Administrator under the <br />provisions of the Retirement Equity Act of 1984. The Administrator shall establish a <br />written procedure to determine the qualified status of domestic relations orders and to <br />administer distributions under such qualified orders. <br />C. The prohibitions contained in this Nonalienation Of Benefits section shall not apply to <br />any arrangement for the recovery by the Plan of overpayments of benefits previously <br />made to a Participant or Beneficiary. <br />D. The prohibitions contained in this Nonalienation Of Benefits section shall not apply to <br />any offset of a Participant's benefits provided under the Plan against the amount that <br />the Participant is ordered or required to pay to the Plan; provided, however, that the <br />following requirements are satisfied: <br />1. The order or requirement to pay arises under a judgment or conviction for a <br />crime involving the Plan; or <br />2. The judgment, order, decree or settlement agreement expressly provides for <br />the offset of all or a part of the amount ordered or required to be paid to the <br />Plan against the Participant's Plan benefits. <br />14.02. Employee Plans Compliance Resolution System. <br />In accordance with standards that are similar to those set forth in the Employee Plans <br />Compliance Resolution System as described in Rev. Proc. 2008-50 and any subsequent <br />guidance, the Administrator has the authority to correct any Plan document, operational, <br />demographic and Employer eligibility failures through self correction (if applicable) or voluntary <br />correction with Internal Revenue Service approval. <br />14.03. Limitation Of Rights: Emplovment Relationship. <br />Nothing contained in this Plan shall be construed as a contract of employment between the <br />Employer and any Employee, or as a right of any Employee to be continued in the <br />employment of the Employer, or as creating or modifying the terms of an Employee's <br />employment, or as a limitation on the right of the Employer to discharge any Employee, with or <br />without cause. Unless the law or this Plan explicitly provides otherwise, rights under any other <br />employee benefit plan maintained by the Employer (for example, benefits upon an Employee's <br />death, retirement, or other termination) do not create any rights under this Plan to benefits or <br />continued participation. The fact that an individual is eligible to receive benefits under this <br />Plan does not create any rights under any other employee benefit plan maintained by the <br />Employer, unless that plan or the law explicitly provides otherwise. <br />14.04. Limitation Of Rights Of Participants And Others. <br />Neither the establishment of the Plan or the Trust, nor any modifications thereof, nor the <br />creation of any fund or account, nor the payment of any benefits, shall be construed as giving <br />to any Participant ar any other person any legal or equitable right against the Employer, the <br />Administrator, or its designated representative, or the Trustee, except as expressly provided <br />herein or as provided by iaw. <br />36 <br />
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