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Agenda - 12-07-2009 - 4g
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Agenda - 12-07-2009 - 4g
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12/9/2009 9:42:47 AM
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12/4/2009 12:46:27 PM
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BOCC
Date
12/7/2009
Meeting Type
Regular Meeting
Document Type
Agenda
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4g
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Minutes - 20091207
(Linked From)
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\Board of County Commissioners\Minutes - Approved\2000's\2009
RES-2009-083 Authorizing County Participation in a 457 Deferred Compensation Plan
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2009
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25 <br />Notwithstanding the foregoing, the Administrator, in order to ensure tine orderly administration of this <br />provision, ma}~ establish a deadline after which such election to defer the commencement of distribution of <br />benefits shall not be allowed. <br />(b) Louts: Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the commencement <br />of benefits after a Severance Event shall operate to defer the distribution of any amount in the Participant's <br />loan account in the event of a default of the Participant's loan. <br />7.02 Payment Options. As provided in Sections 7.0I, 7.04 and 7.05, a Participant may elect to have ti~alue of the <br />Participants Account distributed in accordance with one of the follo«ng payment options, provided that such option <br />is consistent tivith the limitations set forth in Section 7.03: <br />{a) Equal monthl}; quarterly; semi-annual or annual pa}~ments in au amount chosen by the Participant, <br />continuing until his or her Account is exhausted; <br />(b} .One lump-stun payment; <br />(c) Approximately equal monthly, quarterly, semi-annual or at2nual payments, calculated to continue for a period <br />certain chosen by the Participant; <br />(d} Annual Payments equal to the minimum distributions required under Section 401(x)(9) of the Code, <br />including the incidental death benefit requirements of Section 401{a}(9}(G}, over the life expectanry of the <br />Participant or over the life expectancies of the Participant and his or her Beneficiary; <br />(e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer; <br />(f) A split distribution under «~hich payments under options (a), (b), (c) or {e) commence or are made at the <br />same time, as elected by the Participant under Section 7.01, provided that afl payments commence {or are <br />made) by the latest benefit commencement date permitted under Section 7.01; <br />(g) Atiy other pa}mient option elected by the Participant and agreed to by the Employer and Administrator. <br />A Participants selection of a payment option under Subsections (a), (c), or (g) above may include the selection of an <br />automatic annual cost-of living increase. Such increase will be based on the rise in the Consumer Price Index for All <br />Urban Consumers (CPI-U) from the third quarter of the last year in which acost-of-living increase was provided to the <br />third quarter of the current year. Any increase will be made in periodic payment checks beginning the following January: <br />7.03 Limitation on Options. No pa}~ment option may be selected by a Participant tuider subsections 7.02(x) or (c) <br />unless the amount of any installment is not less than $ I00. No payment option may be selected by a Participant <br />under Sections 7.02, 7.04, or 7.05 unless it satisfies the requirements of Sections 401(a)E9) and 457(d)(2} of the Code, <br />including that payments conunencing before the death of the Participant shall satisfy the incidental death benefit <br />requirements wider Section 401(a)(9)(G) of the Code. <br />7.x4 Minimum Required Distributions. Notvithstandingony provision of the Plan to the contrar}; the Plan shall <br />comply with the minimum required distribution rules set forth in Sections 457(4){2) and 401(x)(9) of the Code, <br />including the incidental death benefit requirements of Section 401(a)(9)(G) of the Code. <br />7.05 Post-Retirement Death Benefits. <br />(a) Should the Participant die after he or she has begun to receive benefits under a payment option, the remaining <br />payments, if an}; utrder the payment option shall continue until the Administrator receives notice of the <br />Participant's death. Upon notification of the Participant's death, benefits shall be payable to the Participant's <br />Beneficiary commencing not later than December 31 of the year following the year of the Participant's death, <br />provided that the Beneficiary may elect to begin benefits earlier than that date. <br />10 <br />
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