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Empower 3/9/2022
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Empower 3/9/2022
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Last modified
3/25/2022 10:04:30 AM
Creation date
3/25/2022 10:02:40 AM
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Template:
Contracts
Contractor's Name
Empower
Approval Date
3/9/2022
Council Approval Date
2/16/2022
Department
Human Resources
Department Project Manager
Kandy Bartlett
Subject / Project Title
Administrative Services for 457(b) Plan
Tracking Number
0000842
Total Compensation
$0.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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EMPOWER <br /> RETIREMENT' <br /> 3.4. Plan Document and Compliance Responsibilities. Plan Sponsor has the responsibility <br /> to ensure that the Plan documents are accurate and complete and that the Plan is being operated in <br /> accordance with its terms and applicable law. Plan Sponsor shall provide Empower with a signed copy of <br /> the Plan document and all amendments to the Plan document within thirty(30) days after such document <br /> and/or amendment is adopted. Plan Sponsor acknowledges that it is responsible for reviewing the accuracy <br /> and completeness of all Plan document services performed by Empower, if any. Plan Sponsor is solely <br /> responsible for ensuring that a Plan is qualified under the Code. <br /> 3.5. Disclosures. Plan Sponsor agrees to comply with all of its notice and disclosure <br /> responsibilities under applicable law. <br /> 3.6. Investment Options. Plan Sponsor is responsible for the selection of all investment <br /> options made available under the Plan ("Investment Options") based on Plan Sponsor's independent <br /> evaluation, or that of its registered investment advisor, consultant, broker or other agent, as applicable. <br /> Plan Sponsor must notify Empower in writing of the Investment Options intended to be serviced by <br /> Empower and such Investment Option services are only provided as agreed upon by Empower and may <br /> be subject to certain limitations or conditions. Plan Sponsor acknowledges that the Plan's transition to <br /> Empower may be delayed if there is a change in the Investment Option selections. <br /> As part of the Services provided by Empower,the Plan's assets may be invested in a group <br /> annuity contract and/or array of funds offered by Great-West, its affiliates or other investment providers <br /> (the"Investment Program"). Empower may add, delete and/or replace available investment options <br /> offered under the Investment Program with at least sixty(60) days written notice to Plan Sponsor or the <br /> Plan fiduciary.This notice will explain the fund change, communicate the timeline and effective date of <br /> the fund change, provide information on fees received by Empower or an affiliate from a fund company, <br /> and explain Plan Sponsor's or the Plan fiduciary's right to opt out of the change. Plan Sponsor or the Plan <br /> fiduciary will be deemed to have approved such change unless Plan Sponsor's or Plan fiduciary's written <br /> objection is received by Empower within the sixty(60) day notice period. If Plan Sponsor or the Plan <br /> fiduciary objects to the fund change, Empower may terminate this Agreement, but will continue to provide <br /> services for at least sixty(60)days after the effective date of the fund change. <br /> If allowed within the Investment Program, Plan Sponsor may request an addition, deletion, and/or <br /> replacement with respect to investment options available in the Plan. Plan Sponsor must provide <br /> Empower with notice of the intended change sixty(60) days prior to the intended date of the fund lineup <br /> modification. Empower must confirm, in writing, its ability to administer any requested fund additions, <br /> deletions and/or replacements prior to these changes being implemented. Once Empower receives notice <br /> of such fund change request, Empower will assess the Plan's pricing and the selected fund company's <br /> administrative requirements. Empower reserves the right to decline a fund change request if Empower is <br /> unable to administer the fund requested.Additionally, Empower reserves the right to reevaluate and <br /> modify the Fee Schedule as part of the request, and the Plan Sponsor acknowledges that such a request <br /> could impact the fees paid by the Plan or Plan Sponsor.The Plan Sponsor shall provide sufficient notice <br /> of the Plan's desired fund change to provide Empower with the opportunity to conduct the necessary <br /> review and to ensure that Plan participants can be provided with notification of fund changes at least thirty <br /> (30) days prior to the effective date of the change. If applicable, Plan Sponsor agrees to cooperate with <br /> Empower to create and deliver all necessary participant communications, and acknowledges that there <br /> may be an additional cost for such communications. <br /> SAGWTPACOGOV0521 <br /> 3 <br />
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