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Empower 3/9/2022
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Empower 3/9/2022
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Entry Properties
Last modified
3/25/2022 10:04:30 AM
Creation date
3/25/2022 10:02:40 AM
Metadata
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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 /> RETIREMEN r <br /> If Plan Sponsor offers Plan Investment Options that are recordkept outside of this Agreement <br /> ("Outside Assets"), Plan Sponsor hereby instructs Empower to restrict any and all transfers between the <br /> Outside Assets and the Plan assets recordkept under this Agreement. If Plan Sponsor has selected a <br /> Great-West annuity product, Plan Sponsor agrees that any provision(s)of the group annuity contract to <br /> the contrary are inoperable with respect to the Plan. <br /> Plan Sponsor acknowledges that Empower or its affiliates may receive fees from mutual fund <br /> families or other Investment Option sponsors or their affiliates for providing certain administrative or other <br /> services thereto ("Fund Service Fees"). Plan Sponsor may request additional information regarding such <br /> fees at any time. If the provider of an Investment Option causes an Investment Option to become <br /> unavailable, Empower will notify Plan Sponsor as soon as practicable after the Investment Option <br /> Sponsor notifies Empower. If any employer securities are included as an Investment Option or are <br /> otherwise contributed under the Plan, (i) Plan Sponsor shall be responsible for any Securities and <br /> Exchange Commission (the"SEC")or state registration, prospectus delivery or Form 11-K annual <br /> reporting requirements; and (ii) Empower shall not be responsible for the enforcement of or compliance <br /> with any SEC or Employer regulations or policies related to insider trading in Employer securities or the <br /> reporting of such trading. Plan Sponsor acknowledges that the SEC requires mutual fund companies to <br /> establish procedures to prevent market timing and excessive trading. Plan Sponsor agrees to adhere to <br /> the terms and conditions of such procedures included with this Agreement, as amended from time to <br /> time. <br /> 3.7. Payment of Plan Expenses. Plan Sponsor may direct Empower in writing to deduct Plan <br /> expenses from the Plan to the extent Plan Sponsor has determined that deduction is specifically allowed <br /> by the Plan document and applicable law, and to remit to the party designated by the Plan Sponsor. <br /> 3.8. Direction by Plan Sponsor. In performing the Services, Empower is acting at the direction <br /> of the Plan Sponsor or other named fiduciary of the Plan. Plan Sponsor agrees to provide direction in a <br /> manner reasonably requested by Empower, and Empower may rely upon any such direction, whether <br /> provided electronically or in writing, by a person that Empower reasonably believes to be authorized to act <br /> on behalf of the Plan Sponsor or other named fiduciary. Plan Sponsor agrees that all services and <br /> procedures to be followed by Empower as set forth in any service profile, summary plan description (if <br /> applicable), plan administrative guide, administrative form or other similar document will constitute direction <br /> by the Plan Sponsor to Empower, unless Plan Sponsor indicates otherwise. Plan Sponsor specifically <br /> intends that Empower will have no discretionary authority with respect to such "deemed" approved <br /> transactions, and that Empower's responsibility is limited solely to confirming it has been provided in good <br /> order and in accordance with the procedure. <br /> 3.9. Electronic Delivery. Empower will deliver plan-related documents to Participants under <br /> this Agreement in an electronic manner,to the extent available, including the following: <br /> 3.9.1. Quarterly benefit statements will be posted to the participant website after quarter <br /> end. Participants will receive an annual notice advising them of the availability of the quarterly statement <br /> on the participant website and the right to receive a paper copy of the statement. <br /> 3.9.2. Plan notices to be delivered by Empower will be delivered via email to the <br /> Participant's work utilized email address as provided to Empower by the Plan Sponsor or, if the Participant <br /> SAGWTPACOGOV0521 <br /> 4 <br />
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