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Florida Municipal Pension Trust Fund <br /> 457(b) Deferred Compensation Plan <br /> 17. 10 Medicare or Medicaid reimbursement <br /> Solely to avoid an overpayment under Medicare or Medicaid or a similar healthcare <br /> program , if a Participant ' s services during any time that Contributions were made were <br /> an expense reimbursed by the Social Security Administration [ SSA] or the Health Care <br /> Financing Administration [HCFA] or a similar government healthcare payer, and any <br /> Deferred Compensation attributable to such services is not to be paid to the Participant or <br /> his or her Beneficiary , the Participating Employer shall pay the attributable portion of the <br /> Participant ' s Deferred Compensation to the applicable government healthcare payer as of <br /> the first date that the Deferred Compensation is not to be paid to the Participant or his or <br /> her Beneficiary . <br /> 17 . 11 Mistaken contributions <br /> If any Contribution (or any portion of a Contribution) is made by the Participating <br /> Employer by a good faith mistake of fact , upon receipt in good order (within the meaning <br /> of the Investment ( s) or applicable law) of a proper request approved by the Plan Sponsor, <br /> the Issuer( s ) shall , to the extent required or permitted by the Investment(s) , return the <br /> amount of the mistaken contribution(s) , except as limited below, to the Participating <br /> Employer, or to the extent required or permitted by the Investment( s) and approved by <br /> the Plan Sponsor, directly to the Participant to the extent of any mistaken Employee <br /> Contribution(s) . The Participant ' s exercise of a "free look" or right-to-return or similar <br /> cancellation provision under applicable insurance or securities law is deemed to cause a <br /> Contribution to be by a good faith mistake of fact . Upon any return of a mistaken <br /> contribution, earnings or losses attributable to the mistaken contribution shall be <br /> determined according to the provisions of the applicable Investment or other applicable <br /> law . <br /> If a court or agency having jurisdiction finally determines or if the Participating <br /> Employer or the Plan Administrator receives written legal advice (other than under a suit <br /> or proceeding initiated by the Participant) that any Participant was not an Employee at <br /> the relevant time or otherwise was not eligible to become a Participant, the Plan <br /> Administrator shall treat the mistakenly accepted Participant ' s Contributions and Plan <br /> Account, to the extent that the Participant was not eligible to make or receive the <br /> Contributions , as mistaken contributions . <br /> 17. 12 Necessary information <br /> The Participant ( or Beneficiary or Alternate Payee) shall provide upon any request of the <br /> Plan Sponsor or the Agent any information that may be needed for the proper and lawful <br /> operation and administration of the Plan ; including (but not limited to ) the Participant ' s <br /> legal name , the Participant ' s Social Security Number [ SSN] or other Taxpayer <br /> Identifying Number [ TIN] , the Participant ' s date of birth , each Beneficiary ' s legal name , <br /> each Beneficiary ' s Social Security Number [ SSN] or other Taxpayer Identifying Number <br /> [ TIN] , each Beneficiary ' s date of birth . The Participant (or Beneficiary or Alternate <br /> Payee) shall promptly respond to and fully answer any reasonable inquiry related to these <br /> purposes . A failure to provide any information described above or which otherwise may <br /> be necessary or appropriate for the lawful operation of the Plan may result in a delay of <br /> Florida Municipal Pension Trust Fund <br /> Florida League of Cities, Inc . <br /> Page 51 <br /> 02,,01 /2009 <br />