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Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan under the court order to segregate or set aside the appropriate amount for the Alternate Payee . If a court finds that the application of this paragraph or any part of it is void as against public policy, this provision shall apply to the extent not so found . 3 . 2 "Adoption Agreement" means the separate but related written agreement executed by the Participating Employer that states the establishment of the Participating Employer ' s Plan and its adoption of this Basic Plan Document, The Florida Municipal Pension Trust Fund 457 (b) Deferred Compensation Plan Trust, and that states those conforming and elective provisions of this Plan specified by the Participating Employer. 3 .3 "Agent" means a person that the Plan Administrator appoints to perform services regarding the Plan. 3 .4 "Allocated Investment" means an Investment for which the Issuer under the terms of the Investment (and not as a separately agreed service) records individual accounts with respect to each Participant . 3 . 5 "Alternate Payee" means a person who is or was the spouse of the Participant to the extent that such person has rights under a court order that the Plan Sponsor has detennined to be a Plan-approved Domestic Relations Order. 3 . 6 "Annuity Payout Option " means a Payout Option which includes a provision for payments based, in whole or in part, upon the life of a natural person . 3 . 6 . 1 "Basic Plan Document" means this Plan document 3 . 7 "Beneficiary" means the person( s) , whether natural or non-natural , including but not limited to a trustee or other fiduciary, designated by the Participant by a valid Beneficiary Designation in his or her Participation Agreement to receive any undistributed Deferred Compensation payable upon or after the Participant ' s death (the "primary" Beneficiary(s)) , or upon or after the primary Beneficiary ' s death (the "contingent" or " alternate" Beneficiary ( s)) . The Participant ' s right to designate his or her Beneficiary is limited by Provision 3 . 8 and by all of the following provisions . Notwithstanding any Beneficiary designation in the Participation Agreement or otherwise to the contrary , a person shall not be a Beneficiary unless he or she is living or in existence ( and , to the extent that the Beneficiary is entitled to receive Deferred Compensation as a trustee or other fiduciary , the person or the entity that the person represents or acts for, is living or in existence) on the Distribution Commencement Date . Florida Municipal Pension Trust Fund Florida League of Cities, Inc . Page 8 02/01 /2009