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Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan Consistent with Part 14 , any Distribution paid after December 31 , 2001 may, to the extent that the Distribution is an eligible rollover distribution , be paid as a direct rollover . 3 . 18 "Distribution Commencement Date" means the date( s) selected by the Participant under Provision 12 . 2 , or by the Beneficiary under Provision 13 . 2 ; or the "default" date that results by operation of Provision 12 . 2 . 1 or Provision 13 . 2 . 1 from the Distributee ' s failure to make such an election . 3 . 19 "Effective Date" means the first date that the Participating Employer accepted a Participation Agreement . 3 . 20 "Eligible Participating Employer" means any Participating Employer that is a State or a political subdivision of the State or an agency or instrumentality of a state(s) or a political subdivision( s) and that is an " eligible Participating Employer" within the meaning of IRC § 457 (e) ( 1 ) (A) . 3 . 21 "Employee" means the natural person , whether appointed , elected, salaried, or under contract, or otherwise , who performs services for the Participating Employer on a regular basis as a common- law employee or as an independent contractor and who has Compensation paid by the Participating Employer, unless the individual is precluded from participation under the Plan by the Enabling Statute or other State or local law ( including an ordinance or resolution) . The fact that a natural person is or is determined to be an employee for the purpose of another employee benefit plan (including another pension plan or retirement plan) or for any other legal purpose shall not be construed as any inference that the natural person is an eligible Employee under this Plan . The Plan Sponsor shall decide all questions of eligibility for participation in the Plan, except as otherwise required by the Enabling Statute . An Employee shall not be excluded from participation in the Plan on the basis of age . 3 . 22 "Employee Contributions" means elective deferrals made pursuant to a salary reduction agreement as specified by a Participation Agreement . 3 . 23 "Employer Contributions " means those Contributions made by the Participating Employer that are not Employee Contributions , and which the Participant could not have elected to receive as immediate cash compensation or other taxable benefit . Florida Municipal Pension Trust Fund Florida Leaglte of Cities, Inc . Page 14 oz/otizoo9