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Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan The Plan Administrator shall not permit Employer Contributions unless it has received and reasonably relies upon an acceptable written legal opinion concluding that the Participating Employer has legal power under the Enabling Statute and all applicable State and local law to make such Employer Contributions . 3 . 24 "Enabling Statute" means the State statute or similar law that grants the Participating Employer legal authority to maintain this Plan . 3 . 25 "Fees" means any fees required or permitted to be charged against the Participant ' s (or Beneficiary ' s or Alternate Payee ' s) Plan Account according to ( any one or more of the following) : the Plan , the Master Trust Agreement , the Participation Agreement , an Investment, an investment advisory agreement , any other writing signed by the Participant (or, after the Participant ' s death , the Beneficiary) , any written notice given by or behalf of the Plan Administrator or the Master Trustee that is accepted or deemed accepted by the Participant ( or Beneficiary) , or any court order . 3 . 26 " Fund " means a registered investment company or an insurance company separate account or collective investment fund or group trust or any similar pooled investment under which the value of the holder ' s interest is calculated according to the number of shares or units held for the holder ' s account . 3 . 26. 1 " Governing Authority" means the entity authorized by law to act for the Employer and adopt this Plan and the Adoption Agreement . 3 . 27 "Hardship Distribution" means a Distribution under Part 11 . 3 . 28 " Includible Compensation " means the amount of the Employee ' s Compensation that is "includible compensation" within the meaning of IRC § 457 (e) (5 ) and that is currently includible in the Employee ' s gross income . Includible Compensation is determined without regard to any community property laws . For the purposes of computing any Contributions required or permitted under Part 8 [" Reemployment after Uniformed Service"] , the reemployed Participant ' s Compensation shall be as provided by Provision 8 . 4 and Includible Compensation shall be determined consistent with such provision . 3 .29 "Internal Revenue Code" or "IRC " or " Code" means the Internal Revenue Code of 1986 , as amended, including any Regulations or rulings (or other guidance of general applicability ) under the IRC . Any reference to Florida Municipal Pension Trust Fund Florida League of Cities, Inc . Page 15 02//01 /2009