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Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan The Plan Sponsor shall not permit the Participant ( or Beneficiary) to elect any Payout Option that ( at the time the Distribution begins or is scheduled to begin) does not satisfy all applicable provisions of the Plan , including all applicable requirements of IRC § 457 ( d) ( 2) and IRC § 401 (a) (9 ) . If an Investment permits a payout option to be arranged "as mutually agreed" , any such unspecified payout option , regardless of whether the payout option is the actuarial equivalent of any other payout option, shall not be a Payout Option under the Plan unless the Issuer offers this payout option on a uniform and non-discriminatory basis to all Participants and Beneficiaries in similar circumstances . 3 . 45 "Permitted Distribution " means a Distribution under Part 10 . 3 .46 "Plan " means the Plan specified by this Basic Plan Document together with . the Participating Employer ' s Adoption Agreement and , to the extent necessary to comply with IRC § 457 (b) , the Master Trust Agreement, and any executed amendments thereof, which together constitute the Plan of the Participating Employer specified by the Adoption Agreement . 3 . 47 " Plan -approved Domestic Relations Order" means a court order that is lawfully directed to this Plan and that is served upon the Plan Sponsor before the Participant ' s Distribution Commencement Date that pursuant to a State domestic relations law creates or recognizes the existence of the right of an Alternate Payee to receive all or a portion of any Deferred Compensation of a Participant and that meets all of the following requirements . An order shall not be a Plan-approved Domestic Relations Order unless the Plan Sponsor determines that the court order on its face and without reference to any other document states all of the following : • The court order expressly states that it relates to the provision of support, alimony, or marital property rights to a spouse or former spouse of a Participant and is made pursuant to State domestic relations law . • The court order clearly and unambiguously specifies that it refers to this Plan . • The court order clearly and unambiguously specifies the name of the Participant ' s Participating Employer. • The court order clearly specifies : the name , mailing address , and Taxpayer Identifying Number of the Participant, and the name , mailing address , and Taxpayer Identifying Number of each Alternate Payee . Florida Municipal Pension Trust Fund Florida League of Cities, Inc . Page 19 02!01 /2009