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Florida Municipal Pension Trust Fund 457( b) Deferred Compensation Plan 5 .4 .4 Plan Sponsor and Plan Administrator not responsible to determine " excess deferrals " The Plan Sponsor and Plan Administrator shall not be responsible to determine the amount of any excess deferrals . 6 . Investment direction 6. 1 Participant ' s duty of investment direction Each Participant (and , when applicable, each Beneficiary or Alternate Payee) shall , subject to the requirements of any applicable Investment Law and of any procedures established by the Plan Administrator and the Agent, direct the investment of his or her or its Account( s) . 6 . 2 Procedure for giving investment direction The Investor must give his or her or its investment direction according to the provisions of this Plan, including any procedure or form required by the Plan Administrator or the Agent or the Issuer. 6 . 2 . 1 Reasonable frequency The Plan Administrator, Issuer or each Investment may, but only on a uniform and consistent basis , impose reasonable restrictions on the frequency with which all Investors may give investment directions . In addition to ( and not by limitation upon) such restrictions , the Investor cannot give more than one investment direction in any Valuation Period and the latest investment direction in a Valuation Period cancels all earlier inconsistent investment directions in that Valuation Period. 6. 2 . 2 Investor During the Participant ' s life , the Participant shall direct the investment of his or her Account. During the Participant ' s disability or incompetence, the person who has authority to act for the Participant under a power-of-attorney accepted by the Plan Sponsor or the Agent according to Provision 17 . 17 ["Power-of-attorney"] or, if there is no such agent, the person that is the duly appointed and currently serving conservator or guardian of the estate of the Participant shall direct the investment of the Participant ' s Account. After the Participant ' s death, the Beneficiary shall direct the investment of his or her or its Account or each Beneficiary shall direct the investment of his or her or its segregated Account. A Participant or Beneficiary may delegate investment responsibility for all of his or her or its Account to an agent or attorney- in- fact by giving written notice acceptable to the Plan Sponsor and furnishing a power-of-attorney that is accepted by the Plan Sponsor according to Provision 17 . 17 . A Participant or Beneficiary cannot delegate investment responsibility for part of his or her or its Account. Solely for the purposes of this Part and solely for convenience of reference, the person that has the duty or holds a power to give investment direction is referred to as the "Investor". Florida Municipal Pension Trust Fund Florida League of Cities, Inc . Page 27 02,'01 /2009