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Florida Municipal Pension Trust Fund <br /> 457(b) Deferred. Compensation Plan <br /> 11 .3 Plan Sponsor must determine hardship <br /> The Plan Sponsor must detennine whether the circumstances of the Participant constitute <br /> an unforeseeable emergency within the meaning of Provision 11 . 2 . <br /> Following a uniform procedure, the Plan Sponsor ' s determination shall consider any facts <br /> or conditions deemed necessary or advisable by the Plan Sponsor, and the Participant <br /> shall be required to submit any evidence of his or her circumstances that the Plan Sponsor <br /> requires . The determination as to whether the Participant ' s circumstances are a case of <br /> hardship shall be based on the facts of each case ; provided however, that all <br /> determinations as to hardship shall be uniformly and consistently made according to the <br /> provisions of the Plan for all Participants in similar circumstances . <br /> The Plan Sponsor may require that any statement made as part of a claim for a Hardship <br /> Distribution be made under penalties of perjury . The Plan Sponsor may require that any <br /> statement made as part of a claim for a Hardship Distribution be signed in the presence of <br /> a Notarial Officer . <br /> 12 . Retirement Distribution <br /> 12 . 1 Retirement Distribution <br /> Upon his or her Severance , the Participant is entitled to receive his or her Account (not <br /> earlier than the applicable Distribution Commencement Date) under any Payout Option <br /> that satisfies the provisions of the Plan . <br /> 12 . 1 . 1 Transfer of Deferred Compensation to another eligible Participating <br /> Employer <br /> Consistent with IRC § 457 ( e ) ( 10 ) , upon his or her Severance , a Participant may elect ( in <br /> the form prescribed by the Plan Administrator) to transfer his or her Account and his or <br /> her rights in and to the Plan to another eligible deferred compensation plan (within the <br /> meaning of IRC § 457 (b) ) , provided that the Plan Sponsor and Plan Administrator are <br /> satisfied that the other plan will accept the transferred amount and obligation . <br /> 12 . 1 .2 Deemed Distribution <br /> Upon his or her Severance , if the Participant ' s Account is not more than $0 (as of the date of <br /> or the Valuation Date next following his or her Severance), the Participant shall be deemed <br /> to have received a full Retirement Distribution . <br /> 12 .2 Election of Distribution Commencement Date <br /> If the Participant ' s Severance occurred before October 15 , 2001 , not later than 60 days <br /> after the date of his or her Severance (and not earlier than the date of the Severance) , the <br /> Participant shall irrevocably, except as provided by Provision 12 . 2 . 2 , elect, with respect <br /> to all of his or her Account or to each portion of his or her Account that is attributable to <br /> Florida Municipal Pension Trust Fund <br /> Florida League of Cities , Inc . <br /> Page 37 <br /> 02,/01 /2009 <br />