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Florida Municipal Pension Trust Fund <br /> 457(b) Deferred Compensation Plan <br /> " indemnified party ") may be a party is brought by a Participant or Beneficiary (or by a <br /> person or entity claiming through a Participant or Beneficiary) , and the legal action is <br /> resolved in favor of the indemnified parry, each indemnified party participating in or <br /> contributing to the defense of the legal action shall be entitled to be reimbursed from the <br /> Participant ' s Account for any and all actual fees of lawyers and legal assistants and other <br /> expenses reasonably incurred in the defense of the legal action or proceeding . <br /> If the IRS detennines , and the determination is not contested, or if contested , is finally <br /> upheld (or otherwise finally determined) , or if a final court order (that is not appealed ) <br /> decides that any payment of expenses is a violation of IRC § 457 ( g) , each person who <br /> received a payment that was determined to be a violation of IRC § 457 (g) shall pay full <br /> restoration into the Plan to the extent of the improperly paid expense (including fair <br /> interest from the date the expense was improperly paid to the date that restoration is <br /> made ) . <br /> 17. 6 Forfeiture <br /> To the extent required by applicable State law and not precluded by Provision 1 . 7 , if the <br /> Participant pleads guilty or is convicted of a crime or offense relating to his or her <br /> government office or government employment and a court order provides for restitution <br /> relating to such crime or offense, the Participant ( or, after the Participant ' s death, each <br /> Beneficiary) shall forfeit his or her or its Deferred Compensation to the extent that the <br /> Participant has not timely paid the restitution required by the court order . <br /> 17. 7 Governing law <br /> This Plan shall be governed by and construed and enforced according to the internal laws <br /> (without regard to the law of conflicts ) of the State of Florida. <br /> 17. 8 Insurance <br /> The Plan Sponsor may purchase , with Plan assets or with other amounts , insurance <br /> protecting the Plan and the Plan Sponsor and the Plan Administrator and the Master <br /> Trustee and any person who is or may be an indemnified party and any other person <br /> acting or providing services regarding this Plan (whether or not the Plan has or may have <br /> the power to indemnify such persons ) from liability or loss occurring by reason of the act <br /> or omission of the insured person or entity. <br /> 17.9 IRS levy <br /> Notwithstanding any other provision of the Plan , the Plan Sponsor may pay to the IRS <br /> from a Participant ' s ( or Beneficiary ' s) Account the amount that the Plan Sponsor finds is <br /> lawfully demanded under a levy issued by the IRS with respect to that Participant (or <br /> Beneficiary) or is sought to be collected by the United States Government under a <br /> J udgment resulting from an unpaid tax assessment against the Participant (or <br /> Beneficiary) . <br /> Florida Municipal Pension Trust Fund <br /> Florida League of Cities , Inc . <br /> Page 50 <br /> 02/01 /2009 <br />