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03/12/2013 (2)
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03/12/2013 (2)
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6/26/2018 1:11:04 PM
Creation date
3/23/2016 8:56:10 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/12/2013
Meeting Body
Board of County Commissioners
Book and Page
61
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H:\Indian River\Network Files\SL00000E\S0004N1.tif
SmeadsoftID
14206
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6. Loan Frequency/Renegotiations. Each participant may have only one(1) Plan loan outstanding at <br /> any given time.A Plan loan which is in default, even if the defaulted loan was treated as a"deemed <br /> distribution" under federal regulations, shall be treated as an outstanding loan until such participant's <br /> account balance is offset by the amount of principal and accrued interest under the loan. NRS shall offset <br /> a defaulted loan at any time that is administratively practicable, including but not limited to severance <br /> from employment by the Participant or upon a request for a distribution from the Plan.A participant will be <br /> granted a loan no more frequently than two (2)times in any twelve(12) month period.A new loan shall <br /> not be granted prior to the repayment of an outstanding loan. <br /> 7. Default.The participant must pay the full amount of each payment(principal and interest)on the date <br /> that it is due by having sufficient funds in the account designated for loan payments through the ACH <br /> process. If NRS is unable to process a payment on the date due because the participant fails to have <br /> sufficient funds in the account on that date, NRS will assess a fee of$25.00 that will be deducted from <br /> participant's account(s)and will send written notification to the participant. The participant shall be in <br /> default for the entire amount of the loan UNLESS the participant does each of the following: 1)contacts <br /> NRS, 2) mutually agrees with NRS on a date,which is within 30 days of the missed payment on which <br /> funds sufficient to cover the missed payment will be in the account and; 3) actually pays the missed <br /> payment. Failure to make such a payment through mutually agreeable terms shall cause the participant to <br /> be in default for the entire amount of the loan.The loan also shall be defaulted upon the death of the <br /> participant or if the participant commences or has commenced against participant a bankruptcy case. No <br /> additional loans shall be made to a participant who has defaulted on a Plan loan and who has not repaid <br /> all defaulted loans in full, including accrued interest and fees. <br /> 8. Loan Prepayment. The entire amount of a loan, including outstanding principal and any accrued <br /> interest, may be paid without penalty prior to the end of the term of the loan in the manner prescribed by <br /> NRS. However, payments made that are less than the remaining principal amount of the loan and any <br /> accrued interest with respect to the loan, or which are not paid in the form prescribed by NRS, are not <br /> permitted. <br /> .,.. 9. Loan Security. By accepting a loan, the participant is giving a security interest to the Plan in his or her <br /> vested Plan balance as of the date of the loan process date,together with all additions thereof,to the <br /> Plan that shall at all times be equal-to._1003/6_of_the unpaid principal balance of the loan together with- <br /> accrued <br /> ithaccrued interest. <br /> 10. Maximum/Minimum Loan Amount. The maximum amount of any loan permitted under the Plan is <br /> the lesser of(i) 50%of the Participant's vested account balance(not including any value attributable to <br /> applicable life insurance or deemed IRA account)less any outstanding loan balances under the Plan or <br /> (ii) $50,000 less the highest outstanding loan balance during the preceding one-year period. The <br /> minimum loan amount permitted is$1,000.00*. Loans shall be made in accordance with these limits and <br /> those limits imposed under federal regulations without regard to any other loans received by the <br /> participant from any other investment provider under the Plan or any other plan of the employer. The <br /> participant and not NRS shall at all times remain responsible for ensuring that any loan received under <br /> the Plan is in accordance with regard to any other loans received by the participant under any other plans <br /> of the participant's employer.Any tax reporting required as a result of the receipt by a participant of a loan <br /> that exceeds the limits imposed by federal regulations shall not be the responsibility of NRS, unless it is <br /> determined that such limits were exceeded solely as a result of a loan made through NRS as service <br /> provider. Consequently, NRS shall not be required to account for loans made pursuant to a plan other <br /> than this Plan or loans made under this Plan that are made by another provider. <br /> 11. Suspension of Loan Payments. NRS may suspend a participant's obligation to repay any loan <br /> under the Plan during the period in which the participant is performing service in the uniformed services <br /> as may be required by law.At the expiration of any suspension of loan payments period,the outstanding <br /> loan balance, including any accrued interest and fees, will be re-amortized and the participant will be <br /> required to execute an amended Loan Agreement. <br /> *These fees, rates,and minimums are subject to change by NRS upon reasonable notice to the Plan Sponsor. Loan <br /> fees will appear as administrative charges on Participant Statements. NRN-0445AO-1011 <br /> 29 <br />
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