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2022-203
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2022-203
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Last modified
10/31/2022 12:17:36 PM
Creation date
10/31/2022 12:12:10 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/11/2022
Control Number
8.C.
Entity Name
Lincoln Financial Group and Trust Company, as Trustee
Subject
Governmental 457(b) Trust Agreement
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Self -Directed Brokerage Accounts Addendum <br />Effect of Addendum <br />This Addendum is part of the Trust Agreement between the Employer and the Trustee upon Employer <br />establishing self-directed brokerage accounts (SDBAs) for its participants as described herein. Except <br />as otherwise provided in this Addendum, Participant SDBAs (as hereafter defined) shall be subject to <br />all of the terms and conditions of the Trust Agreement and the TD Ameritrade Documents (as hereafter <br />defined) governing the Participant SDBAs. <br />Participant SDBAs <br />The Plan provides that certain self-directed brokerage accounts (the "Participant SDBAs") may be <br />invested by a participant in investments selected solely by the participant, subject to such limitations <br />as may be determined by the Employer from time to time, and not solely from among the eligible <br />investments otherwise applicable to all participant accounts or the Trust in its entirety. The Employer <br />shall communicate any such limitations in writing to the Trustee. The Employer acknowledges and <br />agrees that the Trustee, if and as directed by the Administrator or other person or entity authorized to <br />give instructions under the Agreement on behalf of a participant, shall establish accounts representing <br />Participant SDBAs through TD Ameritrade, Inc. (`TD Ameritrade"), a registered broker-dealer, and shall <br />enter into an agreement or agreements with TD Ameritrade governing such Participant SDBAs (the <br />"TD Ameritrade Documents"). Participant SDBAs shall be subject to the TD Ameritrade Documents and <br />to such terms and procedures as are agreed upon by the Trustee, the Employer and the Administrator <br />or its delegate from time to time, and also to such other terms and procedures as may be reasonably <br />required by TD Ameritrade from time to time and communicated in writing by TD Ameritrade or the <br />Trustee to the Employer and the Administrator or other person or entity authorized to give instructions <br />under the Agreement on behalf of a participant. <br />Authority of Participants Regarding Participant SDBAs, Etc. <br />Once a Participant SDBA is established through TD Ameritrade, a participant shall communicate all <br />investment and investment related instructions relating to such account to TD Ameritrade, and TD <br />Ameritrade, on behalf of the Trustee, shall invest the Participant SDBAs pursuant to the directions of <br />the participant. The participant shall be solely responsible for managing his or her Participant SDBA <br />subject to the terms and conditions applicable to such Participant SDBA. The Employer shall be <br />responsible for communicating to participants (or causing to be communicated to participants) all <br />applicable terms and conditions. Notwithstanding the foregoing, unless and until otherwise agreed in <br />writing by the Employer and the Trustee, the Administrator or its delegate shall direct the Trustee with <br />respect to: (i) the terms and conditions of all transfers of cash and/or other property between a <br />Participant SDBA and the remainder of the Trust, including, without limitation, any sale or liquidation <br />instructions associated with such transfers; and (ii) all withdrawals and distributions on behalf of each <br />participant. <br />Indian River County BOCC; 457(b) INDR-001 <br />RPS00804-AL 14 <br />
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