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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
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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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partnerships, and to mortgage or lease for any term any real property or part interest in real <br />property; and to delegate to a manager the management and operation of any interest in such <br />property or properties. <br />(i) To purchase or sell, write or issue, puts, calls or other options, covered or uncovered, to enter into <br />financial futures contracts, forward placement contracts and standby contracts, and in connection <br />therewith, to deposit, hold or pledge assets of the Trust Fund. <br />Q) To collect and receive any and all money and other property of whatsoever kind or nature due or <br />owing or belonging to the Trust Fund and to give full discharge and acquittance therefore; and to <br />extend the time of payment of any obligation at any time owing to the Trust Fund. <br />(k) To transfer, from time to time, all or any part of the Trust Fund to any common, collective or <br />commingled trust fund exempt from taxation under the Code ("Collective Trust") and/or to enter into <br />the relevant trustee agreement on behalf of the Plan for such Collective Trust, to be held and <br />administered subject to the terms and provisions of the relevant trust agreement, and such trust <br />agreement shall be deemed adopted as part of this Agreement and the Plan to the extent that any <br />portion of the Trust Fund is invested therein. <br />(1) To apply for and procure from an insurance company as an investment of the Trust such annuity, <br />or other contracts on the life of any participant as the Administrator shall deem proper; exercise, at <br />any time or from time to time, whatever rights and privileges may be granted under such annuity, <br />or other contracts; and collect, receive, and settle for the proceeds of any such annuity, or other <br />contracts as and when entitled to do so under the provisions thereof. <br />(m) To, upon the written direction of the Administrator, enter into a transfer agreement with the Trustee <br />of another qualified retirement plan and to accept a transfer of assets from such retirement plan on <br />behalf of any employee of the Employer. Trustee is also authorized, upon the written direction of <br />the Administrator, to transfer some or all of a participant's vested account balance to another <br />qualified retirement plan on behalf of such participant. <br />Section 5.2 Uninvested Cash and Float <br />With respect to uninvested cash and float, while Trustee may not at any time accept deposits of funds, <br />it is understood that State Street Bank (or any successor thereto) (hereinafter, the "depository bank"), <br />acting on behalf of Trustee, may from time to time, have on hand funds from (i) the receipt of <br />contributions that are awaiting investment or (ii) the sale of assets which are awaiting reinvestment or <br />distribution. While there is not an explicit fee debited from plan assets as float revenue, a noninterest - <br />bearing omnibus bank account has been established at depository bank in which to temporarily place <br />cash to facilitate purchases and liquidations into and out of the Plan. The account is a noninterest <br />bearing account, so no explicit direct float income is earned on the cash in transit. However, the account <br />does earn banking credits based on the following formula: The Fed Funds Rate x 1/360 treasury <br />rate. Contributions into the account are generally held in the account for one to two days. Distributions <br />from the account are generally in the account for less than one day for wires and ACH transfers and <br />three or more days for distributions. The length of time cash stays in this account can vary depending <br />on how quickly the check is redeemed by the participant or how quickly payroll is processed. Credits <br />earned are used entirely to pay banking fees and other fees that would otherwise be charged to Trustee <br />and its clients. <br />Section 5.3 Valuations <br />Trustee shall periodically determine the market value of the assets of the Trust or, in the absence of <br />readily ascertainable market values, at such values as Trustee shall determine in accordance with <br />methods consistently followed and uniformly applied. With respect to assets without readily <br />ascertainable market values, Trustee may rely for all purposes of this Agreement on the latest valuation <br />and transaction information submitted to it by the person responsible for the investment. The Employer <br />shall cause such person to provide Trustee with all information needed by Trustee to discharge its <br />obligations to value such assets and to account for such assets under this Agreement. <br />Article VI — Records and Accounts of Trustee <br />Indian River County BOCC; 457(b) INDR-001 <br />RPS00804-AL <br />
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