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2022-204
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Last modified
10/31/2022 12:28:43 PM
Creation date
10/31/2022 12:26:45 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/11/2022
Control Number
2022-204
Agenda Item Number
8.C.
Entity Name
Lincoln Retirement Services Company, LLC
Subject
Record Keeping Services Agreement
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RECORDKEEPING <br />SERVICE AGREEMENT <br />THIS RECORDKEEPING SERVICE AGREEMENT (the "Service Agreement"), effective <br />as of September 29, 2022 ("Effective Date") is entered into by and between LINCOLN <br />RETIREMENT SERVICES COMPANY, LLC ("LRSC") and Indian River County BOCC <br />(the "Employer") (each a "Party"). <br />WHEREAS, LRSC will provide plan -participant -level record keeping to tax -qualified <br />retirement plans governed by Internal Revenue Code (the "Code") Sections 401(a) and <br />401(k), retirement plans governed by Code Section 403(b), and deferred compensation <br />plans governed by Code Sections 457 and 409A as part of the services provided by LRSC <br />and its affiliates (hereinafter referred to collectively as "Lincoln" where the context permits) <br />(collective services referred to as the "Program") through which investments in shares of <br />registered investment companies (i.e. mutual funds), other appropriate securities, stable <br />value fund and/or group annuities issued by The Lincoln National Life Insurance <br />Company, and, in New York, Lincoln Life and Annuity Company of New York, and their <br />applicable affiliates (collectively referred hereinafter as "Investments") shall be made <br />available to plan participants or their beneficiaries (in the aggregate "Plan participants"). <br />WHEREAS, Employer is the plan sponsor of the Indian River County BOCC Deferred <br />Compensation Plan for Public Employees 457 Governmental Plan and Trust (hereinafter <br />individually or collectively the "Plan"), a retirement plan governed by Code Section 457(b), <br />and desires to fund future contributions to the Plan exclusively through the Program until <br />such time as this Service Agreement may be terminated in accordance with the terms <br />hereof; <br />WHEREAS, Employer has determined, in its sole and exclusive discretion, that the Plan <br />is not subject to the governance of Title I of ERISA since the Plan falls within the scope of <br />the exclusion in ERISA Section 4(b)(1) for a government plan, and has delegated certain <br />non -fiduciary administrative tasks and responsibilities to certain parties under this Service <br />Agreement. <br />NOW THEREFORE, in consideration of the foregoing recitals reincorporated as part of <br />the text hereof, mutual promises hereinafter contained, the value of which is hereby <br />affirmed, LRSC and Employer agree as follows: <br />ARTICLE 1 <br />RECORDKEEPING SERVICES & <br />INVESTMENT OPTION SELECTION <br />1.1 Recordkeeping Services. LRSC will provide Program recordkeeping services (the <br />"Recordkeeping Services"), as described in this Service Agreement and in the Program <br />administration manual (the "Manual"), which is incorporated into this Service Agreement <br />by reference, as more fully described below. Recordkeeping Services shall be deemed to <br />mean defined contribution retirement plan record keeping services kept at a Plan <br />participant account level. Employer will provide Lincoln with data, information, plan <br />documents and other information and assistance reasonably needed by Lincoln to perform <br />the Recordkeeping Services. Except to the extent prohibited by law Employer will be <br />Indian River County BOCC 457(b) INDR-001 <br />1423269 Page 1 of 20 <br />
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