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2022-204
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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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responsible for any and all Losses, as defined in Section 3.1 below, which result from its <br />or the Plans' failure to provide such information in a timely manner. <br />1.2 Eligible Employer and Selection of the Program. The Employer has determined <br />that the Plan is to be funded through the Program, and the Employer certifies that it is <br />eligible under the applicable sections of the Code to sponsor the Plan. <br />Employer instructs Lincoln to comply with all applicable distribution restrictions provided <br />in the Code. The Employer has determined, in its sole and exclusive discretion that the <br />Plan is not subject to the governance of Title I of the Employee Retirement Income <br />Security Act of 1974, as amended, ("ERISA"), and falls within the scope of an applicable <br />exclusion from coverage under ERISA. <br />Employer agrees that it will enter into an agreement with Lincoln Financial Group Trust <br />Company, Inc. (hereinafter referred to as "LFGTC") for it to act as trustee for the Plan and <br />for LFGTC to maintain records on a plan -level basis. Employer agrees to pay for the <br />services provided by LFGTC, and instructs LRSC to pay LFGTC for such services. The <br />fee stated in Section 2.1 includes LFGTC's fee, and LRSC serves only as paying agent in <br />administering any payment to LFGTC. Employer further agrees that it will enter into <br />agreements for certain Investments with investment providers or service providers <br />requiring an agreement directly with the Plan, such as a group fixed annuity (including any <br />group fixed annuity provided by a Lincoln affiliate), stable value fund, a collective <br />investment trust, a self-directed brokerage account or other Investment or service. <br />Employer authorizes LRSC to provide a copy of this Service Agreement to LFGTC. <br />Employer agrees that LRSC's performance under this Service Agreement is contingent <br />upon Employer successfully entering into and maintaining the agreements described in <br />this Section 1.2. <br />1.3 Investments Selected. <br />a. Investments. By execution of this Service Agreement, Employer certifies that <br />it has selected the investment line-up for the funding of the Plan as listed in <br />Exhibit A. Such Investments shall be made available as investment options to <br />the Plan participants. <br />LRSC and/or its affiliated broker/dealer ("Affiliate Broker/Dealer") has entered <br />or will enter into agreements with various mutual fund families and other <br />issuers of appropriate Investments that make up the lineup. Investments may <br />pay LRSC, Affiliate Broker/Dealer, or their affiliates various fees, as more fully <br />disclosed in Exhibit A hereto, for various services provided. Any change in <br />Investments and the fees paid therefrom will be reflected annually by LRSC in <br />an updated Exhibit A, which will replace the previous Exhibit A and/or Exhibit <br />B without the need to further amend this Service Agreement. An updated <br />Exhibit A shall be provided during the annual plan review or by delivery via U.S. <br />Mail to the Employer at the address provided in Section 4.5 or via email to an <br />email address provided by Employer. <br />b. Lincoln Not Obligated for Investments. The Parties and the Plan expressly <br />agree that Lincoln is not acting as a fiduciary, as defined under ERISA or other <br />applicable law, to the Plan in the selection of the Investments or accounts made <br />available through the Program; that Lincoln has no duty to monitor the <br />Indian River County BOCC 457(b) INDR-001 <br />1423269 Page 2 of 20 <br />
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