Los Angeles County Municipal Code Part 9 Miscellaneous

To the extent permitted by law and except as otherwise provided in the Plan, no right or interest of any kind of a Participant or Beneficiary hereunder shall be transferable or assignable by the Participant or Beneficiary, nor shall any such right or interest be subject to alienation, anticipation, encumbrance, garnishment, attachment, execution or levy of any kind, voluntary or involuntary.

(Ord. 2004-0063 § 1 (part), 2004.)

A.

Notwithstanding Section 5.18.350 of this Part, an Alternate Payee shall have the right to make a claim for any benefits awarded to the Alternate Payee pursuant to a QDRO as provided in this Section. If an Alternate Payee is awarded a specified interest in the Account of the Participant pursuant to a QDRO, such interest of the Alternate Payee shall be segregated and separately accounted for by the Trustee in the name and for the benefit of the Alternate Payee.

B.

Upon receipt of a domestic relations order, or, if earlier, notice that a domestic relations order may be sought, the Administrative Committee shall suspend distributions from the Participant's Account, and shall take steps to ensure that the Participant and each Alternate Payee is aware of the order or proposed order and the suspension of distributions from the Participant's Account. Moreover, the Administrative Committee shall determine, within a reasonable period after receipt of such order, whether such order is a QDRO. If the order is determined to be a QDRO, the Alternate Payee's interest under such order shall be segregated and/or distributed in accordance with the QDRO and this Section. If the order is determined not to be a QDRO, and the domestic relations order is not modified as necessary to constitute a QDRO within a reasonable period of time after such determination, the suspension of distributions from the Participant's Account shall be discontinued. If an order is not received within a reasonable period of time after the County has been notified that such an order is being sought, the suspension of distributions from the Participant's Account shall be discontinued.

C.

Distributions to the Alternate Payee shall be made in accordance with the QDRO provided that the QDRO does not conflict with the Plan's distribution provisions or the provisions of this Section 5.18.360. The Alternate Payee's interest may be distributed only in a lump-sum cash payment.

D.

The Alternate Payee's interest specified in the QDRO shall be segregated and/or distributed from the Participant's Account, and the Investment Funds in which such Account are invested, on a pro rata basis.

E.

Unless the QDRO provides otherwise, an Alternate Payee shall have the right, in the same manner as a Participant, to designate a Beneficiary, who shall receive benefits payable to the Alternate Payee in the event that all of the Alternate Payee's benefits have not been distributed at the time of the Alternate Payee's death. If the Alternate Payee does not designate a Beneficiary, or if the Beneficiary predeceases the Alternate Payee, benefits payable to the Alternate Payee which have not been distributed shall be paid to the Alternate Payee's estate. Any death benefits payable under this Section shall be paid in a lump sum as soon as administratively practicable after the Administrative Committee receives notice of the Alternate Payee's death, with or without the Beneficiary's consent.

(Ord. 2004-0063 § 1 (part), 2004.)

Whenever any Participant entitled to benefits under the Plan shall be under a legal disability or, in the sole judgment of the Administrative Committee, shall otherwise be unable to apply benefits to his own best interest and advantage, the Trustee, at the direction of the Administrative Committee, may make payments to the Participant's legal representative, and the decision of the Administrative Committee shall completely discharge the liability of the Plan, the Administrative Committee, the County and the Trustee with respect to such benefits.

(Ord. 2004-0063 § 1 (part), 2004.)

The County by adopting the Plan and taking any action with respect to the Plan does not obligate itself to continue the employment of any Participant for any period.

(Ord. 2004-0063 § 1 (part), 2004.)

If any provision of the Plan or the application thereof to any circumstance or person is invalid the remainder of the Plan and the application of such provision to other circumstances or persons shall not be affected thereby.

(Ord. 2004-0063 § 1 (part), 2004.)

Notwithstanding any provisions of this Plan to the contrary, a contribution that is required with respect to a Participant's "qualified military service" will be provided in accordance with section 414(u) of the Code. "Qualified military service" means any service in the uniformed services (as defined in Chapter 43 of Title 38 of the United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service.

(Ord. 2004-0063 § 1 (part), 2004.)

Notwithstanding any provision in this Plan to the contrary, including provisions requiring the use of a written instrument, the Administrative Committee may establish procedures for the use of electronic media in communications and transactions between the Plan or the Administrative Committee and Participants and Beneficiaries; provided, however, that any such procedures shall comply with applicable law. Electronic media may include, but are not limited to, e-mail, the Internet, intranet systems and automated, telephonic voice-response systems.

(Ord. 2004-0063 § 1 (part), 2004.)

Notwithstanding any provision of the Plan to the contrary, during any conversion period (including but not limited to a change of Trustee, TPA or Investment Funds), in accordance with procedures established by the Administrative Committee, the Administrative Committee may temporarily suspend, in whole or in part, certain provisions of the Plan, which may include, but are not limited to, a Participant's right to enter into a Pickup Agreement or obtain a distribution from his Account.

(Ord. 2004-0063 § 1 (part), 2004.)