Los Angeles County Municipal Code Part 1 General Provisions

The County of Los Angeles, pursuant to the order of its Board of Supervisors, adopted a profit sharing plan known as "The County of Los Angeles Savings Plan," effective as of September 1, 1984. The Plan was amended and restated generally effective as of January 1, 1997, to comply with the Unemployment Compensation Amendments of 1992, the requirements of

the Omnibus Budget Reconciliation Act of 1993, the Uniform Services Employment and Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1997, the Internal Revenue Service Restructuring and Reform Act of 1998 and the Economic Growth and Tax Relief Reconciliation Act of 2001. Effective May 30, 2008, the County amends this Plan to reflect the merger of the Los Angeles County Deferred Earnings Plan, as originally established and maintained under Chapter 5.23 of the Los Angeles County Code ("Deferred Earnings Plan") into this Plan.

The Plan is a profit sharing plan with a cash or deferred arrangement intended to qualify under Code Section 401(a) and to meet the requirements of Code Section 401(k). The purpose of the Plan is to permit Employees to defer a portion of their Compensation and provide for retirement, disability and death benefits. The Plan is a retirement benefit enhancement provided to Employees subsequent to the withdrawal of the County from the Social Security System effective December 31, 1982.

While the County intends to continue the plan, it reserves the right to amend and/or terminate the Plan, in whole or in part, at any time. Benefits under the Plan shall at any time be limited to those that are payable from Participants' Accounts to the extent then funded by County Contributions that have already been made and credited to such Accounts. Therefore, while Participants' existing Account balances are at all times fully protected, neither participation in the Plan nor eligibility therefore shall entitle any Employee to have the Plan or any of its provisions continued for his benefit in the future.

(Ord. 2008-0022 § 4, 2008: Ord. 2004-0064 §§ 1, 2 (part), 2004.)

The following terms when used herein with initial capital letters, unless the context clearly indicates otherwise, will have the following respective meanings:

"Account" means a Participant's Tax Deferred Contributions Account, Matching Contributions Account, After-Tax Contributions Account, Termination Pay Contribution Account and Rollover Contributions Account as specified in Section 5.26.190.

"Administrative Committee" means the following members: the Auditor-Controller, Chief Executive Officer of the County, County Counsel, Director of Personnel, and Treasurer and Tax Collector (collectively, "County Representatives"); and one member appointed by the Coalition of County Unions, AFL-CIO ("Coalition") and one member appointed by SEIU Local 721. The voting members for the Coalition and SEIU Local 721 may each designate one named alternate member who will serve as the voting member in the absence of the appointed member. The County Representatives may each designate two named alternates either one of which will serve as the voting member in the absence of their respective County Representative.

"Administrator" or "Plan Administrator." The Administrator of the Plan, as defined in Code Section 414(g), shall be the Administrative Committee, which may delegate all or any part of its powers, duties and authorities in such capacity (without ceasing to be the Administrator of the Plan) as hereinafter provided.

"After-Tax Contributions" means contributions made by the County pursuant to a Salary Deduction Agreement as specified in Section 5.26.065.

"After-Tax Contributions Account" means an account to which the After-Tax Contributions made for each Participant, and any earnings, investment gains or losses and applicable Plan expenses allocable thereto, are credited.

"Alternate Payee" means any spouse, former spouse, child or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefits payable under a plan with respect to such Participant.

"Beneficiary" means such person or persons as a Participant may designate to receive the interest of the Participant under the Plan after the death of the Participant. The designation may be made, and may be revoked or changed, only by a written instrument (in form acceptable to the Administrative Committee) signed by the Participant and filed with the Administrative Committee before the death of the Participant. Following the merger of the Deferred Earnings Plan into this Plan effective May 30, 2008, (1) if a Participant previously made a beneficiary designation only under the Deferred Earnings Plan, that beneficiary designation will be the applicable beneficiary designation under this Plan unless or until changed or revoked by the Participant in accordance with the terms of this Plan; and (2) if a Participant has made a beneficiary designation under both the Deferred Earnings Plan and this Plan, the beneficiary designation made under this Plan will govern unless or until charged or revoked by the Participant in accordance with the terms of this Plan. In the absence of a designation and at any other time when there is no existing Beneficiary designated by the Participant, the Beneficiary will be the spouse of the Beneficiary, if living thirty (30) days after the date of the death of the Participant, or, if not, the children (by blood or adoption) of the Participant equally (with children of a deceased child to share equally the share of such deceased child). If a Beneficiary cannot be determined pursuant to the preceding sentence, the Beneficiary will be the Participant's estate.

"Broker" means the brokerage house with which the Administrative Committee contracts to administer Personal Brokerage Account Windows opened by Participants.

"Brokerage Investments" means those investments in which a Participant may elect to invest through a Personal Brokerage Account Window that the Participant may open. Brokerage Investments are not designated by the Administrative Committee as investment alternatives under the Plan; however, the Administrative Committee may place trading restrictions on the types of Brokerage Investments that may be held by the Plan.

"Brokerage Cash Feature Fund" means the default interest-bearing deposit account or fund designated by the Broker to hold a Participant's Investment Account assets under a Participant Brokerage Account Window: (1) when such assets are first transferred to the Personal Brokerage Account Window from Core Funds and until they have otherwise been invested in Brokerage Investments as directed by the Participant; (2) when such assets are held under the Personal Brokerage Account Window but have not otherwise been invested at the Participant's direction; (3) before such assets are transferred back to Core Funds; and (4) if the Participant has otherwise directed that such assets be invested in that Fund.

"Catch-Up Contributions" means contributions made by the County on or after January 1, 2002, as specified in Section 5.26.060B.

"Code" means the Internal Revenue Code of 1986, as amended.

a.

"Compensation" means base rate, as established in Title 6 of the Los Angeles County Code, as amended, plus:

(1)

Any monthly bonus established as a designated percentage of the base rate in the Level Percentage Conversion Table contained in such Title 6 or established as a percentage of base rate pursuant to Parts 2 or 3 of Chapter 6.08 of such Title 6;

(2)

The monthly amounts provided by Sections 5.12.200, 5.27.240A, 5.28.240A, 5.40.460 and 5.40.465;

(3)

Any lump-sum payment made upon termination pursuant to Section 5.20.070 or 6.18.070 of the Los Angeles County Code.

b.

Compensation shall not include any of the following:

(1)

Overtime compensation;

(2)

Any lump-sum payoff or reimbursement for unused accumulated overtime, vacation, holiday time, or sick leave benefits;

(3)

Compensation pursuant to Section 6.16.010 of the Los Angeles County Code;

(4)

Any hourly bonus;

(5)

Any monthly bonus established as a flat dollar amount or as a percentage of base rate except that compensation shall include any monthly bonus paid as a percentage of base rate for employees compensated pursuant to Parts 2 or 3 of Chapter 6.08 entitled Management Appraisal and Performance Plan of the Los Angeles County Code;

(6)

Except as provided in Part 4.5 of Chapter 5.26, any Settlement Award (as defined in Part 4.5).

Effective beginning on and after April 1, 2010, or such later date as may be determined by the Chief Administrative Officer when the human resources management system reflecting this provision is implemented, each reference to "monthly bonus" in this Section 5.26.020.13. shall be deemed to be a reference to "payroll period bonus." Notwithstanding the foregoing, if a Participant's Compensation is adjusted retroactively, then, except as otherwise provided in Part 4.5 with regard to Settlement Awards, any amount paid for the retroactive period of adjustment shall be taken into account for the pay date on which such amount is actually paid rather than the pay period to which it is attributable.

"Compensation Deferral Agreement" means an agreement pursuant to which an Employee agrees to reduce, or to forego an increase in, Eligible Earnings and the County agrees to contribute to the Plan the amount of the reduction or the amount foregone as a Tax Deferred Contribution.

"Core Funds" means the investment funds designated by the Administrative Committee as available investment options under the Plan. The Administrative Committee shall design the investment policies governing the Core Funds.

"County" means the County of Los Angeles and (a) any governmental entity of which the Los Angeles County Board of Supervisors is the governing body, and (b) any Trial Court Entity to the extent participation in the Plan by such entity is authorized by state law or rules of court and provided such entity has not elected not to participate in the Plan.

"County Contributions" means Tax Deferred Contributions, if any, as specified in Section 5.26.060, After-Tax Contributions, if any, as specified in Section 5.26.065, a Termination Pay Contribution, if any, as specified in Section 5.26.173, and Matching Contributions, if any, as specified in Section 5.26.110.

"Disability" means the complete and continuous inability and incapacity of the Participant to perform the duties of the position of the Participant with the County.

"Eligible Earnings" means any compensation paid to an Employee for service performed for the County which is currently includible in gross income under the Code, or which would be so includible had the Employee not signed a Compensation Deferral Agreement. On or after March 1, 2003, Eligible Earnings shall have the same meaning as "415 Compensation." Notwithstanding the foregoing, for purposes of calculating a Participant's Tax Deferred Contribution as provided in Part 3, if a Participant's Compensation is adjusted retroactively, then, except as otherwise provided in Part 4.5 with regard to Settlement Awards, any amount paid for the retroactive period of adjustment shall be taken into account as Eligible Earnings for the pay date on which such amount is actually paid rather than the pay period to which it is attributable.

"Eligible Employee" means a full-time permanent Employee who is not a Leased Employee, is not in an Excluded Bargaining Unit and who is designated by the Los Angeles County Board of Supervisors as eligible to participate in the Plan. For purposes hereof, "full-time permanent" means any Employee appointed to an "A," "L" or "N" item pursuant to Title 6 of the Los Angeles County Code, or any Employee appointed to a "D" item pursuant to said Title 6 who is required to possess a California license to practice as a Registered Nurse. Notwithstanding the foregoing, beginning on January 2, 2026, Employees who are eligible to participate in the Choices Plan as defined in Section 5.33.020 or the Local 721 Cafeteria Plan as defined in Section 5.37.020 are Eligible Employees under this Section 5.26.020.20, and Participants as defined in Section 5.26.020.36, for purposes of Plan participation under Section 5.26.040 only and will not be eligible for Matching Contributions. For clarity and the avoidance of doubt, such Employees may enter into Compensation Deferral Agreements under Section 5.26.020.14, Salary Deduction Agreements under Section 5.26.020.46, or Payroll Deduction Authorization Agreements under Section 5.26.020.38 with the County but will not be eligible for Matching Contributions as set forth in Part 4 of this Chapter. Only Eligible Participants as defined in Section 5.26.020.21 are eligible for Matching Contributions. Any Employee who would otherwise cease to be an Eligible Employee because of a change in employment classification and/or entry into an Excluded Bargaining Unit will remain an Eligible Employee until the last day of the month following the month in which such change or entry occurs or such later date as the Administrative Committee may provide; provided, however, that the County and representatives of an Excluded Bargaining Unit may, subject to approval by the Los Angeles County Board of Supervisors, agree that any Employee who would otherwise cease to be an Eligible Employee because of certification or accretion of the Employee's employment classification into an Excluded Bargaining Unit may continue as an Eligible Employee for such period as may be established in such agreement. Effective as of September 1, 1994, Special Eligible Employees will be treated as if they are Eligible Employees until March 31, 2004, for purposes of making Tax Deferred Contributions, but not for the purpose of having any other County Contributions made on their behalf. An Employee who is not otherwise eligible to participate in this Plan will not become an Eligible Employee solely by becoming an inactive Participant through the merger of the Deferred Earnings Plan into this Plan.

"Eligible Participant" means an Eligible Employee except an Employee who is eligible to participate in the Choices Plan as defined under 5.33.020 or the Local 721 Cafeteria Plan as defined under 5.37.020.

"Eligible Rollover Distribution" means any distribution of all or part of the balance to the credit of the Participant in an "eligible retirement plan" as defined in Plan section 5.26.610A (including the Plan where applicable), other than (1) any distribution which is one of a series of substantially equal periodic payments made not less frequently than annually for the life (or life expectancy) of the Participant or beneficiary or the joint lives (or joint life expectancies) of such individual and designated beneficiary, or for a specified period of ten (10) years or more; (2) any distribution to the extent such distribution is required by Code Section 401(a)(9); and (3) any distribution which is (a) a return of elective deferrals described in Section 1.415-6(b)(6)(iv) of the Treasury Regulations which is returned due to the limitations under Code Section 415, (b) a corrective distribution of excess contributions described in Section 1.401(k)-1(f)(4) of the Treasury Regulations, excess deferrals described in Section 1.402(g)-1(e)(3) of the Treasury Regulations or excess aggregate contributions described in Section 1.401(m)-1(e)(3) of the Treasury Regulations, together with the income allocable thereto, (c) a loan treated as a distribution under Code Section 72(p) and not excepted from such treatment under Code Section 72(p)(2), (d) a deemed distribution of a loan in default, (e) a dividend on employer securities described in Code Section 404(k), (f) the P.S. 58 cost of life insurance coverage, and (g) any other similar item designated by the Commissioner of Internal Revenue. For distributions made on or after January 1, 2000, an Eligible Rollover Distribution also does not include any distribution or withdrawal of Tax Deferred Contributions due to Hardship as provided in Section 5.26.300 and under Code Section 401(k). For distributions made on or after January 1, 2002, an Eligible Rollover Distribution also does not include any distribution or withdrawal of Matching Contributions or Tax Deferred Contributions due to Hardship as provided in Section 5.26.300.

"Employee" means any person who: (a) has been determined by the County (regardless of any determination made by any other person or entity) to be an employee of the County within the meaning of Code section 3401(c) for federal income and/or employment tax purposes; or (b) is a Leased Employee as defined in subsection 32 of this section and as provided in Section 5.26.055. If it is determined that an individual was erroneously categorized as not being an Employee, the individual will be treated as an Employee under the Plan only prospectively from the date of such determination. Effective January 1, 2009, solely to the extent required by Code section 414(u)(12), the term Employee will include an individual receiving differential wage payments (within the meaning of Code section 414(u)(12)(D)) from the County.

"Entry Date" means September 1, 1984, and the 1st day of the month or the 16th day of the month unless otherwise provided by the Administrative Committee.

"Excluded Bargaining Unit" means an employee representation unit, unless the representative of such unit and the County agree that the Employees in such unit will be covered hereunder.

"415 Compensation" means wages, within the meaning of Code section 3401(a) (for purposes of income tax withholding) but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or the services performed, paid to an Employee by the County. Effective for years beginning on and after January 1, 1998, 415 Compensation also includes any County contribution under a cash or deferred arrangement (including Tax Deferred Contributions) for the year, any County contributions to purchase an annuity contract under Code section 403(b) under a salary reduction agreement, any other elective deferral (as defined in Code section 402(g)(3)) and any amount which is contributed to a plan sponsored by the County at the election of the Employee and which is not includible in gross income under Code section 125 or Code section 457. For Limitation Years (as defined in Section 5.26.160) beginning on and after January 1, 2001, 415 Compensation paid or made available during such Limitation Years will include elective amounts that are not includible in the gross income of the Employee by reason of Code section 132(f)(4). On or after January 1, 2003, 415

Compensation also includes any amount that is not available in cash to an Employee under the Choices, Options, Flexible Benefit Plans or Mega-Flex Plans (or a successor plan) because the Employee is unable to certify that the Employee has other health coverage. Except as provided in Part 4.5, 415 Compensation will not include any Settlement Award (as defined in Part 4.5). In order to be taken into account as 415 Compensation, an item of compensation must be paid (or treated as paid) to the Participant prior to the Participant's Severance Date, provided, however, the following types of post-employment payments are included within 415 Compensation if they are paid by the later of 2½ months after the Participant's Severance Date or the end of the calendar year in which such Severance Date occurs: (i) payments that, absent a termination from employment, would have been paid to the Participant in the normal course of employment and are regular compensation for services during regular working hours or outside regular working hours (such as overtime or shift differential), bonuses or other similar compensation; and (ii) Termination Pay. For these purposes, the "County" includes any entity the employees of which, together with Employees of the County, are required to be treated as if they were employed by a single employer under Code section 414(b), (c), (m) or (o) (taking into account any adjustment made pursuant to Code section 415(h)), and any entity whose employees are treated as employees of the County under Code section 414(n). Effective beginning on and after April 1, 2010, or such later date as may be determined by the Chief Administrative Officer when the human resources management system reflecting this provision is implemented, 415 Compensation will not include Nonelective Contributions (as that term is defined in Los Angeles County Code Sections 5.27.020, 5.28.020, 5.33.020 or 5.37.020, as applicable) unless those Nonelective Contributions are received by the Participant as a cash benefit under the Choices, Options, Flexible Benefit or Mega-Flex Plans (in accordance with Los Angeles County Code Sections 5.27.050E, 5.28.050E, 5.33.050F or 5.37.050F, as applicable). For the avoidance of doubt, consistent with Code section 3401(h), effective January 1, 2009, 415 Compensation includes differential wage payments within the meaning of Code section 414(u)(12)(D).

"Hardship" means hardship as determined in a uniform and nondiscriminatory manner by the Administrative Committee, taking into account wherever applicable the definition of such term by the Treasury Department in its regulations or other applicable guidance issued under Code Section 401(k), all on the basis of information supplied to the Administrative Committee by the Participant.

"Horizons Plan" means the County of Los Angeles Deferred Compensation and Thrift Plan.

"Investment Funds" means any Core Funds made available under the Plan. Such term also includes the Participant Loan Fund, and the Brokerage Cash Feature Fund and Brokerage Investments in which Participants invest through a Personal Brokerage Account Window, if such Personal Brokerage Account Window is authorized by the Administrative Committee.

"Investment Manager" means the person(s) appointed by the Plan Administrator who, under such terms and conditions as the Plan Administrator may decide with respect to any Investment Fund, except the Brokerage Investments in which Participants invest through a Personal Brokerage Account Window, has the discretion to determine which assets in such Fund will be sold (or exchanged) and what investments will be acquired for such Fund. In the alternative, an organization which is employed by the County to provide administrative and investment services (by agreement with one or more investment providers) may be designated an Investment Manager.

"Involuntary Early Severance" means a Participant's severance from County employment less than ninety (90) days after execution of a Payroll Deduction Authorization Agreement due to death, disability, layoff or other events that the County determines are beyond the control of the Participant.

"LACERA" means, collectively, the Los Angeles County Employees' Retirement Association and the defined benefit retirement plan administered thereby.

"Leased Employee" means any person (other than an Employee of the recipient) who, pursuant to an agreement between the recipient and any other person (leasing organization), has performed services for the recipient (or for the recipient and related persons determined in accordance with Code Section 414(n)(6)) on a substantially full time basis for a period of at least one (1) year, and such services are performed under the primary direction or control by the recipient employer. A Leased Employee will not be considered an Employee of the recipient if Leased Employees do not constitute more than twenty (20) percent of the recipient's non-highly compensated workforce and such Leased Employee is covered by a money purchase pension plan providing (i) a nonintegrated employer contribution rate of at least ten (10) percent of compensation as defined under Code Section 415(c)(3); (ii) immediate participation; and (iii) full and immediate vesting.

"Matching Contributions" means contributions made by the County as specified in Section 5.26.110.

"Matching Contributions Account" means an account to which the following are credited: (1) the Matching Contributions allocated to each Eligible Participant, (2) the funds transferred to the Plan from the Eligible Participant's matching contribution account under the Deferred Earnings Plan, if any, upon the merger of the Deferred Earnings Plan with this Plan, and (3) any earnings, investment gains or losses and applicable Plan expenses allocable to the foregoing.

"Participant" means an Eligible Employee or a former Eligible Employee who has become and continues to be a Participant of the Plan in accordance with the provisions of Part 2 of this Chapter, or an Employee or former Employee who became an inactive Participant in accordance with Part 2 of this Chapter solely due to the merger of the Deferred Earnings Plan into this Plan.

"Participant Loan Fund" means the Investment Fund provided for in Section 5.26.310.

"Payroll Deduction Authorization Agreement" means the one-time, binding and irrevocable agreement by which an Eligible Employee elects to make a Termination Pay Contribution to the Plan, which satisfies the requirements specified in Section 5.26.175.

"Personal Brokerage Account Window" means an arrangement under which a Participant contracts with the Broker to open a brokerage account through which a portion of the Investment Account may be invested in the Brokerage Cash Feature Fund and various Brokerage Investments. The Administrative Committee will have authority to authorize or discontinue the Personal Brokerage Account Window at its discretion.

"Plan" means the County of Los Angeles Savings Plan, the terms and provisions of which are herein set forth, as the same may be amended, supplemented or restated from time to time.

"Plan Year" means a calendar year.

"QDRO" means a "qualified domestic relations order," which is a domestic relations order that the Administrative Committee has determined satisfies the requirements of a qualified domestic relations order as defined in Code Section 414(p)(1) and is consistent with the terms of this Plan.

"Qualified Plan" means an employee benefit plan that is qualified under Section 401(a) of the Code.

"Rollover Contributions" means contributions received by the Plan pursuant to Section 5.26.610A.

"Rollover Contributions Account" means an account to which the Rollover Contributions received on behalf of each Participant, and any earnings, investment gains or losses and applicable Plan expenses allocable thereto, are credited.

"Salary Deduction Agreement" means an agreement pursuant to which an Employee agrees to have an amount deducted from Eligible Earnings, on an after-tax basis, and the County agrees to contribute to the Plan the amount deducted as an After-Tax Contribution.

"Severance Date" means the date upon which an Eligible Employee or a Participant terminates employment with the County for any reason.

"Special Eligible Employee" means each of the Employees designated by the Board of Supervisors of the County in the resolution enacting Ordinance No. 2008-0004, who until March 31, 2004, will be treated as an Eligible Employee for purposes of making Tax Deferred Contributions (but no other County Contributions), notwithstanding the Employee's change in employment classification to other than full-time permanent or entry into an Excluded Bargaining Unit.

"Tax Deferred Contributions Account" means an account to which the following are credited: (1) the Tax Deferred Contributions and Catch-Up Contributions, subject to any action taken by the Administrative Committee under Section 5.26.190 to establish a separate account or subaccount for such Catch-Up Contributions, made for each Participant, (2) the funds transferred to the Plan from the Participant's tax deferred contribution account under the Deferred Earnings Plan, if any, upon the merger of the Deferred Earnings Plan with this Plan, and (3) any earnings, investment gains or losses and applicable Plan expenses allocable to the foregoing.

"Termination Pay" means amounts paid by the later of 2½ months after the Participant's Separation from Employment or the end of the calendar year in which the Participant's Separation from Employment occurs in redemption of accrued bona fide sick, vacation or other leave that otherwise would be paid in cash to the Participant under section 6.24.040A of the Los Angeles County Code, and which the Participant would have been able to use if employment had continued.

"Termination Pay Contribution" means a contribution made by a Participant pursuant to a Payroll Deduction Authorization Agreement, as specified in Section 5.26.173.

"Termination Pay Contribution Account" means an account to which the Termination Pay Contribution made for each Participant, and any earnings, investment gains or losses and applicable Plan expenses allocable thereto, is credited.

"TPA" means a third-party administrator who has entered into a contract with the County to provide record-keeping or other administrative services for the Plan.

"Trial Court Act" means the Trial Court Employment Protection and Governance Act, California Government Code Section 71600 et seq.

"Trial Court Employee" means a "trial court employee," as defined under the Trial Court Act, who is an Eligible Employee.

"Trial Court Entity" means each Los Angeles County Municipal Court, Los Angeles County Superior Court, and each unified, successor trial court entity (or portion thereof) established in the County pursuant to California Government Code Section 70200 et seq.

"Trust Agreement" means any agreement between the County and a Trustee as in effect from time to time.

"Trustee" means any person that is a custodian or trustee and that is appointed by the Board of Supervisors of the County to hold and administer some or all of the assets of the Plan pursuant to Part 8 of this Chapter.

"Valuation Date" means the date with respect to which the value of the Plan assets or any portion thereof is determined. Unless otherwise determined by the Administrative Committee, a Valuation Date occurs each day.

"Year of Service" means an Employee will be credited with a Year of Service for each Plan Year (including the Plan Year commencing September 1, 1984, and ending December 31, 1984) in which the Employee is employed by the County and is a Participant in the Plan, the Deferred Earnings Plan or in the Horizons Plan.

(Ord. 2025-0056 § 1, 2025; Ord. 2021-0051 § 4, 2021; Ord. 2017-0004 § 4, 2017; Ord. 2016-0004 § 3, 2016; Ord. 2014-0017 § 14, 2014; Ord. 2012-0056 § 1, 2012; Ord. 2010-0014, § 7, 2010; Ord. 2008-0071 § 1, 2008; Ord. 2008-0022 § 5, 2008; Ord. 2008-0004 § 10, 2008; Ord. 2007-0001 § 4, 2007; Ord. 2006-0084 § 1, 2006; Ord. 2005-0019 § 3, 2005; Ord. 2004-0064 §§ 1, 2 (part), 2004.)

A.

Unless the context otherwise indicates, the masculine wherever used herein shall include the feminine and neuter, the singular shall include the plural and words such as "herein," "hereof," "hereby," "hereunder," and words of similar import refer to the Plan as a whole and not to any particular part thereof.

B.

Where headings have been supplied to portions of the Plan they have been supplied for convenience only and are not to be taken as limiting or extending the meaning of any of its provisions.

C.

Wherever the word "person" appears in the Plan, it shall refer to both natural and legal persons.

D.

Except to the extent federal law controls, the Plan shall be governed, construed and administered according to the laws of the State of California. All persons accepting or claiming benefits under the Plan shall be bound by and deemed to consent to its provisions.

(Ord. 2004-0064 §§ 1, 2 (part), 2004.)

A.

Generally. Notwithstanding the general definition of County in Section 5.26.020, with regard to rights and obligations related to the design, amendment, termination or administration of the Plan, including but not limited to those set forth in Parts 8, 9 and 11, the term "County shall refer exclusively to the County of Los Angeles, and each other employer participating in this Plan shall be bound by the actions of the County of Los Angeles.

B.

Trial Court Entities. Generally effective January 1, 2001, the Trial Court Act recognizes the Trial Court Entities as separate, successor employers for certain purposes, and provides that, if permitted by federal law, Trial Court Employees shall continue to be eligible to receive deferred compensation benefits under the Plan unless otherwise elected by their respective Trial Court Entities. Accordingly, if Trial Court Employees participate in the Plan on and after January 1, 2001, then, on and after that date, any Compensation Deferral Agreements in effect for such Trial Court Employees shall be deemed to be made under a separate cash or deferred arrangement with the Trial Court Entity that employs them, and any County Contributions made to the Plan on behalf of such Trial Court Employees shall be paid out of the budget of their respective Trial Court Entity. In addition, a Payroll Deduction Authorization Agreement executed by a Trial Court Employee shall be between such Trial Court Employee and the Trial Court Entity that employs him, and any Termination Pay Contribution made to the Plan on behalf of such Trial Court Employee shall be paid out of the budget of such Trial Court Entity.

(Ord. 2004-0064 §§ 1, 2 (part), 2004.)

A.

For Plan Years beginning before January 1, 2002 and notwithstanding any provision in the Plan to the contrary or any other law, for any Eligible Employee who becomes a Participant in this Plan on or after January 1, 1996, the annual Compensation, and Eligible Earnings taken into account for all purposes under the Plan shall be limited to $150,000.00 as adjusted for the calendar year to reflect increases in the cost-of-living in accordance with Code sections 401(a)(17)(B) and 415(d).

B.

For Plan Years beginning on or after January 1, 2002, and notwithstanding any provision in the Plan to the contrary or any other law, for any Eligible Employee who becomes a Participant in this Plan on or after January 1, 1996, the annual Compensation, and Eligible Earnings taken into account for all purposes under the Plan shall be limited to $200,000.00 as adjusted for the calendar year to reflect increases in the cost-of-living in accordance with Code sections 401(a)(17)(B) and 415(d). All County Contributions calculated as a percentage of Compensation or Eligible Earnings shall cease for a Plan Year when a Participant's aggregate Compensation or Eligible Earnings, as applicable, reaches this dollar limit.

(Ord. 2014-0017 § 15, 2014; Ord. 2004-0064 §§ 1, 2 (part), 2004.)