Los Angeles County Municipal Code Part 10 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. 2004-0064 §§ 1, 2 (part), 2004.)

A.

Notwithstanding Section 5.26.460, 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, written 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 5.26.465. The suspension of distributions from the Participant's Investment Account shall be discontinued only in accordance with a QDRO, a court order demonstrating that no benefits have been awarded to the Alternate Payee, or other documentation as determined by the Plan Administrator.

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. Regardless of whether the Participant is eligible to take a distribution under the Plan, the QDRO may provide for an immediate distribution of the Alternate Payee's interest thereunder to the Alternate Payee. If a QDRO does not provide the form of distribution of benefits payable to an Alternate Payee, the Alternate Payee shall have the right to elect distribution in any form provided under this section. Pursuant to the QDRO or the Alternate Payee's election, the Alternate Payee's interest may be distributed in any form of payment available to the Participant; provided, however, that such payments shall be made in accordance with Code Section 401(a)(9) and applicable Treasury Regulations promulgated thereunder.

D.

Segregation of Alternate Payee's Interest.

The Alternate Payee's interest specified in the QDRO shall be segregated and/or distributed from the Participant's Accounts, and the Core Funds in which such Accounts are invested, on a pro rata basis. If the assets invested in the Core Funds are insufficient to satisfy the QDRO, the Administrative Committee may transfer amounts from the Personal Brokerage Account Window to the Core Funds as necessary.

Notwithstanding subsection D.1. of this Section 5.26.465, a QDRO may provide for an in-kind division and/or distribution of securities held through the Personal Brokerage Account Window subject to the following requirements: (1) the Participant's Account is 100% vested and nonforfeitable; (2) the Alternate Payee is the Participant's former spouse, (3) the QDRO clearly states the number of shares and the identities of the securities awarded to the Alternate Payee; and (3) either: (a) if the amounts are remaining in the Alternate Payee's Account under the Plan, the Alternate Payee must enter his own contract with the Broker to open a brokerage account through the Personal Brokerage Account Window, or (b) if the amounts are to be distributed in-kind, the Alternate Payee must request, or the QDRO must provide for, a full distribution of the Alternate Payee's Account from both Core Funds and the Personal Brokerage Account Window and the distribution must be made in the form of a direct rollover to an "eligible retirement plan" as authorized in section 5.26.610 and such Eligible Retirement Plan must accept the in-kind rollover.

E.

Following the determination that a domestic relations order is a QDRO, and segregation of an Alternate Payee's interest, the Alternate Payee shall have the right to direct the investment of his or her interest in the same manner as provided under Section 5.26.200 with respect to the Participant. The Participant shall continue to have the right to direct the investment of the portion of his or her Account that is not awarded to the Alternate Payee pursuant to the QDRO.

F.

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 Alternate Payee's death, with or without the Beneficiary's request.

(Ord. 2010-0063 § 13, 2010; Ord. 2009-0040 § 15, 2009; Ord. 2008-0071 § 10, 2008; Ord. 2004-0064 §§ 1, 2 (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. 2004-0064 §§ 1, 2 (part), 2004.)

A Participant by accepting benefits under the Plan does not thereby agree to continue for any period in the employ of the County, and the County by adopting the Plan, making contributions or taking any action with respect to the Plan does not obligate itself to continue the employment of any Participant for any period.

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

Effective on and after December 12, 1994, and notwithstanding any provisions of this Plan to the contrary, contributions, benefits and service credit with respect to "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. 2004-0064 §§ 1, 2 (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. 2004-0064 §§ 1, 2 (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 change his contribution election, a Participant's right to change his investment election and a Participant's right to borrow or withdraw from his Account or obtain a distribution from his Account.

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

Notwithstanding any other provisions of this Plan, pursuant to a compliance statement from the Internal Revenue Service dated October 19, 2007, effective September 1, 1994, a Special Eligible Employee may continue to have Tax Deferred Contributions made for him or her provided that no Tax Deferred Contributions shall be made on behalf of any Special Eligible Employee for services performed after March 31, 2004. A Special Eligible Employee who has ceased to be an Eligible Employee may have no County Contributions other than Tax Deferred Contributions made for him or her until he or she again commences participation pursuant to Section 5.26.040. No Tax Deferred Contributions will be made on behalf of any Special Eligible Employee for services performed after March 31, 2004, until he or she again commences participation pursuant to Section 5.26.040.

(Ord. 2008-0004 § 16, 2008.)