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<br /> <br /> <br /> <br /> <br /> <br /> <br /> ARTICLE VI <br /> <br /> MISCELLANEOUS <br /> 6.1 Participant's Right Not Subject to Execution. <br /> <br /> The right of a Participant to a benefit under this Plan is not assignable and is not <br /> <br /> subject to execution or any other process whatsoever, except to the extent permitted by <br /> <br /> the Code of Civil Procedure and the Family Code of the State of California. Any <br /> <br /> payment hereunder required under the California Family Code to a person other than the <br /> <br /> Participant must not alter the form or amount of benefits hereunder except to the extent <br /> <br /> provided in a Qualified Domestic Relations Order (as defined in Code Section 414(p)) <br /> <br /> prior to the Participant's Break in Employment. <br /> <br /> 6.2 Investment. <br /> All contributions, interest earned, and any assets of the Plan shall at all times be <br /> <br /> invested and managed in accordance with the requirements of the California Government <br /> <br /> Code. <br /> <br /> 6.3 Valuation. <br /> <br /> The value of the Trust under the Plan shall be established periodically as <br /> <br /> determined by the Employer in its discretion (but no less frequently than annually) and <br /> <br /> investment gains and losses thereon shall be allocated to the Participants' Accounts. <br /> <br /> Notwithstanding anything to the contrary herein, if the Employer determines that <br /> Accounts should be valued on a more frequent basis or that an alternative method of <br /> <br /> allocating earnings and losses would better serve the interests of the Participants or their <br /> <br /> Beneficiaries or could more readily be implemented, the Employer may make such <br /> <br /> changes; provided that any alternative method must result in Plan earnings being <br /> <br /> allocated on the general basis of Account balances. <br /> <br /> NB 1:564577.3 16 <br /> <br /> 55A-55 <br />