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(a) The plan sponsor. The plan sponsor shall be responsible for:

(1) Making its respective contributions hereunder;

(2) Keeping accurate records with respect to its elected officials and executive employees and furnishing such data to the plan administrator;

(3) The selection of agents to operate and administer the plan and trust;

(4) The periodic review of the performance of such agents;

(5) The appointment and review of investment managers, if any; and

(6) Certifying to the trustee the names and specimen signatures of any individuals acting on behalf of the plan administrator from time to time.

(b) The trustee. The trustee shall be responsible for:

(1) The investment of the trust fund to the extent and in the manner provided in the trust agreement;

(2) The custody and preservation of trust assets delivered to it;

(3) Following the investment directions given by the plan sponsor or by any investment manager appointed by the plan sponsor to the extent the directions are proper under applicable law; and

(4) For making such payments from the trust fund as the plan administrator shall direct.

(c) The plan administrator. The plan sponsor may appoint one or more persons as plan administrator to administer the plan. The persons appointed as plan administrator shall serve without compensation if they are compensated by the City on a full-time basis, but the city shall pay or reimburse all expenses properly and actually incurred in the performance of plan duties of the plan administrator. The plan administrator shall have the authority and power to delegate the authority to perform specified tasks to others. The plan administrator shall have full discretion and authority to exercise such powers as may be necessary to discharge its duties hereunder, including, but not by way of limitation, the following powers and duties:

(1) To construe and interpret the plan, decide all questions of eligibility and determine the amount, manner and time of payment of any benefits hereunder;

(2) To take any action appropriate to assure that the plan assets are invested for the exclusive purpose of providing benefits to participants and their beneficiaries in accordance with the plan and defraying reasonable expenses of administering the plan, subject to the requirements of any applicable law;

(3) To determine the amounts of city contributions to the plan based on appropriate information;

(4) To prescribe rules for the operation of the plan;

(5) To receive from the city and from participants such information as shall be necessary for the proper administration of the plan;

(6) To delegate to one or more persons the right to act in its behalf in all matters connected with the administration of the plan and trust;

(7) To appoint or employ for the plan any agents it deems advisable, including, but not limited to, an actuary, a qualified accountant, and qualified legal counsel;

(8) To allocate the assets of the plan available to provide benefits to participants in the event the plan should terminate (subject to the possible reversion of assets to the city after the distribution of assets to participants as set forth in section 102-295(b) (to the extent not prohibited by the Code));

(9) To report to the trustee all available information regarding the amount of benefits payable to each participant, the amount of benefits guaranteed, the computations with respect to the allocation of assets, and any other information which the trustee may require in order to terminate the plan; and

(10) To delegate to any individual any of the above powers and duties the plan administrator deems appropriate.

The plan administrator shall have no power to waive or fail to apply any requirements of eligibility for a benefit under the plan. All rules and decisions of the plan administrator shall be uniformly and consistently applied to all participants in similar circumstances.

(d) Information to be made available to plan administrator. To enable the plan administrator to perform all of its duties under the plan, the city shall provide the plan administrator with access to the following information for each participant: (1) name and address, (2) social security number, (3) birth date, (4) dates of commencement and termination of employment, (5) marital status, and (6) any other information the plan administrator may require. To the extent the information is available in its records, the city will provide the plan administrator with access to information relating to each participant's retirement benefits. If the information is not available from city records, the plan administrator may obtain the information from the participants. The plan administrator and the city may rely on and shall not be liable because of any information that a participant provides, either directly or indirectly. Whenever provision is made in the plan that a participant may exercise any option or election, the action of each participant shall be evidenced by a written notice signed by the participant and delivered in person or by mail. If a form is furnished by the plan, a participant shall give written notice of his exercise of any option or election on the form provided. Written notice shall not be effective until received. (Ord. No. 2001-70, § 9, 11-19-2001)