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457 Governmental Plan and Trust Employer may elect to use one or more custodial amendments are necessary to continue the Plan as an I accounts or annuity contracts in lieu of or in addition Eligible 457 Plan. to the Trust established in this Article VIII. Any such custodial account or annuity contract must satisfy the 9.02 TERMINATION / FREEZING OF requirements of Code §457(g)(3) and applicable PLAN. The Employer has the right, at any time, to Treasury regulations. terminate this Plan or to cease (freeze) further Defenal Contributions to the Plan. Upon termination 8.17 GROUP TRUST AUTHORITY. Not- or freezing of the Plan, the provisions of the Plan withstanding any contrary provision in this Plan, the (other than provisions permitting continued Deferral Trustee may, unless restricted in writing by the Contributions) remain operative until distribution of Administrative Services Provider, transfer assets of all Accounts. Upon Plan termination, the I � the lan to a rou trust that is o erated or Administrative Services Provider or Trustee shall P g P P maintained exclusively for the commingling and distribute to Participants and Beneficiaries all collective investment of monies provided that the Deferred Compensation as soon as is reasonably funds in the group trust consist exclusively of trust practicable following termination. assets held under plans qualified under Code section 401(a), individual retirement accounts that aze 9.03 TR.ANSFERS. The Plan: (a) may accept exempt under Code section 408(e), and eligible a Transfer of a Participant's Account in another governmental plans that meets the requirements of employer's Eligible 457 Plan; or (b) may Transfer a Code section 457(b). For this purpose, a trust Participant's (or Beneficiary's) Account in this Plan includes a custodial account that is treated as a trust to the another employer's Eligible 457 Plan. The under Code section 401(� or under Code section other plan involved in the Transfer must provide for 457(g)(3). For purposes of valuation, the value of the Transfers. The Participant or Beneficiary, after the interest maintained by the Plan in such group trust Transfer will have Deferred Compensation in the shall be the fair market value of the portion of the recipient plan at least equal to his/her Deferred group trust held for Plan, determined in accordance Compensation in the transferring plan immediately with generally recognized valuation procedures. before the Transfer. Any Transfer also must comply with applicable Treasury regulations, and in ARTICLE IX particular Treas. Reg. §§1.457-10(b)(2) as to post- AMENDMENT, TERMINATION, TRANSFERS severance transfers between Eligible 457 Plans; 1.457-10(b)(3) as to transfers of all assets between 9.01 AMENDMENT BY EMPLOYER / Eligible 457 Plans; and 1.457-10(b)(4) as to transfers SPONSOR. The Employer has the right at any time between Eligible 457 Plans of the same Employer. and from time to time: The Administrative Services Provider will credit any Transfer accepted under this Section 9.03 to the (a) To amend this Plan and Trust Agreement in Participant's Account and will treat the transferred any manner it deems necessary or advisable in order amount as a Deferral Contribution for all purposes of to continue the status of this Plan as an Eligible 457 this Plan except such Transfer will not be treated as a Plan; and Deferral Contribution subject to the limitations of Article III. The Plan's Transfer of any ParticipanYs (b) To amend this Pian and Trust Agreement in or Beneficiary's Account under this 5ection 9.03 any other manner, inciuding deletion, substitution or completely discharges the Employer, the modification of any Plan or Trust. Administrative Services Provider, the Trustee and the Plan from any liability to the Participant or The Employer must make all amendments in Beneficiary for any Pian benefits. i writing. The Employer may amend the Plan by addenda, by separate amendment, or by restatement 9.04 PURCHASE OF PERMISSIVE � of the Plan. Each amendment must state the date to SERVICE CREDTT. A Participant, prior to otherwise which it is either retroactively or prospectively incurring a distributable event under Article N, may effective. The Employer also may not make any direct the Trustee to transfer (as of January 1, 2002, amendment that affects the rights, duties or or later) all or a portion of his/her Account to a responsibilities of the Trustee or the Administrative governmental defined benefit plan (under Code Services Provider without the written consent of the §414(d)) for: (a) the purchase of permissive service affected Trustee or the Administrative Services credit (under Code §415(n)(3)(A)) under such plan, Provider. or (b) the repayment of contributions and earnings previously refunded with respect to a forfeiture of The Employer will accept amendments from service credited under the plan (or under another ' the Administrative Services Provider (including govemmental plan within the same State) to which adoption of a substitute Plan and Trust) without being Code §415 does not apply by reason of Code required to re-execute the Plan, provided that the §415(k)(3). OO Copyright 2010 SunGazd 1110 19 28