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HomeMy WebLinkAboutValic 401 (a)VALIC The Variable Annuity Life Insurance Company (V___ALIC) EMPLOYER/PLAN ADMINISTRATOR RESPONSIBILITIES The following is a list of Employer/Plan Administrator responsibilities, This list is not all inclusive and may be subject to changes as applicable laws change. For a description of the areas in which VALIC will provide assistance, refer to the Schedule of Services. 1. Establish the Plan with a resolution passed by the organization's Board of Directors (or appropriate governing body). 2. The following items must be distributed to participants and/or posted for all employees wiLhin the time frames established by ERISA and the Internal Revenue Code: Notice to Interested Parties. Summary Plan Description (SPD), · Summary Annual Report (SAR). · Benefits Statements (including vesting information). The following items must be signed and forwarded to the appropriate governmental agency if necessary: Plan Document* ~RS determination letter applications (if needed). · Form 5500 and applicable schedules. 4. Determine the need for and provide fidelity bond coverage for the Plan as required by ERISA Section 412, 5. Establish written procedures for administering Policy Loans (if applicable) and Qualified Domestic Relations Orders (QDROs). 6. Assist in making arrangements to enroll eligible employees. 7. Ensure that any hondiscrimination testing or other testing required by law is performed and take any actions needed to bring the Plan into compliance w~th relevant Internal Revenue Code requirements. 8. Send contribution remittance end detailed allocation instructions to VAUC in "good order." This means that the aliocabon instructions are sent to VALIC before or concurrent with the contribution remittance and that they are in balance. Required information includes (but may be more extensive in order to support reporting or service work requested) participant name, SSN, source of the contributions, and doFar amount, VALIC accepts allocation instructions through several automated methods. including file transmission via modem, magnetic tape, diskette, or cartridge, For Full Service arrangements automated remittance processing is required. For Partial and Standard Service arrangements automated remittance processing is strongly encouraged; however, speeia~ arrangements can be made for manual processing, Prior to sending the first contribution remittance, the method and format must be reviewed and approved by VALIC'S Premium Administration department. Pension Administrative Services APPROVED, Contract FORM BY: For use with all tax-deferred plan types 9, Provide participant address information, when required. If VALIC receives contributions for a participant who has not yet completed a contract application, VALIC Will open a temporary "slarter" account and invest the funds in the Money Market Division of Separate Account A (Money Market Fund) chosen by the Employer. In order to open a "starter" account, the participant's current address is required. If VAUC is unable to obtain the participant's address from you, we will use your organization's address. The funds will remain in the Money Market Fund investment for t05 days or until the participant has completed a contract application, whichever is less. During that period, VALIC will attempt to contact the participant through the financial advisor assigned to your organization and by mail. If a completed application is not received within 105 days of VAUC receiving the contributions, the contributions and earnings will be returned to your organization until such time as a completed appli- cation can be obtained. 10. Review and sign an "Agreement Regarding Capital Transfer °f Assets" if your organization plans to initiate an employer- directed transfer of assets to VAUC. This agreement describes VAUC'S policies end procedures with respect to employer- directed capital transfers of assets, including where to send allocation instructions for the transfer, the investment of the funds prior to VAUC'S receipt and reconciliation of the allocation instructions (if they are not received concurrently with the funds or do not reconcile to the remitted amount), and record-keeping procedures for participants who have not yet completed contract applications. Signing of the "Agreement Regarding Capital Transfer of Assets" indicates employer understanding of and agreement to these policies and procedures. For Full Service arrangements automated processing is required. For Partial and Standard Service arrangements automated processing is strongly encouraged; however, special arrangements can be made for manual processing. 11, Review eech request for a distribution or loan, obtain required spousal consent (if applicable), and complete the section of each V^UC distribution form requiring the Plan Administrator's informatioNappmvaL 12. Inform porticipants of spousal rights to benebts, as prescribed bY the Retirement Equity Act (REA) of 1984 and applicable regulations, 13. Calculate eligibility, service, vesting, and contributions for all Employees based on the Plan Bocument provisions and applicable laws and regulations. Monitor legal limits on Employer and Employee contributions, 14, Notify VALLE of any cbenges to organizational structure or requested changes to the Plan. * NOTE: No work can be performed under VAUC'S Full or partial Services arrangements until final decisions have been made regarding all plan provisions. VALIC The Variable Annuity Life Insurance Company (VAtlC) ~ I. PENSION ADMINISTRATIVE SERVICES CONTRACT PROVISIONS The Variable Annuity Life insurance Company (VAuC) has developed certam standard (not fee-based), partial, and full administrative and record-keeping services for its customers who sponsor retirement plans. These services are in addition to those specified in the VAUC annuity contract(s) purchased by the employer end/or emp~oyeee. These additional services are intended to assist ~he plan sponsor in complying with the roles imposed by ERISA and/or subsequent legislation, and the internal Revenue Code. InduCed are the functions that must be performed at the time the plan is established as well as those that must be pedormed each plan year, such as annual redor[s to participants and to government agencies. FEES FOR SERVICES VALIC will provide ti Holder as indicated remains in force, document. An additional lee amendment to.the additional fee may be charged part! by the Conb'act as this contract wilt be the VAlle standard ged for any customization or /j / Holder shall pay VALtC for any ~ · ~moont indicated in this contract, on an ~ )y the Contract Holder, ~ r to cancellation for the p~an occurred. This contract applies to serwces ,, and not to services provided by any third CONTRACTHOLDER AGREEMENT The Contract Holder shell furnish V^U¢ with information required to carry out its duties hereunder. VALIC, as the entity providing administrative ser- vices to the Contract Holder, is not the Plan Administrator, as defined under applicable law. V^UC shall be entitled to rely exclusively upon ~nformeqon furnished to it by the Rlan Administrator and shall have no duty to look beyond such information. VALIC is not responsible for the actions or inac- tions of prior vendors or service providers, or for interaction with govern- mental agencies regarding issues from plan years prior to the plan years for which this contract is effective. CONTRACT PERIOD/TERMINATION This Contract shell continue in effect from the date it is accepted by VALIC and from year to year thereaiten Either V^LIC or the Contract Holder may termmate this Contract by written notification at least 30 days prior to the date the termination is to be effective. V^LIC reserves the right to terminate this Contract at any time that another financial institution is allowed to recmve or hold funds for the Contract Holder's Retirement Plan unless the inclusion of such other institution is agreed to in writing by VALIC. This agreement represents the entire agreement between the parties and may be modified or amended only by wilton agreement of all parties thereto. Any representation or statement made by any party not expressly set forth in the Contract shall not be binding on any party, The agreement shal~ be governed by the laws of the state in which it was adopted. EMPLOYER RESPONSIBILITY WITH STANDARD SERVICE iF THE STANDARD SERVICES USTED IN THIS CONTRACT HAVE BEEN ELECTED, BY ACCEPTANCE OF THIS CONTRACT, THE CONTRACT HOLDER ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS ALL DUTIES REQUIRED BY LAW TO BE PERFORMED BY THE PLAN ADMINISTRATOR. HE OR SHE ALSO UNDERSTANDS THAT PENALTIES MAY BE ASSESSED UNDER FEDERAL Pension Administrative Services Contract For use with all tax.deferred plan types LAW IF THE PLAN ADMINISTRATOR FALLS TO PERFORM SOME OR ALL DUTIES REQUIRED. THE FOLLOWING ARE SOME. BUT NOT ALL OF THE REOUIRED DUTIES, IN ADDITION TO THE SCHEDULE OF STANDARD SERVICES IN THIS CONTRACT: DISTRIBUTION OF NOTICES TO INTERESTED PARTIES; COMPLETION AND FILING OF FORM 5500; PREPARATION AND FILING OF SUMMARY ANNUAL REPORT; PERFORMING CERTAIN NONDISCRIMINATION TESTS UNDER IRC SECTIONS 410(b), 401 (a)(4), 401 (k), AND 401 (m); CALCULATION OF CONTRIBUTIONS AND VESTING, II. REQUIRED INFORMATION ~MPORTANT NOTE: ALL REQUIRED ITEMS BELOW MUST BE COMPLETED BEFORE CONTRACT(S) FUNDING THE RETIREMENT PLAN CAN BE SET UP WITH VALIC, THESE ITEMS ARE REQUIRED FOR ALL PLANS 1. EMPLOYER SPONSOR~NG PLAN(S): _ City of Carmel ... 2. NAME(S) OF PLAN(S): City of Carmel NAME, ADDRESS, AND PHONE NUMBER OF PLAN ADMINISTRATOR (Plan information prepared by VAUC will be sent to this address unless otherwise indicated. VALIC should be notified of any changes to this information.): Name: City of Carmel Address: One Civic Square City: Carmel State: IN Phone Numbor: 317~571-2471 ZIp: 46032 ... NAME AND ADDRESS OF PAR]Y CURRENTLY PROVIDING ADMINISTRATIVE SERVICES: (If different from Plan Administrator named in Item 3. If VAUC is providing Full Services, comptete for prior service provider): N/A 5. NAMES OF ANY OTHER PARTIES HOLDING ASSETS OF THE PLAN: Nationwide, Lincoln, ING fi, EFFECTIVE DATE OF PLAN(S): Original 1]_/01/02 month / day ! year Re~ed month ! day ! year EMPLOYER IDENTIFICATION NUMBER(S): 35-6000972 (If more than one EIN applies) VALIC The Variable Annuity Life Insurance Company(VAUC) THESE ITEMS ARE REQUIRED ONLY IF VALIC IS PROVIDING FULL SERVICES 8. Is the organization sponsoring the PlanEs) arffliated with, controlled by, or in eontroI of any other organization(s)? ~ Yes ~ No (If yes, then an orgamZation chart showing all organizations related !o, controlled by, affiliated with, or contJ'oJling the organization sponsecmg this Plan g~ust be attoched before any services can be provided, gr~ission ol any other oraanizaflon that may oossibiy be associated ~j~ the organization soonenrino this Plan may invalidate some or all of the plan Document work. nondiscrimination testing, and ether ~ervices nrovided by AIG Valic,~ 9. Has the Employer reviewed the Employer Responsibilities and Census Data sections of this contract, end agreed to supply to VALiC the cen- sus data on all employees of the organization by either Magnetic Tape (IBM standard JabeJ) or PC Diskette (IBM compatible) in a format or on a diskette provided by V^UC? ~ Yes [] No (il no. Fu~l Services cannot be provided.) III, sCHEDULE OF SERVICES A. STANDARD SERVICES (Provided at no charge), 1. DOCUMENT SERVICES: The Preparation of the Plan Document will be done using VALIC 'S standard 403(b) documentSr ar VAUC 'S eppmved prototype 401(a) or 40100 dccument and includes future amendments needed to keep the original document in compliance with changes in the law. The preparation of a Summary Plan DescripL~on will be for VALIC standard or protob~pe plans, Please check if VAUC should prepare a Plen Document and Summary Plan Description (SPD): [] Yes ~ No (it no, attach a copy of the Plen Document) Z. OTHER STANDARD SERVICES; Unless crossed out and iniL~aled below, all of the following STANDARD SERVICES will be provided by AIG VAUC (if applicable to the plan). (a) Technical Support Team by AIG VALIC Financial Advisor, Regional Service Center, and Home Office. (b) Enrollment of participents.' (c) Qua,.terly Confirmation Statements to active participanm'* (d) Maintenance of beneficiary records-* (e) Processing el all requested disbursements from participant accounts as directed by Plan Administrator. (O Processing of forfeiture money as directed by Plan Administrator (calculation of amounts is not included). (g) Acceptence and processing of transfers (within VALIC c°ntrects) in accordance with directions from Participants' and/or the Plan Administrator. (h) Tax withholding, as requested, on distributions to participants. (i) Preparation el IRS tax forms (Form 1099-R) on distributions to participants, Pension Administrative Services Contract For use with all tax-deferred plan type__s (j) Assistance in handling Retirement Equity Act of 1984 (REA) requirements, including 0ualified Pre-Retirement Survivor Annuities, Qualified Joint and Survivor Annuities, and Oualified Domestic RCaIions Orders. (k) Annual completion of Schedule A Form and notification of due date of Form 5500 filing for ERISA covered 401(a) or 401(10 plan, (I) Preparation of required notices to participants who receive distributions upon separation from service or retirement. (m) Preparation of Plan amendments as needed, (n) Preparation of reports necessary to complete the financial portions of Form 5500, B, FULL OR PARTIAL SERVICES (Available on a fee basis)' in addition to the Standard Services elected above, certain Partial or Full Services are available as indicated in Addendum A. ' Note: Not available for unal[ocated contracts (do not have individual participant accounts). IV, SIGNATURES & ELECTION OF SERVICE A. ELECTION OF SERVICES 1, PLEASE CHECK ONE: STANDARD SERVICES: Employer elects to have VALIC provide only those Standard Services applicable to the Plan. ~ PARTIAL SERVICES: Employer elects to have VAuc provide those Partial Services on a fee basis indicated in the Contract, including the provisions of Addendum A. ~ FULL SERVICES; Employer elects to have VALIC provide th°se Furl Services on a fee basis indicated in the Contract, including the provisions of Addendum A. FEE FOR SERVICES: If Partial or Full Services are elected complete Addendum B. Addendum B should also be completed il additional services are being selected for a SIandard Service client. B. UNDERWRITING CAVEATS The acceptance of this contract by VAUC is conditioned on the following special caveats. The Employer has read this contract, including applicable addenda, and has identified the services to be performed or not performed by VALIC. The Employer understands that the provisions of the Employer Responsibilities section are expressly incorporated herein. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety Date Mary ~Ann~Burke, Board M~nber L~oar~'Member Date ATTEST: ~rer Sandra M. Jolmson~ Deputy Clerk~o Date VALIC SIGN~,TURE Printed Name: ~/5~ t~, ~_~~ ~ Title:_ /-)/.(~./Z, 6__T_~ ?M~__~C~ Date: ~ /£)./~/~Z~__~