HomeMy WebLinkAboutAUL Amendment 457 AMENDMENT
TO THE
GUARANTEED BENEFIT GROUP RETIREMENT ANNUITY,
WITH SEPARATE ACCOUNTS (VIII)(SBR)
CONTRACT NUMBER G 76,040 (THE CONTRACT)
ISSUED BY
AMERICAN UNITED LIFE INSURANCE COMPANY (AUL)
TO
CITY OF CARMEL
(THE CONTRACTHOLDER)
The Effective Date of this Amendment is JANUARY 01, 2013.
You and we hereby agree, by signing below, that the Contract is amended by deleting the corresponding
Sections or Subsections of the Contract and by substituting the following Sections or Subsections in lieu
thereof, and by making any required corresponding changes in the Table of Contents of the Contract:
1.22 "Plan" means the Plan Sponsor's plan of deferred compensation that invests in this contract.
2.2 Transfers from Other Retirement Programs: If permitted by the Plan and by applicable state and
federal law, we may accept, or may initiate the transfer of, amounts transferred from other
retirement programs. Such transferred amounts, as identified by you, are credited as a rollover
Contribution under the appropriate Participant Account and are tracked within this contract as
required by applicable state and federal law.
By deleting §2.3 ("Reallocation of Participant Accounts"), and by renumbering §§2.4 and 2.5 as 2.3 and
2.4, respectively.
5.1 Plan Benefit Payments:
(a) Plan benefits for retirement, death, disability, unforeseeable emergencies, loans, or
required minimum distribution benefits pursuant to Code §401(a)(9). Such a withdrawal
is not subject to a Withdrawal Charge or Market Value Adjustment.
7.4 Other Charges: We apply those charges listed in the Table of Contract Charges.
10.1 Ownership: You own this contract. No other person or entity has any right, title, or interest in
this contract or to amounts received or credited under it until such amounts are made available to
them by you. All amounts received or credited under this contract become our property. We are
obligated to make only the payments or distributions specified in this contract. Assets shall be
held for the sole benefit of Participants and their beneficiaries under the Plan. No benefit or
privilege under the contract may be sold, assigned, discounted, or pledged as collateral for a loan,
as security for the performance of an obligation, or for any other purpose to any person or entity
other than AUL.
10.5 Representations and Warranties: You and we mutually represent and warrant, each to the other,
that each is fully authorized to enter into this contract and that this contract is a valid and binding
obligation and that the execution of this contract does not violate any law, regulation,judgment,
or order by which the representing party is bound. In addition, you represent and warrant to us
that:
GB8.OM-K(ll).AMNRDCP I
(a) the Plan is an eligible deferred compensation plan that meets the requirements of Code
§457;
(b) the execution of this contract has been authorized by the Plan representative responsible
for Plan investment decisions; and
(c) the execution or performance of this contract does not violate any Plan provision or any
law, regulation,judgment, or order by which the Plan is bound.
We do not make any representation or warranty regarding the federal, state, or local tax status of
this contract, any Participant Account, or any transaction involving this contract.
By deleting §10.9 ("Effect of Disqualification"), and by renumbering §§10.10 through 10.18 as 10.9
through 10.17, respectively.
CONTRACTHOLDER AUL
Signature Page Attached By
Title
President and Chief Executive Officer
Attest
Date E,
Secretary
GBS.OM-K(II).AMNRDCP 2
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
James Braii±ard, Presiding Officer Date
Ll - / 7 -%3
Ma An rke, Board Member Date
1 l7 /13
Lori Watson o rd Member Date
ATTEST:
Diana Cordray, IA C, Clerk-Treasurer Date