Participating Employer Addendum

Participating Employer Addendum for  
_________________________________ 
 
This Addendum to the Plan document for the __________________ Eligible Governmental 457(b) 
(the “Plan”) is adopted by _______________________ (“Employer”), effective the ___ day of 
_____________, 20___.  
 
 
WHEREAS, Employer previously adopted the _________________ Eligible Governmental 457 
Plan on the ___ day of ___________, 20___, whereby Employer agreed to establish an eligible deferred 
compensation plan as defined in section 457(b) of the Internal Revenue Code of 1986, as amended; and 
 
WHEREAS, Employer desires to include this Addendum to add language to the Plan Document 
to allow for multiple affiliated employers to join the Plan as established by the Employer. 
 
NOW THEREFORE, the Employer hereby includes in the Plan Document the following 
language: 
 
1.41 “Eligible Employer” means the following: (i) the Employer’s agencies, departments, subdivisions or 
instrumentalities, or any combination of the foregoing; (ii) a School Employer; and (iii) a Public Employer. 
 
1.42 “Joinder Agreement” means the agreement prescribed by the Employer by which a Participating 
Employer adopts the Plan as provided in Article X.  
 
1.43 “Participating Employer” means an Eligible Employer that adopts this Plan pursuant to Article X. 
Such Participating Employer shall be subject to and bound by the terms and provisions of this Plan. 
 
1.44 “Public Employer” means a city, county, urban county government, political subdivision or their 
departments, agencies, instrumentalities, governmental units or any combination of the foregoing of the 
Employer, for which services are performed by a Participant or Independent Contractor, where applicable. 
 
1.45 “School Employer” means the Employer's public educational institutions for which services are 
performed by a Participant or Independent Contractor, where applicable. 
 
ARTICLE X 
PARTICIPATING EMPLOYERS 
 
10.1 Addition of Participating Employer. Any Eligible Employer may adopt the Plan and Trust and 
become a Participating Employer hereunder by executing a Joinder Agreement as approved by the 
Employer. Such Eligible Employer will become a Participating Employer as of the effective date provided 
in the Joinder Agreement and will be subject to the terms and provisions of the Plan and Trust. 
 
10.2 Withdrawal from Plan and Trust by Participating Employer. A Participating Employer 
requesting to withdraw from the Plan and Trust shall deliver to the Employer a resolution or action of its 
governing body which authorizes its withdrawal as a Participating Employer and its termination of the 
Joinder Agreement. Notice of such withdrawal must be received by the Employer six months prior to its 
effective date unless such notice period is waived in writing by the Employer. The Employer may at any 
time, in its discretion, determine that a Participating Employer will no longer participate in the Plan and 
Trust and may direct the Participating Employer to withdraw from the Plan and Trust. The Employer shall 
determine the effective date of any withdrawal under this Section. 
 
CITY OF EL MIRAGE
City of El Mirage PSPRS
City of El Mirage
22nd
August
23
ASRS SSDP
7th
May
19

10.3 Participant Transfer from Employer or Participating Employer. A Participant who transfers 
employment from one Participating Employer or the Employer to another Participating Employer or the 
Employer shall be considered to have Severance from Employment with respect to the Participating 
Employer or the Employer that the Participant transferred employment from. Such Participant will continue 
to be a Participant in this Plan with the new Participating Employer or Employer without interruption. 
 
10.4 Freeze and Spin-off. If a Participating Employer withdraws from the Plan ("Withdrawing 
Employer"), the provisions of this Section will apply. Assets of Participant Accounts may remain after 
withdrawal, and Participant Accounts will be administered in accordance with this Section and such other 
terms and conditions established by the Employer, including but not limited to, the following: 
 
(1) The Employer and the Withdrawing Employer shall enter a written freeze agreement to set 
forth the terms of administration during the freeze. 
 
(2) The Employer will not accept any Deferral Contributions or transfers, including, but not limited 
to, Normal Retirement Age Catch-up Contributions. 
 
(3) During freeze, Participants may make loan repayments and new loans may be initiated in 
accordance with Employer loan procedures. 
 
(4) The Employer may adjust any Plan administrative fee imposed on the Participant Accounts of 
the Participants of the Withdrawing Employer. 
 
(5) Frozen Participant Accounts may be spun-off and transferred by a trustee-to-trustee transfer to 
another plan of the Withdrawing Employer at such time and under such conditions as 
determined by the Employer and in accordance with the Code and its regulations. Investments 
of affected Participant Accounts upon spin-off will be liquidated, and transfer of assets will be 
made in cash. Provided, however, loans will be transferred in-kind to the transferee plan. The 
Employer has the power to effect and implement approval and timing of any spin-off made 
pursuant to this Section. 
 
(6) Except as revised in accordance with this Section, remaining Plan terms and provisions will 
apply with respect to Participant Accounts during the freeze. 
 
 
10.5 Inapplicability of Article IX. Unless otherwise permitted in Article X of the Plan Document, 
Sections 9.01, 9.02, and 9.03 of the Plan are inapplicable to any Participating Employer.  
 
 
10.6 Application of Provisions to Participating Employers. Any reference to Employer includes 
any Participating Employer, where appropriate.  
 
 
Acceptance of Addendum. The Employer acknowledges that it has decided to include the language above 
in the Plan and is instructing NRS to administer the Plan in accordance with this language as of the effective 
date written above. 
 
Employer Name (“Employer”):   
____________________________________________________ 
 
Street Address:   
 
 
____________________________________________________ 
 
City, State, Zip Code:   
 
____________________________________________________ 
 
City of El Mirage
El Mirage, AZ 85335
10000 N. El Mirage Road

Plan Name (“Plan”):  
 
 
____________________________________________________ 
 
Plan Number:   
 
 
____________________________________________________ 
 
Employer Signature:  
 
 
____________________________________________________ 
 
Title:   
 
 
 
____________________________________________________ 
 
Date of Signature:  
 
 
____________________________________________________ 
 
Email Address of Signer:  
 
____________________________________________________ 
City of El Mirage PSPRS 457 Plan
Mayor