Attachment D - Appendix to Agreement.pdf

FHF22Q0076

Attachment D

Appendix To the XXX Retirement Plan Service Administrative Services Agreement

This Appendix is to be read as part and parcel of the XXX Retirement Plan Services Administrative Services Agreement, effective as of [date] (the “Agreement”). The provisions of this Appendix A shall supersede any conflicting provisions of the Agreement.

The Plan is a governmental plan within the meaning of Code section 414(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and is therefore exempt from Title I and Title IV of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) pursuant to sections 4(b)(1) and 4021(b)(2) of ERISA. As such, any and all references to ERISA in the Agreement or any other Plan-related document are not, and will not be construed to be, applicable to the Plan or adopted as part of the Plan or any interpretation, procedure, process, or similar document or activity related to the Plan. Any representations regarding ERISA compliance shall be null and void and deemed stricken from the relevant document(s).

Notwithstanding the paragraph above, the Employer expects Contractor to provide, when necessary, the following:

• Summary Plan Description;

• Summary of Material Modifications;

• Qualified Default Investment Alternative (“QDIA”) Notice;

• ERISA section 408(b)(2) Notice;

• ERISA section 404(a)(5) Notice; and

• Information and/or documentation to participants as required under ERISA section

404(c) and its regulations.

In addition, as a governmental plan, the following provisions of the Code are not applicable to the Plan: ADP testing, ACP testing, minimum coverage testing under Code section 410(b), minimum vesting requirements under Code section 411(e)(1)(A), minimum funding requirements under Code section 412, top heavy rules, anti-alienation rules, benefit commencement rules, rules governing qualified domestic relations orders (“QDROs”), rules concerning the definition of highly compensated employees, and spousal consent rules. As such, any and all references to these Code provisions in the Agreement or any other Plan-related document are not applicable to the Plan and will not be construed to be applicable to the Plan.

Notwithstanding the paragraph above, the Employer expects Contractor to comply with the following Code provisions:

• Code section 401(a)(13), Anti-alienation rules

• Code section 414(p), Qualified Domestic Relations Order rules

• Code section 417(a)(2), Spousal Consent rules

FHF22Q0076

Attachment D

To the extent that the Employer adopts Plan policies or practices (including, but not limited to Plan claims procedures, Plan notices or Plan-related communications) that are similar to the provisions of ERISA or Code provisions that do not apply to a Code section 414(d) governmental plan, such policies or practices will not subject the Plan to ERISA or such otherwise inapplicable Code provisions.

IN WITNESS WHEREOF, each of the parties has caused this Appendix A to the Agreement to be executed by its duly authorized officers.

EMPLOYER

By:

Name: Federal Housing Finance Agency

Title:

Date:

CONTRACTOR

By:

Name:

Title:

Date: