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(�.1 -12 . . <br /> � <br /> ���� <br /> FUNDING AND VALUATION � <br /> 3.1 Fnnding <br /> In accordance with section 53216 of the Act, the assets of the Plan shall be held in a i�vst <br /> or invested in an insuraace contract which may or may not be held in a trus�. <br /> 3.2 Valuation <br /> The value of a ParticipanYs Account shall be determined each Valuation Date. <br /> 3.3 Type and Nature of Plan and Trust <br /> Neither the faith and credit nor the taxing power of the Employer, the State of California <br /> or any other political subdivision thereof other than the Employer is pledged to the <br /> distribution of benefits hereunder. Except for contributions and other amounts hereunder, <br /> no other amounts are pledged to the distribution of benefits hereunder. Distributions of � <br /> benefits are neither general nor special obligations of the Employer, but are payable <br /> solely from contributions, as more fully described herein. No Employee or Beneficiary <br /> may compel the exercise of the taxing power by the Employer. Distributions of benefits <br /> are not a debt of the Employer, the State of Califomia or any of its political subdivisions <br /> within the meaning of any constitutional or statutory limitation or restriction. <br /> Distributions are not a legal or equitable pledge, charge, lien or encumbrance, upon any <br /> of the Employer's property, or upon any of its income, receipts or revenues, except <br /> amounts in the accounts which are, under the terms of this Plan and the Act, set aside for <br /> distributions of benefits. Neither the Participants of the legislative body of the Employer <br /> nor its officers, Employees, agents or volunteers are liable hereunder. Benefits under the <br /> Plan may not be assigned or alienated except to the extent allowable under IRC sections <br /> 4U1 (a) (13) and 414 (p). <br /> 3.4 Self-Direction of Investments <br /> Participants shall, subject to a procedwe and options approved by the Plan Administrator, <br /> direct the Trustee to invest all of their Accounts in spe�ific assets, specific funds or other <br /> in��estments permitted under the Plan. <br /> 5 <br /> NB1:538180.2 <br />