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AgdaPkt 2002-12-09
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AgdaPkt 2002-12-09
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Last modified
7/2/2012 12:25:36 PM
Creation date
12/5/2002 3:47:58 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
12/9/2002
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. A- � . <br /> other process, or be seized, taken, appropriated or applied by any legal or <br /> equitable process, to pay any debt or liability of the Participant or any other party. <br /> Agency Trust Assets shall not be subject to the claims of the Member Agency or <br /> the claims of its creditors. � <br /> 8.2 Saving Clause <br /> In the event any provision of this PARS Trust Agreement and each Agency Trust <br /> is held illegal or invalid for any reason, said illegality or invalidity shall not affect <br /> the remaining parts of the PARS Trust and/or Agency Trust, but this instrument <br /> shall be construed and enforced as if said provision had never been included. <br /> 8.3 Applicable Law <br /> This PARS Trust Agreement and each Agency Trust shall be construed, <br /> administered and govemed under the Code and the applicable provisions of <br /> California law. To the extent any of the provisions of this Trust Agreement or the <br /> Plan are inconsistent with the Code or applicable Califomia law, the provisions of <br /> the Code or Califomia law shall control. In the event, however, that any provision <br /> is susceptible to more than one interpretation, such interpretation shall be given <br /> thereto as is consistent with th� Trust Agreement and the Plan being a qual�ed <br /> governmental retirement trust and plan within the meaning of the Code. <br /> 8.4 Joinder of Parties <br /> In any action or other judicial proceedings affecting this Trust Agreement, it shall <br /> be necessary to join as parties only the Trustee, the Plan Administrator or <br /> Delegatee. No participant or other persons having an interest in any Agency <br /> Trust shall be entitled to any notice or service of process unless otherwise <br /> required by law. Any judgment entered in such a proceeding or action shall be <br /> binding on all persons claiming under this Trust Agreement, provided, however, <br /> that nothing in this Trust Agreement shall bc �onstr_ ,� as to �efi ? a participant <br /> of such participant's right to seek adjudication of s��f� parti�ipa: .� s rights under <br /> applicable law. <br /> 8.5 Employment of Counsel <br /> The Trustee may consult with legal counsel (who may be counsel for the Trustee <br /> or Member Agency Plan Administrator) and charge the Agency Trust. <br /> 8.6 Gender and Number <br /> Words used in the masculine, feminine or neuter gender shall each be deemed <br /> to refer to the other whenever the context so requires; and words used in the <br /> singular or plural number shall each be deemed to refer to the other whenever <br /> the context so requires. <br /> 31 <br /> 2567_12 PEL <br />
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