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Agmt25 Voya
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Agmt25 Voya
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Last modified
8/29/2025 11:06:53 AM
Creation date
8/29/2025 11:06:50 AM
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Agreement
PROJECT NAME
Loan Custodial Agreement
RMP File Number
304.5
Date
8/14/2025
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IRC SECTION 457 CUSTODIAL ACCOUNT AGREEMENT <br />THIS CUSTODIAL ACCOUNT AGREEMENT (the “Agreement”), effective as of the 14 day <br />of ___August_____, 2025 between City of Redwood City (the "Employer") in its capacity employer and as the party <br />authorized and responsible under state or local law for maintaining the City of Redwood City, State of California, <br />Deferred Compensation Plan (the "Plan") and Voya Institutional Trust Company (the "Custodian"). <br />WITNESSETH: <br />WHEREAS, the Employer has adopted and maintains the Plan in accordance with the requirements of <br />Section 457(b) of the Internal Revenue Code of 1986, as amended ("Code"), for the benefit of the employees therein <br />described; and <br />WHEREAS, Section 457(g)(3) of the Code provides that custodial accounts described in Section 401(f) of <br />the Code shall be treated as trusts pursuant to that section; and <br />WHEREAS, the Employer has established or desires to establish a custodial account in accordance with <br />Section 457(g) and Section 401(f) of the Code constituting a part of the Plan, pursuant to which assets are held to <br />provide for the funding of and payment of benefits under the Plan; and <br />WHEREAS, the Employer has the power and authority to manage and control the assets of the Plan; and <br />WHEREAS, the Employer has engaged an affiliate of the Custodian to provide recordkeeping services to <br />the Plan (“Recordkeeping Affiliate”); and <br />WHEREAS, the Employer wishes to appoint the Custodian as custodian of the Plan in accordance with the <br />terms and conditions of this Agreement. <br />NOW, THEREFORE, the Employer on behalf of the Plan and the Custodian, each intending to be legally <br />bound, agree as follows: <br />SECTION 1 - ESTABLISHMENT AND OPERATION OF CUSTODY ACCOUNT <br />1.1 Appointment and Acceptance of Custodian/Affiliates. The Employer hereby establishes with the <br />Custodian a custodial account consisting of such sums of money and such other property acceptable to the Custodian <br />as shall from time to time be paid or delivered to the Custodian, and hereby appoints the Custodian as custodian with <br />respect to the assets held pursuant to this Agreement as such assets shall exist from time to time (the “Account”). <br />The Account shall not include any property or asset other than the assets delivered to and accepted by the Custodian <br />from time to time. For purposes of this agreement, plan assets invested through the Program in a self-directed <br />brokerage account shall also be considered to be part of the Account. The Custodian shall have no responsibility for <br />any property until it is received and accepted by the Custodian, or for any property of the Plan not delivered to the <br />Custodian and accepted by the Custodian to be a part of the Account. The Custodian hereby accepts its appointment, <br />acknowledges that it assumes the duties established by this Agreement, and agrees to be bound by the terms contained <br />herein. The Employer hereby acknowledges that an affiliate of the Custodian, the Recordkeeping Affiliate, acts on <br />behalf of the Custodian as the Custodian’s agent for purposes of carrying out the Custodian’s responsibilities under <br />this Agreement. <br />1.2 Custodian Responsibilities. The Custodian shall receive and hold the assets on behalf of Plan <br />participants and beneficiaries in accordance with the terms of this Agreement. The duties of the Custodian hereunder <br />as custodian shall be to act solely in accordance with the instructions of the Employer or Authorized Parties in <br />accordance with Sections 2.2 and 2.3 of this Agreement ("Authorized Instructions"). Nothing in this Agreement is <br />intended to give the Custodian any discretionary responsibility, authority or control with respect to the management <br />or administration of the Plan or the management of the assets of the Plan. Further, the Custodian is not a party to the <br />Plan and has no duties or responsibilities other than those that may be expressly contained in this <br />Irc 457(b) Custodial Account Agreement__9-8-2016 <br />REV: 07-30-25 MI <br />ATTY/AGR.2025.195/Voya (Voya Loan Custody Agreement) (Page 1 of 7)
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