§ 5.19.110. Administration of the Plan.

A.

Responsibility for Administration. The Administrative Committee shall be responsible for the administration of the Plan, including but not limited to the preparation and delivery to the Board, Participants, Beneficiaries and governmental agencies of all information, descriptions and reports required by applicable law, except to the extent responsibility for administration of the Plan is expressly assigned to another person under the terms of the Plan or the Trust Agreement. Each other fiduciary shall have such powers, duties and authorities as shall be specified in the Plan or Trust Agreement.

B.

Administrative Committee Procedure.

1.

The chairman of the Administrative Committee shall be the Chief Administrative Officer of the County. The chairman of the Administrative Committee shall select a secretary and may select such other officers as are needed from time to time. The members of the Administrative Committee or their designated representatives may authorize one or more of their number or any Agent or County Employee to carry out action that may be taken by the Administrative Committee.

2.

The Administrative Committee shall hold meetings at least quarterly or more often at the call of the chairman. A majority of the members of the Administrative Committee shall constitute a quorum and all action taken by the Administrative Committee shall be by majority vote at a meeting at which a quorum is present. The Administrative Committee shall maintain written minutes of its meetings.

C.

Authority.

1.

The Administrative Committee shall interpret where necessary the provisions of the Plan and determine the rights and benefits of Participants and other persons under the Plan. The Administrative Committee also may modify any notice period required by the Plan or designate any County officer to serve as the recipient of any form or notice that has to be filed under the Plan. The Administrative Committee, in case of disputes, may make findings of fact with respect to any matter arising in connection with the administration of the Plan. Subject to the provisions of subsection D of this Section 5.19.110, such determinations and findings shall be final and conclusive, to the extent permitted by law, as to all interested persons for all purposes of the Plan. Unless the Trustee is a Discretionary Trustee with the power to appoint Investment Managers and enter into investment arrangements, the Administrative Committee may contract with one or more Investment Managers, or enter into one or more investment arrangements, with respect to the Investment Funds. The Administrative Committee shall instruct the Trustee as to the benefits to be paid hereunder and shall furnish the Trustee with any further information reasonably required by it for the purpose of distributing such benefits and making investments in or withdrawals from one or more of the Investment Funds. Subject to the County's reserved authority to contract with the Trustee and the TPA on behalf of the Plan as provided in subsection 3 below, the Administrative Committee shall also have the authority to contract with one or more private firms for services related to the Plan, consistent with Section 44.7 of the Los Angeles County Charter, Chapter 2.121 of the County Code, State and County contracting policies and Chapter 7 of Title 9 of the California Government Code (Section 87000, et seq.). To the extent provided in the TPA contract, the Administrative Committee or its designee(s) may authorize extensions of time to the term of the contract to be implemented through an amendment executed by the Administrative Committee Chair.

2.

The Administrative Committee may assign additional duties and responsibilities to its members, and, with the exception of those duties expressly reserved to the County under subsection C11 below, may from time to time reassign any of the duties and responsibilities set forth in this Section 5.19.110C as it deems appropriate.

3.

The County, as Plan sponsor, shall be responsible for contracting with the Trustee(s) and the TPA. Any additions or changes to the terms of the TPA contract may be implemented through a contract amendment executed by the CEO (provided that extensions to the term of the contract may, to the extent permitted by the contract, be authorized by the Administrative Committee or its designee(s) and implemented through an amendment executed by the Administrative Committee Chair).

4.

Unless there is a Discretionary Trustee, the County Treasurer is responsible for recommending to the Administrative Committee contracts for the guaranteed investment contracts or bank deposit funds that comprise the fixed income Investment Funds, and for administering all investment contracts.

5.

The CAO shall be responsible for recommendations to the Board on all matters involving the appointment or removal of the Trustee, the County budget, Employee relations and County policy relating to the Plan. The CAO also shall be responsible for the purchase of liability and fiduciary insurance and the administration of the Trust Agreement.

6.

The Director of Personnel for the County shall be responsible for all Participant contact and services associated with the Plan, recommendations to the Administrative Committee concerning Plan operations and for the conduct of certain business operations on the Administrative Committee's behalf, including the review of Plan expenses to determine that they do not exceed approved limits and the administration of the TPA contracts.

7.

The County Counsel shall provide, or contract for, all legal advice or representation required by the Administrative Committee and/or the County and its officers and employees in connection with their administration of the Plan.

8.

The County Auditor-Controller shall be responsible for recommending a Plan auditor, administering auditor contracts, writing the specifications for Plan audits, supervising Plan audits, processing of payroll deferrals and County contributions, maintaining appropriate County accounting records, transferring of funds and account allocation information to the TPA, Trustees or Investment Managers, and periodic reviews of the financial integrity of the Plan.

9.

Each of the above County officers may discharge any duty required by this section through any designated deputy or assistant or contractor.

10.

The Trustee has those duties set forth in the Trust Agreement.

11.

The County expressly reserves to itself the duties set forth in subsection 3, the first sentence of subsection 5 and subsections 7 and 8 of this Section 5.19.110C.

D.

Revocability of Action. Any action taken by the Administrative Committee with respect to the rights or benefits under the Plan of any Participant or Beneficiary shall be revocable by the Administrative Committee as to payments, distributions or deliveries not theretofore made hereunder pursuant to such action. Appropriate adjustments may be made in future payments or distributions to a Participant or Beneficiary to offset any excess payment or underpayment theretofore made hereunder to such Participant or Beneficiary.

E.

Employment of Assistance. The Administrative Committee may employ such expert communication and enrollment, auditing, investment, or other assistance as it deems necessary or advisable for the proper administration of the Plan and Investment Funds.

F.

Uniform Administration of Plan. All action taken by the Administrative Committee under the Plan shall treat all persons similarly situated in a uniform and consistent manner.

G.

Expense Charges to Plan.

1.

With the approval of the Board, expenses incurred as a result of County employees performing the functions defined in this Section 5.19.110 may be charged through the Trustee or reimbursed from Plan earnings and paid to the County. The annual charges shall not exceed the amount approved by the Board of Supervisors in the County budget, and will only include direct, additional County costs.

2.

Expenses incurred as a result of contractors performing the Plan functions described in this Section 5.19.110, third-party administrator and Trustee fees, and the cost of fiduciary and liability insurance, are limited by the contract or contracts approved by the Administrative Committee or the Board, and may be charged through the Trustee or reimbursed from Plan earnings and paid to the County.

H.

The CAO shall develop, adopt and implement policies consistent with applicable guidance issued by the Internal Revenue Service providing for the correction of any operational errors under the Plan. Pursuant to such policies, the CAO may require a County department to make contributions to the Plan to complete an appropriate correction with respect to a Participant employed within that department. The Plan Administrator shall administer the Plan in accordance with any correction policies adopted by the CAO.

(Ord. 2014-0017 § 8, 2014; Ord. 2010-0063 § 3, 2010; Ord. 2004-0001 § 2 (part), 2004.)