§ 5.23.080. Administration of the Plan and Trust Agreement.

A.

Responsibility for Administration. As Administrator, the Administrative Committee shall be responsible for the administration of the Plan, including but not limited to the preparation and delivery to the Board of Supervisors of Los Angeles County, Participants, Beneficiaries and governmental agencies of all information, descriptions and reports required by applicable law. Each other fiduciary shall have such powers, duties and authorities as shall be specified in the Plan or Trust Agreement.

The Administrative Committee shall also be responsible for contracting with any private firm selected by the Committee to provide services related to the Plan.

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 duly appointed agent or County Employee to carry out any 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 may modify any notice period required by the Plan or designate any office 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. In addition, the Administrative Committee shall remedy possible ambiguities, inequities or inconsistencies in the Plan and shall correct deficiencies and supply omissions therein. Subject to the provisions of subsection D of this section, 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. The Administrative Committee shall instruct the Trustee or Contractor as to the benefits to be paid hereunder and shall furnish the Trustee or Contractor 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. 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 and Chapter 2.121 of this Code.

2.

The Chief Administrative Officer shall be responsible for recommendations to the Administrative Committee and/or Board of Supervisors on all matters involving budget, liability and fiduciary insurance, Employee Relations, and County policy relating to the Plan. The Chief Administrative Officer shall also be responsible for all Participant contact and services associated with the Plan.

3.

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.

4.

The Auditor-Controller shall provide or contract for annual audits of the Plan, processing of payroll deductions and County contributions, maintaining appropriate County accounting records, transferring of funds to the Trustee or Investment Managers, and periodic review of the financial integrity of the Plan.

5.

The Treasurer shall be responsible for recommendations to the Administrative Committee on the administration of all contracts with the Trustee, and investment options.

6.

The Administrative Committee may assign additional duties and responsibilities to its members, and may from time to time reassign any of the duties and responsibilities set forth above as it deems appropriate.

7.

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

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, legal, accounting, investment, trustee 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.

The Investment Funds. The Investment Funds shall be held by the Trustee for the exclusive benefit of the Participants and their Beneficiaries, and, unless a different Investment Manager has been appointed, shall be invested by the Trustee upon such terms and in such property as is provided in the Plan and in the Trust Agreement. Except as otherwise provided by the Administrative Committee, the Trustee will, from time to time, make payments, distributions and deliveries from the Investment Funds as provided in the Plan. The Trustee in its relation to the Plan shall be entitled to all of the rights, privileges, immunities and benefits conferred upon it and shall be subject to all of the duties imposed upon it under the Trust Agreement. The Trust Agreement is hereby incorporated in the Plan by reference.

H.

Payment of Benefits. All payments of benefits provided for by the Plan (less any deductions provided for by the Plan) shall be made solely out of the Investment Funds in accordance with instructions given to the Trustee by the Administrative Committee, and the County shall not be otherwise liable for any benefits payable under the Plan.

I.

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 5.23.080 may be charged through the Trustee or reimbursed from Plan assets and paid to the County. The expenses so charged will be allocated to the individual Participants' accounts and shall be reflected on quarterly statements. 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 5.23.080, TPA 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 will be charged through the Trustee or reimbursed from Plan assets and paid to the County. The expenses, fees and costs so charged will be allocated to the individual Participants' accounts and shall be reflected on quarterly statements.

3.

In the event that the Plan accumulates (a) fees in excess of actual administrative expenses, or (b) unallocated earnings from Plan operations, the Administrative Committee shall allocate excess fees and earnings first by establishing a reserve for contingencies and payment of planned obligations not to exceed one-half of the total annual County fees charged to Participants, and then by allocating any remainder by reducing TPA fees charged to Participants by a method determined by the Administrative Committee. Effective May 29, 2008, any amounts remaining in these contingency and expense reserves shall be allocated per capita to the Accounts of the Participants who are Employees of the County on that date; provided, however, that such allocations shall be treated as Annual Additions and shall not cause the limitations of Section 5.23.050F.2. to be exceeded for any such Participant. To the extent any amounts remain unallocated due to the limits imposed under Section 5.23.050F.2., such unallocated amounts shall continue to be held in a contingency and expense reserve, which reserve shall be transferred to the corresponding reserve under the County of Los Angeles Savings Plan upon the merger of this Plan into the Savings Plan.

J.

Compliance With Laws. The Administrative Committee shall have the duty to make changes in the administration of this Plan which are necessary to comply with federal or State of California laws.

(Ord. 2008-0022 § 2, 2008; Ord. 2001-0097 § 2 (part), 2001.)