Zuksolutions_SRA_457_DualFees_165 Revised 01.01.2019
It is Hereby Agreed by the Employer and the Employee that the certain valid existing employment contract (written or otherwise) made and entered into by and
between the Employer and Employee be amended by salary reduction in the manner described above, and this Salary Reduction Agreement be incorporated therein by
reference and made a part thereof as if set out therein in full, as of the date of this Salary Reduction Agreement (“agreement”).
This Agreement supersedes and replaces all previous Agreement(s) naming the providers designated above. Employee agrees that no more than one 457 (b)
Salary Reduction Agreement may be in effect at any time, listing all DCP/457(b) accounts to which payments are made by the Employer, and that this Agreement can only
be effective with respect to compensation not yet received by or made available to the Employee.
1. Employee releases any rights, present and future, to receive payment from the Employer of sums resulting from such Agreement in any form except (a) the
right of the Employee’s estate to receipt of sums so paid at death, or (b) the right to the Employee upon termination of employment by reason other than
death, to personally receive all or any part of the amount specified for which service has been rendered but which has not been transmitted to the designated
provider(s).
2. This Agreement shall automatically apply to the employment contract entered into between the Employer and Employee for each succeeding calendar year
unless amended or terminated by a thirty (30) day written notice to the Administrator of the Plans.
3. Employee acknowledges that:
a. For purposes of this Agreement, the “Accommodating Parties” are the Employer, its governing board, the County Superintendent of Schools, and
officers and employees respectively. The Accommodating Parties do not recommend to any individual employee participation in the DCP/457(b)
Plan. The fact that a particular investment option may be available under the Employer’s DCP/457(b) Plan does not constitute an endorsement,
recommendation, or approval of any kind by any of the Accommodating Parties, and they do not warrant any particular tax consequence to the
employees who elect to participate.
b. Employer agrees to contribute any amounts on Employee’s behalf into the 457(b) investment option(s) selected by Employee with the proper
identification of pre-tax contributions to aid in proper allocation to segregated accounts by the Service Provider(s). It is intended that the requirements
of all applicable state and federal tax rules and regulations (Applicable Law) will be met.
c. Any amounts held under the DCP/457(b) Plan shall be subject to the terms of the Plan Document, and amounts held in either the 457(b) Plan for
Employee shall be subject to federal and state statutes, and to any terms, conditions and restrictions imposed by any investment option in which
Employee’s deferrals are invested. Any amounts contributed to the 457(b) Plan, and the earnings thereon, shall be held in Trust as defined in Section
401(f) of the Code for the exclusive benefit of Employee and Employee’s beneficiary or in an annuity contract or custodial account as defined in IRC
401(f).
d. Employee has elected to participate, and has determined the amounts of salary reduction and the investment options into which such amounts shall be
invested, and has not relied in any manner on the Accommodating Parties.
e. In selecting among the available investment options, Employee understands that equity-based options may result in loss of all or a portion of the
contributions, and other types of accounts may include surrender or withdrawal charges for a specific period of time.
f. The Salary Reduction Contribution Amounts (“SRCA”) selected by Employee do not exceed the maximum allowable contribution (“MAC”) limits
that may be excluded from gross income under the applicable provisions of the Tax Code regardless of the number of accounts to which contributions
are being made; and Employee further agrees that Employer or designee may amend the SRCA and/or suspend any portion thereof, so as to not permit
the Employee to exceed his/her MAC limits, and Employee further acknowledges that Administrator and/or Employer may require corrective
distributions if Employee’s MAC limits are exceeded.
g. Employee acknowledges that the Administrator and/or Employer may terminate this Agreement at any time in the event the employee, or the provider
of the investment options under the Plans, fails to comply with the 457(b) Plan federal and state regulations and/or the procedures and/or rules
established by the Administrator and/or Employer. This will include violation of any other applicable Agreements with the Employer.
h. Employee certifies that he or she has received a prospectus (in the case of an equity investment option) or similar disclosure document, including, if
applicable, a copy of the annuity contract and understands any applicable sales and/or management fees or other charges.
4. Employee agrees that the Accommodating Parties shall have no liability whatsoever for any loss suffered by the Employee with regard to the selection of a
provider and its investment options; or the solvency, operation of, or benefits provided by said provider; nor liability for any loss suffered by Employee by
reason of the transmittal of any funds pursuant to this or any other Agreement.
5. Employee acknowledges that there are rules set forth in IRC Sections 457(b), 402(g), 415 (c), and 414(v) of the Code that limit the maximum amount of
salary reduction that can be made in any calendar year; that Employee, Employer, and/or Administrator may require knowledge of the Employee’s current
and past participation in salary reduction programs of the Employer and/or any other employer to determine the MAC limits.
6. The Employee agrees to hold harmless and indemnify the Accommodating Parties from any and all damages that may result from Employee’s participation
in the Employer’s DCP/457(b) Plan, and further agrees to hold harmless and indemnify the Accommodating Parties and the Administrator from any and all
damages that may result including any incorrect calculation of Employee’s MAC limits due to incorrect information provided by Employee.
Indemnification from damages shall include any tax, interest, penalties or assessments or related costs that may be incurred by or imposed upon the
Accommodating Parties and/or Administrator. The Employee agrees and authorizes the Employer to recover indemnification through payroll deduction or,
at the option of the Employer, through any other legal process.
PROCESSING INSTRUCTIONS
The Administrator must receive this Agreement no later than the LAST BUSINESS DAY OF THE MONTH TO BE
PROCESSED FOR THE LAST DAY OF THE FOLLOWING MONTH
Deliver the completed SRA by: US Mail or Fax to: 1-866-908-7582
TSA Consulting Group, Inc. Attn: SRA Processing P.O. Box 4037 • Fort Walton Beach, FL 32549
Processing questions contact TSA Consulting Group, Inc. at:
(888) 796-3786, Option 5 Fax: (866) 908-7582 www.tsacg.com
