PERALTA COMMUNITY COLLEGE DISTRICT Oakland, California Enrollment Procedures and Additional Information FOR COMPLETING TSA/403(b) AND DCP/457(b) DOCUMENTS The Peralta Community College District (“Employer”) has established and makes available Tax Sheltered Annuity (“TSA”) and Deferred Compensation (“DCP”) voluntary retirement plans (“Plans”) for the benefit of its employees. It is intended that the Plans comply with the requirements of and qualify under Section 403(b) and 457(b) of the Internal Revenue Code (“IRC”) of 1986, as amended, and Section 17501 of the California Revenue and Taxation Code. It is not the purpose of the Employer by providing these Plans to recommend its use by any individual employee. The fact that a particular contract or custodial account may be available under the Employer’s Plans does not constitute an endorsement, recommendation, or approval of any kind, and the Employer does not warrant any particular tax consequence to the employees who elect to participate. GENERAL INFORMATION: 1. Eligibility: Each employee of the Employer is given an opportunity to participate in the Employer’s TSA/403(b) Plan, and eligible employees/individuals as stated in the Plan Document of the Employer’s DCP/457(b) Plan (“the Plans”), by entering into an amendment of employment contract through the use of a Salary Reduction Agreement (“SRA”). 2. Plan Administration: Envoy Plan Services, Inc., the Third Party Administrator for the Plans (“Administrator”), is designated to perform all of the administrative services of the Employer’s Plans. The Administrator provides all operational functions relating to all aspects of the Plans for the Employer and for the employees participating in the Plans. Employees and participants should contact the Administrator directly for processing SRAs, all DCP/457(b) distribution requests, and to obtain answers to questions relating to all matters with regard to the Plans. ENROLLMENT PROCEDURES: To establish salary reductions to either the TSA/403(b) Plan and/or the DCP/457(b) Plan, or to make a change to an existing Salary Reduction Agreement as a current participant, employees must follow the process outlined below and submit the properly completed documents directly to the Administrator. Do not submit documents, including SRAs to the Employer. 1. Cut-off Date for Salary Reduction Agreements: Due to IRS regulations, the Administrator must receive your thoroughly completed Salary Reduction Agreement, affecting both TSA/403(b) and DCP/457(b) salary reductions, no later than the last business day of the month. Properly completed SRAs timely received will be processed by the Administrator to affect future pay periods as explained below. Your salary will not be affected in the month the SRA is received. The SRA will affect your compensation for the next payroll period for Certificated and Classified employees. 2. CalSTRS Registry: Effective November 29, 2004, all 403(b) Company/Providers chosen MUST be a District approved provider registered on the CalSTRS Registry. The current list of approved companies/providers can be viewed on the Administrator’s website at EnvoyPlanServices.com or on the CalSTRS Registry at 403bCompare.com. 3. Submission of Salary Reductions Agreements: SRAs should only be submitted after choosing the provider(s) you wish to use, and AFTER establishing a TSA/403(b) and/or DCP/457(b) account with the provider(s). A Salary Reduction Agreement and a list of the TSA/403(b) and DCP/457(b) providers, may be obtained by directly contacting the Administrator and via the Internet at EnvoyPlanServices.com . 4. Catch-up Contributions: If your SRA is requesting that your salary be reduced by an amount in excess of the basic Maximum Allowable Contribution (“MAC”) limit, and the Age 50+ Catch-up limit (if applicable) for the affected tax year, you may be required to submit a completed Participant Information Form (“PIF”) directly to the Administrator to have a personal MAC limit established. Your personal MAC may increase your MAC limit due to other catch-up options that you may qualify for under IRC Sections 402(g) and 457(b). A PIF may be obtained by directly contacting the Administrator, and via the Internet at EnvoyPlanServices.com. 5. Terminate (Stop) Your Salary Reductions: To discontinue your TSA/403(b) and/or DCP/457(b) salary reductions, submit a new Salary Reduction Agreement and complete the following: 1) Check the “Termination” box; and 2) Complete the TSA/403(b) and/or DCP/457(b) sections by writing in the name of the provider, and indicate $0 for the amount, and provide the Effective Date. Incomplete SRA forms cannot be processed, so please be sure that the SRA is properly completed and submitted directly to the Administrator by the last business day of the month, to affect future income AND prior to termination of your TSA/403(b) and/or DCP/457(b) account with your existing provider. COMPLETING THE SALARY REDUCTION AGREEMENT & PARTICIPANT INFORMATION FORM Salary Reduction Agreements may be submitted to the Administrator using any of the following methods: Personally deliver to Administrator’s office at the address on Page 3. U.S. mail Overnight delivery service Participant Information Forms may be faxed to the Administrator, if properly completed, signed and dated; or may be delivered in any manner listed above. Your salary reductions for all Plans will not be affected until all necessary forms are received properly completed and approved by the Administrator. SRAs received after the deadline will take effect the next qualifying pay period. Incomplete, inaccurate, or non-legible forms will be returned. Your SRA is irrevocable as to salary paid and reduced while the SRA is in effect. Note: If you own a business and have a separate retirement plan, or if you participate in another employer’s retirement plan (such as a TSA/403(b), DCP/457(b), SEP, SIMPLE IRA/401(k), or 401(k) Plan), your contributions to that plan must be taken into consideration when calculating your MAC limit to this Employer’s Plans. (Please refer to the Definitions section item #5, “Ownership of a Business or Working for Another Employer” for details.) It is your responsibility to determine if you are affected by this rule, and if so, to notify the Administrator. You are strongly encouraged to review and understand the Definitions to the Plans, which are provided to help you understand your responsibilities. WHEN ADDITIONAL PARTICIPANT INFORMATION MAY BE REQUIRED At any time, if required by the Administrator or Employer to substantiate employee contributions; or in the event of an IRS audit of the Employer’s Plans. If non-salary reduction contributions are being made by the Employer on behalf of the employee. USE OF FINANCIAL ADVISOR/AGENT/PROVIDER ASSISTANCE You may use the assistance of financial advisors, agents/brokers, or providers who may utilize their own custom forms or computer programs to develop the data you will need to complete the SRA and/or the Participant Information Form (“PIF”). It is your responsibility to provide accurate information in the process of completing all forms. Submit to the Administrator only the forms, worksheets, SRA, and PIF that have been approved for use by the Employer and Administrator. THE ADMINISTRATOR AND EMPLOYER DO NOT PROVIDE TAX OR INVESTMENT ADVICE TO ANY EMPLOYEE – NOR REVIEW FOR ACCURACY THE INFORMATION PROVIDED BY YOU, YOUR FINANCIAL REPRESENTATIVE, AGENT/ BROKER, OR PROVIDER Below is the contact information for the Administrator. Please contact the administrator for all matters relating to the TSA/403(B) and DCP/457(B) plans. Salary Reduction Agreement Processing 1. Complete all SRAs in BLACK INK ONLY. 2. All completed Salary Reduction Agreements are to be submitted directly to the Administrator for processing. Contact the Administrator below for ALL questions and inquiries relating to the Plans; including questions related to your paycheck affected by your TSA/403(b) and DCP/457(b) salary reductions and the processing of your Salary Reduction Agreement Envoy Plan Services, Inc. 901 Calle Amanecer Suite 200 San Clemente, CA 92673 Local Ph 949-366-5070 Toll free: 800-248-8858 Fax: 877-513-2272 www.EnvoyPlanServices.com Important Note: Your Employer cannot process your Salary Reduction Agreement; if you or your financial advisor/agent inadvertently submit your SRA to your Employer to initiate a new SRA, make changes, or to terminate your existing SRA, or else the processing of your SRA will be delayed. To obtain faster service, please contact the Administrator directly. Please do not contact your Employer for questions relating to the Plans. . PERALTA COMMUNITY COLLEGE DISTRICT Oakland, California Table of Salary Reduction Contribution Limits Basic Limits and simultaneously Additional Information You may make salary reduction contributions to the TSA/403(b) Plan and to the DCP/457(b) Plan of the Employer, equal to 100% of your includible compensation, not to exceed the basic Maximum Allowable Contribution (“MAC”) limits identified in the table FOR COMPLETING TSA/403(b) AND DCP/457(b) DOCUMENTS below: For tax years beginning in: The applicable dollar limit is: 2002 2003 2004 2005 2006 $11,000 $12,000 $13,000 $14,000 $15,000 Catch-up Contributions (Indexed in $500 increments thereafter) If you wish to make salary reduction contributions in excess of the basic MAC limits as stated above, you may qualify to elect the use of the “Catch-up Options” made available by the Internal Revenue Code as described below. IRC 402(g)(7) Increased Elective Deferral Limit (15 Years of Service) – TSA/403(b) Plan Only Employees who have 15 or more years of service with your current Employer by the end of the calendar year for which voluntary salary reduction contributions are being made, may be eligible to increase their contributions by as much as $3,000 each year. The requirements are: Only employees whose total contributions averaged less than $5,000 for each year of service during their 15 or more total years of service to a TSA/403(b) Plan or a DCP/457(b) Plan (or any other elective deferral plan sponsored by the Employer) are eligible to use the limit. For example: If the affected employee has 15 years of service completed and contributed $75,000 or more to the TSA/403(b) and DCP/457(b) Plans combined during the 15 years of service, this catch-up option cannot be used. A $15,000 lifetime maximum limit can be utilized under this increased limit, not to exceed $3,000 per tax year. For example: An employee contributing an extra $3,000 per year in excess of the basic MAC limit* could only contribute those extra amounts for five years, compared to an employee contributing $1,000 per year in excess of the basic limit who could contribute the $1,000 extra amounts for 15 years. The extra contributions made under this option do count against the Section 415(c) limit. IRC 414(v) Age 50+ Catch-up For employees that are age 50+ by the end of the calendar year, the additional amounts identified below can be contributed to the TSA/403(b) and DCP/457(b)* Plans. The increased Age 50+ Catch-up Option is permitted based strictly on attained age by the end of the calendar year. There are no other requirements or restrictions. The extra salary reduction contributions made under this option do not count against any other limit. *May contribute only the greater of the Age 50+ Catch-up Option, or if eligible, the Final 3-Year Catch-up Option. For tax years beginning in: The applicable dollar limit is: 2002 $ 1,000 2003 $ 2,000 2004 $ 3,000 2005 $ 4,000 2006 $ 5,000 (Indexed in $500 increments thereafter) *The basic limits were: $9,500 from 1987 through 1997, $10,000 in 1998 and 1999, and $10,500 in 2000 and 2001. PERALTA COMMUNITY COLLEGE DISTRICT SRA – SALARY REDUCTION AGREEMENT TSA/403(b) Plan and/or DCP/457(b) Plan This Agreement must be signed by the Employee and received by the Plan Administrator. If you participate in multiple TSA/403(b) and/or DCP/457(b) accounts, all salary reductions must be on one SRA form. This Agreement is not effective until approved. This Agreement is irrevocable by the Employee as to any salary or amounts paid, but may be terminated or changed as to salary not yet paid. Compensation t o be paid to this Employee shall be reduced by the sum indicated below per pay period starting with the compensation to be paid on the date requested below, or the first available payroll period after all requirements are satisfied. Please note that any SRA initiating contributions to be directed to a non-register ed 403(b) provider must be rejected in conformance with California Education Code 25100 et. seq. THIS AGREEMENT SUPERSEDES AND REPLACES ALL PRIOR TSA/403(b) and DCP/457(b) SALARY REDUCTION AGREEMENTS - INCLUDING THE AMOUNT(S), PROVIDER(S), and EFFECTIVE DATE(S). BLACK INK ONLY Employee Name: _______________________________________ Social Security Date of Number: ___________________________ Birth: _________________ Phone (Day) ____________________(Home)_________________E-mail: ______________________________________________ Mailing Address: ____________________________________________________________________________________________ Employee: Salary Reductions - - -month TSA/403(b) PLAN Check Box: Initiate a New 403(b) Salary Reduction Agreement (Check only if not currently participating) Change the Amount of my currently existing 403(b) Salary Reduction Agreement Change my Company/Provider Terminate my 403(b) Salary Reduction Agreement (Indicate below the Effective Date & Company/Provider Name) NO Change to my currently existing 403(b) Salary Reduction Agreement Monthly Amount $ __________________ Effective with payroll date (mm/dd/yyyy): ____________________, 20___ The Employer in accordance with the Employer’s 403(b) Plan shall transmit the above in the following manner: Company/Provider Name FOR INTERNAL USE ONLY CalSTRS Registry ID # $_____________ To: _______________________________ _________________ $_____________ To: _______________________________ __________________ $_____________ To: _______________________________ __________________ FOR INTERNAL USE ONLY Deduction Code: ______________ Deduction Code: ______________ Deduction Code: ______________ DCP/457(b) PLAN Check Box: Initiate a New 457(b) Salary Reduction Agreement (Check only if not currently participating) Change the Amount of my currently existing 457(b) Salary Reduction Agreement Change my Company/Provider Terminate my 457(b) Salary Reduction Agreement (Indicate below the Effective Date & Company/Provider Name) NO Change to my currently existing 457(b) Salary Reduction Agreement Monthly Amount $ ___________________ Effective with payroll date (mm/dd/yyyy): __________________, 20_____ The Employer in accordance with the Employer’s 457(b) Plan shall transmit the above in the following manner: FOR INTERNAL USE ONLY Company/Provider Name: $__________________ To: Deduction Code: ______________ RSG Securities EMPLOYEE ACKNOWLEDGES that Employee has read, understands, and agrees to the terms and conditions set forth on the reverse side of this form. Employee further understands that a termination of salary reduction contributions to a provider that has not complied INITIALS with or maintained registration in conformance with California law relating to those registration requirements will mean that Employee may not resume contributions later to that non-conforming provider _________ IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties hereto and the Employee has read and understands the terms and conditions listed on the reverse side of this form. _______________________________________________ _________________________________________ Employee Signature Date _________________________________________ Print Name of Agent/Broker PROCESSING INSTRUCTIONS ON REVERSE ADVISOR / AGENT INFORMATION (_____)_____________________ _______________________________________________ Telephone E-mail address 403/457 SRA Rev. 03/30/05 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 Salary Reduction Agreement may be in effect at any time, listing all DCP/457(b) and/or TSA/403(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) and/or TSA/403(b) Plan. The fact that a particular investment option may be available under the Employer’s DCP/457(b) and /or TSA/403(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. 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 or TSA/403(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). Amounts contributed to the 403(b) Plan and earnings thereon shall be held in IRC 403(b)(1) Annuity Contracts, or IRC 403(b)(7) custodial accounts. c. 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. Employee acknowledges that TSA/403(b) investment choices are limited only to those that are vendors properly registered with the California State Teachers’ Retirement System, in accordance with California law. Employee further understands that comparative data regarding the available products is available to employee on web site www.403bcompare.com. d. 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. e. 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 authorizes Employer or designee to then resume the previous SRCA effective with the first payroll period of the following tax year; and Employee further acknowledges that Administrator and/or Employer may require corrective distributions if Employee’s MAC limits are exceeded. f. 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) and/or 403(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. g. 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. Employee agrees that all computations in connection with the determination of the amount of the salary reduction hereby authorized shall be made based on the accuracy of information provided by Employee. Employee agrees to provide signed certification of the correctness of the information and/or computations as the Employer and/or Administrator may require; Employee agrees to provide accurate information on which to base those computations. In no event will the Accommodating Parties, its officers, or employees be responsible for the computations. 7. 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) and/or TSA/403(b) Plans, 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. Mail or deliver SRA to: Envoy Plan Services, Inc. 901 Calle Amanecer Suite 200 San Clemente CA 92673 MUST ALLOW 3 DAYS FOR U.S. MAIL ● FAXED SRAs CANNOT BE PROCESSED Processing questions contact Envoy Plan Services, Inc. at: 949-366-5070 800-248-8858 Fax: 877-513-2272 www.envoyplanservices.com 457/403 SRA