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Great Western Savings and Loan Association (1980) , DEFERRED COMPENSATION PROGRAM fah j- 1980 CUSTODIAL AGREEMENT 3-ax Savings Cal* The ("Agency") pursuant to Resolution No . ''ri - 71 of its Governing Body has established an Employees' Deferred Compensation Plan ("Plan") , a copy of which is enclosed . The Plan is in effect for those employees ("Participants") who execute a Participation Agreement in accordance with the Plan and file it with the Agency' s Treasurer. Great Western Savings and Loan Association ("Great Western") is a California corporation operating as a savings and loan associa- tion according to Federal and California law and regulation. This Agreement sets forth the manner by which the Agency will invest Plan funds with Great Western, and Great Western, will accept such funds for investment and will account for such funds on a regular basis. The parties agree as follows : 1 . Great Western agrees to accept for investment funds deposited by the Agency in accordance with the Plan, and to establish and admin- ister dmin- ister the accounts in accordance with the provisions of this Agreement. 2. The Agency shall have the same rights and obligations as any other savings account holder having the same type of savings account with Great Western. 3. On a regular basis, the Agency will prepare one check repre- senting the total amount of deferments for the period applicable for participants, and a list containing each participant' s name, social security number and the amount to be credited in each participant' s account. These items will be sent promptly to Great Western. Upon receipt, Great Western will make the appropriate credits to the applic- able accounts. Any earnings shall be automatically credited to each account in accordance with Great Western' s prevailing practice. 4. The accounts established under this agreement shall be titled : TheCit of Rancho Palos Verdes Deferred Compensation Plan. The title and owners ip o a suc accounts shall be vested in the Agency. The Agency shall have the sole custody of all passbooks or other evidence of account ownership and no additions or withdrawal of funds shall be made in or from such accounts except by the Agency. 5. The term of this Agreement shall commence on j':.alAt l� and shall continue for two (2) years. This Agreement shall be renewed ( ) for successive two-year terms if not cancelled by either party, by written notice to the other party, at least six (6) months prior to the end of any term. Notwithstanding the above , this Agreement may be terminated at any time by either party upon six (6) months prior notice. J ' r � 111 • • 6. The type of account to be established under this Agreement shall be a 30-day Certificate of Deposit. The rate of interest paid on Deferred Compensation Funds shall be determined as follows : • Plans whose funds on deposit are less than $1 ,000 will receive the regular passbook rate of 5. 50% compounded daily and payable quarterly for an annual effective yield of 5.65% • Plans whose funds on deposit are at least $1 ,000 but less than $100,000 will receive 8.00% compounded daily and payable quarterly for an annual effective yield of 8.47%. • Plans whose funds on deposit are $100,000 or greater will receive a rate established quarterly and indexed to the 26 week U.S. Government Treasury Bill rate less 1/2%. This rate ' will be determined by the auction held in the last week of the preceding quarter. The rate will be effective as of the first day of each calendar quarter. This rate will be guaranteed each quarter and will be paid simple interest quarterly with interest credited reinvested in the plan to allow quarterly com- pounding . In addition these plans will have a floor rate of 8.47% simple interest. The floor rate will be guaranteed for 10 years from the date the Plan is established. 7. As desired by the Agency Great Western will provide the following : • Social Security/Account Number Cross Reference Listing : This report will be generated monthly for Plans having multiple accounts. • Monthly Deposit Transaction Register : This report is available only to deferred compensation Plans utilizing magnetic tape deposits or deposits keyed by Great Western' s Systems and Data Processing Department. This report is generated each time a deposit is received . • Participant Listing: An alphabetical listing of participants with their social security number and account number . This report is gener- ated on the last day of the month and is available to all deferred compensation plans. This report will be generated only for plans having multiple accounts. • Transaction Register: On a quarterly basis, Great Western will provide a Trans- action Register listing all deposits, withdrawals, and interest earnings on the account. Great Western pays interest on a quarterly basis only. r . • , ,. • ill III .4 . , . . . 8 . Great Western will withdraw funds from the applicable account(s) solely as instructed in writing by the Agency. 9. In the event the Agency shall make any written presentation to its employees describing the Plan and setting forth the manner of investment or conduct any educational meetings or programs for the same purpose, Great Western shall have the right to participate in such presentations provided Great Western shall bear the costs incurred by Great Western' s participation. 10. Great Western shall not have privity of contract with the participants of the Plan. Great Western shall not be required to accept any instructions that may be submitted by any participant or to provide any information regarding the account or any transactions of any kind except upon written instruction of the Agency or as required by law. 11. Any written notice or statement to be given under this Agree— ment must be sent by certified or registered mail , postage prepaid , addressed as follows, or to such other address as either party may designate for itself. If to Agency: Crs b V= Kik"te irk o%4‘...S V t`=.ovz S Attention: Goa .c wuLN, e .ttsJ If to Great Western: GRET WESTERN SAVINGS AND LOAN ASSOCIATION a 4°' )44 —;-- C; ! to tion: anch Manager With a copy to : GREAT WESTERN SAVINGS AND LOAN ASSOCIATION 8484 Wilshire Boulevard Beverly Hills, California 90211 Attention: Tax Savings Center . By. Au ori zed Officer Approved as to form: V C—b--,3 0.-- -‘4( L- • al *o1=1 DOUGLAS W. GUE R HANDS, WAT ON, DREYFUS GERS HON, A PROFESSIONAL CORPORATION GREAT WE ER VINGS AND LOAN ASSOCIATION 406Y 44r ` yt---- . , Vice President