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?lease sign and retain <br />:or your plan records <br />CITY OF PLEASANTON <br />ACCUMULATION PROGRAM <br />FOR PART-TIME AND LIMITED SERVICE EMPLOYEES <br />("APPLE PLAN") <br />AMENDMENT # 2 <br />Pursuant to Section 8.1 of the Accumulation Program for Part -Time and Limited <br />Service Employees (the "Plan"), the Employer named below hereby adopts this <br />Amendment to the Plan regarding certain distributions. This Amendment has not been <br />reviewed by the IRS, is not part of the pre -approved plan, and does not affect the <br />Employer's reliance on the pre -approved plan. <br />1. Section 4.2 of the Plan is amended to read in its entirety as follows: <br />4.2 In -Service Withdrawal of Employer Contributions. If permitted in <br />the Adoption Agreement, a Participant may withdraw Employer <br />Contributions (as defined in Section 3.3) from the Plan prior to a <br />severance of employment upon the Participant's Disability or <br />Change of Status. <br />2. New Section 6.3, "Missing Participant or Beneficiary," is added to the <br />Plan, to read as follows: <br />6.3 Missing Participant or Beneficiary. Notwithstanding Section 6.2, <br />if a Participant (or his or her Beneficiary) cannot be located within <br />three years after the Participant's Account becomes payable, and <br />during that period reasonable efforts have been made to find him <br />or her, the Participant's Account shall be escheated to the State of <br />California as unclaimed property pursuant to California Code of <br />Civil Procedure section 1518. "Reasonable efforts" to locate the <br />Participant shall be deemed to have been made if a Participant <br />statement or notice has been returned as undeliverable and the Plan <br />Administrator has subsequently retained a letter -forwarding service <br />through the Internal Revenue Service, the Social Security <br />Administration and/or a commercial locator service to locate the <br />Participant. <br />