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<br />Voluntary In-Service Distributions - The 457(b) regulations permit distribution of smaller <br />accounts of $5,000 or less be distributed if there have been no prior voluntary de minimis <br />distributions and no deferrals made in the prior two years. The model amendments assume <br />mandatory de minimis in-service distributions. However, the Plan does not adopt this provision and <br />continues to permit de minimis in-service distributions on a voluntary basis. [Section 5.10] <br /> <br />ARTICLE VI <br />Eligible Rollovers and Plan-to-Plan Transfers <br /> <br />Sub-Account for Eligible Rollover Contributions - IRS Revenue Ruling 2004-12 permits <br />distributions of rollovers to the extent such rollovers are maintained in a separate account. The Plan <br />maintains separate accounting for rollovers into the Plan and such rollovers are eligible for in-service <br />distributions. [Section 6.01 (b)] <br /> <br />Loans - The model amendments related to loans are not included in the Plan document. Loans <br />continue to be an available feature that may be added on to your Plan. If your Plan currently offers <br />loans, the loan amendment continues to be part of your Plan document and is incorporated in this <br />Plan document accordingly. <br /> <br />ARTICLE VII <br />Domestic Relations Orders <br /> <br />Domestic Relations Orders - The Plan now includes the acceptance of DROs as a standard Plan <br />feature. The previous DRO amendment has been incorporated into the Plan document. The <br />Administrator will continue to review and process DROs submitted to the Plan. [Sections 7.01-7.05] <br /> <br />ARTICLE IX <br />Investment of Deferred Amounts <br /> <br />Limitations on Transfers and Exchanges - Although generally the Plan permits participants, <br />beneficiaries, and alternate payees to self-direct its investment selections with minimum limitations, <br />there are some investment options that have restrictions that will be imposed. In addition, the Plan <br />provides for market timing restrictions in accordance with restrictions imposed by a funding <br />provider, the Administrator, and/or a regulatory agency. [Section 9.04] <br /> <br />ARTICLE XII <br />Miscellaneous <br /> <br />Non-Assignability - 457(b) governmental plan assets remain non-assignable. With certain <br />exceptions, such assets cannot be transferred. However, the model amendments permit the Plan to <br />attach the assets of a participant, beneficiary, or alternate payee to pay a federal income tax levy. <br />Under the Bankruptcy Abuse Protection and Consumer Protection Act of 2005, assets in an eligible <br />457(b) plan may be exempted from bankruptcy proceedings. [Sections 12.01 and 12.02] <br /> <br />Mistake of Fact Rule - The model amendments extends and adopts the mistake-of-fact rule found <br />in IRS Revenue Ruling 91-4 applicable to ERISA qualified plans. Although not subject to ERISA, <br />457(b) governmental plans are permitted by the IRS to refund mistaken contributions within one <br />year after the payment of the mistaken contribution. [Section 12.03] <br /> <br />Amended and Restated 457(b) Governmental Plan Document <br />Nationwide Retirement Solutions, Inc., December 31, 2005 <br /> <br />Page 4 of 4 <br />