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(� following the events described in Section 3(e) above, the City will (i) continue to <br /> honor its funding obligations pursuant to the requirements of the Fund to the 2022 <br /> Fund Beneficiaries and (ii) make provision for all current and future Firefighters to <br /> participate in TMRS on the same basis as other City employees who participate in <br /> TMRS; and <br /> (g) the City will issue the Bonds and provide for the payment of the debt service on the <br /> Bonds. <br /> 4. The Board acknowledges and agrees that: <br /> (a) the Board agrees to accept the deposit set forth in paragraph 3(c) above when made; <br /> (b) the Board has fiduciary responsibility for the assets of Fund and has the duty to <br /> oversee the investment and expenditure of the assets of Fund; <br /> (c) the Board agrees that such deposit, when made, shall be applied to the City's 2022 <br /> UAAL as determined in the annual actuarial valuation performed by the City's <br /> actuary; <br /> (d) following the events described in Section 3(e) above, no further increases or <br /> substantive changes may be made to the Fund, and only the 2022 Fund <br /> Beneficiaries shall be entitled to any portion of the benefits of the Fund, in effect <br /> "freezing" the Fund for the 2022 Fund Beneficiaries and foreclosing the Fund to <br /> any new participants not already provided for under the Fund; and <br /> (e) upon final payout to the last person qualifying as a 2022 Fund Beneficiary, any <br /> remaining amounts in the Fund shall be allocated in accordance with applicable State <br /> law. <br /> 5. This Agreement may be amended only by a written instrument executed by the parties <br /> hereto. This Agreement may be executed in one or more counterparts, each of which will <br /> be deemed an original, but all of which together will constitute one and the same <br /> agreement. <br /> SIGNATURE PAGE TO FOLLOW <br />