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1984
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CITY CLERK
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(v) -do all such acts, take all such proceedings, and exercise all <br />t such rights and privileges, although not specifically mentioned <br />herein, as the Trustees may deem necessary or appropriate to <br />administer the Trust Property and to carry out the purposes of the <br />Retirement Trust. <br />SECTION 4.2. Distribution of Trust Property. Distributions of the <br />ust Property shall be made to, or on behalf of, the Public Employer, in <br />cordance with the terms of the Deferred Compensation Plans or <br />i"_7ployer Trusts. The Trustees of the Retirement Trust shall be fully <br />,tected in making payments in accordance with the directions of the <br />plic Employers or the Trustees of the Employer Trusts without <br />acertaining whether such payments are in compliance with the <br />: ovisions of the Deferred Compensation Plans or the agreements <br />erating the Employer Trusts., <br />SECTION 4.3. Execution of Instruments. The Trustees may <br />lanimously designate any one or more of the Trustees to execute any <br />strument or document on behalf of all, including but not limited to the <br />;ning or endorsement of any check and the signing of any <br />plications, insurance and other contracts, and the action of such <br />signaled Trustee or Trustees shall have the same force and effect as if <br />.en by all the Trustees. <br />ARTICLE V. Duty of Care and Liability of Trustees <br />SECTION 5.1. Duty of Care. In exercising the powers hereinbefore <br />anted to the Trustees, the Trustees shall perform all acts within their <br />thority for the exclusive purpose of providing benefits for the Public <br />-�ployers, and shall perform such acts with the care, skill, prudence <br />d diligence in the circumstances then prevailing that a prudent person <br />�,ng in a like capacity and familiar with such matters would use in the <br />riduct of an enterprise of a like character and with like aims. <br />SECTION 5.2. Liability. The Trustees shall not be liable for any <br />stake of judgment or other action taken in good faith, and for any <br />,on taken or omitted in reliance in good faith upon the books of <br />; ount or other records of the Retirement Trust, upon the opinion of <br />unsel, or upon reports made to the Retirement Trust by any of its <br />;cers, employees or agents or by the Investment Adviser or any sub - <br />•stment adviser, accountants, appraisers or other experts or <br />17sultants selected with reasonable care by the Trustees, officers or <br />I lloyees of the Retirement Trust. The Trustees shall also not be liable <br />my loss sustained by the Trust Property by reason of any investment <br />__e in good faith and in accordance with the standard of care set forth <br />Section 5.1. <br />i <br />I <br />3 <br />SECTION 5.3. Bond. No Trustee shall be obligated to give any bond <br />or other security for the performance of any of his or her duties <br />hereunder. <br />ARTICLE VI. Annual Report to Shareholders <br />The Trustees shall annually submit to the Public Employers a written <br />report of the transactions of the Retirement Trust, including financial <br />statements which shall be certified by independent public accountants <br />chosen by the Trustees. <br />ARTICLE VII. Duration or Amendment of Retirement Trust <br />SECTION 7.1. Withdrawal. A Public Employer may, at any tirne, with- <br />draw from this Retirement Trust by delivering to the Board of Trustees a <br />statement to that effect. The withdrawing Public Employer's beneficial <br />interest in the Retirement Trust shall be paid out to the Public Employer <br />pr to the Trustee of the Employer Trust, as appropriate. , <br />SECTION 7.2. Duration. The Retirement Trust shall continue until <br />terminated by the vote of a majority of the Public Employers, each <br />casting one vote. Upon termination, all of the Trust Property shall be <br />paid out to the Public Employers or the Trustees of the Employer Trusts, <br />as appropriate. <br />SECTION 7.3. Amendment. The Retirement Trust may be amended <br />by the vote of a majority of the Public Employers, each casting one vote. <br />SECTION 7.4. Procedure. A resolution to terminate or, amend the <br />Retirement Trust or to remove a Trustee shall be submitted to a vote of <br />the Public Employers if: (a) a majority of the Trustees so direct, or (b) a <br />petition requesting a vote, signed by not less than 25% of the Public <br />Employers, is submitted to the Trustees. <br />ARTICLE VIII. Miscellaneous <br />SECTION 8.1. Governing Law, Except as otherwise required by state <br />or local law, this Declaration of Trust and the Retirement Trust hereby <br />created shall be construed and regulated by the laws of the District of <br />Columbia. <br />SECTION 8.2. Counterparts. This Declaration may be executed by <br />the Public Employers and Trustees in two or more counterparts, each of <br />which shall be deemed an original but all of which together shall <br />constitute one and the same instrument. <br />F <br />
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