R2013-23 APPROVING AMENDMENT TO EMPLOYER PARTICIPATION AGREEMENT

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h AMENDED AND RESTATED TRUST AGREEMENT The Trust for the Post Employment Health Plan for Collectively Bargained Public Employees This Amended and Restated Trust Agreement ("Agreement") is made this 31St day of October, 2011 by and between the National Association of Police Organizations ("NAPO"), duly organized and existing under the laws of the State of New York or its successor, (the "Grantor") on behalf of the Association of state and local government employees and their Unions representing them ("the Union(s)") and Nationwide Trust Company, FSB a division of Nationwide Bank (the "Trustee"). WITNESSETH: WHEREAS, state and local government employees in all states, desire to establish The Post Employment Health Plan for Collectively Bargained Public Employees (the "Plan"), a welfare benefit plan that provides post employment health benefits for employees of state and local government employers in all states, who are covered by collective bargaining agreements; and WHEREAS, those benefits are to be funded through a trust (the "Trust") which is intended to qualify as a voluntary employees' beneficiary association (VEBA) within the meaning of Section 501(c)(9) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Union and the Employer designate Nationwide Retirement Solutions, Incorporated, a Delaware corporation, the "Corporation" as the Administrator of the Plan, and Nationwide Trust Company, FSB a division of Nationwide Bank as Trustee; and WHEREAS, the Trustee has agreed to hold and administer the money and property contributed to the Trust, and the earnings thereon, in accordance with the terms set forth in this Agreement; and WHEREAS, the Union and the Employer intend that neither the contributions to the Trust, nor the earnings thereon, will be treated as unrelated business taxable income to the Trust under Sections 512(a)(3)(E) of the Code; NOW, THEREFORE, the parties agree as follows: 1