Common use of Plan Qualification Clause in Contracts

Plan Qualification. The Sponsor hereby represents that the Plan is intended to meet the requirements of the Code applicable to governmental eligible 457(b) plans and the Trust established hereunder is intended to be tax-exempt under section 501(a) of the Code. The Sponsor has the sole responsibility for ensuring the Plan’s status as an eligible 457(b) governmental plan and full compliance with the applicable requirements of the Code, even if the Sponsor previously used Fidelity’s sample governmental 457(b) Plan. The Sponsor shall take appropriate actions to request from the IRS, as and when required, an opinion letter, private letter ruling, and/or determination letter and make such reasonable changes to the Plan document and operations as are required by the IRS to obtain or maintain the Plan’s status. If the Plan ceases to meet the Code requirements applicable to Code section 457(b) plans, the Sponsor shall notify the Trustee as promptly as is reasonable.