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their adoption will not cause the Plan to be individually designed) or corrections of the <br />Plan as previously approved by the Internal Revenue Service. Keenan & Associates will <br />no longer have the authority to amend the Plan on behalf of the Employer as of the date <br />the Internal Revenue Service requires the Employer to file Form 5300 as an individually <br />designed plan as a result of an Employer amendment to the Plan to incorporate a type of <br />plan not allowable in the volume submitter program or as a result of amendments to the <br />specimen plan that the Internal Revenue Service in its discretion determines have caused <br />the Plan to be an individually designed plan due to the nature and extent of the <br />amendments to the specimen plan. If the Employer is required to obtain a determination <br />letter to have reliance (for example, because the Employer has modified the specimen <br />plan), the authority of Keenan & Associates to amend the Plan on behalf of the Employer <br />is conditioned on the Plan being covered by a favorable determination letter. <br />IN WITNESS WHEREOF, the Employer has caused this Post-EGTRRA <br />Amendment to the Plan to be effective for Plan Years beginning after December 31, <br />2009, and is to be signed by its duly authorized representative. <br />CITY OF PLEASANTON <br />Nelson Fialho, City Manager <br />Please return a copy of this signed Amendment to Keenan & Associates. <br />Fimlwid e:90552339.1 007833.2001 <br />APPROVED AS TO FORM: <br />-fonathan Lowell, City Attorney <br />Ll <br />