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CC - Item 5K - ICMA Deferred Compensation Program• E ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER DATE: MARCH 25, 2008 SUBJECT: ICMA DEFERRED COMPENSATION 401(a) PROGRAM SUMMARY The City currently offers an employer funded deferred compensation program as part of the Memorandum of Understanding (MOU) that was approved for the fiscal year 2007- 08, however, the City does not currently have a deferred compensation plan for such contributions. The approval of a 401(a) plan would allow for such contributions without affecting each employee's ability to voluntarily contribute to the existing 457 plan. Staff Recommendation Staff recommends that the City Council adopt the resolution (Attachment A) implementing an ICMA 401(a) Retirement Plan, approve the Administrative Services Agreement with ICMA (Attachment B), and authorize the City Manager to execute any additional document involved with the plan implementation. ANALYSIS In compliance with the Internal Revenue Code, ICMA offers a 401(a) Deferred Compensation Profit-Sharing program for eligible entities. Under the rules of the Internal Revenue Code, a 401(a) Profit-Sharing program may be established with mandatory contributions. Since the City benefits include a fixed rate contribution based upon longevity, contributions to this plan may be made on a tax-exempt basis. The proposed 401(a) plan is slightly more restrictive than the existing 457 plan and participants must be at least 59 years of age prior to requesting a distribution of funds to avoid early withdrawal penalties. The key benefit to having this plan is that it has separate annual contributions limits from the 457 plan. Therefore, the City can contribute the funds to the 401(a) program without affecting an employee's contribution or limit for the existing 457 Plan. FINANCIAL REVIEW There is no new financial impact to the City through the implementation of the ICMA 401(a) program. Funds have been budgeted for the benefits currently approved in the MOU. APPROVED FOR CITY COUNCIL AGENDA: 11) • 1/47 • o City Council Meeting March 25, 2008 Page 2 of 2 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Matthew E. Hawkesworth Assistant City Manager Attachment A: Resolution to include ICMA Profit Sharing Plan Attachment B: Administrative Services Agreement 2/47 • e ATTACHMENT A RESOLUTION: 2008-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, IN THE MATTER OF AMENDING THE ICMA-RC RETIREMENT PLAN TO INCLUDE THE PROFIT- SHARING PLAN. WHEREAS, the City of Rosemead has employees rendering valuable services; and WHEREAS, the establishment of a Profit-Sharing retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City of Rosemead desires that its Profit-Sharing retirement plan be administered by ICMA-RC and that the funds held in such plan be invested in the VantageTrust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY RESOLVES AS FOLLOWS: The City of Rosemead hereby establishes or has established a Profit-Sharing retirement plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Profit-Sharing Plan & Trust, pursuant to the specific provisions of the Adoption Agreement (executed copy attached hereto). The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and BE IT FUTHER RESOLVED that the City of Rosemead hereby executes the Declaration of Trust of VantageTrust, (executed copy attached hereto), intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of Rosemead, if the assets of the plan are to be invested in the VantageTrust. BE IT FURTHER RESOLVED that the City of Rosemead here by agrees to serve as trustee under the Plan and to invest funds held under the Plan in the VantageTrust; and BE IT FURTHER RESOLVED that the City Manager shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the VantageTrust; shall cast, on behalf of the City of Rosemead, any required votes 3/47 • • under the VantageTrust; may delegate any administrative duties relating to the Plan to appropriate departments; and BE IT FURTHER RESOLVED that the City of Rosemead hereby authorizes the City Manager to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the plan. PASSED, APPROVED AND ADOPTED this 8th day of January 2008. John Tran MAYOR ATTEST: Gloria Molleda City Clerk 4/47 • ATTACHMENT B ADMINISTRATIVE SERVICES AGREEMENT Between ICNIA. Retirement Corporation and City of Rosemead Type: 401 Account 106564 5/47 • Plan number 106564 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement"), made as of the 25 day of March, 2008 (herein referred to as the "Inception Date"), between the International City/County Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of Rosemead ("Employer"), a City organized and existing under the laws of the State of California with an office at 8838 East Valley Boulevard, Rosemead, California 91770-1714. RECITALS Employer acts as a public plan sponsor for a retirement plan ("Plan") with responsibility to obtain investment alternatives and services for employees participating in that Plan; VantageTrust (the "Trust") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to the Trust; ICMA-RC has designed, and the Trust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in the Trust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide." ("Retirement Investment Guide"). The Funds are available only to public employers and only through the Trust and ICMA-RC. In addition to serving as investment adviser to the Trust, ICMA-RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record-keeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. AGREEMENTS Appointment of ICMA-RC Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. 6/47 2. Adoption of Trust J Plan number 106564 Employer has adopted the Declaration of Trust of VantageTrust and agrees to the commingled investment of assets of the Plan within the Trust. Employer agrees that operation of the Plan and the investment, management, and distribution of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. It is understood that the term "Employer Trust' as it is used in the Declaration of Trust shall mean this Administrative Services Agreement. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA- RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide account information in reports, statements or accountings. 4. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of ICMA-RC to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for ICMA- RC to serve in that capacity. (b) ICMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, LLC (a wholly owned subsidiary of ICMA-RC) is registered as a broker-dealer with the U.S. Securities and Exchange Commission ("SEC") and is a member in good standing with Financial Industry Regulatory Authority ("FINRA") and the Securities Investor Protection Corporation ("SIPC"). (c) ICMA-RC shall maintain and administer the Plan in compliance with the requirements for plans which satisfy the qualification requirements of Section 401 of the Internal Revenue Code and other applicable federal 7/47 • O Plan number 106564 law; provided, however, ICMA-RC shall not be responsible for the qualified status of the Plan in the event that the Employer directs ICMA- RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of ICMA-RC's standardized plan document, ICMA-RC shall not be responsible for the qualified status of the Plan to the extent affected by the differing terms in the Employer's plan document. Employer represents and warrants to ICMA-RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that ICMA-RC's sole function under this Agreement is to act as recordkeeper and to provide administrative, investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not render investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and the Trust. (f) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Employer Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a former spouse, current spouse, or child pursuant to a domestic relations order or child support order. 8/47 n L-A 6. Compensation and Payment is Plan number 106564 (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.55% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed based on average daily net Plan assets in the Trust. (b) Mutual Fund Services Fee. There is an annual charge of 0.15% assessed against average daily net Plan assets invested in the Trust's non- proprietary funds of VantageTrust. (c) Compensation for Management Services to the Trust, Compensation for Advisory and other Services to The Vantagepoint Funds and Payments from Third-Party Mutual Funds. Employer acknowledges that in addition to amounts payable under this Agreement, ICMA-RC receives fees from the Trust for investment management services furnished to the Trust. Employer further acknowledges that certain wholly owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to The Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through the Trust. The fees referred to in this subsection are disclosed in the Retirement Investment Guide. These fees are not assessed against assets invested in the Trust's Mutual Fund Series. In addition, to the extent that third party mutual funds are included in the investment line-up for the Plans, ICMA-RC may receive payments from such third party mutual funds or their service providers, which may be in the form of 12b-1 fees, service fees, or compensation for sub-accounting or other services provided by ICMA-RC on behalf of the funds. (d) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. ICMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund's policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. (e) Payment Procedures. All payments to ICMA-RC pursuant to this Section 6 shall be paid out of the Plan assets held by the Trust and shall be paid by the Trust, to the extent not paid by the Employer. The amount of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. In the event that the Employer agrees to pay amounts owed pursuant to this section 6 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets held by the Trust. The compensation and payment set forth in this section 6 is contingent upon the 9/47 ® O Plan number 106564 Employer's use of ICMA-RC's EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by ICMA-RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. 8. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan or related Trust, other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or related Trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful misconduct. 9. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adiustments (a) This Agreement may not be amended except by written instrument signed by the parties. (b) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement or special mailing. 10/47 0 11. Notices • Plan number 106564 All notices required to be delivered under Section 10 of this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 12. Complete Agreement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 14. Incorporation of Schedules All Schedules (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 15. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. 11/47 o • Plan number 106564 In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. CITY OF ROSEMEAD By Date Signature Name and Title (Please Print) INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By Angela C. Montez Assistant Corporate Secretary Please return fully executed contract to: New Business Unit ICMA-RC 777 North Capitol Street NE Suite 600 Washington, DC 20002-4240 12/47 0 0 Plan number 106564 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment forms and records. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Trust. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established in paper or electronic format. These files shall include enrollment instructions, beneficiary designation instructions (to the extent provided to ICMA-RC) and all other written correspondence and documents concerning each participant's account, and if applicable, records of any transaction conducted through the Voice Response Unit ("VRU"), the Internet or other electronic means. (f) Provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll-free number and access to VantageLine, ICMA- RC's interactive VRU, and ICMA-RC's web site, to allow participants to access certain account information and initiate plan transactions at any time. Q) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. 13/47 ® o Plan number 106564 (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held thereunder. (1) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. (m) Online Advice may be made available through a third party vendor on the terms specified on ICMA-RC's website. 10 14/47 0 0 OMB APPROVAL OMB Number: 3235-0049 FORM ADV Expires: January 31, 2008 Uniform Application for Investment Adviser Registration Estimated average burden Part II -Page 1 hours er response 9.402 Name of Investment Adviser: International City Management Association Retirement Corporation ("ICMA-RC") Address: (Number and Street) (City) (State) (Zip Code) Area Code: Telephone Number: 777 North Capitol Street, N.W. Washington DC 20002 (202) 962-4600 This part of Form ADV gives information about the investment adviser and its business for the use of clients. The information has not been approved or verified by any governmental authority. Table of Contents Item Number Item Page 1 Advisory Services and Fees ................................2 2 Types of Clients ................................2 3 Types of Investments 3 4 Methods of Analysis, Sources of Information, and Investment Strategies ................................3 5 Education and Business Standards 4 6 Education and Business Background ................................4 7 Other Business Activities .A 8 Other Financial Industry Activities or Affiliations 4 9 Participation or Interest in Client Transactions ................................5 10 Conditions for Managing Accounts ................................5 11 Review of Accounts ................................5 12 Investment or Brokerage Discretion ................................6 13 Additional Compensation 6 14 Balance Sheet 6 Continuation Sheet Balance Sheet, if required Schedule F ..........................................Schedule G (Schedules A, B, C, D, and E are included with Part I of this Form, for the use of regulatory bodies, and are not distributed to clients.) Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. 15/47 FORM ADV Applicant: SEC File Number: Date: Part II - Page 2 1 ICMA-RC ~ 801-18273 07/28/06 I. A. Advisory Services and Fees. (check the applicable boxes) For each type of service provided, state the approximate %of total advisory billings from that service. (See instruction below.) Applicant: ® (1) Provides investment supervisory services 99% ❑ (2) Manages investment advisory accounts not involving investment supervisory services % ® (3) Furnishes investment advice through consultations not included in either service described above I% ❑ (4) Issues periodicals about securities by subscription, % ❑ (5) Issues special reports about securities not included in any services described above % ❑ (6) Issues, not as part of any service described above, any charts, graphs, formulas, or other devices which clients may use to evaluate securities % ❑ (7) On more than an occasional basis, furnishes advice to clients on matters not involving securities....... % ❑ (8) Provides a timing service % ❑ (9) Furnishes advice about securities in any manner not described above % (Percentages should be based on applicant's last fiscal year. If applicant has not completed its first fiscal year, provide estimates of advisory billings for that year and state that the percentages are estimates.) Yes No B. Does applicant call any of the services it checked above financial planning or some similar term? ❑ C. Applicant offers investment advisory services for: (check all that apply) ® (1) A percentage of assets under management ❑ (4) Subscription fees ❑ (2) Hourly charges ❑ (5) Commissions ® (3) Fixed fees (not including subscription fees) ❑ (6) Other D. For each checked box in A above, describe on Schedule F: • the services provided, including the name of any publication or report issued by the adviser on a subscription basis or for a fee , applicant's basic fee schedule, how fees are charged and whether its fees are negotiable • when compensation is payable, and if compensation is payable before service is provided, how a client may et a refund or may terminate an investment advisory contract before its expiration date 2. Types of Clients Applicant generally provides investment advice to: (check those that apply) ® A. Individuals ® E. Trusts, estates, or charitable organizations ❑ B. Banks or thrift institutions ❑ F. Corporations or business entities other than those listed abo ve ❑ C. Investment companies ❑ G. Other (describe on Schedule F) ® D. Pension and profit sharing plans Answer all items. Complete amended pages in full, circle amended items and file with execution page (page 1). 16/47 0 0 FORM ADV Applicant: SEC e Number: Date: - ICMA-RC 7 Part 11 - Page 3 73 07/2 8/06 3. Types of Investments. Applicant offers advice on the following: (check those that apply) A. Equity Securities ❑ H. United States government securities ❑ (I) exchange-listed securities ❑ (2) iti t th d d t I, Options contracts on: over- secur es ra e e-coun er ❑ (1) securities ❑ (3) foreign issuers ❑ (2) commodities ❑ B. Warrants ❑ C. Corporate debt securities J. Futures contracts on: (other than commercial paper) ❑ (1) tangibles ❑ (2) intangibles ❑ D. Commercial paper K.Interests in partnerships investing in: ❑ E. Certificates of deposit ❑ (1) real estate ❑ (2) oil and gas interests ❑ (3) other (explain on Schedule F) ❑ F. Municipal securities ® L. Other (explain on Schedule F) G. Investment company securities: ❑ (1) variable life insurance ❑ (2) variable annuities ® (3) mutual fund shares 4. M ethods of Analysis, Sources of Information, and Investment Strategies. A. Applicant's security analysis methods include: (check those that apply) (1) ❑ Charting (4) ❑ ' Cyclical (2) ® Fundamental (5) ® Other (explain on Schedule F) (3) ® Technical B. The main sources of information applicant uses include: (check those that apply) m o Financial newspapers and magazines (5) ❑ Timing services (2) ❑ Inspections of corporate activities (6) ® Annual reports, prospectuses, filings with the Securities and Exchange Commission (3) ® Research materials prepared by others (7) ® Company press releases (4) ® Corporate rating services (8) ® Other (explain on Schedule F) C. The investment strategies used to implement any investment advice given to clients include: (check those that apply) (1) ® Long term purchases (securities held at least a year) (5) ❑ Margin transactions (2) M Short term purchases (securities sold within a year) (6) ❑ Option writing, including covered options, uncovered options or spreading strategies (3) ❑ Trading (securities sold within 30 days) (7) ® Other (explain on Schedule F) (4) ❑ Short Sales Answer all items. Complete amended pages in full, circle amended items and file with execution page (page 1). 17/47 o • FORM ADV Applicant: SEC File Number: Date: Part II - Page 4 ICMA-RC 801-18273 07/28/06 5. Education and Business Standards. Are there any general standards of education or business experience that applicant requires in deter- Yes No mining or giving investment advice to clients?...._ ❑ (If yes, describe these standards on Schedule F.) 6. Education and Business Background. For • each member of the investment committee or group that determines general investment advice to be given to clients, or • if the applicant has no investment committee or group, each individual who determines general investment advice given to clients (if more than five, respond only for their supervisors) • each principal executive officer of applicant or each person with similar status or performing similar functions. On Schedule F, give the: • name formal education after high school - • year of birth business background for the preceding five years 7. Other Business Activities. (check those that apply) ® A. Applicant is actively engaged in a business other than giving investment advice. ® B. Applicant sells products or services other than investment advice to clients. ® C. The principal business of applicant or its principal executive officers involves something other than providing investment advice. (For each checked box describe the other activities, including the time spent on them, on Schedule F.) 8. Other Financial Industry Activities or Affiliations. (check those that apply) ❑ A. Applicant is registered (or has an application pending) as a securities broker-dealer. ❑ B. Applicant is registered (or has an application pending) as a futures commission merchant, commodity pool operator or commodity trading adviser. C. Applicant has arrangements that are material to its advisory business or its clients with a related person who is a: ® (1) broker-dealer ❑ (7) accounting firm ® (2) investment company ❑ (8) law firm ® (3) other investment adviser ❑ (9) insurance company or agency ❑ (4) financial planning firm ❑ (10) pension consultant ❑ (5) commodity pool operator, commodity trading ❑ (11) mat estate broker or dealer adviser or futures commission merchant ® (6) banking or thrift institution ❑ (12) entity that creates or packages limited partnerships (For each checked box, on Schedule F identify the related person and describe the relationship and the arrangements.) D. Is applicant or a related person a general partner in any partnership in which clients are solicited to Yes No invest? I.................. ❑ (If yes, describe on Schedule F the partnerships and what they invest in.) I Answer all items. Complete amended pages in full, circle amended items and rile with execution page (page 1). 18/47 Q 0 FORM ADV Applicant: SEC File Number: Date: Part II - Page 5 ICMA-RC 801-18273 07/28/06 9. Participation or Interest in Client Transactions. Applicant or a related person: (check those that apply) ❑ A. As principal, buys securities for itself from or sells securities it owns to any client. ❑ B. As broker or agent effects securities transactions for compensation for any client. ❑ C. As broker or agent for any person other than a client effects transactions in which client securities are sold to or bought from a brokerage customer. ® D. Recommends to clients that they buy or sell securities or investment products in which the applicant or a related person has some financial interest. ' ® E. Buys or sells for itself securities that it also recommends to clients. (For each box checked, describe on Schedule F when the applicant or a related person engages in these transactions and what restrictions, internal procedures, or disclosures are used for conflicts of interest in those transactions.) 10. Conditions for Managing Accounts. Does the applicant provide investment supervisory services, manage investment advisory accounts or hold itself out as providing financial planning or some similarly termed services and impose a minimum dollar value of assets or other conditions for starting or maintaining an account? Yes No (If yes, describe on Schedule F) I I . Review of Accounts. If applicant provides investment superv isory services, manages investment advisory accounts, or holds itself out as providing financial planning or some similar termed services: A. Describe below the reviews and reviewers of the accounts. For reviews, include their frequency, different levels, and triggering factors. For reviewers, include the number of reviewers, their titles and functions, instructions they receive from applicant on performing reviews, and number of accounts assigned each. See Schedule F, attached. B. Describe below the nature and frequency of regular reports to clients on their accounts. See Schedule F, attached. Answer all items. Complete amended pages in full, circle amended items and file with execution page (page 1). 19/47 O 1 FORM ADV Applicant: SEC File Number: Date: Part II - Page 6 ICMA-RC 301-18273 07/28/06 12. Investment or Brokerage Discretion. A. Does applicant or any related person have authority to determine, without obtaining specific client consent, the: Yes No (I ) securities to be bought or sold? ® ❑ Yes No (2) amount of the securities to be bought or sold? ® ❑ Yes No (3) broker or dealer to be used? ® ❑ Yes No (4) commission rates paid? ® ❑ Yes No B. Does applicant or a related person suggest brokers to clients? ® ❑ For each yes answer to A describe on Schedule F any limitations on the authority. For each yes toA(3), A(4) or B, describe on Schedule F the factors considered in selecting brokers and determining the reasonableness of their commissions. If the value of products, research and services given to the applicant or a related person is a factor, describe: • the products, research and services • whether clients may pay commissions higher than those obtainable from other brokers in return for those products an d services - • whether research is used to service all of applicant's accounts orjust those accounts paying for it; and • any procedures the applicant used during the last fiscal year to direct client transactions to a particular broker in retur n for products and research services received. 13. Additional Compensation. Does the applicant or a related person have any arrangements, oral or in writing, where it A. is paid cash by or receives some economic benefit (including commissions, equipment or non-research Yes No services) from a non-client in connection with giving advice to clients? ❑ Yes No B. directly or indirectly compensates any person for client referrals? ❑ (For each yes, describe the arrangements on Schedule F.) 14. Balance Sheet. Applicant must provide a balance sheet for the most recent fiscal year on Schedule G if applicant: • has custody of client funds or securities (unless applicant is registered or registering only with the Securities and Exchange Commission); or • requires prepayment of more than $500 in fees per client and 6 or more months in advance Yes No Has applicant provided a Schedule G balance sheet? DCD B01 20814533.1 27-Jul-06 1744 Answer all items. Complete amended pages in full, circle amended items and file with execution page (page 1). 20/47 Schedule F of Form AOV Continuation Sheet for Form ADV Part II (ICMA-RC - I 801-18273 I 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part 1 or any other schedules.) 1. Full name of applicant exactly as stated in Item I A of Part I of Forth ADV: International City Management Association Retirement Corporation BS Empl. [dent. No.: 23-7268394 Item of Form (identify) INTRODUCTION International City Management Association Retirement Corporation ("ICMA-RC") is a not-for-profit organization established in 1972 to assist state and local governments and their agencies and instrumentalities ("Public Employers") in the establishment and maintenance of deferred compensation and qualified retirement plans ("Plans") for their public sector employees ("Participants"). The Plans are established and maintained in accordance with either Section 457 or 401 of the Internal Revenue Code of 1986, as amended. ICMA-RC offers a full range of retirement plan administration services to Public Employers. These include, but are not necessarily limited to, plan recordkeeping, tax reporting, and disbursement services offered directly by ICMA-RC, asset pooling and custody effected through the VantageTrust ("Trust"), investment advice furnished by ICMA-RC to the Trust's portfolios, asset allocation of mutual funds and other pooled investments through Guided Pathways and financial planning through VantagePlanning. LA.(1) ADVISORY SERVICES VantageTrust ICMA-RC serves as investment adviser to the VantageTrust Company ("VTC"), which sponsors and maintains the group Trust established for the commingled investment of assets of Public Employers' Plans. The Trust is exempt from investment company registration under Section 3(c)(l1) of the Investment Company Act of 1940, as amended ("Company Act"). The Trust offers Public Employers three different sets of investment portfolios which include: 1) VantageTrust PLUS Fund ("PLUS Fund"), a stable value fund managed directly by ICMA-RC consisting of guaranteed investment contracts ("GICs") and fixed-income securities wrapped by insurance contracts; 2) VantageTrust Total Return Funds, each of which invests in a series of The Vantagepoint Funds ("Fund"), a Delaware trust and registered open-end investment company consisting of 27 series advised by Vantagepoint Investment Advisers, LLC ("VIA"), a wholly- owned subsidiary of ICMA-RC; and 3) VantageTrust Trust Series, each of which invests in third-party sponsored mutual funds. ICMA-RC advises as to the investment objectives of each of the portfolios offered by the Trust, assists the Trust in the selection of each underlying third-party mutual fund and continually monitors each fund's performance and operations. With the exception of the PLUS Complete amended pages in full, circle amended items and file with execution page (page 1). Page I of 21 21/47 o • Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name ofzpplicant exactly as stated in Item IA of Part I of Farm ADV: International City Management Association Retirement Corporation IRS Empl. Ident. No.: 23-7268394 Item of Form (identify) 1.A.(1) (cont.) Fund, day-to-day investment management of each of the other underlying funds is provided by unaffiliated subadvisers. This disclosure does not constitute an offer of the Trust, its underlying portfolios or the Fund, offers of which are made only pursuant to Trust offering documents or the Fund prospectus, as applicable. ICMA-RC performs its obligations to the Trust pursuant to an investment management contract terminable without penalty by either party on 60 days notice and non-assignable by ICMA-RC without the consent of the Trust. Pursuant to the contract, ICMA-RC also provides the Trust with office space, executive and other personnel, facilities and administrative services, and supervises its daily business affairs, all subject to the supervision of the Trust's Board of Trustees. Guided Pathways Guided Pathways is a platform for the delivery of a suite of services which includes discretionary and nondiscretionary mutual fund asset allocation investment advice for Participants of Public Employer Plans, including any related IRA accounts. Services include: (1) Managed Accounts - discretionary, on-going investment management for asset allocation among mutual funds and other pooled investment vehicles available within a Participant's Plan; (2) Guidance - nondiscretionary, point-in-time, asset allocation recommendations for Participants looking for assistance in selecting retirement plan investments at the asset class level such as large-cap, small cap or intemational equities; and (3) Advice - nondiscretionary, point-in-time, individualized investment advice to Participants looking for help in selecting specific available Plan investments at the fund level. Services are delivered via a combination of online, in-person, direct mail, and telephone media. The advisory services that are delivered and/or facilitated by individuals will be performed by ICMA-RC Associates with NASD Series 6 and Series 65 Licenses. Advisory services are provided pursuant to the Investment Advisory Service Agreement ("Agreement"), a written advisory agreement between ICMA-RC and each Participant which incorporates Participant-specific investment objectives. Management agreements may be terminated by either party at any time as specified in the Agreement. As part of Guided Pathways, ICMA-RC has entered into a contract with Ibbotson Associates, Inc. ("Ibbotson"), a subsidiary of Morningstar Associates, under which Ibbotson serves as the Independent Financial Expert "IFE" as that term is used in Complete amended pages in full, circle amended items and file with execution page (page 1). I Page 2 o f 27 22/47 Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Forth ADV Part I or any other schedules.) I. Full name ofapplicant exactly as stated in Item IA of Pan I of Form ADV: International City Management Association Retirement Corporation IRS Empl. Ident. No.: 23-7268394 Item of Form (identify) 1.A.(1) (cont.) the Department of Labor's SunAmerica Advisory Opinion. In its role as IFE, Ibbotson provides ICMA-RC advice about mutual fund asset allocation models, which include mutual funds from The Vantagepoint Funds advised by VIA, an ICMA-RC-affiliated adviser. Ibbotson uses the mutual funds or private funds included in a Public Employer's Plan to populate model portfolios designed for Participants at various risk exposure levels. For Participants who select Managed Accounts' discretionary management, ICMA-RC determines which model portfolio is most appropriate based on the Participants' financial situation, time horizon, risk/reward profile and other characteristics relevant to potential Participant investments. For those opting for the nondiscretionary Advice, the service suggests appropriate portfolios, but Participants choose their own asset mix based on the suggested models. Brokerage account windows are not included in the model portfolios constructed by Ibbotson for ICMA-RC's Managed Accounts, Guidance or Advice. However, both ICMA-RC and the IFE take assets in any such window account into consideration when making risk/reward analyses for portfolio investment.. VantagePlannine ICMA-RC offers VantagePlanning, retirement and financial planning services provided by qualified ICMA-RC Associates. These Associates conduct retirement and financial planning sessions with individual 457/401(a) Plan Participants. These sessions include a discussion and guidance on various financial planning topics. In addition, individualized financial plans may be prepared based on information provided by Participants. 1CN4A-RC Associates may also serve as facilitators to direct Participants to ICMA-RC products and services. The ICMA-RC Associates hold the Series 65 license and are registered as Investment Adviser Representatives ("IAR's") where applicable. VantagePlanning offers two levels of planning services - Deluxe and Premium. Deluxe assists Participants planning now for future retirement, while Premium is intended for those approaching retirement who need to make critical financial decisions about how best to plan for retirement. Separate Accounts with a Stable Value Option ICMA-RC may also, from time to time, provide separate account management for a portion of the assets of certain Plans which offer as an investment option a stable Complete amended pages in full, circle amended items and file with execution page (page 1). Page 3 of 27 23/47 0 Schedule F of Applicant: Form ADV Continuation Sheet for Form ADV Part II CMA-RC u SEC File Number: I Date: 801-18273 1 7/28106 (Do not use this Schedule as a continuation sheet for Forth ADV Part I or any other schedules.) 1. Full name of applicant exactly as stated in Item lAof Partlof Form ADV: International City Management Association Retirement Corporation IRS Empl. [dent. No.: 23-7268394 Item of Farm (identify) 1.A.(1) (cont.) value fund. Given that transfers of such assets may take substantial time to effectuate, assets to be transferred from an external stable value fund to the PLUS Fund may require interim investment management services. ICMA-RC will, if requested by a Plan, assist clients in the creation of a stable value separate account consisting primarily of the fixed income securities transferred by the client from the former stable value fund. Creation of such separate accounts may include selecting the trustee and/or custodian for the accounts which ICMA-RC may, with written client authorization, hire as agent on behalf of any Plan. These separate accounts will include an insurance wrapper from an unaffiliated, internationally recognized insurance company. In addition, ICMA-RC may, on a discretionary basis, hire a subadviser to exercise day-to-day investment discretion over the assets in the separate account until such time as the assets may be invested in the PLUS Fund. As transferred securities mature or reach their book value, the subadviser will instruct the custodian to liquidate any such assets and invest the proceeds in the PLUS Fund. Net daily cash flow into or out of the separate account will be made into or out of the PLUS Fund. Once all of the assets have been liquidated, the separate account will be closed. At which time, all assets of the separate account will be comprised entirely of holdings in the PLUS Fund, the subadvisory relationship with the account will terminate, and ICMA-RC will cease charging advisory or subadvisory fees in relation to the separate account other than the advisory fees embedded in the PLUS Fund. In the event that the client terminates the separate account agreement prior to all assets becoming eligible for transfer to the PLUS Fund, responsibility for managing any remaining securities held in the separate account will revert to the client. I.D. ADVISORY FEE SCHEDULES ICMA-RC believes its fees for advisory services are reasonable in light of the type of services provided. However, lower fees for comparable services may be available from other sources. None of the fees charged by ICMA-RC, including Guided Pathways Fees, are based on a share of capital gains or capital appreciation of funds of any Fund or Participant account. Complete amended pages in full, circle amended items and file with execution page (page 1). Page 4 o f 27 24/47 Q Schedule F of Form ADV Continuation Sheet for Form ADV Part II 0 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Pan[ of Form ADV: International City Management Association Retirement Corporation IRS Empl. [dent. No.'. 23-7268394 Item of Form (identify) I.D. (cont.) Public Employer Advisory Service Fees ICMA-RC may provide Public Employers who seek investment advisory services without Plan administration, customized investment services that consist of strategy planning, portfolio management, portfolio monitoring and performance measurement pursuant to written contracts. Fees for such services depend upon the number and extent of services provided to each such Public Employer, which shall not exceed a maximum of 0.45% of assets under management. Fees are negotiable. VantageTrust Fees Trust fees paid to ICMA-RC are described in more detail in "Making Sound Investment Decisions: A Retirement Investment Guide" ("RIG"). There are currently three versions of the RIG and the fee schedules set forth in each vary based on qualifying Plan characteristics such as average account balances or other features that afford certain economies of scale or other cost savings with respect to servicing of their accounts. Copies of a relevant version are delivered annually to all Trust investors. Trust advisory fees are paid monthly and computed on the average daily net asset value of each Series. Each Series' annual management fee will be prorated for any month during which the investment advisory agreement is in effect for only a portion of the month. Trust investors who select portfolios with underlying series of The Vantagepoint Funds or third party mutual funds also pay advisory fees to subadvisers, including ICMA-RC's advisory affiliate, VIA. These advisory and subadvisory fees, as well as custodial and operating expenses, are included in the expense ratios in the underlying mutual fund. The expenses of mutual funds that serve as the underlying portfolios of certain Trust portfolios are described in more detail in the relevant RIG. Additional information about any underlying mutual fund is available in the prospectus of each fund. Guided Pathways Fees Participants who enroll in Managed Accounts are assessed an asset based fee that is charged on a monthly basis based on the month-end average daily account balance in Managed Accounts. Managed Accounts fees are calculated as a percentage of the account value and applied to the account as a fixed dollar amount. Complete amended pages in full, circle amended items and file with execution page (page 1). Page 5 of 27 25/47 o • Schedule F of I Applicant: I SEC File Number: I Date: Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Fonn ADV Part 1 or any other schedules.) 1. Full name of applicant exactly as stated in Item I A of Pan I of Form ADV: International City Management Association Retirement Corporation IRS Empl. (dent. No.: 23-7268394 Item of Form (identify) I.D. (cont.) The standard Managed Accounts Fee Schedule is presented below and is also detailed in the Agreement. The Schedule applies separately to each account the Participant elects to enroll in Managed Accounts (e.g., a 401(a) account and a 457 account). Account Balance Annual Fee First $25,000 0.60% Next $25,000 0.55% Next $50,000 0.45% Next $150,000 0.35% Over $250,000 0.25% The Managed Accounts Fee will be deducted pro-rata against all investments in any account included in Managed Accounts. If participation in Managed Accounts terminates before the end of the month, the fee will be prorated based on the number of days the account was managed during the calendar month, unless ICMA-RC chooses to waive the fee for that period. Guided Pathways' Advice is provided to Participants for a fixed annual fee of $20 although Participants who are part of the Premier program may access Advice for free. There are no advisory fees for Participants using Guidance. None of the Guided Pathways' fees described above include any fees related to investments made in any selected mutual fund or other pooled investment vehicle which may include, for example, fund advisory fees, expenses, brokerage and redemption charges. All such fees are disclosed in the prospectuses or offering documents of the underlying funds which are available upon request to Participants in the Guided Pathways program. VIA, ICMA-RC's affiliated adviser, receives advisory fees with respect to any investments Participants make in The Vantagepoint Funds through Guided Pathways. VantaeePlannine The maximum fees for VantagePlanning are $200 per year for Deluxe or $480 per year for Premium. Fees for these services are based on the assets under consideration and may be discounted or waived based on certain qualifying characteristics of the Participant, such as achieving a certain qualifying account Complete amended pages in full, circle amended items and file with execution page (page 1). Page b o t 2 26/47 Q Schedule F of Applicant: Form ADV Continuation Sheet for Form ADV Part II ICMA-RC u SEC File Number: I Date: 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I, Full name of applicant exactly as stated in Item I A of PartI of Farm ADV: International City Management Association Retirement Corporation IRS Empl. Ident. No.: 23-7268394 Item of Form (identify) I.D. (cont.) balance level or being an ICMA-RC account member for a certain number of years. Separate Accounts for Plans with Stable Value Option Separate accounts managed by ICMA-RC for certain Plans which offer a stable value fund account option are charged fees which may include: advisory fees, sub- advisory fees, custody fees and insurance wrapper fees based on a percentage of certain assets in the private account. The chart below sets forth the maximum fees, which may be subject to negotiation depending upon account size, complexity or other relevant factors. The above-described fees relate only to the portion of the private account assets which are not yet invested in the PLUS Fund. In addition, the Plan may also be subject to administration fees as more fully described in Item 7, below, which also apply to assets in the separate account. Assets which have been invested in the PLUS Fund are subject to the fees and expenses embedded in the PLUS Fund itself, but are not subject to the private account management fees. Adviser: 0.10% Subadviser: 0.05% Custody: 0.03% Insurance Wrapper: 0.08°/% Maximum Total: 0.26% (excluding Administrative fees) 3.L. TYPES OF INVESTMENTS In addition to providing advice on mutual fund shares, ICMA-RC provides advice to the PLUS Fund on GICs, unsecured obligations of an institution to pay principal and interest for the period specified in the contract. Assurance of principal and interest payment is based solely on the financial strength of the issuing institution. Similarly, ICMA-RC provides advice to the PLUS Fund on wrapped synthetic contracts, a marketable fixed income portfolio with a third-party guarantee on the book value of the portfolio (wrap agreement), and separate account synthetic portfolios, composed of marketable fixed income securities that are held in an insurance company separate account controlled by the issuer, to eliminate or reduce the counterparty risk present in GICs. GICs are not negotiable instruments and there is no liquid secondary market for them. GICs could have a fixed maturity or a constant duration. ICMA-RC also provides separate account management for certain Plans as described in Item 1, above. In such arrangements, assets advised Complete amended pages in full, circle amended items and file with execution page (page 1). ?age / or 21 27/47 ® • Schedule F of Date: Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part 1 or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part[ of Form ADV: International City Management Association Retirement Corporation IRS Empl. [dent. No.: 23-7268394 Item of Form (identify) by ICMA-RC generally consist of GICs and synthetic contracts as described above, but are owned directly by the Plans as opposed to being held through VantageTrust. 4.A.(5) METHODS OF SECURITIES ANALYSIS For the PLUS Fund, ICMA-RC's Investment Division staff select financial institutions which issue GICs, separate account contracts and wrapped synthetic contracts for investment. In selecting particular contracts, the Investment Division staff considers terms of available contracts, many of which are not standard, but vary from carrier to carrier, and competitive availabilities at the time funds are available for placement. With respect to all other VantageTrust portfolios, security selection is performed by subadvisers or managers of the underlying mutual funds. In making investment recommendations under Guided Pathways, ICMA-RC relies on model portfolios constructed by Ibbotson based upon the funds offered through a Public Employer's Plan or through funds available to a Plan Participant's IRA. Ibbotson builds long-term asset-level portfolios at a variety of risk or complexity levels for the Plan; then selects and determines the appropriate weights for the investment options that best track each of the asset-level portfolios; and finally, monitors the investment options selected, along with the asset-level portfolios, over time to make sure they remain appropriate and to make adjustments and re- allocations to the portfolios if necessary. ICMA-RC uses this information to make Participant portfolio or asset allocation recommendations based on information supplied by Participants regarding their own investment characteristics. 4.B.(8) MAIN SOURCES OF INFORMATION In researching GICs, separate accounts and wrapped synthetic contracts, ICMA- RC's Investment Division staff studies available literature, including public reports of the companies and secondary analytical sources, such as rating services and the trade press. It also seeks and obtains supplementary information and explanatory material from the issuers themselves. For Guided Pathways, ICMA-RC also relies on research and models generated by its IFE, Ibbotson. 4.C.(7) INVESTMENT STRATEGIES Selection of mutual funds for the Trust Series is performed by ICNIA-RC's Complete amended pages in full, circle amended items and file with execution page (page 1). of27 28/47 Schedule F of I Applicant: Form ADV Continuation Sheet for Form ADV Part II • 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name ofapplicant exactly as stated in Item IA of Part I of Form ADV: IRS Empl. [dent. No.: International City Management Association Retirement Corporation 23-7268394 Item of Form (identify) Investment Division staff, subject to approval by the Board of Directors of VantageTrust Company, which govems the operations of the Trust. Among other things, factors such as appropriateness for retirement investing, how the fund complements other Trust funds, past performance, investment style and strategy, and the individual manager are all considered in the selection process. Information on investment strategies for Trust portfolios can be found in the prospectuses of the underlying mutual funds. Guided Pathways starts with the construction of asset class portfolios at different risk levels, ranging from very conservative to very aggressive. Generally speaking, seven different risk levels for each Public Employer's Plan will be designed by Ibbotson. After the asset-level portfolios are created for a Plan, Ibbotson will select investment options from a Plan's fund menu to construct fund-specific portfolios for that Plan. Fund-specific portfolios will provide Participants with a pre- determined solution to implement their asset allocation policy. The objective of investment option selection is to identify the most appropriate options available to implement the asset allocation policy. ICMA-RC matches these fund-specific portfolios to the investment characteristics of specific Plan Participants in order to render discretionary (i.e., Managed Accounts) and/or nondiscretionary advice (i.e., Advice) on Participant-specific investment portfolios. 5. EDUCATION AND BUSINESS STANDARDS ICMA-RC's general standard of education and business background required of persons employed by it in professional and/or management positions is completion of a college education. ICMA-RC Associates providing portfolio management and/or advice facilitation services hold Series 65 licenses. ICMA-RC Associates providing VantagePlanning services generally have also attained the designation of Certified Financial Planner ("UP"). 6. EDUCATION AND BUSINESS BACKGROUND Principal Executives Joan W. McCallen, President and Chief Executive Officer (born 1952) Education: BS and Master of Science, University of Manitoba (Canada). Complete amended pages in full, circle amended items and file with execution page (page 1). Page `1 Or 11 29/47 0 • Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part 1 or any other schedules.) 1. Full name of applicant exactly as stated in Item I A of Pan 1 of Form ADV: International City Management Association Retirement Corporation IRS Empl. Ident. No.: 23-7268394 Item of Form (identify) 6. (cont.) Business Background/Licenses: President and CEO, ICMA-RC 08/03 to present; Executive Vice President and COO, ICMA-RC, 01/97 to 08/03; Management, Great-West Life, 09/75-01/97; NASD Series 6, 26, 63 registered. Jim Rohrbacher, Senior Vice President and Chief Compliance Officer (born 1957) Education: BS, Lynchburg College. Business Background/Licenses: Senior Vice President and CCO, 9/2004 to present; Director of Compliance and Internal Audit, Frank Russell Company, 6/1996 to 8/2004. NASD Series 7, 24, 63 registered. Gerard Maus, Senior Vice President and Chief Financial Officer (born 1951) Education: BA, Rutgers University. Business Background/Licenses: Chief Financial Officer 11/2004 to present; Chief Financial Officer, Schwab Soundview Capital 01/04-11/04; Chief Financial Officer/Chief Administration Officer, Soundview Technology Group, Inc. 11/02 - 01/04; Partner/Chief Financial Officer, Advanced Technology Ventures, 03/01 - 01/02. NASD Series 6, 26, 63 registered. Paul Gallagher, Senior Vice President, Secretary and General Counsel (born 1959) Education: J.D. The Pennsylvania State University, Dickinson School of Law; BA, The Pennsylvania State University. Business Background: Senior Vice President and General Counsel, ICMA-RC 1998 to present. Principal, Assistant General Counsel and various previous titles, The Vanguard Group, Inc. 1985-1998. Wayne Wicker, Senior Vice President and Chief Investment Officer (born 1957) Education: MBA, Finance and Investments, Michigan State University; BA, University of Washington School of Business Administration and the School of Communication and Journalism. Complete amended pages in full, circle amended items and rile with execution page (page 1). Page I 30/47 B • Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part 1 or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part I of Form ADV: International City Management Association Retirement Corporation IRS Empl. ]dent. Na.: 23-7268394 Item of Forth (identify) 6.(cont.) Business Background/Licenses: Senior Vice President and Chief Investment Officer, ICMA-RC, 09/04 to present; Management Director and Senior Portfolio Manager with Cadence Capital Management 12/97 to 02/03; various senior investment positions with Howard Hughes Medical Institute, Target Corporation and American Express Financial Services 1984- 1997. Chartered Financial Analyst. Kristine Heurich, Senior Vice President, Client Services (born 1956) Education: BS, Mt. St. Mary's University, Emmitsburg, MD. Business Background: Senior Vice President, ICMA-RC 3/2006 to present. Managing Vice President, Client Services, ICMA-RC 11/2003 - 3/2006; Vice President, Operations, ICMA-RC 8/1996 - 11/2003; NASD Series 6, 63, 26 registered; CPA. Investment Advisory Personnel Wayne Wicker, see above for details. Julie H. Dellinger, Managing Vice President, Investments (born 1953) Education: MBA Finance Investments, George Washington University; BA, Economics, Duke University Business Background/Licenses: Acting Chief Investment Officer, 1CMA-RC, 11/03-9/04; Managing Vice President, Investments, ICMA-RC, 10/98-11/03; Executive Director, Montgomery Cry. Board of Investment Trustees, 05/90-10/98. Chartered Financial Analyst; NASD Series 6, 26, 63 registered. Robert Morales, Managing Director, Retirement Services (born 1968) Education: BA, Finance, California State University San Bernardino. Business Background/Licenses: Managing Director, Retirement Services, ICMA- RC, 1/2004 - present; President, Strategic Wealth Management Ins., 09/2000 - 12/2003. Certified Financial Planner; NASD Series 6, 63, 65 and 26 registered, I Complete amended pages in full, circle amended items and file with execution page (page 1). Page I I of 2Y 31/47 o Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part I of Forth ADV: IRS Empl. Ident. No.: International City Management Association Retirement Corporation 23-7268394 Item of Fort (identify) 6. (cont.) Daryl Dennis, Vice-President, Fixed Income Group (born 1958) Education: BS, Engineering, US Military Academy; MBA, Finance, Marymount University. Business Background: Vice President, Fixed Income Group, ICMA-RC, 2001 - present; Senior Portfolio Strategist, Domestic Fixed Income Group, SEI Investments, 2000 - 2001; Managing Director, The Atlantis Group, Inc., 1996 - 2000; President and Chief Investment Officer, Wedgewood Capital Management, Inc., 1989 - 1996; Senior Portfolio Manager, First American Bank, NA, 1987 - 1989; Portfolio Manager, GEICO Corporation, 1985 - 1987. Gerald Backenstoe, Vice-President, Investor Services (bom 1962) Education: BA, Political Science, Dennison University. Business Background: Vice President, ICMA-RC 2002 - present; various positions at ICMA-RC since 1987; NASD Series 6, 63, 65 and 26 registered. 7.A., B. & C. OTHER BUSINESS ACTIVITIES As noted in the Introduction above, ICMA-RC offers a full range of retirement plan administration services to Public Employers and Participants, including plan recordkeeping, tax reporting, and disbursement services. ICMA-RC plan administration charges include an annual account maintenance fee in a fixed dollar amount and a plan administration fee of up to 0.55% of daily average assets invested in the Trust and paid out of Trust assets. These fees are negotiable. 8.C. OTHER FINANCIAL INDUSTRY AFFILIATIONS (1) Broker-Dealer ICMA-RC Services, LLC ("RC Services"), a wholly-owned subsidiary of ICMA- RC, is a registered broker-dealer and a member of the NASD which serves as the principal underwriter for The Vantagepoint Funds ("Fund"). RC Services does not charge separately for its services and does not execute an portfolio brokerage for Complete amended pages in full, circle amended items and file with execution page (page 1). Page 12 32/47 o • Schedule F of Form ADV Continuation Sheet for Form ADV Part II (ICMA-RC I 801-18273 I 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name ofapplicanl exactly as stated in Item IA of Part I of Form ADV: International City Management Association Retirement Corporation IRS Empl. [dent. No.: 23-7268394 Item of Form ' (identify) 8.C. (cont.) any portfolio or private client account managed by ICMA-RC. Costs of RC Services, which primarily include licensing fees for registered representatives, are reimbursed by entities that benefit from its activities, including ICMA-RC and its subsidiaries, Vantagepoint Investment Advisors, LLC (investment adviser to the Fund) and Vantagepoint Transfer Agents, LLC (administrator to the Fund). (2) Investment Companies ICMA-RC furnishes investment advice to the Trust and is affiliated with the Fund (see Item I.A. above for more information on the Trust and the Fund). Additional portfolios may be added to the Trust or the Fund in the future. (3) Investment Adviser As discussed in Item I.A. above, Vantagepoint Investment Advisers, LLC is a wholly-owned ICMA-RC-affiliated registered investment adviser which provides investment advice to the Fund. ICMA-RC has business and financial arrangements with VIA and other affiliated companies, which relate to accounting, finance, compliance, operations, allocation and payment of expenses and fund transfers between and among the affiliates. (9) Trust Company ICMA-RC is affiliated with The VantageTrust Company, a New Hampshire non- depository Banking Corporation which sponsors and maintains the VantageTrust, a group trust that provides for the commingled investment of assets of retirement and deferred compensation plans. The VantageTrust Company offers units of the VantageTrust, described in Item I.A. above. 9. PARTICIPATION OR INTEREST IN CLIENT TRANSACTIONS Mission Statement ICMA-RC's mission is to be the most trusted provider of financial services to state and local governments. In addition to the fiduciary duty which accompanies our status as a registered investment adviser, this mission creates a heightened responsibility. These fiduciary obligations are shared b all ICMA-RC Associates Complete amended pages in full, circle amended items and file with execution page (page 1). 33/47 0 • Schedule F of SEC File Number: I Date: Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part 1 or any other schedules.) I. Full name of applicant exactly as stated in Item I A of Part I of Form ADV: International City Management Association Retirement Corporation IRS Empl. [dent. No.: 23-7268394 Item of Form (identify) 9. (cont.) and ICMA-RC Associates are required to act in each client's best interests, subordinate their own interests to the interests of clients and avoid conflicts with client interests. ICMA-RC requires its Associates to take a proactive approach to ensuring not only a high quality of service, but also a high degree of confidentiality and professionalism in dealing with our clients and their interests. Associates of ICMA-RC shall promote the corporate mission while fostering an environment of professional courtesy and growth. This means diligently complying with the rules and regulations governing a financial services corporation, but it means more than technical compliance. It also means being careful, conscientious and clearly focused on the long-term interests of our clients. Conflicts of Interest ICMA-RC recommends investment in shares of the Trust directly to Plans, recommends investment in shares of the Trust or the Fund by Plan Participants through Guided Pathways and may recommend investments in the Trust or the Fund through VantagePlanning. ICMA-RC is affiliated with both the Trust and the Fund. When ICMA-RC recommends investment in the Trust or the Fund to Plans or Participants, a conflict of interest may exist because either ICMA-RC or VIA, its advisory affiliate, receives asset-based advisory fees from affiliated funds as long as the advisory client remains invested in Fund shares. However, Funds of the Trust are chosen by Plan Sponsors for inclusion in the investment offerings of the Plan. Participants who use the Managed Accounts version of Guided Pathways will pay both the asset-based asset allocation program fee, described in Item I.D. above, as well as the fees of any funds in which they are invested, some of which are affiliated with ICMA-RC and may pay advisory fees to VIA, ICMA-RC's affiliated adviser. Participants who use the Advice version of Guided Pathways may pay the fixed fee described in Item I.D. above, unless exempt, as well as the fund fees as discussed above. ICMA-RC believes Guided Pathways is a value-added service which helps Participants, on a discretionary or nondiscretionary basis, to determine how best to allocate their Plan investments among the options offered by their Plans. Similarly, VantagePlanning assists Participants in considering their investment options. ICMA-RC's advisory fees may be higher or lower than those Complete amended pages in full, circle amended items and file with execution page (page 1). Pagc 14 34/47 Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part I of Form ADV: International City Management Association Retirement Corporation IRS Empl. Ideal. No.: 23-7268394 Item of Form (identify) . 9. (cont.) charged by other investment advisers. Although RC Services, ICMA-RC's affiliated broker-dealer, effects sales of interests in the Trust advised by ICMA-RC and the Fund advised by VIA, the sales result in no additional compensation to the affiliated broker-dealer because it receives no commission or other remuneration as a distributor of the affiliated funds. All fees received by ICMA-RC and expenses associated with investment in the Trust, and potential conflicts of interest, are also disclosed in the relevant version of the RIG, the Trust's disclosure document described in Item I.D. above. Although not required to be published, the RIG is an extensive disclosure document that is modeled on the requirements of Form N1-A relating to investment companies registered under the Company Act. The appropriate version of RIG is given to all Public Employers prior to their contracting for any ICMA-RC service, and to Participants on an annual basis. An updated version is also mailed to all participating Public Employers and Participants annually. For purposes of this ADV brochure, ICMA-RC and VIA may be referred to collectively as the "Advisers". The Advisers may serve as investment manager to numerous client accounts as well as registered or exempt investment companies. The Advisers may give advice and take action with respect to any funds or accounts they manage, or for their own account, that may differ from action taken by them on behalf of other funds or accounts. The Advisers are not obligated to recommend, buy or sell, or to refrain from recommending, buying or selling any security that the Advisers, their affiliates or their respective Access Persons, as defined by the Company Act and by the Investment Advisers Act of 1940, as amended ("Advisers Act"), may buy or sell for their own accounts or for the accounts of any other client. The Advisers are not obligated to refrain from investing in securities held by funds or accounts that they manage except to the extent that such investments violate the "Code of Ethics and Standards of Professional Conduct" ("Code") adopted by the Advisers and the "Policy on Personal Investment Activity and Prevention of the Misuse of Inside Information" ("Policy") adopted by, among others, the Advisers, VantageTrust Company, the Trust, and the Fund. From time to time, employees and principals of the Advisers or an other related Complete amended pages in full, circle amended items and file with execution page (page 1). 35/47 ,J I'l Schedule F of Form ADV Continuation Sheet for Form ADV Part II IICMA-RC 801-18273 I 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part 1 of Forth ADV: IRS Empl. Ident. No.: International City Management Association Retirement Corporation 23-7268394 Item of Forth (identify) 9. (cont.) persons may have interests in securities owned by or recommended to the Advisers' clients. As these situations may represent a potential conflict of interest, the Advisers have adopted procedures relating to personal securities transactions and insider trading that are designed to prevent actual conflicts of interest. Code of Ethics and Standards of Professional Conduct The Code was adopted pursuant to Advisers Act Rule 204A-1 to ensure that the interests of Access Persons and Supervised Persons of the Advisers do not conflict with the interests of the Advisers' clients, including registered investment companies and their shareholders. It incorporates by reference the Policy which was adopted pursuant to Company Act Rule 17j-1 and Advisers Act Rule 204A-1. The Code also requires all ICMA-RC Associates to comply with ethical restraints relating to clients, including restrictions on giving gifts to, and receiving gifts from, clients in violation of the Advisers' gift policy and restraints on certain political activities relating to clients or prospects. A copy of the Advisers' Code is available to any client or prospective client upon request. The Policy governs the personal investing activities of "access persons" as that term is used in Rules 17j-1 and 204A-1, and is designed to prevent unlawful practices in connection with the purchase and sale of securities by access persons. Under the Policy, access persons are permitted to engage in personal securities transactions, but are required to report their personal securities transactions for monitoring purposes. The Policy restricts the purchase and sale of nonexempt Covered Securities by portfolio managers within five [5] days before or after execution of a transaction in any such security for the accounts of clients they manage other than the Vantagepoint Index Funds. Access Persons also may not engage in a personal transaction in any nonexempt Covered Security which they have actual knowledge is being purchased or sold, or recommended or considered for purchase or sale until five 5 days after the transaction is completed or the recommendation is withdrawn. All Access Persons are required to notify the CCO or the CCO's designee in order to pre-clear nonexempt personal securities transactions in nonexempt Covered Securities. All Access Persons must provide quarterly reports of their personal transactions within 30 days of the end of each calendar quarter which may consist of monthly brokerage statements for all accounts in which they have a beneficial interest timely submitted to the CCO or the CCO's designee. In addition, Access Persons must direct their brokers to provide Compliance with copies of all Complete amended pages in full, circle amended items and file with execution page (page 1). Page to of Z/ 36/47 o • Schedule F of I Applicant: Form ADV Continuation Sheet for Form ADV Part II IICMA-RC 1 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name ofapplicant exactly as stated in Item 1 A of Part I of Forrn ADV: International City Management Association Retirement Corporation IRS Empl. Ideal. No.: 23-7268394 Item of Form (identify) 9. (cont.) brokerage confirmations relating to all personal securities transactions in which they have a beneficial ownership interest. A copy of the Policy is on file with the SEC and available to the public. Insider Tradinl> Policy The Advisers, and their related persons may, from time to time, come into possession of material nonpublic and other confidential information which, if disclosed, might affect an investor's decision to buy, sell or hold a security. Under applicable law, the Advisers and their related persons may be prohibited from improperly disclosing or using such information for their personal benefit or for the benefit of any other person, regardless of whether such other person is a client of the Advisers. Accordingly, should such persons come into possession of material nonpublic or other confidential information with respect to any company, they may be prohibited from communicating such information to, or using such information for the benefit of, their respective clients, and have no obligation or responsibility to disclose such information to, nor responsibility to use such information for the benefit of, their clients when following policies and procedures designed to comply with law. The Policy includes provisions for Prevention of the Misuse of Inside Information by the Advisers' Supervised Persons as required by Advisers Act Section 204A. Among other things, these provisions include procedures for protecting and maintaining confidential information. Any Associate of the Advisers as defined in the Code or Access Person as used in the Policy who fails to observe the above-described policies and procedures risks serious sanctions, including dismissal and personal liability. 11. ACCOUNT REVIEWS AND REPORTING 11.A. Account Reviews All discretionary private accounts and/or mutual funds are reviewed on an ongoing basis. The Advisers assign a portfolio manager to each client account, subject to continuous review and monitoring by the portfolio management team. Senior management reviews transactions periodically, as deemed necessary. Complete amended pages in full, circle amended items and file with execution page (page 1). I Page 17 of 27 37/47 Schedule F of Form ADV Continuation Sheet for Form ADV Part II ICMA-RC 1 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Farm ADV Part I or any other schedules.) I. Full name ofapplicant exactly as stated in item IA of Part I of Form ADV: IRS Empl. [dent. No.: International City Management Association Retirement Corporation 23-7268394 Item of Forth (identify) For Managed Accounts, ICMA-RC receives portfolio reviews at least quarterly from its IFE, and account rebalancing recommendations at least annually. ICMA- RC's Portfolio Compliance Committee reviews the reports and recommendations provided by the IFE as well as applicable securities laws and regulations. Portfolio performance is monitored at least quarterly by ICMA-RC. 11.B Account Reoortina Formal reports outlining portfolio holdings and account performance are provided for Managed Accounts by ICMA-RC at least quarterly. These statements are mailed to all Participants in Managed Accounts and are also available on-line at the request of the Participant. 12.A. & B. INVESTMENT OR BROKERAGE DISCRETION Generally, ICMA-RC does not have discretionary authority with respect to its retirement and financial planning services. However, ICMA-RC does exercise discretion over the PLUS Fund, certain separate accounts with a stable value fund option and Managed Accounts portfolios to make the following determinations without client consultation or consent prior to effecting each transaction: ❑ which Plan-eligible mutual fund or private fund securities are to be bought or sold (for the PLUS Fund this is pursuant to previously disclosed investment parameters). ❑ the total amount of such securities to be bought or sold ❑ the issuer, broker or dealer through whom securities are to be bought or sold ❑ the commission rates at which such transactions are effected, to the extent that commissions are applicable. However, with respect to each discretionary account, ICMA-RC's authority is subject to various limits, including Plan-eligible funds and client investment objectives, policies and restrictions. These limitations may be based on a variety of factors, including regulatory constraints and policies imposed by a Plan or its trustees. Moreover, with respect to the separate accounts with a stable value fund option, ICMA-RC delegates all day-to-day discretionary management responsibility to a subadviser, who makes these discretionary decisions. Complete amended pages in full, circle amended items and file with execution page (page 1). Page 18 of 27 38/47 0 • Schedule F of Form ADV Date: Continuation Sheet for Form ADV Part II (ICMA-RC I 801-18273 I _ 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) 1. Full name ofapplicant exactly as stated in Item IA of Part I of Form ADV: International City Management Association Retirement Corporation IRS Empl. [dent, No.: 23-7268394 Item of Form (identify) 12.A. & B. (cont.) With respect to investment company clients, applicable investment policies and limitations are generally set forth in the fund's registration statement and other governing documents. Selection Criteria for Brokers and Dealers In arranging for the purchase and sale of clients' portfolio securities, ICMA-RC take into consideration any legal restrictions, such as those imposed under the securities laws, and client objectives. Within these constraints, ICMA-RC may deal with fund issuers, members of securities exchanges and other brokers and dealers which, in its judgment, implement the policy of seeking best execution of portfolio transactions. ICMA-RC's overriding objective in selecting brokers and dealers and in effecting portfolio transactions is to seek to obtain the best combination of price and execution with respect to clients' portfolio transactions. The best net price, giving effect to brokerage commissions or spreads, if any, and other transaction costs, is normally an important factor in this decision, but a number of other judgmental factors may be considered when relevant. With respect to the purchase or sale of Plan-eligible open-end mutual funds, shares are sold at Net Asset Value on a no load basis which eliminates the search for lowest commission rates. Since commissions are rarely, if ever, a factor in the purchase of Plan-eligible investments, ICMA-RC does not generally look to the usual panoply of factors relating to best execution and does not generally take brokerage research into consideration when making investment decisions for its discretionary client accounts. Commission Rates or Equivalents Policy ICMA-RC endeavors to be aware of current charges of eligible broker-dealers and to minimize the expenses incurred for effecting portfolio transactions to the extent consistent with the interests and policies of their accounts. However, ICMA-RC will not select broker-dealers solely on the basis of "posted" commission rates nor always seek in advance competitive bidding for the most favorable commission rate applicable to any particular portfolio transaction. Although ICMA-RC generally seeks competitive commission rates, it will not necessarily a the lowest Complete amended pages in full, circle amended items and file with execution page (page 1). Page 19 39/47 ® • Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part I of Form ADV. International City Management Association Retirement Corporation IRS Hmpl. [dent. No.: 23-7268394 Item of Form (identify) 12.A. & B. (cont.) commission or commission equivalent. Transactions may involve specialized services on the part of the broker-dealer involved resulting in higher commissions or their equivalents than would be the case with transactions requiring more routine services. The reasonableness of commissions is based on the broker's ability to provide professional services, competitive commission rates, research, and other services, which will help ICMA-RC in providing investment management services to clients. ICMA-RC reserves the right to, and may, use a broker who provides useful research and securities transaction services even though a lower commission may be charged by a broker who offers no research services and minimal securities transaction assistance. Cross Tradine Policy To the extent that ICMA-RC crosses transactions for any U.S. registered investment company with any other discretionary client account, ICMA-RC will comply with the requirements of 1940 Act Rule 17a-7. ICMA-RC does not currently engage in Principal or Agency Cross Transactions. Batch Transaction and Allocation Policy ICMA-RC is not required to engage in batch transactions. However, ICMA-RC may batch purchase and sale transactions. To the extent that a batch order is placed for shares of mutual funds, such transactions are completely filled for all participating accounts on the date of the transaction. In addition, since the mutual funds included in the Plans are no-load funds, ICMA-RC is not required to pro rate commissions across accounts participating in a batch transaction. Client-Directed Brokeraae Transactions Clients are not permitted to direct ICMA-RC to use specified brokers in performing portfolio transactions. Client direction may result in higher commissions, greater spreads, or less favorable net prices than might be the case if ICMA-RC negotiates commission rates or spreads freely, or selects brokers or dealers based on best execution. Complete amended pages in full, circle amended items and file with execution page (page 1). I Page 20 40/47 Schedule F of Form ADV Continuation Sheet for Form ADV Part 11 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part 1 or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part I of Form AD V: International City Management Association Retirement Corporation IRS Empi. Ideni. No.: 23-7268394 Item of Form (identify) 12.A. & B. (cont.) Research/Execution Policy Although transactions executed on behalf of ICMA-RC client accounts rarely, if ever, result in commissions, ICMA-RC has the right, consistent with the duty to seek best execution, to direct brokerage commissions on accounts' portfolio transactions to broker-dealers in recognition of research furnished by them, as well as for services rendered in the execution of orders by such broker-dealers. The commissions used to acquire research in these arrangements are known as "soft dollars." Under an SEC interpretation, the term "commission" includes a markup, markdown, commission equivalent or other fee paid by a managed account to a dealer for executing a transaction where the fee and transaction price are fully and separately disclosed on the confirmation and the transaction is reported under conditions that provide independent and objective verification of the transaction price by a self-regulatory organization. As a result, fees charged in relation to certain NASDAQ-reported riskless principal transactions are eligible for use in soft dollar arrangements in addition to traditional agency commissions charged on equity securities transactions. Broker-dealers typically provide a bundle of services which include research and execution. The research provided can be either proprietary (created and provided by the broker-dealer, including tangible research products as well as access to analysts and traders) or third-party (created by a third party but provided by broker- dealer). A statutory "safe harbor" allows ICMA-RC to use soft dollars to acquire either type of research. At this time, ICMA-RC does not use soft dollars to acquire any research. H.A. ADDITIONAL COMPENSATION ICMA-RC maintains a commission recapture program with certain brokers. Under the program, a percentage of commissions generated by the Vantagepoint Equity Funds' portfolio transactions are credited to those funds. These amounts are solely used to benefit the funds. Some of the mutual funds that serve as the underlying portfolios of certain Trust funds pay ICMA-RC for subaccounting and other related services. Those amounts are used to defray expenses of providing the administrative services to those articular Trust funds. Complete amended pages in full, circle amended items and file with execution page (page 1). Page 21 41/47 Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part I of Form ADV: International City Management Association Retirement Corporation IRS Empl. Ident. No.: 23-7268394 Item of Form (identify) 13.13. REFERRAL ARRANGEMENTS ICMA-RC has an arrangement with the Michigan Municipal League ("MML") under which MML facilitates ICMA-RC's access to MML members and their employees for the purpose of education and training. ICMA-RC could potentially garner new business or increased participation in the retirement plans it administers as a result of these education and training programs, which in turn would result in increased gross revenue to ICMA-RC. ICMA-RC pays MML, as compensation for MML's services, a fixed monthly dollar amount, plus expenses, without regard to any new business or increased participation in ICMA-RC-administered plans that may have resulted, directly or indirectly from the education and training seminars. ICMA-RC has established relationships with First USA Bank for its affinity credit card program and with M&T Bank for enrollment and information services in connection with ICMA-RC's 457 Deferred Compensation Program. Before any additional third party relationships are added, they must be approved by the Board of Directors of ICMA-RC. ICMA-RC may also compensate Associates who are IARs for investment advisory client referrals under Guided Pathways. Any such arrangements would conform to the terms and conditions of Advisers Act Rule 206(4)-3 and will not increase the service fee assessed to an advisory client. Notice of Privacy NOTICE OF PRIVACY POLICY Policy Protecting investor's privacy is critically important to ICMA-RC. In providing financial services and investment products to investors, we collect certain nonpublic personal information about those investors. Our policy generally is to keep this information strictly confidential, and to use or disclose it as needed to provide services to investors, or as permitted or required by law or by the investor. Our privacy policy applies equally to our former customers and investors, as well as individuals who simply inquire about the services or investments we offer. We may change this privacy policy in the future upon notification to investors. Information We Collect The nonpublic personal information we have about investors includes information Complete amended pages in full, circle amended items and file with execution page (page 1). Page 22 42/47 9 • Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name of applicant exactly as stated in Item I A of Part 1 of Form ADV: IRS Empl. Ident. No.: ' International City Management Association Retirement Corporation 23-7268394 Item of Form (identify) _ investors give us when they open an account, invest in The Vantagepoint Funds, or write or call us, such as an investors name, address, Social Security Number, employment, investment objectives and experience, financial circumstances, and investment transactions and holdings. Information We Disclose We disclose nonpublic personal information about investors to our affiliates, and to outside firms that help us provide services to investors, for use only for that purpose. We may also disclose nonpublic personal information to nonaffiliated third party financial institutions with whom we have established relationships, such as financial institutions that offer our affinity credit card program, or to other institutions with which we may establish relationships in the future in order to offer select financial products of interest to our customers. An investor has the right to stop us from disclosing nonpublic personal information about the investor to these parties, except as permitted or required by law. To do so, call us toll free at 1-800- 827-2710. If an investor does not notify us that they wish to block disclosure of this nonpublic personal information, we will allow information to be sent to investors from all third party financial institutions with which we have established relationships. Currently, ICMA-RC has established relationships with First USA Bank for its affinity credit card program and with M&T Bank for enrollment and information services in connection with ICMA-RC's 457 Deferred Compensation Program. Before any additional third party relationships are added, they must be approved by the Board of Directors of ICMA-RC. Once approved, ICMA-RC will notify investors of any additional third party relationships in future publications of this privacy policy. How We Safeguard Your Information We restrict access to nonpublic personal information about investors to those persons who need to know it or who are permitted or required by law or by the investor to receive it. We maintain physical, electronic and procedural safeguards to protect the confidentiality of investor information. Summary of Proxy SUMMARY OF PROXY VOTING POLICIES AND PROCEDURES Voting Policies and Procedures Guiding Principles: It is the policy of ICMA-RC to vote all proxies for the Complete amended pages in full, circle amended items and file with execution page (page 1). Page 23 of 27 43/47 Schedule F of SEC File Number: I Date: Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part 1 or any other schedules.) 1. Full name of applicant exactly as stated in Item IA of Part] of Form ADV: International City Management Association Retirement Corporation IRS Empl. Ident. No.: 23-7268394 Item of Form (identify) exclusive benefit of and in the best economic interests of its clients, that is, in the manner that ICMA-RC believes most likely to maximize total return to clients as investors in the securities being voted. Scope: The policies cover proxies in respect to securities held by the collective investment portfolios ("Trust Portfolios") established and maintained by the VantageTrust Company ("Trust Company") for the investment and reinvestment of the assets of public sector employee benefit plans and certain other eligible investors, which ICMA-RC is authorized to vote under the Master Agreement between ICMA-RC and the Trust Company. The policies also cover the accounts of Plan Participants which are managed on a discretionary basis in the Managed Accounts program offered by ICMA-RC through Guided Pathways. Currently, the only voting securities held by the Trust Portfolios are shares of mutual funds. Managed Accounts may include both mutual funds and shares of private funds. ICMA-RC does not have or exercise authority to vote proxies on behalf of advisory clients other than the Trust Company and Managed Accounts. Administration of Policies: ICMA-RC has established a Proxy Voting Committee comprised of members of the staff of its Investment Division and Legal Department ("Committee"). The Committee is responsible for overseeing and updating these policies as may be appropriate from time to time. ICMA-RC's Investment Division is responsible for overseeing and administering the voting of client proxies. The Investment Division's responsibilities include identifying any material conflicts of interest on the part of ICMA-RC or its personnel that may affect particular proxy votes and resolving any material conflicts identified in consultation with ICMA-RC's Legal Department; analyzing and evaluating particular proposals presented for vote; determining when and how client proxies should be voted other than in accordance with the general rules and criteria set forth below under "Proxy Voting Guidelines"; implementing procedures reasonably designed to ensure that proxies are received and voted in a timely manner; and making and keeping all required records with respect to proxies voted by ICMA-RC. Conflicts of Interest: Both the Trust Portfolios and Managed Accounts may invest in, among other things, shares of The Vantagepoint Funds, a series fund sponsored b ICMA-RC and for which wholly-owned subsidiaries of ICMA-RC serve as Complete amended pages in full, circle amended items and file with execution page (page 1). Page 44/47 0 • Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name of applicant exactly as stated in Item IA of Part I of Form ADV: International City Management Association Retirement Corporation IRS Empl. Idenl. No.: 23-7268394 Item of Form (identify) investment adviser, transfer agent and distributor, and (2) shares of a number of other mutual funds that are not affiliated with ICMA-RC ("Third-Party Funds"). To avoid conflicts or the appearance of conflicts between the interests of ICMA-RC and its affiliates and the interests of its client, the Trust Company, and the beneficial owners of interests in the Trust Portfolios, ICMA-RC will not exercise its authority to decide how to vote proxies with respect to shares of The Vantagepoint Funds held by the Trust Portfolios or Managed Accounts. Instead, ICMA-RC will seek instructions on how to vote those proxies from the Board of Directors of the Trust Company, and will cast the votes in accordance with the instructions received. A majority of the members of the Trust Company's Board of Directors are independent of ICMA-RC. To the extent that Participants in Managed Accounts object to voting their shares of The Vantagepoint Funds in accordance with the directions of the Board of Directors of the Trust Company, such Participants may make arrangements to vote their own proxies. With respect to proxies relating to shares of Third Party Funds, ICMA-RC's Investment Division will screen the proxies to seek to identify any material conflicts of interest on the part of ICMA-RC. Conflicts of interest could arise from a variety of circumstances, including, but not limited to, significant current or potential business relationships between ICMA-RC and the sponsor, investment adviser or distributor of a Third Party Fund or certain personal or business relationships between ICMA-RC personnel and a Third Party Fund or such fund's investment adviser, distributor or sponsor. In evaluating the materiality of conflicts of interest, the Investment Division will consult with the Legal Department. Generally, a conflict of interest arising as a result of a current or prospective business relationship between ICMA-RC and another. party with an interest in the outcome of the proxy vote will not be considered material if ICMA-RC did not receive more than 1% of its total revenues during its last fiscal year as a direct result of services provided by ICMA-RC to that party and does not reasonably expect to receive the same or a higher percentage of its total revenues from that business relationship in its current fiscal year. In addition, ICMA-RC does not treat the adviser/subadviser, custodial or other service provider relationships between its subsidiary, Vantagepoint Investment Advisers, LLC, and/or The Vantagepoint Funds and the various third party subadvisers or other service providers to The Vantagepoint Funds that are not part of the ICMA-RC organization as creating a material conflict of interest in connection with the voting of proxies in respect to Complete amended pages in full, circle amended items and rile with execution page (page 1). Page 25 45/47 9 • Schedule F of I Applicant: I SEC File Number: I Date: Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) I. Full name ofapplicanI exactly as stated in Item IA of Pan I of Form AD V: International City Management Association Retirement Corporation IRS Empl. Ident. No.: 23-7268394 Item of Font (identify) the shares of a Third Party Fund that uses one or more of the same service providers. In the event the Investment Division determines there is a material conflict of interest that may affect ICMA-RC's judgment on a particular vote, ICMA-RC may vote the proxy only if ICMA-RC's Proxy Voting Guidelines specify how such matters generally will be voted, i.e., the guidelines state that votes generally will be cast "for," "against" or "abstain" on that type of proposal. If the Guidelines do not indicate how the vote should be cast, ICMA-RC either will seek voting instructions or a waiver of the conflict from the Board of Directors of the Trust Company, vote the Trust Portfolios' shares in the same proportion as the vote of all other holders of such security (if this option is available to ICMA-RC) or refrain from voting. In addition to the choices previously identified, Managed Accounts clients may make arrangements to vote their own shares of any Third Party Fund with respect to which the Investment Division has identified a material conflict of interest. When ICMA-RC Will Not Vote Proxies: ICMA-RC may not vote client proxies in certain circumstances, including situations where (a) the securities are no longer held in the client's account; (b) the proxy and other relevant materials are not received in sufficient time to allow adequate analysis or an informed vote by the voting deadline; or (c) ICMA-RC concludes that the cost of voting the proxy is likely to exceed the expected benefit to the client. Maintenance of Proxy Voting Record: As required by Advisers Act Rule 204-2, ICMA-RC will maintain the following records relating to proxy voting for a period of at least six years: (i) a copy of these policies, as they may be amended from time to time; (ii) copies of proxy statements received regarding client securities, unless these materials are available electronically through the SEC's EDGAR system; (iii) a record of each proxy vote cast on behalf of its clients; (iv) a copy of any internal documents created by ICMA-RC that were material to making the decision how to vote proxies on behalf of its clients; and (v) each written client request for information on how ICMA-RC voted proxies on behalf of the client and all written responses by ICMA-RC to oral or written client requests for such proxy voting information. Complete amended pages in full, circle amended items and file with execution page (page 1). Yage 2b of 2 / 46/47 0 0 Schedule F of Form ADV Continuation Sheet for Form ADV Part II 801-18273 1 7/28/06 (Do not use this Schedule as a continuation sheet for Form ADV Part 1 or any other schedules.) I. Full name of applicant exactly as stated in Item I A of Part I of Farm ADV: International City Management Association Retirement Corporation IRS Empl. Ident. No.: 23-7268394 Item of Form (identify) Disclosure: ICMA-RC will provide its clients a summary of these policies, either directly or by delivering to each client of a copy of this ADV brochure summary. Clients may obtain a copy of the full text of ICMA-RC's Proxy Voting Policies and a record of how ICMA-RC has voted the client's proxies by calling the number which appears on the face of this ADV brochure. A copy of these materials will be provided promptly to clients on request. Complete amended pages in full, circle amended items and file with execution page (page 1). Page 27 of 27 DCDB0120788924.12 27-Jul-061743 47/47