2021-09-27 Ex 03ORDINANCE NO. 1239
AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER
AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES'
RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE
1141; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY;
AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS;
AMENDING SECTION 15, MINIMUM DISTRIBUTION OF BENEFITS;
AMENDING SECTION 25, REEMPLOYMENT AFTER RETIREMENT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY
OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee General employees are presently provided
pension and certain other benefits under Ordinances of the City of Okeechobee;
and
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority
vote of the City Council; and properly executed by the Mayor or designee, as
Chief Presiding Officer for the City:
SECTION 1: That the City of Okeechobee General Employees' Retirement System,
restated pursuant to Ordinance No. 1141, as amended, is hereby further amended by
amending Section 6, Benefit Amounts and Eligibility, subsection 5, Required Distribution
Date, to read as follows:
5. Required Distribution Date. The Member's benefit under this Section must
begin to be distributed to the Member no later than �^r;� �^f +ho �,�o,,,��r
yv�r f�ll��niinn �ho I��oGi -v�t�: +.�T�n���r i-ar- i avi�i� ttil.�v�v�-�rrvc�accairnr.ci
1
i�r�Rtes �m�Tr�t�t�e—Si�� the Member's required beqinninq
date, as provided under Section 15.
SECTION 2: That the City of Okeechobee General Employees' Retirement System,
restated pursuant to Ordinance No. 1141, as amended, is hereby further amended by
amending Section 10, Optional Forms of Benefits, subsection 5.E., to read as follows:
5.E. The Member's benefit under this Section must begin to be distributed to
the Member no later than �"'r'I � r.f +ho .�-�IoY,rJ-�r �io�r fnll��eiinry +ho I�+or r.f
/ 7(11 / r tt�l: �T� ncrra a��" r i-rn--rrr� "w�r�'r����ti.�--r�vT�v�c�c� rci `�"T-rirr'cr+c�.rcn r' ��prvyr`�"rrc�-r"rc
��,;+h +ho �;+., the Member's required beginninq date, as provided under
Section. 15.
SECTION 3: That the City of Okeechobee General Employees' Retirement System,
restated pursuant to Ordinance No. 1141, as amended, is hereby further amended by
amending Section 15, Minimum Distribution of Benefits, subsection 2.A., and subsection
2.B.(1), to read as follows:
2.A. Required Beginning Date. The Member's entire interest will be distributed,
or begin to be distributed, to the Member no later than the Member's
required beginning date. �c�-i�„�" n^+ ho ������hon onr,� �„f �
n�lonrJ.�r �io�r f�ll��eiinry +ho I.��or .,f +ho n.�lonrJ.�r �io.�r in �.�hinh +ho �Aomhor
�#oir�c or�o c�����o_holf /7(1 �/�� ,�T�r�crraar� or�iTcn +cn�
nn�����o,� omr�In�imon+�T r`;+„• For a Member who attains
age seventv and one-half (70 '/2) prior to January 1, 2020, the Member's
required beqinninq date is April 1 of the calendar year followinq the later of
(i) the calendar vear in which the Member attains age seventy and
one-half (70 '/2) or (ii) the calendar year in which the Member terminates
employment with the Citv. For a Member who attains aqe seventv and
one-half (70 '/2) on or after January 1, 2020, the Member's required
Language �iske� to be tleletetl
Language underlined to be added
Ordinance No. 1239, Page 1 of 3
beqinninq date is April 1 of the calendar year followinq the later of (i) the
calendar year in which the Member attains aqe seventv-two (72, or ii the
calendar year in which the Member terminates employment with the Citv.
2.B.(1) If the Member's surviving spouse is the Member's sole designated
beneficiary, then distributions to the surviving spouse will begin by
December 31 of the calendar year immediately following the calendar year
in which the Member died, or by a date on or before December 31 of the
calendar year in which the Member would have attained age 70 '/2 or a e
72 for a Member who would have attained age 70 '/z after December 31,
2019 , if later, as the surviving spouse elects.
SECTION 4: That the City of Okeechobee General Employees' Retirement System,
restated pursuant to Ordinance No. 1141, as amended, is hereby further amended by
amending Section 25, Reemployment After Retirement, subsections 2., 3., and 4., to
read as follows:
2. After Normal Retirement. Any Retiree who is retired under normal
retirement pursuant to this System and who is reemployed as a General
Employee after that Retirement and, by virtue of that reemployment, is
eligible to participate in this System, shall upon being reemployed
continue receipt of benefits if he is at least age c��+��-+���^ ��" fifty-nine and
one-half (59'/2), otherwise the System shall discontinue receipt of benefits
until he reaches age c��+��-+�•�^ ��`" fifty-nine and one-half (59'/2�. Upon
reemployment, the Retiree shall be deemed to be fully vested and the
additional Credited Service accrued during the subsequent employment
period shall be used in computing a second benefit amount attributable to
the subsequent employment period, which benefit amount shall be added
to the benefit determined upon the initial retirement to determine the total
benefit payable upon final Retirement. Calculations of benefits upon
Retirement shall be based upon the benefit accrual rate, Average Final
Compensation, and Credited Service as of that date (not including any
period of DROP participation) and the retirement benefit amount for any
subsequent employment period shall be based upon the benefit accrual
rate, Average Final Compensation, and Credited Service as of the date of
subsequent retirement (based only on the subsequent employment
period). The amount of any death or disability benefit received as a result
of a subsequent period of employment shall be reduced by the amount of
accrued benefit eligible to be paid for a prior period of employment. The
optional form of benefit and any joint pensioner selected upon initial
retirement shall not be subject to change upon subsequent retirement
except as otherwise provided herein, but the Member may select a
different optional form and joint pensioner applicable to the subsequent
retirement benefit.
3. Any Retiree who is retired under normal retirement pursuant to this
System and who is reemployed by the City after that Retirement and, by
virtue of that reemployment is ineligible to participate in this System, shall,
during the period of such reemployment, continue to receive retirement
benefits previously earned if he is at least age c��+��-+�^�^ ���` fifty-nine and
one-half (59'/2�, otherwise the System shall discontinue receipt of benefits
until he reaches age c��+��-+�•�^ ��`" fifty-nine and one-half (59'/2). Former
DROP participants shall begin receipt of benefits under these
circumstances.
4. After Early or Disability Retirement. Any Retiree who is retired under early
or disability retirement pursuant to this System and who subsequently
becomes an employee of the City in any capacity, shall discontinue receipt
of benefits from the System until the earlier of termination of employment
or such time as the reemployed Retiree reaches age c��+„_+,.,,, ����
fiftv-nine and one-half (59'/2�. A Retiree who returns to work under the
provisions of this Section shall not be eligible for membership in the
System, and, therefore, shall not accumulate additional Credited Service
for subsequent periods of employment described in this Section, shall not
Language �iske� to be tleletetl
Language underlined to be added
Ordinance No. 1239, Page 2 of 3
be required to make contributions to the System, nor shall he be eligible
for any other benefit other than the Retiree's early retirement benefit when
he again becomes eligible as provided herein. Retirement pursuant to an
early retirement incentive program shall be deemed early retirement for
purposes of this Section if the Member was permitted to retire prior to the
customary retirement date provided for in the System at the time of
retirement.
SECTION 5: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 6: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 7: If any section, subsection, sentence, clause, phrase of this ordinance, or
the particular application thereof shall be held invalid by any court, administrative
agency, or other body with appropriate jurisdiction, the remaining section, subsection,
sentences, clauses, or phrases under application shall not be affected thereby.
SECTION 8: That this Ordinance shall become effective upon adoption.
INTRODUCED on first reading and set for public hearing this 7t" day of September
2021.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, City Clerk
PASSED on second reading after public hearing this 27t'' day of September 2021.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Language �iske� to be tleletetl
Language underlined to be added
Ordinance No. 1239, Page 3 of 3
Law Offices
!��1fi1��1c111S�� � � ��! n�r, �'�.�.�
Scott R. Christiansen
63 Sarasota Center Bls�d. Suitc 107
Sarasota, Florida 3=�2�}0
941-377.2200
Fax 941-377-4848
H. Lee Dehner
(1952-2029)
June 23, 2021
Via E-MaiE: Gritter(�Ocitvofokeechobce com
Mr. Gary Ritter
City Adminis[rator
City of Okeechobee
55 S.E. 3rcl Avenue
OkeeclYobee, FL 34974-2032
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Re: Ci[y oC Okeechobee Genera( En�ployees' Relireinent System - Proposed Ordinance
Dear Mr. Rit[er:
As you know, I represent the Board of Trustees of yaur City of Okeechobee General Employees'
Retirement System. Eiiclosed please find a proposed ordinance amending the City of C?keechobee General
Employees' Retirement System that has been approved by the $oard a«d recommended for adoption by the
City Council. This ordinance makes �(ie follo�vinb sub�ested revisions and chan;;es:
l. Seetion 6, 13eiietit Amounts and Eligibility, Secti�n l0, Opt�onal Fo��ns �f Benefits, and
Section 1�, Minimum Distribution of Senetits are al( being amended to provide for recent
chan��es to the lnternal IZevenue Code (1RC) changin� the rec}uired distribution age from
70%: to age 72.
Section 2�, Reemployment Aftec Retirement, is l�eing amended is bein� amended to provide
that nonnal or early retirees �vho are reemployed by the City m3y continue receipt of their
benefics if or when they l�ave reached abe �9% . This reductian from age 62 is a change in
accorda�jce ��ith recent clianges lo tlie IRC.
I have enclosed a copy o(' a letter from the Boarc!'s actuaiy, Gabriel Roeder Smith & Company,
indicatin� tl�at there is no impact in connection �aith the adoption of [his ordinance. If you or any member
ofyour staff have any questions �vith reLard to this ordinance, plense feel free to Sive me a ca11. In addition,
il'you feel it �vould be appropriate for «�e to be presenl at Nie meeling at ���l�ich this ordinance is considered
by the City Council, please contact my oFfice to advise me of the date that the ordinance i��ould be
considered.
Yours v truly,
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�'c�'.� ^,'e""
Scait R. Cl�ristiansen
SRCldm
eiielasui-e
E-copy: Kyle Tii�tle, with enclosures
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March 31, 2021
Ms. Kyle Tintle
Resource Centers, LLC
4360 Northlake Bivd
Suite 206
Palm Beach Gardens, Fforida 33410
F: 1:r1.=�?.7,lKz1G f�:9'.i4.a7.',i.()�P.3 i ��r�:.v:.��r�ccnst�Itin�Lqm
Re: City of Okeechobee Genera{ Employees' Retirement System
Actuarial impact Statement
Dear Kyle:
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As requested by Scott R. Christensen, Esq., we have performed an actuarial review of the
proposed Ordinance (copy attached).
Based upon our review, the proposed Ordinance:
➢ Amends the required beginning date in compliance with the Setting Every Community
Up for Retirement Enhancement ("SECURE") Act
➢ Amends reemployment after retirement to compiy with the Internal Revenue Code (IRC).
� Provides for codification.
➢ Repeals all Ordinances or parts of Ordinances in conflict herewith.
➢ Provides for severability.
� Provides for an effective date.
In our opinion, based upon the actuarial assumptions and methods employed in the October 1,
2020 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our understanding
of State minimum funding requirements.
Please provide a signed copy of the Ordinance upon adoption for our records.
If you should have any question concerning the above, please do not hesitate to contact us.
Sincerest regards,
! , G�;�.L(/�C _ �
5helly L. Jones, A.S.A. � � ��C� �`''�� "-~� �M`�,
Consultant and Actuary ` � �`� :; ; �
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Enclosure L1 `' � �. �'1 "�'l
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cc: Scott R. Christensen, Esq. �� �i r�h v'
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Meeting May 3, 2021 Page 2 of 3
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Mr. McCann replied the Policy states 4 consecutive quarters of not beating the index is when a fund will
be discussed to be replaced. !f a fund is underperforming he puts them on a watch list and brings it to
the attention of the Board, but will only replace a fund at the directfon of the Board. Mr. Christiansen
stated the Board must declare the expected rate of return; which was 7% in the Valuation.
lohn 2eigter made a motion, based on the advice af the investment consultant, the Board expects to
ach€eve a 7% return for the next year, the next several years, and the long term thereafter. The
motion received a second from Donna Noward, approved by the Trustees 4•0.
S. Attornev Report lScott Christiansen)
Mr. Christiansen reported the tegislative sessfon ended without any bitls impacting pens"son plans. He
reminded the Trustees their financial disclosure forms must be submitted by )uly 15` and there is a steep
fine for not ha�ing the forms fileci. Mr. Christiansen explained to John Zeigler as a new Trustee the form
1 wil) not be mailed to his home but it can be obtained online, due to changes in the IRS codes, Mr.
Christiansen will need to write an amendment to an ordinance for the Plan increasing the age for a
required minimurri distribution (RMD} to 72 from 70 1/2, In addition, Mr. Christiansen reported it is
time to update tf�e Summary Plan Description (SPO) for the Board to review, if the Trustees agree,
Melissa lienry made a rnotion to authorized Mr. Chrtstiansen to draft an ordinance refiecting the IRS
tax changes to the Plan. The motion received a second from Donna Noward, approved by the
Trustees 4•0.
Melissa Ftenry made a motion ta authorized Mr. Christiansen to update the Summary Plan
Descriptian. The motion recelved a second from John Zelgler, approved by the Trustees 4-0.
6. Administrator Report (Scott Baur)
Mr. 8aur confirmed the FPPTA conference will be held in person, at Champions Gate in Orlando, on June
2� — 30`h but as of today there were no particulars as to content. He asked if any Trustee is interested in
attending the conference to make their hotel reservation and submit the confirmation information ta
The Resource Centers for payment. Once the hotel confirmation has been rece(ved the Trustee will be
registered for the conference. Ms. Tintle noted she was advised of Michele Clanton's unavailabillty for
this meeting as she was out of town on vacation. 5he congratulated Melissa Henry on successful{y
passing the Advanced Exam for Cer#ification in the CPPT Program.
The interim financial staternents were presented and received by the Board. The Trustees reviewed the
Warrant dated May 3, 2021.
Melfssa Henry made a matlon to ratify the May 3, 2021 Warrant. The motion rece(ved a second from
Donna Howard. 7he motian was unantmously approved by the Trustees of the General Employee's
Plan, 4-U.
.. . ..... . ..... ... _.. _... ._ ..._ ....._._ __. ..._.. _....
The New member acknawledgement for lennlfer Rosas-Pelcastre was received by the Board and will be
filed. 7he 8oard reviewed the benefits for Teresa Garcfa's retlrement and Nancy Sue Christopher to
_ ..._. .__...___enterthe�DROP-plan: -___.__. ._..._._. __ ..----....__. __......- ---._.._ .._._ _._. . ___--- .._._._. .._. ._..- — — -- __. -- —.. .....
Mel(ssa Henry made a motion to approve the beneffts as presented. The mot(on received a second
from John Zetgler, approved by the Trustees 4-0.
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NE�iI�SMEDI�! INC. USt�
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Lake Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken Muros, who on oath says she is the Publisher of
the Lake Okeechobee News, a weelcly Newspaper published
in Okeechobee County; � Florida, that the attached copy of an
}�..r A ' ���.i �
advertisement being a �� ', �= ;H � c . � q�°� `� �� n---`�--'
f ' ��, � ��8
in the matter of �_ �'��' -s`�. i v-�, ��'', i; ;� _; -�� ti, r.''"�-:i �, :, I
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'���� <<� ��lii�'�.<�"� � � � ".�r��� ) � � � j��`�-��rC .�i �^=�;Y� s`��-�`�
in the f 9th Jua�cial District of the Circuit Court of Olceechobee
County, Florida, was published in said newspaper in the issues of
a` ` i � � —�. � N� �:�.,��"� v'
Affiant further says that the said Lake Olceechobee News is a
newspaper published at Olceechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisernent for publication in the said newspaper. �
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Katrina Elsken Muros
Sworn to and subscribed before me by means of �- -pliysical
presence or online notarir.ation,.this �.., �
� C':�'. "s. 9' �. day of �;F . ����.: e e o� "� :;> r t :�.�� �� e!�� ` _AD
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Notary Public, State of Florida at Large
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PUBLIC NOTI(f
CONSIDERATION OF ADOPRNG ACtTY ORDINAPi�
NOIICFISHQ2EBYQVFIJthattlteGry CnurolofU�Cd�'OfOkcedwbec.
wdl midu3 a Pubfi� Ha3nn9 on Sep�n6er 27 2D2i, 6PM, a as soon
tt�p,al� posybie, at Qy I-k�1, 55 SE 3rd AV� O�e��bee, R-, h� mredu
frial �d'm9 !or ad�hOn of the folb���n9 Ord�n3r� nm Fnv (No. 1739):
AN ORDIIVAN� OF iHE Qtt OF OI�EQIOB� R1RTY.E"'e.l
AMENDING THE QTY OF OI�:'C7iO8EF GENERAL EMPLOYEyS
REiiFtEMINT SYSfEM� R6TATED PURSVANT 7D OFiDINAfd� I
1141• AMENDIIJG �CiION 6, BENEFIf ANfOt1N75AND EIIQBIL-
IlY; AMQ3DING SECROM 10, �OMAL FORNLS Cf BENEFZTS;
AMENDING SECIIOIV 15. hIIl�hiUM DLSiRID1J1IOfl OF 6ENEF3T5;
AMENDIPiG SECRON 25� RE`.�+IPLAYh!ENT AF7�Jt RETIFcMEHP '�,
PROV7DIidG FOR CODIhiC/\TION� PROVIDING FOR SEVERABILI- ��
�v oF Paovcsiorus; R��� au a�.�inar�s m mrvrucr .
HEREWlTHANUPRUVlulivviuvtrm.Tav�ua c I
�. The ordnar� popccrs tn a�r�d Semors 6, S0, L5, and 75 of the C�naal
' Empbye� RPti�err�nt Syst�n h� re1k� Ne ra�nt durxps ro the Nte�nal
I� Reoerwe Cod�. �
il�e pub�� s Tvted t� aUend and be F�rt1 on all nul�rs The omrxi�
o�i�ar�onbefru7�datllteaddressabove�durfr�q regumrbtt�nesfaurs,
Mort-Fn, 8 A7�14:� PM, �pt ror hdidays, orvl�wu� on Ihe webste htlps.//
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q96fiG3ON 9/LS/2@
Ord• 1 a3°► EX • 3
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Bobbie Jenkins q�2� (l�lY1. Q�C�-.
From:
Sent:
To:
Cc:
Subject:
Tracking:
Thank you.
Bobbie J. Jenkins
Deputy Clerk
City of Okeechobee
55 SE 3�d Avenue
Bobbie Jenkins
Wednesday, September 8, 2021 220 PM
local_ret
Lane Gamiotea
RE: City of Okeechobee notification to amend retirement plans
Recipient
local_ret
Lane Gamiotea
Okeechobee, FL 34974
Phone: (863) 763-3372 ext. 9814
Direct: (863) 763-9814
Fax: (863) 763-1686
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Read
Read: 9/8/2021 223 PM
NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials
and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public
records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead,
contact our office by phone or in writing.
From: local_ret <Local_Ret@dms.fl.gov>
Sent: Wednesday, September S, 2021 12:09 PM
To: Bobbie Jenkins <bjenkins@cityofokeechobee.com>
Subject: RE: City of Okeechobee notification to amend retirement plans
Hello,
This email will serve as recognition of receipt of the above-referenced proposed Ordinance (1239).
Thank you,
Christina Pollard � Administrative Assistant I
Bureau of Local Retirement Systems
Division of Retirement
850-488-2784 (office) � 877-738-5622 (toll free)
Florida Department of Management Services
We Serve Those Who Serve Florida
•+
� ��
How Are We Doinp? Click Here to Take the DMS Customer Satisfaction Survey
From: Bobbie Jenkins <bjenl<insC�cityofol<eechobee.com>
Sent: Wednesday, September 8, 2021 9:56 AM
To: local ret <Local RetC@dms.fl.gov>
Cc: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Subject: City of Okeechobee notification to amend retirement plans
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Good morning,
The City Council for the City of Okeechobee is considering amendments to the General Employees' retirement plan. I am
forwarding the document, as required prior to final adoption. Attached to this email is a pdf file containing the following
documents:
General Employees' Retirement System Ordinance No. 1239: Letter from Pension Attorney, Statement of No
Actuarial Impact, Proposed Ordinance
The final public hearing for the adoption of Ordinance No. 1239 has been set for September 27, 2021. Please contact
City Clerk Lane Gamiotea at 863.763.3372 ext. 9814 or via email at I�amiotea@cityofol<eechobee.com, should there be
any issues.
Bobbie J.lenkins
Deputy Clerk
City of Okeechobee
55 SE 3�d Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372 ext. 9814
Direct: (863) 763-9814
Fax: (863) 763-1686
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