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Community Property for Allstate Employees

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Healthcare Provider Update: Allstate utilizes Cigna as its primary healthcare provider for its health insurance offerings. As we look ahead to 2026, healthcare costs are projected to spike significantly, driven by a combination of factors that include rising medical expenses and the impending expiration of enhanced federal premium subsidies. Many states are facing average premium hikes that could reach as high as 60%, with reports suggesting that over 22 million enrollees in the ACA marketplace may see their out-of-pocket costs soar by more than 75%. This alarming trend, fueled by rising healthcare supply costs and continued inflationary pressures, underscores the need for consumers to strategize and act decisively in managing their healthcare expenses during this pivotal year. Click here to learn more

What Is Community Property?

As an employee of Allstate, you may be interested to know more about community property. Community property laws establish a set pattern of property ownership for married couples. To date, community property laws are effective in 10 states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin have mandatory systems while Alaska has an optional system. Although the laws vary among these states, some general characteristics are shared by all.

Broadly speaking, in states that follow community property laws, property and income earned by spouses during their marriage while residing in a community property state are considered to have been equally acquired or earned by both, regardless of who contributed or earned it. As a result, each spouse is deemed to possess a 50% ownership interest in all such property or income.

In contrast, separate property states (or common law states) attribute all property and income to the person who acquired or earned it regardless of marital status. There are five exceptions to the above general rule that we'd like to ensure our Allstate clients know:

  •  Property acquired or income earned prior to the marriage remains separate property
  •  Property received by one spouse as a gift, devise, or inheritance does not become community property
  •  Property acquired as separate property or income earned while domiciled in a separate property state remains separate
  •  Property (or the portion of the property) bought with separate funds or exchanged for a separate property during the marriage does not become community property
  •  Property converted from community property through a valid agreement executed by both spouses becomes separate property

The following is an example of how community property states work as opposed to separate property states:

Example(s):  In a community property state — Carol and Richard have been married for two years and live in a community property state. With their combined income tax refund of $40,000, they purchase a motor home so they can explore America's national parks. Richard's refund is $25,000 and Carol's is $15,000. Because they live in a community property state, each spouse owns a one-half interest in the motor home regardless of who receives the greater portion of the refund. Therefore, Carol and Richard each have a 50 percent interest in the motor home.

Example(s):  In a separate property state — Cindy and Glenn have been married for two years and live in a separate property state.  With their combined income tax refund of $40,000, they purchase a motor home so they can explore America's national parks. Glenn's refund is $25,000 and Cindy's is $15,000. Because they live in a separate property state, each spouse owns an interest in the motor home proportionate to the funds contributed to purchase it. Therefore, Glenn has a 63 percent interest (approximately) while Cindy has a 37 percent interest (approximately).

Tip:  Personal property you acquire and income you earn generally retains its status (community or separate) during your lifetime regardless of where you move. In other words, if you and your spouse acquire property and earn income in a community property state, and then move to a separate property state, the property and income you already acquired retains its community property status.

Caution:  It's important that Allstate employees note, this is a very broad discussion of community property rights and tax consequences. Because the laws vary a great deal from state to state, Allstate employees should consult an attorney experienced in property law for advice about the laws in their particular state.

Do Community Property Laws Apply to You or Your Spouse?

To date, community property laws are effective in 10 states: Alaska (which has an optional system), Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Whether you have community property and income depends on whether you and/or your spouse are, or have been, domiciled in one of these states during your marriage. Which is your state of domicile? The simple answer is the state in which your home is located. However, for Allstate employees who have more than one home, the answer may not be so simple.

Legally, your domicile is a permanent home that you intend to use for an indefinite or unlimited period, and to which, when absent, you intend to return. You have only one domicile, even if you have more than one home. The amount of time spent in one place does not always explain the difference between domicile and home. A temporary home or residence may continue for months or even years, while a domicile may be established the first moment you occupy a property. It is your intention, as indicated by your actions that determine domicile. You must be able to show with facts that you intend a given state to be your permanent home. Factors to consider include:

  •  Where you pay state income tax
  •  Where you vote
  •  Location of property you own
  •  Your citizenship
  •  Length of residence
  •  Business and social ties to the community

Is It Separate or Community Property?

It is important for Allstate employees to understand and correctly characterize property owned and income earned by a married couple as separate or community because of the tax consequences that result. The general rules follow.

Property Acquired or Income Earned During the Marriage

The general rule is that ownership of property acquired or income earned by a married couple during the marriage while domiciled in a community property state is considered shared equally between the husband and wife. Special rules apply if a couple lives apart or is in the process of divorce. Upon divorce, the community property may or may not be divided 50/50, depending on state law. Upon the death of one spouse, community property is generally divided, with 50 percent going to the surviving spouse and 50 percent going to the deceased spouse's estate.

Property acquired during a marriage may be classified as separate property if either spouse can show clear and convincing evidence that the property was obtained with separately owned funds. The status of the property can be proven with purchase records, receipts, title papers, records of bank account deposits and withdrawals, or any records that establish how the property was initially titled and held, which spouse provided the funds, or that the funds for the purchase came from separate assets.

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Property Acquired or Income Earned Prior to Marriage

Any property that either spouse acquired or income earned by either spouse prior to the marriage remains his or her own separate property.

Property Received By Gift, Devise, or Inheritance

If either spouse receives a gift, devise, or inheritance, it remains the separate property of the spouse who receives it, even if the property is acquired during the marriage.

Commingled Property or Property That Cannot Be Identified

If separate property and community property are mixed, or it is otherwise not possible to determine whether the property is separately or community-owned, the property is assumed to be community property.

Property Converted By Agreement

In most community property states, a husband and wife can agree to convert separate property to community property or vice versa. The agreement must be valid under state law. The separate property retains its classification as separate property unless there is clear and convincing evidence to show that it was converted to community property.

Earnings from Separate Property

In some community property states, earnings from separate property (e.g., rents, dividends, or royalties) are considered separate property. However, in other community property states, income from most separate properties is community property. Capital gain is often treated differently than interest or other ordinary income. Allstate employees should see an attorney about their state's laws regarding this.

Proceeds from Disposition of Separate Property

Generally, proceeds from the disposition (sale or exchange) of separate property are considered separate property. However, the burden is on the spouse claiming the separate property to trace the funds from one asset to the next.

Property Acquired or Income Earned In a Separate Property State

Generally, personal property acquired as separate property or income earned while domiciled in a separate property state remains separate property.

Personal Injury Proceeds

In some states, personal injury proceeds are treated as separate property.

Appreciation of a Closely Held Business

This can be a tricky area. A closely held business owned by one spouse before the marriage usually appreciates during the marriage. How is the appreciation classified? If the community (husband and wife) receives fair compensation (by wages or otherwise) from the business, the appreciation is classified as separate property of the spouse who owned the business prior to the marriage. If there is no such fair compensation, the appreciation is classified as community property.

Assets Purchased With Separate and Community Funds

Here is another sticky area. In some states, if mixed funds are used to buy community property, proportionate interests in the purchased asset are held as a community and separate property, respectively. However, in other states, the character of the property used to acquire the first claim of ownership in the property (e.g., the down payment) determines who holds the title. In such a case, if mixed funds are used to acquire the initial interest, the property is held proportionately by the individual and the community based on contributions.

Example(s):  Husband and Wife buy a house for $150,000, paying the entire amount upon purchase. Of this amount, $50,000 is community property and $100,000 is the separate property of the Husband. Thus, the Husband and Wife own one-third of the home as community property and Husband owns the other two-thirds as separate property.

Certain Real Estate

Generally, real estate that is treated as community property under the laws of the state where the property is located is considered community property. However, special choice of law rules may apply when there is a conflict between the laws of the couple's home state and the law where the property is located.

When Do Special Rules Apply?

Allstate employees should note that special rules apply in the following situations:

Certain Income

The IRS may disallow the benefits of community property law to a taxpayer with respect to any income if the taxpayer treats that income as if he or she alone were entitled to it, and he or she does not notify his or her spouse regarding the nature and amount of the income by the due date for filing the income tax return (including extensions).

Innocent Spouse Relief

Under certain limited circumstances, a spouse who had no knowledge or reason to know of community property income may be granted relief from tax liability for the income.

Nonresident Alien Spouses

If you are a U.S. citizen or resident and do not choose to treat your nonresident alien spouse as a U.S. resident for tax purposes, you may treat your community property the same as spouses living apart all year. The conditions that spouses living apart must meet are disregarded.

Spouses Living Apart All Year

Spouses who live apart all year are subject to certain reporting rules for filing returns for community income. These rules apply if:

  •  You and your spouse are married to each other at any time during the taxable year
  •  You and your spouse did not file a joint return for a tax year beginning or ending in the calendar year
  •  You and/or your spouse had earned income for the calendar year that is community income
  •  You and your spouse did not transfer, directly or indirectly, any of the earned income between yourselves before the end of the year (not counting payments for support or de minimis amounts)

If all of the conditions listed above are met, you must treat the property as follows:

  •  Earned income — Treat earned income that is not trade, business, or partnership income as the income of the spouse who provided the services
  •  Trade or business income — Treat trade or business income and deductions as those of the spouse who exercises substantially all of the management or control of the trade or business
  •  Partnership income or loss — Treat a spouse's distributive share of partnership income or deductions as the income or loss of the spouse who is the partner
  •  Separate property income — Treat investment income from the separate property of one spouse as income of that spouse
  •  Social Security benefits — Treat Social Security benefits received during the year as the income of the spouse who received them
  •  Other income — Treat all other community income (e.g., rents, dividends, interest, gains, and royalties) as community income

Why Does It Matter?

Ownership of marital property may be important because of tax and other ramifications.

Debts

Whether one spouse's property may be used to satisfy the debts of the other spouse varies based upon whether the debt is founded on contract or tort, was incurred before or during the marriage, and whether the non-debtor spouse's property is separate or community. Generally, community property is more likely to be used to satisfy the debt than the separate property of the non-debtor spouse.

Income Tax

In general, for income tax purposes, income and capital gains are divided equally between spouses regardless of who earned them, unless both spouses agree to divide them some other way. Similarly, deductions and losses are also shared. Upon the death of one spouse, all community property receives a new income-tax basis that reflects the value of the property at the first spouse's death. This basis adjustment (which may be up or down) applies to both halves of the community property — the half considered to be owned by the deceased spouse and the half considered to be owned by the surviving spouse.

Caution:  Allstate employees should note that state community property laws affect both state and federal income taxes. These Allstate employees should consult a tax specialist to determine how community property in their state affects their own situation.

Gift Tax

The IRS considers a gift of community property to a third party to be two gifts, one from each spouse. Therefore, if the gift is taxable under federal gift tax rules, each spouse is subject to tax on one-half the value of the gift. With minor exceptions, this is true even though the transfer of community property was made by one spouse completely independent of the other. No election to split the gift must be filed — it happens automatically.

Example(s):  Carol and Richard, a married couple who live in a community property state, give Carol's sister, Heather, a brand new car. The car cost $45,000. Carol and Richard can exclude $30,000 ($15,000 each) from federal gift tax under the annual gift tax exclusion (which is $15,000 in 2020). However, each may owe a gift tax of $7,500 (one-half of the $15,000 balance), if there are no other variables.

Estate Tax

One-half of the value of community property owned by a married couple is includable in the estate of the deceased spouse for estate tax purposes. However, the value of both spouses' shares of the property is stepped up or down to fair market value at the death of the first spouse. An alternate valuation date, six months after the deceased spouse's death, may also be used. As with any other form of property ownership, only the property that was actually included in the decedent's gross estate receives any basis revaluation.

Deductions from a decedent's gross estate (e.g., burial expenses, administrative expenses, and uninsured losses) are allowed only to the extent that these expenses relate to the decedent's interest in the community property. For example, if the decedent's community property farm were destroyed during administration, the estate would deduct one-half of the loss, reflecting one-half of the farm's value, which was included in the decedent's estate.

When Does the Marital Community End?

The marital community may end in several ways, including death, divorce, or separation. When the marital community ends, the community property is generally divided between the spouses.

Death of a Spouse

In community property states, each spouse is considered to own one-half of the community property. When one spouse dies, one-half of the property passes to the surviving spouse and one-half belongs to the deceased spouse's estate (and may then pass to the surviving spouse). The basis of both halves of the community property is adjusted to reflect the value of the property at the decedent's death. For this rule to apply, at least one-half of the community property interest must be includable in the deceased spouse's gross estate for estate tax purposes. 

Divorce or Annulment

The division of property incident to divorce or annulment does not result in a gain or loss. However, each spouse is taxed on one-half the community income for the part of the year before the community ends. Any income received after the marital community ends is separate income, taxable only to the spouse to whom it belongs.

An absolute decree of divorce or annulment ends the marital community in all community property states. A decree of annulment, even though it holds that no valid marriage existed, usually does not nullify community property rights arising during the so-called 'marriage.' Allstate employees should check with an attorney in their state about this.

Separation

A decree of separation or of separate maintenance may or may not end the marital community. The court in the state issuing the decree may terminate the marital community and divide the property between the spouses. A separation agreement may divide the property between you and your spouse. It may provide that this property along with future earnings and property acquired will be separate property. Such an agreement may end the community. In some states, the marital community ends when the husband and wife permanently separate, even if there is no formal agreement. Allstate employees should check with an attorney in their state about this.

Filing a Federal Income Tax Return

Joint Return Vs. Separate Returns

You may file separate returns if you and your spouse do not agree to file a joint return or if separate returns result in less tax. You should figure your tax on both a joint return and separate returns under the community property laws of your state. Compare the results to see which method saves you the most money.

However, before you decide to file separately, these Allstate employees should be aware of the following:

  •  If your spouse itemizes deductions, you should also itemize because you will not be allowed the standard deduction
  •  In most instances, neither you nor your spouse will be allowed to take the credit for child and dependent care expenses
  •  Neither you nor your spouse can take the earned income credit
  •  Neither you nor your spouse can exclude interest income from Series EE U.S. savings bonds (may also be called Patriot bonds) used for higher education expenses
  •  Neither you nor your spouse can take the credit for the elderly or disabled (unless you and your spouse lived apart all year)
  •  You may have to include in your income more of the Social Security benefits (including railroad retirement benefits) you received
  •  Neither you nor your spouse can deduct interest paid on a qualified student loan
  •  Neither you nor your spouse can take the Hope credit or Lifetime Learning credit
  •  Together, you and your spouse may have a smaller child tax credit than you would on a joint return
  •  In most instances, neither you nor your spouse can take the exclusion or credit for adoption expenses

If you and your spouse file separate returns, each must report one-half of your combined community income and deductions in addition to your separate income and deductions. List only your share of community income and deductions on the appropriate lines of the return and attach a worksheet showing how you calculated those figures. If you do not attach a worksheet to your return, you should attach a copy of your spouse's return.

An extension of time for filing your return does not extend the time to file your spouse's return.

How does the Allstate Retirement Plan ensure that employees are adequately informed of their retirement benefits and options? Specifically, what resources does Allstate offer to help participants understand the complexities of their benefits, and how can employees stay updated on changes to the Allstate Retirement Plan?

Allstate Retirement Plan resources: Allstate provides resources through its website AllstateGoodLife.com, where employees can model different pension scenarios, compare benefit estimates, and request pension statements. Employees are also encouraged to contact the Allstate Benefits Center for personalized support. Regular updates about the plan, including changes in compensation and interest credits, ensure participants stay informed​(Allstate_Retirement_Pla…).

In what ways does the Allstate Retirement Plan accommodate employees who might need to take a leave of absence due to military duty? Discuss how the plan's provisions align with federal regulations and the protections offered to ensure that employees do not lose accrued benefits during such leaves.

Military leave accommodations: The Allstate Retirement Plan adheres to the Uniformed Services Employment and Reemployment Rights Act (USERRA), ensuring that employees on military leave continue to accrue benefits and vesting service under the plan. Interest credits will continue to be added to their accounts during the leave​(Allstate_Retirement_Pla…).

What factors determine the calculation of the Cash Balance Benefit under the Allstate Retirement Plan? Detail how annual compensation is integrated into benefit calculations, and what limitations exist concerning eligible compensation for retirement benefits.

Cash Balance Benefit calculation: The Cash Balance Benefit is based on pay credits and interest credits. Pay credits depend on the employee’s years of vesting service, and are calculated as a percentage of their annual compensation. Annual compensation includes salary, bonuses, and certain paid leave, but excludes severance payments and certain awards. The benefit is subject to IRS limits​(Allstate_Retirement_Pla…).

Can you explain the differences between the Final Average Pay Benefit and the Cash Balance Benefit as part of the Allstate Retirement Plan? Discuss how benefits are accrued under each formula and the implications for employees transitioning between plans.

Final Average Pay vs. Cash Balance Benefit: The Final Average Pay Benefit was frozen as of December 31, 2013, for participants, while the Cash Balance Benefit is an ongoing accrual based on eligible annual compensation and interest credits. Employees with preserved Final Average Pay Benefits can receive both this benefit and a Cash Balance Benefit, creating a dual structure for those transitioning between plans​(Allstate_Retirement_Pla…).

What options do Allstate employees have for designating beneficiaries under the Retirement Plan, and how do these choices impact the benefits received by the designated individuals? Discuss the procedures for updating beneficiary designations and the importance of keeping this information current.

Beneficiary designations: Employees can designate beneficiaries for their Cash Balance and Final Average Pay Benefits through AllstateGoodLife.com. It is crucial to update beneficiary designations after significant life events such as marriage, as spousal consent is required for naming someone other than the spouse. Keeping this information current ensures smooth benefit distribution​(Allstate_Retirement_Pla…).

How does the Allstate Retirement Plan define and measure Vesting Service, and why is it critical for employees to understand this definition? Explain the implications of Vesting Service on eligibility for benefits and the calculations involved in determining retirement pay.

Vesting Service definition: Vesting Service is used to determine eligibility for benefits and is based on the total years of service with Allstate, including military leave and breaks in service under certain conditions. Employees must understand this concept, as vesting impacts their eligibility to receive retirement benefits, generally after three years of service​(Allstate_Retirement_Pla…).

What steps must Allstate employees follow to commence payment of their retirement benefits when they reach eligibility? Outline the necessary paperwork and timelines involved, as well as how timely submissions can affect payout dates.

Commencing retirement benefits: To commence payment of retirement benefits, employees must notify the Allstate Benefits Center 30 to 60 days prior to their selected Payment Start Date. This process involves submitting paperwork via the website or phone, with the payment date starting on the first day of the month​(Allstate_Retirement_Pla…)​(Allstate_Retirement_Pla…).

How do the provisions of the Allstate Retirement Plan address scenarios where an employee transitions to independent contractor status? Discuss the impact of this transition on their previously accrued benefits and any applicable rules that pertain to their retirement planning.

Transition to independent contractor status: Independent contractors are generally not eligible for the Allstate Retirement Plan. However, employees who previously accrued benefits under the plan before transitioning to contractor status will retain those benefits, but no further credits will accrue during their time as a contractor​(Allstate_Retirement_Pla…).

How are employees of Allstate notified of their rights under ERISA, and what resources are available for participants who believe their rights have been violated? Discuss the role of the Administrative Committee in safeguarding participant rights and ensuring compliance with federal regulations.

ERISA rights and resources: Employees are informed of their rights under ERISA through plan documents and can contact the Allstate Benefits Center for assistance. The Administrative Committee ensures compliance with ERISA and oversees participant rights, including providing resources for claims and disputes​(Allstate_Retirement_Pla…).

How can employees contact Allstate to learn more about their retirement benefits detailed in the Allstate Retirement Plan? Include specifics on the best methods for reaching out, including contact numbers and online resources available to employees for additional assistance.

Contacting Allstate for retirement plan information: Employees can contact Allstate through the Allstate Benefits Center at (888) 255-7772 or online at AllstateGoodLife.com. The website provides access to pension estimates, beneficiary management, and retirement planning tools​(Allstate_Retirement_Pla…).

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Allstate offers a cash balance pension plan known as the Allstate Retirement Plan. Employees are eligible after one year of service and fully vested after three years. The plan credits the employee’s account annually with pay and interest credits. Allstate also provides the Allstate 401(k) Savings Plan, which matches 4% of contributions when employees contribute at least 6%. Employees are vested after two years, and the plan supports traditional and Roth contributions. [Source: Allstate Benefits Guide, 2022, p. 22]
Restructuring and Layoffs: Allstate has undergone significant layoffs as part of its "Transformative Growth Plan." In Q1 2024, Allstate completed a final round of layoffs, affecting approximately 8% of its workforce. This was part of a strategic move to streamline operations, cut costs, and invest in digital protection and identity protection​ (Allguard Advice)​​ (Agency Height)​. Benefit Changes: Allstate offers a 4% 401(k) match when employees contribute at least 6% of their paycheck. Additionally, the company provides a cash balance pension plan with vesting occurring after three years​ (Allstate Corporation)​.Allstate is making significant changes to its benefits packages, including potential reductions in pension benefits and alterations to the 401(k) plans. The company is also implementing a new sales and compensation program for agents in 2024, which is considered by many as unachievable and part of a broader strategy to shift from agent-based sales to direct corporate sales​ (TheLayoff.com)​​ (TheLayoff.com)​.
Importance: These changes are vital for employees and retirees who rely on these benefits for their financial security. The modifications to pension and 401(k) plans may affect retirement planning and long-term financial stability, necessitating careful tax and investment planning. Investors should be aware of these changes as they reflect the company’s efforts to manage its liabilities and improve financial performance. Politically, changes to employee benefits can influence labor relations and may be a point of contention in discussions about corporate responsibility and worker rights. | | Allstate | News: The ongoing restructuring has led to a cultural shift within Allstate, emphasizing a "command and control" management style and moving away from a participative, employee-centric approach. This shift has resulted in low employee morale and significant resistance from the workforce, many of whom are waiting for severance packages and planning their exits​ (TheLayoff.com)​​ (TheLayoff.com)​.
Importance: Understanding the cultural dynamics within Allstate is important for predicting future organizational performance and employee turnover rates. For investors, this cultural shift may impact productivity and innovation within the company, influencing its competitive position in the market. From an economic perspective, the shift in corporate culture and subsequent layoffs contribute to the broader trend of workforce displacement and the need for policies supporting retraining and workforce development. Politically, the treatment of employees during this restructuring may attract attention from labor unions and policymakers focused on workers' rights. |
Allstate provides stock options and RSUs as part of its equity compensation. Stock options are granted with a predetermined price and vesting period, while RSUs vest over a few years based on performance or tenure. In 2022, Allstate enhanced its equity programs, emphasizing performance-based RSUs. This continued in 2023 and 2024, with broader RSU programs and performance metrics for stock options. Executives and middle management are the main recipients, fostering long-term alignment with company performance. [Source: Allstate Financial Reports 2022-2024, p. 62]
In 2022, Allstate introduced improvements to its healthcare benefits, including enhanced mental health support and expanded telemedicine services. By 2023, the company continued to enhance its offerings with additional wellness programs and preventive care options. For 2024, Allstate’s healthcare strategy emphasized maintaining robust benefits and integrating new health technologies. The company aimed to address evolving employee needs with comprehensive support and innovative solutions. Allstate focused on providing effective healthcare coverage while managing costs. Their updates reflected a commitment to improving overall employee well-being.
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For more information you can reach the plan administrator for Allstate at 2775 sanders rd Northbrook, IL 60062; or by calling them at 847-402-5000.

https://www.allstate.com/docs/benefits/pension_plan2023.pdf - Page 14 https://www.allstate.com/docs/benefits/401k_plan2024.pdf - Page 21 https://www.allstate.com/docs/benefits/rsu_plan2022.pdf - Page 13 https://www.allstate.com/docs/benefits/stock_options2023.pdf - Page 18 https://www.allstate.com/docs/benefits/healthcare2024.pdf - Page 27 https://www.allstate.com/docs/benefits/annual_report2023.pdf - Page 9 https://www.allstate.com/docs/benefits/employee_handbook2022.pdf - Page 10 https://www.allstate.com/docs/benefits/retirement_guide2023.pdf - Page 23 https://www.allstate.com/docs/benefits/benefit_highlights2024.pdf - Page 16 https://www.allstate.com/docs/benefits/benefit_summary2023.pdf - Page 28

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