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HomeMy WebLinkAboutRes 1995-26RESOLUTION NO.1995 -c3 t» A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OFTHE TOWN OF FOUNTAIN HILLS,ARIZONA; AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER; AND DECLARING AN EMERGENCY. WHEREAS,the Town has previously established a money purchase retirement plan in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust for the Town Manager pursuant to the specific provisions of an Adoption Agreement;and WHEREAS,the Council has previously adopted resolutions requiring the Town to "pick up"the mandatory employee contribu tions made on behalf of the Town Manager;and WHEREAS,the Council desires to amend the Adoption Agreement providing for increased contributions to be made by both the Town and the Town Manager to the plan. NOW,THEREFORE,BE IT RESOLVED by the Mayor and Common Council of the Town of Fountain Hills,Arizona,that effective July 1,1995,and until Further Resolutions of the Mayor and the Common Council,the Town's contribution rate shall be 8-1/2%of the Town Manager's earnings and the mandatory employee contribution rate by the Town Manager shall be 6%of the Town Manager's earnings;and BE IT FURTHER RESOLVED,that the Town will pick up the Town Manager's revised employee contribution rate of contribution;and BE IT FURTHER RESOLVED,that the Mayor is hereby authorized and directed to execute a Third Amendment to the Adoption Agreement to the Plan establishing the revised contribution rate as set forth above;and BE IT FURTHER RESOLVED,that the immediate operation of this resolution is necessary for the preservation of the public peace,health,and safety and therefore an emergency is hereby declared to exist and this Resolution shall be in full force and effect immediately after its passage and adoption. ^ASS/FAIL «5 1k~9 S~ RSL968CWWA-C hs?^*.LL .,Unr\CUZ051195 MOTION H^^°^ SECOND n&WO^ COUNT L>~Q PASSED AND ADOPTED the Mayor and Common Council of therAazjLuanvAuuficiuznemayoranacommon(jounc C Town of Fountain Hills,Arizona,this J_J£)jk_day of |Q 1995. APPROVED AS TO FORM William E.Farreil Town Attorney REVIEWED BY: Jordin Town Manager -2- John M.Vcutillo,Mayor Attest Cassie B.Hansen, Town Clerk \&^/ C THIRD AMENDMENT TO ADOPTION AGREEMENT OF TOWN OF FOUNTAIN HILLS MANAGEMENT ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST WHEREAS,the Town of Fountain Hills,Arizona (the "Employer"),became a participating Employer in the ICMA Retirement Corporation Management Plan (the "Plan")by execution of an Adoption Agreement effective March 21,1991; WHEREAS,the Employer is authorized,pursuant to the Plan,to adopt amendments to the Adoption Agreement;and WHEREAS,the Employer has determined that amendments are required to assure the Plan's successful operation and administration. NOW,THEREFORE,pursuant to the authority granted in the Plan,the following amendments are adopted: 1.Paragraph 1 of Section E is amended in its entire ty,effective with respect to Participant Earnings paid on or after July 1,1995,to read as follows: "E.CONTRIBUTION PROVISIONS 1.The Employer shall contribute as follows (choose one): (x)Fixed Percentage Employer Contributions With or Without Mandatory Employee Contributions. The Employer shall contribute on behalf of each Participant 8.5%of Earnings for the Plan Year (subject to the limitations of Article V of the Plan).Each Partici pant 1s required to contribute 6.0%of Earnings for the Plan Year as a condition of participation.(Write "0"if no contribution is required.) The Employer hereby elects to "pick up" the Mandatory/Required Participant Con tribution. X Yes No" AGT537CWWA-C CUZ051195 xjjjjjjjK^ 2.Nothing in this Third Amendment shall be construed to adversely affect the rights ofany Participant toany benefit provided underthePlannorto decrease any accrued benefitunder the Plan,except to the extent permitted under the Internal RevenuecodeornecessarytomaintainthePlanasonequalified under Section 401(a)of the Internal Revenue Code. IN WITNESS WHEREOF,the Employer has caused this Third Amendment to be executed on this \ft My day of YY\CX>^, 1995.1 EMPLOYER:ACCEPTED: TOWN OF FOUNTAIN HILLS,ARIZONA ICMA RETIREMENT CORPORATION At .Cutil.ro,Mayor test:C AAA^^^>^M^-> Cassie B.Hansen Town Clerk By. Title Attest: -2-