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HomeMy WebLinkAboutRes 1997-16Nj|aini/ L RESOLUTION NO.1997-16 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,CONFIRMING THE AMENDMENT AND RESTATEMENT OF A RETIREMENT PROGRAM FOR TOWN EMPLOYEES PURSUANT TO SECTION 457 OFTHE INTERNAL REVENUE CODE;AMENDING SAID RETIREMENT PROGRAM;AND DIRECTING THE MAYOR AND TOWN MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY. WHEREAS,by virtue of Resolution No.1991-10,the Town Council has heretofore onMarch 21,1991,established a deferred compensation planfor the employees of the Town of Fountain Hills whichis sponsored and administered by Aetna Life Insurance and Annuity Company ("the Aetna Plan");and WHEREAS,by virtue of Resolution No.1994-58,effective November 1,1994,the Town Council established a deferred compensation planfor the employees of the Town of Fountain Hills which is sponsored and administered by ICMA Retirement Corporation (the "ICMA Plan");and WHEREAS,pursuant to the adoption of the ICMAPlan,the Aetna Plan was frozen,effective as of November 1,1994,and no further Town or employee contributions have been made to the Aetna Plan on and after that date;and WHEREAS,the Town Council desires to confirm the prior amendment and restatement of the Aetna Plan;and WHEREAS,amendments to the Internal Revenue Code of 1986 have been enacted that requirefurther changes to the Aetna Plan; NOW,THEREFORE BEIT RESOLVED by the Mayor and Town Council of the Town of Fountain Hills,Arizona,as follows: RESOLVED,that the Town Council hereby confirms the amendment and restatement of the Aetna Planin the formof the deferred compensation plan,a copy of which is attached hereto;and BEIT FURTHER RESOLVED that the Town Council hereby adopts the amendments to the PlanrequiredbytheSmall Business JobProtectionActof 1996 inthe form attached to these Resolutions. FNTHI0OIRES Mtrch 17,1997 L DONE this l")4Kdav of fl-pK'l 1997. ATTEST: (mAa.~Kjb <L<VUL^J Town Clerk APPROVED AS TO FORM: William E.Farrell Town Attorney Paul L Nordin Town Manager RESOLUTION NO.1997 -JJe_ -2- X&jflSji*' Xuugjuj/ \itiK SPECIMEN AMENDMENT TO PUBLIC OR SECTION 501 TAX-EXEMPT ExMPLOYER DEFERRED COMPENSATION PLAN PURSUANT TO SECTION 457 OF THE INTERNAL REVENUE CODE WHEREAS,theTown of Fountain Hills established a Deferred Compensation Plan ("Plan")pursuant toSection457 of the Internal RevenueCode of 1986,asamended ("Code")effectiveon March 21,1991.|t :i , WHEREAS,theSmallBusinessJobProtectionAct of 1996 ("Act")changedcertain provisions of Code Section 457. WHEREAS,the Employer desiresto modify itsPlantocomply with theprovisions of theAct. NOW,THEREFORE,the Employer hereby amends its Plan,effective January1,1997as follows: 1.Sections2.03aand2.03baremodifiedbyaddingthefollowinglanguagein parenthesis after eachplaceinwhich $7,500 and$15,000 appears: "or suchlargeramountasmaybe prescribed bytheSecretary of the Treasury." 2.Section 4.02f is restated as follows: Pursuant toproceduresdeterminedbythe Committee,aParticipantmayrequestthat the Employer change the designation of the Designated Institution utilizedby the Employer to measure the Plan benefitspayabletothe Participant 3.Section 5.01 isrevisedbydeletingthe phrase "which wouldhave been"fromthe first sentence of thesecond paragraph,replacing the first reference to Employer and "Employee7',and restating the lastparagraphtostate: -the premium is equal to the Participant's Deferred Compensation which wasappliedasa premium to such annuity contract orlife insurance policy within,a reasonable time subsequent to the reduction in the Participant's Compensation as authorized andasspecifiedinthe Participant's Participation Agreement. 4.Sections 5.02and5.03are deleted intheirentirety,Section 5.04 is renumbered 5.03,andthe followingisaddedasanewSection5.02: The Employer will purchase an Investment Product and invest amounts of Deferred Compensation therein inordertoprovideafundfrom which itcansatisfyits obligation to make benefit payments pursuant to this Plan.Such Investment Product andall amounts of Compensation deferred under this Plan,all property and rights which may be purchased by the Employer with such amounts and all income attributable to such amounts,propertyor rights topropertyshallbeheldin trust (ora custodial account or annuity contract described in Code Section 401(f)for the exclusive benefit of Participants and their Beneficiaries.All such amounts shall not be subject to the claims of the Employer's generalcreditors. \g*ya/ c 5.The new Section 5.03 is deleted and restated as follows: The value ofany benefit shallbe determined by the acmal value of the Investment Product at the time of benefit payment,unaffected byany independent orarbitrarystandard ofcalculanon with respect to such Investment Product The Employer shallnotbe responsible for the investment or performance results ofsuchInvestment Product. 6.Asecond paragraph isaddedtoSection 6.01 e,as follows: A participant whohaselectedto defer,his benefits pursuant to the paragraph above may,subsequent tohisinitial election,andpriortothe commencement of benefits,electtofurtherdeferpayment of benefitstoalaterdateasallowedby the Plan.AParticipantisonlypermittedto make one such election. 7.A new Section numbered 6.0 Ih is added,as follows: Ifpriorto Separation from Service,the value of a Participant's benefits under the Plan doesnot exceed S3,500,theParticipantmayelectat any timetoreceivesuchvalueina lump sum if:1)the Participant hasnot deferred any Compensation under the Plan during the two yearperiod ending on thedate ofdistribution;and2)the Participanthasnotpreviouslyreceiveda distribution under this subsection 8.Article vm isretitled "Leave of Absence andMilitary Service",theexisting paragraph is numberedSection 8.01,andthefollowingisaddedas Section 8.02,effective as of December 12,1994: ThisPlan will be administered in accordance withCodeSection 4l4(u)for employeeswhoreturnto work after absences from employment due to military service.This includes make-up contributions thatwerenot made during the employee's period of military service.Contributions made upwillbe subject to the annual contribution limitations for the yearin which they relate,rather than the year theyaremade. IN WITNESS WHEREOF,theEmployer has causedthisamendmenttobe signed and anestedtoby its duly authorized officer on theQibday of &pW 1 199*7 PaAOu^JA UiA^L^ Witness Title spccttzLdoc