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HomeMy WebLinkAboutRES 88-104 AGENDA - VEM NO 'i R E S O L U T I O N WHEREAS, the City of Beaumont has employees rendering valuable services; and, WHEREAS, the establishment of a deferred compensation plan for such employees services the interests of the City of Beaumont by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS, the City of Beaumont has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and, WHEREAS, the City of Beaumont desires that the investment of funds held under its deferred compensation plan be administered by the ICMA Retirement Corporation, and that such funds be held by the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their deferred compensation plans and money purchase retirement plans; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont hereby adopts the deferred compensation plan attached hereto as the plan provided by the City of Beaumont which is attached hereto as Exhibit 1°A" , and the Trust Agreement with the ICMA Retirement Corporation and appoints the ICMA Retirement Corporation to serve as Administrator thereunder. P BE IT FURTHER RESOLVED that the City of Beaumont hereby authorizes its City Manager to execute the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Exhibit "B11 . BE IT FURTHER RESOLVED that the Risk Manager shall be the coordinator for this program and shall receive necessary reports and notices from the ICMA Retirement Corporation or the ICMA Retirement Trust, and shall cast, on behalf of the City of Beaumont, any required votes under the program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16 day of 1988. F Mayor - 2 - SUGGESTL_ RESOLUTION FOR A LEGj,-LATIVE BODY RELATING TO A DEFERRED COMPENSATION PLAN RESOLUTION OF City of Beaumont ("Employer'). WHEREAS, the Employer has employees rendering valuable services; and WHEREAS,the establishment of a deferred compensation plan for such employees serves the interests of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS,the Employer has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the Employer desires that the investment of funds held under its deferred compensation plan be administered by the ICMA Retirement Corporation, and that such funds be held by the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their deferred compensa- tion plans and money purchase retirement plans; NOW THEREFORE BE IT RESOLVED that the Employer, unless it has already done so, hereby adopts the deferred compensation plan attached hereto as: (check one only if Employer is hereby adopting a plan) (1) Appendix A [ ] or (2) The plan provided by the [X] Employer which is attached hereto and the Trust Agreement with the ICMA Retirement Corporation (Appendix C) and appoints the ICMA Retirement Corporation to serve as Administrator thereunder; and BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto'as Appendix B. BE IT FURTHER RESOLVED that the Risk Manaaer (use title of official, not name) shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retire- ment Corporation or the ICMA Retirement Trust, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. I, , Clerk of thq (City, County, etc.) Of , do hereby certify that the foregoing resolution, proposed by (Council Member, Trustee, etc.) of was duly passed and adopted in the (Council, Board, etc.) of the (City, County, etc.) of at a regular meeting thereof assembled this day of 19 , by the following vote: AYES: NAYS: ABSENT: (SEAL) Clerk of the(City, County, etc.) F-inikicial Industries Service Corr%nration Suite _.JO, Austin National Bank TowP- 4ustin.Texas'/a/01 , telephone:5121474-1927 October 25 , 1983 City of Beaumont Chief Accountant P. 0. Box 3827 Beaumont, Texas 77704 Re : Deferred Compensation Plan Dear Sir, Enclosed, please find form of Amended Plan. The changes were -- required by changes in the Internal Revenue Code, particularly Section 457. The amendments are additions or changes to Sections 3.8, 4. 1 , 4.2. 4 .3 , 4 .5 , 4 .6 . 7 . 1 , 7 .2 and 7.4. In Section 4.5 the sentence i.n parenthesis is optional to each employer. Amendments to the Plan by the employer are allowed at any time by Section 11 ; however, a copy of the Amended Plan must be delivered to each participant. Please advise us when the Amended Plan has been made effective, and return to us a signed and dated duplicate original of same. Sincerely, f liam B verley eral Counsel losure WB :egp >n �0 r � C� RECEIVED 9 CITY OF BEAUMONT PERSONNEL 9 DEPT. G CITY OF BEAUMONT DEFERRED COMPENSATION PLAN SECTION 1 . NAME : The name of this Plan is the City of Beaumont Deferred Compensation Plan (hereinafter referred to as the Plan) . SECTION 2. PURPOSE : The primary purpose of the Plan is to attract and hold personnel by permitting them to enter into agreement with the City of Beaumont which will provide for deferral of payment of a portion of their current compensation until death, disability , retirement, termination of employment, or other event as provided herein, in accordance with the provisions of Sections) One through Twelve (1-12) , and applicable provisions of the Internal Revenue Code. SECTION 3. DEFINITIONS : For the purposes of this plan, certain words or phrases used herein will have the following meanings : 3. 1 "Employer" shall be City of Beaumont 3 .2 "Employee" shall mean all officials and full-time employees and contracted personnel of the employer. 3 .3 "Participant" shall mean any employee who fulfills the requirements of enrollment into this Plan. 3 .4 "Participation Agreement" shall mean the agreement executed and filed by an employee with the employer pursuant to Section 4 , in which the employee elects to become a participant in the Plan. 3.5 "Compensation'? shall mean the total of all- amount which would be paid by the employer to or for the benefit of .an employee ( if he were not a participant in the Plan) for actual services for the period that he is a participant. 3.6 "Employment Period" means a period from January 1 through December 31 of the same year, except that the first year of an employee hired in mid'-period shall be the period beginning with the date of employment and ending on December 31 . 3.7 "Disability" means the inability of a participant to engage in his usual occupation by reason of a medically determinable physical or mental impairment as determined by the employer on the basis of advice from a physician or physicians. PAGE 1 3 .8 "Normal Retirement Age" means the age at which the employee is eligible to retire under the Retirement and Pensioning System of which he or she is a member. SECTION 4. PARTICIPATION IN THE PLAN : 4 . 1 Each employee may elect to become a participant of the Plan and defer payment of part of his compensation by executing a written Participation Agreement and filing it with employer. Upon executing the Participation Agreement, the participant elects to participate in the plan and consents to the employer deferring the amount specified in the Participation Agreement from the Participant ' s gross compensation for each pay period. 4 .2 Compensation will be deferred for - any calendar month only if the Participation Agreement providing for such deferral is entered into before the beginning of such month. The original election of a participating employee shall be effective for pay periods commencing during the first month after the date on which the Participation Agreement is filed with the employer. 4 .3 A participant may revoke his election to participate - and may amend the amount of compensation to be deferred by signing and filing with the employer a written revocation or amendment on a, form approved by the employer. Any such revocation or amendment shall be effective prospectively only, and shall cause no change in the allocation of amounts invested prior to the filing date of the amendment or revocation. No amounts shall be payable to an employee upon termination of his participation in the Plan unless otherwise due pursuant to Section 7. 4.4 A participant may select prusuant to Section 61 one or more investment objectives provided that the amount deferred for each objective equals or exceeds the minimum of not less than $10 per pay period. 4 .5 Except as provided in Section 4 .6, the maximum amount of compensation that may be deferred under the Plan for the participant' s taxable year shall not exceed the lesser of (a) $7 ,500 or (b) twenty-five percent (25%) of the participant' s gross pay. The term "gross pay" is the total amount earned by the participant as a result of services performed for the employer. (The annual maximum amount that can be deferred will be computed on the employer' s pay period basis) . In computing the annual maximum limit, every dollar contributed during the same calandar year to a retirement plan administered by an institution of higher learning, etc. , under Section 403(b) of the Internal Revenue Code will be considered deferred under the Plan. PAGE 2 4 .6 For oi— or more of the Participant ' s last three (3) taxable years before he attains Normal Retirement Age under the Plan, the maximum amount of compensation that may be deferred shall be the lesser of (a) $15 , 000 or (b) the sum of the limitation established for purposes of Section 4 .5 of the Plan for the taxable year (determined without regard to this section) , plus so much of the limitation established under Section 4 .5 for taxable years beginning with taxable years after January 1 , 1979 , as has not heretofore been used as provided in Section 457 of the Internal Revenue Code. SECTION 5 . DEFERRAL OF COMPENSATION : During each employment period in which the employee is a participant in the Plan, the employer shall defer payment of such part of his compensation as is specified by the employee in the Participation Agreement which he has executed and filed with the employer. SECTION 6. ADMINISTRATION OF THE PLAN : 6. 1 The Plan shall be administered by the Advisory Committee who shall have the sole authority to enforce the Plan and shall be responsible for the operation { of -- the Plan in accordance with its terms, and shall determine all the questions arising out of the administration, interpretation, and application of the Plan, which determinations shall be conclusive and binding on all persons. 6.2 The employer shall establish a deferred compensation fund to which all deferred compensation shall be credited at such times as the compensation would have been payable to individual employees if not a participant of the Plan. Separate accounts will be established for each employee participation which will show all amounts of deferred compensation, investments made, and earnings, gains or losses on investments. Each account will be valued at least annually on a method that fairly and accurately reflects the value of those investments. 6.3 On executing the Participation Agreement, the employee shall designate his investment objective prospectively only. The employer is not required to invest any amount it may receive, but may invest amounts of deferred compensation in any investment permitted by state law. The employer is the sole owner and beneficiary of all funds, investments and other assets under this plan. All dividends, capital gains, distributions, interest earnings and other income payable on any of the employer' s investments may be reinvested in those investments. 6.4 The employer may, but is not required to, invest PAGE 3 defer, compensation at 1 st monthly in the investment vehicles provided for in this plan. All amounts of deferred compensation, whether or not invested by the employer, shall at all times be and remain an asset of the employer. Any and all dividends, capital gains distributions, interest or other income payable on any of the employer' s investments or deferred compensation, also shall be an asset of the employer. The employer shall have the sole right to vote any shares which it may acquire by such investment. . 6 .5 Neither this Plan nor any Participation Agreement nor any account shall be deemed to create a trust or custodian account on behalf of or for the benefit of any participant of the Plan or his beneficiaries. No participant of the Plan or his beneficiaries shall have, by reason of the Plan, Participation Agreement or account, any secured or preferred interest in or to any assets of the employer. 6 .6 The employer shall have only a contractual obligation to pay benefits due the participant under the Plan. SECTION 7. DISTRIBUTION OF BENEFITS : 7 . 1 Election - Each participating employee must elect the payout options and the payout periods for each event stated in Section 7 .2, 7 .39 7 .4 , and 7.5 , at the time of signing each Participation Agreement. However, such payout options and payout periods may be changed at any time prior to thirty (30) days after the participating employee ' s retirement, disability, termination of employment or death. 7 .2 Retirement - In event of retirement, the full benefits credited to participant' s account, plus or minus any subsequent investment gains or losses, but less any Federal or State Income Taxes required to be withheld, may be distributed to him in any one or more of the following ways. 7.2(a) In a lump sum. 7.2(b) In monthly, quarterly, semi-annual or annual installments over a period not to exceed ten ( 10) years from date distribution began, or over a period established by the employer not greater than the life expectancy of the participant. Life expectancy shall be determined once by the employer, on the date of the initial installment distribution. Installment distributions will be made in substantially equal payments, but no payment shall have a value of less than (the smaller of) $50 or the balance credited to the PAGE 4 participant ' s account. Participant ' s account balances may continue to be invested until - in the employer ' s sole judgment - cash is to be withdrawn for payment of benefits. Payment of benefits will commence thirty (30) days following termination of employment or as soon thereafter as is administratively possible. 7 .3 Disability - In event of termination of employment by reason of disability, distribution of benefits will be as provided in Section 7 .2. 7 .4 Other Termination - In event of termination of employment by reason other than those specified in Section 7.2 and 7 .3 , then the full benefits credited to participant' s account plus or minus any subsequent investment gains or losses, but less any Federal or State income taxes required to be withheld, shall be distributed to him in any one or more of the following ways: 7.4( a) In a lump sum. 7.4(b) In a monthly, quarterly, semi-annual, or annual__ installments or substantially equal payments over a period n.ot to exceed seven (7) years from date distribution began, but no payment shall have a value of less than (the smaller of) $50 or the balance credit to the participant' s account. 7.4(c) Postpone payments under 7.4(a) and .(b) above until participant reaches his 50th, 55th, 60th or 65th birthday. The employee shall elect the method of distribution at the time of signing each Participation Agreement. However, the employee may irrevocably elect, prior to the time any such benefits become payable, to defer payment of some or all such amounts to a fixed or determinable future time. Participant' s account balances may continue to be invested until - in employer' s sole judgment - cash is to be withdrawn for payment of benefits. Payment of benefits under Section 7.4(a) and 7.4(b) will commence thirty (30) days following termination of employment or as soon thereafter as is administratively possible. Payment of benefits under Section 7.4(c) will commence thirty (30) days following the date indicated under Section 7.4(c) or as soon thereafter as is administratively possible. - 7.5 Death - In the event of the death of any participant, either before or after termination of employment, then the full benefits credited to his account, less any Federal or State Withholding Taxes required by law, shall be distributed to his beneficiaries in the manner PAGE 5 designated in the participant' s Participation Agreement. The employer shall in the case of Lump Sum payment make payment ninety ( 90) days after notification of death of the participant in compliance with any State laws governing the payments of death benefits. 7 .6 Financial Catastrophe - In the event of financial catastrophe affecting a participant where the withdrawal of funds would be necessary to prevent great hardship to the participant and the amount of withdrawal requested by the participant is only the amount necessary to meet that financial catastrophe, and is not reimbursed by insurance, a participant may apply to the employer for withdrawal of such amount from the Plan prior to retirement or to termination of participant' s employment with the employer. Examples of such need under the foregoing criteria may be catastrophic illness, flood, fire, earthquake, death in the family, or disabling injury, and examples of similar import. Withdrawals for expenditures normally budgetable, such as down payment on a home or purchase of an automobile, or college expenses, will not be permitted. Any amount so approved hereunder for withdrawal shall be paid to participant in a lump sum. The withdrawal shall be effective at the later of the dates specified in the participant' s application or the date approved by the employer. SECTION 8. EMPLOYER PARTICIPATION : Notwithstanding any other provisions of this Plan, the employer may make additional deposits in the deferred compensation fund as additional compensation for the services rendered by the, employee to the employer during an employment period, provided the employee has elected to have such additional compensation deferred, and distributed, pursuant to this Plan, prior to the employment period in which the compensation will be earned. SECTION 9. NON-ASSIGNABILITY : To the fullest extent permitted by law, the interest of a participant in the contractural obligation of the employer, established by the Plan, shall not be assignable in whole or in part, directly or by operation of law or otherwise, in any manner and no right or interest of a participant in the employer' s contractual obligation shall be liable for or subject to any obligation or liability of such participant. SECTION 10. MISCELLANEOUS: 10. 1 Status of Participants - Neither the establishment of the Plan nor any modification thereof, nor the establishment of any account, or the payment of any n At%V r, benefits, shall be construed as giving to any participant or other person any legal or equitable right against the employer except as herein provided ; and, in no event, shall the terms of employment of any employee or participant be modified or in any way affected hereby. 10.2 Condition of Plan - It is a condition of this Plan, and each employee by participating herein expressly agrees, that he shall look solely to the general assets of the employer for the payment of any benefit to which he is entitled under the Plan. 10 .3 Governing Law - This Plan shall be construed, administered, and enforced according to the laws of the State of Texas 10.4 Designation of Beneficiaries - Each participant shall have the right, by written notice to the employer, to designate beneficiaries to receive any benefit to which said participant may be entitled in the event of his death prior to the complete distribution of benefits. If no such designation is in effect on a participant' s death, his beneficiary shall be his estate or if no executor or administrator is appointed within sixf (6) -- months after the participant' s death, the employer shall direct said . benefits to be paid to the beneficiary or beneficiaries designated in his last will, or if there be no will, then to the heirs at law of the participant. SECTION 11 . AMENDMENT AND TERMINATION: 11 . 1 The employer may at any time and from time to time modify or terminate the Plan in whole or in part (including retroactive amendments) or cease deferring compensation pursuant to - the Plan, by delivering to each participant a written copy of such modification, amendment, or termination, or of a notice that it ceased deferring compensation; provided however, the employer shall not have the right to reduce or affect the value of any participant' s account or any rights accrued under the Plan prior to such modification, amendment, termination or cessation. 11 .2 In the event of the termination of the Plan by the employer under Section 11 . 1 , the value of all participant' s accounts may, at the employer' s option, be distributed to the participants or their beneficiaries in lump sums on the sixtieth (60th) day after termination of the Plan. 11 .3 If the employer does not elect to pay accrued benefits on termination of the Plan, the employer shall cease all deferrals of compensation, but payments shall be made pursuant to the applicable provisions of Section 7 PAGE 7 of th Ilan and the irrevocable t_ection of the various participation agreements then in effect. SECTION 12. EMPLOYER NOT RESPONSIBLE: The employer may, but is not required to, invest funds held pursuant to agreement between participants and the employer in accordance with the requests made by each participant at the time of enrollment or change in enrollment, prospectively only. The employer shall retain the right to approve or disapprove such investment requests. Any action by the employer in investing funds, or approving of any such investment of funds, shall not be considered to be either an endorsement or guarantee of any investment, nor shall it be considered to attest to the financial soundness or the suitability of any investment for the purpose of meeting future obligations as provided in Section 7 of this plan. ATTEST: BY : DATE: 4 ' TITLE PAGE 8