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HomeMy WebLinkAboutCC Resolution 12718 (PARS Defined Contribution Plan Amendment)RESOLUTION NO. 12718 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE CITY'S PUBLIC AGENCY RETIREMENT SYSTEM (PARS) DEFINED CONTRIBUTION PLAN WHEREAS, the City of San Rafael (the "Employer") has previously adopted the City of San Rafael PARS Defined Contribution Plan (the "Plan") as amended and restated effective January 1, 2003; and WHEREAS, the Employer has the right to amend the Plan in accordance with Section 7.3 of the Plan; and WHEREAS, the Employer deems it to be in the best interest of the Employer and the Plan to amend the Plan to provide for additional Employer Contributions, at its discretion, for Employees eligible under Section 1.1 of the Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The CITY MANAGER is authorized execute the changes to the City's PARS Defined Contribution Plan as outlined in the attached Amendment. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 20th of April, 2009, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None G • 42teu.4 , Esther C. Beirne, City Clerk AMENDMENT TO THE CITY OF SAN RAFAEL PARS DEFINED CONTRIBUTION PLAN WHEREAS, the City of San Rafael (the "Employer") has previously adopted the City of San Rafael PARS Defined Contribution Plan (the "Plan") as amended and restated effective January 1, 2003; and WHEREAS, the Employer has the right to amend the Plan in accordance with Section 7.3 of the Plan; and WHEREAS, the Employer deems it to be in the best interest of the Employer and the Plan to amend the Plan to provide for additional Employer Contributions, at its discretion, for Employees eligible under Section 1.1 of the Plan. follows: NOW, THEREFORE, BE IT RESOLVED, that the Plan is hereby amended as 1. Article II, Section 2.1 is hereby amended and restated as follows: 2.1 Ern0over Contributions There is hereby created and established and shall be maintained by the Plan Administrator the Employer Contribution Account. The Employer may make contributions to the Plan pursuant to (a) and/or (b) below. (a) For each day that an Employee remains a Participant under this Plan, it is the intention of the Employer to make contributions to the Plan in an amount as determined by the Plan Administrator. In no event shall Employer Contributions under this Section 2.1(a) exceed five percent (5%) of Compensation. Such contributions shall be made no later than the close of the Plan Year and subject to the limitation provisions of Section 2.7 of the Plan. Contributions shall be credited to the Employer Contribution Account. Employer Contributions will be allocated to each Participant in the ratio that such Participant's compensation bears to the compensation of all Participants. However, the Employer assumes no commitment to make any contributions at any time. (b) The Employer may make additional Employer Contributions to the Plan, at its discretion, for Employees eligible under Section 1.1 of the Plan. Such contributions, if any, shall be credited to the Employer Contribution Account and subject to the limitation provisions of Section 2.7 of the Plan. 2. Article IV, Section 4.1 is hereby amended to read as follows: 4.1 Vestina in EmDlover Contribution Account (a) A Participant shall be Vested in his or her Employer Contribution Account under Section 2.1(a) pursuant to the following schedule based on Years of Service calculated as of the Participant's last date of employment with the Employer. NB I :577609.1 Years of Service Completed 0-3.99 4 5 6 7 Percent Vested 0.00% 25.00% 50.00% 75.00% 100.00% If a Participant terminates his or her employment with the Employer prior to his or her Normal Retirement Date and is not fully Vested in his or her Employer Contribution Account on his or her date of termination, he or she shall forfeit that portion of his or her Employer Contribution Account in which he or she was not Vested as of the Valuation Date next following. Any amounts so forfeited shall be returned to the Employer. (b) A Participant shall be 100% Vested in her or her Employer Contribution Account under Section 2.1(b) at all times. IN WITNESS WHEREOF, this Amendment is hereby adopted effective as of April 20, 2009. DATED: Z- "' �� -9-00q City of San Rafael By:% Nam enneth Nordhoff r V Title: City anager NB I :577609.1 2