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HomeMy WebLinkAboutResolution 1998-058 RESOLUTION NO. 1998-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING AMENDMENT TO DEFERRED COMPENSATION PLAN WITH GREAT WESTERN BANK FUNDSELECT WHEREAS, the City of Atascadero, Deferred Compensation Board heretofore established a Deferred Compensation Plan(the "Plan"); and WHEREAS, the City of Atascadero, Deferred Compensation Board desires to amend the Plan to conform with changes in the federal law brought about by the Small Business Job Protection Act of 1996 (the "Act") requiring that, within the time prescribed by such Act, eligible deferred compensation plans established and maintained by governmental employers be amended to provide that all assets of the plan be held in trust, or under one or more appropriate annuity contracts or custodial accounts, for the exclusive benefit of plan participants and their beneficiaries; and WHEREAS, it is also the desire of the City of Atascadero, Deferred Compensation Board to amend the Plan in order to provide employees with certain other advantages brought about by the Act, including indexed limitation of deferred amounts and certain elections with respect to the commencement of distributions under the Plan. NOW THEREFORE, BE IT RESOLVED, that, the following amendment to the Section 457 Plan of the City of Atascadero, is hereby adopted, effective December 8, 1998, to incorporate the provisions of Small Business Job Protection Act of 1996. Section 3.6 of the Plan is hereby amended to read: "Custodian/Trustee" means a bank, trust company, financial institution, or other legally authorized entity appointed by the Employer to have custody of assets in the Investment Fund. Section 4.4 is hereby amended to read: The City of Atascadero shall invest the Participant's deferrals in accordance with such selection. Section 5.3(a), "Annual limitation" is hereby amended to read: Except as provided in Paragraph (b) below the maximum amount that a Participant may defer during any Employment Period, when added to the amount of any Employer Contribution for such Participant during the Employment Period, shall not exceed the lesser of $7,500 (or as may be adjusted for cost-of-living by the Secretary of the Treasury) or 33a%of the Participant's Includible Compensation. City of Atascadero Resolution No. 1998-058 Page 2 of 5 Section 6 "Investment Fund", shall be amended to read as follows: 6.1 Investment Fund. The Employer shall establish an Investment Fund for the purpose of investing amounts of Deferred Compensation and Employer Contributions, if any, credited to Participant Accounts. Such Participants Accounts shall at all times be held by the Custodian/Trustee for the exclusive benefit of the Participant or Beneficiary. The Employer may cause funds deferred under this Plan to be commingled for investment only with funds deferred under the City of Atascadero deferred compensation plan, so long as the investment directives under such Plan are substantially similar to the investment directives under this Plan and so long as adequate records are maintained to enable the identification of the portion of such funds and earnings that pertain to each Plan. 6.2 Custodial Trust Provisions (a) Custodian/Trustees. The Custodian/Trustees shall be, at any time, the duly appointed and authorized City Manager. Resignation, removal and appointment of such Custodian/Trustees, as well as compensation and expense reimbursement of the Custodian/Trustees shall be in accordance with the guidelines for resignation, removal, appointment, compensation and expenses of the City Manager of the City of Atascadero. (b) The Custodian/Trustees or the Employer shall adopt various investment options for the investment of deferred amounts by Participants or their Beneficiaries, and shall monitor and evaluate the appropriateness of continued offering by the Plan. The Custodian/Trustees or the Employer may de-select options that are determined to be no longer appropriate for offering. In adopting or de-selecting such options, the Custodian/Trustees or the Employer shall be governed by applicable State law. Following such adoption or de-selection of investment options by the Custodian/Trustees or Employer, the Participants or their Beneficiaries shall be entitled to select from among the available options for investment of their deferred amounts. In the event options are de-selected, the Custodian/Trustees or Employer may require Participants to move balances to an alternative option offered by the Plan. If Participants fail to act in response to the written notice, the Custodian/Trustee or Employer shall transfer monies out of the de-selected option to an alternative option chosen by the Custodian/Trustee or Employer. By exercising such right to select investment options or by failing to respond to notice to transfer from a de- selected option where the Custodian/Trustee or the Employer move the monies on behalf of such Participants, the Participants and their Beneficiaries agree that none of the Plan fiduciaries will be liable for any investment losses, or lost investment opportunity in situations where monies are moved by Custodian/Trustees or the Employer, which may be experienced by a Participant or Beneficiary in the City of Atascadero Resolution No. 1998-058 Page 3 of 5 investment option(s) they select or an alternative option selected for them if they fail to take appropriate action in regard to the de-selected fund. (c) Designation of Fiduciaries. The Employer and Custodian/Trustees and the persons they designate to carry out or help carry out their duties or responsibilities are fiduciaries under the Plan. Each fiduciary has only those duties or responsibilities specifically assigned to him under the Plan or delegated to him by another fiduciary. Each fiduciary may assume that any direction, information or action of another fiduciary is proper and need not inquire into the propriety of any such action, direction or information. Except as provided by law, no fiduciary will be responsible for the malfeasance, misfeasance or nonfeasance of any other fiduciary. (d) Fiduciary Standards. (i) The Custodian Trustees and all other fiduciaries shall discharge their duties with respect to this Plan solely in the interest of the Participants and Beneficiaries of the Plan. Such duties shall be discharged for the exclusive purpose of providing benefits to the Participants and Beneficiaries and to defray expenses of the Plan. (ii) All fiduciaries shall discharge their duties with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, and as defined by applicable State law. (e) Custodian/Trustees' Powers and Duties. The Custodian/Trustees' powers and duties shall be those defined under applicable State law. (f) This Plan and Investment Fund is intended to be exempt from taxation under Section 501(a) of the Internal Revenue Code ("Code") and intended to comply with Section 457(g) of such code. 6.3 Investment Options. Each participant may allocate his Deferred Compensation and Employer Contributions, if any, among the investment options, if any, provided under the Plan. A Participant may change his investment options in accordance with rules established by the Employer. Such modification may effect transfers of Compensation already deferred and any Employer Contributions that may have already been made from one investment option to another and/or may prospectively change the investments to which future deferrals of Compensation and Employer Contributions, if any, shall be allocated, effective as soon as practicable after the Participant makes the change. 6.4 Account. The Employer shall maintain an Account for each Participant to which shall be credited any Employer Contributions made for such Participant and such City of Atascadero Resolution No. 1998-058 Page 4 of 5 Participant's Deferred Compensation at such times as it would have been payable but for the terms of this Participation Agreement. Each Participant's Account shall be revalued at least quarterly to reflect the earnings, gains and losses creditable thereto or debitable therefrom in accordance with the performance of the investment options selected by the Participant pursuant to Subsection 4.4, 6.2, and 6.3. The earnings, gains and losses or charges creditable to or debitable from an Account shall mean the actual earnings, gains and losses of each investment option, on a pro rata basis among the Accounts of those Participants who selected that investment option. Section 7.1 "Payments on Separation from Service" is hereby amended to read: Subject to the provision of Subsection 7.5, upon a Participant's separation from service with the Employer for any reason (including Disability), the entire amount credited to his Account (less any federal, state or local income tax required to be withheld therefrom) shall be paid to him in a single lump sum immediately after the expiration of the Election Period; provided, however, that during such Election Period a Participant (including a Participant who has utilized the catch- up deferral provisions of Subsection 5.3(b) with an Account balance in excess of an amount specified by the City of Atascadero, which amount shall not exceed the amount specified in Section 457(e)(9)(A) of the Code, as the same may be adjusted from time-to-time, may irrevocable elect in writing (on a form acceptable to the City of Atascadero) a specific later date for first receiving payment under the Plan. In addition, a Participant may elect a different method of payment as provided in Subsection 7.2 by filing the appropriate form with the Employer no later than ninety days prior to the Participant's elected payment date. The Account balance of a Participant with less than the amount specified by the City of Atascadero in his Account at the time of his separation from service shall be paid in a single lump sum to the Participant (less applicable taxes) as soon as practicable following his separation from service. A Participant who has elected a specific later date for first receiving a payment under the Plan, as set forth above, may elect to further defer the date upon which such payment(s) will begin. Such election to further defer payment may be made only once, to a later date, as long as payments have not yet begun when such election is made. New Section 7.7 is hereby added,to read as follows: 7.7 De Minimis Distributions. Notwithstanding any other provision of the Plan, if the Participant has not deferred any amount for a 2-year period and the total amount of the Participant's Account under the Plan does not exceed $3500, a Participant may elect to receive, or the Plan may elect to distribute without the Participant's consent, the entire value of the City of Atascadero Resolution No. 1998-058 Page 5 of 5 Participant's Account in a lump sum distribution. No subsequent distribution under this provision to such Participant may be made, once such distribution occurs. Section 9.2 is hereby deleted. On motion by Council Member Luna and seconded by Council Member Clay, the foregoing resolution is hereby adopted in its entirety by the following roll-call vote: AYES: Council Members Arrambide, Clay, Lerno, Luna and Mayor Johnson NOES: None ABSENT: None ADOPTED: December 8, 1998 CITY OF CA O, CA Ra Johns n, ayor ATTEST: � -a,_Yh Marcia McClure Torgerson, CitV Clerk APPROVED AS TO FORM: &q,a, �"Z��- Roy AUlanley, City A rney I. Amended Exhibit A The Administrative Agreement with Great Western Bank and any Exhibit A thereto is hereby.amended effective the Th day of December , 1 698 as follows: A. Exhibit A and/or any successor amendment(s) are hereby deleted and replaced in their entirety by this Amended Exhibit A which incorporates by reference those investment options contained on the FundSelect'"Core List" attached hereto as Item II or any FundSelect®"Extended List", if so applicable, as the Mly investment options available under the deferred compensation plan as of the effective date listed above. B. Employer agrees that FundSelect®Advisers, Inc., ("FundSelect®") may unilaterally add new investment options to the plan quarterly and/or replace existing investment options annually or on such other frequency as agreed to in writing by Employer and FundSelect®. C. Employer agrees to be bound by the terms of the "Procedures for Removing Investment Options" attached hereto as Item III. D. Employer agrees the effective date for offering the investment options outlined on the FundSelect®"Core List"will be the first day of the month at least one month subsequent to the month the Amended Exhibit A is executed. E. Employer agrees to restrict the total investment options of the plan to not exceed those provided on the FundSelect®"Core List", or the total of such other investment options which Employer and FundSelect® mutually agree to substitute and/or add to those provided on the FundSelect®"Core List". Employer: city of Atascadero Great Western Bank: By: L L By: Employer#: 168 Date: Date: 1/14/99 11. FundSelect® "Core List" of Investment Options asst Cla—ss77 Cate o 0—b jecdve/Stvie Fund Compiled from 1.3147 data CORE OPTIONS Recommended Morningstar op 10%of 3 Y 30 Largest "Core List" "500 Ust" pategory Rotor Funds Fixed Income/Cash X FDIC Insured Liquid Savings Great Western Bank Liquid Savings X FDIC Insured Certificates of Deposit Great Western Bank-3 Year CD X FDIC Insured Certificates of Deposit Great Western Bank-5 Year CD X Stable Value Stable Value Fund FundSelect(M Stable Value Fund Bonds X Intermediate Corp High Quality Vanguard Bond Index Total Bond Morkei X X X Intermediate Corp General Bond Fund of America X X X Intermediate Corp High Yield Kemper High Yield A X X Large Cap X Domestic Hybrid Asset Allocation Income Fund of America X X X Stocks X Large Cap Value Equity Income Fidelity Equity Income X X X X Large Cap Value Growth b Income Kemper-Dreman High Return Equity A X X X Large Cap Value Growth b Income Washington Mutual Investors X X X X X Large Cap/Blend Growth b Income Vanguard institutional Index(S&P 500) X X X X Large Cap Blend Growth b Income Investment Company of America X X X X Large Cap Blend Growth Fidelity Contrafund X X X X Large Cap Blend Growth Janus X X X Large Cap Growth Growth Growth Fund of America X X X X Large Cap Growth Isocially Conscious Dreyfus Third Century X X Large Cap Growth Aggressive Growth American Centur -20th Century Ultra X X X Cap X Mid Cap Blend Growth Neuberger It Berman Partners Trust X X ks X Mid Cap Value Growth b Income Franklin Mutual Beacon 1 X X X Mid Cap Blend Growth PBHG Growth X X Small Cap I X Ismail Cap Blend 'Small Company DFA US 9-10 Small Company X Stocks F X ISmall Cap Growth Aggressive Growth Kaufmann X X International X World Stock World Stock Janus Worldwida X X X Stocks X foreign Stock Foreign Stock Templeton Foreign i X X X X Foreign Stock Foreign Stock EuroPacific Growth X I X X X Employer Name: City of Atascadero Employer# 168 Accepted By Employer Dater Accepted By FundSelect® Date: n�aa ssi Exhibit B nTR t, Deferred Compensation Plan Administration Agreement Effective December 8 1998 this Exhibit becomes part of the Deferred Compensation Plan Administration Agreement between Great Western Bank("Great Western Bank',and the City of Atascadero ,(the"Agency") and is designed to memorialize the following additional terms that will apply to the provision of investment management and administrative services in connection with the Plan's investment in the FundSelect®Stable Value Fund("The SVF"). 1. Great Western(through its subcontractor,National Deferred Compensation,Inc., ("NDC")and its affiliate broker-dealer,FundSelect®Advisers,Inc.,("FSA"),as appropriate),will provide the Basic Services described in such Deferred Compensation Plan Administration Agreement ("the Agreement') in connection with the Plan's investment in the SVF for the fees described in Paragraph 2 below. 2. For performing Basic Services in connection with the Plan's overall Administration, NDC will assess the fees described as follows. Pursuant to a separate agreement,Norwest Bank Minnesota,N.A. ("Norwest")provides investment management, custody,and other ancillary services to the SVF and charges a fee therefor(the"Norwest Management and Services Fee"),and NDC provides valuation of participant investments in the SVF for which it charges a separate SVF Valuation Fee. These SVF fees are described in Paragraph 3 herein. The aggregate of the Norwest Management and Services Fee,the NDC SVF Valuation Fee,and the Great Western Plan Administration Fee paid each month is referred to herein as the"Total Monthly Fee". Such Total Monthly Fee will be included daily in the unit value calculation of the participant's value in the SVF, and will not be reflected as a charge against the account. 3. The Total Monthly Fee will be the Norwest Management and Services Fee and the NDC SVF Valuation Fee and the Great Western Plan Administration Fee which will be calculated as set out below: a.. Norwest's Management and Services Fee will be L .15%annually,based upon the first$100 Million of average monthly net assets invested in the SVF and, ii. .10%annually based upon the next$300 Million of average monthly net assets invested in the SVF, iii. .05%annually,based upon the balance of the average monthly net assets invested in the SVF. -Over- sv-c b. NDC's SVF Valuation Fee and Great Western Plan Administration Fee when combined, shall be the difference between the Norwest Management and Services Fee set forth in Paragraph 3.a. above and 0.59%which represents the total fee on an annualized basis. 4. If the Agency directs Great Western to make a complete lump sum liquidation of all such Agency's Plan assets invested in the SVF,Norwest shall make such lump sum liquidation within 30 days after written notice from Great Western,through NDC,as long as the assets of such Plan do not exceed$15 Million,and Norwest is not delaying payments to all fund holders as provided under regulations of the U.S. Office of the Comptroller of the Currency. In the event such liquidation request exceeds$15 Million,Norwest retains the right to delay, for up to 12 months following such notice,the lump sum liquidation. 5. As named fiduciary of the Plan,the Agency hereby appoints Norwest as a trustee with respect to assets invested in the SVF. The Agency hereby amends the plan to incorporate by reference the Declaration of Trust establishing Norwest Bank Collective Investment Funds for the Agency's Employee Benefit Plans,if such incorporation language does not currently exist allowing bank collective investment funds generally. 6. So long as Plan assets are invested in the SVF,the Employer represents that the Plan is qualified under Section 401(a)or 457 of the Internal Revenue Code of 1986, as amended. Agency: Great Western Bank: Signature: C � `4w Signature: Print Name: Wade G. McKinn y Title: Title: City Manager Date: Agency#: 168 Agency Address: 6500 Palma Avenue Atascadero, CA 93422 Phone#: (805) 461-5010 Date: 1/14/99 sv-c