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Reso 2010-068
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Reso 2010-068
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Last modified
6/10/2010 5:17:43 PM
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6/10/2010 5:17:41 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
6/7/2010
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PERM
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8E Consent 2010 0607
(Reference)
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\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0607
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4.03. Rollover Contributions. <br />There may be transferred to the Trustee, subject to the approval of the Administrator and the <br />Trustee, and, if deemed advisable by the Administrator, by means of an Eligible Rollover <br />Distribution, all or any of the assets held (whether by a trustee, custodian or otherwise) on <br />behalf of an Eligible Retirement Ptan that is maintained for the benefit of any person who is or <br />is about to become a Participant in this Plan. Prior to accepting any such rollover contribution, <br />the Administrator may require that the Participant or Employee establish to the satisfaction of <br />the Administrator that the amount to be rolled over to the Plan is an Eligible Rollover <br />Distribution from an Eligible Retirement Plan. Notwithstanding the preceding provision, the <br />Plan will not accept an Eligible Rollover Distribution (i) from a Roth individual account <br />described in Code section 408A or (ii) consisting of any after-tax Employee contributions. <br />4.04. Transfers From Other Plans. <br />If (i) an Employee is entitled to benefits under this Plan, (ii) such Employee was previously <br />covered by a Code section 457{b) eligible deferred compensation plan maintained by an <br />employer that is an eligible employer within the meaning of Code section 457(e)(1)(A), and <br />(iii) such plan provided for the transfer of such benefits pursuant to the provisions of Code <br />section 457(e)(10) and the Treasury regulations promulgated thereunder, then this Plan will <br />accept the transfer of such amounts if the Employer is satisfied, in its sole and absolute <br />discretion, that such transfer and acceptance is permissible under Code section 457. <br />4.05. Time Of Contributions. <br />A. A Participant's share of the Nonelective Deferred Compensation for a year shall be <br />credited to the Participant's Account as soon as administratively feasible after the last <br />day of such year or at such other times as the Employer or the Administrator may <br />direct in its sole and absolute discretion. If the contribution is accrued for the <br />preceding calendar year, and is actually made after the close of the calendar year, the <br />Employer shall make such designation and such Nonelective Deferred Compensation <br />shall be allocated to Participants' Nonelective Deferred Compensation Accounts as of <br />the last day of the preceding calendar year. <br />B. Elective Deferred Compensation accumulated through payroll deductions shall be paid <br />to the Trustee as of the earliest date on which such contributions can reasonably be <br />segregated from the Employer's general assets, but in any event within fifteen (15) <br />business days following the end of the month in which such amounts would othewise <br />have been payable to the Participant in cash. If the Plan has fewer than <br />one hundred (100) Participants at the beginning of the calendar year, Elective <br />Contributions to the Plan will be treated as timely made to the Plan if the contributions <br />are deposited with the Plan no later than the seventh (7th) business day following the <br />date the amount would have been payable to the Participant in cash. <br />ARTICLE 5. ALLOCATIONS OF CONTRIBUTIONS AND VALUATION <br />5.01. Valuation Of The Trust. <br />The Trustees, as of the close of business on each Valuation Date, shall determine the net <br />worth of the assets of the Trust at their fair market value (using criteria and sources of <br />information that the Trustee, in the Trustee's sole and absolute discretion, deems <br />appropriate), and, except as provided in the Allocation Of Investment Results And Plan <br />Expenses section, below, shall deduct all fees and expenses for which the Trustee has not yet <br />obtained reimbursement from the Employer or from the Trust. Such valuation shall not <br />12 <br />
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