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8M Consent 2021 0907
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8M Consent 2021 0907
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9/17/2021 9:34:40 AM
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9/2/2021 5:27:39 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/7/2021
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PERM
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Reso 2021-131 Amndt and Restatement of 457B Deferred Comp plan
(Approved)
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\City Clerk\City Council\Resolutions\2021
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25 <br />GN - 150079 Specimen 457(b) Plan Document <br />GPLANLVL – CORRSPND Deferred Compensation Plan <br /> Ver 102011 <br />based on relevant facts and circumstances, and Treasury Regulati on Section 1.457-6(c) or <br />other regulatory guidance. <br />(i) An unforeseeable emergency is defined as a severe financial hardship resulting <br />from the following: <br />(A) an illness or accident of the Participant or Beneficiary, the Participant's or <br />Beneficiary ’s spouse, or the Participant’s or Beneficiary ’s dependent or <br />the Participant’s "primary Beneficiary"; <br />(B) loss of the Participant's or Beneficiary ’s property due to casualty <br />(including the need to rebuild a home following damage to a home not <br />otherwise covered by homeowner's insurance, e.g., as a result of a natural <br />disaster); <br />(C) the need to pay for the funeral expenses of a Participant ’s or Beneficiary ’s <br />spouse, Participant’s or Beneficiary’s dependent or "primary Beneficiary" <br />of the Participant; <br />(D) the need to pay for medical expenses of the Participant or Beneficiary, the <br />Participant's or Beneficiary’s spouse, Participant's or Beneficiary ’s <br />dependent or the Participant's "primary Beneficiary" which are not <br />reimbursed or compensated by insurance or otherwise , including non- <br />refundable deductibles, as well as for the cost of prescription drug <br />medication; <br />(E) the imminent foreclosure of or eviction from the Participant's or <br />Beneficiary ’s primary residence; or <br />(F) other similar extraordinary and unforeseeable circumstances arising as a <br />result of events beyond the control of the Participant or Beneficiary. <br />However, except as otherwise specifically provided in this Section 6.10(a), <br />certain circumstances are not considered an unforeseen emergency such as <br />the purchase of a home or the payment of college tuition or credit card <br />debt. <br />For purposes of this paragraph, if the Participant is not deceased, a "primary <br />Beneficiary" shall be limited to a primary Beneficiary under the Plan, which is an <br />individual who is named as a Beneficiary pursuant to Section 8.1 and has an <br />unconditional right to all or a portion of the Participant's Account Balance upon <br />the death o f the Participant, and which shall not include a contingent beneficiary. <br />Additionally, dependent shall be limited to the definition under Code Section <br />152(a), and, for taxable years beginning on or after January 1, 2005, without <br />regard to Code Sections 152 (b)(1), (b)(2) and (d)(1)(B). <br />(ii) Unforeseeable emergency distribution standard . A distribution on account of <br />unforeseeable emergency may not be made to the extent that such emergency is or <br />478
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