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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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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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2 <br />GN - 150079 Specimen 457(b) Plan Document <br />GPLANLVL – CORRSPND Deferred Compensation Plan <br /> Ver 102011 <br />SECTION I <br />DEFINITIONS <br />1.1 Plan Definitions <br />For purposes of this Plan, the following words and phrases have the meaning set forth below, <br />unless a different meaning is plainly required by the context: <br />An "Account Balance" means the bookkeeping account maintained with respect to each <br />Participant which reflects the value of the deferred Compensation credited to the Participant, <br />including the Participant's Annual Deferrals, the earnings or loss of the Trust Fund (net of Trust <br />Fund expenses) allocable to the Participant, any transfers for the Participant's benefit, and any <br />distribu tion made to the Participant or the Participant's Beneficiary. If a Participant has more <br />than one Beneficiary at the time of the Participant's death, then a separate Account Balance shall <br />be maintained for each Beneficiary. The Account Balance includes any account established <br />under Section VII for rollover contributions and plan -to-plan transfers made for a Participant, the <br />account established for a Beneficiary after a Participant's death, and any account or accounts <br />established for an alternate payee (as defined in Code Section 414(p)(8)). <br />The "Administrator" means the Employer. The term Administrator includes any person or <br />persons, committee, or organization appointed by the Employer to admini ster the Plan. <br />An "Annual Deferral" means the amount of Compensation deferred in any calendar year. <br />The "Beneficiary" of a Participant means the person or persons (or, if none, the Participant's <br />estate) who is entitled under the provisions of the Plan to receive a distribution in the event the <br />Participant dies before receiving distribution of his or her entire interest under the Plan. <br />The "Code" means the Internal Revenue Code of 1986, as now in effect or as hereafter amended <br />from time to time. Reference to a Code Section includes such section and any comparable <br />section or sections of any future legislation that amends, supplements, or supersedes such <br />section . <br />The "Compensation" of a Participant means all cash compensation for services to the <br />Employer, including salary, wages, fees, commissions, bonuses, and overtime pay, that is <br />includible in the Employee's gross income for the calendar year, including, as applicable, <br />compensation attributable to services as an independent contractor, plus amounts that w ould be <br />cash compensation for services to the Employer includible in the Employee's gross income for <br />the calendar year but for a compensation reduction election under Code Section 125, 132(f), <br />401(k), 403(b), or 457(b) (including an election to defer compensation under Section II). <br /> <br />Any payments described below made to a Participant after a Severanc e from Employment shall <br />qualify as Compensation for purposes of the Plan, but only if the payments are made by the later <br />of (a) the end of the calendar year in which the Severance from Employment occurred or (b) <br />within 2 ½ months of such Severance from Emp loyment: <br />455
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