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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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4 <br />GN - 150079 Specimen 457(b) Plan Document <br />GPLANLVL – CORRSPND Deferred Compensation Plan <br /> Ver 102011 <br />before some late r specified age, but not greater than age 70 ½. If a Participant continues <br />employment after attaining age 70 ½, not having previously elected an alternate Normal <br />Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the <br />mandatory retirement age, if any, established by the Employer, or any age at which the <br />Participant actually has a Severance from Employment if the Employer has no mandatory <br />retirement age. If the Participant will not become eligible to receive benefits u nder a basic <br />defined benefit pension plan (or money purchase pension plan, if applicable) maintained by the <br />Employer, the Participant's alternate Normal Retirement Age may not be earlier than age 65 and <br />may not be later than age 70 ½. <br />In the event a Participant is a qualified police or firefighter (as defined under Code Section <br />415(b)(2)(H)(ii)(I)) Normal Retirement Age means age 70 ½, unless the Participant has elected <br />an alternate Normal Retirement Age and delivered such election to the Administrator. Su ch date <br />shall be no earlier than the earliest date that the Participant will become eligible to retire and <br />receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan <br />in which the Participant also participates if the Par ticipant is not eligible to participate in a <br />defined benefit plan), immediate retirement benefits without actuarial or similar reduction <br />because of retirement before some later specified age which may not be earlier than age 40 and <br />may not be later than age 70 ½. <br />A Participant’s Normal Retirement Age must be the same as his or her normal retirement age <br />under any other eligible deferred compensation plan or plans sponsored by the Employer. The <br />designation of a Normal Retirement Age under the Plan does not co mpel retirement with the <br />Employer. <br />The "Participant" means a n individual who is currently deferring Compensation, or who has <br />previously deferred Compensation under the Plan by salary reduction and who has not received a <br />distribution of his or her entire be nefit under the Plan. Only individuals who perform services for <br />the Employer as an Employee may defer Compensation under the Plan. <br />"Plan Year" means the calendar year. <br />"Roth Contributions" means the amount of any Annual Deferral elected by a Participant that is <br />irrevocably designated by the Participant as being made pursuant to, and intended to comply <br />with, Code Section 402A. Roth Contributions are includable in the Participant ’s taxable gross <br />income at the time they are contributed to the Plan and have been irrevocably designated as Roth <br />Annual Deferrals by the Participant in their deferral agreement. The Administrator shall establish <br />and maintain for the Employee a separate account for an y Roth Contributions made to the Plan, <br />to which only Roth Contributions and the income attributable thereto shall be allocated. Roth <br />Contributions also includes any contributions made to another eligible retirement plan that are <br />rolled over to the Plan in accordance with the provisions of Section 7.1 and that the Participant <br />designated as Roth contributions at the time they were contributed to such other plan. <br />"Severance from Employment" means the date that the Employee dies, reti res, or otherwise has <br />a severance from employment with the Employer, as determined by the Administrator (and <br />taking into account guidance issued under the Code). Solely for the purpose of determining <br />whether the Participant is entitled to receive a distrib ution of his or her Account Balance <br />457
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