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91-172 RESOLUTION NO. 91R- 172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE General Truck Drivers Union, Local 952 AND THE CITY OF ANAHEIM. WHEREAS, the Labor Relations Director has met and conferred with officials of the General Truck Drivers Union, Local 952 to discuss implementation of a defined contribution pension plan; and WHEREAS, a Letter of Understanding dated June 4, 1991 between the parties has been prepared and signed to be effective upon action of the City Council of the city of Anaheim; and WHEREAS, the City Council of the City of Anaheim does find that is in the best interest of the city of Anaheim to approve said Letter of Understanding; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Anaheim that the Letter of Understanding dated June 4, 1991 between the General Truck Drivers Union, Local 952 and the city of Anaheim, copies of which are attached hereto and incorporated by reference herein, are hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of June, 1991. ATTEST: CITY CLERK OF THE CITY OF ANAH~M APPROVED AS TO FORM: CITY ATTORNEY OF THE CITY OF ANAHEIM 8467/C STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R.-172 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of June, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-172 on the 12th day of June, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of June, 1991. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-172, duly passed and adopted by the City Council of the City of Anaheim on June 11, 1991. CITY CLERK OF THE CITY OF ANAHEIM LETTER OF UNDEP~TANDING BETWEEN THE GENERAL TRUCK DRIVERS UNION, LOCAL 952 AND THE CITY OF ANAHEIM The General Truck Drivers Union, Local 952 ("UNION") and the City of Anaheim ("ANAHEIM"), after meeting and conferring, have reached an understanding on the implementation of Section 3121(b) (7) (F) of the Internal Revenue Code for Part-time Employees of the Parking Lot Employees Unit of Representation as specifically provided herein: 1. ANAHEIM and the UNION agree that Anaheim shall adopt a 457 plan as the vehicle for a permitted defined contribution retirement plan for eligible employees of the Parking Lot Employees Unit. 2. ANAHEIM and the UNION agree that mandatory participation is required by all employees in category 1A Part-time Employees (Article II page 4 of the Memorandum of Understanding between ANAHEIM and the UNION). 3. ANAHEIM and the UNION agree that employees in category lB Part-time thirty (30) hour Employees (Article II page 4 of the Memorandum of Understanding between ANAHEIM and the UNION) are not eligible to participate in the mandatory 457 program. 4. ANAHEIM and the UNION agree that the employer contribution to the plan will be 3.75% of bi-weekly gross pay. 5. ANAHEIM and the UNION agree that the employee contribution to the plan will be 3.75% of bi-weekly gross pay. 6. ANAHEIM and the UNION agree that Anaheim shall select a single financial institution as the depository for the Parking Lot employees retirement account, and that all (employee and employer) contributions to this mandatory program will be separately accounted for. 7. ANAHEIM and the UNION agree that Employee and Employer contributions will begin on June 28, 1991 and continue during the life of this Letter of Understanding. 8. ANAHEIM and the UNION agree that employees will be fully vested in the benefit (both employee and employer contributions) at the time of initial contributions. 9. ANAHEIM and the UNION agree that employees will not be removed from the plan, except at such time as the ~ employee is formally removed from the city payroll. 10. ANAHEIM agrees that, Anaheim will develop and adopt such amendments to the 457 plan, necessary to ensure compliance with Internal Revenue Service regulations and rulings at such time as they are issued. 11. Either ANAHEIM or the UNION may, at its sole discretion, terminate this agreement upon 90 days notice to the other party. It being understood that termination of this agreement would result in the implementation of Social Security payments by the employee and the employer as required by Section 3121(b) (7)(F) of the Internal Revenue Code. STAFF OFFICIALS OF THE GENERAL TRUCK DRIVERS CITY OF ANAHEIM, a UNION, Local 952 Munici/1 Cor~atio~ By By Dated: Dated: 8455/C