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97-215RESOLUTION NO. 97R -215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R -173 WHICH ESTABLISHED A DEFERRED COMPENSATION PLAN FOR PART -TIME, TEMPORARY, AND SEASONAL EMPLOYEES TO INCORPORATE RECENTLY ENACTED FEDERAL LAWS WHEREAS, on July 1, 1991, the City of Anaheim approved and adopted Resolution No. 91R -173, establishing a Deferred Compensation Plan for its part -time, temporary, and seasonal employees; and WHEREAS, the City Treasurer has recommended in a staff report dated November 18, 1997, that Resolution No. 91R -173 be amended in the manner hereinafter set forth, effective December 1, 1997; and WHEREAS, as a result thereof, the need exists to amend Resolution No. 91R -173 which established the City of Anaheim Deferred Compensation Plan for Employees Not Covered By CALPERS, (hereinafter called "PLAN for full time employees in compliance with Section 457 of the Internal Revenue Code; and WHEREAS, the City Council of the City of Anaheim does find that the aforementioned amendment is in the best interest of the City of Anaheim; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Sections 5.1, 11.6, 11.7 and 11.8 of the PLAN be amended to read as follows: "5.1 The maximum amount of the compensation of any Participant which may be deferred under the Plan shall not exceed the lesser of $7,500.00 in a calendar year or such greater dollar amount adjusted for the cost -of- living in accordance with Section 457 of the IRS Code for calendar years beginning after December 31, 1996 or 33 1/3% of the Participant's includible compensation for the calendar year." "11.6 Inactive Accounts (De Minimis) Effective on or after January 1, 1998, and notwithstanding the foregoing, the Participant may elect to receive or the Employer may distribute without the consent of the Participant, the Participant's entire account if all the following conditions are met: (i) The value of a Participant's account does not exceed 24961.1 \mjohnson \November 13, 1997 $5,000, (ii) No amount has been deferred under the Plan with respect to the Participant during the 2 year period (24 months) prior to the distribution, and (iii) There has been no prior distribution under the Plan to the Participant pursuant to this section." "11.7 One Additional Deferral of Commencement Date Effective on or after January 1, 1997, the Participant may postpone the original deferred distribution date elected in Section 11.1 to a later date, but not later than April 1 of the calendar year following the calendar year the Participant attains age 70 4, provided that: (A) Such election is made prior to the deferred commencement date elected in Section 11.1 and before distributions have commenced; and (B) The Participant may make only one (1) such election." "11.8 Other Distributions: Notwithstanding any other provisions of the Plan, the Employer may change the time or methods of benefit payment pursuant this Plan." BE IT FURTHER RESOLVED that the effective date of said amendment to Resolution 91R -173 is December 1, 1997. AND BE IT FURTHER RESOLVED that, except as amended herein, Resolution 91R -173 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th of No tuber, 1997. CITY CLERK OF THE CITY OF ANAHEIM 24961.1 \mjohnson \November 13, 1997 MAYOR 0 THE CITY OF ANAH M 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. 97R -215 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of November, 1997, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -215 on the 18th day of November, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of November, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -215 was duly passed and adopted by the City Council of the City of Anaheim on November 18th, 1997. CITY CLERK OF THE CITY OF ANAHEIM AMENDMENT CITY OF ANAHEIM DEFERRED COMPENSATION PLAN FOR EMPLOYEES NOT COVERED BY CALPERS SECTION 5. DEFERRAL OF COMPENSATION: 5.1 The Contributions shade -ow behalf of -a Participant far the taxable year- shall- -not exceed-the-lesser-of: (A) $7,500.00 or (B) 33- -4/3 percent- ofthe-- Participant''s Includable-- Gempensation- os-such taxable y ar. 5.1 The maximum amount of the compensation of any Participant which may be deferred under the Plan shall not exceed the lesser of $7,500.00 in a calendar year or such greater dollar amount adjusted for the cost -of- living in accordance with Section 457 of the IRS Code for calendar years beginning after December 31, 1996 or 33 1/3% of the Participant's includible compensation for the calendar year. 11.6 Inactive Accounts (De Minimis) Effective on or after January 1, 1998, and notwithstanding the foregoing, the Participant may elect to receive or the Employer may distribute without the consent of the Participant, the Participant's entire account if all the following conditions are met: (i) The value of a Participant's account does not exceed $5,000 (ii) No amount has been deferred under the Plan with respect to the Participant during the 2 year period (24 months) prior to the distribution and (iii) There has been no prior distribution under the Plan to the Participant pursuant to this section: 11. One Additional Deferral of Commencement Date Effective on or after January 1, 1997, the Participant may postpone the original deferred distribution date elected in Section 11.1 to a later date, but not later than April 1 of the calendar year following the calendar year the Participant attains age 70 1 /2,provided that: (A) Such election is made prior to the deferred commencement date elected in Section 11.1 and before distributions have commenced; and (B1. The Participant may make onlyonelJ) such election. 4-176 11.8 Other Distributions: Notwithstanding any other provisions of the Plan, the Employer may change the time or methods of benefit payment pursuant this Plan. APPROVED AS TO FORM: JACK L. WHITE, GENERAL COUNSEL