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RES-2009-102A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2002R-195 WHICH ADOPTED THE ANAHEIM RETIREMENT HEALTH SAVINGS AND REIMBURSEMENT PLAN. WHEREAS. the Human Resources Director and the City Treasurer have recommended in a staff report dated June 23, 2009. that Resolution No. 2002R -195, as last amended by Resolution 2007R -197, be amended to change the Health Savings and Reimbursement Plan and the Integral Part Trust to a reflect the transfer of the administration of the plan from the City Treasurer to the Human Resource Director due to an organization restructure effective July 1. 2009; and WHEREAS, the City Council of the City of Anaheim does find that the aforementioned amendment is in the best interests of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Plan be amended and restated. A copy of the Plan as amended and restated is attached as Exhibit "A A copy of the I rust as amended is attached as Exhibit "B and BE IT FURTHER RESOLVED that the effective date of said amendment to Resolution No. 2002R- I95 4s July 1, 2009; and BE IT FURTHER RESOLVED that, except as amended herein, Resolution No 2002R -195 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23` day of June 2009, by the following role call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES NONE ABSENT: NONE ABSTAIN: NONE .ATTEST: CITY CLERK OF T!IECiTY OF ANAHEIM APPROVED AS TO FORM: CRISTINA L. TALLEY, CITY ATTORNEY BY- MOSES ASSIST OHNS NT CIT TTORNEY RESOLUTION NO. 2009- 102 MAYOR OF THE CITY (?F A EIM 300` HEAL FH SAVINGS AND REIMB[IRSEMENT PLANDOC EXHIBIT A CITY OF ANAHEIM HEALTH SAVINGS AND REIMBURSEMENT PLAN 7/01/09 TABLE OF CONTENTS ARTICLE I. NAMF 1 1.01 Establishment of Plan 1 .02 Purpose 1 ARTICLE II. DEFINITIONS 1 2.01 Account Balance 1 2.02 Benefits 1 2.03 Claim Administrator 1 2.04 Code 1 2.05 Covered Dependent 1 2.06 Covered Participant 1 2.07 Covered Person 2 2.08 Covered Spouse 2 2.09 Deferred Compensation Committee 2 2.10 Dependent 2 2.11 Disability 2 212 Eligible Employee 2 2.13 Eligible Medical Expenses 2 2.14 Eligible Premium Payments 2 2.15 Employee 2 2.16 Employer 3 2.17 Forfeitures 3 2.18 Participant 3 2.19 Participating Employee 3 2.20 Participating Employee (Rotating Department Employee Representative) 3 2.21 Plan Administrator 3 2.22 Plan Year 3 2.23 Provider 3 2.24 Spouse 3 225 Sub Committee 3 2.26 Valuation Date 3 ARTICLE III. PARTICPATION 3 3.01 Participation 3 ARTICLE IV. PLAN FUNDING 4 4.01 Integral Part Trust 4 4.02 Retirement Health Savings Plan Accounts 4 ARTICLE V. PAYMENT OF BENEFITS 5 x.01 Eligibility for Benefits 5 5.02 Claims for Benefits 5 ARTICLE VI. PLAN ADMINISTRATION 5 6.01 Allocation of Authority 5 6.02 Provision for Third -Party Plan Service Providers 6 6.03 Several Fiduciary Liability 6 6.04 Compensation of Plan Administrator 6 6.05 Bonding 6 6.06 Payment of Administrative Expenses 7 6.07 Timeliness of Payments 7 6.08 Annual Statements 7 6.09 Forfeitures 7 .ARTICLE VIl. CLAIMS PROCEDURE 8 ".01 Procedure if Benefits are Denied under the Plan 8 7 .02 Requirement for Written Notice of Claim Denial 8 7.03 Right to Request Hearing on Benefit Denial 8 7 .04 Disposition of Disputed Claims 8 .05 Preservation of Other Remedies 9 ARTICLE VIII. AMENDMENT OR TERMINATION OF PLAN 9 8.01 Permanency 9 8.02 Employer's Right to Amend or Terminate 9 ARTICLE IX. GENERAL PROVISIONS 9 9.01 No Employment Rights Conferred 9 9.02 Nonalienation of Benefits and Accounts 10 9.03 Mental or Physical Incompetency 10 9.04 Inability to Locate Payee- Forfeitures 10 9.05 Requirement of Proper Forms 10 9.06 Source of Payments 10 9.07 Tax Effects 11 9.08 Multiple Functions 11 9.09 Gender and Number 11 9.10 Headings 11 9.1 1 Applicable Laws 11 9.12 Severability 11 9.13 Miscellaneous 11 ii ARTICLE I. NAME This Instrument made and published by the City of Anaheim (hereinafter called "Employer on the 1st day of July. 2002. creates the City of Anaheim Retirement Health Savings Plan. The amendment and restatement of the Plan is effective July 1. 2009. 1 .0 1 Establishment of Plan The Employer hereby amends and restates the Retirement Health Savings Plan and Trust effective as of the 1st day of July 2009. However, the terms of this Plan Document may be supplemented by one or more "Adoption Agreements" established by the Employer in conjunction with this Plan. 1.02 Purpose This Plan has been established to allow certain former employees of the City, and their eligible spouses and dependents, to be reimbursed in limited amounts for the cost of certain medical expenses incurred by them through an Integral Part Trust as provided in Section 4.01. ARTICLE II. DEFINITIONS The following words and phrases as used herein shall have the following meanings for the purpose of this Plan. unless a different meaning is plainly required by the context: 2.01 Account Balance: The bookkeeping account maintained on behalf of a Participant pursuant to Section 3 01. 2.02 Benefits: Any amounts paid to reimburse a Covered Person for Eligible Medical Expenses incurred by such person. 2.03 Claims Administrator: The Claims Administrator appointed by the Provider(s) with the consent of the Plan Administrator or a Claims Administrator appointed by the Plan Administrator. 2,04 Code: The Internal Revenue Code of 1986, as amended. Reference to a section of the Code shall include such section and any comparable section or sections of any future legislation that amends, supplements. or supersedes such section. 2.05 Covered Dependent: A Dependent of a Covered Participant and a person who is a Covered Dependent of a Participant at the date of the Covered Participant's death. 2.06 Covered Participant: A Participant who is either: (a) a former Employee: or 1 (b) an Employee who has become totally and permanently disabled, as determined by CALPERS, and continues to be totally and permanently disabled, as determined by CALPERS. 2.07 Covered Person: A Covered Participant. a Covered Spouse and a Covered Dependent(s). 2.08 Covered Spouse: The Spouse of a Covered Participant and a person who was the Spouse of a Participant at the time of the Participant's death. 2.09 Deferred Compensation Committee: The Committee, consisting of the Plan Administrator, as Chairperson; the City Manager or his appointee; the Finance Director or his appointee; the City Treasurer or his appointee; two (2) Participating Employees and one (1) Rotating Department Employee Representative. 2.10 Dependent: .Any individual who is a dependent of a Participant within the meaning of Code Section 105(b) and Code Sections 152. 2.11 Disability: The substantial permanent inability of a Participant to engage in his usual occupation by reason of a medically determinable physical or mental impairment as determined by the Employer or by the Public Employees' Retirement System, on the basis of advice from a physician or physicians. 2.12 Fliuible Employee: Any Employee who meets the eligibility requirements for the Plan that are outlined in the Employer's Personnel Rule 23.7 Retirement Health Saving Plan, as amended and /or Letters of Understanding and /or Memorandums of Understanding with the collective hargaining representative for such Employee. 2.1 3 Eligible Medical Expenses: Under the terms of this Plan, "Eligible Medical Expenses" that are (i incurred by a Covered Person, and (ii) described in Section 213(d) of the Code; provided. however, that notwithstanding the foregoing, with respect to a Covered Person who, at the time of retirement or other termination of employment is not included in a unit of employees that is covered by a collective bargaining agreement. the term "Eligible Medical Expenses" shall be limited to the Eligible Premium Payments of a Covered Person. 2.14 Eligible Premium Payments: An amount that is described in Section 213(d) of the Code, and that is a premium paid or payable by a Covered Person for coverage of Covered Persons including, but not limited to, Medical insurance premiums, Medicare Part B insurance premiums, Medicare Part D insurance premiums. Medicare Supplemental insurance premiums, Prescription Drug insurance premiums, COBRA insurance premiums, Dental insurance premiums, Vision insurance premiums. and Qualified Long -Term Care insurance premiums, permitted under Section 213(d) of the Code. as amended. 2.15 Employee: Each natural person, whether appointed or elected, who is employed by the Employer as a common law employee, excluding any employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan. 2. 6 Employer: The City of Anaheim. 2.17 Forfeitures: Any unused amounts that remain in the Account of Participant, as provided for in Section 3.01(b). Section 9.04 or that otherwise arise under Section 4.02 or other the provisions of this Plan. 2.18 Participant: As described in Article III. 2.19 Participating Employee: An appointed member to the Deferred Compensation Committee. The Participating Employee must submit an Application for Appointment to the Committee. The Committee will select the Participating Employee. The Participating Employee must be a full -time employee with the City of Anaheim. This member shall serve a two (2) year term. 2.20 Participating Employee (Rotating Department Employee Representative): The Rotating Department Representative will be selected from Departments in the order of staff size. Any Department may choose to pass or not participate. The respective Department Head shall select the Department Representative. The Department Representative must be a full -time employee with the Cite of Anaheim. This member shall serve a two (2) year term. 2.21 Plan Administrator: The Human Resources Director shall serve as Plan Administrator unless another person or entity is designated by the City Council. Ilan Year: The calendar year. 2.23 Provider: An institution providing investments or deposit vehicles. 2.24 Spouse: A person who satisfies both of the following requirements: (i) the person is the Participant's lawful spouse as determined under the laws of the state in which the Participant has his or her primary place of residence. and (ii) the person is considered to be the Participant's spouse for purposes of Code Section 105(b). 2.25 Sub- Committee: A subdivision of the Committee and shall be less than a quorum of the Committee. 2.26 Valuation Date: Each business day. Ali other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in which they appear. ARTICLE III. PARTICIPATION 3.01 Participation (a) Each Eligible Employee shall become a Participant in this Plan at the time that a credit is made to the Account of such person under this Plan. A Participant's participation in the Plan shall cease at the earliest of (i) the date that the 4.(tl Integral Part Trust Participant's Account balance is either exhausted or forfeited, or (ii) the date of the Participant's death. b Upon the death of the Participant, the Account may be used by any persons who are, at the date of the Participant's death, either the Covered Spouse or a Covered Dependent who is a Dependent of the Participant. The Account may be used by any of such persons until such time as the amounts credited to the Account are exhausted. If there are no persons described in this paragraph (b), or all persons described in this paragraph (b) die before the amount credited to the deceased Participant's Account is exhausted, the balance in the Account shall be a Forfeiture. All Forfeitures shall either be expended for the payment of Plan expenses or allocated to the Accounts other Participants in accordance with Section 6.09 of the Plan. ARTICLE IV. PLAN FUNDING This Plan shall be funded solely through the '`Integral Part Trust" that was established in conjunction with the adoption of this Plan. The Employer shall make contributions to the Trust as is required under any applicable City policies established for non bargaining unit employees, including. without limitation, Personnel Rules 23.7 Retirement Health Saving Plan and 33 Post Retirement Medical Benefits, and the terms of any applicable collective bargaining agreements, as amended. 4.02 Retirement Health Savings Plan Accounts A separate Retirement Health Savings Plan Account shall be established for each Plan Participant. As is provided in the "Trust, any applicable City policies and the terms of any applicable collective bargaining agreements: Lai The Account of a Participant shall be credited for certain amounts of Employer contributions and other contributions that are made to the Trust on behalf of a Participant, (b) such Account may be subdivided into sub- accounts that are designed to track one or more types of contributions that are being made to the Plan on behalf of a Participant, and all or some of the sub- accounts of the Participant may be subject to forfeiture upon a Participant's termination of employment or other circumstances. Accounts shall be maintained only for purposes of bookkeeping under this Plan and its related Integral Part Trust; and the Employer shall not be required by the terms of this Plan and such 4 trust to maintain on its books for any Participant or other Covered Person an account or accounts with respect to this Plan. The account of a Participant shall be debited whenever the Plan reimburses the Participant or a Covered Person associated with such Participant for the Eligible Medical Expenses of such persons. When a Participant terminates employment, any portion of the Account that is not nonforfeitable shall be forfeited. Accordingly. the forfeited amount shall be deducted from the Participant's Account; and any assets of the Trust attributable to such forfeited amounts shall either he expended for the payment of Plan expenses or allocated to the Accounts other Participants in accordance with Section 6.09 of the Plan. ARTICLE V. PAYMENT OF BENEFITS 5.01 Eligibility for Benefits Each Covered Person shall be entitled to reimbursement for his documented Eligible Medical Expenses in an amount not to exceed the nonforfeitable Account balance of the Participant (or deceased Participant 5.02 Claims for Benefits No benefit shall be paid hereunder unless a Participant has first submitted a claim for benefits to the Claims Administrator in the manner specified by the Claims Administrator or Provider, and pursuant to the procedures set out in Article VI, below. Upon receipt of a properly documented claim, the Claims Administrator shall pay the Participant the benefits provided under this Plan as soon as is administratively feasible. ARTICLE VI. PLAN ADMINISTRATION 6.01 Allocation of Authority The Plan Administrator shall control and manage the operation and Administration of the Plan. The Employer shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Employer shall have the following powers and duties: (ai To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan. in accordance with the provisions of the Plan; (b) To determine the amount of benefits that shall be payable to any person in accordance with the provisions of the Plan; to inform the Claims Administrator, as appropriate. of the amount of such Benefits; and to provide a full and fair 5 review to any Participant whose claim for benefits has been denied in whole or in part; and c) To designate other persons to carry out any duty or power which would otherwise be a responsibility of the Plan Administrator, under the terms of the Plan. (d) To require any person to furnish such reasonable information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan: (e) To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for the efficient administration of the Plan. 6.02 Provision for Third -Party Plan Service Providers The Provider. subject to approval of the Plan Administrator, may employ the services of such persons as it may deem necessary or desirable in connection with operation of the Plan. The Plan Administrator, the Employer (and any person to whom it may delegate any duty or power in connection with the administration of the Plan), its Employees or Agents, the Trustees and all persons connected therewith may rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, accountant, (including Employees who are actuaries or accountants). consultant, third party administration service provider, legal counsel, or other specialist, and they shall be fully protected in respect to any action taken or permitted in good faith in reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons. 6.03 Several Fiduciary Liability To the extent permitted by law. neither the Plan Administrator, the Trustees, Employees or Agents of the Employer shall incur any liability for any acts or for failure to act except for his own willful misconduct or willful breach of this Plan. 6.04 Compensation of Plan Administrator Unless otherwise agreed to by the Employer. the Plan Administrator shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance of his duties shall be paid by the Employer. 6.05 Bonding Unless otherwise determined by the Employer, or unless required by any Federal or State law, the Plan Administrator shall not be required to give any bond or other security in any jurisdiction in connection with the administration of this Plan. 6 6.06 Pavment of Administrative Expenses All reasonable expenses incurred in administering the Plan shall be paid by the Employer, provided. however that the Account of each Participant shall be debited for the cost (if any) charged by the Provider or Claims Administrator for maintenance of his Benefit Account unless otherwise paid by the Employer. 6.07 Timeliness of Payments Subject to Section 7.01. payments shall he made as soon as administratively feasible but no longer than 30 calendar days after the required forms and documentation have been received by the Claims Administrator. 6.08 Statements The Provider and /or Claims Administrator shall furnish each Participant with a quarterly statement of his Account Balance within fifteen (15) days after the close of each quarter. 6.09 Forfeitures All Forfeitures shall either be expended for the payment of Plan expenses or allocated to the Accounts other Participants in accordance with the provisions of this Section. a) If a Forfeiture is attributable to the Account of a Participant who, at the time of retirement or other termination of employment, was not included in a unit of employees that was covered by a collective bargaining agreement, the Forfeiture shall be used for the payment of Plan expenses unless, at the time of the Forfeiture. any applicable City policies established for non bargaining unit employees. including without limitation, Personnel Rules 23.7 Retirement Health Saving Plan and 33 Post Retirement Medical Benefits, provide for an allocation of the Forfeiture to the Accounts of some or all of the other Plan Participants. (b) If a Forfeiture is attributable to the Account of a Participant who, at the time of retirement or other termination of employment, was included in a unit of employees that was covered by a collective bargaining agreement, the Forfeiture shall he used for the payment of Plan expenses unless, at the time of the Forfeiture, the provisions of a collective bargaining agreement that covers the employees who are employed within the unit of employees that previously employed the Participant provide for an allocation of the Forfeiture to the Accounts of some or all of the other Plan Participants. 7 ARTICLE VII. CLAIMS PROCEDURE 7.01 Procedure if Benefits are Denied Under the Plan Any Covered Person or his duly authorized representative may file a claim for a plan benefit to which the claimant believes that he is entitled. Such a claim must be filed in the manner specified by the Claims Administrator and delivered to the Claims Administrator, in person, electronically, or by mail. postage paid. Within thirty (30) days after receipt of such claim, the Claims Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed ninety (90) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 30 -day period. The Claims Administrator shall have full discretion to deny or grant a claim in whole or in part, subject to review by the Plan Administrator as set forth below. If notice of the denial of a claim is not furnished in accordance with this Section. the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and 7.04. 7.(>2 Requirement for Written Notice of Claim Denial The Claims Administrator shall provide, to every claimant who is denied a claim for benefits, written notice setting forth in a manner calculated to be understood by the claimant: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on which the denial is based; c i A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material is necessary; and (d) An explanation of the Plan's claim review procedure. 7 03 Right to Request Hearing on Benefit Denial Within sixty (60) days after the receipt by the claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized representative, upon written application to the Plan Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may review pertinent documents, and may submit issues and comments in writing. 7.04 Disposition of Disputed Claims Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on the review. The decision on review shall be written in a manner calculated to be 8 understood by the claimant and shall include specific reasons for the decision and specific references to the pertinent plan provisions on which the decision is based. The decision on review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review unless special circumstances require an extension of time for processing, in which case a decision shall be rendered not later than one hundred- twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of the decision on the review is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05. 7.05 Preservation of Other Remedies After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from pursuing any other legal or equitable remedy otherwise available. ARTICLE VIII. AMENDMENT OR TERMINATION OF PLAN 8.01 Permanency While the Employer fully expects that this Plan will continue indefinitely, permanency of the Plan will he subject to the Employer's right to amend or terminate the Plan, as provided in Sections 8.02. 8.02 Employer's Right to Amend or Terminate the Plan The Employer reserves the right to amend the Plan at any time and from time -to -time. Any such amendments may be made retroactively if it is deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of subsequent revenue or other laws, or the rules and regulations in effect under any of such laws or to conform with governmental regulations or other policies. to modify or amend in whole or in part any or all of the provisions of the Plan. The Employer reserves the right to discontinue or terminate the Plan at any time. ARTICLE IX. GENERAL PROVISIONS 9.01 No Employment Rights Conferred Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be continued in the employment of the Employer. 9 9.02 Nonalienation of Benefits and Accounts No benefit or Account balance under the Plan shall be subject in any manner to anticipation, alienation. sale, transfer, assignment, pledge. encumbrance or charge, and any attempt to do so shall be void. No benefit or Account balance under the Plan shall in any manner be liable for or subject to the debts, contracts. liabilities, engagements or torts of any person. No Participant or Covered Person shall be permitted or required to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit or Account balance under the Plan; and any attempts to do so shall he void. 9.03 Mental or Physical Incompetency If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent by reason of physical or mental disability, he may cause all payments thereafter becoming due to such person to be made to any other person for his benefit, without responsibility to follow the application of amounts so paid. Payments made pursuant to this Section shall completely discharge the Plan Administrator and the Employer. 9.04 Inability to Locate Payee- Forfeitures The Plan Administrator shall make a reasonable effort to locate all persons entitled to benefits under the Plan; however, notwithstanding any provision in the Plan to the contrary, if, after a period of lour (4) ears from the date such benefit shall be due, any such persons entitled to benefits have not been located, their rights under the Plan shall be construed as if such persons had died immediately before such Plan benefits became payable. Before this provision becomes operative. the Plan Administrator shall send a certified letter to all such persons at their last known address advising them that their interest or benefits under the Plan shall be so construed. Five (5 ears from the time the benefits first became payable, if no Covered Person can be found, the Account Balance of the Participant shall be considered a Forfeiture. All Forfeitures shall either be expended for the payment of Plan expenses or allocated to the Accounts of other Participants in accordance with Section 6.09 of the Plan. 9.05 Requirement of Proper Forms All communications in connection with the Plan made by a Participant shall become effective only when duly executed on forms provided by and filed with the Plan Administrator. 9.06 Source of Payments The Integral Part Trust shall be the sole source of benefits under the Plan. No Covered Persons or other person shall have any right to. or interest in, any assets of the Employer upon termination of employment or otherwise. 10 9.07 Tax Effects Neither the Employer nor the Plan Administrator makes any warranty or other representation as to whether any payments received by a Participant hereunder will be treated as includible in gross income for federal or state income tax purposes; and the Employer may withhold taxes from reimbursements and report reimbursements as taxable income to the extent that that the Employer deems is required by law. 9. 08 '_Multiple Functions Any person or group of persons may serve in more than one capacity with respect to the Plan. 9.09 Gender and Number The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. 9.10 Headings The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. 9.11 Applicable Laws The provisions of the Plan shall be construed, administered and enforced according to the laws of the State of California. 9 Severability Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. 9.13 Miscellaneous The Deferred Compensation Committee is empowered to review, evaluate, and make recommendations for product providers to the City Council. Additionally, the Deferred Compensation Committee will serve as an advisor to the Plan Administrator in decisions, specific duties and responsibilities for overall plan administration are noted below: A. CITY COUNCIL Authorize. by resolution, the Health Saving and Reimbursement Plan in compliance with Section 105(c) and Section 106 of the Code. Approves additions or removal of Plan Providers, as well as approves major amendments to approved plans. 11 Authorize the administration of the Plan. PLAN ADMINISTRATOR l Day to day administration. including approval of Plan enrollment forms. Authority to sign all legal agreements with approved Plan Providers, including minor Plan amendments. Communicating the Retirement Health Savings Program to employees. Maintain Retirement Health Savings Programs Procedures Manual and related Plan documents. Coordinate Plan Provider /City employee meeting schedule. The Plan Administrator shall have the right to delegate any of the above duties to staff. DEFERRED COMPENSATION COMMITTEE Conduct reviews of the Retirement Health Savings Program and make recommendations as necessary. Review Plan Providers performance and assist in the Plan Administrator in developing recommendations on adding, deleting or amending Plan Providers to the City Council. Review and make determinations on adding, deleting or amending Investment Options. 4. The Committee shall have the power to appoint subcommittees. SLAB- COMMITTEE Performs task within the scope of the Committee's responsibility. The Sub- committee makes reports and recommendations for consideration to the Committee. 12 IN WITNESS WHEREOF, we have executed this Plan the date and year first written above. CITY OF ANAHEIM BY: ATTEST PLAN ADMINISTRATOR LINDA ANDAL, CITY CLE APPROVED AS TO FORM: CRISTINA L. TALLEY, CITY ATTORNEY BYE 'M S W. 1 SON, A SISTAN, IITY ATTORNEY 13 2009 RHS Trust Unmarked. D(4 EXHIBIT B DECLARATION OF TRUST OF THE CITY OF ANAHEIM INTEGRAL PART TRUST 7/1/09 RECITALS DECLARATION OF TRUST OF THE CITY OF ANAHEIM INTEGRAL PART TRUST 7/1/09 Declaration of Trust made effective as of the 1 day of July, 2002, by and between the City of Anaheim, California. a municipal corporation (hereinafter referred to as the "Employer and the City of _Anaheim Deferred Compensation Committee (hereinafter referred to as the "Trustees as amended July 1. 2009. WHEREAS, the Employer is a political subdivision of the State of California exempt from federal income tax under the Internal Revenue Code of 1986; and WHEREAS, the Employer has established the City of Anaheim Retirement Health Savings Plan (the "Plan") to provides for the security and welfare of certain eligible employees (hereinafter referred to as "Participants and their Spouses and Dependents (collectively "Covered Persons"); and WHEREAS, the Plan is an essential function and integral part of the exempt activities of the Employer and the purpose of this trust is providing funding for the Plan through a segregated fund; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in this Declaration of Trust; NOW, 'THEREFORE, the parties hereto do hereby establish this trust, to be known as the Declaration of Trust of the City of Anaheim Integral Part Trust (hereinafter referred to as the "Trust and agree that the following shall constitute the Declaration of Trust (hereinafter referred to as the "Declaration"): ARTICLE I. DEFINITIONS Detinitiom For the purposes of this Declaration, capitalized terms shall have the meanings ascribed to them in the Plan. unless otherwise expressly provided herein; and the following terms shall have the respective meanings set forth below, unless otherwise expressly provided. 1 1 Deferred Compensation Committee: Shall mean the Committee, consisting of the Human Resources Director, as Chairperson; the City Manager or his appointee; the Finance Director or his appointee; the City Treasurer or his appointee; two (2) Participating Employees and one (1) Rotating Department Employee Representative. 1 1 ,02 Investment Fund: means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets may be separately invested as herein provided. 1.03 Provider: means the ICMA Retirement Corporation or any other person appointed as such by the Employer. 1.04 Trust: means the Integral Part Trust established by this Declaration. 1. 05 Trustees: means the persons who are members of the Deferred Compensation Committee; and any such person shall cease to be trustees at the time that they cease to be members of such committee. The term trustee also shall include any other person or persons named by the Employer as trustees, including a third party as trustee. ARTICLE II. ESTABLISHMENT OF TRUST 2.01 The Trust is hereby established as of the date set forth above for the purposes of providing funds for the payment of benefits under the Plan. ARTICLE III. CONSTRUCTION 3.01 This Trust and its validity, construction and effect shall be governed by the laws of the State of California. 3.02 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate. and the singular form of words shall be read as the plural where appropriate. 3.03 If any provision of this Trust shall be held illegal or invalid for any reason. such determination shall not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of this Trust. ARTICLE IV. BENEFITS 4.01 Benefits. This Trust shall provide benefits to Covered Persons in accordance with the terms of the Plan. 4.02 Form of Benefits. This Trust shall provide benefits by cash payment to the Participant or other Covered Person as provided for in the Plan. In addition, if the Employer should make a payment directly to a medical provider on behalf of a Covered Person and payment of such amount by the Covered Person would constitute the Covered Person's payment of an Eligible Medical Expense, with the consent of the Covered Person, the Employer shall be reimbursed from this Trust for the amount of such payment made by the Employer. ARTICLE V. GENERAL DUTIES 5.01 It shall be the duty of the Trustees to hold title to assets held in respect of the Plan in the Trustee's name as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to compute the amount of contributions to be paid to the Trust by the Employer or to take any steps to collect such amounts as may be due to be held in trust under the Plan. The Trustees shall not be responsible for the custody, investment, safekeeping or disposition of any assets comprising the Trust. to the extent such functions are performed by the Employer or the Provider, or both. 5.02 It shall be the duty of the Employer. subject to the provisions of the Plan, to pay over to the Provider or other person designated hereunder from time to time all Employer contributions and other contributions provided for under the Plan and the Adoption Agreements. It shall be the duty of the Provider to inform the Employer and the Trustees in writing as to the identity and value of the assets titled in the Trustees' name hereunder and to keep accurate books and records with respect to the Accounts of Plan Participants. ARTICLE VI. INVESTMENTS 6.01 The Employer may appoint one or more Providers to manage and control all or part of the assets of the Trust and the Employer shall notify the Trustees in writing of any such appointment. 6.02 The Trustees shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as directed Trustees of the assets of which it holds title. To the extent directed by the Employer (or Participants or Covered Persons to the extent provided herein) the Trustees are authorized and empowered with the following powers, rights and duties, each of which the Trustees shall exercise in a non discretionary manner: (a) To cause bonds, securities, or other investments to be registered in its name as the Trustees or in the name of a nominee, or to take and keep the same unregistered; 6) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. "l he Trustees shall not he liable for the acts of such agents and counsel or for the acts done in good faith and in reliance upon the advice of such agents and le counsel. provided it has used reasonable care in selecting such agents and legal counsel: O To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust may be invested and to pay the premiums thereon; and (d) At the direction of the Employer (or Participants or Covered Persons to the extent provided herein. or the investment manager, as the case may be) to sell, write options on, convey or transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non income producing and wherever situated, including but not limited to. time deposits (including time deposits in the Provider or its affiliates. or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures. equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securities and other corporate, individual or government securities or obligations, annuity. retirement or other insurance contracts, mutual funds (including funds for which the Provider or its affiliates serve as investment advisor. custodian or in a similar or related capacity), or in units of any other common. collective or commingled trust fund. 6.03 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustees as title holders only. Persons holding custody or possession of assets titled to the Trust may include the Employer. the Provider, the investment manager, and any agents and subagents, but not the Trustees. The Trustees shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer. the Provider, the investment manager, or such agents to take title to any assets nor shall the Trustees be responsible or liable for any loss or expense which may result from the Trustees' refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustees' breach of fiduciary duty or intentional misconduct. The Trustees may refuse to comply with any direction from the Employer. the Provider, the investment manager, or such agents in the went that the Trustees. in their sole and absolute discretion, deem such direction illegal. 6.04 The Employer hereby agrees to indemnify and holds the Trustees harmless from any and all actions. claims, demands, liabilities. losses, damages or reasonable expenses of whatsoever kind and nature in connection with or arising out of (i) any action taken or omitted in good faith by the "Trustees in accordance with the directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustees in accordance with the directions of the Employer. the Plan Administrator or the Claims Administrator, or (iii) an action taken by or omitted in good faith by the Trustees with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any such investment in the absence of directions from the in\ estment manager. Notwithstanding anything to the contrary herein, the Employer shall have no responsibility to the Trustees under the foregoing indemnification if the Trustees fail intentionally or recklessly to perform any of the duties undertaken by them under the provisions of this Trust. 6.05 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer, the Provider and the investment manager or another agent of the Employer, will be responsible for valuing all assets so acquired for all purposes of the Trust and of holding, inti esting, trading and disposing of the same. The Employer will indemnify and hold the 4 Trustees harmless against any and all claims, actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise from or are related to any use of such valuation by the Provider or holding. trading, or disposition of such assets. ARTICLE VII. CONTRIBUTIONS 7.01 Employer Contributions The Employer shall contribute to the Trust such amounts as specified in the Plan. the Adoption Agreements, applicable City policies and collective bargaining agreements. 7.02 Participant Contributions Participants may not make after tax contributions to this Trust. 7.03 Accrued Leave The Employer shall make contributions to this Plan that are attributable to reductions in the amount of a Participant's accrued sick leave, vacation leave, paid leave, holiday pay or other type of accrued leave (collectively, "Accrued Leave as is required under the terms of the Plan, the Adoption Agreements, applicable City policies and collective bargaining agreements. The Plan shall provide a formula for determining the value of the contribution to be made on behalf a participant pursuant to a reduction in accrued leave. (a) under the terms of the Plan. neither the Participant nor any other person shall be entitled to any cash payment that is attributable to the amounts credited to the Participant's Account. 7.04 Accounts The Account of a Participant shall be credited with the Employer contributions and other contributions that are paid to the Trust on behalf of such Participant. Amounts held in the Trust that are attributable to a Participant's Account shall be invested in Investment Funds as directed by the Participant (or. after the Participant's death, by the Covered Persons) from among the Investment Funds selected by the Employer. The Participant's Account shall be adjusted upward and downward to reflect the investment income and realized and unrealized gains and losses attributable to such investments of the Trust. The Account shall also be debited for any fbrfeitures allocable thereto. All Forfeitures shall either be expended for the payment of Plan expenses or allocated to the Accounts other Participants in accordance with the provisions of this Section. (a) If a Forfeiture is attributable to the Account of a Participant who, at the time of retirement or other termination of employment, was not included in a unit of employees that was covered by a collective bargaining agreement, the Forfeiture shall he used for the payment of Plan expenses unless, at the time of the Forfeiture. any applicable City policies established for non bargaining unit employees, including without limitation, Personnel Rules 23.7 Retirement Health Saving Plan and 33 Post Retirement Medical Benefits, provide for an allocation of the Forfeiture to the Accounts of some or all of the other Plan Partici pants. (b) If a Forfeiture is attributable to the Account of a Participant who, at the time of retirement or other termination of employment, was included in a unit of employees that was covered by a collective bargaining agreement, the Forfeiture shall be used for the payment of Plan expenses unless, at the time of the Forfeiture, the provisions of a collective bargaining agreement that covers the employees who are employed within the unit of employees that previously employed the Participant provide for an allocation of the Forfeiture to the Accounts of some or all of the other Plan Participants. 7.05 Receipt of Contributions The Employer or, if so designated by the Employer, the Provider or investment manager or another agent of the Employer, shall receive all contributions paid or delivered to it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declaration, without distinction between principal and income. The Trustees shall not be responsible for the calculation or collection of any contribution under the Plan. but shall hold title to property received in respect of the Plan in the Trustees' name as directed by the Employer or its designee pursuant to this Declaration. 7 0 No amount in any Account maintained under this Trust or otherwise payable as a Benefit under the Plan shall be subject to transfer, assignment, or alienation, whether voluntary or im oluntarv, in favor of any creditor, transferee. or assignee of the Employer, the Trustees, any Participant. or Covered Person or any other person. Notwithstanding the foregoing, a valid domestic relations order issued by a court of competent jurisdiction may require that all or a portion of the nonforfetiable Account balance of a Participant be used to reimburse the Eligible Medical Expenses of an "Alternate Payee Any such order may provide that such reimbursement shall be provided directly from the Participant's Account or that all or a portion of the Participant's Account shall segregated into a separate account and used solely for such purposes. For this purposes, an Alternate Payee may be a Spouse or former Spouse of a Participant, or a child of a Participant. 7.( }7 l ipon the satisfaction of all liabilities under the Plan to provide Benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in the Plan shall be returned to the Employer. ARTICLE VIII. OTHER PLANS 8.01 I f the Employer hereafter adopts one or more other plans providing medical or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Provider or an investment manager or another agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Provider or an investment manager or another agent of the Employer, may commingle for investment purposes the contributions received under such other plan or plans with the contributions previously received by the Trust. but the books and records of the Employer or, if so designated by the Employer, the Provider or an investment manager or another agent of the 6 Employer. shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan. ARTICLE IX. DISBURSEMENTS AND EXPENSES 9.01 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan. 9.02 All payments of Benefits under the Plan shall be made to Covered Persons exclusively from the assets of the Trust that are properly attributable to the Account of the relevant Participant and no person shall be entitled to look to any other source for such payments. 9.03 The Employer and Provider, as authorized by the Employer, may be reimbursed for expenses reasonably incurred by them in the administration of the Plan and Trust. All such expenses, including. without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and, unless otherwise paid by the Employer. shall he paid from the Trust upon the direction of the Employer. ARTICLE X. ACCOUNTING 10.01 The Trustees shall not be required to keep accounts of the investments, receipts, disbursements. and other transactions of the Trust, except as necessary to perform its title holding function hereunder. All accounts. books, and records relating thereto shall be maintained by the Provider. 10.12 As promptly as possible following the close of each quarter, the Provider shall file with the Employer a written account setting forth assets titled to the Trust. ARTICLE XI. MISCELLANEOUS PROVISIONS 1 1.01 Neither the Trustees nor any affiliate thereof shall be required to give any bond or to qualify before. be appointed by. or account to any court of law in the exercise of its powers hereunder 11.02 No person transferring title or receiving a transfer of title from the Trustees shall be obligated to look to the propriety of the acts of the Trustees in connection therewith. 11.03 The Employer may engage the Provider as its agent in the performance of any duties required of the Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustees under this Declaration. 7 1 1,04 The Employer shall have the right at all reasonable times during the term of this Declaration and for three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract information from. and copy all books, records, accounts, and other documents of the Trustees and Provider relating to this Declaration and the Trustees' and Provider's performance hereunder. ARTICLE XII. AMENDMENT AND TERMINATION 12.01 The Employer reserves the right to alter, amend, or terminate this Declaration at any time for any reason without the consent of the Trustees or any other person, provided that no amendment affecting the rights. duties, or responsibilities of the Trustees shall be adopted without the execution of the Trustees to the amendment. Any such amendment shall become effective as of the date provided in the amendment, if requiring the Trustees' execution, or on delivery of the amendment to the Trustees. if the Trustees' execution is not required. 12 02 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE XIII. TERMINATION OF THE TRUSTEE RELATIONSHIP 1 3.01 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving ninety (90 days' advance written notice. 13.02 Trustees other than members of the Compensation Committee have the right to resign at any time by giving ninety (90) days' advance written notice to the Employer. 13.03 In the event of discharge or resignation of a Trustee, the Employer may appoint a successor Trustee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declaration, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and responsibilities for the Trust. ARTICLE XIV. LIMITED EFFECT OF PLAN AND TRUST 14.01 Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or account. nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustees, the Plan Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration. ARTICLE XV. PROTECTIVE CLAUSE 15.01 Neither the Plan Administrator, the Employer, nor the Trustees shall be responsible for the validity of any contract of insurance or other arrangement maintained in connection with the 8 Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract. or for the action of any person which may delay payment or render a contract void or unenforceable in whole or in part. 9 IN WITNESS WHEREOF, the Employer and the Trustees have executed this Declaration, as of the date first hereinabove mentioned. Bv By: By: By: By: By: ACKNOWLEDGED AND AGREED TO BY THE FOLLOWING TRUSTEES: HE Y W,STERN C WILLIAM SWEENE GREG G RCIA TOM HEILIGENTH OHN HIT ELISA STIPKO.f C LINDA ANDAL, CITY CLERK APPROVED AS TO FORM: CRISTINA L. LLEY CITY ATTORNEY Title: MAYOR Title: HUMAN RESOUCES DIRECTOR/PLAN ADMINISTRATOR Title: CITY TREASURER Title: FINANCE DIRECTOR Title: CITY MANAGER'S APOINTEE Title: PARTICIPATING EMPLOYEE L Title: PARTICIPATING EMPLOYEE SES W 1 SON, ASSISTANT CITY ATTORNEY 10 Title: PARTICIPATING EMPLOYEE ROTATING DEPARTMENT MEMBER