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98-242RESOLUTION NO. 98R-2_6_2_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 75R-431, WHICH ESTABLISHED A DEFERRED COMPENSATION PLAN FOR FULL-TIME EMPLOYEES, TO ADDRESS OPERATIONAL ISSUES AND ESTABLISH A TRUST WHEREAS, the City Treasurer has recommended in a staff report dated November 3, 1998, that resolution No. 75R-431 be amended in the manner herein set forth, effective January 1, 1999; and WHEREAS, as a result thereof, the need exists to amend Resolution No. 75R-431 which established the City of Anaheim Deferred Compensation Plan (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 the Plan be amended and restated. A copy of the Plan is attached as Exhibit "A". BE IT FURTHER RESOLVED that the effective date of said amendment to Resolution No. 75R-431 is January 1, 1999. AND BE IT FURTHER RESOLVED that, except as amended herein, Resolution 75R-431 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3rd day of November, 1998. ATTES~3~ CITY CLE~ OF T~ CITY OF ~IM APPROVED AS TO FORM: ANAHEIM EXHIBIT "A" CITY OF ANAHEIM DEFERRED COMPENSATION PLAN ARTICLE I. NAME The Employer hereby amends and restates the Employer's Deferred Compensation Plan and Trust. The name of this plan is the City of Anaheim Deferred Compensation Plan hereinafter referred to as the =Plan." The Plan consists of the provisions set forth in this document. Except as otherwise provided herein, this amendment and restatement of the Plan is effective January 1, 1999. ARTICLE II. PURPOSE 2.01 The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the Internal Revenue Code of 1986, as amended (the "Code"). 2.02 This Plan shall be an agreement solely between the Employer and participating Employees. The Plan and Trust forming a part hereof are established and shall be maintained for the exclusive benefit of eligible Employees and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the Employer or be used for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries. 2.03 The Employer does not and cannot represent or guarantee that any particular federal and state income, payroll or other tax consequences will occur by reason of an Employee's participation in this Plan. The Participant should consult with his own attorney or other representative regarding all tax or other consequences of participation in this Plan. ARTICLE III. DEFINITIONS For the purposes of this Plan, certain words or phrases used herein will have the following meanings: 3.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the investment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation.