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98-244RESOLUTION NO. 98R-2~a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A DEFERRED COMPENSATION PLAN TRUST AS REQUIRED BY THE INTERNAL REVENUE CODE WHEREAS, the Small Business Job Protection Act of 1996 ("SBJPA") and the Tax Payer Relief Act of 1997 ("TRA '97") added a new subsection (g) to Section 457 of the Internal Revenue Code (Code) to provide that all assets and income under a Section 457 (b) plan that is maintained by a state or local government employer must be held in trust for the exclusive benefit of plan participants and their beneficiaries; and WHEREAS, Section 457 of the Code applies to nonqualified deferred compensation plans established by state and local governments and tax-exempt employers; and WHEREAS, an eligible employer that is a state or local government must amend its Section 457 (b) plan to comply with the mandatory trust requirement of Section 457 (g); and WHEREAS, the eligible government employer must adopt a trust to hold all assets and income of the Section 457 (b) plan; and WHEREAS, the Trust must be a valid instrument under state law. WHEREAS, recent legislative changes require that a Trust be established by January 1, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City of Anaheim Deferred Compensation Plan Trust (hereinafter called "PLAN TRUST") attached as Exhibit "C" and incorporated herein is hereby adopted. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that all property and rights purchased with amounts of compensation deferred pursuant to the Plan, shall be held in trust for the exclusive benefit of participants and beneficiaries under the Plan. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the effective date of this PLAN TRUST shall be January 1, 1999. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the PLAN is intended to qualify as an eligible deferred compensation plan under IRC Section 457. EXHIBIT uC" CITY OF ANAHEIM SECTION 457 DEFERRED COMPENSATION PLAN TRUST ARTICLE I - CREATION OF TRUST 1.1 Effective Date. The City of Anaheim Section 457 Deferred Compensation Plan Trust shall be effective on January 1, 1999. Funding of the Trust with money or other assets constituting trust assets shall occur as soon as is pracUcal following the establishment of the Trust. 1.2 Name of Trust. The name of the trust created by this instrument shall be the City of Anaheim Section 457 Deferred Compensation Plan Trust. 1.3 Purpose of Trust. This Trust has been established to fulfill the obligations of the City of Anaheim to comply with the requirements of Section 457 (g) of the United States Internal Revenue Code of 1986, as amended. Specifically, assets of the Trust are to be held for the exclusive benefit of Participants and Beneficiaries under the Plans (as defined below), and shall not be available for use by the City of Anaheim or creditors of the City of Anaheim. 1.4 Selection of Trustee. The members of the Deferred Compensation Committee of the City of Anaheim shall serve in the capacity of Trustee. The three Deferred Compensation Committee members collectively shall serve as the Trustees of the Trust. ARTICLE II - TRUST ASSETS 2.1 Trust Assets. The Trust assets shall consist of all contributions and earnings thereon made under the Deferred Compensation Plan and the Deferred Compensation Plan for Employees Not Covered By CALPERS (collectively hereinafter referred to as "the Plan,") less payments made under the terms of the Plan including fees and expenses. If the assets of this Trust are invested in an annuity contract or custodial account, the Trust shall own the contract or account. 2.2 Trust Fund. No part of the Trust Fund shall be used for, or diverted to, purposes other than for the exclusive benefit of the participants, former participants with an interest in the Plan, or beneficiaries of a deceased participant having an interest in the Fund at the death of the participant.