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HomeMy WebLinkAboutResolution-2007-0038 RESOLUTION NO. 38 SERIES OF 2007 TITLE: A RESOLUTION APPROVING THE ADOPTION OF THE AMENDMENT OF THE CITY OF WHEAT RIDGE MONEY PURCHASE PENSION PLAN FOR DESIGNATED POLICE DEPARTMENT EMPLOYEES FOR THE PURPOSE OF CLARIFYING THE PARTICIPATION AND VESTING OF POLICE CHIEFS. WHEREAS, the City of Wheat Ridge established and maintains the Money Purchase Pension Plan for Designated Police Department Employees (the "Plan"), most recently amended and restated on January 8, 2007 effective as of January 1, 1997; and WHEREAS, the Plan's Pension Board (the "Board") has determined that it is in the best interest of the City of Wheat Ridge and the City of Wheat Ridge employees to amend the Plan to clarify the historical and future participation and vesting of persons employed by the police department of the City of Wheat Ridge in the position of police chief; and WHEREAS, in accordance with Municipal Code S 19-52(e), a summary of the amendment has been provided to all members of the Plan, who have been polled regarding and have provided their approval of the amendment as provided in C.R.S. S 31-30.5-101 et seq.; and WHEREAS, the City of Wheat Ridge is authorized to amend the Plan pursuant to Section 14.01 of the Plan and Municipal Code S 19-52(e). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: 1. Effective as of September 24, 2007 the City of Wheat Ridge Money Purchase Pension Plan for Designated Police Department Employees is hereby amended as reflected on the attached amended Adoption Agreement, which shall be substituted for the Adoption Agreement approved and adopted on January 8, 2007. 2. The City Manager or any other appropriate officer or officers of the City of Wheat Ridge be and they hereby are authorized to do all other acts and things necessary and proper to effectuate the terms and intent of this Resolution. No further actions are hereby consented to or taken. 1 DONE AND RESOLVED at a meeting of the City Council of the City of Wheat Ridge, Colorado on the 24th day of Sent ember, 2007. ATTEST: JJ1 D::r M~ Jet ngtrllio, Mayor Michael Snow, City Clerk 2 ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT (as amended on September 24, 2007) PLAN NUMBER 10- 002 The Employer hereby establishes a Money Purchase Plan and Trust to be known as The Citv of Wheat Ridae Monev Purchase Pension Plan for Desianated Police Deoartment Emolovees (the "Plan") in the form of the ICMA RC Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. -.2L Yes No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: The City of Wheat Ridae Monev Purchase Pension Plan for Desianated Police Deoartment Emolovees I. Employer: The Citv of Wheat Ridae II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: Januarv 1. 1997 III. Plan Year will mean: (x) The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(g) of the Plan.) ( ) The twelve (12) consecutive month period commencing on and each anniversary thereof. IV. Normal Retirement Age shall be age ~ (not to exceed age 65). V. ELIGIBILITY REQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees All Full-Time Employees Salaried Employees Non-union Employees Management Employees Public Safety Employees General Employees x Other (specify below) Anv oerson who is a full-time oaid sworn oolice officer emoloved bv the oolice deoartment of the Emolover. as determined bv the Emolover under the Emolover's standard oersonnel oolicies and oractices as mav from time to time be in effect. Notwithstandino the foreooina. exceot for oersons emoloved as oolice chief on and after Seotember 24. 2007. anv oerson who is emoloved as ooHce chief of the ooHce deoartment of the Emolover shall have the ootion of waivino or otherwise ootino out of oarticioation in the Plan in lieu of oarticioation in the seoarate alan maintained bv the Emolover for its deoartment heads. The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be N/A (write N/A if an Employee is eligible to participate upon employment). If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is N/A (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): (x) Fixed Employer Contributions With Or Without Mandatory Participant Contributions. The Employer shall contribute on behalf of each Participant 10 % of Earnings or $-=- for the Plan Year (subject to the limitations of Article V of the Plan). A Participant is required 2 to contribute (subject to the limitations of Article V of the Plan) (i) 10 % of Earnings, (ii) $ , or (Hi) a whole percentage of Earnings, as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. (Write "0" if no contribution is required.) If Participant Contributions are required under this option, a Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Effective for Plan Years beginning on or after January 1, 2006, the Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution. ---L Yes No [Note to Employer: Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax purposes. The Employer may seek such a ruling. Picked up contributions are excludable from the Participant's gross income under section 414(h)(2) of the Internal Revenue Code of 1986 only if they meet the requirements of Rev. Ruls. 81-35 and 81-36,1981-1 C.B. 255, and 87-10, 1987-1 C.B. 136. Those requirements are (1) that the Employer must specify that the contributions, although designated as employee contributions, are being paid by the Employer in lieu of contributions by the employee; (2) the employee must not have the option of receiving the contributed amounts directly instead of having them paid by the Employer to the plan; and (3) the required specification of designated employee contributions must be completed before the period to which such contributions relate.] ( ) Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant _% of Earnings for the Plan Year (subject to the limitations 3 of Article V of the Plan) for each Plan Year that such Participant has contributed _% of Earnings or $_. Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. ( ) Variable Employer Match Of Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): % of the contributions made by the Participant for the Plan Year (not including Participant contributions exceeding _0/0 of Earnings or $ ); PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Participant contributions exceeding in the aggregate _% of Earnings or $ ). Employer Contributions on behalf of a Participant for a Plan Year shall not exceed $ or _% of Earnings, whichever is more or less. 2. Effective for Plan Years prior to January 1, 2006, each Participant may make a voluntary (unmatched), after-tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. ---L Yes No Effective for Plan Years beginning January 1, 2006, voluntary (unmatched), after-tax contributions are not permitted. 3. Employer contributions and Participant contributions shall be contributed to the Trust in accordance with the following payment schedule: On a oavroll bv oavroll basis. VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime Yes ---L No 4 (b) Bonuses Yes ---L No VIII. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated below. ( ) Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12-consecutive month period: the twelve (12) consecutive month oeriod endinG everv December 1. IX. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements as noted and (2) the concurrence of the Plan Administrator. Years of Service Percent Comoleted Vestino Zero 0 % One 0 % Two 0 % Three 20 % Four 40 % Five 60 % Six 80 % 5 Seven Eight Nine Ten 100 % % % % Notwithstanding the foregoing, vesting for Participants who are employed as police chiefs on SEilptember 24, 2007 shall be 100% regardless of years of service completed, and vesting for Participants who are employed as police chiefs after September 24, 2007 shall be as follows: years of service comoleted percent vestino Zero One Two o % 50 % 100 % X. Loans are permitted under the Plan, as provided in Article XIII: Yes ---L No XI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIII. The Employer hereby appoints the ICMA RC as the Plan Administrator pursuant to the terms and conditions of the ICMA RC GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XV. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code. 6 In Witness Whereof, the Employer hereby causes this Agreement to be executed on this 24th day of September, 2007. EMPLOYER ~ ~ By: Afill} JJl/vW Title: J J 1Yi~V)1J '(L v . ICMA RC By: Title: Attest: Attest: 3627725_2.DOC 7 \\GLGPRlM\CLlENTS\IIG70\OI\J..1PPAA4.DOC