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Resolution 4369 - ICMA-Retirement Corporation Trust117U6 RESOLUTION NO. 4369 A RESOLUTION AMENDING THE ICKA RETIRBM M CORPORATION DEFERRED COMPENSATION PLAN. WHEREAS, The City of Kalispell has employees rendering valuable services; and WHEREAS, The City of Kalispell has established a deferred compensation plan for such employees that serves the interest of the City of Kalispell by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, The City of Kalispell has determined that the continuance of the deferred compensation plan will service these objectives; and WHEREAS, Amendments to the Internal Revenue code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City of Kalispell hereby amends and restates the deferred compensation plan in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. SECTION II. That the assets of the Plan shall be held in trust, with the City of Kalispell serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. SECTION IiI. That the Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. SECTION ly. That the Plan will not permit loans. jlwp\ms\1CMA -1- a:. t 17. f, R, 1 Ii I -I I I 1-1 .S.ECTION V. This Resolution shall become effective immediately following its passage by the City Council and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, THIS 6-h DAY OF OCTOBER, 1997. ATTEST: Cc- Debbie Gif r C Clerk of Coun 1 j\wplres\1CMA -2- So "fivir M-�lag D. Rauthe, Mayor