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Resolution 4995 - Deferred Compensation Plan AmendmentRESOLUTION NO. 4995 A RESOLUTION BY THE CITY OF KALISPELL APPROVING AN AMENDMENT TO THE CITY'S DEFERRED COMPENSATION PLAN. WHEREAS, the City of Kalispell previously adopted a deferred compensation plan within the context of Section 457(b) of the Internal Revenue Code for the benefit of the employer's eligible employees; and WHEREAS, the IRS recently clarified previous legislation enacted by the Economic Growth and Tax Relief Reconciliation Act of 2001 regarding mandatory distributions under the plan; and WHEREAS, the Amendment to the Deferred Compensation Plan attached hereto complies with the new automatic rollover rules issued by the IRS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: That the Amendment to the Deferred Compensation Plan (the "Plan"), attached hereto and hereby incorporated fully herein, which addresses the Plan's compliance with the "automatic rollover'' requirements of Internal Revenue Code Section 401(a)(31)(B), is hereby approved and adopted, and the City Manager is hereby authorized and directed to execute and deliver to the Administrator of the Plan, one or more counterparts of the amendment, the same to be effective March 28, 2005. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21 ST DAY OF MARCH, 2005. E t. ..$...... ........... ... ... ........... .. ..wit. � .... .-� � Pamela B. Kennedy Mayor ATTEST: T eresa White City Clerk MANDATORY DISTRIBUTION AMENDMENT (Cade Section 401(a)(31)(B)) ARTICLE I APPLICATION OF AMENDMENT 1.1 Effective Date. Unless a later effective date is specified in Article III of this Amendment, the provisions of this Amendment will apply with respect to distributions made on or after March 28, 2005. 1.2 Precedence. This Amendment supersedes any inconsistent provision of the Plan. ARTICLE II DEFAULT PROVISION: AUTOMATIC ROLLOVER OF AMOUNTS OVER $1,000 Unless the Employer otherwise elects in Article III of this Amendment, the provisions of the Plan concerning mandatory distributions of amounts not exceeding $5,000 are amended as follows: In the event of a mandatory distribution greater than $1,000 that is made in accordance with the provisions of the Plan providing for an automatic distribution to a Participant without the Participant's consent, if the Participant does not elect to have such distribution paid directly to an "eligible retirement plan" specified by the Participant in a direct rollover (in accordance with the direct rollover provisions of the Plan) or to receive the distribution directly, then the Administrator shall pay the distribution in a direct rollover to an individual retirement plan designated by the Administrator. ARTICLE III EMPLOYER'S ALTERNATIVE ELECTIONS 3.1 Effective Date of Plan Amendment This Amendment applies with respect to distributions made on or after March 28, 2005 (may be a date later than March 28, 2005, only if the terms of the Plan already comply with Code Section 401(a)(31)(B))• 3.2 Election to Reduce or Eliminate Mandator Distribution Provisions of Plan In lieu of the default provision in Article II of this Amendment, the provisions of the Plan that provide for the involuntary distribution of vested accrued benefits of $5,000 or less, are modified as follows: Reduction of $5,000 threshold to $1,000. The $5,000 threshold in such provisions is reduced to $1,000 and the value of the Participant's interest in the Plan for such purpose shall include any rollover contributions (and earnings thereon) within the meaning of Code Sections 402(c), 403(a)(4), 403(b)(8). 408(d)(3)(A)00. and 457(e)(16)_ This amendment is executed as follows: Name of Plan: Deferred Compensation Plan Name of Employer: d4% 7- Date; G �:r Employer ��