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RES-8873 Amending Deferred Compensation Plan with ICMA Retirement CorporationRESOLUTION NO. 8873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING A DEFERRED COMPENSATION PLAN AND TRUST WITH ICMA RETIREMENT CORPORATION. WHEREAS, the City of Orange has employees rendering valuable services; and WHEREAS, the City of Orange has established a deferred compensation plan for such employees that serves the interest of the City 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 Orange has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of the deferred compensation plan. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orange as follows: 1. That the City of Orange hereby amends and restates the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. 2. That the assets of the Plan shall be held in trust, with the Employer 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. 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; 3. That the Plan will not permit loans. 4. That the Employer hereby agrees to serve as trustee under the Plan. ADOPTED this 27th day ofJanuary, 1998. nne Coontz ATTEST: c/) Cassandra J. Cath I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 27th day of January, 1998, by the following vote: AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE dit~fOrange Reso No. 8873 SSH:dg 2