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RES-8874 Amending Deferred Compensation Plan with Great Western BankRESOLUTION NO. 8874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING A DEFERRED COMPENSATION PLAN AND TRUST WITH GREAT WESTERN BANK. WHEREAS, the City of Orange has employees currently participating in a 457 deferred compensation retirement savings plan administered by Great Western Bank; and WHEREAS, the City of Orange wishes to adopt the FundSelect Specimen Plan and Trust/Custodial Document which includes those statutory revisions made to Internal Revenue Code Section 457 by the Small Business Job Protection Act of 1996; and WHEREAS, Great Western Bank FundSelect Advisers are able to administer the deferred compensation plan for the City of Orange in accordance with the terms of their respective agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The City of Orange hereby establishes the deferred compensation plan and adopts the 457 Plan and Trust/Custodial Document. 2. The assets of the Plan shall be held in a Trust/Custodial Fund, with the City of Orange or its designated officer appointed as and serving as trust/custodian, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted for any other purpose. The Employer's beneficial ownership of the Plan assets held in Great Western Bank shall be held for the further exclusive benefit of the Plan participants and the beneficiaries. 3. The City of Orange or its designated officer is hereby authorized to execute all necessary agreements with FundSelect Adviser, Inc. and Great Western Bank incidental to the administration of the Plan, and shall do all things necessary and property to implement this Resolution. This Amended and Restated Plan and Trust/Custodial Document adopted by the City of Orange hereby supersedes and replaces any prior plan. ADOPTED this 27th day of January, 1998. 2; r of the City of Orange, Joan ATTEST: tf7u- A/~Cassandra J. Cathdalt, City Clerk of the City of Orange 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 Cassandra J. Cathcart, . y Clerk of the City of Orange Reso No. 8874 dg