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RES-9048 Amending the Part Time Employee 457 Deferred Compensation PlanRESOLUTION NO. 9048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING THE PART TIME EMPLOYEE ~457 DEFERRED COMPENSATION PLAN. WHEREAS, the City of Orange has part time employees currently participating in a 9457 deferred compensation retirement savings plan with record keeping and investment options offered by Great West Life & Annuity Insurance Company; and WHEREAS, the City of Orange wishes to amend and restate the plan by adopting the model 9457 plan provided by Great West Life & Annuity Insurance Company which includes those statutory revisions made to Internal Revenue Code Section 457 by the Small Business Job Protection Act of 1996; and WHEREAS, Great West Life & Annuity Insurance Company is able to perform the record keeping services for, and provide investment options to, the deferred compensation plan for the City of Orange in accordance with the terms of their respective agreements. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Orange as follows: I. The City of Orange hereby establishes the deferred compensation plan and adopts the 9457 model plan drafted by Great West Life & Annuity Insurance Company, hereafter referred to as the "Plan". 2. The assets of the Plan shall be held in an annuity contract, with the City of Orange or its designated officer appointed as and serving as trustee, 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 the annuity contract issued by Great West Life & Annuity Insurance Company shall be held for the 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 Great West Life & Annuity Insurance Company incidental to the administration of the Plan, and shall do all things necessary and property to implement this Resolution. This Amended and Restated Plan adopted by the City of Orange hereby supersedes and replaces any prior plan. ADOPTED this 8th day of December, 1998. fOrange ATTEST: CUa4A-LJ--V& Cddt/Ad Cassandra J. Cathc , 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 8th day of December, 1998, by the following vote:AYES:COUNCILMEMBERS: MURPHY, SLATER, COONTZ, SPURGEON,ALVAREZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i4~~~Cassandra J. Ca , City Clerk of the City of Orange Reso No. 9048 2-DAD: