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RES-10240 Amending Retirement Health Savings Plan for Top Management EmployeesRESOLUTION NO. 10240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING RESOLUTION NO. 9660 RELATING TO A RETIREMENT HEALTH SAVINGS PLAN (RHS) FOR TOP MANAGEMENT EMPLOYEES. WHEREAS, the City of Orange has employees rendering valuable services; and WHEREAS, the amendment of its existing retiree health savings plan far such employees serves the interests of the City of Orange and its Top Management employees; NOW THEREFORE BE IT RESOLVED, that the City of Orange hereby amends the RHS Plan in the form of the ICMA Retirement Corporation's Vantage Care Retirement Health Savings program attached as Exhibit A. ADOPTED this 27t" day of November, 2007. i i aro n . avec e, Mayor, City f ange ATTE'i': Mary E. City Cler ' o Orange I, MARY E. MURPHY, City k of the City of Orange, California, do 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 November, 2007, by the following vote: AYES: COUNCILMEMBERS: Smith, Cavecche, Dumitru, Bilodeau NOES: COLJNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Murphy ABSTAIN: COLTNCILMEMBERS: None Mary .hy, City Clerk ' of Orange icM-RC a iGiihd RehK„mr smr,;ey EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS ( RHS PLAN ADOPTION AGREEMENT EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN ADOPTION AGREEMENT Amendment to Existing Plan Number: 8 O 1 j Employer Recirement Health Savings Plan Name: I. Employcr Name: CJ1' ?Cll.tC. Stace: _P„ II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. Effective Date of the Amendment: 1 1 r IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare benefit plan(s) established by the Employer: V. Eligible Groups,Participation and Pacticipant Eligibility Requirements A. Eligible Groups The following group or groups of Employees are eligible co parcicipace in che VantageCare Retiremenc Hea(th Savings Plan (check all applicable boxes): All Employees All Full-Time Employees Non-Union Employees Public Safery Employees—Police Public Safery Employees—Firefighters General Employees Collectively-Bargained Employees(Specify unit(s)) Other(specifygroup(s)) 1c 0 The Employee group(s)specified musc correspond o a group(s)of the same designation chat is defined in he statuces, ordinances,rules, regula[ions,personnel manuals or other documents or provisions in effect in che state or locality of the Employer. B. Participation Mantlatory Participation:All Employees in[he coveced group(s) are required to participate in che Plan and shall receive contributions pursuant[o Section VI. C. Participant Eligibility Requirements 1. Minimum service: The minimum period of service required for par icipation is I 1 r (wri e N/A if an Employee is eligible to participate or to elect to parcicipate immediately upon employment). 2. Minimum age:The minimum age required for eligibility to parcicipate is_(write N/A if no minimum age is required). 1 VI.Contribution Sources and Amounts A. Definition of Earnings The definicion of Earnings will apply co all RHS Contribution Fea ures that reference"Earnings',including Direct Employer Con ributions(Sec ion VI.B.1.)and Manda ory Employee Compensation Contributions(Section VI.B.2.) Definition oEearnings:IW / B. Direct Employer Contributions and Mandatory Contributions 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant of Earnings each Plan Year A discretionary amount to be determined each Plan Year Other(describe): 2. Mandatory Employee Compensation Contribucions The Employer will make manda ory contributions of Employee compensation as follows: Reduction in Salary- of Earnings or$ will be contributed for the Plan Year. Decreased Merit or Pay Plan Adjustment-All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of Mandatory Contributions of Employee Compensation. 3. Mandacory Employee Leave Con ributions The Employer will make mandatory contributions of accrued leave as follows (provide formula for determining Mandatory Employee Leave contributions): Accrued Sick Leave Accrued Vacation Leave Other (specify rype of leave)Accrued Leave rs i ll^j-i 1 V l",5 t."'' l:li.ri Yl fel ifil CJ1 C-, E:_.( F i 1` t5 1 .N`( An Employee shall not have the right o discontinue or vary the rate of mandatory leave conCributions. 2 C. Limits on Tota(Contributions(check one box) The total contribution by the Employer on behalf of each Participant(including Direct Employer and Mandatory Employee Contributions) for each Plan Year shall not exceed the following limit(s) below. There is no Plan-defined limit on the percentage or dollar amount of earnings that may be contributed. of earnings* Definition of earnings: Same as Section VI.A.. Other for the Plan year. See Section V.B.for a discussion of nondiscrimina ion rules that may apply to non-collectively bargained self-insured Plans. VII.Vesting for Direct Employer Contributions A. Vesting Schedule(check one box) The account is 100%vested at all times. The following vesting schedule shall apply to Direct Employer Contributions as outlined in Section VI.A.1.: Years of Service Vesting Completed Percentage B. The account will become 100%vested upon the death,disability,retitement*,or attainment of benefit eligibility(as outlined in Section IX) by a Participant. Definition of retiremenc(check one box): Recirement as defined in the primary retirement plan of the Employer Separation from service Other C. My period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule out(ined in A above. VIII.Forfeiture Provisions Upon separation from che service of che Employer prior to attainment of benefit eligibility(as outlined in Section IX),or upon reversion to the Trust of a Parcicipan's accounc assets remaining upon he participanc's death (as oudined in Section XI),a Participant's non-vested Eunds shall(check one box): Remain in the Trust to be reallocated among all remaining Employees participacing in the Plan as Direct Employer Contributions foc the next and succeeding contribution cycle(s). dRemain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. 0 Remain in the Trus[to be reallocated among all Plan Participants based upon Participant account balances. Revert to the Employer. IX.Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligib(e to receive benefits: At retirement only(also complete Section B.) Defini ion of retiremenc: Same as Section VII.B. Other At se aration from service with the following restrictions o restrictions Other At age only At retirement and age also complete section B) Definition of retirement: Same as Section VII.B. Other At retiremenc or age Definicion of retiremenr. Same as Section VII.B. Ocher Other,specified as follows (also complete Section B if applicable): B. Termination prior to general benefit eligibility: In the case where the general benefit eligibility as outlined in Section IX.A includes a retirement component,a Participant who separates from the service of the Employer prior to retirement will be eligible to receive benefits: Immediately upon separation from service. At age C. A Participant that becomes totally and permanently disabled as defined by the Social Security Administra ion as de6ned by the Employer's primary recirement plan other will become immediately eligible to receive medical benefi payments from his/her VantageCare Recirement Health Savings Plan account. D. Upon the death of the Participan,benefits shall become payable as outlined in Section XI. X. Permissible Medical Benefit Payments Benefits eligible for reimbursement consist of: dAll Medical Expenses eligible under IRC Section 213*other han direct long-term care expenses,and including non- prescription medicacions allowed under IRS guidance. The Eollowing Medical Expenses(selecc only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan): Medical Insurance Premiums Medical Out-of-Pockec Expenses* Medicare Part B Insurance Premiums Medicare Part D Insurance Premiums Medicare Supplemental Insurance Premiums Prescription Drug Insurance Premiums COBRA Insurance Premiums Dental Insurance Premiums Dental Out-of-Pocket Expenses* Vision Insurance Premiums Vision Out-of-Pocke Expenses* Qualified Long-Term Care Insurance Premiums Non-Prescription medications allowed under IRS guidance` Other qualifying medical expenses (describe)* See Section V.A.for a discussion of nondiscrimination rules which may apply to non-collectivcly bargained,ulf-insured Plans. XI. Benefits After the Death of the Participant In the event of a Participant's death, the following shall apply: A. Surviving Spouse and/or Surviving Dependents The surviving spouse and/or surviving eligible dependents(as defined in Section XII.F.)of the deceased Participant are immediately eligible to maintain the account and utilize it co fund eligible medical benefits specified in Section X above. Upon noti6cation of a Parcicipant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund* (or anocher fund selected by the Employer). The accounc balance may be realloca ed by the surviving spouse or dependents. Pltatc read tbe current Yantagrpoint Mutual Funds prorprctur carefu!!y prior to investing.An invatment in thil fund is neither intu ed nor guaranteed and there can be no atturance that the Fund wil!be able to maintain a rtablt net arret valut of$1.00 per fhare. Yantagepoint Mutual Fundf a e diJtributed by tCMA-RC Srrvice.r,LLC, a who![y-owned broker-dealer affiliate of ICMA Retirement Corporation.Member NASD/ SIPC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse,the accoun balance may concinue to be u ilized co pay benefics of eligible dependents. Upon the death of all eligible dependents,che account will revert to he Plan to be applied as specified in Sec ion VIII. B. No Surviving Spouse or Surviving Dependents If there are no living spouse or dependents at the time of death of the Parcicipanc, the account will revert to che Plan to be applied as specified in Section VIII. XIII.The Plan will operate according to the following provisions: A. Employer Responsibilities 1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. The Employer will submit all VantageCare Retirement Health Savings Plan Participant staCus updates or personal information updates via electronic submission. This includes buc is not limiced to terminacion notification and benefi eligibility notification. 5 B. Participant account administration and asset-based Fees will be paid chrough the redemption of Participant account shares, unless agreed upon otherwise in he Administrative Services Agreement. C. Assignment of benefits is not permitted.Benefita will be paid only to the Participant, his/her Survivora,the Employer or an insurance provider(as allowed by the claims administratqr). Payments,to an third-party payce(e.g.,medical service provider)are not permitted with the exception of reimbursement to the Employer or insurance provider(as allowed by che claims administrator). D. An eligible dependont is che Parcicipanis lawEul spouse and any ocher individual who is a person described in IRC Seccion 152(a),as clarified by In ernal Revenue Service Notice 2004-79. E. The Employer will be responsible for withholding,reporting and remitting any applicable taxes for payments which are deemed to be discriminatory under IRC Section 105(h),as outlined in the VancageCare Retirement Health Savings Plan Employer Manual. XN Employer Acknowledgements A. The Employer hereby acknowledges it understands tha failure to properly fill out this Employer VantageCare Reciremenc Health Savings Plan Adoption Agreement may result in che loss of tax exempcion of he Trust and/or loss of tax-deferred stacus for Employer concribu ions. B. Check this box if you are including supporCing documents that include plan provisions. Date• itle ar 1 avecche M Attest:_ Date: Ticle: Mar E. M h Cit Clerk Accepced:VANTAGEPOINT TRANSFER AGENTS,LLC Corporace Secretary 6 City of Orange Top Management Employees Retirement Health Savings (RHS) Plan ELECTION RESULTS November 9, 2007 Total Ballots Cast - 61 1 - Do you agree that the City should amend its RHS Plan for Top Management which would require everyone to participate in the Plan? YES - 59 NO - 2 2 - Upon retirement, would you like to have a percentage of your Sick Leave payout directed to the RHS Program? YES - 57 NO - 4 If YES, 20% - 2 50% - 13 100% - 42 internal Revenue Service Department of the Tr asury Washington, DC 20224 Index Number: 115 . 02-00 Contact Person: D Telephone Number. In fleference to: CC:DOM:FI&P:2 PLR-116685-99 Date: December 28, 1999 City Trust State Dear This is in response ko a letter dated October 12, 1999, and prior correspondence, req esting a private letter ruling that Trust is an integral part ef City. FACTS City is a political Subdivision of S.ate . City currently maintains one or more post-retirement welfare benefit plans collectively, the "Plan" } that provide its eligible employees Participants" } and thei beneficiaries i "Beneficiaries" ) wit? life, sickness, medical, disability, severance and other similar benefits through insuranc ar.d self-funded .reimptirsement plan.s . City intends to esta}lish Trust to hold assets and income of the Plan for the exclusiv+ benefit of Participants and their Beneficiaries. T'1SC ' S ]2CZaration defineS "Bene•`iciaries" c =Tciude G Participant ' s spouse, any ch ld of the Participanc or :e pa'_'tiClpant S SD JliSe W.r:C ],'S 3 mir±or or a S UGlE.'IIt Wlthin •.`_'?e meaning of sect on '_51 ic) `4) of 'the Ineernal Rever.;e Ccce, nr_v ether minor ch ic residir_g with the Participant, Gr.c any Gt_'lE'i' individual who is a persor described in section 1 2 +ai oT tne Code. Death benefits may :be Drovided to any Bene•`iciar, designated by a Partic pant under the terms of a cleath ner.ef'_ F,`Y CJT 3iA O an 1'_?L'I'aP.C CQP_t=aCC. FO'_"?T:'__^.0 L"d Cr '_"n C i ^- _ -- ^- PLR-116685-99 2 may provide benefits by ca h payment, and may reimburse a Participant, City, or Trus' s Administrator for insurance premiums or other payments. expended for permissible benefits under the Plan. Under Trust ' s Declara ion, City will be the Administrator of Trust . City may appoint o e or more investment managers to manage and control all or art of the assets of Trust . Under Trust 's Declaration, the Tx-ustee will hold assets only as titleholder. Persons havi g custody or possession of assets may include City, the Administ ator of Trust, the investment manager, and their agents and subag nts, but not the Trustee . The Trustee will have no discretion or! authority with regard to the investments of Trust and w ll act solely as a directed Trustee with respect to the assets to which it holds title. The Trustee will not be responsible or liable f or any loss or expense that may arise pr result from complying with any direction from the City, the Administrator, the investment manager, or such agents to; take title to any ass.ets, or from the Trustee' s refusal or failu e to comply with any direction to hold title, unless it involves r results from the Trustee' s negligence or intentional misconduct. The Trustee may refuse to comply with any direction f it deems such direction illegal . City indemnifies and olds the Trustee harmless from any actions, claims, demands, iabilities, losses, damages or reasonable expenses of any, kir_d in connection wi h or arising out of (i) any action taken or' omitted in good faith in accordance with its directions, (ii) ny disbursements made in accordance with directions, or (iii) ny action taken by or omitted by the Trustee with respect to an' investment managed by an investment manager in accordance with any direction of the investment manager oz any inaction regarding any investment in the abse ce of directions from the inuestment manager. City, however, has ao responsibility to the Trustee under the indemnification if the Trustee fails negligently, intentionally, or reckless to perform its duties . City will contribute o Trust such amounts as specified in the Plan or by resolution. ` No other person or persons will be permitted to make any can.tributions . The Plan must rovice' a fcrnula for de`zrminir.g the VG af a Part.ciDant ' s accrued va ation leave, sicic leave, or both, in excess of a threshold numb r ot hours of such leave . City :ay contribute amounts so dete mined to Trust . The Plan wi= cor a?_^. a forfeiture provision that will prevent Participancs ar_d the r Beneficiaries from receivi*g cash in lieu cf a contributicr_ to Trust in their behalf. Co tributions, invesLment income, rea?ize and unrealized ca ns ar.d losses, ar_d forfe_t r s :_-'_ deposiLed 1F1tO 3P_ aCCOL'P_t }.^. T?'.1St l:l tine .c^l Ci t.''.E a'_"=_C=^c': PLR-116685-99 3 for the exclusive benefit of the Participant and his or her Beneficiaries . A Participant may direct the investment of amounts in her or his accbunt among investments selected by City. No amount in any account will be subject to transfer, assignment, or alienation, whether vo untary or involuntary, in favor of any creditor, transferee, or ssignee of City, the Trustee, Participant or Beneficiar. City or the Administ ator, investment manager, or other agent designated by City will receive contributions and will hold, invest, and adminis er contributions without distinction between principal and inc me. The Trustee will not be responsible for the calcu ation or collection of contributions, but will hold title to pr perty received as directed by City or its designee . The Truste will not be required to keep accounts of the investments, recei ts, disbursements, and other transaction of Trust exce t as necessary to per=orm its title- holding function. City o its designee will maintain ail books and records . City reserves the ri ht to alter, amend, or terminate Trust at any time for any reaso without the consent of any person. No amendment affecting the T ustee is effective without the Trustee' s consent, and no `termination can result in any part of Trust 's assets being used 'for or diverted to purposes other than the exclusive benefit of articipants and Beneficiaries . If City adopts ot'r.er 'olar.s roviding Zife, sic:ness, accident, medical, disabi?;ity, severance, or other benefits ar_d designates Trust as part ctf such plan, City or its agent wi11 hold contributions to such plan in Trust . The contributions may be commingled for investment purposes, but the books and record of Trust must show the po tion of Trust allocable to each plan. Upon the satistactior, of all liabilities under the P 37: .o provide benefits, any amounts remaining in any account must be returned to City. LAW & ANALYSIS Income of an integral par of a state or politica'_ subdivision oi a state is not taxable absent s ecific s atutc•i authorizatior_. See Rev. R"ul. 8?-2, 1987-1 C.B 18; se ti'en 511 (a) (2) (B) of the Code, CM 1a407, C.B. XIV-3 , 103 (1935? , superseded by Rev. RuI. 7`-?31, 1971-1 C.B. 28 . Whether an enterprise is an integral part depends on facts and circumsta ce such as tne state ' s degree! of control over the enterprise ana its financial commitment to t enterprise. Yf an enterprisG is an integral part oT a stace o political subd.vision of a state, it will not be treated as a separate entity for federal tax pu-pcses, thcug it may ^ave be n forme as a separat r.;_,- PLR-116685-99 4 under state law. Secti n 301 . 7701-T (a) t3) of the Procedural and Administrative Regulatiqns. City has made a su stantial financial commitment to Trust by providing all of its fu ding. City retains complete control over Trust because it may am nd or terminate Trust at any time . City retains control over th daily operation of Trust by its power to appoint or remove agent who manage daily operation. The Trustee is merely a title holder with no power to manage Trust . CONCLUSION Provided that Cityjis the only person that makes contributions to Trust, and Trust accepts or holds only amounts of money contributed by City, Trust will be an integral part of City, and any income ear ed on amounts in Trust will not be subject to federal incom tax. This ruling is direrted only to the, taxpayer that requeste3 it . Section 6110 (k) (3) bf the Code provides that it may not be used or cited as precede t. Except as specifica ly provided otherwise, no opinion is expressed on the federal` income tax consequences of the transactior. described ab ve . In accordance with he terms of a power of attorney on file in this office, a ccpy o tr ' letter is being sent to your authorized representativ. Sincerely, Assistant Chief Counsel Financial Instztutions & Products) By: William Coppersmith William E. Coppersmith Chief, Branch 2