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RES-9870 Amending Part Time Employee Deferred Compensation PlanRESOLUTION NO. 9870 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 S457 deferred compensation retirement savings plan (hereafter, the Plan) with record keeping and investment options offered by Great West Life & Annuity Insurance Company; and WHEREAS, by Resolution 9048, adopted in 1998, the City of Orange adopted the Plan and now desires to amend the Plan to enhance employee options within the Plan; 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 employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1, The City of Orange hereby adopts the Amendment to Section 457 Plans attached hereto as Exhibit A, 2. Except as specifically amended in the attached Exhibit A, the Plan shall remain in full force and effect. ADOPTED this 25th day of May, 2004. r, City of Orange ATTEST: 11 MaryE.fOrange I, MARY E. MURPHY, City Clerk 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 25th day of May, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 3 MaryE. 2- AMENDMENT TO SECTION 457 PLANS ATTACHED TO AND FORMING PART OF THE GROUP ANNUITY CONTRACT WHEREAS, the Group Contractholder/Group Policyholder has entered into a Group Annuity Contract (the "Contract") with Great-West Life & Annuity Insurance Company ( the Company"),WHEREAS, the Contract and related riders, endorsements, amendments, and other related forms,if any, issued under the Contract require this Amendment pursuant to the Economic Growth and Tax Relief Reconciliation Act of2001 (" EGTRRA"),WHEREAS, the Contract and related riders, endorsements,amendments, and other related forms,if any, issued under the Contract require this Amendment pursuant to required minimum distribution regulations issued by the Federal Department of Treasury,AND WHEREAS, the provisions of this amendment shall be effective January I, 2002, unless otherwise indicated below, and shall supercede the provisions of the Contract and related riders,endorsements or amendments, if any to the extent those provisions are inconsistent with the provisions of this amendment.NOW THEREFORE, the following Amendment is hereby made to the Contract and related riders, endorsements, amendments, or any related forms, if any, issued under the Contract.I, EGTRRA a. Distributions Notwithstanding any distribution provision to the contrary, distributions made under the Contract shall be made at the time and in the amount and manner allowed under the terms of the Plan and applicable Internal Revenue Code rules and regulations promulgated thereunder, as amended from time to time, and will be tax reported under the applicable rules in effect on the date of distribution.b. Rollovers In the event that a Plan has been amended to accept rollovers from other eligible retirement plans, such rollovers shall be treated as Deposits under the terms of the Contract. Amounts distributed may be rolled over to an IRA or any other eligible retirement plan that accepts such rollovers. Amounts directly rolled over will not be tax reported until distributed.01 A457 EXHIBIT A c. Qualified Domestic Relations Orders (QDROs) In the event that a Sect~on 457 Deferred Compensation Plan accepts QDROs. the Company shall process approved Requests to establish a separate account administered on behalf of the Alternate P,ayee named in such QDRO or make payment to the Alternate Payee in accordance with the provisions of the Plan. Distributions to an Alternate Payeeshallbetaxreportedundertherulesine/Tect on the date of the distribution. This provision shall replace any and all provisions related to Conforming EquitableDistributionOrders (CEDOs). d. Deemed IRAs In the event that a Plan has been amended to establish Deemed lRA(s), includingtraditional, Roth or both, as part of the Plan effective on or after January I, 2003, all contributions and rollovers to the Deemed IRA(s) shall be treated as a Deposit under the terms of the Contract and will be administered pursuant to Internal Revenue Code Section 408(q), as amended from time to time, and any applicable rulings and regulationspromulgatedthereunder. e. Unforeseeable Emergency Distributions The terms and provisions of the Plan and the applicable provisions of the Internal Revenue Code and Treasury regulations promulgated thereunder, as amended from time to time shall govern all aspects of Unforeseeable Emergency Distributions. 2, Minimum Distribution Requirement Regulations Required minimum distributions under the Contract shall only be made in a manner consistent with Internal Revenue Code Section 40 I (a)(9), as amended from time to lime, and applicable Federal Treasury regulalions promulgated thereunder in effect at the time of the distribution, Signed for Great- West Life & Annuity Insurance Company on the Issue Date. c:? /1'1& C~~_ I~:~ Name:Mark A. Murphy . W.T McCallum, Presidenland Chief Executive Officer AppCv:'r:?;:D., 0 : BY:~O Ti tie: C'rl-y ~ If". JofJ' 7 1- 01' A457 f. c::. >+ BenefitsCorp TI"'[~""''-..fr'".I''''J.;''9'''Great- West/BenefitsCorp EGTRRA Implementation Package Issue #1:Elective Deferral and Catch-up Limits; Repeal of Coordination Name of Plan Sponsor:CITY OF ORANGE Name of Plan;PART-TIME EMPLOYEE DEFERRED COMPENSATION PLAN Issue EGTRRA pennits the maximum regular deferral limit to be the lesser of 100% of includible compensation or $11,000 in 2002, plus $1,000 per year up to $ 15,000 in 2006, then indexed in $500 increments. Catch-up contributions during the three years prior to normal retirement age may be increased from $ 15,000 to twice the regular elective deferral limit. Deferrals to other types of elective deferral plans, such as 401(k) and 403(b), are no longer required to reduce the amount that can be contributed to the 457plan.II. Discussion Adopting these provisions requires the plan to detete "$7,500" each place it appears and insert "the applicable dollar amount" in section 457(e)(15),Likewise, the catch-up limit would be amended by deleting the $ 15,000 cap and inserting "twice the applicable limit set forth in section 457( e)(15)." Delete all references to the "33 1/3" of includible compensation limit and insert "100%."Delete all language reducing deferrals to the 457 plan by amounts contributed to other elective deferral plans,III. Great-WesUBenefitsCorp Comments These are favorable changes for participants, and allow for greater account growth,IV. Staff Recommendation Staff recommends these changes.V, Board/Committee Decision D Adopt these provisions effective January 1, 2002 D Do not f~+ tt ~,~~~!}.,~~~?rp Great-West/BenefitsCorp EGTRRA Implementation Package Issue #2:Additional Contributions for Participants Age 50 and Over Name of Plan Sponsor:CITY OF ORANGE Name of Plan:PART-TIME EMPLOYEE DEFERRED COMPENSATION PLAN I. Issue EGTRRA permits employees who turn age 50 or over during the calendar year to contribute an additional amount into the plan for all plan years except during the three years prior to normal retirement age while they are utilizing the regular 457 catch-up provision. New Code section 414(v) sets out the additional amount applicable to 457 plans. The additional amount is $1,000 in 2002, increasing $1,000 each year up to $5,000 in 2006. This additional amount is then indexed in $500 increments based upon cost- of-living,II. Discussion Adopting this provIsion requires an amendment to the plan document allowing employees age 50 and over to contribute additional amounts as allowed under new Code section 414(v), subject to section 414(v)(6)(C)which states that the age 50 catch-up is not available during the three years the participant is utilizing regular 457 catch-up.III. Great-WestlBenefitsCorp Comments This is a favorable change for participants, and allows for greater account growth. IV. Staff Recommendation Staff recommends this change,V. Board/Committee Decision GJ This provision is adopted effective January 1, 2002.r- ] This provision rfX+ tt ~e~~~H~~S~rp Great-West/BenefitsCorp EGTRRA Implementation Package Issue #3:Flexible 457 Distributions; Required Minimum Distributions Name of Plan Sponsor: CITY OF ORANGE Name of Plan:PART-TIME EMPLOYEE DEFERRED COMPENSATION PLAN I. Issue EGTRRA permits 457 plan assets to remain tax deferred until actually distributed from the plan, Under amended section 457(a), Ihe participants' account balances are no longer taxable when "made available," The special distribution rules under 457(d) are repealed such that payments are no longer required to be paid in substantially non-increasing amounts paid at least annually, Non-spouse beneficiaries may now take distributions over tife expectancy, not just 15 years,II. Discussion Adopting these provisions requires deleting plan language taxing a participant's 457 account balance at separation from service prior to an amount being paid to the participant or other beneficiary, The provisions requiring an irrevocable election at separation from service and requiring annual payments in substantially non-increasing amounts paid at least annually must be deleted, All current irrevocable elections should be treated as null and void. Amend the plan to comply with the new minimum distribution regulations,III. Great-WestlBenefitsCorp Comments While making this change will provide participants with greater flexibility, it will involve additional work by the plan sponsor and Great-WestlBenefitsCorp when participants request changes to existing irrevocable election dates and/or payment amounts. Great-West will permit up to two changes in payout amounts per calendar year from each participant, free of charge, Subsequent changes in the same calendar year may involve an additional fee paid by the participant.IV. Staff Recommendation V. Board/Committee Decision GJ These provisions are adopted effective January 1, 2002,l~ t+ ~~~~J},,!~c~? rp Great-West/BenefitsCorp EGTRRA Implementation Package Issue #4:In-Service Transfers for Purchase of DB Plan Service Credits Name of Plan Sponsor:CITY OF ORANGE Name of Plan:PART-TIME EMPLOYEE DEFERRED COMPENSATION PLAN I. Issue EGTRRA permits the plan to allow 457 plan participants to request a trustee-to-trustee transfer of assets from their 457 account to a governmental defined benefit plan for the purchase of permissible service credit (as defined in section 415(n)(3)(A)) under such plan or a repayment to which section 415 does not apply by reason of subsection ( k)(3)thereof.II. Discussion Adopting this provIsion requires the plan to be amended to include a provision allowing trustee- to-trustee transfers pursuant to new Code section 457(e)(17.III. Great-WesUBenefitsCorp Comments This is a favorable change for participants, allowing them to transfer assets from their 457 plan account to purchase permissible service credit as allowed under new Code section 457( e)(17) with pre-tax dollars,IV. Staff Recommendation V. Board Decision Q Adopt this provision effective January 1, 2002. D fl!.?S?-rp Great-West/BenefitsCorp EGTRRA Implementation Package Issue #5:Rollovers From Employer-Sponsored Plans and IRAs Name of Plan Sponsor:CITY Of ORANGE Name of Plan:PART-TIME EMPLOYEE DEfERRED COMPENSATION PLAN I. Issue EGTRRA permits the plan to accept rollover contributions from other types of employer-sponsored plans, including 401(a), 401(k), and 403( b) plans, and IRAs pursuant to new Code section 457(e)(16) and revised section 402(c)(8)(B) defining eligible retirement plan.II. Discussion Adopting this provision requires the plan to be amended to separately account for the dollars rolled into the plan and to determine when participants will be allowed to take distributions from their rollover accounts, Rollovers into the 457 plan from a 401(a). 401(k), 403(b) or an IRA are subject to the 10% premature distribution penalty tax if distributed from the 457 plan prior to age 59 y,III. Great-WesUBenefitsCorp Comments This change allows participants to consolidate assets from plans of previous employers and personallRAs, and allows for greater account growth within the 457 plan. While this is generally regarded as a favorable provision, there may be additional fees for record keeping services to accommodate rollovers from multiple sources other than IRC Section 457 Plans.IV. Staff Recommendation V. BoardlCommittee Decision GJ Adopt this provision effective January 1, 2002 and allow participants to request distributions from their rollover account (1) ~ at any time, or (2)D Do not adopt