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HomeMy WebLinkAbout2014-04-08; City Council; Resolution 2014-060EXHIBIT 1 1 RESOLUTION NO. 2014-060 2 ^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 4 CAUFORNIA, ESTABUSHING A (DEFINED CONTRIBUTION) MONEY PURCHASE RETIREMENT PLAN FOR THE CITY MANAGER 5 " 6 7 8 9 26 27 28 WHEREAS, the City of Carlsbad (the "City") has a City Manager rendering valuable services; and WHEREAS, the establishment of a money purchase retirement plan benefits the City 1Q Manager by providing funds for retirement; and 11 WHEREAS, the City desires that its money purchase retirement plan be administered by ^2 ICMA-RC and that the funds held in such plan be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 13 14 15 16 1 y California, as follows 18 1. That the above recitations are true and correct 19 20 21 22 23 attached hereto). 24 3. That the Plan shall be maintained for the exclusive benefit of the City Manager; and 25 2. That the City hereby establishes a money purchase retirement plan (the "Plan") in the form of The ICMA Retirement Corporation Governmental Money Purchase Plan &. Trust, pursuant to the specific provisions ofthe Plan & Trust Adoption Agreement (executed copy that the City hereby executes the Declaration of Trust of Vantage Trust, intending this execution to be operative with respect to any retirement or deferred compensation plan 22 23 24 25 26 27 28 Trust. 4. That the City hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the Vantage Trust; and 1 subsequently established by the City, if the assets of the plan are to be invested in the Vantage 2 3 4 5 5 5. That the Human Resources Director shall be the coordinator for the Plan; shall 7 receive reports, notices, etc., from the ICMA Retirement Corporation or the Vantage Trust; shall Q cast, on behalf of the Employer, any required votes under the Vantage Trust; may delegate any 9 administrative duties relating to the Plan to appropriate departments; and 10 ^ ^ 6. That the Human Resources Director is authorized to execute ali necessary 12 agreements with the ICMA Retirement Corporation incidental to the administration ofthe Plan 13 // // // // // 14 15 16 17 18 19 // 20 // 21 // // // // 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 8*^ day of April, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. ABSENT: None. ATTEST: .^SARftARA ENGLESON,(dty Clerk EXHIBIT 3 ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER 10-7924 The Employer hereby establishes a Money Purchase Plan and Trust to be known as City of Carlsbad Money Purchase Plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust (MPP 01/01/06). This Plan is an amendment and restatement of an existing defined contribution money purchase plan. • Yes 21 No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer: City of Carlsbad [902] II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: April 14,2014 (e,g,^ January 1, 2006 for the MPP 01/01/06 Plan) III. Plan Year will mean: IZI The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) The twelve (12) consecutive month period commencing on and each anniversary thereof IV. Normal Retirement Age shall be age (not to exceed age 65). [288] V. ELIGIBILITY REQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees All Full Time Employees Salaried Employees Non union Employees Management Employees Public Safety Employees General Employees 2^ Other Employees (specify describe the group(s) of eligible employees below) City Manager The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. Also, the eligibility requirements for participation in the Plan cannot be such that Employees become Participants only in the Plan Year in which the Employees terminate employment (i.e., stand-alone final pay plans). Money Purchase Plan Adoption Agreement 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment) N/A If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is N/A (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A, B or C. If Option A is noi selected, Employer must pick up Participant Contributions under Option B or Option C.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B or C is chosen, please complete section D.) |7| A. Employer Contributions. The Employer shall contribute on behalf of each Participant % of Earnings or $ 27,000 for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions are required 21 are not required to be eligible for this Employer Contribution. B. Mandatory Participant Contributions for Plan Participation. A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) % of Earnings, (ii) $ , or (iii) a whole percentage of Earnings between the range of (insert range of percentages between 0% and20% (e.g., 3%, 6%, or 20%; 5% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory Participant Contributions '(pick up is required if neither Option A nor Option C is selected). • Yes • No ^ C. Mandatory Participant Contributions for this Portion of the Plan. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute (insert range of percentages between 0% and 20% (e.g., 3%, 6%, or 20%; 5% to 7%)) of the Employee's Earnings to the Plan for each Plan Year (subject to the limitations of Article V of the Plan). [621] ' Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings; however, if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2011-4 (or subsequent guidance). Money Purchase Plan Adoption y^reement 2 57 A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Participant in this portion of the Plan. The Employer hereby elects to "pick up" the Mandatory Participant Contributions (pick up is required if neither Option A nor Option B is selected).^ [621] days (no more than • Yes • No D. Electipn Window (Complete if Option B or Option C is selected): Newly eligible Employees shall be provided an election window of 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employee may also elect to contribute as follows: O A. Fixed Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed % of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. C3 B. Variable Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding % of Earnings or $ ); PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate % of Earnings or $ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or % of Earnings, whichever is more or less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. • Yes l3 No 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): See footnote 1 on the previous page. Money Purchase Plan Adoption Agreement S6> 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime • Yes |7) No (b) Bonuses • Yes [7) No (c) Other Pay (specifically describe any other types of pay to be included below) VIII. The Employer will permit rollover contributions in accordance with Section 4.11 of the Plan. l3 Yes • No IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (0 of the Plan will apply unless another method has been indicated below. Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12 consecutive month period: Money Purchase Plan Adoption Agreement 4 5"? X. VESTING PROVISIONS XI. XII. XIII. XIV. The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent - from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Completed Zero One Two Three Four Five Six Seven Eight Nine Ten Percent Vested 100 .% .% .% .% .% .% .% .% .% .% % Loans are permitted under the Plan, as provided in Article XIII of the Plan: • Yes 0 No 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): [3 Normal Retirement Age • Age 701/2 ^ Not permitted at any age 2. Tax-free distributions of up to $3,000 for the payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. • Yes • No (Default) In-service distributions of the Rollover Account are permitted under the Plan as provided in Section 9.07. 13 Yes • No (Default) SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): A. O Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. B. 21 Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. (This is the default provision under the Plan if no selection is made.) C. (3 QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. [751] [646:8] [646:3] [646:7] [646:6] [646:6] [642:8] [646:6] Money Purchase Plan Adoption Agreement XV. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. Final Pay shall be defined as (select one): A. O Accrued unpaid vacation B. (3 Accrued unpaid sick leave C. d Accrued unpaid vacation and sick leave D. C} Other (insert definition of final pay): that would otherwise be payable to the Employee in cash upon termination. 1. id Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 2. d Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of final pay to be contributed) or up to % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer-made contributions for federal income tax purposes. • Yes • No [621] XVI. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions if either 1 or 2 is selected below. Accrued Leave shall be defined as (select one): A. • B. • C. • D. • 1. • that would otherwise be payable to the Employee in cash. following options): d For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks) to the Plan (subject to the limitations of Article V of the Plan). (3 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Money Purchase Plan Adoption Agreement ^1 3 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of accrued unpaid leave to be contributed) or up to % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer-made contributions for federal income tax purposes. • Yes • No [621] In order to allow for Final Pay Contributions and/or Accrued Leave Contributions, as defined in sections XV and XVI above, the Plan must also include additional sources of ongoing contributions, such as Fixed Employer Contributions or Mandatory Participant Contributions. In accordance with IRS Guidance, ICMA-RC will not process Final Pay Contribution or Accrued Leave Contribution Features as part of a "Stand Alone" Final Pay Plan. XVII. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVIII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIX. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions ofthe ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. XX. The Employer hereby agrees to the provisions of the Plan and Trust. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XXI. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that tlie Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of March , 20 ""l EMPLOYER Print Name: Julie Clark Title: Human Resources Director ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Washington, DC 20002-4240 202-962-8096 By:, Print Name: Title: Attest: Donna Hernandez Attest: AS TO FORM PAULG. EDMONSON Assistant City Attomey CiW of Carisbad Money Purchase Plan Adoption Agreement