HomeMy WebLinkAbout1918 RESOLUTION NO. 1918
A RESOLUTION amending Resolution No. 1649,
as amended by Resolution No. 1871, relating
to a Deferred Compensation Plan for the
City of Bremerton.
WHEREAS, the Revenue Act of 1978, by adding Section
457 to the Internal Revenue Code, established new requirements
for Deferred Compensation Plans of governmental employees, and
WHEREAS, that has made it necessary to modify the City
of Bremerton Deferred Compensation Plan to comply with Section
457 of the Internal Revenue Code;
NOW, THEREFORE, BE IT RESOLVED that Resolution No.
1649, as amended by Resolution No. 1871, be amended to adopt
the Deferred Compensation Plan attached hereto marked as Exhibit
A, entitled "City of Bremerton Deferred Compensation Plan"
and consisting of 13 numerical pages, all of which is hereby
made a part hereof by this reference.
ADOPTED by the City Council of the City of
signed by the Mayor and attested by the City Clerk in authen-
tication of such adoption this 1st day of December, 1981.
GLENN K. JARSTAD, Mayor
ATTEST:
KATHLEEN L. MANDIO, City Clerk
CITY OF BREMERTON DEFERRED COMPENSATION PLAN
NAME OF PLAN
The name of this plan is the City of Bremerton Deferred Compen-
sation Plan and hereinafter is referred to as "Plan".
II.
PURPOSE
The Purpose of this Eligible State Deferred Compensation Plan is
to secure lhe benefit of Employees' future services, knowledge
and experience by permitting the employees, elected officials,
and independent contractors (as authorized by IRC 457) to parti-
cipate in this Plan whereby they may defer so much of their com-
pensation as allowed in Section VI of this Plan, to provide
retirement, disability and death benefits.
III.
DEFINITIONS
For purposes of this Plan, certain words or phrases used herein
will have the following meanings:
1. Committee means an administrative unit consisting of
three persons appointed from time to time by the employer
which shall have the duties defined in the Plan.
2. Community Property Laws - the amount of includable com-
pensation shall be determined without regard to any
community property laws.
3. Compensation Taken Into Account at Present Value - Compen-
sation shall be taken into account at its present value.
4. Deferred Compensation means the portion of includable
compensation not yet earned, which the Participant and
Employer mutually agree shall be deferred in accordance
with the provisions of this Plan and IRC 457.
5. Eligible State Deferred Compensation Plan means a plan
established and maintained by a State that complies with
IRC 457(b).
6. Employer means City of Bremerton, Washington.
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7. Includable Compensation means compensation for services
parleyed for the state which (taking into account the provisions
of tRC 457 and IRC 403(b)) is currently includehie in gross
income.
8. Income Attributable - Gains from the disposition of property
shall be treated as income attributable to such property.
9. Participant ~eans an individual who is eligible to defer
compensation under this Plan, and who has executed a
Participation Agreement.
i0. Participation Agre~Jnent - the agreement attached as Exhibit A to
this Plan.
ii. Performance of Service - the performance of service includes
performance of service as an independent contractor.
12. Separation From Service means separation from service with the
Employer by death, disability, retirement, or termination of
emplo.vment.
13. State means a State, a political subdivi~!In of a State, and an
agency or instrumentality of a State or political subdivision of
a State.
I4. Unforeseeable Emergency - IRC 457(b)(5) provides that it shall
be determined in the manner prescribed by the Secretary by
regulation. Since regulations have not been promulgated, the
following definition shall be utilized by the Committee until
such time as regulatisus are svailable. At that tire, any
ambiguities or inconsistencies between this definition and the
regulation will be resolved in favor of the regulation which
~hatl be incorporated in this Plan by this reference. Unforesee-
able Emergency for the purpose of this Plan, shall be defined as
severe financial hardship to the Participant resulting from a
sudden and unexpected illness or accident of the Participant or
of a dependent of the Participant, loss of the Participant's
property due to casualty, ~r other sffnilar extraordinary and
nnforeseeable circumstances arising as a result of events beyond
the control of the Participant. Subject to this definition, the
committee shall be the sole arbiter of whether an "Unforeseeable
Emergency" exists in any given case. Payment may not be made to
the extent that such hardship is or !nay be relieved (i) through
reimbursement, (2) by liquidation of the Participant's assets to
the extent the liquidation of such assets would not itself cause
severe financial hardship, or (3) be cessation of deferrain under
the plan. Unexpected and unre~nbursed expenses which cause great
hardship to one Participant may not cause such hardship to
another Participant. Means available to one Participant for
~eeting a real emergency of a financial nature may not be ~vail-
able to another Participant. Examples of what are not considered
to be unforeseeable emergencies include the need to send a
Participant's child to college or the desire to purchase a home.
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IV.
ADMINISTRATION
This Plan shall be administered by a Deferred Compensation Committee,
heroinafter referred to as "Committee", established by a resolutiom of the
Employer.
1) Employer shall disburse those amounts which arise from duly
executed Participation Agreements in accordance with instructions from the
Committee. A duly executed Participation Agreement, in substantially the
form as Exhibit ~ attached hereto, shall bear the signatures of both the
Participant and a Committee member. Each participating employee's
Participation Agreement shall become a part of this Plan and is
incorporated heroin by this specific reference thereto.
2) All property and rights (pursuant to IRC 457(b)(6)) purchased with
amounts deferred under the Plan and all income attributable to such
amounts, property, or rights, shall remain (until ~ade available to the
Participant or other beneficiary) solely the property and rights of the
State (without being restricted to the provisions of benefits under the
Plan) subject only to the claims of the Staro's general creditors.
3) An individual account shall be maintained in the name of each
Participant, to which amounts deferred shall be credited. The maintenance
of such accounts and the amounts credited to it shall be for purposes of
accounting only.
4~ Account assets hereunder may be invested in fixed or variable life
insurance or annuity contracts issued by IDS Life Insurance Company or any
other investments as determined and approved by the Committee, provided,
however, that no such investments shall be made in violation of applicable
statutes. The Participant may advise the Ccnmittee of his or her
investment or benefit preference for the .~ount credited to his or. her
account, but the Eo~nittee shall at its own discretion ~naka the final
investment and benefit deterainations.
5) With respect to each account hereunder, all dividends, interest,
gains, rents ~nd other increments thereon, shall be credited to such
acconnt, and the assets of each ~ccount shall be v~lued not less than once
each year at present vslue.
6) The C~mmittee shall have the authority to appoint such
administrative agents or agencies as it deems advisable or desirable, to
carry out the ter~s and conditions of this Plan.
7) Employer shall not be required to invest assets nor be responsible
for any loss due to the investment or failure of investment of funds and
assets in said deferred colnpensation account nor shall Enployer be required
to replace any loss whatsoever which may result from said investments.
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8) The Committee shall assume or incur no obligations hereunder
except to exercise due care with respect to the assets from time to time in
their custody hereunder pending application thereof as provided in this
Agreement and to exercise due diligence in carrying out ~heir duties and
functions under this Agreement. The Committee shall not be liable for any
loss unless such loss is caused by a breach of its obligations under this
Plan.
V.
ELIGIBILITY
Any Employee or other party related to Employer by contract who is eligible
to defer compensation under this Plan may be a Participant.
VI.
PARTICIPATION
The Participant must agree to defer only compensation that is not yet
earned as of the date of the execution of the Participation Agreement. He
or she further must agree to defer not less than $25 per month, but shall
not exceed the lesser of $7,500 or 33 1/3% of includehie compensation.
Catch-Up Exclusion -- For one or more of the last three taxable years of a
Participant ending before he or she reaches the normal retirement age of
sixty-five (65), an additional catch-up exclusion is permitted if, in
previous years the full amount of the Seven Thousand Five Hundred ($7,500)
Dollars or 33 1/3% limitation has not been utilized. The maximum amount
that can be deferred is an amount not in excess of the lesser of '
(1) Fifteen Thousand ($15,000) Dollars reduced by any amount excludable
from the Participant's gross income for the taxable year under
Section 403(b) on account of contributions made by the State, or (2) the
sum of the plan ceiling ($7,500 or 33 1/3% of includab!e compensation) plus
the Plan ceiling established for any prior taxable year, less the amount of
comp~n~sation actually deferred under the Plan for such prior taxable year.
A prior taxable 7ear can be taken into account only if (A) it begins after
December 31, t978, (B) the Participant was eligible to participate in the
Plan during 'all or any portion of the taxable year, and (C) compensation
deferred under the Plan during the taxable year was subject to a Plan
ceiling as required by Section 457 of the Internal Revenue Code.
An eligible person may only elect to become a Participant beginning the
calendar month following the calendar month of ekecution of a Participant
Agreement, provided he or she executed the Participant Agre~nent within a
reasonable time in the calendar month preceding the calendar month he or
she desires to begin participating.
Further, an employee may only elect to increase or decrease the amount of
compensation he or she wishes deferred for compensation earned after the
beginning of a subsequent calendar year. Such election is to be made 30
days prior to the calendar year in which it is to take effect.
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A Participant may terminate his or her Participation Agreement with respect
to future earnings, but in so doing will not be eligible to again
participate in this plan until the beginning of the next calendar year
following such termination.
VII.
BENEFITS
A. In the event of separation from service or unforaseeable emergency,
the Committee will apply the then present value of the amount credited
to the Participant's account in accordance with one of the following
settlement modes elected by the Employee or Employee's beneficiary.
1. Settlement modes under a qualified annuity contract which may be
used to measure benefits to the Participant as elected in the
Participation Agreement, provided, however, that such benefit
payout options must provide for payment (l) over the life of the
Participant, (2) over the lives of the Participant and the
Participant's spouse, (3) within a period certain not extending
beyond the life expectancy of the Participant, or (4) within a
period certain not extending beyond the joint life and last
survivor expectancy of the Participant and the Participant's
spouse. If no settlement mode is elected by Participant by the
time separation from service occurs, then, the Plan deems that
the lump-sum mode has been elected by the Participant.
2. Monthly, quartarly, semiannual or annual installments of such
nearly equal amounts, based on the amount credited to
Participan~'s account at the time such pa)nents commence, subject
to readjustment as necessary from ti~e to time, as will be
required to exhaust ?articipant's interest over a specified
period of years designated by the Employee at the tL~e he or she
becomes a Partinipant, ~uch period not to ezceed ParticLpant's
life expectancy, 2nd commencing on ~he first day of the Luonth
following such retir=r:~ent or t~t~{~ation.
3. Lump-sum distribution on the first day of the ~onth following
separation frown service or unforqeeable emergency.
Beginning with the Participaat's taxable year in which the
Participant attains age 70 1/2 (or, if later, the Participant's
taxable year in which the payments c~nmence) the ~ount to be
paid each year is not less than the lesser of (1) the balance of
the deferred ~nounts, or (2) an amount equal to the quotient
obtained by dividing the balance of the deferred amounts at the
beginning of the year by the life expectancy of the Participant
(or the joint life and last sur/ivor expectancy of the
Participant and the Participant's spouse, as applicable),
determined as of the date the Participant attains age 70 and
reduced by one for each taxable year commencing after the
Participant attains age 70 1/2. The life expectancy of the
Participant or the joint life and last survivor expectancy of the
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Participant and spouse cannot exceed the period computed by use
of the expected return mul tipi es in Section 1.72-9 of the Income
Tax Regulations, or, in the case of payments under a contract
issued by an insurance company, the period comDuted by use of the
mortality tables of such company.
5. If the amounts deferred under the plan are paid to the
Participant or a beneficiary by distribution of an annuity
contract, the contract must be distributed no later than the
latest of (i) unless the Participant has otherwise elected,
60 days after the close of the participant's taxable year in
which the Participant attains normal retirement age under the
plan, or, if earlier, age 65, (2) close of the Participant's
taxable year in which the Participant separates from service with
the employer, or (3) the close of the Participant's taxable year
in which the Participant attains age 70 1/2.
B. In the event of the Participant's death before the entire amount
deferred is paid to the Participant, or, if payment is commenced to
the Participant's surviving spouse and said surviving spouse dies
before the entire amount is paid to such spouse, the entire amount
deferred (or the remaining part of such deferrals if payment thereof
has commenced) will, within five years after the Participant's death
(or the death of the surviving spouse), be paid under the Plan.
In the event of the Participant's death after the commencement of his
deferred compensation benefits but prior to the exhaustion thereof, the
Employer agrees to pay the balance of the account to the Participant's
designated beneficiary.
The Participant shall have the right to designate a beneficiary and from
t the to time ehan~e such !~signatien by written notice ~eiivered to the
Committee.
If there is no designated benefici.~ry ~urviving what a payment is due,
payment of amy benefits shall be ~ade to his er her spouse if living; if
not, to the executor or administrator.
VIII.
WITHDraWALS
Due to unforeseeable ~T~ergenci~s beyond the Partici~ant's control, and
after other sources of financial relief have been exhausted, a Participant
nay apply to the Cor~nittee for withdrawal from the Plan prior to separation
of the Participant fr~n sepTice with the Employer. All determinations by
the Cemmittee of what would cause the Participant severe financial hardship
if early withdrawal were eoE pennitted will be made on an individual
basis. If such application for withdrawal is approved by the Committee,
the withdrawal will be effective at the later of the data specified in the
Partici~ant's application or the date of approval by the Committee. If the
Participanc's request is honored by the Ccnnnittee, the Committee shall make
payments in a [~p s~. Withdrawals for foreseeable expenditures normally
sn378 -6-
budgetable, such as down payments on a home or purchase of an auto or
college expenses will not be permitted. Any amount withdrawn shall at no
time be greater than the amount necessary to relieve the unforeseeable
financial obligation that would result if .~ithdrawal were not permitted.
(See III(14))
IX.
~MENDM~NT .~ND TERMINATION
Employer may amend this Plan at any time, provided, however, that no
amendment shall affect the rights of Participants or their beneficiaries to
the extent of any amount deferred at the time of the amendment adjusted for
investment experience. Notwithstanding any other provision of this Plan,
Employer in its sole discretion, may terminate this Plan and discharge in
full its obligations under Plan to all Participants or all Participants'
beneficiaries by distributing to such Participants or beneficiaries the
value of the Participant's account. The Employer cannot terminate this
Plan with respect to an individual Participant without terminating the Plan
for all Participants.
X.
PARTICIPATION IN MORE THAN ONE PL.~
The dollar limitation (as defined and designated in the second paragraph of
Section VI) on the amount of compensation that can be deferred under an
eligible deferred ccmpensation plan applies at the individual level as well
as the plan level. Consequently, a person who participates in more than
one plan (whether or not maintained by the same sponsor) must allocate the
dollar 1tmitation among the plans in which he or she participates.
XI.
PARTICIPATION [N F_~K-SHELYERED .~NNUITY
If an individual who participates in an eligible deferred compensation plan
also participates in a tax-sheltered annuity program, contributions that
are excludehie fr~-m his or her grose incctne nnder Code Sec. 403(b) reduce
the lEviration, under Code Sec. 457, on the mount of compensation which
may be deferred under the eligible deferred compensation plan. Both the
$7,500 (or $15,000) limitation and the 33 1/3 percent of includable income
limitation are reduced.
For purposes of cc~puting the exclusion under Code Sec. 403(b), an amount
deferred in an earlier taxable year under an eligible State deferred
compensation plan (with regard to the sponsoring entity) is treated as an
amount cuntributed by the employer and excluded by the employee under Cede
Sec. 403(b), if the taxable year of the defertel counts as a 7ear of
service for purposes of Code Sec. 403(b).
sn378 -7-
XII.
NONASSIGNABILITY
Neither Participant nor his or her beneficiary shall have any
right to sell, assign, transfer or otherwise convey the right to
receive any payment hereunder; nor shall any such payments be
subject to attachment, garnis~hmen~ or execution of any kind in
connection with any claim against Participant or his or her
beneficiary.
XIII.
PROHIBITION AGAINST INTEREST
Any funds or assets, including increment and accumulation thereon,
acquired by Employer as a result of any Participants' deferral
hereunder shall be an asset of the Employer and subject to Employer's
ownership until such time as such funds or assets are actually
distributed to Participant or his or her designated beneficiary
in accordance with the provisions hereof. It is expressly under-
stood and agreed that neither the Participant nor his or her
beneficiaries shall have any right in or to such funds or assets
and that such funds or assets shall be subject to the claims of
Employer's creditors. The obligation of the Employer to Partici-
pants or their designated beneficiaries for the benefits provided
for hereunder is a contractual obligation only. Participants
and their designated beneficiaries have no claim by way of trust,
escrow, annuity or otherwise in or to any specific assets held
by Employer.
XIV.
APPLICABLE LAW
This Plan shall be construed under the laws of the State of
Washington.
IN WITNESS WHEREOF, Employer has caused this Plan to be
signed and attested on this day of , 19 by
a duly authorized person.
CITY OF BREMERTON, Employer
Attest:
City Clerk GLENN K. JARSTAD, Mayor
-8-
EXHIBIT A
APPLICATION TO PARTICIPATE IN THE
DEFERRED COMPENSATION PLAN
TO: Deferred Compensation Committee
Beginning I wish to participate in the
Deferred Compensation Plan to the extent of $ per month subject
to the terms and conditions of the Plan.
I wish to designate the following beneficiary (or beneficiaries) in
accordance with the Plan: (Show name, relationship and address.)
(If the designated beneficiary is other than the Participant's
spouse, consent of said spouse is required in community property
states.)
I hereby select the following investment(s) which shall be the basis
for measuring future benefits.* (Check one.)
__ combination fixed and variable annuity issued by IDS Life
Insurance Company with purchase payments allocated % fixed
and % variable
__ mutual f~nds (specify fund)
insnrance (specify insurance)
*%~nen purchasing life insurance with all or part of the Participant's
deferred compensation, the Plan Sponsor (Employer) must be the sole
beneficiary of the policy and must retain all incidents of ownership
of the policy.
I acknowledge receipt of ~ copy of the Deferred Compensation Plan and
confirm that I have reviewed and understand all of the terms and conditions
thereof.
Signed Signed
Commitee Member Employee
Dated Hcme Address
Dated
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EXHIBIT B
Upon the occurrence of an event calling for
distribution of benefits under Section VII of the Plan,
I elect on this date to receive said benefits in the
following manner indicated by placing an X in the
square opposite the elected mode of distribution.
Section VII BENEFITS
EARLY RETIREMENT
Annuity__ Other__
A. settlement modes under a A. monthly, quarterly,
qualified annuit7 semiannually, or
1) Life Income - annual installment
Participant payments commencing on
2) Life income - Lives of early retirement
the Participant and the date or deferred
Participant's Spouse 65th birthday for a
3) Life Income - Participant - period of years.
with 5 , 10 , or 15
years certain (term certain
must not extend beyond the
life expectancy of the
Participant.)
4) Life Income with 5 , 10 ,
or 15 years certain
(term certain must not extend
beyond the joint life and
Last survivor expectancy of
the Participant and the
Participant's spouse.)
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NORMAL RETIREMENT
Annuity Other__
A. settlement modes under a A. monthly, quarterly,
qualified annuity semiannually, or
I) Life Income - annual installment
Participant payments commencing on
2) Life Income - Lives of early retirement
'the Participant and the date or deferred to
Participant's Spouse 65th birthd'ay for a
3) Life Income - Participant - period of . years.
with 5 , 10 , or 15
years certain (term certain
must not extend beyond the
life expectancy of the
Participant.)
4) Life Income with 5 ., 10 ,
or 15 years certain
(term certain must not extend
beyond the joint life and
last survivor expectancy of
the Participant and the
Participant's spouse.)
B. l~p sum B. . lump sum
LATE RETIREMENT
Annul ty __ Other __
A. settlement ~odes under a A. inonthly, quarterly,
' qualified annuity semiannually, or
1) Life Income - annual installi~ent
"Participant payments commencing on
2) Life lnc~e - Lives of . early cetirement
' the Participant and the date or deferred to
Participant's Spouse 65th birthday for a
3) Life Income - Participant - period of years.
with 5 , i0 , or 15
>'ears certain (tara certain
must not extend beyond the
life expec[ancy of the
Participant.)
4) Life Income with 5 10
or 15 .. years certain
(term certain must ~ot extend
beyond the joint Life and
last survivor expectancy of
the Participant and the
Participant's spouse.)
DISABILITY
Annuity Other__
&. settlement modes under a A. monthly, quarterly,
' qualified annuity ' semiannually', or
I) Life Income - annual installment
Participant payments commencing on
2) Life Income - Lives of early retirement
the Participant and the date or deferred to
Participant's Spouse 65th birthday for a
3) Life Income - Participant - period of years.
with 5 , i0 , or 15
years certain (term certain
must not extend beyond the
life expectancy of the
Participant.)
4) Life Income with 5 , 10
.,
or 15 years certain
(term certain must not extend
beyond the joint life and
last survivor expectancy of
the Participant and the
Participant's spouse.)
B. lump sum B. lump sum
TEtMINATION
Annuity__ Other g
A. settlement modes under a A. monthly, quarterly,
qualified annuity semiannually, or
1) Life Income - annual installment
Participant pa?~ents ccmmencing on
2) Life Income - Lives of early retirement
the Participant and the date or deferred to
Participant's Spouse 65th birtkday for a
3) Life Income - Participant - period of years.
with 5 , 10 , or 15
years certain (term certain
must not extend beyond the
life expectancy of the
Participant.)
4) Life Inceme with 5 10 ,
or 15 years certain
(term certain must not extend
beyond the joint life and
last survivor expectancy of
the Participant and the
Participant's spouse.)
B. __ lump sum B. __ lump sum
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DEATH
A. __ 60 consecutive monthly payments
B. iump sum
I acknowledge receipt of a copy of the Deferred Compensation Plan and
confirm that I have reviewed and understand all of the terms and conditions
thereof.
Signed Signed
Commitee Member Employee
Dated Home Address
Dated
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