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HomeMy WebLinkAboutCity Council Resolution 04-006 RESOLUTION NO. 04 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO AMEND THE RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST WHEREAS, the City of Saratoga has employees rendering valuable services; and WHEREAS, the City of Saratoga has established a deferred compensation plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Saratoga has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of the deferred compensation plan; and WHEREAS, amendments to the Internal Revenue Code have been enacted that allow enhancements of the benefits; NOW THEREFORE BE IT RESOLVED that the City of Saratoga hereby amends and restates the deferred compensation plan (the "Plan") to be administered by ICMA and Benefits Corp in the form of: The ICMA Retirement Corporation Deferred Compensation Plan and Trust BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. Indicia of the Trustee's beneficial ownership of Plan assets held in Trust further shall be held for the exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the City of Saratoga hereby agrees to serve as Trustee under the Plan. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga on the 21 st day of January, 2004, by the following vote: AYES: Councilmembers Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith NOES: None ABSENT Councilmember Stan Bogosian ABSTAIN: c affi~# Ann Waltonsmith, Mayor