Resolution No. 90-24 a CITY OF TICnRD, ORFS?
RESOIXMC Q NO.
A 47P`M17rI MCK E131AB X A MaY PERCEMM RMTRMMf PLAT: FCR ri d TICARD
PMACS QFFI.CER A^SOC IAMSCN EPFWYM QF THE COPY OF T CAM
WMZEAS, The City of Tigard, in 1985, had previously adopted a money purchase
retirement plan for it's management and general employees, administered by the
ICMA Retirement Corporation; arid,
klumEAS, the Employer now desires to establish a money purchase plan for the
rxon-swag dispatchers and records clerks, as part of a bargaining unit
agreement,
NOW T"Epjao RE BE IT RESOLVED that the Farployer hereby establishes a money
rpurc uise retirement plan in the form of The ICMA Retirement Corporation
Prototype Money Purchase Retirement Plan and Trust, pursuant to the specific
provision,-- of the Adoption Agreexnent (executed copy attached hereto).
The plan and trust adopted by the Employer shall be maintained for the
exclusive benefit of eligible employees and their beneficiaries; and
.,, DE IT FURTHER R&MLVED that the Eployer hereby executes the Declaration of
Trust of the ICMA Retirement Toast, attached hereto; and
BE IT FXHME 2 REsoLVM that the Employer hereby agrees to serve as trustee
under the money purchase retirement plan to invest all funds held under such
plan in the ICMA Retirement Trust; and
BE IT FLIRI M RESOLVED that the personnel Manager shall be the coordinator for
this program and shall receive necessary reports, notices, etc. from the ICMA
Retirement Corporation or the ICMA Retirement Trust, and shall cast, on behalf
of the Ecgaloyer, any required votes under the program. Administrative duties
rngU3red by the program may be assigned to the appropriate departments.
[ PASSED: This / day of
,Alaycir ='City of Tigard
ATTEST:
City Recorder - City of TigardO
RES0TJ=ON NO. 90-1?"
Page 1
ICMA
RETIREMENT
CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
The Employer hereby establishes a Money Purchase Plan and Trust to be known as
_city of Tigard Non-sworn TPOA Ern plovees (The "Plan')in the form of the ICMA Retirement
(Tigard Police Officer Association)
corporation Prototype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution pension plan. ❑ Yes ❑ No
If yes, please specify the name of the defined contribution pension plan which this Plan hereby amends and
restates:
A.Employer: city of T;hard 4. Normal Retirement lige shall be 58 (not
to exceed age 65).If a different Normal Retirement
B.The Effective Date of the Plan shall be the first da Age is established for one or more groups of
of the Plan Year during which the Employer adopts Employees,please specify.
the Plan,unless an alternate Effective Date is hereby
specified: 7/l/s9 Age Group
C.Plan Year will mean:
( ) the 12-consecutive month period which coincides
with the limitation year(See section 5.05(h)of
the Plan.)
(x) the 12-consecutive month period commencing E. CONTRIBUTION PROVISIONS
on 7/1 and each anniversary thereof.
1. The Employer shall contribute as follows(choose
D.ELIGIBILITY REQUIREMENTS: one):
1. The following group or groups of Employees are (x)Fixed Percentage Employer Contributions With
eligible to participate in the Plan: Or Without Mandatory Employee Contributions.
All Employees The Employer shall contribute on behalf of
All Full-Time Employees each Participant---L2—%%of Earnings
Salaried Employees for the Plan Year(subject to the limitations of
Non-union Employees Article V of the Plan). Each Participant is
Management Employees required to contribute o ala of
Public Safety Employees Eamings for the Plan Year as a condition of par-
General Employees ticipation. (Write "G" if no contribution is
X Other(specify below)Non-sworn TPOA required.)
EMP I oye rede
2.The Employer hereby waives or uces the The Employer hereby elects to"pick up"the
_.aquire npnt of a twelve-month Period of Service for Mandatory/Required Participant Contribution.
participation. The period of service snail be _yes x No
6 mamt.b (write N/A if an Employee is eligible
to participate up:,. z-r:;•rn-ent) [Note to Employer:Neither an opinion letter
issued by the internal Revenue x:vica
It this waiver or reduction is elected,it shall apply respect to the prototype plan,nor a determina-
to all Employees within the Covered Employment tion letter issued to an adopting employer is a
Classification. ruling by the internal Revenue Service that Par-
3. A minimum age requirement is hereby specified for ticipant contributions that are picked up by the
eligibility to participate.The minimum age require- Employer are not includable in the Participant's
ment is N/A (not to exceed age 21).Write gross income for federal income tax purposes.
N/A if no minimum age is declared. The Employer may seek such a ruling.
t
Picked up contribufions are excludable from 3. Employer contributions and Participant contribu-
the Participant's gross income under section tions shall be contributed to the Trust in accordance
414(h)(2)of the Internal Revenue Code of 1586 with the following payment schedule:
only if they meet the requirements of Rev.Rule poij owing each pay period
81-35.1981-1 C.B.255-These requirements are
(1)that the Employer must snecity that the con-
tributions, although designated as employee
contributions,are being paid by the Employer F EARNINGS
in lieu of contributions by the employee;and
(2)the employee must not have the option of Earnings, which form the basis for computing
receiving the contributed amounts directly Employer contributions, are defined as all of each
instead of having them paid by the Employer Participant's:
to the plan.]
( )Fixed Oollar Employer Contributions With Or (X) W-2 earnings for the plan year which are sub-
Without Mandatory Employee Contributions. ject to tax under section 3101(a)of the Internal
Revenue Code without the dollar limitation of
The Employer shall contribute on behalf of section 3121(a),or which would be subject to
each Participant $ for the Plan such tax but for section 3121(b)(7);plus any con-
Yearti
f A
subject to the limitations of V of
( tributions through a salary reduction agreement
the Plan).Each Participant is requirsd to con- to a cash or deferred plan under section 401(k),
tribute % of Earnings or to a tax deferred annuity under section 403(b),
$ for the Plan Year as a condition and compensation voluntarily deferred under an
of participation.(Write"0"if no contribution is eligible deferred compensation plan under sec-
required.) tion 457;and excluding overtime compensation
The Employer hereby elects to"pick up"the and bonuses-
Mandatory/Required Participant Contribution. ( ) Earnings as defined above,plus the following
Yes No (check whichever is applicable,if any):
),-),-Overtime x Bonuses
(See the above Note to Employer r regarding
the tax treatment of picked up contributions.] which are actually paid within such Plan Year.
( )Employer Percentage Match Of Employee
Contributions. G-1-IMITATION ON ALLOCATIONS
The Employer shall contribute on behalf of If you maintain or 9rer maintained another qualified
each Participant an amount determined as plan in which any participant in this pian is(or was)
follows(subject to the limitations of Article V of a participant or could possibly become a participant,
the Pian): you must complete this section.
96 of the contributions made by
the Participant for the Plan Year(not including 1. :f the participant is covered under another qualified
Participant contributions exceeding defined contribution plan maintained by
the
'ru of Earnings of employer,other than a master or prototype plan:
$ 1: ( )The provisions of section 5-02(a)through(9)will
PLUS %of the contributions apply as if the other plan were a master or pro-
made by the Participant for the Pla^.Year in totype pian-
excess of those included in the above ( )Other Method. (Provide the method under
paragraph(bite not including Participant con- which the plans will limit total annual additions
tribufions exceediriy iii av`ie ayyceya._ to the maximum permissible amount,and will
%of Earnings or$ 1- property reduce any excess amounts,in a man-
Employer
- _---•_ -- -�...._�.a_,._..e.....1
Employer contributions on i�ehan of a rarufor ci- ...a.t,..3......,o� r,,,'..•
pant for a Plan Year shall not exceed
g _or %of Earnings.
whichever is_ more or less.
2- Each Participant may make a voluntary,after-tax
contribution.subiect to the limitations of Section 2 if the participant is or has ever been a participant
4.04 and Article V of I"Plan. in a defined benefit plan maintained by the
Yes No employer:
2
( )If the limitation in section 5.04 would be ex- A Participant may direct his/her investment
ceeded,then the participant's projected annual of net more than %in an in-
benefit under the defined benefit plan shall be vestment option which does not provide any
reduced in accordance with the terms thereof guarantee of principal.
to the extent necessary to satisfy such limita- x
tion. If such plan does not provide for such — A Participant may direct hither investment,
reduction,or if the limitation is still exceeded without tionresis is it among various ust. -
after the reduction,annual additions shall be ment options available under the Trust.
reduced to the extent necessary in the manner Specify any other investment restrictions
describes in sections 5.01 through 5.03.
( )Other Method. (Note to Employer: Provide
below language which will satisfy the 1.0 limita-
tion of section 415(e) of the Code. Such
language must preclude Employer discretion.
See section 1.415.1 of the Regulations for J, BENEFITS UPON SEPARA:i!ON
guidance.) 1. Upon separation from service for reason other than
death,disability or attainment of Normal Retirement
Age,the Participant may elect to commence receiv-
ing benefits from the following accounts, without
regard to age:
a)Employer Contribution Account (Nonforfeitable
Interest)
3. The limitation year is the following 12-consecutive
month period: x Yes —No
b)Participant Contribution Account(if applicable)
X Yes No
H_VESTING PROVISIONS
c) Participant Portable Benefits Account
The Employer hereby specifies the following vesting x Yes __No
schedule, subject to 1) the minimum vesting re-
quirements as noted(either Type 1 or Type 2)and 2)
the concurrence of the Pian Administrator. 2. If "no" to any of the above, the earliest stage is
Type 1 Type 2at which tate Employer will allow a distribu-
Years of Specified Minimum Minimum tion from the Employer Contribution Account, the
Service Percent Vesting Ve-ting Participant Portable Benefits Account, andfor the
Completed Vesting_ Requirements" Requirements" Participant Contribution Account,if applicable.
zem 100 % No minimum No Minimum a Notwithstant+ing Sviiion.1(2)above,a distribution
r.m
one ,% No minimum No Minimshall be made pursuant to Section 9.05 of the Plan,
two % No minimum No Minimum De Minimis Accounts.Further,the Participant shal!
Three % No minimum No Minimum
Four % Not lei than 40% No Minimum be entitled to make a rollover contribution pursuant
Frye % Not less than 45% Must equal 100% to Section 9.03 of the Plan.
Six % Not less than 50% Must equal 100%
Seven __% Na kss than 60% Must equal 100%
K.Loans are permitted under the Plan, as provided in
�1dnr Article XIII:
Yes x No
(--These minimum vesting requirements conform to the L.WAIVER OF FUNDING(complete this section only if
IRSta rn"r-Forty and Fis a veer ryiff ccherlulaz which are waives of minimin,n fnndinn anniind fnrl
the most restrictive schedules for which an advance deter-
mination ruling for qualification will be issued by the IRS The Employer,if unable to satisfy the minimum funding
without a pre-test for nondiscrimination.) standard for a given Pian Year,may apply to the Inter-
nal Revenue Service for a waiver of the minimum fun-
1. INVESTMENT OPTION ding standard.if the waiver is granted,the following
A Participant may direct his/her investment provisions shall apply and suspend any contrary pro-
only in an investment option which prrxides vision:
a guarantee of principal.
3
IMPORTANT NOTICE:
AMENDMENT TO VESTING PROVISIONS (PART H)
The vesting provisions outlined in Section H of this adoption agreement will be amended to
comply with the Tax Reform Act of 1986.
As of.January 1,1989,the IRS Four-Fortyvesting schedule has been repealed.A new minimum
schedule,the Seven-year Graded Vesting Schedule(Type 1,below) has been provided,as
mandated by the IRS.Please note that the Five-year Cli::Vesting Schedule(type 2,below)
is still available for adoption by the Employer.
The Prototype Money Purchase Plan and Trust Adoption Agreement offered by the ICMA
Retirement Corporation is in compliance with IRS regulations. Employers who wish to adopt
RC's Prototype Money Purchase Pian are requested to be within these new vesting schedule
minimums as of,;anuary 1,1988.
H. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to 1) the
minimum vesting requirements as noted (either Type 1 or Type 2) and 2) the
concurrence of the Pian Administrator. J
Type f Type 2
Years of Specified Minimum Minimum
Service Percentage vesting Vesting
Completed vesting Reauitements" Requirements•'
Zero % No Lanhow- No Mlnknum
O"e _e_% No LUMAN4.0 No Minbnu
Taro % No 1ffi knum No Minimws
rWM % Not Less ThM 2676 No 44inSmcrn
Fc % Not Less Thom 1656 No Gartkmmrs
Ptve % Not Lass Thm 66% Must E.qusl 106%
sh[ % Nat Less Tlmt e0% Masi Equal 100%
seven. 106 % Must Equal 106% Must Equal 100%
ar moro
fswTt�mca m n m+,m vaetinn rave siromantlm r rcfnrm in tha iRG c Cavan_vanr Mrariart
Vesting Schedule(Type 1)and Five-year Cliff Vesting Schedule(Type 2),which are
L�J..���t._ •...L i.._n.
U Ip t i Nom[1 TiJ�!OVUYO JLI iOt+YtDJ 16A Al IR.��Qi�PV YGa..YV vvvr iiY,tpvvi,v.ii��v�
qualifi-
cation will be issued by the IRS without a pre-test for nondiscrimination.)
RETIREMENT
CORPORATYJN
M.The Employer hereby attests that it is a unit of state O.An adopting Employer may not rely on an opinion let-
or local government or an agency or instrumentality of ter issued by the National Office of the Infemai
one of more units of state or local government. Revenue Sem as evidence that the Plan is qualified
N.The Employer hereb appoints the ICMA Retirement under Section 401 of the Internal Revenue Code.In
Y order to obtain reliance with respect to plan quaiifica-
Corporation as the Plan Administrator pursuant to tion,the Employer must apply to the appropriate key
the terms and conditions of the ICMA RETIREMENT district office for a determination letter.
CORPORATION PROTOTYPE MONEY PURCHASE
PIAN AND TRUST. This Adoption Agreement may be used only in conjunc-
The Employer hereby agrees to the provisions of the tion with bask Plan document number W.
Plan and Trust.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of
19-
EMPLOYER Accepted:ICMA RETIREMENT CORPORATION
By: By:
Title: Title:
Attest: Attest:
i
401005
December 1988
4