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HomeMy WebLinkAboutResolution No. 12-7326RESOLUTION NO. 12 -7326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUPPLEMENTAL EMPLOYEE RETIREMENT PLAN (SERP) WHEREAS, California Government Code Section 53216 authorizes a governmental or public agency or employer to establish and make contributions to retirement plans; and WHEREAS, the City of Downey (the "Employer") desires to provide retirement benefits to its employees under such a plan; and WHEREAS. the City Council ( "the Council ") of the Employer hereby establishes a retirement plan for certain eligible employees of the Employer effective July 01, 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The eligibility requirements for employees to participate in such plan shall be as follows: • Minimum ± 55 • Minimum of 5 years c eve date of PIS. City of Downey effective date of SECTION 2. The Council hereby adopts that certain plan known as the City Of Downey Supplemental Employee Retirement Plan, effective July 01, 2012. SECTION 3. The Employer shall make all contributions to the Plan to fund said benefits. SECTION 4. For purposes of the limitations on contributions and benefits under the Plan, as prescribed by section 415 of the Internal Revenue Code of 1986, as amended, the "limitation year" shall be the Plan Year, as defined under the terms and provisions of the Plan. SECTION 5. For purposes of clarification of administration of the Plan but not for purposes of making said Plan subject to title I of ERISA, the Council hereby designates the Employer as the plan administrator. SECTION 6. The Council hereby appoints the following individuals to comprise the Plan Committee: Director of Finance and the Director of Human Resources. SECTION 7. The Council hereby authorizes any member of the Plan Committee to execute on behalf of the Employer the Form 2848, Power of Attorney and Declaration of Representative. SECTION 8. The Council hereby appoints Keenan Financial Services as the contract administrator to assist the Employer in the implementation and administration of the Plan. SECTION 9. The Council hereby authorizes and directs the City Manager and /or the Director of Finance to take the following actions: A. Execute the Plan and any and all other documents necessary or proper to implement the Plan. B. Contract with Keenan Financial Services as contract administrator to provide all services described in the contract. RESOLUTION NO. 12 -7326 PAGE TWO C. Execute any and all documents, including any amendment to the Plan, necessary or proper to maintain favorable determination of the Plan. D. Enter into any other contract or agreement which he or she deems necessary or proper to administer and /or fund the Plan and to attain and maintain the income tax qualification of the Plan under the Internal Revenue Code of 1986, as amended. SECTION 10. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 13 day of March, 2012. 'L1..L.) r ,k6RIA M. JIMENEZ, bMC City Clerk ROG C. BROSSMER, Mayor HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 13 day of March, 2012, by the following vote, to wit: AYES: Council Members: Guerra, Marquez, Vasquez, Gafin, Mayor Brossmer NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: V y ADRIA M. JIMEN , CM City Clerk -1