HomeMy WebLinkAboutCity Council - 2000-105 RESOLUTION NO. 2000-105
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
MODIFYING BENEFITS FOR
NON-REPRESENTED, ELECTED DEPARTMENT HEADS
WHEREAS, the establishment of a money purchase retirement plan benefits
employees by providing funds for retirement and funds for their beneficiaries in the event of
death; and
The City of Huntington Beach ("Employer") desires that its money-purchase
retirement plan for non-represented, elected Department Heads ("elected Department Heads")
be administered by the ICMA Retirement Corporation and that funds held under such plan be
invested in the 1CMA Retirement Trust, a trust established by public employers for the
collective investment of funds held under their retirement and deferred compensation plans;
and
The City Council of the City of Huntington Beach desires to modify benefits for non-
represented, elected Department Heads.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1. That the Employer hereby establishes a money-purchase retirement
Plan (the "Plan") in the form of The ICMA Retirement Corporation Governmental Money
Purchase Plan and Trust, pursuant to the specific provisions of the Adoption Agreement,
attached hereto and incorporated herein by this reference as EXHIBIT "A." The Plan shall
be maintained for the exclusive benefit of the non-represented, elected Department Heads and
their beneficiaries.
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Res.No.2000-105
SECTION 2. Benefits for non-represented, elected Department Heads shall be
modified to allow for the Plan, and the City Treasurer is hereby authorized to execute all
agreements attached hereto and incorporated herein by this reference as EXHIBITS "A,"
"B," and"C." For those elected Department Heads that choose to participate in the Plan, the
Employer agrees to reduce their respective salary by$1.00 per pay period, effective upon
adoption hereof. Those elected Department Heads who do not choose to participate are
hereby notified, and have agreed, that this is a one-time option and that they will not be
allowed into the plan at a later date. Future newly hired and/or promoted Department Heads
will have a 30-day period during which to make a determination to participate in the Plan. A
listing of existing elected Department Heads and their respective participation choices is
reflected in EXHIBIT "D," attached hereto and incorporated herein by this reference.
SECTION 3. That the Employer, through the City Treasurer, hereby agrees to serve
as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement
Trust.
SECTION 4. That the City Treasurer shall also be the coordinator for the Plan; shall
receive reports, notices, etc., from the ICMA Retirement Corporation or the ICMA Retirement
Trust; shall cast, on behalf of the Employer, any required votes under the ICMA Retirement
Trust; may delegate any administrative duties relating to the Plan; and is authorized to execute
all necessary agreements with ICMA Retirement Corporation incidental to the administration
of the Plan.
SECTION 4. Except as modified herein, all existing benefits of the specified elected
Department Heads shall remain in effect.
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SECTION 5. Any resolution in conflict herewith, whether by minute action or
resolution of the City Council heretofore approved, is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of November 2000.
Mayor
ATTEST: APPROVED AS TO FORM;
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator r asure
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Res. No.2000-106
EXHIBIT A
ICMA RETIREMENT CORPORATION Res.No.2000-105
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
Account Number 1 Q- _1 b 0kS
The Employer hereby establishes a Money Purchase Plan and Trust to be known as (the"Plan") in the
form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust,The Plan
shall be known as:
PLAN J 1A vf,i%n cA o-. biAcVN _L1 e c x'd D sae cls 19061
M
This Plan is an amendment and restatement of an existing defined contribution money purchase plan,
U Yes 3 No
If yes,please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
I. Employer Name: C of )A nA\ng deA Ct, (9021
II, The Effective Date of the Plan shall be the first day of the PlanYear during which the
Employer adapts the Plan,unless an alternate Effective Date is hereby specified:
III, PlanYear will mean:
U The twelve (12) consecutive month period which coincides with the limita-
tion year, (See Section 5,04(i) of the Plan.) 180j]
3 The twelve (12) consecutive month period commencing on
san.1.3o,0% and each anniversary thereafter, 18031
IV formal Retirement Age (not to exceed age 65) shall be age 5 [288]
V ELIGIBILITY REQUIREMENTS,.
1. The following group(s) of Employees are eligible to participate in the Plan.
All Employees
All Pull=Time Employees
Salaried Employees
1Non=union Employees
Management Employees
Public Safety Employees
General Employees
Other (specie below):
tlec�ea Qfrnt C r0!QV 1 Lncls
MPP Adop ion Agmem t 4/30/9000
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_
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 `?i0 AAN
write N/A if an Employee is eligible to participate upon employment). [344]
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 _,"�^ (not to exceed age 2 1). Write N/A if no mini- [341]
mum age is declared.
Vl. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose one):
Fixed Employer Contributions With Or Without Mandatory
Participant Contributions.
The Employer shall contribute on behalf of each Participant % of
earnings or S -2t. for the P1anYear (subject to the limitations
of Article V of the Plan). Each Participant is required to contribute
1 O % of earnings or $ for the P1anYear as a condition
of participation in the Plan. (Write"0"if no contribution is required.)
If Participant Contributions are required under this option,a Participant
shall not have the right to discontinue or vary the rate of such contribu-
tions after becoming a Plan Participant.
The Employer hereby elects to"pick up"the Mandatory/Required
Participant Contribution.
Yes ❑ No [621]
The pick-up provision specifies that the contribution is treated,for
federal income tax purposes,as though it is made by the employer.The
pick-up provision allows the employee to defer taxes on the employee
mandatory contribution.The actual result is the same as if the contribu-
tion were a reduction in that employee's salary by the amount of the
contribution.Picked up contributions are NOT exempt from Social
Security ray
[Note to Employer: A determination letter issued to an adopting Em-
ployer is not 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. The
Employer may seek such a ruling.
2 MPP Adoption Agreement 4/30/2000
[Picked up contributions are excludable from the Participant's S*SYo.2000-105
income under section 414(h)(2) of the Internal Revenue Code of 1986
only if they meet the requirements of Rev.Rul. 81-35, 1981-1 C.B.255.
Those requirements are (1) that the Employer must specify that the
contributions,although designated as employee contributions,are being
paid by the Employer in lieu of contributions by the employee;and (2)
the employee must not have the option of receiving the contributed
amounts directly instead of having them paid by the Employer to the
plan.]
❑ Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant % of
Earnings for the P1anYear (subject to the limitations ofArticle V of the
Plan) for each P1anYear 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 P1anYear,in which case no
Employer contribution will be made on the Participant's behalf in that
Plan Year.
❑ Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount
determined as follows (subject to the limitations ofArticleV of the
Plan):
% of the 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
PlanYear in excess of those included in the above paragraph (but not
including Participant contributions exceeding in the aggregate %
of Earnings or$ �-
Employer Contributions on behalf of a Participant for a P1anYear shall
not exceed $ or % of Earnings,whichever is
more or less.
2. Each Participant may make a voluntary (unmatched),after-tax contribution,subject to
the limitations of Section 4.05 and Article V of the Plan.
IN Yes ❑ No
MPP Adoption Agreement 4/30/2000 3
3_ Employer contributions and Participant contributions shall be contributed to the Trust
in accordance with the following payment schedule: (please circle one choice) [611]
0 Bi-Weekl 1 Weekly 2 Semi-Weekly
3 Bi-Monthly 4 Monthly 5 Semi-Monthly
6 Bi-Quarterly 7 QuarterIy S Semi-Quarterly
9 Bi-Annually 10 Annually 11 Semi-Annually
'L513)a of S,cl� La Ve ArO (0vAV- \ 5CP+4n6}%oN Aa
VII. EARNINGS N-1-Na -1tht
Earnings,as defined under Section 2.09 of the Plan,shall include:
(a) Overtime ❑ Yes No
(b) Bonuses Yes ❑ No
VIII. 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 and 5.03 of the Plan).
1. If the Participant is covered under another qualified defined contribution plan main-
tained by the Employer, the provisions of Section 5.02(a) through (0 of the Plan will
apply unless another method has been indicated below.
U Other Method. (Provide the method under which the plans will Iimit
total Annual Additions to the Maximum Permissible Amount,and will
properly reduce any excess amounts,in a manner that precludes Em-
ployer discretion.)
2. If the Participant is or has ever been a participant in a defined benefit plan maintained
by the Employer,and if the limitation in Section 5.03 of the Plan would be exceeded,
then the Participant's Projected Annual Benefit under the defined benefit plan shall be
reduced in accordance with the terms thereof to the extent necessary to satisfy such
limitation. If such plan does not provide for such reduction, or if the limitation is still
exceeded after the reduction,annual additions shall be reduced to the extent necessary
in the manner described in Sections 5.02 and 5.02. The methods of avoiding the limita-
tion described in this paragraph will not apply if the Employer indicates another method
below.
4 MPP Adoption Agreement 4/30/2000
❑ Other Method. (Note to Employer: Provide below language AL4A.2000-103
will satisfy the 1.0 limitation of section 415(e) of the Code. Such
language must preclude Employer discretion. See section 1.415-1 of
the Regulations for guidance.)
3. The limitation year is the following 12-consecutive month period:
A
IX. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1) the minimum
vesting requirements as noted and (2) the concurrence of the Plan Administrator.
Years of
Service Percent
Completed Vesting
Zero NO!%
One 1 D O %
Two 1 O 0 %
Three \o-0 %
Four 1 O z %
Five vo�3 %
Six \ O O %
Seven �n� %
Eight yz%
Nine NQQ%
Ten \QQ %
X. Loans are permitted under the Plan,as provided in Article XIII:
�I Yes ❑ No f7511
XI. 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.
X1I. 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.
XIII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administra-
tor pursuant to the terms and conditions of the ICMA RETIREMENT CORPORA-
TION GOVERNMENTAL MONEY PURCHASE PLAN &TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
MPP Adoption Agreement 4/34/20% 5
XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption
Agreement may result in disqualification of the Plan.
XV An adopting Employer may not rely on a determination letter issued by the National or District Office
of the Internal Revenue Service as evidence that the Plan is qualified under Section 401 of the Inter-
nal Revenue Code. In order to obtain reliance with respect to plan qualification,the Employer insist
apply to the appropriate key district office for a determination letter.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of
1200
EMPLOYER
By. —
Title: !i-ea4su ree-
Attest:
ACCEPTED: ICMA RETIREMENT CORPORATION
I
Title: Corporate Secretary
Attest:
1
1
a
i
6 MPP Adoption Agreement 4/30/2000
Res. No.2000-105
EXHIBIT B
Res.No.2000-105
r
ADMINISTRATIVE SERVICES AGREEMENT
Type: 401
Account Number: 7695
Plan # 7695
Res. No.2000-105
ADMINISTRATIVE SERVICES AGREEMENT
This Agreement, made as of the day of , 2000 (herein referred to
as the "Inception Date"), between The International City Management Association
Retirement Corporation ("RC"), a nonprofit corporation organized and existing under
the laws of the State of Delaware; and the City of Huntington Beach (Department
Heads) ("Employer") a City organized and existing under the laws of the State of
California with an office at 2000 Main Street, Huntington, California 92648.
RECITALS
Employer acts as a public plan sponsor for a retirement plan ("Plan") with responsibility
to obtain investment alternatives and services for employees participating in that Plan;
The ICMA Retirement Trust (the "Trust") is a common law trust governed by an
elected Board of Trustees for the commingled investment of retirement funds held by
state and local governmental units for their employees;
RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a
series of separate funds (the "Funds") for the investment of plan assets as referenced
in the Trust's principal disclosure document, "Making Sound Investment Decisions: A
Retirement Investment Guide." The Funds are available only to public employers and
only through the Trust and RC.
In addition to serving as investment adviser to the Trust, RC provides a complete
offering of services to public employers for the operation of employee retirement plans
including, but not limited to, communications concerning investment alternatives,
account maintenance, account record-keeping, investment and tax reporting, form
processing, benefit disbursement and asset management.
AGREEMENTS
1 . Appointment of RC
Employer hereby designates RC as Administrator of the Plan to perform all non-
discretionary functions necessary for the administration of the Plan with respect to
assets in the Plan deposited with the Trust. The functions to be performed by RC
include:
(a) allocation in accordance with participant direction of individual accounts to
investment Funds offered by the Trust;
(b) maintenance of individual accounts for participants reflecting amounts deferred,
income, gain, or loss credited, and amounts disbursed as benefits;
Plan # 7695
Res. No.2000-105
(c) provision of periodic reports to the Employer and participants of the status of
Plan investments and individual accounts;
(d) communication to participants of information regarding their rights and elections
under the Plan; and
(e) disbursement of benefits as agent for the Employer in accordance with terms
of the Plan.
2. Adoption of Trust
Employer has adopted the Declaration of Trust of the ICMA Retirement Trust and
agrees to the commingled investment of assets of the Plan within the Trust. Employer
agrees that operation of the Plan and investment, management and disbursement of
amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may
be amended from time to time and shall also be subject to terms and conditions set
forth in disclosure documents (such as the Retirement Investment Guide or Employer
Bulletins) as those terms and conditions may be adjusted from time to time. It is
understood that the term "Employer Trust" as it is used in the Declaration of Trust
shall mean this Administrative Services Agreement.
3. Employer Duty to Furnish Information
Employer agrees to furnish to RC on a timely basis such information as is necessary
for RC to carry out its responsibilities as Administrator of the Plan, including
information needed to allocate individual participant accounts to Funds in the Trust,
and information as to the employment status of participants, and participant ages,
addresses and other identifying information (including tax identification numbers). RC
shall be entitled to rely upon the accuracy of any information that is furnished to it by
a responsible official of the Employer or any information relating to an individual
participant or beneficiary that is furnished by such participant or beneficiary, and RC
shall not be responsible for any error arising from its reliance on such information. RC
will provide account information in reports, statements or accountings.
4. Certain Representations, Warranties, and Covenants
RC represents and warrants to Employer that:
(a) RC is a non-profit corporation with full power and authority to enter into this
Agreement and to perform its obligations under this Agreement. The ability of
RC to serve as investment adviser to the Trust is dependent upon the continued
willingness of the Trust for RC to serve in that capacity.
Plan # 7695
Res.No.2000-105
(b) RC is an investment adviser registered as such with the Securities and Exchange
Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC
Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker-dealer
with the Securities and Exchange Commission (SEC) and is a member in good
standing of the National Association of Securities Dealers, Inc.
RC covenants with employer that:
(c) RC shall maintain and administer the Plan in compliance with the `
requirements for plans which satisfy the qualification requirements of Section
401 of the Internal Revenue Code; provided, however, RC shall not be
responsible for the qualified status of the Plan in the event that the Employer
directs RC to administer the Plan or disburse assets in a manner inconsistent
with the requirements of Section 401 or otherwise causes the Plan not to be
carried out in accordance with its terms; provided, further, that if the plan
document used by the Employer contains terms that differ from the terms of
RC's standardized plan document, RC shall not be responsible for the
qualified status of the Plan to the extent affected by the differing terms in
the Employer's plan document.
Employer represents and warrants to RC that:
(d) Employer is organized in the form and manner recited in the opening paragraph
of this Agreement with full power and authority to enter into and perform its
obligations under this Agreement and to act for the Plan and participants in the
manner contemplated in this Agreement. Execution, delivery, and performance
of this Agreement will not conflict with any law, rule, regulation or contract by
which the Employer is bound or to which it is a party.
5. Participation in Certain Proceedings
The Employer hereby authorizes RC to act as agent, to appear on its behalf, and to join
the Employer as a necessary party in all legal proceedings involving the garnishment
of benefits or the transfer of benefits pursuant to the divorce or separation of
participants in the Employer Plan. Unless Employer notifies RC otherwise, Employer
consents to the disbursement by RC of benefits that have been garnished or
transferred to a former spouse, spouse or child pursuant to a domestic relations order.
6. Compensation and Payment
(a) Plan Administration Fee. The amount to be paid for plan administration services
under this Agreement shall be 0.29% per annum of the amount of Plan assets
invested in the Trust. Such fee shall be computed based on average daily net
Plan # 7695
Res.No.2000-105
Plan assets in the Trust.
(b) Account Maintenance Fee. (i) There shall be an annual account maintenance
fee of $0.00 . The account maintenance fee is payable in full on January 1st
of each year on each account in existence on that date. For accounts
established AFTER January 1st, the fee is payable on the first day of the
calendar quarter following establishment and is prorated by reference to the
number of calendar quarters remaining on the day of payment.
(ii) The account maintenance fee will be waived beginning in the year following
the year in which total Plan assets exceed $4 million.
(c) Compensation for Management Services to the Trust and Advisory and other
Services to the Vantagepoint Funds. Employer acknowledges that in addition
to amounts payable under this Agreement, RC receives fees from the Trust for
investment management services furnished to the Trust. Employer further
acknowledges that certain wholly-owned subsidiaries of RC receive
compensation for advisory and other services furnished to the Vantagepoint
Funds, which serve as the underlying portfolios of a number of Funds offered
through the Trust. The fees referred to in this subsection are disclosed in the
Retirement Investment Guide. These fees are not assessed against assets
invested in the Trust's Mutual Fund Series.
(d) Mutual Fund Services Fee. There is an annual charge of 0.25% assessed
against average daily net Plan assets invested in the Trust's Mutual Fund Series.
(e) Model Portfolio Fund Fee.There is an annual charge of 0.10% assessed against
daily average net Plan assets invested in the Trust's Model Portfolio Funds.
(f) Payment Procedures. All payments to RC pursuant to this Section 6 shall be
paid out of the Plan assets held by the Trust and shall be paid by the Trust. The
amount of Plan assets held in the Trust shall be adjusted by the Trust as
required to reflect such payments.
7. Custody
Employer understands that amounts invested in the Trust are to be remitted directly
to the Trust in accordance with instructions provided to Employer by RC and are not
to be remitted to RC. In the event that any check or wire transfer is incorrectly labeled
or transferred to RC, RC will return it to Employer with proper instructions.
Plan # 7695
Res. No.2000-105
S. Responsibility
RC shall not be responsible for any acts or omissions of any person other than RC in
connection with the administration or operation of the Plan.
9. Term
This Agreement may be terminated without penalty by either party 'on sixty days
advance notice in writing to the other.
10. Amendments and Adjustments
(a) This Agreement may not be amended except by written instrument signed by
the parties.
(b) The parties agree that compensation for services under this Agreement and
administrative and operational arrangements may be adjusted as follows:
RC may propose an adjustment by written notice to the Employer given at least 60
days before the effective date of the adjustment and the notice may appear in
disclosure documents such as Employer Bulletins and the Retirement Investment
Guide. Such adjustment shall become effective unless, within the 60 day period
before the effective date the Employer notifies RC in writing that it does not accept
such adjustment, in which event the parties will negotiate with respect to the
adjustment.
(c) No failure to exercise and no delay in exercising any right, remedy, power or
privilege hereunder shall operate as a waiver of such right, remedy, power or
privilege..
11 . Notices
All notices required to be delivered under Section 10 of this Agreement shall be
delivered personally or by registered or certified mail, postage prepaid, return receipt
requested, to (i) Legal Department, ICMA Retirement Corporation, 777 North Capitol
Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set
forth in the first paragraph hereof, or to any other address designated by the party to
receive the same by written notice similarly given.
12. Complete Agreement
This Agreement shall constitute the sole agreement between RC and Employer relating
Plan # 7695
Res. No.2000-106
to the object of this Agreement and correctly sets forth the complete rights, duties and
obligations of each party to the other as of its date. Any prior agreements, promises,
negotiations or representations, verbal or otherwise, not expressly set forth in this
Agreement are of no force and effect.
13. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the
State of California, applicable to contracts made in that jurisdiction without reference
to its conflicts of laws provisions.
In Witness Whereof, the parties hereto have executed this Agreement as of the
Inception Date first above written.
CITY OF HUNTINGTON BEACH
(BEACH EMPLOYEES)
by:
Signature/Date
r: T e rer-
Name and Title (Please Pri t)
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT
CORPORATION
Paul Gallagher
Corporate Secretary
Res. No.2000-105
r
E." H I B I T C
ICMA RETIREMENT CORPORATION
Res.No.2000-105
401 PLAN LOAN GUIDELINES
NAME OF PLAN: 0-Aj oar Q)tnch UeOed D
I. PURPOSE
The purpose of these guidelines is to establish the terms and conditions under which the Employer will grant loans
to participants. This is the only official Loan Program Document of the above named Plan.
11. ELIGIBILITY
Loans are available to all active employees. Loans will not be granted to participants who have an existing loan in
default.
Loans are available from the following sources: [select one or both]
❑ Employer Contribution Account (vested balances only)
Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory,
Employee Voluntary, Employer Rollover, and Portable Benefits Accounts, but excluding the Deduct-
ible Employee Contribution/Qualified Voluntary Employee Contribution Account)
Loans will be pro-rated among all the funds in which the participant is invested at the time the loan is made.
Loans are available for the following purposes: [select one]
1% All purposes
❑ Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a
participant to meet certain specified financial situations. The Employer shall determine, based on all
relevant facts and circumstances, that the amount of the loan is not in excess of the amount required to
relieve the financial need. For this purpose, financial need shall include, but shall not be limited to:
unreimbursed medical expenses of the participant or the participant's immediate family, establishing or
substantially rehabilitating the principal residence of the participant, or paying for a college education
(including graduate studies) for the participant or his/her dependents.
III. FREQUENCY OF LOANS
[select one]
❑ Participants may receive one loan per calendar year. Moreover, participants may have only one
outstanding loan at a time.
IR Participants may receive one loan per calendar year. Moreover, no participant may have more than
five (5) loans outstanding at one time.
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401 Loan Guidelines
Res. No.2000-106
IV. LOAN AMOUNT
The minimum loan amount is $1,000.
The maximum amount of all loans to the participant from the Plan and all other plans sponsored by the Employer
that are qualified employer plans under Section 72(p) (4) of the Code is the lesser of:
(1) $50,000, reduced by the excess (if any) of:
a. The highest outstanding balance of loans during the one-year period ending on
the day before the date a loan is to be made, over
b. The outstanding balance of loans on the date the loan is to be made; or
(2) 1/2 of the participant's vested account balance.
If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the
maximum amount calculated above reduced by the total of the outstanding loans.
A loan cannot be issued for more than the above amount_ The participant's requested loan amount is subject to
downward adjustment without notice due to changes in account balance between the time of application and the
time the loan is made.
V. LENGTH OF LOAN
A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period
that does not exceed five (5) years.
Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at least
monthly, over no more than 30 [state number of years] years (maximum 30 years)_
VI. LOAN REPAYMENT PROCESS
Loans for active employees must be repaid through payroll deduction. Repayment will begin as soon as practicable
on a date determined by the Employer's payroll cycle.
Loans outstanding for former employees who are allowed under Section X to maintain their loans or loans out-
standing for employees on a Ieave of absence must be repaid on the same schedule as if payroll deductions were still
being wade unless they reamortize their loans and establish a new repayment schedule which provides that substan-
tially equal payments are made at least monthly over the remaining period of the loan. All repayments must be
made through the Employer.
Loan payments, including loan payments from former employees, are allocated to the same investment options
designated on the 401 Enrollment Form or according to the most current 401 change form which specifies
contribution allocations.
The participant may pay off all or a portion of the principal interest early without penalty or additional fee. Extra
payments are applied forward to both principal and interest as specified in the original repayment schedule, unless
the additional payment is for the balance due.
. . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . .
. .
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ICMA RETIREMENT CORPORATION
Res. No.2000-105
VII. LOAN INTEREST RATE
The rate of interest for loans of five (5) years or less will be based on prime plus 0.5%-
The rate of interest for loans for a principal residence will be based on the FHA rate.
Interest rates are determined on the last business day of the month preceding the month the loan is disbursed. The
interest rate is locked in at the time a loan is approved and remains constant throughout the life of the loan.
The prime interest rate is determined on the last business day of each month using The Wall Street Journal as the
source. The FHA interest rate is also determined on the last business day of each month using a national rateline
service as the source.
Loan interest rates for new Ioans may fluctuate upward or downward monthly, depending on the movement of the
prime and FHA interest rates.
The Employer may modify the manner in which loan interest rates will be determined, but only with respect to
future loans.
Vill. LOAN APPLICATION PROCEDURE
All loans must be requested in writing on an application approved by the Plan Administrator. The application must
be signed by the participant. The Employer must review and approve the application.
If the participant is married at the time of application, and spousal consent is required by the Plan for the loan, the
participant's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representa-
tive or notary public. Such consent must be given within the ninety (90) day period before the time the loan is
made. Spousal consent, if required, must accompany the application in order for the application to be considered
complete.
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement which
includes an amortization schedule prior to receiving a loan check. Loan checks will generally be issued two busi-
ness days following the receipt of a complete loan application received through 12 noon Eastern Time. The loan
check, promissory note, disclosure statement and truth-in-lending recision notice will be sent to the Employer,
who will obtain the necessary signatures and deliver the check to the participant. All executed documents must be
returned to the Plan Administrator within 10 calendar days from the date the check is issued.
IX. SECURITY/COLLATERAL
That portion of a participant's vested account balance that is equal to the amount of the Ioan is used as collateral for
the loan. The collateral amount may not exceed 50 percent of the participant's vested account balance at the time
the loan is taken. Only that portion of the vested account balance that corresponds to the amount of the outstand-
ing loan balance is used as collateral.
four
401 Loan Guidelines
Res.No.2000-106
X. ACCELERATION
[select one]
0 All loans are due and payable in full upon separation from service.
❑ All loans are due and payable when a participant receives a distribution of all of his/her account
balance after separation from service. The amount of the outstanding loan balance will be reported as a
distribution in addition to the amount of cash distributed from the plan.
❑ All loans are due and payable when a participant receives a distribution of part of his/her account
balance after separation from service. The amount of the outstanding loan balance will reported as a
distribution in addition to the amount of cash distributed from the plan.
XI. REAMORTIZATION
Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length of
repayment period, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length
of the loan repayment period to more than five (5) years from the date the loan was originally made, or in the case
of a Ioan to secure a principal residence, beyond the number of years specified by the Employer in Section V
above.
A participant must request the reamortization of a loan in writing on a reamortization application acceptable to the
Plan Administrator. Spousal consent must accompany the request for reamortization when such consent is re-
quired by the Plan. Upon processing the request, a new disclosure statement will be sent to the Employer for
endorsement by the participant and approval by the Employer. The executed disclosure statement must be re-
turned to the Plan Administrator within 10 calendar days from the date it is signed. The new disclosure statement
is considered an amendment to the original promissory note, therefore a new promissory note will not be re-
quired.
A reamortization will not be considered a new loan for purposes of calculating the number of loans outstanding or
the one loan per calendar limit.
XII. REFINANCING EXISTING LOANS
If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstand-
ing loan, no loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing an
additional amount through a new loan.
In order to refinance an existing loan, a participant must request a new loan in writing on an application approved
by the Plan Administrator. Spousal consent must accompany the application when such consent is required by the
Plan. Such request must be made at a time when the participant is eligible to obtain a loan as defined by the
Employer in Section III above. The amount of a new loan requested for the purpose of refinancing is subject to
the loan limits specified in Section IV above.
Because refinancing is considered a new loan, only active employees may refinance an outstanding loan.
five
ICMA RETIREMENT CORPORATION
Res.No.2000-105
XII1. REDUCTION OF LOAN
If a participant dies and leaves an outstanding loan, the unpaid loan balance(s) will be repaid from the account
balance before any distributions are made to a beneficiary(ies). The unpaid loan amount is a taxable distribution and
may be subject to early withdrawal penalties. The participant's estate is responsible for taxes or penalties on the
unpaid loan amount, if any. The beneficiary is responsible for takes due on the amount he/she receives. A Form
1099-R will be issued to both the beneficiary and the estate for these purposes.
XIV. LOAN DEFAULT
If a required payment of principal and interest is not made within 90 days of the date such payment is due, the loan
is considered in default. If a loan is in default, the loan will be foreclosed during the calendar year in which the
participant separates from service. However, the IRS "deems" a default to be a distribution in the year the default
occurs. Therefore, the amount of the outstanding loan at the time of the default, including accrued interest, will be
reported to the IRS as a distribution in the year the default occurs even though the loan may not be foreclosed at
that time. The distribution may be subject to taxes and possibly a penalty for early withdrawal.
If a participant has separated from service and defaults on a loan, then the loan will be foreclosed during the
calendar year in which the default occurs. The amount of the outstanding loan, including accrued interest, will be
reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
If the Employer has elected in Section X and the promissory note so provides, a loan becomes due and payable
when the participant separates from service. If the terms of the loan contain this provision, the outstanding loan
amount is "deemed" in default as of the date of separation from, service, The amount of the outstanding loan,
including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly
a penalty for early withdrawal.
If the Employer has so elected in Section X and the promissory note so provides, a loan becomes due and payable
when the participant takes a distribution of some or all of the balance in his/her account after separation from
service. If the terms of the loans contain such a provision and the outstanding loan balance is not paid prior to the
distribution from the account, the outstanding loan amount will be considered in default upon issuance of the
distribution check. The amount of the outstanding loan, including accrued interest, will be reported to the IRS
as a distribution which may be subject to taxes and possibly a penalty for early withdrawal. Participants who have
an existing loan in default will not be eligible for additional loans.
XV. DE MINIMIS ACCOUNTS AND OUTSTANDING LOAN BALANCE
If a participant separates from service and the participant's total vested account balance, including the outstanding
loan balance, is $5,000 or less, the Plan will automatically foreclose the loan. The account balance remaining after
the loan has been satisfied will be disbursed in accordance with De Minimis provisions of Section 10.04 of the
Plan. If this occurs, the amount of the loan, including accrued interest, will be reported to the IRS as part of the
distribution, which may be subject to taxes and possibly a penalty for early withdrawal. Participants who have an
existing loan in default will not be eligible for additional loans.
XVI. FEES
Fees may be charged for various services associated with the application for and issuance of loans. All applicable fees
will be debited from the participant's account balance and/or from the participant's loan repayments prior to
crediting the repayment of principal and interest to the participant's account. A schedule of fees applicable to this
Plan is available from the Plan Administrator.
six
401 Loan Guidelines
Res.No.2000-105
XV11. OTHER
The Employer has the right to set other terms and conditions as it deems necessary for loans from the Plan in order
to comply with any legal requirements. All terms and conditions will be administered in a uniform and non--
discriminatory manner.
In Witness Whereof, the Employer hereby caused these Guidelines to be executed this day of
EMPLOYER ACCEPTED: ICMA RETIREMENT CORPORATION
BY: BY:
TITLE: ��"�u %ec�sur� TITLE:
ATTEST: ATTEST:
seven
Res.No.2000-105
EXHIBIT D
Res.No.2000-105
EXHIBIT "D"
DEPARTMENT HEAD PARTICIPATION
AUTHORIZATION LISTING
Partici ate
Department Head Yes No
Brockway, Connie x
Freidenrich, Shari X
Hutton, Gail x
Each of the above has a signed "Participation Declaration" on file in Personnel.
Res. No. 2000-105
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 6th
day of November, 2000 by the following vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
ABSTAIN: None
City Clerk and ex-officio &1erk of the
City Council of the City of
Huntington Beach, Califomia