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HomeMy WebLinkAbout5609 ORDINANCE NO. Q 2 º ª AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ANNOUNCING ITS INTENTION TO INLCUDE A NUMBER OF NEW PROVISIONS IN THE CITY'S DEFERRED COMPENSATION PLAN DOCUMENT, ADOPTED UNDER ORDINANCE NO. 3644, AS AMENDED, TO BE REWRITTEN OR AMENDED AND APPROVED NO LATER THAN DECEMBER 31,2002 WHEREAS, Auburn City Council, at its regular meeting of June 15, 1981, adopted Ordinance 3644 which adopted a deferred compensation plan for the City of Auburn; and WHEREAS, the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001 has provided a number of enhancements to Section 457 of the Internal Revenue Code; and WHEREAS, these enhancements, if adopted, are beneficial to the City of Auburn; and WHEREAS, adoption of these enhancements makes it necessary to restate the Plan under Section 457 of the Internal Revenue Code; and WHEREAS, these enhancements become effective and should be made available to employees on January 1, 2002; and WHEREAS, the deferred compensation providers must be prepared to provide to City of Auburn customers, on January 1, 2002, the enhancements the City of Auburn chooses to include in its deferred compensation plan; and Ordinance 5609 November, 13,2001 Page 1 of 5 WHEREAS, the City of Auburn needs to let its providers know the City's intentions, so they will have lead time to implement those intentions; and WHEREAS, guidance from the federal government and its agencies continues to be forthcoming, and the formal plan language does not have to be completed until December 31,2002, and the specific wording of the plan should be reviewed by appropriate legal counsel for proper wording, prior to acceptance as an ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DOES ORDAIN AS FOLLOWS: Section 1. Purpose: The purpose of this Ordinance is to define the City of Auburn intention to include the following enhancements to its deferred compensation plan under Section 457 of the Internal Revenue Code: 1. Permit maximum regular deferral limit in accordance with EGTRRA provisions. 2. Allow eligible contributors who turn age 50 or over during the calendar year to contribute an additional amount, above the maximum as stated in the provisions of #1 above, into the plan for all years except during the three years prior to normal retirement age while they are utilizing the regular Section 457 catch up provision, in accordance with EGTRRA provisions. Ordinance 5609 November, 13,2001 Page 2 of 5 3. Permit plan assets to remain tax deferred until actually distributed from the plan, treat all current irrevocable elections as null and void, and allow non-spouse beneficiaries to take distributions over his/her life expectancy rather than 15 years, in accordance with EGTRRA provisions. 4. Allow 457 plan participants to request a trustee-to-trustee transfer of assets from their 457 accounts to a government defined benefit plan for the purchase of permissible service credit, in accordance with EGTRRA provisions. 5. Permit the plan to accept rollover contributions, at any time, from other types of employer-sponsored plans, including 401 (a), 401 (k), and 403(b) plans and IRAs, in accordance with EGTRRA provisions. 6. Permit the plan to accept qualified domestic relations orders pursuant to amended IRC section 414(p)(11) to transfer all or a portion of the participant's account to the alternate payee pursuant to divorce and allow for immediate payments to alternate payees and tax report such distributions to former spouse alternate payees, in accordance with EGTRRA provisions. Section 2. Constitutionalitv or Invaliditv: If any section, subsection, clause, phrase, or sentence of this Ordinance is, for any reason, held to be Ordinance 5609 November, 13,2001 Page 3 of 5 invalid or unconstitutional, the remaining portions of this ordinance shall remain in force and effect. Section 3. Implementation: The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date: This Ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. INTRODUCED: November 19, 2001 PASSED: November 19, 2001 APPROVED: November 19, 2001 Q~~~q\ lác~ CHARLES A. BOOTH MAYOR Ordinance 5609 November, 13, 2001 Page 4 of 5 AT.T. EST: . \ 1 (J 1 Á~!d~ Óanielle E. Daskam, City Clerk ~~FORM: /Michael J. Reynolds, City Attorney Published: / / Ie; 5/0 I ( l Ordinance 5609 November, 13, 2001 Page 5 of 5