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Resolution 12603CITY OF ALAMEDA RESOLUTION NO, 12603 ADOPTING THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) FOR PART-TIME EMPLOYEES WHEREAS, it is determined to be in the best interest of the City of Alameda ("CITY") and its employees to provide a Qualifying Retirement System to all employees not currently eligible for such a Qualifying Retirement System, thereby meeting the requirements of Section 11332 of the Omnibus Budget Reconciliation Act and Section 3121(b)(7)(F) of the Internal Revenue Code; and WHEREAS, the Public Agency Retirement System (PARS), a governmental plan, has made such a system available to the CITY and its eligible employees, and qualifies under California Government Code Section 53215 et seq. and Section 11332 of the 1990 Omnibus Budget Reconciliation Act (OBRA 90), and meets the meaning of the term "retirement system" as given by Section 218(b)(4) of the Federal Social Security Act.[42 U.S.C. 418(b)(4)] NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda does hereby adopt the PARS Trust, attached hereto as Exhibit A, including the PARS Alternate Retirement System (PARS), effective January 1, 1995, the effective date for the benefit of employees on that date and hired thereafter. BE IT FURTHER RESOLVED that the City Council hereby appoints the Finance Director of the City of Alameda, or the designee of the Finance Director, as CITY Administrator for PARS, and further authorizes her/him to implement the Plan. BE IT FURTHER RESOLVED that the CITY PARS Administrator is hereby authorized to execute the PARS Adoption Agreement on behalf of the CITY and to take whatever additional actions that are necessary to maintain the participation of the CITY in PARS and to maintain PARS compliance with Section 11332 of the Act and relevant regulations issued or as may be issued. ADOPTION AGREEMENT TO THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) AND TRUST AGREEMENT EMPLOYER: City of Alameda FEDERAL I.D. #: 94- 6000288 ADMINISTRATOR: Zenda James, Finance Director ADDRESS: 2263 Santa Clara Avenue, Room 310 Alameda, CA 94501 NAME OF PLAN: Public Agency Retirement System (PARS) City of Alameda EXHIBIT A INTRODUCTION This Adoption Agreement, the provisions of the Public Agency Retirement System (PARS), and the provisions of the PARS Trust of which this Agreement is a part, are hereby adopted by the Employer executed this Agreement for the benefit of Eligible Employees and their Beneficiaries. This Adoption Agreement is part of the adoption of a new Plan, as provided in Section 2.5 of the PARS Trust. Item 1: EFFECTIVE DATE EFFECTIVE DATE shall mean January 1, 1995. Item 2: ELIGIBLE EMPLOYEE A. ELIGIBLE EMPLOYEE shall mean only those Employees who, at any time during which the Employer maintains this Plan, are not accruing a benefit under Social Security or another Retirement System provided and maintained by the Employer which meets the minimum requirements of IRS Regulations of IRC Section 3121 (b)(7)(F). B. ELIGIBLE EMPLOYEE shall include all active employees until termination of employment inactive employees until their interest in the Plan is distributed. C. ELIGIBLE EMPLOYEE shall exclude all employees exempted under IRC Section 3121(b)(7)(F). D. ELIGIBLE EMPLOYEE shall include the following: Part-time, Seasonal, and Temporary Certified Faculty Employees. Item 3: ELIGIBILITY REQUIREMENTS A. SERVICE REQUIREMENT: An Employee who qualified as an ELIGIBLE EMPLOYEE under Item 2 above shall be eligible to participate immediately. B. EMPLOYMENT REQUIREMENT: An Employee who terminates employment during the Plan Year shall still be eligible to participate during such Plan Year. Item 4: COMPENSATION A. COMPENSATION shall mean all compensation, for the Plan Year paid or payable in cash by the Employer for personal services by the Eligible Employee. This definition of COMPENSATION shall be subject to the provisions of Article 1.05 of the Plan as well as the further provisions of this Item. B. If elected in this Item, the term COMPENSATION shall be defined as follows. (None, since not elected). W-2 Wages Yes No Base Salary Yes No CALIF. PERS Compensation Yes ----No CALIF. STRS Compensation Yes No Other Yes No Item 5: NORMAL RETIREMENT AGE NORMAL RETIREMENT AGE shall mean sixty (60) years of age. Item 6: NORMAL RETIREMENT DATE NORMAL RETIREMENT DATE shall mean the first of the month coincident with or next following the date on which the Participate attains NORMAL RETIREMENT AGE. Item 7: DEATH AND TOTAL DISABILITY PROVISION A Participant's Vesting and distribution rights on the date of his death or "Permanent and Total Disability" will be the same as the Vesting and distribution rights applicable on the date of his attainment of Normal Retirement Age. Item 8: ALLOCATION AND AMOUNT OF CONTRIBUTIONS A. The Employer shall make Employer Contributions in the amount of 1.5% of each Participant's Compensation. Employer Contributions shall be forwarded to the Trustee to be allocated to each Participant's Employer Contribution Account. B. Each Participant shall make Employee contributions in the amount of 6.0% of his Compensation. Employee Contributions shall be forwarded to the Trustee to be allocated to the Participant's Employee Contribution Account. Employee contributions will be "before tax" due to the employer's adoption of IRC Section 414(h) "employer pickup" in the Plan Document. C. All Plan expenses shall be paid out of Plan assets, and shall be allocated as follows: 100% to the Employer Contribution Accounts, and 0% to the Employee Contribution Accounts. D. A Participant shall not be permitted to direct the investment of his Employer Contribution Account or his Employee Contribution Account. Item 9: INVESTMENT OF ASSETS Investment of Trust assets shall be governed by the following provisions as indicated by the initials of the Administrator: A. Yes No Pursuant to Section 4.1(a)(2) of the Trust, the Administrator hereby appoints the Trustee as the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. B. Yes No Pursuant to Section 4.1(a)(2) of the Trust, and subject to the acceptance of the Trustee, the Administrator hereby appoints Bank of California as the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. The following statement of investment policy shall govern the investment of the Trust assets, subject to the acceptance of such assets by the Trustee: (None, since paragraph does not apply) C. Yes No_ a Pursuant to Section 4.1(a)(2) of the Trust, the Administrator shall remain the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. The following statement of investment policy shall govern the investment of the Trust assets, subject to the acceptance of such assets by the Trustee: (None, since paragraph does not apply) Item 10: VALUATION DATE VALUATION DATE shall mean the date as of which a valuation is completed. Valuations are done at least monthly and more frequently, at the discretion of the Trustee. Item 11: METHOD OF FUNDING The Plan shall be funded as provided under Section 4.1 of the PARS Plan Document. Item 12: VESTING A. The Participant's Employee Contribution Account shall be 100% Vested at all times. The Participant's Employer Contribution Account shall be 100% Vested at Normal Retirement Age, Total Disability or Death. However, notwithstanding anything to the contrary in this Plan, the Participant shall be Vested in his Employer Contribution Account to such a degree and at such time as to meet the minimum requirements for a retirement system under Section 3121(b)(7)(F) of the Code. B. Yes No Years of Service with the Employer completed before the Employer maintained this Plan shall be counted to determine the nonforfeitable percentage in such Employee's benefit from Employer Contributions. C. Yes ? No Years of Service completed prior to termination of employment shall not be credited to an Employee who terminates employment before satisfying the eligibility requirements in Item 3 of the Adoption Agreement. D. For Vesting purposes, a Participant will be credited with a Year of Participation or Service only if he or she completes at least one Hour of Service during the computation period. E. Benefits shall be vested in accordance with the following: Yes No A participant transferring to an eligible retirement plan with the same employer shall be 100% vested. Yes No_ The schedule shown below shall be used: (None, since schedule not used) Years of Service Completed Percent Vested Item 13: PLAN YEAR The PLAN YEAR shall be the period of twelve (12) consecutive months commencing on July 1, and ending on June 30. Item 14: MISCELLANEOUS This Adoption Agreement shall be used only in conjunction with the Public Agency Retirement System (PARS) and the PARS Trust. Executive this day of , 1994, at , California. Signature of Plan Administrator Title Approved as to Form: Carol A. Korade City Attorney I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 20th day of December , 1994, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of December , 1994. Dian B. Felsch, City Clerk City of Alameda