CCR1982174RESOLUTION 1174-82
RESOLUTION CONFIRMING THE CITY OF MUSKEG0
EMPLOYEE DEFERRED COMPENSATION PLAN
WHEREAS, Section 457 of the Internal Revenue Code
authorizes municipalities to establish deferred
compensation plans for employees who choose to
defer income, and
WHEREAS, certain tax benefits can accrue to employees
participating in a deferred compensation plan, and
WHEREAS, the City of Muskego desires to establish a
deferred compensation plan for the benefit of its
employees who choose to participate in such plans,
and
WHEREAS, the City of Muskego has established a master
agreement for a deferred compensation plan,
THEREFORE, BE IT RESOLVED that the Cormon Council
upon the recommendation of the Finance Committee,
does hereby establish and adopt a deferred compen-
sation plan for employees who choose to defer income.
BE IT FURTHER RESOLVED that the Mayor and Clerk are
authorized to execute the attached agreement for the
City of Muskego Employee Deferrfidsompensation Plan.
DATED THIS { 4 DAY OF , 1982.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penovich
ATTEST :
City Clerk
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CITY OF MUSKEGO EMPLOYEE DEFERRED COMPENSATION PLAN
ARTICLE I - DEFINITIONS
@ 1.01
1.02
1.03
1.Oh
1.05
1.07
ality of the State, or a tax-exempt rural electric cooperative and its tax-
"Ehployer" means the State or a political subdivision, agency or instrument-
exempt affiliates who adopt this plan.
I,
Employer who performs personal service for the Ehployer, including service
as an independent contractor.
contracts and certificates issued under the Plan.
"Ovner" means the Employer. The Employer is the owner of the individual
EDIployee" means any officer, full-time employee or elected official of the
I,
Equitable. Individual Participants under the Plan must designate to the
Employer a person to receive pension, annuity, death or other benefits under
provisions of the Plan from the Employer.
Beneficiary" means the Employer and benefits are paid to the Employer by
11 Administrator" means Ehployer or its duly authorized designee for that
purpose who shall exercise the discretion or other mctions given to the
Employer under the terms of the Plan.
11
services rendered, without deduction for any portion thereof deferred under
the provisions of this Plan or for any amounts contributed to a tax-deferred
annuity plan pursuant to Section 403 (b) of the Internal Revenue Code.
"Deferred Compensation" means that portion of an !hployee's Compensation which
the Ehployee has elected to defer in accordance with the provisions of the Plan,
subject to the folloving limitations:
(a) The maximum amount that may be deferred under the Plan for the taxable
Compensation" means all wages or salaries to be paid to an Employee for
year of a Participant shall not exceed the lesser of (1) $7,500 or
(2) 33-1/35 of the Participant's includible Compensation.
(b) For one or more of a Participant's last three taxable years ending prior
to a Participant's retirement, the maxim amount that may be deferred
under the Plan shall be the lesser of (1) $15,000 or (2) the sum of the
which has not been utilized by the Participant in his previous taxable
limitation in (a) above and the amount of the limitation in (a) above
years.
(c) For any individuals who are participants in more than one plan established
under Section b57 of the Internal Revenue Code, the maximum amount of com-
pensation deferred I'or all such plans during any taxable year shall not
exceed $7,500 (as modified by adjustments provided under (b) above).
! CITY OF MUSKEG0 EMPLOYEE DEFERRED COMPENSATION PLAN Page 2
(dl For any Participants who exclude income pursuant to Section 403 (b) of
the Internal Revenue Code, the amounts excluded in taxable years under
Section 403 (b) shall be treated as amounts deferred for purposes of
above for any taxable year shall be deemed to be included in computing
(a), (b) and (c) above; and any amounts deferred under (a), (b) and (c)
the amounts referred to in Section 403 (b) (2) (A) (11) of the Internal
Revenue Code.
1.08 "Includible Compensation" means the Compensation of an Bnployee which is
currently includible in gross income, determined by taking into account
exclusions permitted under Sections 403 (b) and b57 of the Internal Revenue
Code.
I 1.09 "Participant" means any Dnployee who voluntarily elects to participate in this
Plan by filing a duly executed Participation Agreement with the Employer.
1.10 "Participation Agreement" means the contract by which the Dnployee and the
Employer agree that an amount of the Employee's Compensation will be deferred
in accordance with the provisions of the Plan.
I 1.11 "Equitable" means the Equitable Life Assurance Society of the United States.
1.12 "Plan" means the Deferred Compensation Plan of the Bnployer, as set forth
herein and as it may from time to time be amended, which plan is intended
to meet the applicable requirements of Section 457 of the Internal Revenue Code.
ARTICLE 11 - OPERATION OF PLAN
2.01 Participation - An hployee may elect to become a Participant in the Plan
and to defer payment of part of his Compensation by executing a written
Participation Agreement and filing it with the hployer.
2.02 Deferred Compensation - Employer and Participant mutually acknowledge that
the Compensation of each Employee is as set forth in the annual salary
amount of funds deferred under the terms of this Plan or set aside under
ordinances of the hployer and that said Compensation includes the dollar
any Code Section 403 (b) tax-deferred annuity plan. Employee Compensation
shall be paid as provided except that during each employment year in which
the Employee is a Participant in the Plan, that portion of his Compensation
which is specified by the Employee in the Participation Agreement shall be
deferred, invested and distributed in accordance with the provisions of the
Plan.
2.03 Investment of the Deferred Amount - The amounts deferred in accordance with
Section 2.02 shall be invested in either an annuity contract or life annuity
contract or life insurance contract or combination of the two, offered by
Equitable. The Employee shall state his investment preference at time of
enrollment in the Plan and with the bployer's agreement may change the
investment mix from time to time subject to Equitable's underwriting rules
then in effect.
CITY OF MUSICEGO EMPLOYEE DEFERRED COMPENSATION PLAN Page 3
2.04 Ownership of Deferred Amounts - The Employer shall own and maintain the
method of setting aside sufficient of its assets to meet its future obliga-
amounts deferred in accordance with Section 2.02 to provide a convenient
tions under this Plan. The Rnployer shall at all times be the legal and
beneficial owner of all such deferred amounts, ixluding the income thereof
any investment fund attributable to amounts deferred under the Plan or the
and any increments thereon, and neither the existence of the Plan nor of
maintenance of any Accounts intended to measure Participants interests in
the investment fund shall be deemed to create a trust or limit use by the
Employer of the funds therein for general Faployer purposes. The obligation
of the Employer to make payments pursuant to this Plan is contractual only
and no Participant or Beneficiary shall have a preferred claim or lien on or
to the assets of any investment fund or Account therein, but shall have only
Assets of the Plan will be subJect to creditors of the Employer. Interests
the right to receive the benefits payable under the Plan from the Employer.
of a Participant in the Investment fllnd who changes employment may, under
certain prescribed conditions, be transferred to an eligible plan of a new
Employer.
ARTICLE I11 - ADMINISTRATION AND ACCOUNTING
3.01
e 3.02
3.03
3.04
e-
Administration by Rnployer - This Plan shall be administered by the Bnployer,
which shall prescribe such forms and adopt such rules and regulations as are
necessary to carry out the purposes of the Plan.
Election to Participate - An Bnployee's election to participate in this Plan
shall be made by filing a duly executed Participation Agreement with the
Employer, and not otherwise.
Enrollment Periods
(a) When the Plan is made available, existing Employees may elect to partici-
pate in the Plan. Such election shall be effective at the next payroll date.
(b) Any person who becomes an Employee after this Plan is first made available
shall have the option to elect to participate in the Plan. Such election
shall be effective at the next payroll date.
Contents of Participation Agreement - The Participation Agreement shall be
filed with the &@oyer and Equitable and shall contain, among other provisions. - the following:
(a) A provision whereby the Participant specifies that portion of his
Compensation which is to be deferred.
(b) A provision whereby the Participant shall indicate his investment
preference.
(c) A provision vhereby the Participant shall designate a aeneficiary or
Beneficiaries, including one or more contingent Beneficiaries, to
receive any benefits which nay be 2ayaSle umier this ?Len on death of
the Pa.tici9ar.t.
3.05 Termination of Participation - A Participant may revoke his election to
participate in the Plan by signing and filing with the Employer and Equitable
a written revocation of participation.
3.06 Amendment of Particiuation Apreement - A Participant may change the amount
of Compensation be deferred under the Plan or may amend his statement of invest-
ment preference by filing with the Employer and Equitable a signed amendment on
a form approved by the Fqloyer and Equitable. Such amendment will, unless
specifically stated othervise, apply only to future amounts deferred under the e
Plan. If a Participant requests that amounts then held in a Participant's
Account also be invested in accordance with an amended investment preference,
the Enployer may, if it deems it in the best interest of the Participant to do e
so, approve such change. If the change involves an increase in the amount of
will be subject to Equitable's undervriting rules then in effect.
life insurance on a Participant's life, acceptance by Equitable of the increase
3.07 Particiuant Accounts - A separate certificate or contract shall be maintained
for each Participant. For convenience, and to facilitate an orderly adminis-
will be maintained by the Employer showing the Participant's name. me Partici-
tration of the Plan, individual certificates or contracts for all Participants
pant's deferred Account shall be credited each pay period with the amount de-
ferred from the preceding pay period on the day received by Equitable. A written
report of the status of the Participant's Account shall be furnished to Partici-
pants at least annually by Equitable through the Rnployer. All interest, divi-
Participant's Account shall be credited or debited to the Account as they occur.
dents, charges for premiums, capital, or market changes applicable to each
Credits to the Participant's Account shall be subject to the investment prefer-
ence then in effect. e
ARTICLE N - BENEFITS
4.01 The Participant is entitled to have paid to him the benefits created by his
participation in this Plan in accordance vith the provisions of this Article. Bene-
fits paid to a Participant shall be reported to a Participant as wages subject to
vithholding for federal income taxes and reportable on Form W-2.
(a) Normal Retirement - Upon the Participant's attaining the normal retire-
ment age, he may retire and receive the benefits provided under this Plan.
Such benefits shall be paid in accordance with the payment options described
below.
(b) Termination of bplopnent - If the Participant terminates his employment
with the Employer, benefits may be taken in a lump sum or deferred until
the normal retirement date.
(c) Death - If the Participant dies vhile employed with the Employer and
before retirement or the comencenent of termination of service benefits
under this Plan, the benefits otherwise payable under this Plan shall be
paid in a lump sum to his designated Beneficiary.
If the Participant dies vhile benefits are being paid to him under this
Plan, and before such benefits have been exhausted, then benefit payments
vi11 continue only in accordance vith any slu-vivorship option selected by
the Participant ir! as~'r?.%~.~t? vith subsect13r. (d) below.
' CITY OF MUSKEG0 EMPLOYEE DEFERRED COMPENSATION PLAN
Designation of Beneficiary
The Participant has the right to name and file with the Employer a
person or persons who shall receive the benefits payable under this
written Beneficiary or change of Beneficiary form, designating the
purpose shall be provided by the kployer. It is not binding on the
Plan in the event of the Participant's death. The form for this
&ployer until it is signed, filed with the Employer by the Partici-
pant, and accepted by the kployer. If the Participant dies without
Beneficiary predeceased him, any death benefits shall be paid to the
having a Beneficiary form on file, or if a Participant's designated
vive, then to the Participant's executors or administrators. The
Participant's surviving children in equal shares or, should none sur-
Participant accepts and acknowledges that he has the burden for exe-
cuting and filing with the Rnployer a proper Beneficiary designation form.
(d) Benefit Options - The following options are available for selection by
Participant. If, at the normal retirement date the Participant fails to
benefits payable (I) if the Participant then has a living spouse, under
select a payment option, he shall be deemed to have elected to have the
the Joint and Surviwr Life Annuity form with the Participant's spouse
as the contingent annuitant (100% continuation), or (11) if the Partici-
pant then does not have a living spouse, under the Life Annuity form.
The participant may select the following benefit options:
Joint and Survivor Life Annuity - The term "Joint and Survivor Life
Annuity" means an annuity providing monthly payments while either of the
two persons upon whose lives such payments depend is living. The monthly
amount to be continued when only one of the persons is living will be
were living. This percentage may be 50% or any higher percentage up to
equal to a percentage of the monthly amount that was paid while both
and including 100% as elected by the Participant. The payments commence
ment due before the death of the survivor.
as of the Participant's retirement date and terminate with the last pay-
Joint and Survivor Ten Years Certain Annuity - The term "Joint and Sur-
vivor Ten Years Certain Annuity" means an annuity urovidiw monthly Pay-
ments while either of two persbns upon whose lives-such payments depend
ten years. The monthly amount to be continued when only one of the per-
is living, with a guarantee that installments will be paid for at least
sons is living will be equal to a percentage of the monthly amount that
was paid while both were living. This percentage may be 50% or any higher
percentage up to and including,lOO%, as elected by the Participant. If
the joint annuitants do not live for the ten year certain period, the
remaining payments will be made to their beneficiaries. The payments
comence as of the Participant's retirement and terminate with the last
payment due before the death of the survivor.
- "_
CITY OF MUSICEGO EMPLOYEE DEFERRED COMPENSATION PLAN Page 6
Life Annuity - The term "Life Annuity" means an annuity providing
monthly payments only during the lifetime of the person upon whose life
such payments depend. The payments commence as of the Participant's
retirement date and terminate with the last payment due before the
death of such person.
by Equitable at the time an event occurs causing payment of benefits to
Equitable will also make available any other settlement options offered
begin.
4.02 Financial 3ardshig - Notwithstanding any other provisions herein, for "fin-
ancial hardship" a Participant may apply to the Employer to withdraw, in
whole or in part, benefits from the Plan prior to retirement or any other
termination of his employment with the bployer. Benefits to be paid upon
any withdrawal shall be limited strictly to that mount necessary to meet
benefits shall be paid upon retirement, termination of employment, or death
the emergency situation constituting financial hardship. Any remaining
in accordance with Section 4.01 above. Withdrawal for "financial hardship"
which would cause him great hardship if early withdrawal were not permitted.
shall be ligited to real emergencies beyond the control of the Participant
"Financial hardship" shall include the folloving: Impending personal bank-
accident of the Participant or any dependent thereof; major property loss or
ruptcy; unexpected and unreimbursed major expenses resulting from illness or
any other type of unexpected and unreimbursed personal expense expenditures of
a major nature that would be normally budgetable, such as a down payment for
a home, the purchase of an automobile, college or other schooling expenses,
etc., will not constitute a "financial hardship". The decision of the Ehployer
concerning "financial hardship" shall be final as to all Participants. Not-
cumstances as may be prescribed by the Secretaly of the Treasury by regdation
pursuant to the authority contained in Section 457(b)(5) of the Internal Reve-
nue Code.
withstanding the foregoing, "financial hardship" shall be limited to such cir-
ARTICLE V - MISC-US
' 5.01 Retirement System Integration - Benefits payable by, and deductions for
bployee contributions to, any retirement system of the Fmployer shall be
computed without reference to amounts deferred pursuant to this Plan and
shall instead be based upon gross Compensation the Participant would receive
if such Participants had not elected to participate in this Plan and to defer
Compensation.
5.02 Amendment and Termination - This Plan may be amended or terminated by the
Employer at any time. No amendment or termination of the Plan shall reduce
or impair the rights of any Participant or his Beneficiary which have already
accrued. Upon the termination of the Plan, the Fhployer shall distribute all
amounts credited to each Participant's Account in accordance with the Pertici-
pant's payment option selected. All Participants shall be treated in the same
manner.
5.03
@ 5.04
5.05
5.06
Creditors - A Participant mey not assign, transfer, Sell, hypothecate, or
otherwise dispose of any or all of his interest or right vhich he may have
under the Plan, and any attempt to do so shall be void.
bloyment - Participetfon in the Plan shall not be construed as giving any
right to continue his employment with the Ehployer.
Successors and AssiKns - The Plan shall be binding upon and shall inure to
the benefit of the Employer, its successors and assigns, all Participants and
Beneficiaries and their heirs and legal representatives.
Written Notice - Any notice or other communication required or permitted
under the Plan shall be in writing, and if directed to the Employer shall be
sent to the designated offlce of the Employer and, if directed to a Partici-
pant or to a Beneficiary, shall be sent to such Participant or Beneficiary
at his last hoVn address as it appears on the Employer's records.
5.07 Total Anreement - This Plan and the Participation Agreement, and an)' sub-
sequently adopted amendment thereof, shall constitute the total agreement or
contract between the hployer and the Participant regarding the Plan. No oral
statement regarding the Plan may be relied upon by the Participant.
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