CCR1994179COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #179-94
APPROVAL OF GROUP ANNUITY AMENDMENT NO. I1
(Lincoln National Money Purchase Pension Trust)
WHEREAS, the original contract between the City of Muskego and
Lincoln National provided an anti-assignment provision in
Paragraph 4.11 which keeps the plan assets out of the reach of
general creditors; and
WHEREAS, the Finance Committee has recommended Section 4.11 be
amended to allow division of benefits in accordance with orders
for marital property division, maintenance, or child support.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of Finance Committee,
does hereby approve Group Annuity Amendment No. I1 as attached.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
the execute said Group Annuity Amendment No. I1 as trustees of
the Plan.
0 DATED THIS 23RD DAY OF AUGUST , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #179-94 which was adopted by the Common Council of the
City of Muskego.
8/94 jmb
THE LINCOLN NATIONAL LIFE INSURANCE COWPANY
GIEOUP ANNUITY "FXl! NO. I1
Attached to and made part of Group Annuity Contract Number GA-3401-MP
Contract Bolder: The Trustees of the City of Muskego Money Purchase
Pension Trust
Muekego, Wisconsin
Effective Date of this amendment: January 1, 1994
IT IS =BY AGREED TEAT:
Subsection 4.11 of Article 4 is changed to read as follows:
Payment6 made only to Annuitants. (a) In General. No annuity benefit
payments due under this Contract may be anticipated, assigned (either at law
or in equity), alienated, or subject to attachment, garnishment, levy,
execution, or other legal or equitable process.
anti-alienation provisions set forth in subparagraph (a) above, a valid
(b) ExceDtion for Oualified Domestic Relations Orders. Notwithstanding the
court order which calls for payment of benefits under the Plan and this
Contract to a spouse, former spouse, child or other dependent of a
Participant for the provision of marital property, alimony or child
support pursuant to state domestic relation8 law shall be recognized
hereunder, but only if the order conetitutes a Qualified Domestic Relations
Order as defined in Section 414(p) of the Internal Revenue Code [26 U.S.C.
Section 414(p)] and Section 206(d) of the Employee Retirement Income
Security Act of 1974 as amended (ERISA) [29 U.S.C. Section 1056(d)] as
determined by the Contractholder in consultation with Lincoln National Life.
Lincoln Rational Life Insurance company by the Contract Bolder within 60
If this amendment is not accepted and returned to the Borne Office of The
days fram the date of signature for The Lincoln National Life Insurance
Company hereon, it will automatically be void frm its effective date.
Dated at Fort Wayne, Indiana thie 17th day of August, 1994
0
THE LINCOLN NATIONAL LIFB INSURANCB c0)IPANp
BY
Assistant Secretary
Accepted: The Trustees of the City of Muskego Money Purchase /
Pension Trust
(Contract Bolder)
Date BY ,4
Date ll-2s- 94 BY
Ci Clerk Jean K. Marenda - Form 27617