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R2002-0090 06-10-02RESOLUTION NO. R2002-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH ICMA RETIREMENT CORPORATION AS THE ADMINISTRATOR OF THE CITY'S DEFERRED COMPENSATION PLAN TO ALLOW BOTH CURRENT AND FORMER EMPLOYEES TO ROLL ASSETS FROM OTHER ELIGIBLE RETIREMENT PLANS TO THE INDIVIDUAL'S PLAN ACCOUNTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract amendment by and between the City of Pearland and ICMA Retirement, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract amendment with ICMA Retirement Corporation. PASSED, APPROVED and ADOPTED this the ].0 dayof JUNE A.D., 2002. TOM REID MAYOR ATTEST: Y/~J NG~~ ~' SI~,6RETARY ~/ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY AMENDMENT This Amendment to the City of Pearland, TX, 457 Plan #304487 ("Plan") administered by the ICMA Retirement Cmlooration ("RC") is made and entered into effective dune 10 ,2002. WHEREAS, City of Pearland, TX ("Employer") has established the Plans for the benefit of its current and former employees, and the Plan was established effective November 20, 1997 ; WHEREAS, RC acts as Administrator for the Plan; WHEREAS, Section 14.01 of the plan docurnent for the Plan provides that the Plan may be amended at any time; and WHEREAS, the Employer desires to amend the Plan to permit both current and former employees to roll assets from other Eligible Retirement Plans to the individual' s Plan accounts; Now, therefore, the Plan is hereby amended as follows: FIRST Section 2.16 of the Plan is amended by adding the following ~ts the last sentence of that section: For purposes of Sections 6.09 and 6.10 of this Plan, the term "Employee" shall also include a former employee of the Employer. SECOND Section 6.09 of the Plan is amended by deleting the phrase "and become an Employee of the Employer" from subsection (a)(i). In all other respects, the Plan is hereby ratified and affirmed. IN WITNESS WHEREOF, and as evidence of its adoption of this AMENDMENT, the Employer has caused this document to be executed by its duly authorized officers, this 11 dayof dune ,2002. Witness~ Print Employel~/~~~_~ By: _ · Print Name: Bi 11 Ei sen Title: City Manager