HomeMy WebLinkAbout20110156.tiff RESOLUTION
RE: APPROVE AMENDMENT #1 TO THE WELD COUNTY DEFERRED COMPENSATION
PLAN AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #1 to the Weld County
Deferred Compensation Plan for the County of Weld, Colorado, State of Colorado, by and the
through the Board of County Commissioners of Weld County, on behalf of the Department of
Finance and Administration, with terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Amendment #1 to the Weld County Deferred Compensation Plan
for the County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Department of Finance and Administration, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY��DO
ATTES • ems(
fj'. arbara Kirkmeyer, Chair /
Weld County Clerk tot Bo e} Eft*4l
l 1861 t O("iv �• \
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Sean P. o ay, Pro-Tem
BY: /
Deputy Clerk to the BZ / I f 4r
� Willipp F. Garcia ciNj vid -
E. Long
o� fit
yry Attorney �� ) a� c a ,r-
Douglas Rademacher,
Date of signature o'c'
I ori1 4O YVlcnaCam. el, itueu V. CC, FL , I-IR 2011-0156
U ti 1- 35 l l PE0030
AMENDMENT NO. 1
DEFERRED COMPENSATION PLAN OF THE COUNTY OF WELD, STATE OF COLORADO
The Plan named above gives the Employer the right to amend it at any time. According to
that right, the Plan is amended effective January 1, 2011, as follows:
By striking the list of Contributions from the definition of Account in the DEFINITIONS
SECTION of Article I and substituting the following:
(a) Pre-tax Salary Deferral Contributions
(b) Roth Salary Deferral Contributions
(c) Transfer Contributions
(d) Rollover Contributions
By adding the following paragraph to the definition of Eligible Retirement Plan in the
DEFINITIONS SECTION of Article I:
If any portion of an Eligible Rollover Distribution is attributable to payments or
distributions from a designated Roth account, an Eligible Retirement Plan with respect
to such portion shall include only (i) another designated Roth account of the individual
from whose Account the payments or distributions were made under an annuity plan
described in Code Section 403(a), a qualified plan described in Code Section 401(a),
or an eligible deferred compensation plan (as defined in section 457(b) of the
regulations) of an eligible employer described in Code Section 457(e)(1)(A); (ii) another
designated Roth account of such individual under an annuity contract described in
Code Section 403(b); or (iii) a Roth IRA described in Code Section 408A of such
individual.
By adding the following paragraphs to the definition of Eligible Rollover Distribution in the
DEFINITIONS SECTION of Article I:
A portion of a distribution shall not fail to be an Eligible Rollover Distribution merely
because the portion consists of the portion of a designated Roth account that is not
includible in a Participant's gross income. However such portion may be transferred
only to a Roth IRA described in Code Section 408A or to a designated Roth account
under another plan that agrees to separately account for amounts so transferred,
including separately accounting for the portion of such distribution which is includible
in gross income and the portion of such distribution which is not so includible.
If the distribution includes any portion of a designated Roth account, in determining if
(v) above applies: (i) any portion of the distribution from the designated Roth account
shall not be treated as an Eligible Rollover Distribution if it is reasonably expected to
total less than $200 during a year and (ii) the balance of the distribution, if any, shall
not be treated as an Eligible Rollover Distribution if it is reasonably expected to total
less than $200 during a year. In addition, a designated Roth account and all other
accounts under the Plan shall be treated as accounts held under two separate plans
and shall not be combined in determining a mandatory distribution of an Eligible
Rollover Distribution greater than $1,000 in the DIRECT ROLLOVERS SECTION of
Article X.
Amendment No. 1 1 (4-55782)
2011-0156
By striking the definition of Normal Retirement Age from the DEFINITIONS SECTION of
Article I and substituting the following:
Normal Retirement Age means age 65.
By adding the following definitions to the DEFINITIONS SECTION of Article I:
Pre-tax Salary Deferral Contributions means a Participant's Salary Deferral
Contributions that are not includible in the Participant's gross income at the time
deferred.
Roth Salary Deferral Contributions means a Participant's Salary Deferral Contributions
that are not excludible from the Participant's gross income at the time deferred and
have been irrevocably designated as Roth Salary Deferral Contributions by the
Participant in his salary deferral agreement.
By adding the following to the end of the definition of Salary Deferral Contributions in the
DEFINITIONS SECTION of Article I:
Salary Deferral Contributions means Pre-tax Salary Deferral Contributions and Roth
Salary Deferral Contributions, unless the context clearly indicates only one is meant.
By adding the following as the second paragraph to subparagraph (a)(1) in the EMPLOYER
CONTRIBUTIONS SECTION of Article III:
A Participant may elect to designate all or any portion of his future Salary Deferral
Contributions as Roth Salary Deferral Contributions.
By striking subparagraph (a) in the ROLLOVER CONTRIBUTIONS SECTION of Article III and
substituting the following:
(a) The Contribution is a Participant's Rollover Contribution or a direct rollover of a
distribution made after December 31, 2001 from the types of plans specified below.
Direct Rollovers. The Plan will accept a direct rollover of an Eligible Rollover
Distribution from (i) a qualified plan described in Code Section 401(a) or 403(a),
excluding after-tax employee contributions and including any portion of a designated
Roth account; (ii) an annuity contract described in Code Section 403(b), excluding
after-tax employee contributions and including any portion of a designated Roth
account; and (iii) an eligible plan under Code Section 457(b) which is maintained by a
state, political subdivision of a state, or any agency or instrumentality of a state or
political subdivision of a state, including any portion of a designated Roth account.
Amendment No. 1 2 (4.55782)
Participant's Rollover Contributions from Other Plans. The Plan will accept a
Participant contribution of an Eligible Rollover Distribution from (i) a qualified plan
described in Code Section 401(a) or 403(a), including distributions of a designated
Roth account only to the extent such amount would otherwise be includible in a
Participant's gross income; (ii) an annuity contract described in Code Section 403(b),
including distributions of a designated Roth account only to the extent such amount
would otherwise be includible in a Participant's gross income; and (iii) an eligible plan
under Code Section 457(b) which is maintained by a state, political subdivision of a
state, or any agency or instrumentality of a state or political subdivision of a state,
including any portion of a designated Roth account.
Participant's Rollover Contributions from IRAs. The Plan will accept a Participant
Rollover Contribution of the portion of a distribution from an individual retirement
account or individual retirement annuity described in Code Section 408(a) or (b) that
is eligible to be rolled over and would otherwise be includible in the Participant's
gross income.
In the case of an Inactive Participant, the Contribution must be of an amount
distributed from another plan of the Employer.
By striking the last paragraph of the ROLLOVER CONTRIBUTIONS SECTION of Article III and
substituting the following:
Rollover Contributions made by an Eligible Employee or Inactive Participant shall be
credited to his Account. Rollover Contributions are 100% vested when made. A
separate accounting record shall be maintained for that part of his Rollover
Contributions consisting of amounts that were not distributed from an eligible plan
under Code Section 457(b) and any portion of a designated Roth account, including
the portion that would not have been includible in the Participant's gross income if
the contributions were not rolled over into this Plan.
By striking the third paragraph from the DISTRIBUTIONS UNDER QUALIFIED DOMESTIC
RELATIONS ORDERS in Article V and substituting the following:
The benefit payable to an Alternate Payee shall be subject to the provisions of the
SMALL AMOUNTS SECTION of Article X if the value of the benefit does not exceed
$5,000.
This amendment is made an integral part of the aforesaid Plan and is controlling over the
terms of said Plan with respect to the particular items addressed expressly herein. All other
provisions of the Plan remain unchanged and controlling.
Unless otherwise stated on any page of this amendment, eligibility for benefits and the
amount of any benefits payable to or on behalf of an individual who is an Inactive
Participant on the effective date(s) stated above, shall be determined according to the
provisions of the aforesaid Plan as in effect on the day before he became an Inactive
Participant.
Amendment No. 1 3 (4-55782)
Signing this amendment, the Employer, as plan sponsor, has made the decision to adopt
this plan amendment. The Employer is acting in reliance on its own discretion and on the
legal and tax advice of its own advisors, and not that of any member of the Principal
Financial Group or any representative of a member company of the Principal Financial
Group.
Signed this 10th day of January 2011
COUNTY OF WELD, STATE OF COLORADO
B �/v
Barbara Kirkmeyer, Chair
Title
JAN 1 0 2011
Amendment No. 1 4 (4-55782)
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