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HomeMy WebLinkAbout20050741.tiff RESOLUTION RE: APPROVE AMENDMENT TO 457 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 an Amendment to the 457 Plan between 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 Great West Life and Annuity Insurance Company, 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 the Amendment to the 457 Plan between 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 Great West Life and Annuity Insurance Company 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 lowing vote on the 7th day of February, A.D., 2005. �' ► E w BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MI I William . ierke, Chair M '• > if Clerk to the Board BY. 4/1/24-44 M. 'v de, Pro- m Deputy Clerk/to the/Board _ C(:)4, David E. Long APPROVE AS TO F EXCUSED Robert D. Masden ounty Attorn y EXCUSED /410-5— Glenn Vaad Date of signature: 2005-0741 PE0019 457 PLAN MANDATORY DISTRIBUTION AMENDMENT (Code Section 401(a)(31)(B)) COMPLETE BOTH SECTIONS A AND B BELOW Effective Date. The provisions of this amendment will apply with respect to distributions made on or after March 28, 2005. Precedence. This amendment will take precedence over any inconsistent provisions of the Plan. ADOPTION AGREEMENT PROVISIONS A. IN-SERVICE DE MINIMIS DISTRIBUTIONS. Check the appropriate box. Prior to severance from employment, the Employer: 1. [ ] shall distribute In-Service De Minimis account balances as defined below of$1,000 or less without the Participant's consent. 2. h] shall not distribute In-Service De Minimis account balances as defined below without Participant consent. 3. [ ] shall distribute In-Service De Minimis account balances as defined below of$5,000 or less without the Participant's consent. If this box is checked, the provisions of the Plan concerning mandatory distributions of amounts under $5,000 are amended as follows: In the event of a mandatory distribution greater than $1,000, the Plan is amended to provide that if the Participant does not elect to have such distribution paid directly to an "eligible retirement plan" specified by the Participant in a direct rollover or to receive the distribution directly, then the Administrator shall pay the distribution in a direct rollover to an individual retirement plan designated by the Administrator. De Minimis Distributions Defined. De minimis account balances are eligible for distributions based upon the election made above if (1) the portion of the total amount payable to the Participant under the Plan does not exceed an amount specified from time to time by the Plan Administrator(not in excess of$1,000 or less if Box One above is elected or not in excess of$5,000 or less if Box Three above is elected); cic,-OS= 091/4 (2) the Participant has not previously received an in-service distribution of the total amount payable to the Participant under the Plan; and (3) no amount has been deferred under the Plan with respect to the Participant during the two-year period ending on the date of the in-service distribution. B. MANDATORY DISTRIBUTIONS AT SEVERANCE FROM EMPLOYMENT. Check the appropriate box. Upon a Participant's severance from employme nt, the Employer: 1. [x] shall distribute vested account balances of$1,000 or less without the Participant's consent. 2. [ ] shall not make any distributions from a Participant's account without the Participant's consent. 3. [ ] shall distribute vested account balances of$5,000 or less without the Participant's consent. If this Box Three is checked,the provisions of the Plan concerning mandatory distributions of amounts under$5,000 are amended as follows: In the event of a mandatory distribution greater than $1,000, the Plan is amended to provide that if the Participant does not elect to have such distribution paid directly to an"eligible retirement plan" specified by the Participant in a direct rollover or to receive the distribution directly, then the Administrator shall pay the distribution in a direct rollover to an individual retirement plan designated by the Administrator. NameofPlan: Weld County Deferred Compensation Plan Employer Name: Weld County Authorized Signor: William H lerke Print Name Title: Chair, Roard of Weld County Conuiiccionars Date: March 7, 2005 Hello