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HomeMy WebLinkAbout890253.tiff RESOLUTION RE : APPROVAL OF AMENDMENT TO THE WELD COUNTY 401 (K) PLAN AND AUTHORIZE CHAIRMAN 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 of County Commissioners of Weld County approved a 401 (K) Savings Plan on October 29 , 1984 , to be effective January 1 , 1985 , and WHEREAS , a change is required to comply with the Tax Reform Act of 1986 by adoption of Model Amendment No . 1 , pursuant to I .R.S . Notice 88-131 , and WHEREAS, the Board has been presented with the required 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 aforementioned Amendment to the 401 (K) Savings Plan , be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 15th day of March, A.D. , 1989 . 0/14 ti • ' BOARD OF COUNTY COMMISSIONERS ATTEST: ° �� WELD COUNTY, COLORADO T Weld County Clerk and Recorder li 2A,/"•G and Clerk to the Board C.W. Kirby, Chairman B . D ufl 1 c-ct' t ( C�)-.e.[�J �a u e o ns Pro-Tem P Y Y tr iGY APPROVED AS TO FORM: ene R. Brantner � . George Kenn ; ,y 1'2,,-. ( 4 c-.. Z_ L founty Attorney //f1r vr God Last), ', -Pc_ c'r I 890253 CGS1767 _ 66-383 WELD COUNTY 401(K) SAVINGS PLAN Funded Under GA 66947 CHANGE TO COMPLY WITH THE TAX REFORM ACT OF 1986, THE OMNIBUS RECONCILIATION ACT OF 1986 AND THE OMNIBUS RECONCILIATION ACT OF 1987 (COLLECTIVELY, TRA '86) BY ADOPTION OF MODEL AMENDMENT NO. 1 PURSUANT TO I.R.S. NOTICE 88-131 The Plan described above gives the undersigned the right to amend or change it at any time. According to that right, the Plan is changed by adopting the Model Amendment set forth below, effective as of the later of the date this amendment is adopted or the last day of the last Plan Year beginning before January 1, 1989. "In addition to other applicable limitations which may be set forth in the plan and notwithstandng any other contrary provision of the plan, compensation taken into account under the plan shall not exceed $200,000, adjusted for changes in the cost of living as provided in section 415(d) of the Internal Revenue Code, for the purpose of calculating a plan participant' s accrued benefit. (including the right to any optional benefit provided under the plan) for any plan year commencing after December 31, 1968. However, the accrued benefit determined in accordance with this provision shall not be less than the accrued benefit determined on the later of the date this amendment is adopted or the last day of the last plan year beginning before January 1, 1989, without regard to this provision. "Notwithstanding the preceding sentence, the accrued benefit of any plan participant who is a highly compensated employee, within the meaning of section 414(q) of the Code, is reduced to the extent a benefit has accrued with respect to compensation in excess of $200,000 during the 1989 plan year before the later of the adoption or effective date of this provision." The second paragraph is not adopted if the effective date of this amendment is after May 31, 1989. Executed this 15th day of March , 1989. For the EMPLOYER By r Title Chairman _Board of Weld County Commissioners ATTEST: *7977 t�'A � ,.$Y: LB/ De uty County Clerk 890253 Hello