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HomeMy WebLinkAbout920466.tiff CERTIFICATE Weld County We, the members of the Retirement Board for the County of Weld, State of Colorado, do hereby certify that a true and correct copy of Amendment No. Two to the Weld County Retirement Plan (As Amended and Restated Effective January 1, 1990) was adopted by Resolution of the Weld County Board of Retirement on the /7 day of lJ' k'Y. _ , 19V. qq IN WITNESS WHEREOF, we have hereunto affixed our names this /7 day of , 19'. WELD COUNTY BOARD OF RETIREMENT rat. et /,i 4 L' IS -7 A WITNESS: 1 9204b0 ,X Dcnmtl RESOLUTION OF THE WELD COUNTY BOARD OF RETIREMENT WHEREAS, the Weld County Retirement Plan (the "Plan") has heretofore been created by Resolution of the Weld County Board of Retirement hereafter referred to as the "Retirement Board"; and WHEREAS, the following amendment is believed to be nondiscriminatory and in conformity with provisions of Section 401(a) and other applicable provisions of the Internal Revenue Code of 1986, as amended from time to time; and WHEREAS, the Plan has previously been amended and restated by action of the Retirement Board, effective January 1, 1990; and WHEREAS, Section 14.2 permits the Retirement Board and the County Commissioners to amend the Plan from time to time, and this amendment is hereby designated Amendment No. Two to the amended and restated Plan. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: (1) That the Plan be amended effective December 16, 1991. (2) Amendment No. Two to the Weld County Retirement Plan, copies of which have been presented to the Retirement Board at this meeting, be and it hereby is approved and adopted effective as of December 16, 1991. (3) The Retirement Board be and they hereby are authorized to execute forthwith Amendment No. Two to the Weld County Retirement Plan (As Amended and Restated Effective January 1, 1990) and to do all other acts and things necessary and proper to keep the Plan and its Retirement Fund in full force and effect and to make WE6PD811.WP3 - 1 - such amendments and changes, if any, as may be necessary to maintain the qualification of the Plan and Retirement Fund under the applicable sections of the Internal Revenue Code of 1986, as amended from time to time. (4) The proper officers of the Retirement Board are hereby authorized to submit, or have submitted, executed, verified counterparts of the Plan and this resolution to the appropriate District Director of the Internal Revenue Service in support of a request for a letter of determination that the Plan and Funding Agreement continue to qualify under Sections 401(a) and 501(a) of the Code. WE6PDBll.WP3 - 2 - AMENDMENT NO TWO TO THE WELD COUNTY RETIREMENT PLAN (AS AMENDED AND RESTATED EFFECTIVE JANUARY 1. 19901 Pursuant to the authority of the Weld County Board of Retirement and the provisions of Section 14.2 of the Plan, the Weld County Retirement Plan (As Amended and Restated Effective January 1, 1990) (the "Plan") is hereby amended, effective December 16, 1991 as follows: 1. Section 2.3(h) is restated to read as follows: "(h) 'Covered Employment' means the employment category for which the Plan is maintained excluding leased employees as defined in Section 2.3(m) and excluding Employees of the Weld County Health Department." 2. Section 2.3(m) is restated to read as follows: "(m) 'Employee' means any elected or appointed County officer or deputy and any person employed by the County on a full-time basis as defined by Weld County Personnel Policies and Procedures. Included as Employees are leased employees within the meaning of Code Section 414(n)(2), except that if such leased employees constitute less than twenty percent (20%) of the County's nonhighly compensated workforce within the meaning of Code Section 414(n)(1)(C)(ii), then the term 'Employee' will not include those leased employees covered by a plan described in Code Section 414(n)(5) unless otherwise provided by the terms of this Plan." 3. Amend Section 3.2 by adding the following as the second paragraph: "Effective December 16, 1991, all current Employees of the Weld County Human Resources Department who were previously excluded from the Plan shall become Members of the Plan and begin receiving Current Service credit." WE6PD811.WP3 - 3 - The foregoing resolution as submitted by the County Board of Retirement was duly approved by the following vote on the I ,, day of l%C_, , 192. WI ESS: ///f/� (/'j® WELD COUNTY BOARD OF RETIREMENT - TI /^ WE6PD811.WP3 - 4 - Hello