HomeMy Public PortalAboutRES-CC-2012-15RESOLUTION #15-2012
A RESOLUTION AMENDING THE CITY OF MOAB CAFETERIA PLAN
BY THIS AGREEMENT, Moab City Corporation Cafeteria Plan (herein referred to as the "Plan') is hereby
amended as follows, effective as of June 1, 2012 except as otherwise provided:
1. The Plan is amended by adding the following provisions:
WHEREAS, as of June 1, 2012 the Plan was terminated;
INTERPRETATION OF AGREEMENT
(a) The Employer stopped contributions and terminated the Plan as of June 1, 2012 and directed
that remaining benefit payments (claim reimbursements) to Participants be made as soon as is
administratively feasible.
(b) The Plan is being amended in order to maintain its qualified status under ERISA and the
Code.
(c) All provisions of the Plan shall be construed and interpreted in a manner consistent with the
stopping of contributions and the Plan's termination as of June 1, 2012.
IN WITNESS WHEREOF, this Amendment FIVE has been executed this 31st day of July 2012.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
31st day of July, 2012.
By:
David L. Sakrison
Mayor
ATTEST:
Rachel E. Stenta
City Recorder
Resolution #15-2012
AMENDMENT NUMBER FIVE TO
MOAB CITY CORPORATION CAFETERIA PLAN
BY THIS AGREEMENT, Moab City Corporation Cafeteria Plan (herein referred to as the "Plan") is
hereby amended as follows, effective as of June 1, 2012 except as otherwise provided:
1. The Plan is amended by adding the following provisions:
WITNESSETH:
WHEREAS, as of June 1, 2012 the Plan was terminated;
INTERPRETATION OF AGREEMENT
(a) The Employer stopped contributions and terminated the Plan as of June 1, 2012
and directed that remaining benefit payments (claim reimbursements) to Participants be made as
soon as is administratively feasible.
(b) The Plan is being amended in order to maintain its qualified status under ERISA
and the Code.
(c) All provisions of the Plan shall be construed and interpreted in a manner
consistent with the stopping of contributions and the Plan's termination as of June 1, 2012.
IN WITNESS WHEREOF, this Amendment FIVE has been executed this day of
Moab City Corporation
By
EMPLOYER
ADOPTING RESOLUTION TO TERMINATE PLAN
The undersigned authorized representative of Moab City Corporation (the Employer) hereby certifies that the
following resolutions were duly adopted by the Employer on , and that such resolutions
have not been modified or rescinded as of the date hereof:
RESOLVED, that Amendment Number FIVE to the Moab City Corporation Cafeteria Plan with the original
effective date of January 1, 2009, presented to this meeting is hereby approved and adopted and that the duly
authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Trustee of the
Plan FIVE or more counterparts of the amendment.
RESOLVED, that the Moab City Corporation Cafeteria Plan be, and the same hereby, terminated effective June 1,
2012 with no further contributions to be made. All benefits available to current or former employees after June 1,
2012 will cease.
RESOLVED, that the Moab City Corporation Cafeteria Plan will continue reimbursing participants for claims
submitted through June 30, 2012 for expenses incurred prior to the date of termination, June 1, 2012.
Date:
Signed:
[print name/title]
MOAB CITY CORPORATION CAFETERIA PLAN
SUMMARY PLAN DESCRIPTION
MATERIAL MODIFICATIONS
I
INTRODUCTION
Moab City Corporation has terminated your Cafeteria Plan as of June 1, 2012.
This is merely a summary of the Plan and important dates regarding claim reimbursement. It is
presented to you as an addition to the Summary Plan Description. If you have any questions, contact the
Administrator. A copy of the Plan, including this amendment, is available for your inspection. If there is
any discrepancy between the terms of the Plan or the amendment itself and this summary of material
modifications, the provisions of the Plan, as amended, will control.
II
GENERAL INFORMATION ABOUT THE PLAN
There is certain general information which you may need to know about Amendment Number
FIVE to the Plan. This information has been summarized for you in this Section.
1. General Plan Information
Moab City Corporation Cafeteria Plan is the name of the Plan.
The amended provisions of the Plan become effective on June 1, 2012, unless otherwise
provided.
Your Employer has assigned Plan Number 501 to your Plan.
2. Employer Information
Your Employer's name, address and identification number are:
Moab City Corporation
217 East Center Street
Moab, UT 84532
87-6000248
3. Administrator Information
The name, address and business telephone number of the Administrator are:
Moab City Corporation
217 East Center Street
Moab, UT 84532
(435)259-2683
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The Administrator has the complete power, in its sole discretion to determine all questions
arising in connection with the administration, interpretation, and application of the Plan (and any
related documents and underlying policies). Any such determination by the Administrator is
conclusive and binding upon all persons.
III
SUMMARY OF CHANGES
1. Effective June 1, 2012 the Employer, Moab City Corporation, stopped contributions and
terminated the Moab City Corporation Cafeteria Plan. Participants in the Plan will have until
June 30, 2012 to submit receipts for claim reimbursement. Please note that claims
submitted through June 30, 2012 should be for expenses incurred prior to the date of
termination, June 1, 2012.
2