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HomeMy Public PortalAboutr 05:349 í ~e$t1lutia1t af tl¡e 1ßaraugl¡ af QImtl'ret, ;N. YJ. #05-349 -------------- No. I ADOPTING CHANGES TO AN EXISTING DEFERRED COMPENSATION PLAN PURSUANT TO THE JOB CREATION AND WORKER ASSISTANCE ACT OF 2002 , INTERNAL REVENUE CODE SECTION 457 REGULATIONS (INCLUDING CERTAIN PROPOSED REVISIONS), INTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-56, AND INTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-12 Date of Adoption December 1, 2005 WHEREAS, the Borough of Carteret (hereinafter referred to as the "Employer") by resolution adopted a Deferred Compensation Plan (hereinafter referred to as the "Plan") effective January I, 2006, for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and WHEREAS, the Employer by resolution retained The Variable Annuity Life Insurance Company ("V ALIC") as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and WHEREAS, the Job Creation and Worker Assistance Act of 2002 amended Section 457 of the Internal Revenue Code (the "Code"); and WHEREAS, the Internal Revenue Service ("IRS") issued final Code Section 457 regulations on July 11,2003 and proposed Code Section 415 regulations issued May 31,2005 that modified the Code Section 457 regulations; and WHEREAS, the IRS has issued model amendments (Revenue Procedure 2004-56) and guidance regarding rollover contributions to ehgible retirement plans (Revenue Procedure 2004-12) that apply to Section 457 Plans; and WHEREAS, the IRS has set a deadhne of December 31, 2005, for State and local governmental Section 457(b) plan sponsors to adopt or amend their plans to conform with the Code, regulations, and interpretative guidance; and WHEREAS, the Employer desires its Plan to conform with the changes in the Code, regulations, and interpretative guidance; and WHEREAS, the Employer desires to adopt an amended and restated Plan that conforms with the changes in the Code, regulations, and interpretative guidance; and WHEREAS, such amended and restated Plan sha1l Supersede the previously adopted Plan; NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the amended and restated Plan prepared by V ALIC and assigned Plan Document identifier 55-PD_ V ALIC- 110305 by the Director of the Division of Local Governmental Services. BE IT FURTHER RESOL VED that a certified copy of this resolution sha1l be forwarded to the Director of the Division of Local Governmental Services. Adopted this 1 ,t day of December, 2005 and certified as a true copy of the original on December 2,2005. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk COUNCILMAN YES BELLINO X DIAZ X KRUM X RECORD OF COUNCIL VOTE NO NV A.B. COU1'iCILMAN 1 I ---____1 -;-, ' YES NO l\V A.H'--I --~ ~X~j XOR - ~icatcs Vote to Overrule V~ cp-- j \ '\ ')(\()"-o__ \ . \)P,.p~~~~ \ i;j:n;:'~ /YJ. cÜ,,~ -d- \ X x - Indicate Vote AB - Absent NY - Not Voting , ~ \ì\~ \!\\\~\t\~\\\ CO\\\\\:\\ ~~~~\~~ ~ ~ \ÎI~~\\~~ ~