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HomeMy Public PortalAboutr 09:232 ~e501utioH of tqe ~orougq of aIarteret, ~ ~ JJ ~ No,OO"'232 Date of Adoption N:rvarl:::er 23, 2fI.Jj Resolution for Emplo)'ces Adopting Axa Equitllble's Specimen 457 Plan Document '''HEREAS, the Borough of Carteret has considered the establishment of an atlditional457 (b) Deferred Compensation Plan to be made available to all eligible municipal cmployccsjand \VI-IEREAS, in order to attract lmd retain qualified employees there exists a need to adopt and implement a DEFERRED COl\'IPENSA TION ]lLAN for the employees oCThe Borough of Cartcl'et(herciuafter referred to as Employer), which will provide employees the opportunity to enhance their financial security at retirement through savings of compensation on 11 deferred basis J1S provided b}' section 457 of the Internal Reyenue Code of 1986, as amended ("CodeIJ);and \VHEREAS, there is no direct financial cost to the Employer to adopt and implement both a Deferred Compensation Plan and Service Agreementj WHEREAS, the Employer made written requests for pl.oposals from two or more appro\.ed contractors,including AXA Equitable Life Insurance Company (hereinafter referred to ad "AXA Equitable and The Hartfol'd for administration of the investments of funds under a Deferred Compensation Plan including providing Protot)'pical and Service Agreements that meet the Requirements of the MunicipallCounly and Aulhorit)' Deferred Compensation Programs Rule N.J.A.C. 5:37 \VHEREAS, A..XA Equitable submitted a proposal for review and consideration:and \VHEREASI it was determined that AXA Equitable has the abiJit}, to: (1) maintain complete records of accounts; (2) manage llccounts with absolute fidelit}'j (3) provide advice concerning various catergorics ofiuvcstmcntsj an (4) provide continuing consultlltion to participllntSj NOW THEREFORE BE IT RESOLVED by THE BOROUGH OF CARTERET That effective the date of this resolution the DEFERRED COi\IPENSA TION PLAN l)rovided by A.XA Equitable and llssigned the plan identifier: 66-PDEquitable-053107 by the New Jersey Division of Local Government Services, is hereby adopted and signed by the Borough of Carteret. BE IT FURTHER RESOVED THAT the Borough of Ca,.teret hereby acknowledges that the said DEFERRED COMPENSATION PLAN is substantially similar to one on which Private Letter Ruling has been previously obtained from the federallntermll Revenue Service exccpt for provisions added by reason oCThe Small Business Job Protection Act of 1996 (United States l)ublic Law No. 104-188), the Tax payer Relief Act of2001 (United States Public Law No, 105-34),and Economic Growth and Tax Relief Reconciliation Act of2001 (United States Public Law No. 107-16), and all such provisions are stated in the phm in terms substantially similar to the text of those provisions in the Code Section 457 including pertinent applicable Treasury Regulations. The use of the ruling is for guidance only and aclmowledgcs that for Internal Revenue Service purposes; tbe Ruling of another employer is not be considered precedent. , NO. 09-232 PAGE 2 BE IT FURTHER RESOL VED THAT the Borough Administrator is authorized to execute the Service Agreement (hem-jug the identifier: 66- SAEquitablcw053107 assigned by the New Jersey Division of Local Government) with AXA Equitable for the provisions of administrative and investment scn'ices. There has been no collusion, 01' evidence or appearance of collusion, between an)' local official and a representative ofAXA Equitable in tbe selection of A..U C(luitablc as contractor for the administrator of the SCl"yice Agreement pursuant to N.J.A.C. Section 5:37-57 BE IT FURTHER RESOL VED THAT the Chief Financial Officer is hereby designated as Local Plan AdministratOl' for the administration of the DEFERRED COiHPENSATION PLAN. It is implicitly understood that, other than the incidental expenses of collection and disbursing the employee's deferrals and other minor administrative matters, there is to be no cost to the Borough of Carteret. BE IT FURTHER RESOLVED TlL\ T no employce shall he pcrmitted to enroll in the Plan nntil such time as said employee signs a statement authorizing said deduction. BE IT FURTHER RESOL YED THAT a certified copy of this resolution and all neeeSSal"y required documents shull be submitted to the Director of the division of Local Government Service with in the Stute Department of Community Affairs for approval. kbpte::l this 23rd day of N-:Jvs-rter, 2fJJj an:l certifiEd as a true ccw of the origirlli on N-:Jvs-rter 24, 2fJJj. KimJLEEN M. BAR.\lEY, we MJIliciraJ, Clerk RECORD OF COUNCIL VOTE COUNCIUIAN I YES NO NV A,B. COUNCILMAN YES NO NV A,B. m;n~~ X KRLM X Cl1CN X N\PLES v DIAZ X STIJ\RZ Ix --~. X -lndicateVolC AB -Absent NY -Not Voting XOR + Indil:alCs Vote to Q\'crrule Vetn Adopled at a meeting of the t<.Iunicipal Council fi;;t~~~A. /0