Resolution 2013-24 I
Resolution No. 2013-
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RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
AMENDING THE 457(b) DEFFERED COMPENSATION PLAN
FOR GOVERNMENTAL EMPLOYERS
WHEREAS , by Resolution No . 1994-6 passed August 11 , 1994, the Mayor and City
Council of the United City of Yorkville, Kendall County, Illinois (the " City") , authorized a
deferred compensation plan for City employees pursuant to Section 475 (b) of the Internal
Revenue Code (the "457(b) Deferred Compensation Plan") ; and,
WHEREAS , the 457 (b) Deferred Compensation Plan has been available to City
employees since its date of approval ; and, j
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WHEREAS , it has been brought to the attention of the City ' s Finance Director that
certain amendments to the Deferred Compensation Plan are necessary in order to permit all
rollover contributions from other governmental employer plans , as set forth in the Specimen
Adoption Agreement the 457 (b) Deferred Compensation Plan for Governmental Employers (the
"Employers 457(b) Deferred Compensation Plan") .
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Employers 457 (b) Deferred
Compensation Plan as attached hereto is hereby approved and the City Finance Director is
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hereby authorized to execute and implement such plan pursuant to all applicable laws and
regulations .
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Resolution No . 2013 - '7
Page 1
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PASSED by the Mayor and City Council of the United City of Yorkville, Kendall
County, Illinois , this m day of enew kf E , 2013 .
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT j
CHRIS FUNKIIOUSER JOEL FRIEDERS �
ROSE ANN SPEARS � DIANE TEELING
APPRO , D :
,y
Mayor
Attest:
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City Clerk
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Resolution No. 2013 - a
Page 2
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SPECIMEN ADOPTION AGREEMENT FOR
457(b) DEFERRED COMENSATION PLAN
FOR GOVERNMENTAL EMPLOYERS
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The undersigned Employer adopts the 457 (b ) Deferred Compensation Plan for Governmental
Employers for those Employees who will qualify as Participants hereunder, to be known as the
City of Yorkville
(Enter Plan Name)
It will be effective as of the date specified below . The Employer hereby selects the following
Plan specifications :
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EMPLOYER INFORMATION (Plan Section 1 . 9) j
Name of Employer : City of Yorkville
Address : 800 Game Farm Road
r0ple ur/fie IL 60560
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City State Zip
Telephone Number: 630-553 -4350
Employer Identification Number:
Location of Employer's Principal Office:
,> state ❑ commonwealth ❑ district of Illinois ❑ other :
and the Plan will be governed in accordance with retirement plan laws of the
Illinois (name of state/commonwealth) .
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This specimen document includes a number of provisions which are optional , or as part of which there are different options that
may be selected. Such provisions are generally indicated in the Adoption Agrccmcnt. This does not mean that other provisions
may not also be optional, or that other options may not be available. The selection of appropriate options is solely the
responsibility of the plan sponsor and should be done only after consulting with the client's own knowledgeable counsel.
( loll l )
2011 ING North America Insurance Corporation.
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Employer Fiscal Year , j
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The 12-consecutive month period commencing on May 1St
[month and day] and ending on April 30ap [month and clay] .
PLAN INFORMATION
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Effective Date ;
This Adoption Agreement of the 457(b) Deferred Compensation Plan for Governmental
Employers will :
❑ establish a new Plan effective as of
constitute an amendment and restatement in its entirety of a previously established 457(b)
Plan of the Employer which was effective Except as specifically provided in the
Plan, the effective date of this amendment and restatement is
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Plan Year (Plan Section 1 .21) ;
The 12- consecutive month period commencing on 7t? 0U&ur/
[month and day] and ending on PeceW� 3j [month and day] .
Name of Administrator (Plan Section 1 . 1 ) :
Employer (Use Employer Address)
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❑ Name(s)
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Address
City State Zip
Telephone
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Administrator' s I.D , Number -
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This specimen plan document is intended to assist you and our counsel in adopting a 457 b plan. Modifications may be
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required to meet your plan's particular objectives. ( 10/11 )
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ELIGIBILITY (Plan Section 2. 1)
Eligible Individuals for Purposes of Participant Deferral Contributions :
All Employees
❑ All Employees other than the following group or groups of Employees elected below :
❑ Nonresident aliens with no U . S , source of income
❑ Employees who normally work less than 20 hours per weelc
❑ Students performing services for the Employer whose Compensation is not considered
wages under the Federal Insurance Contributions Act ("FICA")
❑ Collectively bargained employees
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NOTE : The group (s) specified must correspond to a group of the same designation that is
defined in statutes, ordinances, rules, regulations , personnel manuals or other authority for the
state or local jurisdiction of the Employer.
Independent Contractors
For purposes of this section, the term Eligible Individual :
Will not include Independent Contractors
❑ Will include all Independent Contractors
❑ Will include all Independent Contractors other than as specified below:
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CONTRIBUTIONS AND ALLOCATIONS !
Roth 457 (b) Contributions (Plan Section 1 .24)
Roth 457 (b) ContributionsXwill ❑ will not be permitted under the Plan.
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This specimen plan document is intended to assist you and your counsel in adopting a 457(b) plan . Modifications may be
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required to meet your plan ' s particular objectives. ( 10/ 11 )
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Deferral of Accumulated Sick Pay, Accumulated Vacation Pay and Back Pay (Plan Section
3 . 1 (b)) :
Participant may elect to defer (check all that are applicable) to the Plan :
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>f accumulated sick pay
K accumulated vacation pay
X back pay
Note : any amounts deferred under Section 3 . 1 (b) of the Plan must be consistent with applicable
state and local law, including, but not limited to , the terms of any collective bargaining
agreements .
Age 50 Plus Catch-Up Contributions (Plan Section 3 .3) :
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Age 50 Plus Catch-Up Contributions )( will o will not be permitted under the Plan .
Transfers into the Plan (Plan Section 3 .7) :
Transfers into the Plan from an eligible 457 plan sponsored by another governmental employer
will ❑ will not be permitted .
Rollovers :
Rollover ContributionsV will o will not be permitted under the Plan (Plan Section 3 . 8) .
The Plan will accept the following types of non-Roth Rollover Contributions :
457(b) Rollovers
Non-457(b) Rollovers
If Roth 457(b) Contribution are permitted the Plan, then the following rollover contributions will
be permitted :
Non-457(b) Rollovers
Roth 457(b) Rollovers
Roth Non-457(b) Rollovers
X Rollover of In-Plan Roth Non-457(b) Rollovers
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Normal Retirement Age (Plan Section 1 .16) :
For purposes of the Special 457 Catch-Up Deferral Election under Section 3 .2 , Normal
Retirement Age will be:
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This specimen plan document is intended to assist you and your counsel in adopting a 457(b) plan. Modifications may be
required to meet your plan's particular objectives. ( 10/11 )
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Option 1 : Employer detennines Normal Retirement Age
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The NRA is a range of age(s) beginning at .
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the earliest retirement age at which an individual could receive unreduced benefits
under the Employer ' s defined benefit pension plan
Li Age 65
❑ Other:
NOTE : Age specified can be the earlier of age 65 or, if applicable, date above at
which a Participant could receive unreduced benefits from Employer' s defined
benefit pension Plan.
and ending at:
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y� Age 701/2
❑ Other:
NOTE l ; Normal Retirement Age cannot be later than age 70 1/a.
NOTE 2 ; Beginning and ending ages may be the same age, if elected by the
Employer.
Option 2 : Participant determines Noinial Retirement Ave f
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❑ the Normal Retirement Age elected by the Participant that is between :
• the earlier of the earliest retirement age under the Employer ' s pension plan at which the
Participant immediately could receive unreduced retirement benefits or age 65 ; and
• age 70 1/2 .
NOTE 3 ; The Employer is not permitted to have more titan one Normal Retirement Age
for each Participant under all of the plans under Section 457 (b) of the Code that it
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sponsors .
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This specimen plan document is intended to assist you and your counsel in adopting a 457(b) plan . Modifications may be
required to meet your plan 's particular of jectives. ( 10/ 1 t )
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Normal Retirement Age for Police or Firefighters
For purposes of the Special 457 Catch-Up Deferral Election under Section 3 .2, Normal
Retirement Age will be :
)< the earliest retirement age at which an individual could receive unreduced benefits
under the Employer' s pension plan
• Age 40
• Age 55
• Age 65
❑ Age 70 1 /2
• Other:
NOTE : Age specified for this option generally may not be less than age 40 or
more than age 70 '/z .
• the Normal Retirement Age elected by the Participant that is between :
• age 40 ; and
• age 70 %Z .
DISTRIBUTIONS
Distribution Options (PIan Section 4 .3 (c)) :
Joint and survivor annuity
�j Lump sum
X Immediate or deferred annuity (including life annuities and installment payment annuities) f
�( Systematic distribution option permitted under the Investment Product.
El Other:
NOTE : Distribution options selected are available to the extent permitted by applicable law and
the terms of the Investment Product.
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In the event that a Participant does not elect a form of payment at the time that distributions are
required to begin in accordance with Section 4 . 5 , any benefits payable to the Participant will be
made as follows :
❑ In the form of an annuity payable over the life expectancy of the Participant that meets the
requirements of Code Section 401 ( a)(9)
❑ Lump sum
Other: rr vt m ;; rmvti? e/," .s'b�t4o
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This specimen plan document is intended to assist you and your counsel in adopting a 457(b) plan . Modifications may be
required to meet your plan's particular objectives. ( 10/ 11 )
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Death Benefits Payable to Beneficiary (Plan Section 4 .3 (d)) ;
Amounts payable to the Beneficiary may be elected by the Beneficiary in the following forms of
benefit payment : I
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)<Same distribution options as available to the Participant
ri Other:
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NOTE : Distribution options selected are available to the extent permitted by applicable law and
the terms of the Investment Product,
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In the event a Beneficiary fails to make an election as to a benefit distribution option, any benefit
payable to such Beneficiary will be distributed in accordance with Code Section 401 (x) (9) .
Rollovers
Distribution of a Participant 457 Rollover Account and a Participant Non-457 Rollover Account
(Plan Section 4. 1 (b)) : k
Amounts payable under a Participant 457 Rollover Account and a Participant Non- 457 Rollover
Account will be paid to a Participant :
a Upon attainment of an event as described in Section 4 . 1
)<Upon the request of a Participant
Other:
Unforeseeable Emergency Withdrawals (Plan Section 4 .6) : j
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Unforeseeable Emergency Withdrawals P(will o will not be permitted under the Plan.
If Unforeseeable Emergency withdrawals are allowed by the Plan, the amount eligible for such
withdrawals will consist of:
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XThe Participant Account
XThe Participant Deferral Account
The Participant 457 Rollover Account (if amounts are not payable before a Participant attains
an event as described in Section 4. 1 )
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This specimen plan document is intended to assist you and your counsel in adopting a 457(b) plan. Modifications may be
required to meet your plan's particular objectives. ( 10/11 )
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kThe Participant Non -457 Rollover Account ( if amounts are not payable before a Participant
attains an event as described in Section 4 . 1 ) i
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A Participant may o may not take an Unforeseeable Emergency Withdrawal resulting from
the illness or accident of a primary Beneficiary designated by the Participant,
Small Balance Distribution (Plan Section 4 .7) :
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Small balance distributions attributable to a Participant Deferral AccountX will ❑ will not be
permitted under the Plan ,
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Transfer of Amounts for Purchase of Service Credits in Governmental Retirement System
(PIan Section 4 .9)
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ParticipantX will ❑ will not be permitted to transfer amounts under the Plan to a governmental
retirement system in order to purchase service credits .
Loans to Participants Plan Section 4 . 11) w
Loans ❑ willf will not be permitted under the Plan .
Distributions for Health Insurance and Long Term Care (Plan Section 4 . 12) :
Distributions to pay for health insurance and long term care X will o will not be permitted
under the Plan .
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CERTIFICATION AND SIGNATURE !
The undersigned Employer hereby represents that it is a unit of a State or local government or an
agency or instrumentality of one or more units of a State or local government as described in j
Code Section 414(d) .
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This Adoption Agreement and the PIan document together constitute the Plan. The Plan is a
specimen plan, not a master or prototype plan, and has not been approved by the IRS . The
adoption of this Plan and related tax consequences are the responsibility of the Employer and its
independent tax and legal advisors .
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IN WITNESS WHEREOF, the Employer hereby causes this Plan to be executed on this
day of ,
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EMPLOYER:
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(enter name)
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This specimen plan document is intended to assist you and your counsel in adopting a 457(b) plan. Modifications may be
required to meet your plan 's particular objectives. ( 10/ 11 )
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