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7255-04 ORDINANCE NO.7255-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN; AMENDING THE CODE OF ORDINANCES, AND ARTICLE vn OF THE MONEY PURCHASE PENSION PLAN DOCUMENT TO COMPLY WITH THE MINIMUM REQUIRED DISTRIBUTION REGULATIONS UNDER INTERNAL REVENUE CODE SECTION 401 (A)(9); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater ("City") has established the City of Clearwater Money Purchase Pension Plan ("Plan"), as subsequently amended; and WHEREAS, the City is granted authority to amend the Plan; and WHEREAS, the City has determined that it is the best interests of participants to further amend the Plan to comply with minimum required distribution regulations promulgated by the Internal Revenue Service under Internal Revenue Code Section 40l(A)(9); and WHEREAS, by Emergency Ordinance No. 7254-03 the City adopted said amendments on an emergency basis, and pursuant to City of Clearwater Charter, Section 2.09(e), an emergency ordinance automatically expires after 90 days unless during said time period the ordinance is submitted for adoption in the manner provided for non- emergency ordinances, and it is thus necessary to adopt this non-emergency ordinance in order to implement the amendments on a permanent basis; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby adopts the Third Amendment to the First Restatement of the City of Clearwater Money Purchase Pension Plan (the "Plan") effective upon the effective date of this ordinance, substantially in the form attached hereto as Exhibit A and made a part hereof. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING February 19, 2004 Ordinance No. 7255-04 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: By: Leslie K. Dougall-Side Assistant City Attorney March 2, 2004 By: Attest: Ordinance No. 7255-04 THIRD AMENDMENT TO THE FIRST RESTATEMENT of CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN FOR FINAL MINIMUM DISTRIBUTION REGULATIONS This Amendment to the City of Clearwater Money Purchase Pension Plan ("Plan"), is hereby adopted by the City of Clearwater ("City") on the date indicated below, but is effective for all purposes as of January 1, 2003. WITNESSETH: WHEREAS, the City adopted the Plan for the exclusive benefit of Plan participants and beneficiaries; and WHEREAS, the City reserved the right to amend the Plan; and WHEREAS, a Plan amendment is necessary to retain the tax qualified treatment of Plan assets; and WHEREAS, such an amendment is in the best interests of participants and beneficiaries; and WHEREAS, this Amendment of the Plan is adopted to reflect the Final Treasury Regulations under Internal Revenue Code ("IRC") Section 401(a)(9) on required minimum distributions; and WHEREAS, this Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this Amendment. NOW THEREFORE, the Plan shall be amended by this Amendment in the following respects only: ITEM 1: The following regarding Minimum Distribution Requirements, is added at the end of Article VII: 1 General Rules. 1.1 Effective Date. The provisions of this Amendment will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. 1.2 Coordination with Minimum Distribution Requirements Previously in Effect. If this Amendment is effective earlier than calendar years beginning with the 2003 calendar year, required minimum distributions for 2002 under this Amendment will be determined as follows. If the total amount of 2002 required minimum distributions under the Plan made to the distributee prior to the effective date of 1 this Amendment equals or exceeds the required mInImum distributions determined under this Amendment, then no additional distributions will be required to be made for 2002 on or after such date to the distributee. If the total amount of 2002 required minimum distributions under the Plan made to the distributee prior to the effective date of this Amendment is less than the amount determined under this Amendment, then required minimum distributions for 2002 on and after such date will be determined so that the total amount of required minimum distributions for 2002 made to the distributee will be the amount determined under this Amendment. 1.3 Precedence. The requirements of this Amendment will take precedence over any inconsistent provisions of the Plan. 1.4 Requirements of Treasury Regulations Incorporated. All distributions required under this Amendment will be determined and made in accordance with the Treasury Regulations under IRe Section 401 (a)(9). 1.5 TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Amendment, distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b )(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to TEFRA Section 242(b )(2). 2 Time and Manner of Distribution. 2.1 Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date. 2.2 Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (a) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then, except as provided in Section 2.2( e), distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70-1/2, iflater. (b) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then, except as provided in Section 2.2( e), distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (c) If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest will be 2 , ' distributed by December 31 of the calendar year containing the fifth anniversary ofthe Participant's death. (d) If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 2.2, other than Section 2.2(a), will apply as if the surviving spouse were the Participant. (e) Participants or Beneficiaries may elect on an individual basis whether the 5- year rule or the life expectancy rule in Sections 2.2 and 4.2 of this Amendment applies to distributions after the death of a Participant who has a designated Beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under Section 2.2 of this Amendment, or by September 30 of the calendar year which contains the fifth anniversary of the Participant's (or, if applicable, surviving spouse's) death. If neither the Participant nor Beneficiary makes an election under this paragraph, distributions will be made in accordance with Sections 2.2 and 4.2 of this Amendment. For purposes of this Section 2.2 and Section 4, unless Section 2.2(d) applies, distributions are considered to begin on the Participant's required beginning date. If Section 2.2( d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 2.2(a). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's required beginning date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under Section 2.2(a)), the date distributions are considered to begin is the date distributions actually commence. 2.3 Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Sections 3 and 4 of this Amendment. If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of IRe Section 401(a)(9) and the Treasury Regulations. 3 Required Minimum Distributions During Participant's Lifetime. 3.1 Amount of Required Minimum Distribution For Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of: (a) the quotient obtained by dividing the Participant's account balance by the distribution period in the Uniform Lifetime Table set forth in Treasury 3 , . Regulations Section 1.401(a)(9)-9, using the Participant's age as of the Participant's birthday in the distribution calendar year; or (b) if the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's account balance by the number in the Joint and Last Survivor Table set forth in Treasury Regulations Section 1.401(a)(9)-9, using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year. 3.2 Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under this Section 3 beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. 4 Required Minimum Distributions After Participant's Death. 4.1 Death On or After Date Distributions Begin. . (a) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's designated Beneficiary, determined as follows: (1) The Participant's remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (2) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For distribution calendar years after the year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year. (3) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. 4 . ,!, (b) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the Participant's remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. 4.2 Death Before Date Distributions Begin. (a) Participant Survived by Designated Beneficiary. Except as provided in Section 2.2(e), if the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in Section 4.1. (b) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary ofthe Participant's death. (c) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under Section 2.2(a), this Section 4.2 will apply as if the surviving spouse were the Participant. 5 Definitions. 5.1 Designated Beneficiary. The individual who is designated as the Beneficiary under the Plan and is the designated Beneficiary under IRe Section 401(a)(9) and Treasury Regulations Section 1.401(a)(9)-1, Q&A-4. 5.2 Distribution calendar year. A calendar year for which a mInImUm distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin under Section 2.2. The required minimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's required beginning date. The required minimum distribution for other distribution calendar 5 years, including the required minimum distribution for the distribution calendar year in which the Participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year. 5.3 Life expectancy. Life expectancy as computed by use of the Single Life Table in Treasury Regulations Section 1.40l(a)(9)-9. 5.4 Participant's account balance. The account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. 5.5 Required beginning date. The date specified in the Plan. ITEM 2: This Amendment shall be effective as of January 1, 2004. of IN WITNESS WHEREOF, the parties have executed this amendment this ,2004. day CITY OF CLEARWATER, FLORIDA eslie Dougall-Sid Assistant City Atto By: Brian J. Aungst Mayor - Commissioner By: Attest: By: Cynthia E. Goudeau City Clerk 6