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6427-99 i it I ii y9/ ORDINANCE NO. 6427-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN; AMENDING SECTION 2.510.2, CODE OF ORDINANCES AND AMENDING SECTION 8.9 OF MONEY PURCHASE PLAN DOCUMENT TO PROVIDE FOR WITHDRAWAL FROM EMPLOYEE CONTRIBUTION ACCOUNT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has established the City of Clearwater Money Purchase Pension Plan (the "Plan"), which was subsequently amended by a First Amendment and Second Amendment; and WHEREAS, the City is granted authority to amend the Plan; and WHEREAS, the City has determined that it is in the best interest of participants to amend the Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 9. Section 2.510.2, Code of Ordinances, is hereby amended as follows: Sec. 2.510.2. Withdrawals from employer or employee contribution accounts. A participant who has reached age 59-912 may request a withdrawal of all or a portion of his employer or em to ee contribution accounts at any time. Section 2. The City of Clearwater hereby adopts the Third Amendment to 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 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: I-) - dL Pamela K. Akin, City Attorney July 15, 1999 August 5, 1999 Brian J. Aungst ayor-Commissioner Attest: Cyn is E. Goudeau, City Clerk Ordinance 8427-99 This Third Amendment to the City of Clearwater Money Purchase Pension Plan Is made and entered into this day of , 1999, but is effective for all purposes as of the effective date of ordinance 6427-99, by the City of Clearwater (the "City"). WITNESS ET H: WHEREAS, the City has previously adopted the City of Clearwater Money Purchase Pension Plan (the "Plan"), which was amended by a First Amendment effective August 1, 1998, and by a Second Amendment effective June 1, 1999; and WHEREAS, pursuant to the terms of the Plan the City is authorized and empowered to amend the Plan; and WHEREAS, the City deems it advisable and in the best interest of Participants to amend the Plan. NOW, THEREFORE, the Plan is hereby amended as follows: Section 8.9 of Article VIII is hereby deleted in its entirety and the following is substituted in lieu thereof: 8.9 Withdrawals from employer and employee contribution accounts. A Participant who has reached age 59-112 may request a withdrawal of all or a portion of his Employer or Employee Contributions Accounts at any time. IN WITNESS WHEREOF, this Third Amendment has been entered into and is effective as of the date first set forth above. Countersigned: Brian Aungst, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: Michael J. Roberto, City Manager Approved as to form: Pamela K. Akin, City Attorney EXHIBIT A THIRD AMENDMENT TO THE CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN Attest: Cynthia E. Goudeau, City Clerk j;