Loading...
2016/04/12 City Council Resolution 2016-33RESOLUTION NO. 2016-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING RE -ADOPTION OF THE CITY OF ROHNERT PARK'S GOVERNMENT MONEY PURCHASE PLAN AND TRUSTS ICMA-RC 10-8599 AND 10-8277 AND TERMINATION OF GOVERNMENT MONEY PURCHASE PLAN AND TRUST ICMA- RC 10-8598. WHEREAS, the City of Rohnert Park is the plan sponsor for three Government Money Purchase Plan and Trusts administered by ICMA-RC: Plans 10-8598, 10-8599 and 10-8277; and WHEREAS, the Internal Revenue Service (IRS) reviews ICMA-RC's plan documents every six years to ensure they are compliant with legislative and regulatory changes enacted since the prior review and amendment; and WHEREAS, as a result of the 2012 IRS review, ICMA-RC's Government Money Purchase Plan and Trust adoption agreement was updated and the IRS now requires plan sponsors to re -adopt existing plans using the updated adoption agreement; and WHEREAS, the City of Rohnert Park's Government Money Purchase Plan and Trusts ICMA-RC 10-8599, and 10-8277 are active plans; and WHEREAS, the City of Rohnert Park's Government Money Purchase Plan and Trust ICMA-RC 10-8598 is an inactive zero balance plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park hereby re -adopts the City of Rohnert Park Government Money Purchase Plan and Trusts ICMA-RC 10-8599 and 10-8277 which are attached hereto as Exhibit A and Exhibit B respectively and incorporated herein by reference and terminates the City of Rohnert Park Government Money Purchase Plan and Trust 10-5898 which is attached hereto as Exhibit C and incorporated herein by reference. The City Manager is hereby authorized and directed to take all actions necessary to carry out, give effect to and consummate the transactions contemplated by this Resolution. 1 2016-33 DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 12th day of April, 2016. CITY OF ROHNERT PARK y� '1- ATTEST: JoAnne Buergler, City Clerk Attachments: Exhibits A, B and C AHANOTU:()�J� CALLINAN: -�= _ STAFFORD: '' MACKENZIE: t j r' BELFORTE: AYES: (5 ) NOES: ( D ) ABSENT: ( ) ABSTAIN: ( ) 2 2016-33 INA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Exhibit A ICM/rKC, BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORAT[ON GOVERNMENTAL MONEY PURCHASE PIAN S: TRUST ADOPTION AGREEMENT Plan Number lo- 8599 lie l:m ployer hereby cis tablishes a Money Purchase Plan and `Thus[ to be known as -My of ROHNER" PARK MONEY PURCRASE PLAN (the 'Phi ri") in the form of the ICMA Red remenr ( "tnrporation Govummenral Money Purdutsc Plan and Trust. 'Ibis Plan is an amendment and restatement of an existing defined contribution money purchase plan. 0 Yes ❑ No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: OF ROHNERT PARI( MONEY PURCHASE PLAN I. Employer: CITY OF ROHNERT PARK II. Effective Dates 1, Effective Date of RestattmtriL If this document is a restatement of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby specified: (Note: An alternate effective date can be no earlier than January 1, 2007.) ❑ 2. Effective Date of New Platt. If this is a new Plan, the effective date of the Platt shall be the first day of the Plan Year during which, the Employer adapts the Plan, unless an alternate Effective Date is hereby specified: 3. 5nctial_Effective Datta. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. (Note provision and effective date.) III. Plan Year will mean: ❑ The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) 'Ilse twelve (12) eonsecurivC nonth period commencing on JANUARY 1ST and each anniversary thereof. IV, Normal Retivernent Agc shall be age 60 (not to exceed age 65). Impartdnt Nate to Employrn: Normal Retirement Age is signifiont for determining the earliest date at which the Plan may allow for in-service distributions; Normal Retirement Age also defines the latest date at which a Participant must have a filly vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plods Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this reyuircmem, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer',~ good faith, reasonable determination will generally be given deference. A special rule, however, applies in the ease of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(t)(10)(B) of the Code, in which erase an aye of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the coveted workforce is. employed, V. ELIGIBILITYRLQUIDEMENTS 1. The following group or groups of Empleayees are eligible to participate in the Plan: All Employees All Full IimeErn ployers Salaried Employees Non union Employees Management Employees Public Safety Employees General Employees Other. Employees (Specify the groups) of eligible employees below. Do nor specify employees by name. Specific positions are acccptabIr.) MISC. EMPLOYEES HIRED PRIOR TO 7!117877 (CLOSED GROUP) The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the plan Year in which the Employee terminates employment. Rioter As stated in Sections 4.07 and 4.06, the Plan may, however, provide that Final pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2, The Employer hereby waives or reduces the requirement of twelve (12) month Period of Service fur participation. 'the required Period, of Service shall be (write N/A if an Employee is eligible to participate upon employment) NIA If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is WA (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follonrs: (ChuOsr all that apply, bur at least one of Options A or B. If Option A is t r scic:Lwd, Frnployer rutrst pick up Parricipant Contributions under Option B.) F"" Employer Contributions With or Without Mandatory Pw-ddpant Contributions. (If Option B is chosen, please complete section C.) 91 A, dyer C ontrihutivrts. 'The Employer shall contribute off behal f o each Participant 7 t5 0% of Earnings or $ Q•00 for the Plan Yezr (subjcc't to the limitations of Art:icic `st ,)f the Plan). Mandatory Participant Contributions 0 are required ❑ are not required to be eligible for this Employer Contribution. 71 B. vinndiit er partiejpartt Cont�abutions or Plan Parciciparicsn,_ RRtt aired Mandatory C n1rlbgt rat . A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: Yes ❑ No Money Purchase Plan Adoption Agreement E.nt al} � le int -Eta Kv9gtQ1y L:ontrihutiurts. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each flan Year (subject to the limitations of Article V of rile Plan). ❑ Yes ❑ No Contribution SchccIA (i) 7.15 of Earnings, 00 $ OAO , or (iii) a whole perccnrage of Earnings between the range of (insert mange of pereenragri betrerem 1 % and .2096 inclusive (e.$ , 396, K96, or 2096, 5% to 7 },1, asdesignated by the Employee in accordance with guidelines and procedures established by the Fmployer.for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to diwontlnue or vary the rate of such contributions after becoming a Plan Participant, Employer "Pick u tom". The Employer hereby elects to "pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). 0 Ycs ❑ No ("Yes" au the defauk provision tender the Ran if as select or is mala) Cl C, El=liwi Window (Complete if, Option B is selected): Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) frim the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Pian. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the firsr of the month following rhe end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employees original election will resume. In no event noes the Employee have the caption of rec v iving the pick-up contribution amount directly. 2. 'The Employer may also elect to contribute as follows: ❑ A. BAcd Employer Match of Valuniary A ter -Tax fe Employer shall contribitte on behalf ofcach Participant °i, of Earnings for the Plan Year (stibiect to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed ')6 of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributioms, hur a Parricipant may decline to make the required Participant contributions in any Plan Year, in which case no Employer Contribution will be made on the Participant's behalf in that Plan Year. ❑ B. Variable Ealployet Maigh_ofYQUitaty After -Tact Particjp' nt ntribut o€ts The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): %+ of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding _% of Earnings or $ 1; I Neither can IRS advisor letter nor a derermination letter issued to un adopting Employer it a rrth by the lnternal Revenue .5ervice that Participant contributions Hiatt are bricked up" by the kniployer are no includable it) the Partieipant1t graft income for federal income tax purpoiet. Pick-up contributions are not ntandared to receive private letter ridings; however, if stn adopiing employer wishes to receive a reeling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate _% of Earnings or $ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or _% of Eatitings, whichever is __ more or less. 3. Each Participant may make avoluntary (unmatched), alter tart contribution, subject to the limitations of Section 4.05 and Article V of the Plan: ❑ Yes ❑ No ("No" is the default provision under the Plan eno, selection ;is made.) 4, Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the'Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): SEMIMONTHLY 5. Participant contributions for a Plan Year shall be contributed to theTtttst in accordance with the following payrnenr schedule (no later than the 15th day of the tenth calendar month Following the end of the calendar year or fiscal yrar (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): G. In the case of Participant performing qualified military service (as defined in Code section 41'4(u)) with respect to the Employer. A. Plan contributions will be made based on differential wage payments: ❑ Yes ❑ No ("Yet' ys the defaalt provarion under the Mot tfno selection is made.) If yes is selected, this is effective beginning January 1, 2009 unlessanother later a `. 'v • ate is fill i here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: C! yes. ❑ No ("No" is the default proohion under the flan ifno selert4on is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1. 2007, unless :another later effective date is filled in 1lvic: Money Purchase Plan Adoption Agreement VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: 1, Overtime 11 YM �No 2. Bonuses ❑ Yes No 3. Ocher Pay (specifically describe any other types of pay to be included below) VIII. ROLLOVER PROVISIONS 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plans ❑ Yes ❑ No.:("Yes" it the dafarxii pswvttf<ion trader the I'Grn if ao se&ttlorr is made.) 2. Direct rollovers by non•spou5c beneftciark-s are effecrivr for distribittions afret 2006 stmt. -ss the Plast delUgd making r ttt aV�llalrle. If aking such mllmrs available. cliecs t11 _I ►v ani Indic to the 1*t s i)v date in rhe s zy ce providcc). Effective Late is (Nota. Plans mart offer direct rol%vers by nonspouse beuefreiaries no litter than plan years 6rghrtring ref iev December 31, 2009.) M LIMITATION ON ALi,0ChTIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a Participant or could possibly, become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary, in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plats maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has. been indicted below. ❑ tither Method. (Provide the method under which the plaits will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period: 3. Unless the Employes elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning Un or After July 1. 2007. Mpe ej� fe dive Ate listed cannot be inter dran 90 days after the close of Wie first regular legis ttive session of the legislative body with atatherliy to amend the plan that begins on or of ler f my Y, 2007.) Money Purchase Plan Adoption Agreement Y— VFSTING PROVISIONS The Employer hereby specifies the Following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Admin 61rator, (For the blanks below, enter the applicable percent — hont 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Completed _ Percent Yested__._, Zero T 100 % 0111: Two 0/U Three. % Four % Five % Six% _W Seven % Eight _ % Nine % 'len % XI. WrMDRAWAIS AND LOANS 1, lei -service distributions are permitted under she plan after a participant attains (*--Ica one of the below options): ❑ Normal ltidrement Age rQ Age 70th (117o4411is the & auhprotrfiian ander tells Platt #»o selection is made.) IJ Alternate age (after Normal Retirement Age): ❑ Not permitted at any age 2, A Participant shall be deemtd to have a severance from cmployment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is perforating service in lite unifarmcd services for more than 30 days. 0 Yes ❑ No ("Yes" is the default jwvirian under the plan if no selection .it made.) 3. "1 ax- ree distributions ofup to $3,000 for the direct payment ofgtWifying insuranoe premiums for eligible retired public safety officers are available under the Plan; ❑ Yes ❑ No ("No' is the defasdt providion under Abe Pkx if no srlectiarr it Hiads.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. ❑ Ycs ❑ No ("No" is the de, oult provWon under the Asst if no selection is made.) 5, Loans -ase permitted under the Plan, as provided in Article XII]• of the Plan: Wf Yes ❑ No (-Na"IES the default provision under the Pkrt rf n a selections is nwded Money Purchase Plan Adoption Agreement 6 XII. SPOUSAL. PROTECTION The Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal furin of payment of benefits under the Plan is a lump sum. the Participant can name any person (s) as the Beneficiary of the Plan, with no spousal consent required. ❑ 2. Beneficiary Spousal Consent Election (Article X11). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Benefr Mq Spousal Consent Electron" is the default provision under the Ilan if, no selection is made.) ❑ 3, Qj5A Election (Article XVII). The nortnal form ofpaytncnt of benefirs udder the Man is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payutents, the spouse will receive an annuity for his or her lifetime. (ifC is seltcted, the spousal convent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS 'rhe Plan will provide fur Final Pay Contributions if either I or 2 below is selected. the following group of Employees shall be eligible for final Pay Contributions: ❑ All Eligible Employees ❑ Other: Final Pay shall be defined as (select one). ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (inert definition of Final Pay — nrr><st be leave that Employee would brave besn able to use f einpLnpnenr had continued and must he bona fide vacation andlor sick leave): ❑ ►- Employer Final Pay Contribution. The Employer shall contribute on behalf of each Nrcicipant °lo of Final Pay to the Plan (subject to the limitations of Article V of the Ulan). ❑ Z. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute 9'0 (insert fixed percentage of final pay to be contributed) or up to, % (insert nrtxiniurn percentage of final pay, to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Money Purchase Plan Adoption Agreement XIV' ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below, The following group OF Employees' shall be eligible for Accrue Leave Contributions; ❑ All Eligible Employees ❑ Other: —._.._ _ _..—.... Accrued ixave shall be defined as (select ones ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ O, Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): ❑ 1. Employer Accrued Leave Contribution, The Employer small contribute as follows (choose one of the following options): For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject u) the: limitations of Article V of the Plan). ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of accrued unpaid leave n) Ix' contributed] or up to % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Pian). Once elected, an Employee's election shall remain in force and may not be revised or revokeei. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoprion Agreement is to be used with only the ICMA Retirement Co".0rion Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on Match 31, 20.14. -1 lir Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the disco ntiettrance or abandonment of the Plan. The Employer understands that an amendment($) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. the Employer hereby appoints the ICMA Retirement C.orpnration as the Plan Administrator pursuant to the rernu and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement XVIIL 'the Employer hereby acknowledges it understands that failure to properly fill out, this Adoption Agreement may result in disqualification of the Plan. XDC An adopting Employer may rely on an advisory letter issued. by the Internal R-evertue Service as evidence; that ;the 17.1an is qualified undet se, 6 im1 301 of illy Niel 11141 Rcvcn u Code to the extent provided In applicable IRS revenue pr; a'ctlures and other official guidance. In Wirness'Mitreof the Employer hereby muses this Al ru menY to be'executed, on this 12th day of NP-ri 1 , 20 16, EMPI.OWR By: Print Name: Beifyrte ICMA RETIRENIENTCORPOIUVION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: Print Nanlen title: Mayor, City of' Rahnert Park Title: Attest: Money Purchase Plan Adoption Agreement ICNIA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Exhibit B icna�RC BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORA TION GOVERNMENTAL MO'NEN PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number t0- 8277 the Employer hereby establishes a Money Purchase Plan and Trust to be known as CITY OFROHNERT PARK 401(A) EXECUTIVE PLAN (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. 0 Yes ❑ No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF ROHNERTPARK 401(A) EXECUTIVE PLAN I. Employer: CITY OF ROHNERT PARK It. Effective mates 1. Effective Pate of Restatement if this document is a restatement of an existing plan, the effective date of the Plan shat! be January 1, 2407 unless'an alternate effective date is hereby specified: J )N. aa. 7014 (Note: An.alternate effective date cau be no earlier than.January 1, 2007.) ❑ 2. Etfccdve bate of New Plan, If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Sjpc ial Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. (Note provision and effective date.) III. Plan Year will mean: ❑ The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) The twelve (I 2) consecutive month period Commencing on JUNE 2A, 2014 _ and each anniversary thereof. IV, Normal Retirement Age shall be age 50.0 (not to exceed age 65). Important Near to Ewploye►s: Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a Participant must have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retiremenr Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to saeisfy this requirement, unless the Commissioner of Internal Rvvenue determines, that the facts and circumstances show otherwise, Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facrs and circumstances, but an Employer's good. faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where subsrantiallyall of the participants in the plan are qualified public safety employees within the meaning ofsectioit 72(1)(1:0)(13) of the Code, in which case an age of 50 or later is deemed nor to be rarlier than the a adirst age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees All Full Time Employccs Salaried Employees — Non union Employees Management Employers .,,,,_,.,, Public Safety Employees General Ernployexa V Other Employees (Specify the group(s) of eligible employers below. Donor specify employees by name: Specific positions are acceptable„) EWLOYEES EMPLOYED IN THE JOB CLASSIFICATION OF CITY UANAOER The group specified must correspond to a group of the same tlesignation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. "Che eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, pmvide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made undo the Plan. 2. 'The Employer hereby waives or reduces the requirement of a twelve (12) month Peiiod ol'Service for participation. The requited Period ofService shall be (write NIA if an Employee is eligible to participate upon employment) NA If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification, 3. A minimum age requirement is hereby specified for eligibility to participate. 17he minimum age requirement is INIA (not to excxcd age 2l. Write N/A if no minimum age is declared.) VI. CON` ill BUTION PROVISIONS 1, The Employer shall contribute as follows: (Choose ail that apply, but at least one ofQptions A or B. If Option A is n4i selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatary Putldpant Contributions. (If Option B is chosen, please complete section C.) 91 A. Ltitplizyer ' rtitrihlations. "Ilte Employer shall contribute on behalf of each Participant """ "" 4`u of Earnings or AYtAt:HCldEHTA tirr the Plan Year (subject to the limitations of Article V ofthe .Plan). Mandatory Participant Contributions ❑ are required 91 are not required to be eligible for this Employer Contribution. ❑ B. 1iory Pard °ire (sant Contributions- far Plan Participation.. Ctcuuired ManMan tory Contributions. A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: ❑Yes C1 No Money Purchase Plan Adoption Agreement _Lill loygq () st-lu MarulatorCot rrihutions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of rhe Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): ❑ Yes ❑ No Contribution Schcdulc. (i) % of Earnings, (ii) $ , or (iii) a whole percentage ofEarnings between the range of (insert range, of percenggrs betuem I% and 2096 indwive (e.g., 3 96, 6%. or 2096; 5% to 796)), as designated by the Employee in accordance: with goidelirlcs and prrtcedums established by the Employer Flr the plan Year as a condition of participation in the Plan, A Participant must pick a single percentage and shall not have the right to discontinue or vary the utc (A'such contributions ager becoming a plan Participant. Employer "Pick up� . The Employer hereby elects to "pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). ❑ Yes ;5 No ("Per" is rhe drf full provision under the ripen rf no selection is math. ❑ C. EtLaiwi 1 bid.Qiv. (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of days (no more than 00 calendar days) from the date of initial eligibility during which, they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in rhe Plan. In the event of reemployment to an eligible position, the Employees original election will resume. In no event does the. Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: ❑ A. Fixed Employer MaLch. Ilie Employer shall contribute on behalf of each Participant % of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for well Plan Year that such Participant has contributcd ^% of Earnings or $ . Under this option, there is a single. fixed rate of Empinyer contributions, but a Participant may decline to make the requited Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. ❑ B. Vart;ihie En 1ployg' Match of Voltlttta _ After Tax Partic�nant _�s ,tllrtt[ [It , The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): — % of the Voluntary Participant Contributions, made by the Participant for the. Plan Year (not including Participant contributions exceeding % of Earnings or $ l; I Neitheron 1115 c dvito{yr letter nor a detertrtltetidon leurr [cued to tits adepting Ftnp#oyer 11a ruting by the Internal Revenue Servi r elierc Parrieipan i ronrributlara that etre %ricked up" tip the F.ntpluyer rare not includable in the Partidpant'sgrrrss incorne for renal incmare ear purpores. Pick-up contributions are not mandated to receive private letrerrulings, however, ifan adopting miployer ivishet to reveia+e a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate �% of Earnings or $ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or b/a of Earnings, whichever is_more or __ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: Cl Ycs 0 No ("No"is the default provision under the Plan if ria senectinn is rriade.) 4. Employer contributions for a Plan Year shall he contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which die Employer keeps its books) with or within which the particular Umiradon year ends, or in accordance with applicable law): CONTRIBUTION WILL BE MADE IN CONJUNCTION WITH THE CITY OF ROHNERT PARKS FIRST PAYROLL OF THE MONTH 5. Participant contributions for a Plan Year shall be contributed to the "frust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): G. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect Ed the Employer. A. Plan contributions will be made lyased on differential wage payments: 91 Yes ❑ No (-%W is the default prevision under the Plan if no srAvdo* is made.) If yes is selected, this is effective beginning January 1, 2009 unless another later elfetrtiye date Is ftlle[l in lite June 24, 2014 B. Participants who dic or bcxomc disabled will receive Plan contributions with respect to such servit e: ❑ Yes Q1 No ("No" is the default provision under Elie Plan if no s-eketion is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007, undo ss uj.,thit h-aef effective date is filled in here: Money Purchase Plan Adoption Agreement VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: I. Overtime ❑ Yes No 2. Bonuses ❑ Yes No 3. Other Pay (specifically describe any other types of pay to be included below) V11r, ROLLOVER PROVISIONS 1. 'The Employer will permit rollover contributions in accordance with Section 4.12 of the Platt: 9 Yes ❑ No ("Yes" is die defaalt providon ander the Plan ifno selretion is tirade.) 2. Direct rollovers by non -spouse beneficiaries are,effective for distributions after, 2006 unlet the Plan dclayet) Making th •m ayaLbie. If thev ' v 'ndk=A lac i a date in the space providrd. ❑ Effective Bate is (Note. Plans niu;t offer dltvct r'+olfauers by non4pouse benefuiarim no Meter dues plan years beginning after Deeember 31, 2009.) IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in. which any Participant in this flan is (or was) a participant or could possibly become a participant, the Employer hereby agaves to limit contributions to all such plans as provided herein, if necessary in order to avoid excros contributions (as tlescribe<1 in Section 5.42 of the Plan). L If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the. provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method tinder which the plans will limit total Annual Additions to the Maximum Permissible Amount, andd will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period: 3. Unless the Employer elects a, delayed effective date below, Article 5 of the flan will apply to limitations years beginning on or after fuly 1, 2007- (Ziac offeclive dater listed cannot be fitter than' o drys after the close of r1refirst r•eguhir legdsCatrve xettsian ofeke legishaive body with authority to amend the plan that begins on or after jzd1, 200 ) Money Purchase Plan Adoption Agreement X. VESTING PROVISIONS the Employer herelDyspe0fies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the coneurrenec of the flan Administrator. (Fot the blanc, below: enter the applicable per"ra _ from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Cr�nrilflerctl I'erccn t Vesied Zem 100 % One % Two ' 'rhme " Four % Five: % six % Seven % Eight % Nine % Ten % Xt. WITHDRAWAIAS AND LOANS 1. In-service distributions are permitted under [Fie Plan after a Pali icipant,attains (select ane of the below options): ® Normal Redrernent Age ❑ Age 70% (r`70*' is this de finuh provision under rile Plan ifna selection it nra^de.) d Alternate age Carter Normal lterircruent: Age). 91 Not permitted at any age 2. A Particip;anr shall br, deemed to have a. u-verAnce from empinymcm -mlely for purposes of eligibility. to receive distributions From Elie Pian during any period the individual is performing service in [lie uniformed serviCcs for more than 30 rays. Yes No rYes" it Am dgfault p,..W,,n r -d- At plrrn ifno.selecdon is Heade.) 3. Tax-free distributions ofup to $3,0(10 for the direct payment ofqualilying insurance premiums for eligible retired public safety Acers are available under. the Plan. ❑ Yes 19 No (Wo":it Ohm4farrltProvision:under dwClan if iso sekCHnn it mode.) 4. In-service distributions orihe 1�nl lover Accourtc ire perimitred under the Plan, as provided in Sect ion 9,07. Yes No C No"it the default prof ddan under dw Ptan ifno selection is nwde.) 5� i Dans are permitted under the i'I.ani as provided in.Artid. a XIN of theTian: ❑ Yes 0 No ("No"%r thr.default provision ander the Nan 1f ren selection is nraded Money Purchase Plan Adoption Agreement XII. SPOUSAL PROTW'FION The Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. 02. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upowdeath, thee surviving spouse is the Beneficiary, unless he drshe consents to the Participant's naming another Beneficiary. ("Beueficiary Spnusad Consent Election" is the tfsfirult provision ander the Plan ff Na seledion is nwde..) ❑ 3. QJSA flection (ArticleXV'Ii).'The normal form ofpayment ofbeoefits under the Plan is•a;5©% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participants death prior to cornmencing payments, the spouse will receive an annuity For his onccr lifetime, (if C is selected, the spousal consent regquitements in Article XII also will apply.) XIII. FINAL WCONTRIBUTIONS The flan will provide for'Final Pay Contributions if either 1 or 2 below h selecrcd. `Lhe following group of Employers shall be eligible for Final Pay Contributions: ❑ All Eligible Employees ❑ Other: Final Pay shall be defused as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D] Other (insert definition of final Pdy — must be brave thdt Employee would have been able to use if f einphtyme rt had continueel and most be bona frdr vacation audlar sick leave); ❑ I. Employer Final Pay Contribution. The Employer shall contribute on behalfofeach Participant % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Finial Pay Contribution, Each Employee eligible. to participate in the Plats shall be. given the opportunity at enrollment to irrevocably elect to contribute .,.. _ % (insert fixed percentage of final pay to: be contributed) or up to _—% (insect maximum percentage offinal pity to. be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may nor be revised or revoked. Money Purchase Plan Adoption Agreement XIV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either i or 2 is selected below. The following group of Employees shall be eligible forAccrued Leave C,pntributionsi ❑ All Eligible Employees ❑ Other: Accrued Leave shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): ❑ 1. >rnsployer Accrued. Leave Contribution. The Employer shall contribute as follows (choose one of the following options): ❑ For each flan Year, the Employer shall contribute on belulf ofr:wh Eligible Participant the unusul Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Platt (subject to .the limitations of Article V of the Plan). ❑ 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of accrued unpaid leave to lx contributed) or up to — `h+ (insert maximum percentage of :%ccrucd unpaid leave to tic contributed) of Accrued Leave to the Plan (subircr to the limitations of Article V of the Plan). Once elected, an Employe'r's election shall remain in force and may not be revisers or revoked. XV, The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the [CMA Retirement Corporation +Governmental Money Purchase flan and Trust. IN& ICMA Roirement Corporation C;overntnemal Money Purchase plan and `frust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. 'Ilse Plan Administrator hereby agrccs to inform the Employer of any amendments to the Plan made pitrsttant to Secxion 14-05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands chat an amendment(s) made pursuant to Section 1405 of the plan will become effective within 30 days of notice of the amendment(s) unless the ,Employer notifies the Plast Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Platt Administrator will be under no obligation to act as Administtator under rhe Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement XV111. 'I he Employer hereby acknowledges it understand that fail L,}re to properly fill out this Adoption Agreement may resulr al disquallfcation of the Plan. XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue SeWice as evidence that the Plant is qualified under section 401 of the internal Revenue Code to the extent provided in applicable 1 R5 revenue procedures and other official guidance. In Witness Whereof, the Employer hereby, causes this Agreement to be. executed on (his 12th clay of /April_ , 20 16 EM111-O ER By: Print Name: _Gina Belforte 1CMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: Print Name: Tid,. Mayor, City of Rohlnert Park Tide: Attest: TvloneyPurchase Plan: Adoption Agreement ATTACHMENT "A" TO THE CITY OF ROHNERT PARK MONEY PURCHASE PLAN ICMA-RC PLAN #108277 AND TRUST ADOPTION AGREEMENT VI. CONTRIBUTION PROVISIONS 1.A. Employer Contributions. The Employer shall contribute on behalf of each Participant the contribution amount or percentage of Base Salary specified in the Participant's employment contract with the City of Rohnert Park. This contribution is to be made each Plan Year (subject to the limitations of Article V of the Plan). The applicable provision of the Participant's employment contract is highlighted and attached hereto as an Exhibit. CITY MANAGER EEWLOYMENT AGREEMENT BETWEEN THE CITY OF ROB VERT PARK AND DARRIN JENXGNS EDIT «A94) OAK114839-1362-0502 A B. Basic Benefits (1) Automobile The City Manager shall be provided a monthly automobile allowance of $398,00 in exchange for making a vehicle available for the City Manager's own use and for City -related business and/or functions during, before and after normal wont. hours. By the City iManagernralcing the City Manager's personal automobile available for use, the City Manager is not precluded From using City vehicles for City business during, belare, and atier the normal workday on occasion, when appropriate. (2) Additional Benefitff The City Manager shall be entitled to all benefits, rights, and privileges accorded to non-public safety Management Unit except for the following: (i) City Manager shall not be entitled to Columbus and Admission Day holidays and shall either work on those holidays or use annual leave for those two City Holidays; (ii) City Manager shall not be entitled to receive retiree medical benefits currently offered to non-public safety Management Unit employees; (iii) City Manager shall be entitled to accrue annual leave hour up to a maximum of 1100 hours; and (iv) In addition to Base Salary, the City Manager shall receive 5% of his Base Salary placed into a deferred compensation 401(a) account established by the City. If there is any conflict between this Agreement and any resolution fixing compensation and benefits for non-public safety City Department Directors or other unclassified employees, this Agreement shall control. (3) 1 Lernal Revenue Carie, Compliance All provisions of this Section 43 are subject to the provisions and limitations of the Internal Revenue Code and its related regulations as amended from time to time. No requirement of any provision of this Section 4.B shalI be effective if it would violate any provision of the Internal Revenue Code or its related regulations, and the inability of the City to effectuate such requirements shall not constitute a breach of this Agreement. (4) Upon commencing employment as City Manager, City Manager shall be credited with his current accrued leave balances fox sick leave, administrative leave, and annual leave accrued in h.is prior positions with the City. City Manager's original hire date with the City—October G, OAK N,I839-1762.0502 i8 ICMA AEIIRFMENi CORPORATION. GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Exhibit C BUILDING PUBLIC SECTOR RETIREMENT SECURITY IGMA RE'T'IREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number 10- 8598 The Employer hereby establishes a Money Purchase Plan and 'Trust to be known as CITY OF ROHNERT PARK/PUBLIC SAFETY (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. Yes ❑ No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF ROHNERT PAR JPVBUC SAFM 1. .Employer. CITY OF ROHNERT PARK - TI. Effective nates Ll 1. Effective Date of Rrseateruatt. If this document is a rest itement.of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby specified: (Note: An alternate etfective date can be no. tarsier than January 1; '2007.) ❑ 2, Effective Date of New Plan, If this is a new Plan, the effective elate of the Plan shall be the first day of the Plan'Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special_ Effective dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. TERMINATE PLAN EFFECTIVE APRIL '12, 2016. PLAN BALANCE IS ZERO DOLLARS. (Note provision and effective date.) III. Plan Year will mean: ❑ The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) ❑ The twelve (12) consecutive month period commencing on and each anniversary thereof. IV. Normal Retirement Age shall be age (not to exceed age 65). Important Mom to l mployrrx: Normal Retirement Age: is significant for determining the earliest dare at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a I'articipant must have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plads Normal Retirement Age. The Normal Retirement Age cannor be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Money Purchase Plan Adoption Agreement Whether an age between 55 and Gl ssrisfiies this requirement depends ()It the iscrs and circtnnstance<i, but an Employerx gootl faith, reasonable determination witl generally be given deFcrence. A special rule, however, applies in the case of a plan where substantially sill of the participants its the plan are qualified public safety employees within the meaning of section 72(t)(10)(E3) of the Code, in which carr an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V'. ELIGIBILITI`Y REQUIld MENTS 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees All Full Time Employees — Salaried Employees _ Non union Employees — Management Employees ,F Public Safety Employees General bnploycc:s ✓ Other Employed (Specify the group(s) of eligible employees below no not specify employees by name, Specific positions are acceptable.) HIRED PRIOR TO 7177 the group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or tither material in effect in the state or, locality of the Employer. 'the eligibility requirements cannot be such that an Employee bccomes eligible only in tate Plan Year in which the Employee terminates employment. Note- As stated in Sections 4.07 and 4.08, the plan may, however, provide that Final stay Contributions, or Accrued 1,,eavc Contributions are the only contributions matte under the Plan, 2, The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NIA ifan, Employee is eligible to participate upon employment)_ If this waiver or reduction is elected, it shall apply to all Employees within the.Covered Employment Classification, 3. A minimum age requirement is hereby specified'for eligibility to participate. The minimum age requirement is (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shrill contribute as follows (Chowe all that apply, but at least one of Options A or B. If Option A is= selected, Employer roust pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory P"cipaht Contributions, (If Option A is chosen, please complete section C.) ❑ A. ;plq rS s�tt►r'sb ,�c+ans The Employer shall contribute on behalf ofeach Participant e/n of Earnings or $ for rhe Plan Year (subject to. the limitations of Article V of the Plan). Mandatory Participant Contributions ❑ are required ❑ are not required to be eligible for this Employer Contribution. ❑ B. lyf jAdatoot Participant .-garributinn. for ELtn Partici zatian. R. q, wire Mary C'StntrfutTlons, A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: ❑ Yes ❑ No Money Purchase Plan Adoption Agreement C:tnnit ys Opt -In MandatnrX Co tributions. Each Employee eligible to participate in the Plan shall he given Elie opportunity to irrevocably elect to participate in the Mandatary Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): ❑ Yes ❑ No Cuntriburion 5chWt ule. (i) % of Earnings, (ii) $ , or (iii) a whole percentage of Earnings between the range of (inrers range of pereentrager hetruren l alit inut 20% intheive (erg.. 396, 6%, or 20%- 5% to 796)), as desi6mated by the r=ployer in accordance with guidelines and procedures established by the. Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. EL%jloye"Pick ilii". 'Elie Employer hereby elects to "pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). ❑ Yes ❑ No ("Yes" is the default provision under the Plan eno seiredon is made.) ❑ C_ %ls;ction Window (Complete if Option d is selected): Newly eligible Employees shall be provided an election window of days (no more thin 60 calendar days) from the date of initial eligibility during which they: may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceatzs to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2 The Employer may also elect to contribute as follows: ❑ A. - ti�lu�tt[ Cantttiburions. Ilse Employer shall contribute on behalf of each Participant _% of Earnings for the Plan Ym (subject to the limitations ofArririe V of the Plan) fur cuclt Plan Year that such Participant h contributed ,.,_% of Earnings or $ ., Under this, option, there is a single, fixed tate of Etttpluyer L01itributi{ns, but a Participant may decline to make the resluircd Rat tit ipant contributions in any flan Year, in which case no Employer contribution will be malt on the Partitipai,t's behalf in that Plan Year. ❑ B. Variable Etstplal+Vr Match of VQlltrst.irv. E'4):ter-� itx P;trricipinr,ptti[lltt[s Ilia Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): _ % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding % of Earnings or $ 1; I Neither an IPS advisory letter nor a deter)ninariou letter issued roan adopting [Fmphyer it a ruling by ibr lumrnal Revenue &rviee that Pwrtiripant rontriliretionr #liar are 5irked up" by the h'inpliryer are trot includable it, the i'areicipant'tgrnrr rnronte fir fedend inewne tax purpnrrr, kirk-up.cantriburianr art nor mandated to receive prioare letter ruling, holorver, iifarr suluptr•ng easployer whit.# io rereive a ruling an pick -rep rarrarilrutions they tray requesi one in rre•rardanre uoitb Revenue 1'recedure 2012-4 (or tubrerluene guidance). Money Purchase Plan Adoption Agreement PLUS __% of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate —% of Earnings or $ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or _% of Earnings, whichever is —. more or __ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subjta to the limitations cif `it-crion 4.05 and Article V of the Plan: ❑ Yes ❑ No ("No" is the default provision utseler the Pian #'no selection is mune.) a. Employer contributions for a Plan Year shall be contrilzurcd to the Trust in accordance with the following payinmc schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): 5. Participant contributions for a Pian Yc:tr shall be Lontributed to the Trust in accordance with the fitllowing paymrnt schedule (no later than the 15th day of the tenth calendar month following the end of the calendar yr.^ar or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): 6. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments. ❑ Yes ❑ No C'Yu" is the default provision under the Plan if no sekc7%n & made.) If yes is selected, this is effective beginning January 1, 2000 nnless another later effective date: is filled in here: B, .Participants who die or become disabled will receive Plan contributions with respect to such service: Cl Yes ❑ No ("No" it the defaubpeopLdou under the Llan tf no sekttibtt is rude.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military servile on or after January 1, 2007; unless another later effective date is filled. in here. Money Purchase Plan Adoption Agreement VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: 1. Overtime 13 Y':' No 2. Bonuses 11 Y, No 3. Ocher Pay (specifically describe any other .types of pay to be included below) VIII. ROLLOVER PROVISIONS 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: ❑ Yes C1 No (" Yes" it the. defog t provision render the Pian ifn® sslertion is ma,&) 7 nimct rollovers by nott-stwuse beneficiaries are effective for distributions after 2006 unless the Plan delaytd pigklng_ than avallablc. It the flan delayed m3lci���rllr Ye ava11,I,Ie,, 1in-k slEt: [,v% hel4w and indicate r e leder effective [late in the Wg provided. ❑ Effective Date is (Notts Plans mast offer dicta rollovers by Iron -spouse beneficiaries no tarter than plan years beginning after Der mber 3l, ,20"09. ) DL MUTATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby gees to limit contributions to all such, plans as provided herein, if necessary in order to avoid excess contributions (as described in Scaion. 5.02 of the Plan). 1. If the Participant it covered under another -qualified defined contribution plan maintained by the Employer, the provisions of Section 5.I12(a) through (e) of the Plan will apply unless another method his been indicated below. ❑ tither Method, (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce; any excess amounts, in a manner shat precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period: 3. Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning on or after July 1, 2007. (Yhe eff rrivr date listed cannot be later than go days after the close of'rhe first regular legislative session of the legi atfve body with authority to amend the plan that begins on or gfter f ulyr 1, 2007.) Money Purchase Plan Adoption Agreement X. VESTING PROVISIONS "the Lntl1116yer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence ofilie plan Admitrbaramr. (Por Chv, blanks 6dowi enter the applicable percent- €tom 0 ur 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Completed Percent zero % one % Two % 'Three % Pour % Fwe % six .�.�.� % Start % F*t _ IN, Nine %� Ten. % %I. WITHI)RAlVAiSAND LOANS 1. In-service distributions are permitted under the Plan after a participant amdns (select one of the below options): ❑ Normal Retirement Age ❑ Ago 7M (67M"is the defirsdi p vision under tha.1'14n ff no sekrrinn QCs made. ❑ Altrtnare.,age (after Normal Retirement Age):.. Q Not permitted at any age 2. A Pwticipant shall be dccrned to have a severance from employment solely for purposes of eligibility to retrive distributions from the Plan during, any period the individual is petforming,sravice in the uniformed scrvioz for more than 30 days. ❑ Yes ❑ No (-Y&-is thtr drf5m1t ptatrl &n under dw plan if no select on ft merdr ) 3, Tata -free d isrributions of up to $3,0470 for the direct piyment,of qudifying insurance premiums for eligible rented: public safety oflicers are available under the Plan. ❑ Yes ❑ No ("Nb" fs the default prarrfrlon under the Plan tfsito srlertion h made.) 4. In-service distributions of dee Rollover Account are permitted under the P&n, as providedin Stxtion 9.07, ❑ Yes C1 NG ('WisdViWaullprovisios U#&r rhs.Plan if no sdettiax it made.) 5. Loans are permitted under the Plan, as provided in Article XIII of the Plan: ❑ Yes ❑ Nn (""No" is A! de, fault praidsion under * PLta if no settctson its math,) Money Purchase Plan Adaption Agreement 6 XII. SPUUSAL PR(3TE.CTION The Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. `Ike. Participant can narne any person(s) as the Beneficiary of the Platt, with no spousal consent required. 132. Beneficiary Spousal Consent Election (Article X1 I). "The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Ben: iriary Spousal Consent Neeltion" to the diyirult provision ruede)• the Plan if.' no selection is mad:.) ❑ 1 QJSA Elcu"son (Article XVII).'The normal form of payment ofbencfivi under the Plan is a 509to qualified jokit +nd survivor :inanity wirli the spouse (or life anntsity, if single), 1n the event of the Panicipanr's dt.vh pi ioi io commencing payments, the spouse will receive an annuity for his or her lifetime_ (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAYCONT'RIBUTIONS The Plait will provide for Final Pay Contributions if either I or 2 below is selected. The following group of Employees shall be eligible for Fina) Pay Contributions: ❑ All Eligible Employees ❑ Other: Final Pay shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ la.. Other (imcrt rlrfitrition of lfinal nay - rnuri be leave that Employee would have been able to use ifemployment loud continued ami must be liana fide vacation anAr sick leave); ❑ I, E.ntployer Final Pay Contribution. The Employer shall contribute on behalf of each Participant % of Final Pay to the Plan (subject to the limirations of Article V of the Plait). ❑ 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in'the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of final pay to be contributed) or up to 9& (inserr maximum percentage of final }gay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Money Purchase Plan Adoption Agreement XiV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: ❑ All Eligible Employees ❑ Other: Accrued 1,cave shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ b, Other (insert definition ofaccrued leave chat is bona fide vacation and/or sick leave): ❑ 1. Employer Accrued 1 --ave Contribution<'lhe Employer shall contribute as follows (choose one of the following options): ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of -- (i nsert numbe,r of houts/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). Q For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant . �9h of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee I3esignatcd Accrued Leave Contribution. Each eligible Participant shall be•given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of accrued unpaid leave to be contributed) or up to _ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employees election shall remain in force and may not:be revised or revoked. W The Employer hereby artescy that it is a unit ofsrate or local government or an agency or instrumentality of one or more units of stare or local government. XVI. ']lie Employer understands that this Adoption Agreement is to be used with only the.'ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of previous plan, which was submitted to the Internal Revenue.Service fitr approval on April 2, 2012, and teceivcd approval on March 31, 2014. `lhe Plan Administrator hereby agrees io inform the Employer of any amendments to the plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan_ /lie Employer understands that an amendments) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). if the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII: The Employer hereby appoints the 1CMA Retirement Corporation :Ls the Plan Administrator pursuant ro the terms and conditions of the 1CMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement XVlli: The Employer hereby acknowledges it understands that failure to :properly fill out this Adoption Agreement may result in disrinalificarion of the Plan_ XIX. An adopting Employer may rely an an advisory lerter: issued by the icuernal Rcvcnue Scrvicc as evidme thio. the Plan is qualified under section 4.01 of the Internal Revenue Code to the extent pruvidmi inapplicable IRS revenue procedures acid other official guidance. In Wiuress Whereof, the P.nrployer herebycauses this Agrccrnent to be executed on this 12th clay of April .20 16 . EMPLOYER By: Print Namc: Gina Bel.forte ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800»326-7272 By: Print Name - Title: Mayor, Cit- of Rohnert Park Tide: Aaest: Money Purchase Plan Adoption Agreement