2021-36RESOLUTION NO. 2021-36
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF BLAIR,
NEBRASKA:
1. Adoption of Second Amendment to the City of Blair, Nebraska Civilian Employ
Pension Plan: NOW, BE IT RESOLVED, that the City shall amend and it hereby
does adopt a Second Amendment to the City of Blair, Nebraska Civilian Employees'
Pension Plan (the "Civilian Plan") in the form of the Amendment document attached
hereto and by this reference fully incorporated herein. The purpose of said
Amendment is to remove a participant's ability to opt out of the Civilian Plan upon
initial eligibility, to increase mandatory contribution percentages for all Participants
in the Plan by 1%, and to adopt certain changes enacted under the Setting Every
Community Up for Retirement Enhancement Act of 2019.
2. Adoption of First Amendment of the City of Blair, Nebraska Deferred Compensation
Plan: NOW, BE IT RESOLVED, that the City shall amend and it hereby does adopt
a First Amendment to the City of Blair, Nebraska Deferred Compensation Plan (the
"457(b) Plan") in the form of the First Amendment document attached hereto and by
this reference fully incorporated herein. The purpose of said Amendment is to
increase employer matching contributions to correspond with matching contributions
under the Civilian Plan.
3. Authorizations: NOW, THEREFORE, BE IT FURTHER RESOLVED, that the
Mayor and other appropriate elected officials and officers of the City of Blair shall
be, and they hereby are, authorized to do all things necessary to carry out and
accomplish the foregoing Resolutions, including the execution of any document or
amendment which may be necessary or appropriate to amend and administer the
aforesaid Plans, including such actions as may be necessary or appropriate to achieve
and maintain tax qualification of the aforesaid Plans under Sections 401(a) or 457(b),
as applicable, of the Internal Revenue Code of 1986, as amended.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON ROLL
CALL, COUNCIL MEMBERS SHEPARD, STEWART, RUMP, JENSEN, HALL, WOLFF AND
SCHANK VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `NAY", THE
MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS
9TH DAY OF NOVEMBER, 2021.
BY:
CITY OF BLAIR, NEBRASKA
RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
Oy-NEBRASKA )
ss:
NGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of
November, 2021.
BRENDA WHEELER, CITY CLERK
FIRST AMENDMENT
CITY OF BLAIR, NEBRASKA DEFERRED COMPENSATION PLAN
The City of Blair, Nebraska Deferred Compensation Plan (the "Plan"), as established
effective July 1, 2008, is hereby amended as follows:
Section 4.02(b) of the Plan is hereby amended effective January 1, 2022, as follows to
increase matching contributions for Participants first employed before January 1, 2008:
"(b) For an Eligible Participant who was employed by the Employer before
January 1, 2008, the Matching Contribution shall be equal to 100% of the Elective
Contributions made by the Eligible Participant for such payroll period that do not
exceed a specified percentage of the Eligible Participant's Compensation for the
payroll period, with such percentage being equal to (i) six percent (6%) (seven
percent (7%) effective January 1, 2022), minus (ii) the amount, expressed as a
percentage of Compensation, of the Employer Contribution, if any, made (or to be
made) on behalf of such Eligible Participant for that payroll period under the City
of Blair, Nebraska Civilian Employees' Pension Plan and Trust."
The foregoing amendments to the Plan shall supersede the existing provisions of the
Plan to the extent those provisions are inconsistent with the provisions of this Amendment. The
remaining terms and provisions of the Plan are hereby confirmed and ratified in all respects
except insofar as the foregoing provisions of this Amendment amend the same.
IN WITNESS WHEREOF, the City of Blair, Nebraska, as Employer, has caused this
Amendment to the Plan to be executed by its duly authorized official, and the Trustee has
caused this Amendment to be executed this .' day of 0 C i 0 i'.1w C 2022.
THE CITY OF BLAIR, NEBRASKA,
Employer
By:
Official Title:
TREASURER OF THE CITY OF BLAIR,
NEBRASKA, Trustee
By:�
DOCS/2718835.2
SECOND AMENDMENT
CITY OF BLAIR, NEBRASKA CIVILIAN EMPLOYEES' PENSION PLAN
The City of Blair, Nebraska Civilian Employees' Pension Plan (the "Plan"), as amended
and restated effective January 1, 2013, and as subsequently amended, is hereby further
amended as follows:
Section 2.05 of the Plan is hereby amended effective January 1, 2022, as follows to
remove the ability of a Plan Participant to elect not to participate:
"2.05 ELECTION NOT TO PARTICIPATE. A Participant who became eligible to
participate in the Plan prior to January 1, 2022, may make a one-time irrevocable
election to not participate in the Plan by filing a written election with the Plan
Administrator not later than 30 days after meeting the eligibility requirements of
Section 2.01. A Participant who becomes eligible to participate in the Plan on or
after January 1, 2022, may not make an election to not participate in the Plan and
must make contributions under the Plan as a condition of such Participant's
employment."
H.
Section 3.02(A) of the Plan is hereby amended effective January 1, 2022, as follows to
increase the mandatory contribution rate for Employees who became Participants in the Plan
prior to July 1, 2008:
"(A) Participants Before July 1, 2008. Any Employee who became a
Participant before July 1, 2008 shall contribute to the Trust an amount equal to
3%, 4%, 5%, or 6% of the Participant's Compensation for the Plan Year as
elected at the date of the Employee's admittance as a Participant; provided,
however, effective as of January 1, 2022, any Employee who became a
Participant before July 1, 2008, shall contribute to the Trust an amount equal to
7% of the Participant's Compensation for the Plan Year."
Section 3.02(8) of the Plan is hereby amended effective January 1, 2022, as follows to
increase the mandatory contribution rate for Employees who became or become Participants in
the Plan after June 30, 2008:
"(B) Participants After June 30, 2008. Any Employee who becomes a
Participant after June 30, 2008, including a former Participant who is reemployed
by the Employer after this date, shall contribute to the Trust an amount equal to
3% of the Participant's Compensation for the Plan Year; provided, however,
effective January 1, 2022, any employee who became or becomes a Participant
after June 30, 2008, including a former Participant who is reemployed by the
Employer after such date, shall contribute to the Trust an amount equal to 4% of
the Participant's Compensation for the Plan Year."
IV.
Section 6.02(A)(2)(a) of the Plan is hereby amended effective January 1, 2020, as
follows pursuant to the SECURE Act:
"(a) If the Participant's surviving spouse is the Participant's sole Designated
Beneficiary, then distributions to the surviving spouse will begin by December 31
of the calendar year immediately following the later of the calendar year in which
the Participant died, or the calendar year in which the Participant would have
attained: (a) age 70Y2 if the Participant would have attained such age before
January 1, 2020; or (b) age 72 if the Participant would have attained age 70/2
after December 31, 2019."
V.
Section 6.02(D)(5) of the Plan, as amended, is hereby further amended effective
January 1, 2020, as follows pursuant to the SECURE Act:
"(5) Required Distribution Date. The April 1 following the later of the calendar
year in which:
(a) For any Participant who attained age 701/2 before January 1, 2020, (i)
the Participant attains age 70Y2, or (ii) the Participant retires; and
(b) For any Participant who attains age 701/ after December 31, 2019, (i)
the Participant attains age 72, or (ii) the Participant retires."
VI.
Section 6.02 of the Plan is hereby amended effective January, 2020, by the addition of a
new subsection 6.02(F) pursuant to the SECURE Act, as follows:
"(F) No Required Minimum Distributions for 2020. Notwithstanding the
foregoing requirements of this Section 6.02, a Participant or Beneficiary who
would have been required to receive required minimum distributions in 2020 (or
paid in 2021 for the 2020 calendar year for a Participant with a Required
Beginning Date of April 1, 2021) but for the enactment of Section 401(a)(9)(1) of
the Code ("2020 RMDs"), and who would have satisfied that requirement by
receiving distributions that are either (i) equal to the 2020 RMDs, or (ii) one or
more payments (that include the 2020 RMDs) in a series of substantially equal
periodic payments made at least annually and expected to last for the life (or life
expectancy) of the Participant, the joint lives (or joint life expectancies) of the
Participant and the Participant's Designated Beneficiary, or for a period of at
least ten years ("Extended RMDs"), will receive this distribution. unless the
Participant or Beneficiary chooses not to receive the distribution. The Plan
Administrator shall provide a Participant or Beneficiary the opportunity to make
an election as to whether or not to receive the distribution of the 2020 RMDs. In
addition, notwithstanding Section 6.01(c) of the Plan, and solely for the purposes
-of applying the direct rollover provisions of the Plan, 2020 RMDs and Extended
2020 RMDs will be treated as eligible rollover distributions."
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VII.
The foregoing amendments to the Plan shall supersede the existing provisions of the
Plan to the extent those provisions are inconsistent with the provisions of this Amendment. The
remaining terms and provisions of the Plan are hereby confirmed and ratified in all respects
except insofar as the foregoing provisions of this Amendment amend the same.
IN WITNESS WHEREOF, the City of Blair, Nebraska, as Employer, has caused this
Amendment to the Plan to be executed by its duly authorized official, and the Trustee has
caused this Amendment to be executed this day of November, 2021.
THE CITY OF BLAIR, NEBRASKA,
Employer
Official Title:
TREASURER OF THE CITY OF BLAIR,
NEBRASKA, Trustee
By:
DOCS/2718729.2
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