2023-17RESOLUTION NO. 2023-17
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF BLAIR,
NEBRASKA:
1. Adoption of Third Amendment to the City of Blair, Nebraska Civilian Employees'
Pension Plan: NOW, BE IT RESOLVED, that the City shall amend and it hereby
does adopt a Third Amendment to the City of Blair, Nebraska Civilian Employees'
Pension Plan (the "Civilian Plan") in the form of the Third Amendment document
attached hereto and by this reference fully incorporated herein. The purpose of said
Third Amendment is to amend the definition of "Employee" to exclude any
employee who is classified by the City as a "City Administrator".
2. Adoption of Second Amendment to the City of Blair, Nebraska Deferred
Compensation Plan: NOW, BE IT RESOLVED, that the City shall amend and it
hereby does adopt a Second Amendment to the City of Blair, Nebraska Deferred
Compensation Plan (the "457(b) Plan") in the form of the Second Amendment
document attached hereto and by this reference fiilly incorporated herein. The
purpose of said Second Amendment is to provide for a Matching Contribution for a
City Administrator equal to 100% of the City Administrator's Elective Contributions
that do not exceed seven percent (7%) of the City Administrator's Compensation.
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 HAFER.
UPON ROLL CALL, COUNCIL MEMBERS FERRARI, HAFER, HIGHFILL, PAULSEN,
SANDVOLD, SCHANK, WOLFF, AND WILLIS VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF MAY 2023.
CITY OF BLAIR,
ATTEST;
BRF-YW;A WHEELER, CITY CLERK
�;• � r
C�
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Cleric 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
May, 2023.
BRENDA WHEELER, CITY CLERK--,,
SECOND AMENDMENT
CITY OF BLAIR, NEBRASKA DEFERRED COMPENSATION PLAN
The City of Blair, Nebraska Deferred Compensation Plan (the "Plan"), as established effective
July 1, 2008, and as subsequently amended, is hereby further amended effective April 28, 2023, as
follows, to provide for a Matching Contribution for a City Administrator equal to 100% of the City
Administrator's Elective Contributions that do not exceed seven percent (7%) of the City Administrator's
Compensation:
I.
Section 4.02(a) of the Plan is hereby amended effective April 28, 2023, to provide as follows:
"(a) For an Eligible Participant who was first employed by the Employer on or after
January 1, 2008, and, effective April 28, 2023, who is not classified by the Employer as a
City Administrator, 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
three percent (3%) of the Eligible Participant's Compensation for the payroll period.
Effective April 28, 2023, for an Eligible Employee who is classified by the Employer as a
City Administrator, the Matching Contribution shall be equal to 100% of the Elective
Contributions made by such Eligible Participant for such payroll period that do not exceed
seven percent (7%) of such Eligible Participant's Compensation for the payroll period."
II.
The foregoing amendment to the Plan shall supersede the existing provisions of the Plan to the
extent those provisions are inconsistent with the provisions of this Second 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 Second 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 Second
Amendment to be executed, this 9 day of May, 2023.
THE CITY OF BLAIR, NEBRASKA,
Employer
;9
By.
Official Title:
TREAw�
SURER OF THE CITY OF BLAIR,
NEBRASKA, Trustee
By: 61(-,� (X)
DOCS/2969367.1
THIRD 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
effective April 28, 2023, as follows, to amend the definition of `Employee" to exclude any
employee who is classified by the City as a "City Administrator":
Section 1.06 of the Plan is hereby amended effective April 28, 2023, as follows:
"1.06 "Employee" means any civilian employee of the Employer who is
regularly scheduled to work 40 or more hours per week for the Employer;
provided, however, effective April 28, 2023, the term "Employee" shall not
include any employee of the Employer who is classified by the Employer as a City
Administrator. In no event shall any person who is classified by the Employer as a
Leased Employee or an independent contractor, or the employee of such
independent contractor, be an Employee and eligible to participate in the Plan
during the period of classification, regardless of the conimon or tax classification
of such person under the work relationship with the Employer."
II.
The foregoing amendment to the Plan shall supersede the existing provisions of the Plan
to the extent those provisions are inconsistent with the provisions of this Third 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 Third Amendment amend the same.
IN WITNESS WHEREOF, the City of Blair, Nebraska, as Employer, has caused this
Third Amendment to the Plan to be executed by its duly authorized official, and the Trustee has
caused this Third Amendment to be executed, this 9th day of May, 2023.
THE CITY OF BLAIR, NEBRASKA,
Employer
By:
fficial Title: �A ay 0
REEA
TRR OF THE CITY OF BLAIR,
NEBRASKA, Trustee
By; lti �J`\
DOCS/2969385.1