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2013-09RESOLUTION NO. 2013 - 9 COUNCIL MEMBER SHEPARD INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 1. Adoption of Amendment to the City of Blair, Nebraska Blair Police Retirement Plan and Trust: NOW, BE IT RESOLVED, that the City shall amend and it hereby does adopt, effective July 1, 2012, an amendment to the City of Blair, Nebraska Blair Police Retirement Plan and Trust (the "Plan ") in the form of the Amendment to the Plan attached hereto and by this reference fully incorporated herein. The purpose of said amendment is to adopt the amendments required by Nebraska Legislative Bill 1082. 2. 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 Plan, including such actions as may be necessary or appropriate to achieve and maintain qualification of the aforesaid Plan under Section 401(a) of the Internal Revenue Code of 1986, as amended, as said section applies to government plans. COUNCILMEMBER ANDERSEN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER HALL. UPON ROLL CALL, COUNCILMEMBERS SHEPARD, STEWART, KEPHART, RYAN, CHRISTIANSEN, HALL, JENSEN AND ANDERSEN VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF MARCH, 2013. CITY OF BLAIR, NEBRASKA QDA AES E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. 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 the City of Blair, Nebraska, held on the 12th day of March, 2013. BRENDA R. WHEELER, CITY CLERK The City of Blair, Nebraska Blair Police Retirement Plan and Trust (the "Plan "), as amended and restated effective January 1, 2008, and as subsequently amended, is hereby further amended effective July 1, 2012, as follows to incorporate certain provisions as required under Nebraska Legislative Bill 1082: I. Section 5.3 of the Plan is hereby amended to provide as follows: "53 Employee Contributions Prior to October 1, 2013, each Participant will have employee contributions deducted from his or her periodic salary payments in an amount equal to six percent (6 %) of the Participant's Compensation for such period. Effective with periodic salary payments made on or after October 1, 2013 and through September 30, 2015, each Participant will have employee contributions deducted from his or her periodic salary payments in an amount equal to six and one -half (6.5 %) of the Participant's Compensation for such period. Effective with periodic salary payments made on or after October 1, 2015, each participant will have employee contributions deducted from his or her periodic salary payments in an amount equal to seven percent (7 %) of the Participant's Compensation for such period. Such employee contributions shall be credited to the Participant's employee contribution account on a monthly basis, and shall be paid to the Pension Fund no later than the fifteenth (15th) day of the month following the month in which the employee contributions were deducted by the City from the Participant's salary." II. Section 5.4 of the Plan is hereby amended to provide as follows: "5.4 Matching Employer Contributions The City will make employer contributions for each Participant in an amount equal to one hundred percent (100 %) of employee contributions made under Section 5.3 of the Plan. Such contributions will be paid into the Pension Fund and credited to the Participant's employer contribution account on a monthly basis." III. Section 10.3 of the Plan is hereby amended to provide as follows: "10.3 Vesting Percentage The vesting percentage applicable to the Participant's employer contribution account for any Police Officer who incurs a Termination of Employment before July 1, 2012, shall be forty percent (40 %) after the completion of four complete years of Service (as defined in Section 4.1), increasing by ten percent (10 %) for each additional completed year of Service, up to one hundred percent (100 %) after the completion of ten (10) complete years of Service. The vesting percentage applicable to the Participant's employer contribution account for any Police Officer who incurs a Termination of Employment after June 30, 2012, shall be forty percent (40 %) after the completion of two complete years of Service, sixty percent (60 %) after the completion of four years of Service, eighty percent (80 %) after five years of Service, and one hundred percent (100 %) after seven years of Service. Notwithstanding the foregoing, a Police Officer who attains age sixty (60) while in the employ of the City shall be one hundred percent (100 %) vested in the amounts credited to his employer contribution account. The nonvested portion of a Participant's employer contribution account shall be forfeited upon Termination of Employment and accordingly reduce the Participant's Retirement Value under the Plan by the amount so forfeited." IV. The foregoing amendments to the Plan shall supersede the existing provisions of the Plan to the extent tho 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 i day of ACvC , 2013. THE CITY OF BLAIR, C Em By: O icial Title: �y . TREASURER OF THE CITY OF BLAII NEBR DOCS/1167028.1