2013-11RESOLUTION NO. 2013 - 11
COUNCIL MEMBER JENSEN 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 Blair Fire and Rescue Volunteers' Service Award
Program:
WHEREAS, effective October 1, 2008, the City of Blair has established and
maintains the Blair Fire and Rescue Volunteers' Service Award Program (the
"Program ");
WHEREAS, effective October 1, 2008, the City of desires to amend the Program to
provide for full vesting of a Participant's Annual Account under the Program upon
the completion of three (3) Years of Vesting Service and to clarify that a forfeiture of
the non - vested portion of a Participant's Annual Accounts shall occur when the
Participant is no longer a member of the Blair Fire and Rescue Volunteers and not
solely because the Participant is not on the Volunteer's Certification List for a
particular Year of Service.
NOW, BE IT RESOLVED, that the City shall amend and it hereby does adopt, an
amendment to the Blair Fire and Rescue Volunteers' Service Award Program in
the form of the Amendment to the Program attached hereto and by this reference
fully incorporated herein.
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 Program, including such actions as may be necessary or appropriate to
achieve and maintain qualification of the aforesaid Plan as an eligible deferred
compensation plan under Section 457(e)(11) of the Internal Revenue Code of 1986,
as amended.
COUNCILMEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHEPARD.
UPON ROLL CALL, COUNCILMEMBERS SHEPARD, STEWART, JENSEN, KEPHART,
RYAN, CHRISTIANSEN, HALL, AND ANDERSEN VOTING "AYE" AND
COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 9TH DAY OF APRIL,
2013.
CITY OF BLAIR, NEBRASKA
BY (nee �'t
J S . 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 at a regular meeting of the Mayor and City Council of said City held on the 9th day of
April, 2013.
BRENDA R. WHEELER, CITY CLERK
A MENDMENTTO
�.
The Blair Fire and Rescue Volunteers' Service Award Program (the "Plan "), as
established by the City of Blair, Nebraska, effective October 1, 2008, is hereby
amended, as follows:
Section 5.1 of the Plan is amended as follows effective October 1, 2013, to
provide for full and immediate vesting upon attaining age 65 while an active Participant
and adopting a three -year cliff vesting schedule:
"5.1 Participant's Vested Rights The allocation of a portion of the
contribution to a Participant's Annual Account shall not give any
Participant any Vested right to all or any portion of the amounts so
allocated. Except as hereinafter specifically provided, the Vested right of
a Participant to amounts allocated to each of his Participant Annual
Accounts from contributions, adjusted by subsequent income, losses,
appreciation and depreciation thereof, shall depend solely on the total
Years of Vesting Service completed by the Volunteer Emergency
Responder, according to the following schedule:
Years of Service
Less than 3 years
3 years
Vested Percentage
0%
100%
Upon completing three (3) Years of Vesting Service, the Participant shall
have a. nonforfeitable interest in his Participant's Annual Accounts
established for each Year of Service in which such Participant is listed on
the Certification List each such Year of Service. Such Participant's Vested
interest shall be a proportionate equal share with all other Participants
listed on the Certification List for a Year of Service in the principal amount
of all contributions deposited into the Annual Account for such Year of
Service and all income derived therefrom.
Notwithstanding the foregoing provisions, all amounts allocated to a
Participant's Annual Accounts, adjusted by subsequent income, losses,
appreciation and depreciation thereof shall become fully vested and
nonforfeitable upon the date that a Participant attains age sixty -five (65) if
such Participant is then on the Volunteer Departments Certification List.
Section 5.5 of the Plan is amended as follows effective October 1, 2008,
to clarify the original intent that a forfeiture of the non - vested portion of a
Participant's Annual Accounts will occur when the Participant ceases to be a
volunteer member of the Volunteer Department and not when the Participant fails
to be on the Volunteer Department's Certification List before attaining age 65:
"5.5 Forfeitures Forfeitures of the non - vested portion of a Participant's
Annual Accounts shall be held as an unallocated portion of the Trust Fund
and will be credited with a proportional share of the total investment
earnings or loss and depreciation of the Trust Fund. Such unallocated
portion of the Trust Fund shall be used to finance the cost of operating the
Plan or reduce the City's current or future contributions to the Plan. A
Participant who fails to become fully vested in his Plan benefits shall forfeit
the non - vested portion of his Annual Accounts and all other Plan benefits
upon the earlier of:
(a) the Participant's death;
(b) the later of date set forth in Section 6.1(a) or Section 6.1(b);
or
(c) the date that the Participant is no longer a Volunteer
Emergency Responder by reason of resignation, disqualification or
other termination as a volunteer member of the Volunteer
Department."
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 has caused this
Amendment to Blair Fire and Rescue Volunteers' Service Award Program to vbe
AvimCi ifA by ifc Hi iIx/ a. ithoftonrl official And the Try istee has ca used this Amendment to
VI \V \✓M VV ✓M Ntl 16V �.V 6AIV f..�R VI I Ili�vva , • • � �� °
be executed this day of r - o .. f 1 2013.
Empl THE CITY OF BLAIR, NEBRAS&I
By:
O icial Title:
C ITY THE CITY OF BLAIR,
NEBR ASKA, Trustee
By:
DOCS/1167429.1
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