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HomeMy WebLinkAboutResolution 1987 - 0113 (REPEALED)RESOLUTION NO..87-113 APPROVING REVISED DEFERRED COMPENSATION PROGRAM FOR MANAGEMENT AND DEPARTMENT HEADS A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6, 7,11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA, APPROVING REVISIONS TO THE DEFERRED COMPENSATION PROGRAM FOR THE MANAGEMENT AND DEPARTMENT HEADS OF THE DISTRICTS AND REPEALING RESOLUTION NO. 84—132 **.*** WHEREAS,the Districts,by Resolution No.81—166,adopted by the Boards of Directors on October 14,1981,approved and adopted a Deferred Compensation Plan;and, WHEREAS,as a part of the compensation program for certain District employees,and in conjunction with the adopted Deferred Compensation Plan,the Districts have previously approved certain contributions to the individual accounts of certain employees; and, WHEREAS,the Boards of Directors desire to revise the program of District participation.. NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County, Cal if ornia, DO HEREBY DETERMINE,RESOLVE AND ORDER: ~ç~ion ~:The Districts hereby approve a contribution of Districts’funds to the individual deferred compensation accounts of an annual sum equal to a maximum of three (3%)percent of the gross annual salary of the General Manager,Assistant General Manager and Department Heads (the “matching funds contribution”), provided said employees voluntarily withhold from their salary 1 and contribute an equal sum to the Deferred Compensation Plan. The Districts will further provide an additional contribution to the individual deferred compensation accounts of an annual sum equal to three (3%)percent of the gross annual salary of the employees described herein,exclusive of the “matching funds contribution”amount hereinabove described, without requirements for any matching contribution by the individual employees (the “non—matching funds contribution”). In the event the total sum contributed to the individual employee accounts comprised of the three (3%)percent non— matching contributions and the three (3%)percent matching contributions from the Districts,and the three (3%)percent matching contribution from the employee,exceeds the maximum permissible dollar amount of deferred compensation,as prescribed by the Internal Revenue Code or Internal Revenue Service Regulations,the Districts shall continue to provide three (3%) percent matching contributions,and the employee shall only be required to contribute such matching contribution sum as will provide a total of all contributions that will equal the maximum allowed by law. The participating Management/Department Head employees shall not be entitled to withdraw any “matching funds contributions” deposited by the Districts to the individual employee’s investment account under the Plan,except upon the death or retirement of the individual employee,or until the employee has completed three (3)years of employment and participation in the Plan.Upon the occurrence of any of the above,all funds then on 2 deposit will be deemed vested for the benefit of the employee’s account. The participating Management/Department Head employees shall not be entitled to withdraw any “non—matching funds contributions”that have been deposited by the Districts to the individual employee’s investment account under the Plan,during the three (3)years immediately preceding termination of employment,except upon the death or retirement of the employee. Section a:This program shall be for the benefit of the Management/Department Head employees and shall be terminated only by action of the Boards of Directors. Section 3:The General Manager and the Director of Finance are hereby authorized to execute individual Deferred Compensation Participation Agreements with each eligible employee,and are further authorized to execute any and all documents relating to investment and payment transactions relating to this Plan, provided that such documents are approved as to form by the District’s General Counsel. Section £:The revisions provided for in this Resolution shall become effective August 1,1987. Section ~:Resolution No.84—132 is hereby repealed. PASSED AND ADOPTED at a regular meeting of the Boards of Directors held this 12th day of August,1987. 3 V •STATE OF CALIFORNIA) SS. COUNTY OF ORANGE I,RITA J.BRCWN,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County, California,do hereby certify that the foregoing Resolution No.87-113 was passed and adopted at a regular meeting of said Boards on the 8th day of August,1987,by the following vote,to wit: AYES:Ben Bay,Roland E.Bigonger,A.B.“Buck”Catlin,John C.Cox,Jr.,Norman E.Culver,Richard B.Edgar,Harry S.Green,Don R.Griffin,Dan Griset,Robert Hanson,Evelyn Hart,Larry Herman,Ronald B.Hoes terey,John Kanel,Jack Kelly,Ursula E.Kennedy,William D.Mahoney,Philip Maurer, Tan Mays,Sally Anne Miller,J.Todd Murphy,James Neal,Carrey J.Nelson,Bob Perry,Don R.Roth,JR.“Bob”Siefen,Don E.Smith,Roger R.Stanton,John H.Sutton,Charles Sylvia, Martha Weishaupt,Edna Wilson NOES:None ABSENT:Arthur G.Newton,Wayne Silzel,Peer A.Swan IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 on behalf of itself and Districts Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,this 12th day of August,1987. Rita J.Brc~n,Secretary Boards of Directors,County Sanitation Districts Nos.1,2,3,5, 6,7,11,13 and 14 of Orange County, Calif ornia