HomeMy WebLinkAboutOCSD 03-33RESOLUTION NO. OCSD 03-33
AMENDING DISTRICT'S EXECUTIVE MONEY PURCHASE
PENSION PLAN AND TRUST (FOURTH AMENDMENT)
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT APPROVING THE FOURTH
AMENDMENT TO THE DISTRICT'S EXECUTIVE MONEY
PURCHASE PENSION PLAN AND TRUST
WHEREAS, the United States Congress enacted into law the
Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA");
and
WHEREAS, under the provisions of EGTRRA, the District's
Executive Money Purchase Pension Plan and Trust require an
amendment in order to conform to the newly-enacted legal requirements.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District,
DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: That the Fourth Amendment to the District's Executive
Money Purchase Pension Plan and Trust be, and hereby is, approved and
adopted in the form attached hereto as Exhibit "A".
PASSED AND ADOPTED at a regular meeting held December 17,
2003.
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FOURTH AMENDMENT TO
ORANGE COUNTY SANITATION DISTRICT
EXECUTIVE MONEY PURCHASE PENSION PLAN AND TRUST
RE
IRS MODEL AMENDMENTS FOR THE
ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT
PREAMBLE
1. Adoption and effective date of amendment. This amendment of the Plan is
adopted to reflect certain provisions of the Economic Growth and Tax Relief
Reconciliation Act of 2001 ("EGTRRA"). This amendment is intended as good
faith compliance with the requirements of EGTRRA and is to be construed in
accordance with EGTRRA and guidance issued thereunder. Except as
otherwise provided, this Amendment shall be effective as of the first day of the
first plan year beginning after December 31, 2001.
2. Supersession of inconsistent provisions. This amendment shall supersede the
provisions of the plan to the extent those provisions are inconsistent with the
provisions of this amendment.
SECTION A. LIMITATIONS ON CONTRIBUTIONS
1. Effective date. This Section shall be effective for limitation years beginning after
December 31, 2001.
2. Maximum annual addition. Except to the extent permitted under Section 414(v)
of the Code, if applicable, the annual addition that may be contributed or
allocated to a participant's account under the plan for any limitation year shall not
exceed the lesser of:
(a) $40,000, as adjusted for increases in the cost-of-living under Section
415(d) of the Code, or
(b) 100 percent of the participant's compensation, within the meaning of
Section 415(c)(3) of the Code, for the limitation year. The compensation
limit referred to in (b) shall not apply to any contribution for medical
benefits under separation from service (within the meaning of section
401 (h) or section 419(f)(2) of the Code) which is otherwise treated as an
annual addition.
SECTION B. INCREASE IN COMPENSATION LIMIT
The annual compensation of each participant taken into account in determining
allocations for any plan year beginning after December 31, 2001, shall not exceed
$200,000, as adjusted for cost-of-living increases in accordance with Section
401 (a)(17)(B) of the Code. Annual compensation means compensation during the plan
year or such other consecutive 12-month period over which compensation is otherwise
determined under the plan (the determination period). The cost-of-living adjustment in
effect for a calendar year applies to annual compensation for the determination period
that begins with or within such calendar year.
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SECTION C. DIRECT ROLLOVERS OF PLAN DISTRIBUTIONS
1. Effective date. This Section shall apply to distributions made after December 31,
2001.
2. Modification of definition of eligible retirement plan. For purposes of Section 7.1
of the plan, an eligible retirement plan shall also mean an annuity contract
described in Section 403(b) of the Code and an eligible plan under Section
457(b) of the Code which is maintained by a state, political subdivision of a state,
or any agency or instrumentality of a state or political subdivision of a state and
which agrees to separately account for amounts transferred into such plan from
this plan. The definition of eligible retirement plan shall also apply in the case of
a distribution to a surviving spouse, or to a spouse or former spouse who is the
alternate payee under a qualified domestic relation order, as defined in Section
414(p) of the Code.
Executed this 241h day of November, 2003
General Counsel
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