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HomeMy WebLinkAboutReso 2009-039RESOLUTION NO. 2009-039 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE NATIONWIDE RETIREMENT SOLUTIONS GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST (401(A) PLAN) WHEREAS, in December 2001, the Chula Vista City Council approved a Deferred Compensation Plan pursuant to Internal Revenue Code section 401(a) for certain employees; and WHEREAS, the Plan provided for a mandatory employee contribution and an employer (City) contribution; and WHEREAS, on January 13, 2009, the City Council, as part of a budget reduction plan, voted to suspend the City's contribution for all participating employees except for the City Manager, City Attorney, and City Clerk, who all have employment contracts securing their 401(a) plans; and WHEREAS, this suspension would be effective starting on the pay period beginning January 16, 2009, through the end of the fiscal year 2009/2010; and WHEREAS, special tax counsel with the law firm Luce, Forward, Hamilton & Scripps has reviewed this matter and determined that the City may suspend its contributions and that the employees must continue their contributions as they were made through irrevocable elections; and WHEREAS, the City desires to amend the 401(a) plan accordingly. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Nationwide Retirement Solutions Governmental Money Purchase Plan and Trust (401(A) Plan). Presented by Maria achadoorian Finance Director Approved as to form by l ,~ ~ a `;~.9~ .~.;~~~ Bazt C. Miesfeld City Attorney ~ Resolution No. 2009-039 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of Mazch 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann Cheryl Cox, yor ATTEST: ~~~a ~0~ Donna R. Noms, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-039 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 3rd day of Mazch 2009. Executed this 3rd day of Mazch 2009. Donna R. Noms, CMC, City Clerk