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RESOLUTION NO. 8476
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AMENDING DISTRICT'S PENSION PLAN AND
AUTHORIZING APPROPRIATE SIGNATURE
WHEREAS, the Truckee Donner Public Utility District adopted a defined
benefit pension plan on August 15, 1983; and
WHEREAS, changes and clarifications are required by the Internal Revenue
Service, TERFA, and the Retirement Equity Act of 1984; and
WHEREAS, the Board of Directors of the Truckee Donner Public Utility
District has determined it to be in the best interest of the District to
amend its present pension plan;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors as follows:
1. That the pension plan adopted August 15, 1983 be changed in
accordance with the second and third amendments, copies of
which are attached hereto and made a part hereof.
2. That the President of the Board be authorized to execute said
amendments.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public
Utility District at a meeting duly called and held on the 17th day of
.Decemh r.-.._..__ 1984, by the following roll call vote.
AYES: Corbett, Maass and Duffy.
NOES: None.
ABSENT: Cooley and Hamilton.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
'MdB
rtin , Pres nt
ATTEST.
Susan M. Craig, Deputy Dist ct Clerk
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SECOND
TO THE
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
DEFINED BENtFIT PENSION PLAN
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, hereby amends the Def fined Benef it Pension
Plan, which was adopted by said Employer on August 15, 1983. The effective of this
amendment is January 1, 1983.
The first paragraph in Article 4.1 of the Plan shall be labelled Raragra&4
Article 4.1 of the Plan shall be amended to include a second paragraph as follows:
(b) For the purposes of this Plan, each Plan of the Employer which is required to
be included in an aggregation group shall be treated as Top--Heavy if such group is
Top--Heavy. A Required Aggregation Croup shall mean each Plan of the Employer in
which a key employee is a participant, plus, each other plan of the Employer which
enables any Plan in which a key employee is a participant to meet the requirements
of Code Sections 401(a)(4) or 410. A Permissive Aggregation Group shall allow the
Employer to treat any Plan not required to be included in an aggregation group as
set forth above, as being part of such group if such group would continue to meet
the requirements of Code Sections 401(a)(4) and 410 with such Plan being taken
into account,
The first paragraph in Article 4.3 of the Plan shall be amended to read as
follows:
Notwithstanding the provisions of Section G of the Joinder Agreement, in the event
this Plan becomes a Top-Heavy Plan, the vested percentage of each employee who is
a Participant while the Plan is a Top-Heavy Plan, in his Accrued Monthly
Retirement Benefit, shall not be less than the percentage determined in accordance
with the following table.
IN 14ITNESS WHEREOF, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, has caused this Second
Amendment to be executed by its authorized Officer and the Trustees have accepted
said amendment and further confirm the Plan and Trust agreement in all other
respects as restated by this amendment.
Dated this 21 s�,h day of December, 198 4
L. Martin Duffy
Pr 'dent t Boar
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THIRD AMENDMENT
TO THE
TRU DONNER PUBLIC UTILITY DISTRICT
DEFINED BENEFIT PENSION PLAN
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, hereby amends the Defined Benefit Pension
Plan, which was adopted by said Employer on August 15, 1983. The effective date of
this amendment is January I, 1984.
The followinj provisions of the Joinder Agreement and the Plan which relate to
Y uol ntar Partici t Contributions shall be deleted,000
Section H(3) of the Joinder Agreement
Articles 3.20) and 3.3 of the Plan
Article 5.2 of the Plan shall be deleted:
The first sentence of Section K of the Joinder Agreement shall be amended to read
as follows,
The Benefit Accrual Computational Period shall be the 12 consecutive--month period
commencing on Date of Hire and each anniversary of the Date of Hire.
The first sentence of Section 1.10 of the Plan shall be mended to read as
Noma
follows;
Vesting Computational Period means the 12 consecutive-month period commencing with
the date an Employee first performs an Hour of Service for the Employer (Date of
Hire) and each anniversary of the Date of Hire, and, during which an Employee must
complete a Year of Service for vesting purposes.
Article IJQ(c� of the Plan shall be amended to read as follows,,
Benefit Computational Period means the period set forth in Section K of the
Joinder Agreement.
The following shall be added after the last paragraph of Article 4.1 a�„ f the
Plan:
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4K
For the purpose of determining the Accrued Benefit of any Employee, distributions
made with respect to such Employee during the 5-year period ending on the
determination date shall be included.
A new Article 4.1(c) shall be added to the Plan which shall read as follows:
(c) Special Rules: (1) the date for determining the present value of Accrued
Benefits of all Participants for Top-Heavy purposes for the first Plan Year shall
be the last day of the first Plan Year, (2) Any Rollover Contribution initiated by
an Employee and made after December 31, 1983, shall not be taken into account for
the purpose of determining whether this Plan is a Top-Heavy Plan. (3) If any
Participant is a non-key Employee for any Plan Year, but such individual was a key
Employee for any prior Plan Year, the Accrued Benefit for such Employee shall not
be taken into account. (4) For the purposes of computing the aggregate limitation
on benefits and contributions for a Employee who participates in defined benefit
and defined contribution plans maintained by the same Employer which are Top-Heavy
plans, paragraphs (2)(B) and (3)(B) of IRC Section 415(e) shall be applied by
substituting 1.0 for 1.25.
Article 6.9 of the Plan shall be amended addingthe f ollovi paragrajeh at the
0
end of Paragraph La).
41
Any increase to the $90,000 limitation stated above shall not be effective until
January 1st of the year for which such increase is established by regulations or
by the Secretary of the Treasury.
The following shall be added to end of Article 9.1 b.. of the Plan*
An amendment which has the effect of (i.) eliminating or reducing an early
retirement benefit or a retirement-type subsidy, or (ii) eliminating an optional
form of benefit, with respect to benefits attributable to service prior to the
amendment, shall be treated as reducing benefits.
IN WITNESS WHEREOF, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, has caused this Third
Amendment to be executed by its authorized Officer and the Trustees have accepted
said amendment and further confirm the Plan and Trust acyreement in all other
respects as restated by this amendment.
Dated this 21sttk day of December 198 4
L. Martin Duffy
President of--1tt6AoarcT --
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