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HomeMy WebLinkAboutCORRESPONDENCE - RFP - P926 PUBLIC SECTOR RETIREMENT PLAN, INVEST CONSULT (7)1 Resolution 03-6 Adopting the Second Amendment to the Poudre Fire Authority Old Hire Money Purchase Pension Plan And Trust Agreement as Amended and Restated, Effective December 24, 2001 WHEREAS, the Poudre Fire Authority (the "Employer"), established the Poudre Fire Authority Old Hire-City Money Purchase Pension Plan and Trust Agreement (the "Plan"), effective January 1, 1988; and WHEREAS, the Employer adopted the amended and restated Plan (the “2001 Restated Plan”), effective December 24, 2001; and WHEREAS, the Employer adopted via Resolution 02-13 the first amendment to the 2001 Restated Plan effective January 1, 2002; and WHEREAS, the Board of Trustees of the Poudre Fire Authority Old Hire Money Purchase Pension Plan and Trust Agreement have recommended the adoption of the 2001 Restated Plan amendments set forth herein; and WHEREAS, pursuant to ' 11.1 of the 2001 Restated Plan, the Employer has the authority to amend the Plan with the approval of at least sixty-five percent of the total votes cast by actively-employed eligible Employees and all former employees who are entitled to a benefit from the 2001 Restated Plan; and WHEREAS, after a duly conducted election, the 2001 Restated Plan amendments set forth herein were approved by at least sixty-five percent of the total votes cast by actively-employed eligible Employees and all former employees who are entitled to a benefit from the 2001 Restated Plan. NOW, THEREFORE, be it resolved by the Board of Directors of the Poudre Fire Authority that the 2001 Restated Plan is hereby amended, effective April 22, 2003 as follows: 1. ARTICLE VII. THE TRUST AND TRUST FUND, ' 7.13 Loans to Participants shall be revised to read as follows: 7.13 Loans to Participants: (a) General Rules: The Trustees, in accordance with a uniform and nondiscriminatory policy, may make a loan to any Participant (for purposes of this Section 7.13, the term “Participant” shall include “Former Participant”) who makes a written request for such a loan. The Trustees will promulgate rules and procedures regarding Participant loans. No loan to a Participant may exceed the Participant's vested Accrued Benefit. In addition, a loan, when added to the outstanding balance of all other loans to the Participant from this and any other 2 qualified Plan maintained by the Employer, may not exceed the lesser of: (1) $50,000 less the excess of the highest outstanding balance of loans from the Plan during the one-year period ending on the day before such loan is made over the outstanding balance of loans from the Plan on the day such loan is made; or (2) the greater of one-half of the value of the Participant's vested Accrued Benefit as of the last preceding valuation date or $10,000. (b) Security and Interest: All loans will be adequately secured and will bear a rate of interest considered reasonable on the date the loan was made. Participant loans will be considered a Participant-directed investment under Section 7.2 of the Participant requesting the loan and interest paid on the loan will be allocated to the account of the Participant-borrower. (c) Term of Loan: Any loan must be repaid in level payments of principal and interest at least quarterly within five years of the date on which it was made. However, any loan verified by the Trustees as used to acquire any dwelling unit used or to be used within a reasonable time as the principal residence of the Participant must be repaid within the time prescribed by the Trustees. If a Participant does not repay a loan within the time prescribed, in addition to enforcing payment through any legal remedy, the Trustees may deduct the total amount of the loan and any unpaid interest due on it from the Participant's Account when the Account becomes distributable under the Plan. IN WITNESS WHEREOF, this Resolution was adopted by the Poudre Fire Authority this 22nd day of April, 2003. POUDRE FIRE AUTHORITY By: ______________________________ Its: ______________________________ ATTEST: By: ______________________________ Its: ______________________________