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Resolution 2599 ,\" \.,. '-' RESOLUTION NO. 2599 2 3 A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AUTHORIZING AMENDMENT TO THE DISTRICT'S PENSION PLAN BE IT RESOLVED by the Board of Directors of the South 4 Tahoe Public Utility District, County of El Dorado, State of 5 6 7 8 9 10 11 12 13 14 15 California, as follows: WHEREAS, the South Tahoe Public Utility District Board of Directors has entered into the MOU dated 7/1/94 - 7/3/96 with the International Union of Operating Engineers', Stationary Local 39. WHEREAS, Section 2, Item B states: liThe District agrees to amend the Plan Document adding provisions which will allow participant loans from individual accounts in the Pension Plan." THEREFORE, be it resolved that the South Tahoe Public Utility District:,. Board of Directors authorizes the trustees to amend Sections 6.2 (c), 7.4, 9.2 (c), and Article VIII of the South Tahoe Public Utility District Pension Plan to provide participant ]6 loans. 17 PASSED AND ADOPTED at a duly held regular meeting of the Board 18 of Directors of the South Tahoe Public Utility District on July 21, ]9 1994, by the following vote: 20 AYES: Strohm, Mason, Wallace, Jones, Mosbacher 2] NOES: None 22 ABSENT: None 23 24 25 26 27 28 ~u~ DUANE WALLACE, PRESIDENT OF THE BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: KATHY SOUTH .' . ~ , ~ Amendment to the South Tahoe Public utility District Pension Plan This Amendment to the South Tahoe Public utility District Pension Plan (the Plan) is made and entered into this 21st day of Jalv 1994 WHEREAS, the parties hereto entered into this Plan effective July 1, 1968; and WHEREAS, it is the desire of the parties hereto to amend said Plan effective June 30, 1994, as hereinafter provided; and WHEREAS, any such amendment will not adversely affect the benefits already accrued as of the adoption date of this Amendment to the Participants under said Plan; and THEREFORE, Sections 6.2(e), 7.11, 9.2(c) will be added and Article VIII will be amended as follows: Section 6.2(e) - Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuity. ~ Section 7.4 - Loans to Participants (a) The Trustee may, in the Trustee's discretion, make loans to Participants and Beneficiaries under the following circumstances: (1) loans shall be made available to all Participants and Beneficiaries on a reasonably equivalent basis; (2) loans shall not be made available to Highly Compensated Employees in an amount greater than the amount made available to other Participants and Beneficiaries; (3) loans shall bear a reasonable rate of interest; (4) loans shall be adequately secured; and (5) shall provide for repayment over a reasonable period of time. (b) Loans made pursuant to this Section (when added to the outstanding balance of all other loans made by the Plan to the Participant) shall be limited to the lesser of: ~ ~ '~ (1) $50,000 reduced by the excess (if any) of the highest outstanding balance of loans from the Plan to the Participant during the one year period ending on the day before the date on which such loan is made, over the outstanding balance of loans from the Plan to the Participant on the date on which such loan was made, or ~ (2) one-half (1/2) of the present value of the non-forfeitable accrued benefit of the Participant under the Plan. For purposes of this limit, all plans of the Employer shall be considered one plan. Additionally, with respect to any loan made prior to January 1, 1987, the $50,000 limit specified in (1) above shall be unreduced. ~ (c) Loans shall provide for level amortization with payments to be made not less frequently than quarterly over a period not to exceed five (5) years. However, loans used to acquire any dwelling unit which,to within a reasonable time, is to be used (determined at the time the loan is made) as a principal residence of the Participant shall provide for periodic repayment over a reasonable period of time that may exceed five (5) years. Notwithstanding the foregoing, loans made prior to January 1, 1987 which are used to acquire, construct, reconstruct or SUbstantially rehabilitate any dwelling unit which, within a reasonable period of time is to be used (determined at the time the loan is made) as a principal residence or the Participant or a member of his family (within the meaning of Code Section 267(c) (4)) may provide for periodic repayment over a reasonable period of time that may exceed five (5) years. Additionally, loans made prior to January 1, 1987, may provide for periodic payments which are made less frequently than quarterly and which do not necessarily result in level amortization. ~ . . ~ c (d) Any loan made pursuant to this section after August 18, 1985 where the Vested interest of the Participant is used to secure such loan shall require the written consent of the Participant's spouse in a manner consistent with Section 6.5(a). Such written consent must be obtained within the 90-day period prior to the date the loan is made. However, no spousal consent shall be required under this paragraph if the total accrued benefit subject to the security is not in excess of $3,500. (e) Any loans granted or renewed on or after the last day of the first Plan Year beginning after December 31, 1988 shall be made pursuant to a Participant loan program. Such loan program shall be established in writing and must include, but need not be limited to, the following: (1) the identity of the person or positions \., (2) a procedure for applying for loans; (3) the basis on which loans will be approved or denied; (4) limitations, if any, on the types and amounts of loans of'fered; (5) the procedure under the program for determining a reasonable rate of interest; (6) the types of collateral which may secure a Participant loan; and (7) the events constituting default and the steps that will be taken to preserve Plan assets. \.., Such Participant loan program shall be contained in a separate written document which, when properly executed, is hereby incorporated by reference and made a part of the Plan. Furthermore, such Participant loan program may be modified or amended in writing from time to time without the necessity of amending this Section. ~ \., \., " .>>~ .;-. Section 9.2(c) - (c) This provision shall not apply to the extent a Participant or Beneficiary is indebted to the Plan, as a result of a loan from the Plan. At the time a distribution is to be made to or for a Participant's or Beneficiary's benefit, such proportion of the amount distributed as shall be applied against or used to discharge such loan indebtedness. Prior to making a payment, however, the Participant or Beneficiary must be given written notice by the Administrator that such loan indebtedness is to be so paid in whole or part from his Participant's Account. If the Participant or Beneficiary does not agree that the loan indebtedness is a valid claim against his Vested Participant's Account, he shall be entitled to a review of the validity of the claim in accordance with procedures provided in Sections 2.12 and 2.13. Article VIII - will be known as: AMENDMENT, TERMINATION, MERGERS AND LOANS IN WITNESS WHEREOF, the Corporation and Trustees have hereunder affixed their signatures at this 21st day of July. 1994 By: GU1AJ0t G)fJ.~_ Title: President. Board of Directors TRUSTEES tAl/~ ~ Rbbert G. aer, General Manager "~/iY)Al yYIc~CvJ)r~_ Rhonda McFarlane, Finance Officer ~ W~A <vyy\Ct41....^-..- Nancy Hus mann, Human Resources Director