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Resolution 2581 ,....t \r 2 3 4 5 6 7 8 '-" RESOLUTION NO. 2581 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY DISTRICT APPROVING A DEFERRED COMPENSATION PLAN DOCUMENT FOR THE EMPLOYEES OF SOUTH TAHOE PUBLIC UTILITY DISTRICT BE IT RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, state of California, as follows: WHEREAS, the Deferred compensation Plan, hereinafter 9 referred to as the Plan, has been established for the benefit of 10 the South Tahoe Public Utility District employees; and II WHEREAS the Board of Directors desires the Plan be in 12 conformance with California Government Code S 53212-53214, and as 13 provided in section 457 of the Internal Revenue Code of 1986. 14 NOW THEREFORE BE IT RESOLVED, by the Board of Directors 15 of South Tahoe Public Utility District, a public agency in the 16 County of El Dorado, State of California as follows: 17 The Board of Directors adopts the attached Plan 18 Document establishing the Deferred Compensation Plan for the 19 District's employees; and 20 The attached Plan Document re-states and supersedes all 2] previous Plan documents 22 September 1, 1977. 23 xxxxxxxxxx 24 xxxxxxxxxx 25 xxxxxxxxxx 26 xxxxxxxxxx "- 27 xxxxxxxxxx 28 xxxxxxxxxx since the Plan's original adoption on 't..- ~ '-' Resolution No. 2581 - Page 2 2 3 4 PASSED AND ADOPTED at a duly held Regular Meeting of 5 the Board of Directors of the South Tahoe Public utility District 6 on the 18th day of November, 1993 by the following vote: 7 AYES: Directors Pierini, Mosbacher, Mason, Wallace 8 NOES: None 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 None (One seat is vacant~ /) ~~ LOU PIERINI, CHAIRMAN OF THE BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ABSENT: ATTEST:Ytd: a ~~ PAT A. MAMATH, LERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT .., .- Resolution No. 2581 \.., SOUTH TAHOE PUBLIC UTILITY DISTRICT DEFERRED COMPENSATION PLAN Chapter 01 PLAN ESTABLISHED 01-01 Plan Established, In accordance with the provisions of Sections 53212- 53214 of California government code, and as provided in Section 457 of the Internal Revenue Code of 1986, the South Tahoe Public Utility District {"District"} establishes the South Tahoe Public Utility District Deferred Compensation Plan {"Plan"} for its employees, Nothing contained in this Plan shall be deemed to constitute an employment agreement between the participant and employer and nothing contained herein shall be deemed to give a participant any right to be retained in the employment of the District. This Plan document amends, re-states and supersedes all previous plan documents since the Plan's original adoption on September 1, 1977. ..... Chapter 02 DEFINITIONS 02-01 Employer. "Employer" means the South Tahoe Public Utility District, a public entity within the State of California, as described in Section 1.457-2{c} {2} of the final regulations promulgated under Section 457 of the Internal Revenue Code of 1986, 02-02 Compensation. "Compensation" means all payments made to a public employee by the employer as remuneration for services rendered. 02-03 Deferred Compensation. "Deferred Compensation" means the amount of the participant's compensation which the participant and the employer shall mutually agree {prior 'to the date on which such compensation is earned} will be deferred. 02 - 04 Accumulated Deferrals. "Accumulated Deferrals" means compensation deferred under the Plan, adjusted until date of payment by \. income received, increases or decreases in investment value, fees and any prior distributions made. 02-05 Participation Agreement, "Participation Agreement" means the agreement executed and filed by an eligible employee with the employer pursuant to Chapter 04, in which the eligible employee elects to become a participant in the Plan, 02-06 Separation from Service. "Separation {or separates} from Service" means "separation from service" as that term is interpreted for the purposes of Section 402 {e} {4} {A} {iii} of the Internal Revenue Code and refers to the severance of the participant's employment with the employer. A participant will be deemed to have severed his or her employment as of the date of his or her last payroll. 02-07 Participant. "Participant" means any eligible employee of the employer who executes a participation agreement with the Committee assenting to the provisions of this plan, once the agreement has been approved by the Committee or its designee, 02-08 Beneficiary. "Beneficiary" means a beneficiary of a participant, a participant's estate, or any other person whose interest in the plan is derived from the participant. 02-09 Committee. "Committee" means the Committee for deferred compensation appointed by the District Administrator{s} . 02-10 Eligible Employee. "Eligible Employee" means any person who is employed by and recei ves any type of compensation from the employer for whom services are rendered, and who is a full time or permanent part-time regular employee working in a position authorized and has completed six months of employment. 1 ... ~ 02-11 District AdministratorCs) . "District Administrator (s)" means the person(s) so appointed by the Employer's Board of Directors. 02-12 Plan Year. "Plan Year" shall be the calendar year ending December 31. 02-13 Open Enrollment Period. "Open Enrollment Period" means any period of time during which eligible employees may enroll in the Plan, Open Enrollment periods shall be designated at least annually, at the sole discretion of the Committee. Chapter 03 ADMINISTRATION 03-01 Administered by Committee. plan shall be administered by Committee which shall represent employer in all matters concerning administration of this plan. This the the the 03-02 Committee to adopt rules and regulations. The Committee shall have full power and authority to adopt rules and regulations for the administration of the Plan, and to interpret, alter, amend, or revoke any rules and regulations so adopted. -... 03-03 Committee action fair and reasonable. Every action taken by the Committee shall be presumed to be a fair and reasonable exercise of the authority vested in or the duties imposed upon it. The Committee and its individual members shall be deemed to have exercised reasonable care, diligence and prudence and to have acted impartially as to all persons interested, unless the contrary may be proven by affirmative evidence. 03-04 Committee accoun ts . To administration Committee shall maintained a ledger account participant. to maintain records of facilitate an orderly of the Plan, the maintain or cause to be deferred compensation with respect to each 03-05 Deferred Compensation Fund. All deferred compensation hereunder may be paid into a special fund created in the treasury of the District called the "deferred compensation fund". All costs of administration and staffing of the plan, expenses of the Committee, and such other amounts determined by \. the Committee and permitted by law, may be paid as necessary out of the deferred compensation fund. Amounts in the deferred compensation fund may be invested as directed by the Committee. All accumulated deferrals payable to participants or their respective beneficiary or beneficiaries shall be paid from the deferred compensation fund unless otherwise paid. Chapter 04 PARTICIPATION IN THE PLAN 04-01 Enrollment. Enrollment in the plan, (1) An eligible employee may become a participant by executing a participation agreement. Compensation will be deferred for any payroll period only if a participation agreement providing for such deferral is executed by the participant and approved by the Committee or its designee before the beginning of the month in which payroll period ends. (2) In signing the participation agreement, the participant elects to participate in this plan and consents to the employer deferring the amount specified in the participation agreement from the participant's gross compensation for each pay period. The amount specified must equal at least ten dollars per pay period and shall continue until changed or revoked pursuant to paragraph 04-06 or 04..07 of this plan. 04-02 Plan to Plan Transfers. (1) Transfers to the Plan: If a participant was formerly a participant in an eligible state deferred compensation plan (within the meaning of Section 457 of the Internal Revenue Code and the regulations thereunder), and if such plan permits the direct transfer of the participant's interest therein to the plan, then the plan shall accept assets representing the value of such interest; provided, however, the Committee may require in its sole discretion that some or all of such interest be transferred in cash or its equivalent. Such amount shall be held, accounted for, administered and otherwise treated in the same manner as compensation deferred by the participant under the plan except that: 2 \., (a) Only the amount, if any, transferred to this plan which was deferred under the transferor plan in the taxable year when transfer occurs shall be treated as compensation deferred under the Plan in such year, (b) No amount may be transferred to this plan as of the time when such amount is paid or made available under the Section 457 Plan of the participant's prior employer, (2) Transfers from the Plan: The amounts credited to the account of a former participant in the Plan may be transferred to another eligible deferred compensation plan (within the meaning of Section 457 of the Internal Revenue Code and the regulations thereunder) and in which the former participant currently participates, and if such plan provides for the acceptance of such amounts. The only rollovers or transfers allowable under Section 457 of the Internal Revenue Code are from one eligible Section 457 plan to another eligible Section 457 plan, '-' If a participant, prior to making a final election under Chap. 04-11(2) regarding the method of payment, accepts employment with an employer who offers an eligible Section 457 plan, and the participant becomes a participant in that plan, then accumulated deferrals may, at the election of the participant and after written notice to the Committee, be transferred to the other plan, provided that plan provides for the acceptance of such transfers. (3) Application for Transfer: If the conditions in subsections (1) and (2) of this section are met and the participant wishes to transfer his/her account, he/she shall complete any application form and/or other documents as may be required by the administrator. (4) Administrative Rules: The Committee shall prescribe such rules consistent with the provisions of subsections (1) and (2) of this section concerning plan-to-plan transfers as in its sole judgment it deems desirable for the orderly administration of the \., Plan, 04-03 Deferral Limitation. (1) Except as provided in Chap. 04-04, relating to catch-up, the maximum that may be deferred under the Plan for any taxable year of a participant shall not exceed the lesser of seven thousand five hundred dollars or thirty-three and one-third percent of the participant's includable compensation, each reduced: (a) By any amount excludable from the participant's gross income for that taxable year under Section 403(b) of the Internal Revenue Code; and (b) By any amount: (i) Excluded from gross income under Section 402(a) (8) or 402 (h) (1) (B) of the Internal Revenue code (relating to a Participant's elective deferrals to simplified employee pensions) for that taxable year; (ii) For which a deduction is allowable for that taxable year by reason of a contribution to an organization described in Section 501 (c) (18) of the Internal Revenue Code (relating to pension trusts created before June 25, 1959, forming part of a plan for payment of benefits under a pension plan funded only by contributions of employees); or (iii) Which is deferred by a participant under Section 401(k) of the Internal Revenue code (relating to qualified cash or deferred arrangement) during that taxable year; and (c) By any amount the participant contributes to any other Section 457 of the Internal Revenue Code (relating to deferred compensation plan (s)) during the taxable year, (2) "Includible Compensation" for the purposes of this sections means includable compensation as defined in Section 457 (e) (5) of the Internal Revenue Code and as further defined by Treasury Department Regulation 1,457- 2(e) (2) interpreting that section, and is determined without regard to community property laws. Includible 3 . \r compensation for a taxable year includes only compensation from the employer that is attributable to services performed for the employer and that is includible in the participant's gross income for the taxable year for federal income tax purposes. Accordingly, a participant's includible compensation for a taxable year does not include an amount payable by the employer that is excludable from the employee's gross income under: (a) Section 457 of the Internal Revenue Code; Section 403(b) of the Internal Code (relating to annuity purchased by Section of the Internal Revenue Code, to organizations or public (b) Revenue contracts SOl (c) (3) (relating schools) ; (c) Section l05(d) of the Internal Revenue Code (relating to wage continuation plans) ; (d) Section 9ll of the Internal Revenue Code (relating to citizens or residents of the united States living abroad) ; '-' (e) Section 402 (a) (8) or 402 (h) (l) (B) of the Internal Revenue Code (relating to simplified employee pensions) ; (f) Section SOl (c) (l8) of the Internal Revenue Code (relating to certain pension trusts); or (g) Section 40l(k) of the Internal Revenue Code (relating to qualified cash or deferred arrangements) , (3) In computing includible compensation, total gross compensation as shown on District earnings statements must be reduced by: (a) Section 4l4(h) of the Internal Revenue Code, before tax contributions to retirement plans; and (b) Any Section l25 of the Internal Revenue code, contributions to cafeteria plans (including those which include such items as dependent care salary reduction plans) before excluding the items listed in subsection (2) (a) through (g) of this section. \., 04-04 Catch-up provision. For one or more of the participant's last three taxable years ending before attaining normal retirement age under the plan, the maximum deferral shall be lesser of: (l) Fifteen thousand dollars for the taxable year, reduced in the same manner as the seven thousand five hundred dollars limitation is reduced in Chap. 04-03, or (2) the sum of: (a) the limitations established for purposes of Chap. 04-03 of the Plan for the taxable year (determined without regard to this section), plus (b) So much of the limitation established under Chap. 04- 03 for taxable years before the taxable year as has not theretofore been used under Chap. 04-03 or Chap. 04-04. A prior taxable year shall be taken into account only if: (i) December 3l, 1978; It begins after (ii) The participant was eligible to participate in the Plan during all or any portion of the taxable year, and; (i i i) Compensa t ion deferred (if any) under the Plan during the taxable year was subject to a maximum limitation (as established under Chap. 04-03). A prior taxable year includes a taxable year in which the participant was eligible to participate in an eligible plan sponsored by another enti ty . In no event can the participant elect to have the catch-up provision apply more than once whether or not the full catch-up had been utilized. "Normal retirement age, II as herein, means the range of ages: used Ending not later than age seventy and one-half; and or is still employed at the age designated in writing by the participant. 4 ~ \., Beginning not earlier than the earliest age at which the participant has the right to retire under a District authorized pension for which the participant is eligible without consent of the District and under which the participant will receive immediate retirement benefits without actuarial adjustment due to retirement prior to some later specified age in a District authorized pension plan. This catch-up provision may not be used in the year in which the participant attains age 70 l/2, and may not be used in any year thereafter. 04-05 Committee may disallow deferral. The participant acknowledges the right of the Committee to disallow deferral of compensation under the Plan in excess of the limitations in Chap. 04- 03 and 04-04. However, the Committee shall have no duty to assure that amounts deferred are in compliance with such limitations. \., 04-06 Modification of deferral or investment option (s) . A participant may change his/her deferral amount during an open enrollment period, Changes in the amount of the deferral must equal at least five dollars per pay period. Investmnt changes may be made at any time subject to the terms of the investment provider(s) , Beneficiaries who are entitled to receive accumulated deferrals may change investment 'options not more than four times per year. A change shall be effective for any calendar month only if the participant signs a new participation agreement which is approved by the beginning of that calendar month. The Committee reserves the right to defer the effective date of any change. During the payout process, the Committee may periodically liquidate mutual fund shares in the amounts necessary to meet distribution requirements for a six month period. 04-07 Suspension and Reinstatement of Deferral. SUSPENSION. time direct A participant may at any that deferrals under the \.., participant's participation agreement cease by completing the proper form and filing it with the Committee no later than the last day of the payroll period prior to the payroll period during which the deferrals are to cease; however, accumulated deferrals shall only be paid as provided in Chap. 04-09 through 04-14. REINSTATEMENT, A participant who has directed the cessation of deferrals may resume deferrals for any calendar month commencing no sooner than the month following the close of the next open enrollment period by executing a new participation agreement to defer compensation. The waiting period shall not apply to participants who are on leave without pay as discussed in Chap. 06-01 nor shall it apply in those instances where deferrals are stopped due to deferral limitations described in Chap, 04-03 and 04-04. 04-08 Investment Options. Each participant shall designate on his/her participation agreement the investment option (s) in which he/she wishes to have invested. The investment option(s) shall be selected from those options made available for this purpose from time to time by the Committee, in its sole discretion. The Committee may make available as options for investment; (1) A fixed rate investment or pool of investments. (2) Specified mutual fund shares; or (3) Fixed or variable life insurance, or other options permitted by law and selected by the Committee. In the event that a selected investment option experiences a loss, the participant's accumulated deferrals payable hereunder shall likewise reflect a loss, rather than income, for the period. Nothing in this section shall require the employer to invest any amount in the investments selected and whether or not the employer so invests, no participant shall have any right, title, or interest in the amounts deferred or assets so invested. 5 ... \.. 04 -09 Designation of beneficiaries. Each participant shall have the right to designate a beneficiary or beneficiaries to receive accumulated deferrals in the event of participant's death. If no such designation is in effect on a participant's death, the beneficiary shall be the surviving spouse, then the beneficiary shall be the participant's estate. A participant may change his/her beneficiary designation at any time by filing a change of beneficiary form with the Committee. A participant may also change his/her beneficiary designation by completing the beneficiary designation portion of a participation agreement form, The participant may name: (I) A designated organization or person (including without limitation his/her unborn or later adopted children). If unborn or later adopted children are to be included, the designation must so indicate. The date of birth must be furnished for any living person who is named and who is under the age of eighteen. (2) His or her estate; \., (3) A trust which is in existence, or which is to be established under the participant's last will, For an existing trust, the participant must provide the name of the trust and the date it was established. The participant may name beneficiaries in addition beneficiaries. Any named must have a tax ID. number security number. contingent to primary beneficiary or a social 04-10 Distribution to participant after separation from service. After separation from service, accumulated deferrals shall be paid to the participant in one or more installments as elected by the participant pursuant to Chap. 04-11. 04-11 Distribution in the event of death of participant or beneficiary. (1) Should the participant die at any time, accumulated deferrals shall be paid to the beneficiary or \., beneficiaries designated by the participant pursuant to Chap. 04-09. The accumulated deferrals shall be paid out as provided in Chap. 04-09 through 04-14. If no beneficiary is designated as provided in the participation agreement, or if the designated beneficiary does not survive a period of thirty days, then a lump sum or series of payments shall be paid, in accordance with Chap. 04-09 through 04- 13, to the surviving spouse, or if none, a lump sum shall be paid to the estate of the participant. (2) In the event a beneficiary survives the participant by thirty days and becomes entitled to receive the accumulated deferrals, accumulated deferrals shall become payable to the beneficiary's estate on the twenty- fifth day of the second month following the beneficiary's death, unless accumulated deferrals are being paid in the form of an annuity, in which case the disposition of the remaining amount shall be determined by the annuity contract Such annuity contracts shall be issued pursuant to the rules set forth in Chap, 04-14. 04-12 Elections Regarding Distribution. Each parti.cipant (or in the event of death, each beneficiary other than an organization, estate, or trust) shall elect when his/her payout will begin and the payout period. (I) Election regarding time of payment. The election regarding the time when payment will begin shall be made when a participant separates from service (or dies, having separated from service and having previously elected when payment will begin). Once made, the election regarding when payout will begin is irrevocable as to the participant or beneficiary making the election. The election regarding when payment will begin: (a) By a participant who separates from service other than by reason of death, must be made not later than sixty days after separation from service. Payment may begin on the central payroll date nearest the twenty-fifth day of the month in which an election is filed with the Committee 6 '-', on forms provided for that purpose and payment must begin within the time prescribed by Chap. 04-14. (b) By a beneficiary, other than an organization, estate or trust, where the participant was not already recei ving payments, must be made not later than sixty days after the participant's death. Payment may begin on the central payroll date nearest the twenty-fifth day of the month in which the election is filed with the Committee on forms provided for that purpose, and payment must begin within the time prescribed by Chap. 04-14. \.; (2) Election regarding method of payment, The participant (or beneficiary other than an organization, estate or trust) who makes an election regarding the date payment will begin, may also elect the period over which payments will be made. The payout period election may be made either at the time he/she elects a beginning date for payout or at any time not later than sixty days prior to the date payout is to begin, Once having made this election, the participant (or beneficiary, other than an organization, estate, or trust) may change the payout period election not later than sixty days prior to the date payout is to begin. Such a beneficiary may also make this election where the participant was already receiving payments but, as provided in Chap. 04-13 (3) (a), must receive distribution at least as rapidly as it was being distributed to the participant. Such a beneficiary must make the payout period election not later than sixty days after the death of the participant and payout will be suspended following the participant's death until the beneficiary either makes a payout period election or begins receiving payment as provided in subsection (4) of this section, Provided, if the participant was receiving payout in the form of an annuity contract, then the successor's right shall be limited by the terms of that contract. (3) How elections are made. A participant or beneficiary makes elections allowed under this section by completing and filing applicable \.,. payment request Committee. forms with the (4) Consequences in absence of a timely election regarding time of payment. Absence of a t~mely election regarding when payout ~s to begin, payout will begin on the payroll date nearest the twenty-fifth day of the month following the month in which the election period ends, and will be made in a lump sum if the accumulated deferrals as of the end of the election period are less than twenty-five thousand dollars or, if the accumulated deferrals are twenty-five thousand dollars or more, in the form of a lifetime annuity with a 15 year certain period or: (a) As may be necessary under the minimum payout requirements of Section 457 (d) (2) (B) (i) (I) of the Internal Revenue Code, requiring amounts to be paid not later than as determined under Section 401 (a) (9) (G) of the Internal Revenue Code; or (b) As ~ay be necessary under Section 457 (d) (2) (B) (i) (Il) of the Internal Revenue Code, requiring amounts not distributed to the participant during his/her life to be distributed at least as rapidly as they were being distributed as of the participants death. (5) Effects of certain employment changes, Transfers from the Plan are allowed in the circumstances described in Chap. 04-02 (2). (6) Consequences in absence of a timely election regarding method of payment. In the absence of a timely election regarding the period of time over which payment will be made, payment will be made in the manner described in subsection (4) of this section. (7) Payment to an organization, estate, or trust. Any amount payable to an organization, estate, or trust shall be paid in a lump sum as prescribed in Chap. 04-14 (3). 04-13 Investment mode election. Each participant shall designate on his participation agreement his selected investment mode. Such designation 7 '-' shall continue unless changed pursuant to this section, The investment mode shall be selected from those modes made available for this purpose from time to time by the Committee, in its sole discretion. The Committee may make available as modes for investment: (I) a fixed rate of interest product or (2) specified mutual fund shares, deposits with a credit union, savings and loan association, bank, or mutual savings bank, life insurance, shares of an investment company, or fixed and/or variable annuities or other modes permitted by law and selected by the Committee. '- The Committee may from time to time change the available modes for investment. In the event that the selected investment mode experiences a loss, the participant's accumulated deferrals payable hereunder shall likewise reflect loss, rather than income, for the period. Nothing in this section shall require the employer to invest any amount in the investments and if the employer should so invest, no participant shall have any right, title, or interest in the assets so invested. 04-14 Distribution of deferrals. (I) General Rule. Assuming a timely election is allowed and has been made pursuant to Chap. 04-11, payment will be made in at least annual, substantially non-increasing amounts, Payments are also subject to limitations in subsections (2) through (5) of this section, (2) Distribution to participant. A participant must either: (a) Receive his/her entire interest prior to the latest of: (i) The April 1st immediately following the close of the plan year in which the participant attains age seventy and one-half; or \., (ii) The immediately following the plan year in which the separates from services employer; or April 1st close of the participant wi th the (b) Begin receiving his/her interest not later than the time specified in (a) of this subsection and receive it over a period not longer than either: (i) The life of the participant; (ii) The life of the participant and a beneficiary designated by the participant; (iii) The life expectancy of the participant; or (iv) The life expectancy of the participant and a designated beneficiary. Payment must be sufficiently rapid to satisfy the requirements of Section 457 (d) (2) (B) (i) (I) and Section 401 (a) (9) (G) of the Internal Revenue Code, Provided that, until tables are issued by the Secretary of the Treasury, if provision is made for the payment of a portion of the accumulated deferrals to a beneficiary, the amount payable to the participant must actuarially exceed two-thirds of the maximum amount payable to the participant had no provision been made for payments to the beneficiary (determined as of the commencement of the distribution) . Once payments to a participant begin, the participant may accelerate the payment schedule only in the event of an unforeseeable emergency and subject to the provisions of Chap. 05 regarding such emergencies. (3) Distribution to beneficiaries, {a} When distribution begins prior to the participant's death, then payout must be made at least as rapidly as it was being made to the participant, When the beneficiary is an organization, estate or trust, then payment will be payable in a lump sum on the twenty-fifth day of the second month following the participant's death. 8 \., (b) When distribution does not begin prior to the participant's death, and is to be made: (i) To an organization, estate or trust, then payment will be payable in one lump sum on the twenty-fifth day of the second month following the participant's death, (H) To a living beneficiary designated by the participant other than the participant's surviving spouse, and, by election, not to begin within one year of the participant's death, then the payment must be made within five years of the participant's death; (Hi) To a living beneficiary designated by the participant other than the participant's surviving spouse, and, by election, beginning within one year of the participant's death, then payment must be made within fifteen years of the participant's death; \., (iv) To the participant's surviving spouse, whether as designated beneficiary, or by default, then payment must begin prior to the April 1st immediately following the later of the close of the plan year in which the participant would have attained age seventy and one-half or, if later, the year in which the participant separated from services, and payment may be made over the lifetime of the surviving spouse or over a period not longer than the life expectancy of the surviving spouse. (4) For purposes of this section, life expectancies will be computed by use of the expected return multiples in Treasury Department Regulation 1.72 - 9 or, if distribution is to be effected through a contract issued by an insurance company, by use of the mortality tables of such company. Where payment is being made over the joint lives of the participant and the participant's surviving spouse, the life expectancy of the participant and the participant's surviving spouse may be recalculated annually, (5) Notwithstanding anything in this Plan to the contrary, distributions from the Plan will be made in compliance with the minimum \., distribution rules of Section 457(d) (2) of the Internal Revenue Code, and in compliance with Treasury Department Regulations issued under Sections 401 (a) (9) and 457 (d) (2) of the Internal Revenue Code. Chapter 05 UNFORESEEABLE EMERGENCY 05-01 Unforeseeable Emergency. Notwithstanding any other prOV1S1ons in Plan Chap. 01 through 15, in the event of an unforeseeable emergency, a participant or beneficiary entitled to accumulated deferrals may request the Committee to payout a portion of accumulated deferrals, If the application for payment is approved by the Committee, payment will be made within sixty days following such an approval. The amount paid shall be limited strictly to that amount reasonably necessary to satisfy the emergency need. For purposes of this Plan, an unforeseeable emergency shall be severe financial hardship to the participant resulting from: (1) A sudden and unexpected illness or accident of the participant or of a dependent (as defined in Section 152{a) of the Internal Revenue Code) of the participant, (2) Loss of the participant's property due to casualty, or (3) Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant. The circumstances that will constitute an unforeseeable emergency will depend upon the facts of each case, but in any case, payment shall not be made to the extent that such hardship is or may be relieved (a) through reimbursement or compensation by insurance or otherwise; (b) by liquidation of the participant's assets, to the extent liquidation of such assets would not itself cause severe financial hardship, or (c) by cessation of deferrals under the plan. Examples of what shall 9 ~ not be considered to be unforeseeable emergencies include the need to send a participant's child to college or the desire to purchase a home. Chapter 06 LEAVE OF ABSENCE 06-01 Leave of participant is on absence from participation in continue. Absence. If a an approved leave of the employer, this plan shall Chapter 07 AMENDMENT OR TERMI:NATI:ON OF THE PLAN 07-01 Termination of Plan. The employer or the Committee may at any time terminate this Plan. Upon such termination, accumulated deferrals will be paid pursuant to Chap. 04 of the Plan, The participant's deferrals will cease. \. 07-02 Amendment of Plan. The Committee may also amend the provisions of this Plan at any time: Provided, however, that no amendment shall affect the rights of the participants or their beneficiaries regarding accumulated deferrals at the time of the amendment. Chapter 08 RELATI:ONSHI:P TO OTHER PLANS 08-01 Retirement and Social Security not Reduced. It is intended that pursuant to Section 457 of the Internal Revenue Code, the amount of deferred compensation will not be considered as current compensation for purposes of federal income taxation. Such amounts will, however, be included as compensation in determining benefits or rights under the employer's group insurance, other retirement plans and FICA, Payments under this Plan will supplement retirement and death benefits payable under the employer's group insurance and other retirement plans. \. Chapter 09 TRANSFER IN LIEU OF CASH 09-01 Assets in Lieu of Cash. Upon the occurrence of any event requiring the payment of accumulated deferrals under this Plan, the Committee may, in its sole discretion, elect to honor a request from the participant to substitute the transfer in kind and assignment of any asset which the employer has acquired at fair market value. Chapter 10 NON-ASSI:GNABI:LITY CLAUSE 10-01 Accumulated Deferrals not Assignable. It is agreed that neither the participant, nor the participant's beneficiaries, nor any other designee, shall have any right to commute, sell, assign, transfer, or otherwise convey the right to receive any payments hereunder, which payments and right thereto are expressly declared to be non-assignable and nontransferable; and in the event of attempt to assign or transfer, the employer shall have no further liability hereunder, nor shall any unpaid accumulated deferrals be subject to attachment, garnishment or execution, or be transferable by operation of law in event of bankruptcy, insolvency, except to the extent otherwise required by law, Chapter 11 ASSETS 11-01 Plan Assets. All amounts of compensation deferred under the Plan, all property and rights to property (including right as a beneficiary of a contract providing life insurance protection) purchased with such amounts, property or rights to property shall remain (until paid or made available to the participant or the participant's beneficiary or beneficiaries under the Plan) solely the property and rights of the employer, (without being restricted to the benefits under the Plan) and shall be subject only to the claims of general creditors of the employer. 10 \., Chapter 12 PARTICIPATION BY COMMITTEE MEMBERS 12-01 Participation by Committee Members. Members of the Committee, who are otherwise eligible, may participate in the Plan under the same terms and conditions as apply to other participants, but an individual member shall not participate in any committee action taken with respect to that member's participation. Chapter 13 EMPLOYER PARTICIPATION 13-01 Employer Contributions. The employer may, pursuant to a changed or new participation agreement filed by a participant as specified in Chapters 04-06 or 04-07, add additional deferred compensation for services to be rendered by the employee to the employer during any calendar month, provided: \., (1) The employee has elected to have such additional compensation deferred, invested, and distributed, pursuant to this Plan, prior to the calendar month in which the compensation is earned; and (2) Such additional deferred compensation, when added to all other deferred compensation under the Plan, does not exceed the maximum deferral permitted by Chapter 04, Chapter 14 INVESTMENT RESPONSIBILITY 14-01 Investment Responsibility. The employer may, but is not required to, invest funds held pursuant to participation agreements between participants and the employer in accordance with the requests made by each participant, The Committee shall retain the right to approve or disapprove such investment requests. Any action by the Committee in investing funds, or approving of any such investment of funds, shall not be considered to be either an endorsement or guarantee of any investment, nor shall it be considered to attest to financial soundness or the suitability of any investment for the purpose of '- meeting future obligations, Chapter 15 COMMITTEE POWERS 15-01 Plan Prevails. In the event form or other document used administering this Plan, including not limited to enrollment forms marketing materials, conflict with terms of the Plan, the terms of Plan shall prevail, any in but and the the 15-02 Decision Binding. The Committee is authorized to determine any matters concerning the rights of any participant under this Plan and such determination shall be binding on the participant and any beneficiary thereof. 15-03 Committee to Interpret. The Committee is authorized to construe this Plan and resolve any ambiguity in the Plan. The Plan and any form or other document used in administering the Plan shall be interpreted, and this Plan shall be administered, so as to comply \.lith Sections 457 of the Internal Revenue Code and the regulations of the Treasury Department promulgated thereunder. 15-04 Tax Status not Guaranteed. The Committee does not represent or guarantee that any particular federal or state income, payroll, personal property or other tax consequence will occur because of the participant's participation in this Plan. The participant should consult with the participant's own representative regarding all questions of federal or state income, payroll, personal property, or other tax consequences arising from participation in this Plan. 15-05 Committee May Require Court Order. The Committee or the employer, if in doubt concerning the correctness of their action in making a payment of accumulated deferrals, may suspend payment until satisfied as to the correctness of the payment or the person to receive the payment or to allow the filing in any state court of 11 \.., competent jurisdiction of a civil action seeking a determination of the amounts to be paid and the persons to receive them, The Committee and the employer shall comply with the final orders of the court in any such suit and the participant, for the participant and the participant's beneficiary or beneficiaries, consents to be bound thereby. Whenever payment of accumulated deferrals is suspended pursuant to this section, the time for a participant or beneficiary making any election under Chap, 04 -11 shall not begin until amount(s) and person(s) entitled are determined either by written agreement of all parties concerned or by a court judgment that has become final, 15-06 Delegation of Authority. The Committee may delegate its functions to be performed under this Plan to any designee with legal authority to perform such functions, Chapter 16 APPLICABLE LAW \. 16-01 Plan to conform to state law. This Plan shall be construed under the laws of the State of California. 16-02 Plan to conform to federal law. This Plan is intended to be an eligible state deferred compensation plan within the meaning of Section 457 of the Internal Revenue Code, and Treasury Department Regulation 1.457-2 (a), and shall be interpreted accordingly, ******************* ******************* PASSED AND ADOPTED at a duly held Regular Meeting of the Board of Directors of the South Tahoe Public Utility District on the 18th day of November, 1993 by the following vote: AYES: NOES: ABSENT: ATTEST: .f/xi: a #;?~ PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT '-' 12 /} ~~PlA.,';;' C--LOU PIERIN , PRESIDENT OF THE BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT