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Resolution 2766-03 \r ~ 19 20 21 22 23 24 25 26 27 \. 28 1 2 3 4 5 6 7 RESOLUTION NO. 2766-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING RESOLUTION NO. 2723-01 AUTHORIZING AN AMENDMENT TO THE DISTRICT'S PENSION PLAN BE IT RESOLVED by the Board of Directors fo the South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: WHEREAS, the South Tahoe Public Utility District Board of Directors has authorized 8 the participation in CalPERS (California Public Employees' Retirement System); and 9 10 11 12 13 14 15 16 17 18 WHEREAS, it has been agreed that contributions to the Manulife Pension Plan will cease after June 18, 2003, and administration of the Manulife Pension Plan will terminate on June 30, 2008; and WHEREAS, the current pension plan document indicates the South Tahoe Public Utility District shall make participant contributions and allow participant loans from individual accounts in the Pension Plan; and WHEREAS, to terminate the Manulife Pension Plan it is necessary that all participant loans from individual accounts in the Manulife Pension Plan are repaid by June 30, 2008; NOW THEREFORE, be it resolved that the Board of Directors is adopting a resolution authorizing the trustees to amend Article IV Section 4.1 (a) and Section 4.7(a) and Article VII Section 7.4(c) to specify an end date for South Tahoe Public Utility District contributions to the Manulife Pension Plan and to specify a repayment date for participant loans. PASSED AND UNANIMOUSLY ADOPTED by the Board of Directors of the South Tahoe Public Utility District, this 3rd day of July, 2003. AYES: Directors Wallace, Schafer, Jones, Comte, Mosbacher NOES: None ABSENT: None 1 \., 2 3 4 5 6 7 8 \., '-' 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 3rd day of July 2003. WHEREAS, the parties hereto entered into this Plan effective July 1, 2001; and WHEREAS, it is the desire of the parties hereto to amend said Plan effective June 18, 2003, as hereinafter provided; and THEREFORE, Article Article N Section 4.1 (a) and Section 4.7 (a) and Article VII Section 7.4 (c) will be amended as follows: 9 ARTICLEN Section 4.1 (a)- 10 11 12 ARTICLE N Section 4.7 (a) - 13 14 15 16 17 ARTICLE vn Section 7.4 (c)- 18 19 20 21 22 23 24 25 26 27 28 The Employer shall make contributions over such period of years as the Employer may determine on the following basis. On behalf of each Participant eligible to share in allocations, for each year of his participation in this Plan, the Employer shall contribute 6% of his annual Compensation. No further contributions shall be made to the Plan after June 18,2003. As a condition for sharing in Employer contributions, each Participant shall agree to contribute 4% of his Compensation to the Trustee. Such contribution shall be credited to his Employee Contribution Account and shall share in Trust Fund earnings and losses. The Employee Contribution will be contributed by the Employer on the Participant's behalf as described in Code Section 414(h)(2). No further mandatory contributions shall be made to the Plan after June 18,2003. 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 I, 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. After June 18, 2003, no loans may mature beyond June 30, 2008. \., 1 IN WITNESS WHEREOF, the Corporation and Trustees have hereunder affixed their 2 signatures 3 La..-k. , this3r4 day OLL l!j 2003. 4 5 6 7 ? TRUSTEES 8 ~ Richard Solbrig, Genera 10 9 ~.Y.li-- ~%e '1( Rhonda Me arlane, hlef inancial Officer 11 ~~H~slsm~ces Director 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \... \..,