HomeMy WebLinkAbout4.11 Establish Compensation Program 1,?-0
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 22, 1988
SUBJECT Establishment of a Deferred Compensation Program -
( ICMA Retirement Corporation)
EXHIBITS ATTACHED o Resolution
o Highlights of ICMA Deferred Compensation
o Historical Performance
o Pamphlet - "A Tax Shelter For Your Future"
RECOMMENDATION Adopt Resolution
FINANCIAL STATEMENT: No direct cost to City. Minimal processing costs for
administration and payroll deductions .
DESCRIPTION The City ' s current- Employee Benefit Plan identifies
that the City will offer employees the opportunity to participate in a
Deferred Compensation Plan. The Benefit Plan provides for a voluntary
program, which does not require City contributions towards the program. In
order to evaluate current offerings , an Employee Subcommittee was formed to
review proposals made by three providers of Deferred Compensation benefits .
GENERAL
Deferred Compensation is a method in which employees can shield current
income from taxes . The IRS allows public employers to establish a program
in which the City and the employee have an agreement to have a specific
portion of an employee ' s salary paid at a later date. Technically, these
funds are the property of the employer until such time as they are
withdrawn. At the time of withdrawal, the funds are taxed as income. The
law does specify limited occasions when an employee can withdraw funds .
They are allowed to be withdrawn in the following circumstances :
• Upon retirement .
• When an employee leaves a job for any reason. The contributions
withdrawn would be taxable as noted above.
• In the event of unforeseeable emergencies (Note: In general , expenses
such as college tuition or purchase of real estate would not qualify
under this category. )
• In the event of the death of the employee , the beneficiary is
eligible to receive the funds plus any earnings .
Current Law restricts the amount an employee can contribute to a Deferred
Compensation Plan. The Law specifies that an employee can contribute 25% of
their total salary or $7 ,500 per year whichever is less . Supplemental
amounts are allowed for employees who are within three years of retiring.
ICMA PROGRAM
The Employee Subcommittee evaluated programs offered by two insurance
companies and the International City Management Association ( ICMA) . The
Subcommittee interviewed representatives from each of the firms . The
overall recommendation of the Employee Commitee was to request that the City
Council authorize participation in the ICMA program at this time . The
Committee anticipates continuing to evaluate additional opportunities . Each
plan reviewed indicated a willingness to allow the Employer to offer more
than one plan.
Attached to the Staff Report is a pamphlet prepared by ICMA and a list which
highlights the Deferred Compensation Program. ICMA currently has assets
over $1 billion invested within the Deferred Compensation Program. The
program will also provide a representative who can explain on an individual
basis to employees the effects of participating in a Deferred Compensation
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Program. Given that each employee has a different set of financial
circumstances , this can be an important benefit for employees . The ICMA
representatives would not be making investment decisions for individual
employees , rather they would explain the options which were available.
The Committee found that the administrative costs offered by the ICMA
Program were relatively minimal with a $1 monthly fee assessed on employees
contributing more than $30 each bi-weekly pay period. If an employee
contributes $30 or less , the administrative fee would not be charged to the
employee ' s account . ICMA currently offers the Program. among more than 330
California local government agencies and it is offered to 2800 agencies
nationwide. This was also considered a desirable asset of the program
offered by ICMA. Employees who may go to work for another participating
employer would be able to continue their participation. 'Given that the ICMA
Program is operated as a non-profit entity, they are capable of structuring
their administrative fees differently from the programs offered by profit
making insurance companies . In addition to the monthly assessment , ICMA
retains 1% of the earnings on funds . However, all reported historical
earnings have been adjusted to reflect the percentage actually earned by the
participant after payment of these administrative fees .
In order for the City of Dublin to participate in the program, it is
necessary for the City Council to adopt three documents which have been
attached to the proposed resolution. The first document is Appendix A which
appoints ICMA Retirement Corporation to serve as the administrator of the
City ' s Deferred Compensation Program. The second document is designated as
Appendix B and it consists of the ICMA Retirement Trust. ICMA has
structured their organization in a manner which provides maximum protection
for the funds deposited into the retirement corporation. The Trust aspect
protects the funds in the event of a bankruptcy. The final document which
must be adopted is noted as Appendix C and it appoints the ICMA Retirement
Corporation as trustee to invest the funds held under the Deferred
Compensation Plan. The proposed resolution also designates the City Manager
as coordinator for the program.
The only cost to the City for the program relates to administrative payroll
deductions and processing forms . The current program does not provide any
City contribution of funds into the employees Deferred Compensation
accounts . It is anticipated that this program will serve as a supplemental
savings mechanism for employees . The adoption of the resolution would allow
Staff to implement the program beginning with the first payroll in the month
of October.
Staff would recommend that the City Council adopt the resolution
establishing the Program.
RESOLUTION NO. — 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING A DEFERRED COMPENSATION PLAN
( ICMA Retirement Corporation)
WHEREAS, the City of Dublin (EMPLOYER) has employees
rendering valuable services ; and
WHEREAS , the establishment of a Deferred Compensation
Plan for such employees will serve the interests of the Employer
by enabling it to provide reasonable retirement security for its
employees , by providing increased flexibility in its personnel
management system, and by assisting in the attraction and
retention of competent personnel; and
WHEREAS, the Employer has determined that the
establishment of a deferred compensation plan to be administered
by the ICMA Retirement Corporation will serve the above
objectives ; and
WHEREAS, the Employer desires that the investment of
funds held under its deferred compensation plan be administered by
the ICMA Retirement Corporation, as Trustee, with the
understanding that such funds will be held by the ICMA Retirement
Trust , a trust established by public employers for the purpose of
representing the interests of such employers with respect to the
collective investment of funds held under their deferred
compensation plans .
NOW, THEREFORE, BE IT RESOLVED that the Employer adopts
the deferred compensation plan, attached hereto as Appendix A, and
appoints the ICNIA Retirement Corporation to serve as Administrator
thereunder; and
BE IT FURTHER RESOLVED that the Employer hereby executes
the ICMA Retirement Trust , attached hereto as Appendix B; and
BE IT FURTHER RESOLVED that the Employer hereby adopts
the trust agreement , attached hereto as Appendix C, and appoints
the ICMA Retirement Corporation as Trustee thereunder, and directs
the ICMA Retirement Corporation, as Trustee, to invest all funds
held under the deferred compensation plan through the ICMA
Retirement Trust as soon as is practicable; and
BE IT FURTHER RESOLVED that the City Manager shall be
the coordinator for this program and shall receive necessary
reports , notices , etc . , from the ICMA Retirement Corporation as
Administrator, and shall cast , on behalf of the Employer, any
required votes under the program. Administrative duties to carry
out the plan may be assigned to the appropriate departments .
PASSED, APPROVED AND ADOPTED this 22nd day of August ,
1988.
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
APPENDIX A
I t.
("EMPLOYER'?
DEFERRED COMPENSATION PLAN
ARTICLE I.INTRODUCTION Section 2.07 Joinder Agreement: An agreement entered into between an
The Employer hereby establisher the Employers Deferred Compensation Plan. Employee and the Employer, including any amendments or modifications
hereinafter referred to as the'Plan'The Plan consists d the provisions set forth thereof.Such among h investment fu the amount iv Deferred sig Compensation,specify
in this document a preference among the irn85trrment attematives designated by the Employer,
The primary purpose d this Plan is to provide retirement income and ofiner designate the Employee%Beneficiary or Beneficiaries,and incorporate the
deterred benefits to the Employees d the Employer in accordance with the pro-
visions of section 457 of the Internal Revenue Code of 1954,as amended. Section 2.06 Normal Compensation: The amount of compensation which
This Plan shall be an agreement solely between the Employer and participat- would be payable to a Participant by the Employer for a taxable year it no
ing Employees. Joinder Agreement were in effect to deter compensation under this Plan.
Section 2.09 Normal Retirement Age: Age 70,unless the Participant has
ARTICLE 11. DEFINITIONS elected an alternate Normal Retirement Age by written instrument delivered
Section 2.01 Account: The bookkeeping account maintained for each Par- to the Administrator prior to Separation from Service.A Participant's Normal
ticipant reflecting the cumulative amount of the Participant's Deferred Com- Retirement Age determines(a)the latest time when benefits may commence
pensatron,including any income,gains,losses,or increases or decreases in under this Plan(unless the Participant continues employment after Normal
market value attributable to the Employer's investment of the Participant's Retirement Age),and(b)the period during which a Participant may utilize the
Deferred Compensator and further reflecting any distribution to the Partcpart catch-up limitation of Section 502 hereunder Once a Participant has to any
or the Parndpanns Beneficiary and arty fees or a penses charged against such extent utilized the catch-up limitation of Section 502,his Normal Retirement
Participants;Deferred Compensation. Age may not be charged.
A Participant's alternate Normal Retirement Age may not be earlier than the
Section 2.02 Administrator. The person or persons named to carry out cer- earliest date that the Participant will become eligible to retire and receive
twin nondiscretionary administrative functions under the Plan,as hereinafter unreduced retirement benefits under the Employers;basc retirement plan cover-
described The Employer may remove any person as Administrator upon 60 ing the Participant and may not be later than the date the Participant attains
days'advance notice in writing to such person,in which case the Employer age 70.If a Participant continues employment after attaining age 70,not hav-
"I name another person or persons to act as Administrator The Adminis- ing previously elected an alternate Normal Retirement Age,the Participant's
tmtor may resign upon 60 days'advance notice in writing to the Employer, alternate Normal Retirement Age shall not be later than the mandatory retire-
in which case the Employer shall name another person or persons to act as ment age,it any,established by the Employer,or the age at which the Par-
Administrator. ticipant actually separates from service i1 the Employer has no mandatory retire-
Section 2.03 Beneficiary: The person or persons designated by the Par- ment age.If the Participant will not become eligible to receive benefas under
ticipart in his Joinder Agreement who shall receive any benefits payable here- a basic retirement plan maintained by the Employer,the Participant%alternate
under in the event of the Participant's death. Normal Retirement Age may not be earlier than attainment of age 55 and may
not be later than the attainment of age X
Section 2.04 Deferred Compensation: The amount of Normal Compensa- Section 2.10 Participant: Any Employee who has joined the Plan pursuant
ton otherwise payable to the Participant which the Participant and the Employer to the requirements of Article N.
mutually agree to deter hereunder, any amount credited to a Participant's
Account by reason d a transfer under Section 603,or any other amount which Section 2.11 Plan Nor: The calendar year.
the Employer agrees to credit to a Participants;Account. Section 2.12 Retirement: The first date upon which both of the following
shall have occurred with respect to a Participant:Separation from Service and
Section 2.05 Employee: Any individual who provides services for the attainment of age 65
Employer,whether as an employee of the Employer or as an independent con- Section 2.13 Separation from Service: Severance of the Participant's
Vactot,and who has been designated by the Employer as eligible to pamci
pate in the Plan. employment with the Employer which cor>stautes a'separation from service'
within the meaning of section 402(e)4(A)(iii)of the Internal Revenue Code
Section 2.06 Includible Compensation: The amount of an Employee's corm- In general,a Participant shall be deemed to have severed his employment
pensation from the Employer for a taxable year that is attributable to services with the Empkryer for purposes of this Plan when,in accordance with the esmb-
perkxmed tx the Employer and Wet is includible in the Empbyee`;gross income tithed practices of the Employer,the employment relationship is considered
for the taxable year lor federal income tax purposes;such term does not include to have actually terminated.In the case of a Participant who is an indepen-
any amount excludable from gross income under this Plan or arty other plan dent contractor of the Employer,Separation from Service shall be deemed
described in section 457(b)of the Internal Revenue Code,any amount ex iud- to have occurred when the Participant%contract under which services are per-
able from gross income under section 403(b)of the Internal Revenue Code. Iormed has completely expired and terminated,there is no foreseeable pos.
or any other amount excludable from gross income t x federal income tax pur• sibility that the Employer will renew the contract or enter into a new contract
poses. Includible Compensation shall be determined without regard to any for the Participant%services,and it is not anticipated that the Participant will
community property laws. become an Employee of the Employer.
1
' r � .. �,� !�.' •'•� �" f �ry shall have any f
ARTICLE pi.ADMINISTRATION ereditora d tfha Emplore4 and ro Perthcipanl a eeneficia ny
Interest or secured a preferred position with respect to such property a have
Sictbn 3.01 Duties of Employer. The Employer shall have the authority ; �y'"im'againsl the Employe►except as a general creditor. "
b metre d1 discretionary decit+ons affecting the rights or benefits d Participants Section 6X12 Crediting of Accounts:,The Participant's Account shall renect
hxrftiCh may be required in the rildfThinistnati0n of this Plan, the amount and value of the investments or other property obtained by the
Section 3.02 Duties of AdminMn tor. The Administrator ss agent for the Employer through the investment d the Participants Deferred Compensation.
Emp�rvyer,sliest perform nondacretionary administrative functions in connec- h is anticipated that the Employers investments with respect to a Participant
lion with the Plan.including the maintenance of Participants'Accounts,the will conform to the investment preference specified in the Participant's Joinder
provision of periodic•reports on the status of each Account and the disburse- Agreement,but nothing heroin shat)be construed to require the Empower to
menu of benefits on behalf of the Employer in accordance with the provisions male any,particular investment d a Participant's Deterred Compensation.Each
of this Plan. Participant shall receive periodic reports,not less frequently than annually sho*
ing the then-current value of his Account.
ARTICLE IV. PO4RTICIPATION IN THE PLAN Section 6.03 Thanefem: A transfer will be accepted from an eligible State
Section 4.01 knat Participation: An Employee may became a Participant deferred compensation plan maintained by another employer and credited
by entering into a Joinder Agreement prior to the beginning of the calendar ID a Participants Account under this Plan.The Employer may require such
month in which the Joinder Agreement is to become effective to defer com- documentation from the predecessor plan as it deems necessary to effectu-
pensation not yet earned. ate the transfer.to confirm that such plan is an eligible Stale deferred com-
Seetion 4.02 Amendment of .binder Agreement: A Participarrt may pensation plan within the meaning d section 457 d the Internal Revenue Code,
amend an executed Joinder Agreement to change the amount of c ompensa- and to assure that transfers are provided for under such plan.Any such trans-
bon not yet earned which is to be deferred(including the reduction of such terred amount shall not be treated as a deferral subject to the limitations of
Uure deferrals to sero)or to change his invesinhent preference(subject to such Article V.except that,for purposes of applying the limitations of Section 5.01
restrictions as may result from the nature or terms of any investment made and 5.02,an amount deferred during any taxable year under the plan from
by the Employer).Such amendment shall become effective as•d the begin- which the transfer is accepted shall be treated as if 4 had been deferred under
ning or the calendar month commencing after the date the amendment is this Plan during such taxable year and compensation paid by the transferor
executed. A Participant may at arty time amend his Joinder Agreement to employer shalt be treated as it it had been paid by the Employer.
change the designated Beneficiary,and such amendment shall become effec- Section 6.04 Employer L IAMIlty: In no event shall the Employer's liability
tive immediately to pay benefits to a Participant under An de VI exceed the value of the amounts
credited to the Participants Account;the Employer shall not be liable for losses
ARTICLE V. LIMITATIONS OF DEFERRALS arising from depreciation or shrinkage in the value of any investments acquired
Section 5.01 Normal Untitatfon: Except as provided in Section 502,the under this Plan.
maximum amourt of Deferred Compensation for any Participant for any taxa-
ble year shall not exceed the lesser of$7,500.00 or 331/3 percent of the Par- ARTICLE VII.BENEFITS
liciparxs Includible CAmpwlsation for the twble year.This Wridation will ordinar- Section 7.01 Retirement Benefits and Election on Separation from
ily be equivalent to the lesser of$7500.00 or 25 percent of the Participant's Service: Except as otherwise provided in this Article VII,the distribution of
Normal Compensation. a Participant's Account shall commence during the second calendar month
Section 5,02 Catoh-Up Limitation: For each of the last three(3)taxable after the close of the Plan Year of the Participant's Retirement,and the dhstri-
years d a Participant ending before his attainment of Normal Retirement Age. bution of such Retirement benefits shall be made in accordance with one of
the payment options described in Section 7.02.Notwithstanding the forego-
V* maximum amount d Deferred Compensation shall be the lesser d: i the Participant may irrevocably elect within 60 days following separation
(1)S15A00 or(2)the sum d(i)the Normal Limitation for the taxable year,and ng
(x)thet portion of the Normal Limitation for each of the prior taxable years of from Service to have the distribution of benefits commence on a date other
than that described in the preceding sentence which is at least 60 days after
the Participant commencing after 19'78 during which the Plan was in existtence. the date such election is delivered in writing to the Employer and forwarded
compensation(it any)deferred under the plan was subject to the limitations
10 the Administrator but not later than 60 days after the close d the Plan Year
set forth n section&01,
pl and the participant was eligible to participate in the d the Participants attainment d Normal Retirement Age or Separation from
Plan(o in any other plan established under section 457 d the internal Reve- ��er is later.
nue Code by an employer within the same State as the Employer)in excess Service—
d the amount of Deferred Compensation for each such prior taxable year Section 7.02 Payment Options: As provided in Sections 701 and 705, a
(nduclin g amounts deferred under such other plan).For purposes d this Section Participant may elect to have the value of his Account distributed in accor-
502.a Participants Includible Compensation for the current taxable year shall dance with one of the following payment options,provided that such option
be deemed to include any Deterred Compensation for the taxable year in excess is consistent with the limitations set forth in Section 7.03:
of the amount permitted under the Normal Limitation,and the Participants (a) Equal monhthly,quarterly semi-annual or annual payments in an amount
IncWble Compensation for any prior taxable year fthall be deemed m axalude ohosen by the Participant,continuing until his Account is exhausted.
any amount that could have been deferred under the Nomhal Limitation for (b) One lump sum payment;
such prior taxable year.
Section 5.03 Section 403(b)Annuities: For purposes d Sections S01 and ca ulatedito cos equal monthly,quarterly chosen sar"�the P a annual payrents
5X12.arnmnts contributed by the Employer on behalf d a Participant fo the calculated to Continue for a period chosen by the Participant;
purchase of an annuity contract described in section 4O3(b)of the Internal (d) Paymar&equal to payments made by the issuer of a retirement annuity
Revenue Code shall be treated as H such amounts constituted Deferred Com- policy acquired by the Employer;
pensaMon under this Plan for.the taxable year in which the contribution was ( ) Payment e other option elected by the Participant and agreed to by
made and shill Hereby reduce the maximum amount that me be deferred the Employer.
far such taxable year.
A Participants election of e payment option must be made at leas:30 days
ARTICLE VI. INVESTMENTS AND ACCOUNT VALUES before the payment of benefits is to commence H a Participant fails to make
Section 6.01 Investment of Deferred Compensation: All investments of a timely election of a payment option,benefits shall be paid monthly under
on made by the Employer,including all prop option(c)above for a period d five years.
Participants'Deterred ad with No payment non may be selected
with such smourtis and cif income attributable thereto, Section 7.0.1 Limitation on Options: P8yr1e �
O and ri�as the Participant under Section 7.02 unless the present value d the payments
shall be the sec property d the Employer and shill not be hold in trust for by
Participants or as collateral security for the tutfillment of the Employers oblige- to the Participant,determined as of the date benefits commence exceeds 50
lions under the Plan.Such property shall be subject to the claims of general percent of the value of the Participant§ Account as of the date benefits
2
conunenc .Present value determinations under this Section shall be made financial hardship to the Psrb#,,_ c resulting from a sudden end unexpected
by tiro Admirs"or in accordarm with the expected return multiples set forth ' glness,accident or disability d the Participarn or d a dependent(as defined in
in section 1.72.9 of fie Federal Income Tex Regulations(or any successor pro. fleotitxh 152(x)of the Intemaf Revenue Code)of the Participant,loss of the Par-
vision to such regulations). ticipards property due to casu alty,or other similar and extraordinary uMoresee
able circumstances arising as a result of events beyond the control of the Par-
Section 7.04 Post-retirement Death Benefits: Should the Participant die tioipant.The need to serif a Participant's child to college or to purchase a new
after he has begun to receive benefits under a payment option.the mrnaining home shall not be considered unforeseeable emergencies.The determination
payments.it any.under the payment option shall be payable to the Panici• as to whether such an unforeseeable emergency exists shall be based on the
pant's Beneficiary oonunencing within the 3D-day period comrnenaing with merits of each individual base.
the 31st day after the Participan's death,unless the Beneficiary elects pay '
merit under a drMerert payment option within 30 days of the Participants death. ARTICLE Vill.NOWASSIGNASILITY
In no evert shall the Employer or Administrator be Gable to the Beneficiary .
tot the amount d any payment made in fie name d the Participant before d Participant or Beneficiary shall have any right r commune, sell,any pay-
the Administrator receives proof d death d the Participant.Notwithstanding pledge,transfer or otherwise convey d encumber the right to receive any on-
to a Beneficiary shall not extend over a period longer. merits hereunder,which payments and rights are expressly declared to be non-
the�ego'ng, assignable and nontransferable.
than(7 the Beneficiary's fife expectancy if the Beneficiary is the Participant's
spouse or(ii)fifteen 05)years it the Beneficiary is not the Participants spouse .
If no Beneficiary is designated in the Joinder Agreement,or it the designated ARTICLE IX. RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT
Beneficiary does not survive the Participant for a period of fifteen 05)days, AGREEMENTS
then the comrrxAed value of any remaining payments under the payment option This Plan serves in addition to any other retirement.pension.or benefit plan
shall be paid in a lump sum to the estate of the Participant.If the designated or system presently in existence or hereinafter established for the benefit of the
Beneficiary survives the Participant for a period of fifteen 05)days,but does Employers employees,and participation hereunder shall not affect benefits receiv-
not continue to five for the remaining period of payments under the payment able under any such plan or system. Nothing contained in this Plan shall be
option(as modified,it necessary,in conformity with the third sentence of this deemed to constitute an employment contract or agreement between any Par-
section).then the commuted value of any remaining payments under the pay- ticipant and the Employer or to give any Participant th@ right to be retained in
menu option shall be paid in a hump sum to the estate of the Beneficiary. the employ of the Employer.Nor shall anything herein be construed to modify
the terms of arty employment contract or agreement between a Participant and
Seetlon 7.05 Pro-fatirement Death Benefits: Should the Participant die the Employer.
before he has begun to receive the benefits provided by Section 701,the value
of the Participants Account shall be payable to the Beneficiary commencing ARTICLE X.AMENDMENT OR TERMINATION OF PLAN
within the 30-day period commencing on the Grist day after the Parthciparri's
death,unless the Beneficiary elects a different benefit commencement date The Employer may at any time amend this Plan provided that it transmits such
within the 90 days of the Participant's death.Such benefits shall be paid in amendment in writing to the Administrator at least 30 days prior to the effective
approximately equal annual installments over five years,or over such shorter date of the amendment.The consent of the Administrator shall not be required
period as may be necessary to assure that the amount of any annual install. in order for such amendment to become effective,but the Administrator shall
ment is not less than$3,500.unless the Beneficiary elects a different payment be under no obligation to continue acting as Administrator hereunder it it disap-
option within 90 days of the Participants death.Notwithstanding the forego- proves of such amendment.The Employer may at any,time terminate this Pian.
ft.benefits paid to a Beneficiary under this Section may commerce no earlier The Administrator may at any time propose an amendment to the Plan by an
than the gist day after the Participant's death and no later than 60 days after instrument in writing transmitted to fie Employer at least 30 days before the efiec-
the later at the close of the Plan Year in which the Participant attained or would five date of the amendment.Such amendment shall become effective unless.
have attained Normal Retirement Age or the close of the Plan Year in which within such 30-day period,the Employer notifies the Administrator in writing that
the Participant separated from service. A Beneficiary who may elect a pay it disapproves such amendment,in which case such amendment shall not become
ment option pursuant to the provisions of the preceding sentence shall be effective In fie event of such disapproval,fie Administrator shall be under no
treated as if he were a Participant for purposes of determining the payment obligation to continue acting as Administrator hereunder.
options available under Section 702;provided,however,that the payment option No amendment or termination of the Plan shall divest any Participant of any
chosen by the Beneficiary must provide for payments to the Beneficiary over rights with respect to compensation deferred before the date of the amendment
a period no longer than the life expectancy of the Beneficiary if the Benefici- or termination.
ary is the Participant's spouse and must provide for payments over a period
not in excess of fifteen 05)years it the Beneficiary is not the Participants spouse. ARTICLE XI. APPLICABLE LAW
This Plan shall be construed under the laws of the state where the Employer
Section 7.06 Unforeseeable Emeryendes: In the event an unforeseeable is located and is established with the intent that if meet the requirements of an
emergency occurs,a Participant may apply to the Employer to receive that Wigible State deferred compensation plan under section 457 of the Internal Rev-
pan of the value d his account that is reasonably needed to satisfy the ermer- enue Code of 1954,as amended.The provisions of this Plan shall be interpreted
gency need.If such an application is approved by fie Employer,the Participant wherever possible in conformity with fie requirements of that section.
shall be paid only such amount as the Employer deems necessary to meet
the emergency need,but payment shall not be made to fie extent that the ARTICLE X11. GENDER AND NUMBER
financial hardship may be relieved through cessation d ferr
deal under fie Plan,
insurance or other reimbursement,or liquidation d other assets to the extent The masculine pronoun,whenever used herein,shall induce the feminine pro-
such liquidation would not itself cause severe financial hardship An untoresee- noun,and the singular shall include the plural.except where the context requires
able emergency shall be deemed to involve only circumstances of severe otherwise,
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,,.'APPENDIX B .
DECLARATION OF TRUST
OF
ICMA RETIREMENT TRUST
ARTICLE I.NAME AND DEFINITIONS ARTICLE II.CREATION AND PURPOSE OF THE TRUST;OWNERSHIP
OF TRUST PROPERTY
Section 1.1 Name: The Name of the Trust created hereby is the ICMA Retire- Section 2.1 Creation: The Retirement Trust is created and established by
ment Trust. the execution d this Declaration d Trust by the Trustees and the Participating
Section 12 Definitions: Wherever they are used herein,the following terms Public Employers
shall have the following respective meanings: Section 2.2 Purpose: The purpose of the Retirement Trust is to provide for
(a)By-Laws The By-Laws referred to in Section 4.1 hexed,as amended from the commingled investment of funds held by the Public Employers in connec-
time to time. Lion with their Deterred Compensation Plans The Trust Property shall be invested
(b)Deferred Compensation Plan.A deferredcompersation plan established in the Portfolios,in Guaranteed Investment Contracts.and in other investments
and maintained by a Public Employer for the purpose of providing retire- recommended by the Investment Adviser under the supervision of the Board
ment income and abler deferred benefits to its employees in accordance of Trustees . . .
with the provisions of section 457 of the Internet Revenue Code of 1954. Section 2.3 Ownership of Trust Property:The Trustees shall have legal
as amended• title to the Trust Property.The Public Employers shall be the beneficial owners
(c)Guaranteed Investment Contract.A contract entered into by the Retire- of the Trust Property.
ment Trust with insurance companies that provides for a guaranteed rate
of return on investments made pursuant to such contract. ARTICLE 111.TRUSTEES
(d)ICMA.The International City Management Association. Section 3.1 Number and OualNlcation of Trustees.
(e)tCMAIRC Trustees.Those Trustees elected by the Public Employers who. (a)The Board of Trustees shall consist of nine Trustees.Five of the Trustees
in accordance with the provisions of Section 3.1(a)hereof,are also mem- shall be full-time employees of a Public Employer (the Public Employee
bers d the Board of Directors of ICMA or RC. Trustees)who are authorized by such Public Employer to serve as Trustee
M Investment Adviser.The Investment Adviser that enters into a contract The remaining four Trustees shall consist of two persons who,at the time of
with the Retirement Trust to provide advice with respect to investment of election to the Board of Trustees,are members of the Board of Directors of
the Trust Property ICMA and two persons who,at the time of election,are members of the Board
(g)Employer Trust.A trust created pursuant to an agreement between RC of Directors of RC(the ICMAIRC Trustees).One of the Trustees who is a director
and a Public Employer for the purpose d investing and administering the of ICMA,and one of the Trustees who is a director of RC,shalt,at the time
funds set aside by such employer in connection with its deferred compen- of election,be full-time employees of a Public Employer.
sation agreements with its employees. (b)No person may serve as a Trustee for more than one term in any ten-year
(h)Portfolios.The Portfolios of investments established by the Investment
period.
Adviser to the Retirement Trust,under the supervision of the Trustees,for Section 3.2 Election and Term.
the purpose d providing investments for the Trust Property. (a)Except for the Trustees appointed to fill vacancies pursuant to Section 3.5
n Public Employee Trustees Those Trustees elected by the Public Employers hereof.the Trustees shall be elected by a vote of a majority of the Public
who in accordance with the provisions of Section 3.1(a)hereof,are full-time Employers in accordance with the procedures set forth in the By-Laws.
employees of Public Employers. (b)At the first election of Trustees,three Trustees shall be elected for a term
Q Public Employer.A unit of state or local government,or any agency or of three years,three Trustees shall be elected for a term of two years and three
instrumentality thered,that has adopted a Deterred Compensation Plan and Trustees shall be elected for a term of one year At each subsequent election,
has executed Vis Declaration of Trust. three Trustees shall be elected for a term of three years and until his or her
(k)RC.The International City Management Association Retirement Corpo- successor is elected and qualified.
ration. Section 3.3 Nominations: The Trustees who are full-time employees of Public
m Retirement Trust.The Trust created by this Declaration of Trust. Employers shall serve as the Nominating Committee for the Public Employee
(m)Trust Property.The amounts held in the Retirement Trust on behalf of Trustees The Nominating Committee shall tdtooee candidates for Pudic Employee
the Pudic Employers The lust Property shall include any income result- Trustees in accordance with the procedures set forth in the By-Laws.
ing from the investment d the amounts so held. Section 3.e Resignation and Removal.
(n)Trustees.The Public Employee Trustees and ICMAIRC Trustees elected (a)Any Trustee may resign as Trustee(without need for prior or subsequent
by the Public Employers to serve as members of the Board of Trustees of accounting)by an instrument in writing signed by the Trustee and delivered
the Retirement Trust. to to other Woees. and such resignation shall be effective upon such
4
delivery,or at a later date according to the farms of the instrument.Any Q vote upon any gook.weds or eater securities.,give general or special
of the Trustees may be removed for cause,by A vote Of a majority d the proxies or powers of attorney with or without power of substitution:exercise
Public Employers any conversion privileges,subscription rights,or other options,and make
} (b)Each Pudic Employee Trustee shall resign his or her position as Trustee any paym s ent incidental thereto;oppose,or consent to,or otherwise par•
within sixty days d the date on which he or she cases to be a full-time tseipate in,corporate ate discretionary eti one or other changes affecting corporate
. employee d a Pudic Employee securities.and delegate discretionary powers.and pay any assessments
or urges in connection therewith:and generally exercise any of the powers
Section 3.S VIscendas: The term of office of a Trustee shall IRrrnirtate and of an owner with respect to stocks,bonds.securities or other property held
a vacancy strait occur in the event of the death.resignation,WnOvel.adjudi- as part of the Trust Property:
ated incompetence or either incapacity to perform the duties Of the office of Q enter into contracts or arrangements for goods or services required in
a Trustee In the case d a vacancy,the remaining Trustees shall appoint such corinetdiort with the operation of the Retirement Tr st.including.but not united
person as they in their discretion shalt see fit(subject to the limitations set forth to,contracts with custodians and contracts for the provision of administra-
in this Section).to serve for the unexpired portion d the term Of the Trustee Live services:
who has resigned or otherwise ceased to be a Trustee The appointment shall (k)borrow or raise money for the purpose of the Retirement Trust in such o
be made by a written irtshirners signed by a majorty d the Trustees The person amount,and upon such terms and conditions,as the Trustees shall deem
appointed must be the same type of Trustee(s.,Pudic Employee Trustee or advisable,provided that the aggregate amount of such borrowings shah
ICMAIRC Trustee)as the person who has ceased to be a Trustee.An appoint- not exceed 3046 d the value of the Trust Property No person lending money
ment of a Trustee may be made in anticipation of a vacancy to occur at a later to the Trustees shall be bound to see the application of the money lent or
date by reason d retirement or resignation,provided that such appointment to inquire into its validity,expediency or propriety of any such borrowing:
"I not become effective prior to such retirement or resignation.Whenever m incur reasonable expenses as required for the operation of the Retire-
s vacancy in the number of Trustees shall occur,until such vacancy is filled ment Trust and deduct such expenses from the Trust Property;
as provided in this Section 35,the Trustees in duce,regardless of their num- (m)pay expenses property allocable to the Trust Property incurred in con-
ber,shall have all the powers granted to the Trustees and shall discharge all 'nection with the Deferred Compensation Plans or the Employer Trusts and
the duties imposed upon the Trustees by this Declaration.A written instrument deduct such expenSeS from that portion of the Trust Property beneficially
certifying the existence of such vacangw signed by a majority of the Trustees arm by the Public Employer to whom such expenses are properly
small be conclusive evidence of the existence of such vacancy. allocable:
Section 3.6 TFustees Serene In RepresontAttve Capacity:By executing (n)pay out of the Trust Property all real and personal property taxes,income
this Declaration.each Pubic Employer agrees that the Pudic Employee Trustees taxes and other taxes d any and an kinds which,in the opinion of the Trustees.
elected by the Pudic Employers are authorized to act as agents and represen- are property levied,or assessed under existing or future laws upon,or in
datives of the Public Employers collectively respect d,the Trust Property and allocate any such taxes to the appropri-
ate accounts:
(o)adopt,amend and repeal the By-laws,provided that such By-laws are
ARTICLE IV. POWERS OF TRUSTEES at all times consistent with the terms of this Declaration of Trust:
Section 4.1 Genera)Powers: The Trustees shall have the power to conduct (p)employ persons to make available interests in the Retirement Trust to
the business of the Trust and to carry on its operations Such power shall include, employers eligible to maintain a deferred compensation plan under sec-
but shall not be limited to,the power to: lion 457 of the Internal Revenue Code,as amended:
(a)receive the Trust Property from the Public Employers or from a Trustee (q)issue the Annual Report of the Retirement Truss.and the disclosure docu-
d any Employer Trust: meats and other literature used by the Retirement Trust.
(b)order into a contract with an Investment Adviser providing,among other (r)make loans,including the purchase of debt obligations, provided that
things,for the establishment and operation of the Portfolios,selection of the all such bans shall bear interest at the current market rate:
Guaranteed Irvestrnent Contracts in which the Trust Property may be (s)contract log and delegate any powers granted hereunder to such officers,
invested,selection of other investments for the Trust Property and the pay- agents, employees, auditors and attorneys as the Trustees may select,
merd of reasonable tees to the Investment Adviser and to any sub-imestrnera provided that the Trustees may not delegate the powers set forth in Para-
adviser retained by the Investment Adviser: graphs(b),(c)and(o)of this Section 4.1 and may not delegate any pavers
(c)review annually the perfornantce d the Inveistmentt Adviser and approve it such delegation would violate their fiduciary duties:
annually the eorttract with such Investment Adviser; R)provide for the indemnification of the officers and Trustees of the Retire-
d)invest and reinvest the Trust Property in the Portfolios,the Guaranteed merit Trust and purchase fiduciary insurance.
Investment Contracts and in any other investment recommended by the (u)maintain books and records,including separate accounts for each Pub-
Investment Adviser.provided that 6 a Public Employer has directed that its is Employer or Employer Trust and such additional separate accounts as
monies be invested in specified Portfolios or in a Guaranteed Investment are required under.and consistent with,the Deterred Compensation Ptan
Contract,the Trustees of the Retirement Trust shall irvest such monies in of each Public Employer:and
accordance with such directions: (V)do all such acts,take all such proceedings,and exercise all such rights
(e) keep such portion of the Trust Property in ash or cash balances as and privileges,although not speclfically mentioned herein,as the Trustees
the Trustees,from time to time,may deem to be in the best interest of the may deem necessary or appropriate to administer the Trust Property and
Retirement Trust created hereby,without liability for interest thereon; to carry out the purposes of the Retirement Trust.
M accept and retain for such time as they may deem advisable any secun
ties or other property received or acquired by them as Trustees hereunder Section 4.Z a made t o Ot best Property: Distributions r,the Truss Prop-
whether or not such securities or other property would normally be pur- with shall r made t0 Or On behalf d,the Pudic Employer.in accordance
chased as irtvestrttertls ttereurder, with the terms d the Deterred Compensation Plans or Employer Trusts The
held as part d the Trust Property Trustees d the Retirement Trust shall be fully protected in making payments
(g)cause any securities or other property in accordance with the directions d the Pudic Employers or the Trustees of
fm be registered in the name of the Retirement Trust or in the name of a the Employer Trusts without ascertaining whether such payments are in com-
nominee,and to hold any investments in bearer form,but the books and pliance with the provisions of the Deferred Compensation Plans or the agree-
records of the Trustees shall at all times show that all such investments are merits cuing the Employer Trusts
a part of the Trust Property:
(h)make,exacule,acknowledge,and deliver any and all documents of trans- Section 4.3 Encutfon of Instruments: The Trustees may unanimously
for and conveyance and any and all other instruments that may be neces- designate any one or more of the Trustees to execute any instrument or docu-
sary or appropriate to carry out the powers herein granted; ment on behalf of all,including but not limited to the signing or endorsement
5
of arry deck and the signing d any application,insurance and other contracts-, .',,,'ARTICLE VII DURATION OR AMENDMENT OF RETIREMENT TRUST
and the soon d shal
such designated Trustee or Trustees l have the same Lorca
cti Section 7.1 Wlthdrawa1: A Public Emp!oyw may.at any time withdraw from
and effect as it taken by all the Trustees. this Retirement Trust by delivering to the Board of Trustees a statement to that
affect,The withdrawing Pudic Employer's beneficial interest in the Retirement
ARTICLE V.DUTY OF CARE AND UABIUTY OF TRUSTEES Trust shall be paid out the Public Employe►- to the Trustee d the Employer
Trust,as appropriate.
Section 5.1 Duty of Cars: In exercising the po++ers h"nbefore granted to
the'trustees,the Trustees shall perform all acts within their authority for the Section 7.2 Duration: The Retirement Trust stall continue until ternijinated
exclusive purpose of providing benefits for the Public Employers,and shah by the voted a majority of the Pudic Employers.each casting one vote.Upon
perform such ads with the care,skill,prudence and diligence in the circxum- termination,aff d the Trust Property shall be paid out to the Public Employers
stances then prevailing that a prudent person acting in a like capacity and or the Trustees of the Employer Trusts,as appropriate. `
ternfliar with such matters would use in the conduct of an enterprise of a tike :...
character and with like aims Section 7.3 Amendment: The Retirement Trust may be amended by the vote
of a majority of the Pudic Employers,each casting one vote
Section 5.2 Usbillty: The Trustees shall not be liable for any mistake d Jude °
ment or other action taken in good tarth,and for any action taken or omitted Section 7.4 Precedum: A resolution to terminate or amend the Retirement
in reliance in good faith upon the books of account or other records of the Trust or to remote a Trustee shall be submitted to a vote d the Pubic Employers
Retirement Trust,upon the opinion of counsel,or upon reports made to the if:(a)a majority of the Trustees so direct,or:(b)a petition requesting a vote.
Retirement Trust by any of its deicers,employees or agents or by the Invest- signed by not less than 25%of the Pudic Employers, is subnmed to the
ment Adviser or any sub•investrnent adviser,accountants,appraisers or other Trustees.
experts or consultants selected with reasonable care by the Trustees,officers
or employees of the Retirement Trust.The Trustees shall also not be liable for ARTICLE VIII.MISCELLANEOUS
any loss sustained by the Trust Property by reason of any investment made
in good Wtt and in accordance wth the standard of care set forth in Section 51. Section 8.1 Governing Law: Except as otherwise required by state or local
law,this Declaration of Trust and the Retirement Trust hereby created shall be
'Section 5.3 Bond: No Trustee shall be obligated to give any bond or otter construed and regulated by the laws of the District of Columbia.
security for the performance of any d his or her duties hereunder.
11 Section 8.2 Counterparts: This Declaration may be executed by the Public
ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS Employers and Trustees in two or more counterparts,each of which shall be
deemed an original but all of which together shall constitute one and the same
The Trustees shall annually submit to the Public Employers a written report of instrument.
the transactions d the Retirement Trust,including financial statements which shall
be cerDfied by independent public accountants chosen by the Trustees.
6
�►rrtnur� �
TRUST AGREEMENT WITH
THE ICMA RETIREMENT CORPORATION
AGREEMENT made by and between the Employer mined in the attached reso- retirement annuity and insurance policies,mortgages.and other evidences of
kution and the International City Management Association Retirernent Corpora- indebtedness or ownership,investment companies,common or group trust funds.
lion(hereinafter he'Trustee"or'Retirement Corporationj,a nonprofit corpora- or separate and different types of funds(including equity,fixed income)which
lion organized and existing under the laws of the Sate of Delaware,for the purpose futfill requirements of state and local governmental laws,provided,however,that
of investing and otherwise administering the funds set aside by Employers in the Employer may direct irvestrnent by the Trustee among available investment
connection with deferred compensation plans established under section 457 of alternatives in such proportions as the Employer authorizes in connection with
the Internal Revenue Code of 1954(the'Codej.This Agreement shall take effect its deferred compensation agreements with its employees For these purposes,
upon acceptance by the Trustee of its appointment by the Employer to serve these Trust Funds may be commingled with Trust Funds set aside by other
as Trustee in accordance herewith as set forth in the attached resolution. Employers pursuant to the terms of the ICMA Retirement Trust Investment powers
vested in the Trustee by the Section may be delegated by the Trustee to any bank,
WHEREAS,the Employer has established a deterred compensation plan under insurance or trust company,or any investment adviser,manager or agent selected
section 457 of the Code Mw'Plan): by it.
WHEREAS,in order that there will be sufficient funds available to discharge Sectlon 2.2 Administrative Powers of the Trustee: The Trustee shall have
V*Employer's contractual obligations under the Plan,the Employer desires to the power in its discretion:
W aside periodically amounts equal to the amount of compensation deferred:
(a)To purchase, or subscribe for,any securities or other property and to
WHEREAS,the funds set aside,together with any and all assets derived from retain the same in trust.
the investment hereof,are to be exclusively within the dominion,control,and
ownership d the Employer,and subject to the Employer's absolute right d with• (b)To sell, r property convey,transfer iv otherwise dispose of airy auction.
drawal no employees having any interest whatsoever therein; ties Or other property held by it,dY private contract,or at public auction.
No person dealing with the Trustee shall be bound to see the application
NOW,THEREFORE,this Agreement witnesseth that(a)the Employer will pay d the purchase money or to inquire into the validity,expediency,or propri-
monies to ft Trustee to be placed in deferred compensation accounts for the ety of any such sale or other dispowtion.
Employer;(b)the Trustee covenants that it will hold said sums,and any other (c)To vote upon any stocks,bonds,or other securities;to give general or
tends which it may receive hereunder, in trust for the uses and purposes and special proxies or powers of attorney with or without power of substitution
upon the terms and conditions hereinafter stated:and(c)the parties hereto agree to exercise any conversion privileges.subscription rights,or other options.
as follows: and to make any payments incidental thereto,to oppose.or to consent to,
or oherwise participate in,corporate reorgarimtions or other changes atfed-
ARTICLE 1. GENERAL DUTIES OF THE PARTIES ing corporate securities,and to delegate discretionary powers,and to pay
Section 1.1 Genww Duty of tM Employer. The Employer shall make regu• any assessments or charges in connection therewith;and generally to exer-
Jar periodic payments equal to he amounts of its employees'compensation cise any of the powers of an owner with respect to stocks,bonds.securities
which are deterred in accordance with the terms and conditions of the Plan or other property held as Part of the Trust Funds.
b he extent hat such amounts are to be invested under the Trust. (d)To cause any securities or other property held as part of the Trus:Funds
Section 1.2 Gerwral Dudes of tM Trusbe: The lrustee shall hold an funds 1D be registered in its own name,and to hold any investments in bearer forth,
r with the income therefrom.shall COs, but he books and records of the Trustee shall at all times show that all such
received ny it hereunder,which,together Wtvestrnertts are a pan d the Trust Funds.
stitute the Trust Funds.lt shall administer the Trust Funds,collect the income
thereof,and snake payments theretom,all as hereinafter provided.The Trus- (e) To borrow or raise money for the purpose of the Trust in such amount.
be shall also hold an Trust Funds which are trarufened to it as auxessor trustee and upon such terms and conditions,as the Trustee shall deem advisable;
by the Employer from existing deferred compensation anangemerts with its and,for any sum so borrowed,to issue its promissory note as Trustee.and
Emooyses under,plans described in section 457 of the Code Such Trust Funds to secure the repayment thereof by pledging all, or any part,of the Trust
shag be Kbpect to all of he terms and provisions of his Agreement. Funds.No person lending money to the Trustee shall be bound to see the
application of the money lent or to inquire into its validity,expediency or
ARTICLE II. POWERS AND DUTIES OF THE TRUSTEE IN INVESTMENT, propriety of any such borrowing.
ADMINISTRATION,AND DISBURSEMENT OF THE TRUST m To keep such portion of the Trust Funds in cash or cash balances as
FUNDS. the Trustee,from time to time,may deem to be in the best interest of the
.section 2.1 lnvrstment Pawners and Duda of the trustee: The Trus•
Trust created hereby.without liability for interest thereon.
tee shall have he power to invest and reinvest the principal and income of (g)To accept and retain for such time as it may deem advisable arty secun•
the bust Funds and keep he lust Funds invested,without distinction between ties or other property received or acquired by it as Trustee hereunder whethe,
principal and income,in securities or in other property,real or personal,wher• or not such securities or other property would normally be purchased as
ever aia,ated,inducting.but not limited to,stocks,common or prelened,bards, investment hereunder.
7
(h)To make,execute,acknowledge,and deliver any and all documents of When an account becomes an account elated,such account shall be finally
transfer and conveyance and any and all outer in orumerts that may be settled,and the Trustee shall be completely discharged and released,as if such
powers herein ranted. account had been settled and allowed by a judgment or decree d a court of
_ -necessary or spp►owiate to carry out the pow! g
n To settle, compromise, or submit to arbitration any claims, debts, or competent jurisdiction in an action or proceeding in which the Trustee and the
damages due or owing to or from the Trust Furls:to commence or defend Employer were parties.
sift or legal or administrative proceedings;and to represert the Trust Funds The Trustee shall have the right to apply at any bme to a court d competent
in all suits and legal and administrative proceedings. jurisdiction for the M:hcal Settlement of its account.
Q To do SO such acts,take all such proceedings,and exiefdse all such rights
and privileges,a"xxjgh not specifically mentioned herein,as the Trustee ARTICLE VI. RESIGNATION AND REMOVAL OF TRUSTEE
may deers necessary to administer the Trust Funds and to carry out the Section 6.1 Resignation of Trustee: The Trustee may resign at any time
purposes of this Trust. by filing with Nte Employer its written resignation.Such resignation.shall take
Section 2.3 Distributions from the Trust Funds: The Employer hereby effect sixty(60)days from the date of such filing and upon appointment of
appoints the Trustee as its agent for the purpose d making distributions from a successor pursuant to Section 63.,whichever shall first occur.
the Trust Funds.In this regard the terns and conditions set forth in the Plan
are to guide end control the Trustee's power. Section 6.2 Removal Of Trusts!: The Employer may remove the Trustee
at ary time by delivering to the Trustee a written nonce of its removal and an
Section 2.4 Valuation of Trust Funds: At least once a year as of Valuation appointment of a Successor pursuant to Section 63.Such removal shall not
Dates designated by the Trustee,the Trustee shall determine the value d the take effect prior to sixty(60)days from such delivery unless the Trustee agrees
Trust Funds.Assets d the Trust Funds shall be valued at their market values to an earlier effective date.
at the close of business on the Valuation Date,or,in the absence of readily
ascertainable market values as the Trustee shall determine,in accordance with Section 6.3 Appointment of Successor Trustee: The appointment d a
methods consistently followed and uniformly applied. successor to the Trustee shall take effect upon the delivery to the Trustee of
(a)an instrument in writing executed by the Employer appointing such suc-
ARTICLE 111. FOR PROTECTION OF TRUSTEE censor,and exonerating such successor from liability for the acs and omis-
sions of its predecessor,and(b)an acceptance in writing,executed by such
Section 3.1 Evidence of Action by Employer. The Trustee may rely upon successor.
any certificate,notice or direction purporting to have been signed on behalf All of the provisions set forth herein with respect to the Trustee shall relate
of the Employer which the Trustee believes to have been signed by a duly to each successor with the same force and effect as H such successor had
designated official of the Employer.No communication shall be binding upon been originally named as Trustee hereunder.
any of the Trust Funds or Trustee until they are received by the Trustee. H a successor is not appointed within sixty(60)days after the Trustee gives
any�oour>- notice of its resignation pursuant to Section 6.1.,the Trustee may apply to any
Sector 3.2 Advice the Counsel: The Trustee may cent.it court d competent jurisdiction for appointment d a successor
W with respect to ttte construction d this Agreement,its duties hereunder.
or any act,which it proposes to take or omit,and shall not be liable for any Section 6.4 Transfer of Funds to Successor: Upon the resignation or
action taken or omitted in good faith pursuant to such advice. removal of the Trustee and appointment of a successor, and after the final
account d the Trustee has been property settled,the Trustee shall transfer and
Section 3.3 Miscellaneous. The Trustee shall use ordinary care and reasorta• deliver any d ttte Trust Funds involved to such successor
ble diligence,but shall not be liab d jule for any mistake dgment or other action
taken in good faith.The Trustee shall not be liable for any loss sustained by
the Trust Funds by reasons of any investment made in good taith and in accor- ARTICLE VII.DURATION AND REVOCATION OF TRUST AGREEMENT
dance with the provislons of the Agreement. Section 7.1 Duration and Revocation: This Trust shall continue for such
The Trustees duties and obligations shall be limited to those expressly lime as may be necessary to accomplish the purpose for wh ch it was created
imposed upon h by this Agreement. but be terminated or revoked at any time by the Employer as it relates
to any and/or all retated participating Employees Written notice of such termi.
ARTICLE IV.TAXES, EXPENSES AND COMPENSATION OF TRUSTEE nation or revocation shall be given to the Trustee by the Employer Upon ter-
Section 4.1 Taxes: The Trustee shall deduct from and charge against the Trust mintalion or revocation of the Trust,all of the assets thereof shall return to and
revert to the Employer.Termination d this Trust shall not,hovevec red eve the
Funds any taxes on the Trust Funds o the income of any a which the Trust Employer d the Employers continuing obligation to pay deterred compensa-
te!is required to pay with respect t0 the interest d arty person therein.
Lion to Employees in accordance with the terms of the Plan.
Section 4.2 Expenses: The Trustee shall deduct from and charge again
9v Trust Funds all reasonable expenses incurred by the Trustee in the adminis- Section 7.2 Amendment: The Employer shall have the right to amend this
Mon of the Trust Funds,including counsel,agency,invesirrtent advisory,and Agreement in whole and in part but only with the Trustees written consent.
other necessary fees. Any such amendment shall become effective upon(a)delivery to the Trustee
of a written instrument of amendment,and(b)the endorsement by the Trus-
tee on such instrument of its consent thereto.
ARTICLE V. SETTLEMENT OF ACCOUNTS
The Trustee shall keep accurate and detailed accounts of all investments. ARTICLE VIII. MISCELLANEOUS
receipts,disburserttenus,and other transactions hereunder.
Within ninety(90)days after the dose of each fiscal year,the Trustee shall ten Section 6.1 Laws of the District of Columbia to Govem: This Agree-
der in duplicate to fine Employer an account d its acts and transactions as Trus• ment and fine Trust hereby created shall be construed and regulated by the
tee hereunder.H any part of the Trust Fund"I be invrsted through the medium lews of the District of Columbia.
d any common,collective or commingled Trust Funds,the last annual report Section 6.2 Successor Employare: The'Employer"shall include any per-
il such Trust Funds shall be submitted with and incorporated in the account son who succeeds the Employer and who thereby becomes sublet:to the
H within ninety(90)days after the railing of the account Or any amended account obligation of the Employer under the Plan.
the Employer has not filed with fine Trustee notice of any objection to any act
or transaction of the Trustee,the account or amended account shall become Section 6.3 Wlthdrttntrais: The Employer may,at any time and from time to
an account stated.H any objection has been filed,and H the Employer is setis- time, withdraw a portion or all of Trust Funds created by this Agreement
tied that it should be withdrawn or H the account is adjusted to the Employers
sabstaction,the Employer Shall in writing filed with the Trustee signify approval Section 6.4 Gender and Humber. The masculine includes the terms!and
the singular includes the plural unless the context requires another meaning
d the account and H shalt become an account stated.
8
Highlights to the ICMA Retirement Corporation ( RC )
Deferred Compensation Program
I. The Corporation
• Non-profit organization serving only the public sector
• Sponsored by 14 Public Employer Associations
• Portable among more than 330 California local government
agencies and 2 , 800 nationwide
II. The Investments
o Full portfolio of vehicles ranging from aggressive growth
to guarantee of principal
o A total of 14 diversified fund managers to reduce risk
o All funds protected against insolvency of RC by
investment in the ICNA Retirement Trust
III. The Cost
o $1 . 00 monthly account maintenance fee, waived for
employee actively investing at annualized rate of less
than $800 ( $30 . 00 or less bi-weekly)
o All fund performances reported net of plan administration
costs of one .per cent ( 10) annually of Trust assets
- No front load sales charges
- No back-end, deferred sales charges
- No fund transfer fees
- No transaction fees
- No rollover fees
o Plan history of fee reduction since 1972 inception
IV. Withdrawals
o No fee or penalty for any withdrawal
o The most liberal selection of payout schedules allowed
by federal law; in:'3urance annuities optional as well
o 100 o guaranteed return of account balance to employee
or beneficiaries
V. Services
o Include quarterly statements, quarterly employee
newsletters, toll-free service line, 24-hour toll-free
Rateline, year-end career benefit projections , salaried
(non-commissioned) field staff, availability of no annual+a-
VISA card for all participants
(
ICMA Retirement Corporation
t x j u• Variable Funds
srp 'hY Tat All returns are net of fees.
stock-* Balanced Bond
1975 50.3► 4.23♦ 4.421
1976 32.0 14.31 9.39
1976- -- 9.75 5.07
1977 20.5 (2.611 3.56
ifJlxf� ( t2y 1978 34.8 4.07 2.98
Iu ar RIB Grl»,; 1979 49.6 17.50 6.37
{t to {Fr rrF ltz f� 1980 58.9 25.00 7.76
1981 8.9 (4.84) 9.70
1982 2 2
28.7 9.57 5.39
1983
)�z t�e +�'t.•'1r'�"1"'y,,: ,+ 1985 36.01 28.00 19.32
2.11 10.81
1986 19.4 16.24 14.72
yJ x ;ya..){A„�re/"•rr"f ` i 1987 2.72 0.08 1.90
1988 thru June 12.44 14.23 3.63
Investment performance for the funds as they are currently managed
began in 1975.
•• The Stock Fund's historic performance prior to April 1983 is based
on actual per of the 20th Century Select Investors and
Fidelity Magellan mutual funds.
t r-I t j *•+ The 10-month period ending December 31, 1976, which occurred when
a_., :..,•,,.a'=_�`c T..t,.Y'a our fiscal year end was changed from February 28 to December 31.
4z x i
,1 6
Variable Fund Managers
Stock Fund:
* Fidelity Management Trust - Fidelity Magellan,
Poston, Massachusetts
Investors Research Corporation - Twentieth Century
Select, Kansas City, Missouri
f,
Newbold's Asset Management, Philadelphia,
i pr r Pennsylvania
a
s t •' Balanced Fund:
= a'• Invesco Capital, Atlanta, Georgia
,.6
`f,e:• _ :_-:_� Forstman-Leff Associates, New York, New York
Investment Counselors of Maryland, Baltimore, Maryland
Bond Fund:
1 American Security Bank, Washington, D.C.
- Dewey Square Investors, Boston, Massachusetts
.1 Lowe, Brockenbrough, Tierney and tattersall,
Richmond, Virginia
ICMA kel-irement Corporation
- Guaranteed Fund
Below are the net interest credits for the ICMA-RC Guaranteed Funds:
Deposit
Period 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1
7/79-9/81 13.0% 13.0% 13.0% 13.0% 13.0% 13.0°%*
10/81-6/82 14.0% 14.0% 14.0% 14.0% 14.0%*
7/82-6/83 15.25% 15.25% 15.25% 15.25% 15.25$*
7/83-12/83 11.0% 11.0% 11.0$ 11.0%*
1/84-2/85 11.75% 11.75% 11.75% 11.75% 11.75% 11.75$*
3/85-7/85 11.5% 11.5% 11.5%* 11.5% 11.5% 11.5% 11.5% 11.5% 11.5%*
8/85-12/85 10.5% 10.5% 10.5%* 10.5% 10.5% 10.5% 10.5% 10.5% 10.5% 10.5%*
1/86-3/86 10.0% 10.0% 10.0% 10.0% 10.0% 10.0%*
4/86-6/86 7.25% 7.25% 7.25%*
7/86-9/86 7.35% 7.35% 7.35% 7.35%*
10/86-11/86 7.28% 7.28% 7.28% 7.28% 7.28% 7.28%*
i 12/86-3/87 7.30% 7.30% 7.30% 7.30% 7.30%*
: 4/87-6/87 6.80% 6.80% 6.80% 6.80% 6.80% 6.80% 6.80°% 6.80%*
7/87-8/87 7.80% 7.80% 7.80% 7.80% 7.80% 7.80%*
9/87-11/87 8.10% 8.10% 8.10% 8.10% 8.10% 8.10% 8.10% 8.10%
12/87-2/88 8.10% 8.10% 8.10% 8.10% 8.10% 8.10% 8.10%*
3/88-5/88 7.2% 7.2% 7.2% 7.2% 7.2% 7.2% 7.2%*
6/88-8/88 8.11% 8.11% 8.11% 8.11% 8.11% 8.11% 8.11$'
*At the maturity of each contract, RC will receive the book value, plus earnings, and trill
reinvest those funds with the insurance company offering the highest and best guarantee at
that time. Participants will have the following options:
A. Leave funds in the Guaranteed Fund at the new guaranteed rate.
B. Transfer all or part of the funds to another investment option offered by RC.
Guaranteed Fund Underwriters
John Hancock Mutual Life Insurance Company, Boston, Massachusetts
New York Life Insurance Company, New York
The Prudential Insurance Company of America, Newark, New Jersey
Transamerica Life Insurance and Annuity Company, Los Angeles, California
The Travelers Life Insurance Company, Hartford, Connecticut
Over for Variable Fund Performance
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The plan administered by the ICNIA i J�deferred compensation plan is an agreement How much salary can be deferred?
Retirement Corporation offers: I1 between you and your employer providing
" for a specific amount of vour salary to he paid You may defer a maximum of_>percent of your
ti to you at a later date.In other words,payment of total salary or$7500 per year,whichever is less.
• the most flexible deferred part of your salary is deferred,and so is your The RC Plan does not require a minimum amount
for deferral,although your employer may choose
compensation plan approved tax liability.This deferred income is deposited into to impose a minimum requirement.With the RC
by the Internal Revenue your RC account through payroll deduction and plan,you also have the flexibility to increase,
Service invested in your choice of RC's trust finds. decrease,stop and restart contributions as often as
• the lowest fees of any nationally 3 By participating in such a plan.you have the advan- you wish,subject to your employer's approval.
ti tage of There are no fees or penalties associated with
available plan i these transactions.
A lax s6rltn:You do not pay current income
• no penalty for early withdrawal I taxes on money you defer.As a result,you pay How is the plan regulated?
of funds less tax each year,and the money you would The IRS established deferred compensation under
have paid in taxes is invested for your future
• pel sonnli;e!1 service thrOUgh security.In addition,you pay no taxes on the Section•157 of the Internal Revenue Code,which
toll-free numbers and a nation- earnings in your account as they accrue.When allows public employers to retain ownership of
you withdraw benefits,usually during retirement, that part of salary which you defer.Since your
wide network of representatives employer is exempt rrotn taxes,no tax is charged
you will pav income taxes only on the amount
• a plan endorsed anti sponsored you receive each year.In most cases,those who on the investment earnings while they are owned
defer income instead of investing in a regular by your employer.There is no"double taxation,
by 16 major public service and the money not paid in taxes continues to work
associations servin'r local savings account can build more savings over the
o long term as a result of investing money that for you.
government would otherwise go to taxes. Since deferred compensation funds remain an as-
A retireu¢nt plan.A deferred compensation plan set of your employer until you are eligible to
serves as an excellent way to supplement other receive benefits,you may not borrow against the
retirement savings programs,including Social account nor may you use deferred compensation
Security.Since you pay all required Social Secu- as collateral of any kind.for the same reason,your
rity taxes each year you are emploved,even if creditors may not place a claim against your account.
you defer compensation,you will receive full As with all deferred compensation arrangements,
the account legally must he subject to claims oEthe
Social Security benefit}during retirement.
employer's creditors.
A flexible ianrtirnrnt proiomn.Defct-red Comtic nsa-
i tion is invested according to your choice ofa
variety of investment vehicles.Earnings,also
tax-deferred,are invested as they accrue.Qua
terly account statements allow you to monitor
investment activity,and you may change your
investment choices,increase or decrease your
i deferral,or transfer accumulated assets among
the investment options.
MAIR
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Participation Aword about retirement savings A s an administrator,RC offers several unique Service
You are eligible to participate if you are employed Individual retirement planning is becoming in- features which benefit all participants. RC's service representatives are located through-
by the country to meet with you and keep you
by a local government(or an agency or inscrumen- creasingly important,especially with the unver- ; Lowest fees informed about the plan.All representatives are
talky of a local government)which has appointed Cain status of Social Security.Deferred compensation RC's fees are the lowest of an ocher nationally
RC to administer its deferred compensation plan. provides an excellent tool for retirement planning. y full-time salaried employees and do not receive
available deferred com
To enroll,complete the"Employee Action Form" Since RC requires no minimum deferral,you may pensation plan.They are: commissions. r hey are available co help you with
available from your employer or from an RC contribute as little or as much of your yearly A st.00 noutbly account maiotruance Ire.This fee any aspect of the plan.
service representative, maximum as you wish. is waived for participants actively contributing In addition.RC's participant services stab-may
! at a rate of less than 5800 per year. be reached by toll-free telephone lines at any
If you have an IRA(Individual Retirement Account), Before you decide to participate,however,you j time Burin'normal busincys hours.You may
you are still eligible to participate in the RC Plan, should evaluate your financial situation.Since with- An numml administrntirc fee of 1 r charged against b
and you may contribute the maximum to both drawals from a deferred compensation account { the assets in your account.All earnings are direct any questions about the plan or about yo
accounts. are strictly regulated by the IRS,your accumu• credited to accounts and reported to partici- account to this group.
lated assets are not as accessible as bank or credit t pants net of this fee. Investment choices
union savings and cannot be used for purchases t Revenue from the fees is applied directly to the
such as a car or home.An RC account should be administration of your account,As a nun-profit The RC Plan features a wide range of investment
viewed primarily as a tax-sheltered retirement corporation,RC has no stockholders to pay,so options considered prudent for retirement planning.
fund' j fees can be kept toa minimum.Since 1980,RC has RC contracts with several independent investment
returned to participants the benefits of the company's managers to handle each fund option,providing a
growth by reducing fees three times. diversified investment strategy.Managers for each
fund are chosen to complement each other in
No penalties differing economic climates,which helps protect
your assets against substantial market fluctuations.
The RC Plan imposes no penalties for any with- The investment options are described in detail
drawal allowed by law. You never pay a penalty on page 9.
in any instance, including these:
you have an unforeseeable emergency and wish RC reports
to withdraw all or part of your account. following the end of each quarter,you will receive
you wish to schedule payments when leaving a statement detailing your account's activity.You
will also receive the quarterly newsletter,1;C r\,tn.
employment prior to retirement,
you wish to take your benefits in a lump sum or a which keeps you to date on new Ian features,
changes in the law,and bond performance.RC's
over a spurt time period, annual corporate investment report is also avail-
You always receive the full value of your account, able to you,giving you detailed investment info,
including all earnings,whether you draw your mation and a complete summary of corpor•are
assets in a lump sum or in periodic payments. investment policies.
Gal
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4 5
Changing jobs you may withdraw from your account in these SChedUhng benefits
When you change employers within the public trust funds. You also retain all of the privileges of 1 circumstances: You may set Up ally schedule n1 payments that is
sector you may move your RC-administered plan participation such as fund transfers and qu:rterly kefirrutnd.You may choose to receive benefits convenient for you,including:
reports. Upon returning to work for public y immediately or postpone the beginning of'pay- a lent sum payment
to your new employer's plan,if that plan is also P P g P ! P- F•-
a Section 457 deferred compensation Ian. Upon emplover,you may resume contributing if your a merits co any date up to the year of your 70th
P P P birthday. Peric dic payments lmonthh;quarterly,etc.?
retirement,you will receive single benefit payments new employer offers a deferred compensation ' >' over a specifier{number of yearn
and deal with only one organization, regardless plan. You may consolidate your deferred coin- ` Trrutivarion of F.uy4oI•utrut.Whet ytnr leave your
of the number ryt public employers you served. pensation accounts into your current employer's job,for any reason,you have the option of periodic payments(monthly;quarterly;etc..
account.(This may he done regardless of whether withdrawing Your deterred compensation at that over your determined life expectancy
If you go to work for a private company,you may you have already established a date for withdraw- time or at a future(late,specified by you nt the
no longer contribute to the plan.The funds you als to begin.) P Periodic Payments of a specific amount uvr
have contributed up to that time may he with- time you leave your job. years until the account is exhaust d
drawn or left to accrue tax.-free earnings in RC's lhibirserable Emergrucr.The IRS allows withdraw- purchase of a lifetime annuity
xis to cover the cost of an emergency that is
unforeseeable and unbudgetable.The funds in When you retire,RC offers extensive assistance to
low Deferral Affects Your Current Taxes your deferred compensation account must rep- determining the benefit payment program that
resent a last resort.In gencral,expenses such is best suits your needs.By calling RC•s toll-free
college tuition or purchase of real rsnuc would number,you may obtain help in planning for your
fable I illustrates the;hurt tcrm effect on your paycheck ul deferring compensation.This example cumpares not quallfv aS an Unforeseeable emergency,while retirement,including estimated benefit proiecrions
two mploy,e,each earning$20,0ou annually. F.,ch employee has derided to set aside 101",ul annmd salarY,
or 52,000 this year,fur retirement-)ohn I)—is a participant tit the RC dcfered conrpe salion plan,su lie defers .l rnediCal emergency not Covered by insul-MICC for.(var'Iety of paynent schedule options.for
those participant,who wish to purchase an annuity;
probably would qualify. P 1 1
income and the subsequent tares until he actually receives these numics during retirement.Mary Smith is P q
saving li,r retirenuctit through a t.onvcnuiunal savings plan,she pays inosl of the tax ou the savings nun.•. RC surveys the market to identity the highest
Death.In the event of your death.your heneti- paving policy available and then compares this
Over the;hart team,John Doe and Mary Smith set aside the same a[nuunt for savings,but Clary is eligible to receive the full x•altle of your
• available payment options.
amount with other'
John pays$12 less in federal income taxes out of each paycheck,or a total of$312 a year.As a result,he account,including earnings.Beneficiaries may
has$312 more each year than Mary u,either use as spendable income or to apply to additional savings. - withdraw the asscts.in a lump sum of-in periodic' Aspecial note about IRS regulations
•
It only costs john 51,689 this year to set aside$2,000 for retirement. payments.
The RC Plan has been approved by the IRS and
Your benefits arc based on the total value of your
complies fully with all federal regulations.At the
` Table 1.The Short Term:Participant's Paycheck*
contributions plus accrued investment returns.No same time,RC has constructed the most liberal
Mary Smith withdrawal enalties arc assessed.As you withdraw
John Doe Conventional P l plan allowed by law;giving you as much flexibility
NC Plan Savings your benefits,assets remaining in your account as possible.In order to take advantage of this
---- ---- continue to be invrstcd,continue to draw earnings, flexibility;you should be aware of certain procedures,
i Bi-weekly paycheck $769.23 $769.23 and remain tree from taxation until withdrawn.
109 of paycheck in savings through RC's deferred corn pcnsation plan $ 76.92 NONE The INS requires that each plan name an age,no
10 7,of paycheck in savings through conventional channels NONE $ 76.92 later than age 70,at which alt participants or
Amount of paycheck subject to current income taxes $692.31 $769.23 begin to receive benefits.RC has chosen th
Spendable or net income per bi-weekly paycheck $640.31 $628.31 mum age,7 0,so that no participant is rrymi
begin drawing benefits earlier than that date.
5
i `This illustrati,m,based
d on federal tax tables ,r !9M.assumes that hwh John Doe and Mary Smith are married and claiming three i' However,if you wish to begin receiving benefits
exemptions.State,local and FICA taxes are not included in this illustrauun,but in acme cases there would be further savings resulting
from lower stare and Iocal taxes.
f
[tl 4 [ •C I"rY L i` '14 Wh•{ t .r `At-^'i' i'�s;Y',. i., ��>1l :\'a:.. LV�iiC'�4t i�..!� -.:�`rw'�tCYi.v-ti]�'+1
6
earlier than your 70th birthday,the RC Plan has a schedule until a month before your payments are Investing in more than one fund option offers Balanced Fund
mechanism you may use.At the time you leave to begin,and the schedule itself can be regular or you the opportunity to affect the long-term
employment,whether through retirement or irregular.However,once you begin receiving growth of your retirement benefits in relation to The Balanced Fund emphasizes
orate a d common hocks,
otherwise,you have a 60-day period in which to payments,IRS regulations prohibit any changes in your personal preferences and needs.You may but also includes balance o and government ch ac-
name an alternate age to begin a benefit schedule. the schedule unless you have an unforeseeable tics to provide n balance of investments on ition acts
B b >' allocate all of your deferred compensation to a
This alternate age can be an age prior to age 70. emergent as t buffer against changing market conditions and
b Y g P 6 0 ) single fund or you may split it among funds in any potential losses.On a year-to-year base,}rou should
You also have considerable flexibility in setting up In addition,if you choose to work beyond age 70, way you choose.In addition,you have a contiml expect fluctuations in earnings,and in any given
a payment schedule.You do not have to choose a you may continue to contribute until you retire. ing option to reallocate both future contributions year a loss may be experienced.
and past accumulations.
To meet your diverse needs we currently offer
these investment choices:
Examples of Benefit Payments
Stock Fund Bond Fund
Table 2 gives examples of estimated payments an employee might receive after contributing 51,000 each year The Stock Fund,as an aggressive investment vehicle, The Bond Fund invests in high quality corporate
for different numbers of years,assuming the fund's earnings average IWA per year.The calculations are based
on monthly contributions of$83.33,earnings on which are compounded monthly.The anticipation of an average- invests fully in common stocks of corporations. bonds and government securities.Year-to-year
earnings rate of 107,is merely an assumption for the purposes of this illustration. This fund has the potential for the highest long- fluctuations in earnings will be moderate.
You would pay income tax on these payments as you receive them,the amount depending on your individual term returns ofanv of RC's funds,at a significantly
tax situation, higher level of risk.In any given yeah•,substantial
gains or losses may occur due to changing marker
Table 2.Approximate Benefit Payments conditions.Because of these fluctuations in earnings,
only participants whose investment horizon is long- Guaranteed Fund
5 10 15 20 25 30 term,or who can tolerate potentially large short- The Guaranteed Fund offers a guarantee of princi-
If you defer$1,000 each year for: Years Years Years Years Years Years term losses,should consider investing in this fund. pal plus a competitive rate of return.Interest rates
Your total contribution will be: $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 are guaranteed on current deposits for a specific
At the end of the period an average time period,usually three to five years.Since the
101,annual growth will result in total fund's inception, RC has eonsistenth offered guar-
,71,annual
$1,506 57,212 $19,825 $43,805 486,486 $159,936 anreed rates that arc competitive in the deferred
compensation marketplace.
Some examples of the amounts available
to you at the end of the period would be:
(1)a lump-sum equal to: $6,506 $17,212 $34,825 $63,805 $111,486 $189,936
(2)monthly payments for 10 years
each equal to: $86 $227 $460 $8.13 $1,473 $2,510
(3)monthly payments for 15 years
each equal to: $70 $185 $374 $685 $1,198 $2,041
(4)monthly payments for 20 years
each equal to: $62 $166 $336 $615 $1,075 $1,833
ismr,6.{, n.n! .•'fTn.`:L�.:e tr• 'y:.:vt t:i^Ar::: Y:... as:.,. !' .t:):! ::>•.
8 9
Investment strategy Each fund administered by RC has degrees of risk The ICMA Retirement Corporation was the first The RC Plan is sponsored by the following
Assets you entrust to RC cannot be insured through associated with the fund's stated objectives. 1 to offer a nationally available public employee organizations:
any federal depository insurance program.How- Before you make your investment decision,you deferred compensation plan.\rii'ith start-up grants International City Management.association
should determine your own risk tolerance,invest- and loans from the Ford Foundation and the Inter-
ever,several procedures and practices serve to Government Finance Officers association
protect the funds. ment needs,and time available for"waiting out" ` national City Management Association,RC was
market fluctuation.Then become familiar with I formed in 1972 as a non-profit,rase-exempt organi- ;rational Institute of lMunicipal Law Officers
The Guaranteed Fund is invested through con- the character of each RC fund.Full descriptions zation by local government officials.As the pio-
tracts guaranteeing both protection of principal anti stated objectives of each fund arc given in neer in the field of local government deferred National League ofCicies
and a rate of return for a specific time period. RC's annual investment report.RC's service repro- compensation,RC is committed solely to seeking American Society for Public Administration
The contractual nature of the investments pro- sentatives will supply information and literature, the highest possible investment return for partici- American Planning Association
tects participants and RC from default by the but they cannot recommend investment vehicles pants at the lowest possible cost.RC currently
underwriters. appropriate for you.Nor does your employer administers the largest single pool oflocal govern- American Public Works Association
Because of the types of holdings in the variable have the responsibility to advise you on this ment deferred assets;over 2,800 local govern- American Public Power Association
funds,there is no insurance against losses of prim- decision.If your employer does offer guidelines ments offer this deferred compensation plan to
or suggestions,they are not to be construed, their employees.or Officials and Code Administrators
cipal and no assurance of earnings.However,each n any way,as actions for which your employer International
fund has specific stated goals and objectives which RC's Board of Directors is responsible for carrying
investment managers must foilow.The RC Board assumes liability or ethical responsibility. out the overall management of the plan.including American Association of Air p ort Executives
i of Directors reviews the managers'performances investment administration and compliance will, International Institute of Municipal Clerks
quarterly and rneea;with each manager annually federal regulations.Board members are selected American Public Gas Association
to review strategy and adherence to the foods' on the basis of their knowledge and experience
objectives.The Board has modified investment relatal to the activities conducted by RC.In addition, International Association of Assessing Officers
objectives to improve returns and has replaced the Board of Trustees of the ICNiA Retirement American Public Transit Association
managers who have not performed satisfactorily. Trust is responsible for monitoring RC's perform-
ance and representing the interests of partici- American Institute of Certified Planners
pants in the program.These trustees are elected International Association of Fire Chiefs
i
annually by the employers participating in the
ICMA Retirement Trust
2 -
5/88
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