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HomeMy WebLinkAboutAgenda Report - December 16, 1992 (74)OF CITY OF LO®I COUNCIL COMMUNICATION AGENDA TITLE: Amendment to City of Lodi Deferred Compensation Plan as it Pertains to Withdrawals by Retired Employees MEETING DATE: December 16, 1992 PREPARED BY: Assistant City Manager RECOMMENDED ACTION: The City Council add the following sentence to Section 6.03 of the Deferred Compensation Plan: "Participants in Distribution may at anytime 'cash out, all funds . " BACKGROUND INFORMATION: The City has had a deferred income plan since 1937. Since that time many employees have retired. Our plan does provide a great deal of flexibility until an employee begins receiving benefits. Once he/she retires they are locked into the choices they made upon retiring. The Deferred Canpensation Committee recognizes that after retirement, needs change and the retiree may have bona fide reasons to change the method of distribution. Internal Revenue Service (IRS) regulations will not allow Changes at the request of the employee as that would be considered "constructive receipt" and would subject all monies in the plan to be subject to taxation. IRS has no problem with an employee receiving all hie funds as they will be subject to tax at that time. Therefore, the committee recommends a change in our plan which clarifies the right of a person to receive those funds at anytime. FUNDING: None required Respectfully submitted, L ,nA" erry L. Glenn Chair, Deferred Compensation C' I'm Assistant City Manager JLG hr Attachment CCCOM671/TXTA.07A �' % ; (- APPROVED: /k.dJ THOMAS A. PETERSON City Manager RESOLUTION NO. 92-..J A RESOLUTION OF THE LODI CITY COUNCIL AME^iMlt�G THE CITY OF LODI DEFERRED COMPENSATION PLAN AS IT PERTAINS TO WITHDRAWALS BY RETIRED EMPLOYEES =ca=c=scc=c=case==caa==as=aa=ccasa==c=s=a=aas=asses=aaaaaaaaaaaaassaaaa BE IT RESOLVED, that upon the recommendation of the Deferred Compensation Committee, the Lodi City Council does hereby approve an amendment to the City of Lodi Deferred Compensation Plan as it pertains to withdrawals by retired employees by adding the following sentence to Section 6.03 of the Deferred Compensation Plan: "Participants in Distribution may at any time 'cash out' all funds." Dated: December 16, 1992 assaaaaaaasassa:mesas:assssaasassssssasasssssasasssaaaa:sasaaasssaassss I hereby certify that Reeolutfon No. 92-190 was passed and adopted by the Lodi City Council in a regular meting held December 16, 1992 by the following vote: Ayes= Council Members - Davenport, Mann, Sieglock, Snider and Pennino (Mayor) Noes= Council Members ' None Absent: Council Members - None AV/1 - ►lice M. Rimche City Clerk 92-190 RES92190/TXTA.02J