Loading...
CC Resolution 2013-046RESOLUTION NO. 2013 - 046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE 415 AMENDMENT TO THE CITY OF LA QUINTA FISCALLY RESPONSIBLE REDUCTION PLAN WHEREAS, the City of La Quinta ("City") has previously adopted the City of La Quinta Fiscally Responsible Reduction Plan ("FRRP") for the benefit of certain former employees who voluntarily exercised their option to separate from City service; and WHEREAS, the City made a determination letter application to the Internal Revenue Service ("IRS") requesting approval of the FRRP document; and WHEREAS, on August 15, 2013, the IRS issued a favorable determination letter with respect to the FRRP document, which is conditioned upon the adoption of an amendment to the FRRP document that incorporates by reference the requirements of Section 415 of the Internal Revenue , Code (the "415 Amendment"), a copy of which is attached as "Exhibit A". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council does hereby adopt the 415 Amendment to the City of La Quinta Fiscally Responsible Reduction Plan, which amendment is set forth in Exhibit A to this Resolution, effective as of February 15, 2011. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of October 2013, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON A LPH, Oayor City of La Quinta, California Resolution No. 2013-046 415 Amendment Adopted: October 1. 2013 Page 2 ATTEST: s"-4� OWA--- SUSAN MAYSELS, 61ty Clerk City of La Quinta, California (CITY SEAL) APPROVED AS",TO; All M.'KATKERINE J NSON, City Attorney City of La Quint$,/California EXHIBIT A AMENDMENT TO THE CITY OF LA QUINTA FISCALLY RESPONSIBLE REDUCTION PLAN WHEREAS, the City of La Quinta (the "Employer') has previously adopted the City of La Quinta Fiscally Responsible Reduction Plan (the "Plan'); and WHEREAS, the Employer has the right to amend said Plan in accordance with Section 5.3 of the Plan; and WHEREAS, the Employer desires to amend the Plan to comply with certain regulations applicable to the Plan. NOW, THEREFORE, the Plan is hereby amended as follows: Effective as of February 15, 2011, Section 6.2 shall be amended to add the following language at the and of such section: "(h) Notwithstanding the foregoing provisions of this Section 6.2, the Plan shall be subject to the final regulations under Code Section 415, the limitations of which are incorporated herein by this reference." This Amendment is hereby adopted this day of dcr"tk- , 2013 effective as of the date set forth above.