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HomeMy WebLinkAboutResolution 10-40 06/21/2010 RESOLUTION NO. 10 - 40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING THE CITY OF SPRINGFIELD, OREGON RETIREMENT PLAN. WHEREAS, the City of Springfield adopted, in Resolution No. 07-30, the 2007 Restatement of the City of Springfield, Oregon Retirement Plan (the Retirement Plan); and WHEREAS, the Retirement Plan provides a "tax remedy" benefit to certain Public Safety Employees, as required by ORS 237.635 and 237.637, 1991 Oregon Laws chapter 796, and 1995 Oregon Laws chapter 569, which generally require the Retirement Plan to provide certain Public Safety Employees with a tax remedy benefit that is equal to or the actuarial equivalent of the tax remedy benefit provided to members of the Oregon Public Employees Retirement System; and WHEREAS, 2009 Oregon Laws chapter 868, section 1, changed the tax remedy benefit provided to members of the Oregon Public Employees Retirement System, by amending the benefit formula in ORS 238.380(4)(a) to replace the maximum Oregon personal income tax rate with a tax rate of 9%; and WHEREAS, the Council desires to amend the benefit formula for the Retirement Plan's tax remedy benefit, by replacing the maximum Oregon personal income tax with a tax rate of 9%, which would be accomplished by deleting Section 6.5. of the Retirement Plan, which states: 6.5 ADJUSTMENT FOR CHANGES IN TAX RATE. The decimal.91 in the formula in Section 6.3.b. shall automatically be adjusted as provided in this Section 6.5. to reflect changes in the maximum Oregon personal income tax rate imposed upon individuals who are full-year residents of Oregon. An increase in such rate by x percentage points shall cause such decimal to be reduced by x 100ths, and a reduction in such rate by x percentage points shall cause such decimal to be increased by x 100ths. For example, following are the decimals that correspond to particular rates: If the rate is: The decimal is: 7 percent 8 percent 9 percent 10 percent 11 percent .93 .92 .91 .90 .89 Any such change in the decimal shall be effective only for distributions made on or after the effective date of the change in such rate. No amount distributed to a Participant or beneficiary before the change is implemented may be recovered from any person or offset against any undistributed benefit of any person to account for any such change.; and WHEREAS, in the Retirement Plan the Council has reserved the right to amend the Retirement Plan to change the Retirement Plan's tax remedy benefit as the Council determines appropriate to respond to any law modifying any requirement ofORS 237.635 and 237.637, 1991 Oregon Laws chapter 796, and 1995 Oregon Laws chapter 569; NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD, that, effective for benefit payments made after June 30, 2009, the Council amends the 2007 Restatement of the City of Springfield, Oregon Retirement Plan by deleting Section 6.5 of the 2007 Restatement, as the 2007 Restatement has been amended to date, and renumbering Sections 6.6, 6.7, and 6.8 of the 2007 Restatement, as the 2007 Restatement has been amended to date, as Sections 6.5, 6.6, and 6.7, respectively; and BE IT FURTHER RESOLVED, that this Resolution shall take effect upon adoption by the Council and approval by the Mayor. Adopted by the Common Council of the City of Springfield, Oregon by a vote of ~ for and ~ against, this 21st day of June ,2010. (1 absent) ATTEST: ~bwL- City Recor r REVIEWED AND APPROVED AS TO FORM: F~ IJIA~ May ~, 2010 OFFICE OF CITY ATTORNEY CITY OF SPRINGFIELD REVIEWED & APPROVED A TO FORM .) L.C!:A \~ ( DATE: \::U 4<<:)\0 OFFICE OF CITY ATTORNEY RESOLUTION NO. 10-40