R08-117
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2 RESOLUTION NO. R08-1/ 1
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING AND
7 AUTHORIZING THE CITY MANAGER EXECUTE THE
8 NECESSARY DOCUMENTS TO THE DEFERRED
9 COMPENSA TION PLANS ADMINISTERED BY
10 NATIONWIDE RETIREMENT SOLUTIONS AND ICMA
II RETIREMENT CORPORATION TO ALLOW ELIGIBLE
12 PLAN P ARTICIP ANTS TO BORROW FUNDS FROM
13 THEIR PLAN ACCOUNT BALANCE; AND PROVIDING
14 AN EFFECTIVE DATE.
15
16
17 WHEREAS, the City Commission of the City of Boynton Beach, upon
18 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
19 City of Boynton Beach to approve and authorize the City Manager to execute the necessary
20 documents to the deferred compensation plans administered by Nationwide Retirement
21 Solutions and ICMA Retirement Corporation to allow eligible plan participants to borrow
22 funds from their plan account balance.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. Upon recommendation of staff, the City Commission of the City of
29 Boynton Beach, Florida does hereby approve and authorize the City Manager to execute the
30 necessary documents to the deferred compensation plans administered by Nationwide
S:\CA\RESO\Deferred Compensation Plan amendment.doc
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II I
1 Retirement Solutions and ICMA Retirement Corporation to allow eligible plan participants to
2 borrow funds from their plan account balance, copies of which are attached hereto as
3 Composite Exhibit "A".
4 Section 3. That this Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this ~ day of October, 2008.
6
7 CITY OF ~EACH, FLORIDA
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24 ATTEST:
25
26
27
28 J t M. Prainito, CMC
29 Y Clerk
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32 (Corpqi:ateS~r, .
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! EXHIBIT
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THE UNITED STATES CONFERENCE OF MAYORS "-
DEFERRED COMPENSATION PROGRAM
PARTICIPANT LOAN ADMINISTRATIVE PROCEDURES
Nationwide Retirement Solutions, Inc. ("NRS"), as Third Party Administrator of the United States
Conference of Mayors Deferred Compensation Program, administers your Deferred Compensation Plan for
Public Employees ("Plan"). Recently issued proposed regulations under Internal Revenue Code Section
457 provide that eligible governmental 457(b) plans may permit loans to Participants. NRS recommends
that you, as Plan Sponsor and/or Employer (hereinafter collectively referred to as "Plan Sponsor"), consult
with your own legal advisor in determining whether you wish to add this optional feature to your Plan.
In the event that you decide to offer loans from your Plan to Participants, you will need to return to NRS at
Nationwide Retirement Solutions, PO Box 182797, Columbus, OH 43272-8450 Attn: Loans
Administrator a fully executed original of this document and a fully executed original of the enclosed Plan
Document Amendment. NRS cannot begin processing Participant loans from your Plan until it receives fully
executed originals of both of these documents.
NRS may need from time-to-time to make changes to the administrative procedures set forth herein and in
the Plan Document Amendment. In such a case, NRS will provide you with timely notice of such changes
as they become necessary.
The following administrative procedures shall govern the making of loans from your Plan:
1. Loan Administration. Plan Sponsor delegates to NRS certain administrative duties regarding the
administration of loans from the Plan, which are set forth herein and which may be modified by NRS upon
timely notice to Plan Sponsor.
2. Loan Eligibility. Any Participant in the Plan is eligible to receive a loan from the Plan. Each
Participant is entitled to one (1) loan at any time. In addition, a Participant who has defaulted on a previous
loan shall not be eligible for another loan from the Plan until all defaulted loans are repaid in full, including
accrued interest and fees.
3. Loan Application and Loan Agreement. In order to receive a loan from the Plan, an eligible
Participant must complete a loan application and return it to NRS. A loan application fee of $50.00. will be
deducted from the Participant's account(s). Before a loan is issued, the Participant must enter into a legally
enforceable loan agreement as provided by NRS. If the Plan Sponsor permits loans for the purchase of the
Participant's principal residence, the Participant will be required to sign a Primary Residence Certificate
form and provide NRS with a copy of the contract or other documents relating to the acquisition of the
dwelling unit. If the source for a single loan includes both the Participant's Deferred Compensation and
Eligible Rollover Accounts, the Participant will be required to complete a loan application and loan
agreement for each account which will be treated as separate and distinct for all purposes herein except
that they will be considered a single loan for purposes of Sections 2, 6 and 10 herein.
4. Loan Repayment/Maximum Loan Term. Repayment of any loan made to a Participant shall be
made in a manner and pursuant to the terms set forth in the loan agreement. The Participant receiving a
loan shall be required to furnish the information and authorization necessary to effectuate the foregoing
payments prior to the commencement of a loan. The maximum term over which a loan may be repaid is
five (5) years (fifteen (15) years if the Plan Sponsor permits loans for the purchase of the Participant's
principal residence).
*These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear
as administrative charges on Participant Statements.
In the event that a Participant elects to receive a distribution from the Plan (other than a distribution due to
an unforeseeable emergency or other in-service withdrawal) at a time when such person has a Plan loan
outstanding, the principal and any accrued interest with respect to such loan shall be taxable.
5. Loan Amortization. Each loan shall be amortized in substantially equal payments consisting of
principal and interest during the term of the loan. Payments of principal and interest shall be made in a
manner and pursuant to the terms set forth in the loan agreement on a monthly basis in equal amounts,
except that the amount of the final payment may be higher or lower. Before the loan is made, the Participant
will be notified of the date on which the first payment will be deducted and the dates on which subsequent
payments are due.
6. Loan Frequency/Renegotiations. Each Participant may have only one (1) Plan loan outstanding
at any given time. A Plan loan which is in default, even if the defaulted loan was treated as a "deemed
distribution" under federal regulations, shall be treated as an outstanding loan until such Participant's
account balance is offset by the amount of principal and accrued interest under the loan. A Participant will
be granted a loan no more frequently than two (2) times in any twelve (12) month period. Under no
circumstances may loan terms be renegotiated. A new loan shall not be granted prior to the repayment of
an outstanding loan.
7. Default. The Participant must pay the full amount of each payment (principal and interest) on the
date that it is due by having sufficient funds in the account designated for loan payments through the ACH
process. If NRS is unable to process a payment on the date due because the Participant fails to have
sufficient funds in the account on that date, NRS will assess a fee of $25.00 that will be deducted from
Participant account(s) and will send written notification to the Participant. The Participant shall be in default
for the entire amount of the loan UNLESS the Participant does each of the following: 1) contacts NRS at the
Deferred Compensation Service Center, 2) mutually agrees with NRS on a date, which is within 30 days of
the missed payment on which funds sufficient to cover the missed payment will be in the account and; 3)
actually pays the missed payments. Failure to make such a payment through mutually agreeable terms
shall cause the Participant to be in default for the entire amount of the loan. The loan also shall be
defaulted upon the death of the Participant or if the Participant commences or has commenced against
Participant a bankruptcy case. No additional loans shall be made to a Participant who has defaulted on a
Plan loan and who has not repaid all defaulted loans in full, including accrued interest and fees.
8. Loan Prepayment. The entire amount of a loan, including outstanding principal and any accrued
interest, may be paid without penalty prior to the end of the term of the loan in the manner prescribed by
NRS. However, payments made that are less than the remaining principal amount of the loan and any
accrued interest with respect to the loan, or which are not paid in the form prescribed by NRS, are not
permitted.
9. Loan Security. By accepting a loan, the Participant is giving a security interest in his or her vested
Plan balance as of the date of the Loan Process Date, together with all additions thereof, to the Plan that
shall at all times be equal to 100% of the unpaid principal balance of the loan together with accrued interest.
10. Maximum/Minimum Loan Amount. The maximum amount of any loan permitted under the Plan is
the lesser of (i) 50% of the Participant's vested account balance (not including any value attributable to
applicable life insurance or deemed IRA account) less any outstanding loan balances under the Plan or (ii)
$50,000 less the highest outstanding loan balance during the preceding one-year period. The minimum loan
amount permitted is $1,000.00*. Loans shall be made in accordance with these limits and those limits
imposed under federal regulations without regard to any other loans received by the Participant from any
other investment provider under the Plan or any other plans of the employer. The Participant and not NRS
shall remain at all times responsible for ensuring that any loan received under the Plan is in accordance with
these limits with regard to any other loans received by the Participant under any other plans of the
*These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear
as administrative charges on Participant Statements.
Participant's employer. Any tax reporting required as a result of the receipt by a Participant of a loan that
exceeds the limits imposed by federal regulations shall not be the responsibility of NRS, unless it is
determined that such limits were exceeded solely as a result of a loan made through NRS as service
provider. Consequently, NRS shall not be required to account for loans made pursuant to a plan other than
this Plan or loans made under this Plan that are made by an investment provider other than Nationwide Life
Insurance Company.
11. Suspension of Loan Payments. NRS may suspend a Participant's obligation to repay any loan
under the Plan during the period in which the Participant is performing service in the uniformed services as
may be required by law. At the expiration of any suspension of loan payments period, the outstanding loan
balance, including any accrued interest and fees, will be re-amortized and the Participant will be required to
execute an amended Loan Agreement.
12. Loan Interest Rate. The interest rate for any loan shall be established by NRS. These interest
rates shall commensurate with interest rates being charged by entities in the business of lending money
under similar circumstances. Generally, the rate assumed will be Prime Rate + 1.00%*. The Prime Rate
shall be the prime rate pUbliShed by the Wall Street Journal two weeks prior to the end of the most recent
calendar-year quarter. NRS may adjust the loan interest rate for loans to Participants entering active duty in
the military services as may be required by law.
13. Annual Loan Maintenance and Asset Fees. An annual loan maintenance fee of $50.00* will also
be deducted from the Participant's account until the loan is repaid in full. The amount of the outstanding
loan balance will be subject to the maximum Variable Account Annual Expense Fee applicable under the
Plan at the time the loan is issued.
14. Loan Default Fee. At the time when a default occurs, a $50.00* loan default fee will be deducted
from the Participant's account. This charge will only affect Participants who fail to make a required loan
payment.
15. Loans for the Purchase of a Principal Residence. All loans issued by the Plan will be general
loans to be repaid in five (5) years unless the Plan Sponsor affirmatively elects to offer loans for the
purchase of the Participant's principal residence, which may be repaid in fifteen (15) years. Such loans
shall be solely secured by the Participant's vested account balance. All administrative procedures set forth
herein shall apply to such loans.
If the Plan Sponsor elects to permit loans for the purchase of the Participant's principal residence,
please check this box. ~
The undersigned Plan Sponsor hereby adopts these Participant Loan Administrative Procedures, effective
for loans issued on or after the effective date set forth in the Loans to Participants Amendment to Plan
Document, and instructs NRS to administer loans made to Plan Participants in accordance with these
terms.
The Plan Sponsor acknowledges the following: (i) that the Plan Sponsor has decided to offer loans under
the Plan and is instructing NRS to administers loans under the Plan; (ii) that it understands that, as a result
of offering loans under the Plan, the Plan Sponsor, its Participants, and/or the Plan could be subject to
adverse tax consequences; (iii) that the Plan Sponsor has independently weighed this risk and has
determined that offering loans under the Plan is in the best interest of the Plan Sponsor, its Participants,
and the Plan; and (iv) NRS shall not be liable for any adverse tax consequences described in (ii), except as
specifically stated under paragraph 10 herein, resulting from the Plan Sponsor's decision to offer loans
under the Plan.
*These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear
as administrative charges on Participant Statements.
Plan Sponsor - of Boy NTON
or Employer: C I Ti BEACH
Street Address: 100 E. 60'iNTCHJ BEAC.H BUlb.
City, State, Zip Code: BOYNTON B E.AC~) fL 3?,4;;J.S
Plan Name: B 0'1 I'l TO tJ l?EAcH fL bEFt:RI<Eb COMPf,J 5ATIOkJ l'LA/-J
Entity No.: ~
KURT BRESSNER
By: CITY MANAGER
Clt~ .MA1JA(; E.R BOYNTON BEACH, Fl
Title:
E-mail Address:
Date: IO/~q/Dg
.
*These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear
as administrative charges on Participant Statements.
. EXHIBIT
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"-
THE UNITED STATES CONFERENCE OF MAYORS
DEFERRED COMPENSATION PROGRAM
THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES
LOANS TO P ARTICIP ANTS AMENDMENT TO PLAN DOCUMENT
WHEREAS, PLAN SPONSOR executed the above referenced Plan Document, as
amended: and
WHEREAS, effective I 0/'). ~ /?OOK , PLAN SPONSOR now desires to further amend
the plan document.
The following Section 8.06 is hereby added:
8.06 Loans to PAR TICIP ANTS
(a) PLAN SPONSOR has elected to make loans available to PARTICIPANTS and
has delegated certain administrative duties regarding loans from the PLAN to the
ADMINISTRATOR.
(b) Any loan by the PLAN to a PARTICIPANT under this Section shall be subject to
the loan administrative procedures established by the ADMINISTRATOR as well
as the following requirements:
(i) Loan Eligibility. Any P ARTICIP ANT may apply for a loan from the
PLAN. A PARTICIPANT who has defaulted on a previous loan from
the PLAN shall not be eligible for another loan from the PLAN until
all defaulted loans are repaid in full, including accrued interest and
fees.
(ii) Loan Application and Loan Agreement. A PARTICIPANT must
complete and return to ADMINISTRATOR a loan application. A non-
refundable application fee established by ADMINISTRATOR will be
deducted from the PARTICIPANT'S ACCOUNT(s) at the time of
loan origination. Before a loan is issued, the P ARTICIP ANT must
enter into a legally enforceable loan agreement as provided for by the
ADMINISTRATOR.
(iii) Loan Repayment. The P ARTICIP ANT receiving a loan shall be
required to furnish to ADMINISTRATOR any information and
authorization necessary to effectuate repayment ofthe loan prior to the
commencement of a loan. In the event that a payment cannot be
processed because of lack of sufficient funds, the ADMINISTRATOR
shall assess an insufficient funds charge, which will be deducted from
the P ARTICIP ANT'S ACCOUNT(s).
I
(iv) Loan Term and Interest Rate. The maximum term over which a loan
may be repaid is five (5) years (fifteen (15) years if the PLAN
SPONSOR permits loans for the purchase of a PAR TrCIP ANT'S
principal residence). Each loan shall be amortized in substantially
equal payments consisting of principal and interest during the term of
the loan, except that the amount of the final payment may be higher or
lower. The ADMINISTRATOR shall establish the interest rate for any
loan.
(v) Loan Frequency. Each Participant may have only one (1) PLAN loan
outstanding at any given time. A PLAN loan which is in default, even
if the defaulted loan was treated as a "deemed distribution" under
federal regulations, shall be treated as an outstanding loan until such
PARTICIPANT'S account balance is offset by the amount of principal
and accrued interest under the loan. A P ARTICIP ANT will be granted
a loan no more frequently than two (2) times in any twelve (12) month
period.
(vi) Default. The PARTICIPANT must pay the full amount of each loan
payment (principal and interest) on the date that it is due. Failure to
make such a payment by the due date, or within any cure period
established by the ADMINISTRATOR, shall cause the
PAR TICIP ANT to be in default for the entire amount of the loan,
including any accrued interest. A loan will also be in default if the
P ARTICIP ANT either refuses to execute, revoke, or rescind any
agreement necessary to comply with the provisions of this Section or
the loan administrative procedures established by the
ADMINISTRATOR, commences or has commenced against
PARTICIPANT a bankruptcy case, or upon the death of the
P ARTICIP ANT.
(vii) Loan Security. By accepting a loan, the PARTICIPANT is giving a
security interest in their vested PLAN balance as of the loan process
date, together with all additions thereof, to the PLAN that shall at all
times be equal to 100% of the unpaid principal balance of the loan
together with accrued interest.
(viii) Loan Amount. The maximum amount of any loan permitted under the
PLAN is the lesser of (i) 50% of the PARTICIPANT'S vested account
balance less any outstanding loan balances under the PLAN or (ii)
$50,000 less the highest outstanding loan balance during the
preceding one-year period. The ADMINISTRATOR shall establish the
minimum loan amount. The PARTICIPANT and not the
ADMINISTRATOR shall at all times remain responsible for ensuring
2
that any loan received under the PLAN is in accordance with these
limits with regard to any other loans received by the PARTICIPANT
under any other plans of the PAR TICIP ANT's employer.
(ix) Loan Maintenance Fee. Until a loan is repaid in full, an annual loan
maintenance fee established by ADMINISTRATOR will be deducted
from the PARTICIPANT'S ACCOUNT(s).
(x) Loan Default Fee. At the time when a default occurs, a loan default
fee established by ADMINIST A TOR will be deducted from the
PARTICIPANT'S ACCOUNT(s).
(c) The ADMINISTRATOR shall fix such other terms and conditions necessary to
the administrative maintenance of the provisions of this Section and as necessary
to comply with the IRC and regulations there under.
IN WITNESS WHEREOF, the undersigned has executed this Amendment this :Jq
day of lliTn'B1;:R,. ,20~.
KURT BRESSNER ~~-
CITY MANAGER
BOYNTON BEACH, Fl
(Name of PLAN SPONSOR) By:
3
. EXHIBIT
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LOAN GUIDELINES AGREEMENT FOR A
RETIREMENT PLAN
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ICMARC
Building Retirement Security
ICMA-RC
INSTRUCTIONS
(Please refer to the previous section, "A Guide to Implementing a Loan Program")
These Loan Guidelines must be completed before loans can be made from your retirement plan. You should consider each option
carefully before making your selections because your selections will apply to all loans made while the selection is in effect. If you
later change any provision, the changes will apply only to loans made after the change is adopted. Loans in existence at the time of
any future changes will continue to operate under the guidelines that were in effect at the time the loan was originally made.
Note: Ifloans are available to your employees from other plans (e.g. other Section 457 deferred compensation plans or other Sec-
tion 40 I plans), calculation of the maximum loan amount must consider the aggregate of all loans from all 40 I and 457 plans
in which the employee participates. See the Maximum Loan Amount Worksheet on page 7 of A Guide to Implementing a Loan
Program, found in this packet.
2
Loan Guidelines Agreement
Name of Plan (please state the Employer's complete name, indudingstate): C \ +i Of ~O'fNTOU BEAC.H
'J5fJ 1:>€- fER F.. e t> COMPENSAi\ON PLAf'\
Plan Type: o 401 (a) Money Purchase Plan o 40 I Profit-Sharing Plan 00 457 Deferred Compensation Plan
ICMA-RC Plan Number: 3 00 q L\ ~
I. Purpose
The purpose of these guidelines is to establish the terms and conditions under which the Employer will grant loans to participants. This is
the only official Loan Provision Document of the above named Plan.
II. Eligibility
Loans are available to all active employees. Loans will not be granted to participants who have an existing loan in default.
Loans will be pro-rated among all the funds in which the participant is invested at the time the loan is made.
For 401 plans on~:
Loans are available from the following sources: [select one or both]
D Employer Contribution Account (vested balances only)
o Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory, Employee Voluntary,
Employer Rollover, and Portable Benefits Accounts, but excluding the Deductible Employee Contribution/Qualified Volun-
tary Employee Contribution Account)
For all pion types:
Loans are available for the following purposes: [select one]
II All purposes
o Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a participant to meet
certain specified financial situations. The employer shall approve the participant's loan application after determining, based
on all relevant facts and circumstances, that the amount of the loan is not in excess of the amount required to relieve the fi-
nancial need. For this purpose, financial need shall include, but not be limited to: unreimbursed medical expenses of the par-
ticipant or members of the participant's immediate family, establishing or substantially rehabilitating the principal residence
of the participant, or paying fot a college education (including graduate studies) for the participant or his/her dependents.
III. Frequency of loans [select one]
IE Participants may receive one loan per calendar year. Moreover, participants may have only one (1) outstanding loan at a time.
D Participants may receive one loan per calendar year. Moreover, no participant may have more than five (5) loans outstanding
at one time.
3
ICMA-RC
IV. Loan amount
The minimum loan amount is $1,000.
The maximum amount of all loans to the participant from the plan and all other plans sponsored by the Employer that are qualified
employer plans under section 72(p) (4) of the Code is the lesser of:
(I) $50,000, reduced by the highest outstanding balance of all loans from any 401 or 457 plans for that participant during
the one-year period ending on the day before the date a loan is to be made, or
(2) one half of the participant's vested account balance, reduced by the current outstanding balance of all 401 and 457 loans
from all plans for that participant.
If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the maximum amount calcu-
lated above reduced by the total of the outstanding loans.
A loan cannot be issued for more than the above amount. The participant's requested loan amount is subject to downward adjustment
without notice due to market fluctuation between the time of application and the time the loan is made.
V. Length of loan
A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period that does not
exceed five (5) years.
Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at
least monthly, over a period that does not exceed I 5 [state number of years] years (maximum 30 years).
VI. Loan repayment process
Loan repayments for active employees must be through (choose one):
0 Payroll deduction only.
PL642(2) = 2
~ ACH debit only.
PL642(2) = 0
0 Employee may choose either payroll deduction or ACH debit.
PL642(2) = 1
If payroll deduction repayment is allowed, and the employee wishes to use this method, the employee must notify the Employer
so that the Employer can ensure that repayment will begin as soon as practicable on a date determined by the Employer's payroll
cycle. Failure to begin payroll deduction in a timely way could lead to the employee's loan entering delinquency status. Payroll
deduction should begin within two payroll cycles following the employee's receipt of the loan.
Repayments through payroll deduction will be sent via check or wire by the Employer to ICMA-RC on the following cycle
(choose one):
0 Weekly (52 per year)
0 Bi-weekly (26 per year)
0 Semi-monthly (24 per year)
0 Monthly (12 per year)
If ACH debit repayment is allowed, debits from the employee's designated bank account will begin approximately one month fol-
lowing the date the employee's signed ACH authorization form is received and processed by ICMA-RC, or, in the case of online
loans, approximately one month following the date the loan check has been cleared for payment. Debits will normally be made on
a monthly basis.
4
Loan Guidelines Agreement
Loans outstanding for former employees or employees on a leave of absence must be repaid on the same schedule as if payroll
deductions were still being made unless they reamortize their loans and establish a new repayment schedule that provides that sub-
stantially equal payments are made at least monthly over the remaining period of the loan.
Loan payments, including loan payments from former employees, are allocated to the participant's current election of investment
options on file with ICMA-RC.
The participant may payoff all or a portion of the principal and interest early without penalty or additional fee. Extra payments
are applied forward to both principal and interest as specified in the original repayment schedule, unless the additional payment is
for the balance due.
VII. Loan interest rate
The rate of interest for loans of five (5) years or less will be based on prime plus 0.5%.
The rate of interest for loans for a principal residence will be based on the FHA/VA rate.
Interest rates are determined on the last business day of the month preceding the month the loan is disbursed. The interest rate is
locked in at the time a loan is approved and remains constant throughout the life of the loan.
The prime interest rate is determined on the last business day of each month using www.nfsn.com as the source. The FHA/VA
interest rate is also determined on the last business day of each month using www/bankofamerica.com as the source.
Loan interest rates for new loans taken in different months may fluctuate upward or downward monthly, depending on the move-
ment of the prime and FHA/VA interest rates.
The employer may modify the manner in which loan interest rates will be determined, but only with respect to future loans.
VIII. Loan application procedure
Loans must be requested using the following method (check one):
~ Online only: All loans must be requested online by employees through ICMA-RC's Account Access site at
www.icmarc.org, with Employer pre-authorization as outlined in italics below.
If an employee is married at the time of application, and spousal consent is required by the Plan for the loan, the employ-
ee's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representative or notary
public. Such consent must be received in writing by ICMA-RC no more than ninety (90) days before the loan request is
submitted through Account Access.
The promissory note, truth-in-lending rescission notice and disclosure statement are presented to the employee online
through Account Access at the time the employee submits the loan request. The employee confirms receipt and acceptance
of these documents by clicking on the affirmative buttons on the Account Access program.
The employer hereby authorizes all fUture loans requested through the online process via Account Access. as well as any requests
that employees submit on paper forms. pending review of the application by ICMA-RC. Notice of loan issuance will be provided
to the Employer via reports posted on the EZLink site.
The loan amount will generally be redeemed from the employee's account on the same day as the employee's successful
submission of the loan request through Account Access, if it is submitted prior to 4:00 p.m. ET on a business day. If not,
the loan amount will be redeemed on the next business day following submission. The loan check is generally issued on
the next business day following redemption, and will be mailed directly to the employee. The employee's presentment of
the loan check for payment constitutes an acknowledgment that the employee has received and read the loan disclosure
information provided by ICMA-RC and agrees to the terms therein.
Loan repayment will begin as soon as practicable following the employee's presentment of the loan check for payment.
5
ICMA-RC
0 Online and through Direct Loan application: All loans must be requested either online by employees through
ICMA-RCs Account Access site at www.icmarc.otg, or through the Direct Loan application, both of which require pre-
authorization by the Employer as outlined in italics below.
If an employee is married at the time of application, and spousal consent is required by the Plan for the loan, the employ-
ee's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representative or notary
public. Such consent must be received in writing by ICMA-RC no more than ninety (90) days before the loan request is
submitted through Account Access. In the case of the Direct Loan Application, spousal consent should be sent along with
the application.
The promissory note, truth-in-Iending rescission notice and disclosure statement are mailed to the employee along with
the issued loan check. The employee confirms receipt and acceptance of these documents and terms at the time the en-
dorsed check is presented for payment.
The Employer hereby authorizes aLl fUture loans requested through the online process via Account Access, as well as any requests
that employees submit on paper firms, pending review of the application by I CMA -Re. Notice of loan issuance will be provided
to the Employer via reports posted on the EZLink site.
The loan amount will generally be redeemed from the employee's account on the same day as either leMA-RCs receipt
of a loan application (complete and in good order), or the employee's successful submission of the loan request through
Account Access, if it is submitted prior to 4:00 p.m. ET on a business day. If not, the loan amount will be redeemed on the
next business day following submission. The loan check is generally issued on the next business day following redemption,
and will be mailed directly to the employee. The employee's presentment of the loan check for payment constitutes an ac-
knowledgment that the employee has received and read the loan disclosure information provided by ICMA-RC and agrees
to the terms therein.
Loan repayment will begin as soon as practicable following the employee's presentment of the loan check for payment.
0 Direct Loan application only: All loans must be requested through the Direct Loan application, which requires pre-au-
thorization by the Employer as outlined in italics below.
If an employee is married at the time of application, and spousal consent is required by the Plan for the loan, the employ-
ee's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representative or notary
public. Such consent must be received in writing by ICMA-RC along with the Direct Loan Application.
The promissory note, truth-in-Iending rescission notice and disclosure statement are mailed to the employee along with
the issued loan check. The employee confirms receipt and acceptance of these documents at the time the endorsed check is
presented for payment.
The employer hereby authorizes all fUture loans requested on paper forms, pending review of the application by ICMA-RC Notice
of loan issuance will be provided to the Employer via reports posted on the EZLink site.
The loan amount will generally be redeemed from the employee's accollnt on the same day as ICMA-RCs receipt of a loan
application (complete and in good order).
The loan check will generally be issued from the employee's account on the next business day following redemption. The
loan check will be mailed directly to the employee. The employee's presentment of the loan check for payment constitutes
an acknowledgment that the employee has received and read the loan disclosure information provided by ICMA-RC and
agrees to the terms therein.
Loan repayment will begin as soon as practicable following the employee's presentment of the loan check for payment.
0 Loan application through the Employer: All loans must be requesred in wriring on an application approved by the plan
adminisrrator. The application must be signed by the participant. The Employer must review and approve each partici-
pant's application.
6
Loan Guidelines Agreement
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement that includes
an amortization schedule prior to receiving a loan check. Loan checks will generally be issued on the next business day
following ICMA-RC's receipt of a complete loan application. The loan check, promissory note, disclosure statement and
truth-in-lending rescission notice will be sent to the employer, who will obtain the necessary signatures and deliver the
check to the participant. All executed documents must be returned to ICMA-RC within 10 calendar days from the date
the check is issued.
IX. Security/Collateral
That portion of a participant's account balance that is equal to the amount of the loan is used as collateral for the loan. The col-
lateral amount may not exceed 50 percent of the participant's account balance at the time the loan is taken. Only the portion of the
account-balance that corresponds to the amount of the outstanding loan balance is used as collateral.
X. Acceleration [select one]
0 All loans are due and payable in full upon separation from service.
0 All loans are due and payable when a participant receives a distribution of aU of his/her account balance after separa-
tion from service. The amount of the outstanding loan balance will be reported as a distribution in addition to the
amount of cash distributed from the plan.
0 All loans are due and payable when a participant receives a distribution of part of his/her account balance after separa-
tion from service. The amount of the outstanding loan balance will be reported as a distribution in addition to the
amount of cash distributed from the plan.
XI. Reamortization
Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length of repayment peri-
od, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length of the loan repayment period to
more than five (5) years from the date the loan was originally made, or in the case of a loan to secure a principal residence, beyond
the number of years specified by the employer in Section V above.
A participant must request the reamortization of a loan in writing on a reamortization application acceptable to the plan adminis-
trator. Upon processing the request, a new disclosure statement will be sent to the employer for endorsement by the participant and
approval by the employer. The executed disclosure statement must be returned to the plan administrator within 10 calendar days
from the date it is signed. The new disclosure statement is considered an amendment to the original promissory note, therefore a
new promissory note will not be required.
A reamortization will not be considered a new loan for purposes of calculating the number of loans outstanding or the one loan per
calendar year limit.
XII. Refinancing existing loans
If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstanding loan, no
loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing an additional amount through
a new loan. Refinancing includes any situation in which one loan replaces another loan and the term of the replacement loan does
not exceed the latest permissable term of the replaced loan.
In order to refinance an existing loan, a participant must request this in writing on an application approved by the plan administra-
tor. Such request must be made at a time when the participant is eligible to obtain a loan as defined by the employer in Section III
above. The amount of the additional loan amount requested for the purpose of refinancing is subject to the loan limits specified in
Section IV above.
Because a refinancing is considered a new loan, only active employees may refinance an outstanding loan.
7
ICMA-RC
XIII. Reduction of Loan
If a participant dies prior to full repayment of the outstanding loan(s), the outstanding loan balance(s) will be deducted from the
account prior to distribution to the beneficiary(ies). The unpaid loan amount is a taxable distribution and may be subject to early
withdrawal penalties. The participant's estate is responsible for taxes or penalties on the unpaid loan amount, if any. A beneficiary
is responsible for taxes due on the amount he or she receives. A Form 1099 will be issued to both the beneficiary and the estate for
these purposes.
XIV. Deemed Distribution
Loan repayments must be made in accordance with the plan document, plan loan guidelines, and as reflected in the promissory
note signed by the participant. If a scheduled payment is not paid within 30, 60, and/or 90 days of the due date, a notice will be
sent to both the employee and the employer.
A loan will be deemed distributed when a scheduled payment is still unpaid at the end of the calendar quarter following the calen-
dar quarter in which the payment was due. If the total amount of any delinquent payment is not received by ICMA-RC by the end
of the calendar quarter following the calendar quarter in which they payment was due, the loan is considered a taxable distribution,
and the principal balance, in addition to any accrued interest, is reported as a distribution to the IRS. However, no money is paid
in this distribution, because the participant already has the loan proceeds.
The loan is deemed distributed for tax purposes, but it is not an actual distribution and therefore remains an asset of the partici-
pant's account. Interest continues to accrue. The outstanding loan balance and accrued interest are teported on the participant's
account statement.
Repayment of a deemed distribution will not change or reverse the taxable event.
The loan continues to be outstanding, and to accrue interest, until it is repaid or offset using the participant's account balance. An
offset can occur only if the participant is eligible to receive a distribution from the plan as outlined in the plan document.
Participants are tequired to repay any outstanding loan which has been deemed distributed before they can be eligible for a new
loan. The deemed distribution and any interest accrued since the date it became a taxable event is taken into account when deter-
mining the maximum amount available for a new loan. New loans must be repaid through payroll deduction.
The employer is obligated by federal regulation to comply with the loan guideline requirements applicable to participant loans, and
to ensure against deemed distribution by monitoring loan repayments, regardless of the method of repayment, and by advising em-
ployees if loans are in danger of being deemed distributed. The tax-qualified status or eligibility of the entire plan may be revoked
in cases of frequent repayment delinquency or deemed distribution.
XV. Fees
Fees may be charged for various services associated with the application for and issuance of loans. All applicable fees will be debited
from the participant's account balance and/or from the participant's loan repayments prior to crediting the repayment of principal
and interest to the participant's account. A schedule of fees applicable to this plan is specified in ICMA-RC's current publication of
Making Sound Investment Decisions: A Retirement Investment Guide.
8
Loan Guideline,- Agreement
XVI. Other
The employer has the right to set other terms and conditions as it deems necessary for loans from the plan in order to comply with
any legal requirements. All terms and conditions will be administered in a uniform and non-discriminatory manner.
In Witness Whereof, the employer hereby caused these Guidelines to be executed this dCf day
of Oc!..roi)ER. ,20 oR
:~PLOYER Jk~ Accepr ICMA RETIREMENT CORPORATION
1 \)1
By:
K:IPT BRESSNER rid, -1GJ'!,~~~
Title: CiTY M~N~GER
Attest: BDn/TON BEACH, Fl Attest: M-. . /1m ~
CITY ATIORNEY
9
- i EXHIBIT
I( t/ '//1 I <-{
<C
Cl
ffi
"-
LOAN ADMINISTRATION AGREEMENT
FOR SEatON 457 DEFERRED
COMPENSATION PLANS
leMA
Building Retirement Security
ICMA-RC 457 LOAN
ADMINISTRATION AGREEMENT
This Agreement is not required if you have l)only one 457 plan provider or 2)more than one plan provider each with
its own plan document and provisions unique to each provider. The Agreement only applies if you have adopted a
single 457 plan document under which ICMA-RC and one or more other provider(s) must operate. Please refer
to pages 5-6 of A Guide to Implementing a Loan Program for mote details.
This Agreement shall serve as an Addendum to the Loan Guidelines established by the Employer identified below as
an Addendum to the Administrative Services Agteement (ASA) made by and between the ICMA Retirement Corpora-
tion (ICMA-RC) and the Employer.
The Employer currently sponsors a section 457 deferred compensation plan administered by two or more providers
(co-provider plan). In order to ensure the efficient administration of the loan program established by the Employer,
the Employer hereby agrees and declares that
(1) For purposes of issuing loans from the plan, that portion of the plan's assets administered by
ICMA-RC will be treated as though it were a separate and distinct plan.
(2) The Employer shall calculate the amount a participant may borrow from the ICMA-RC administered
portion of the plan. No loan amount may exceed the lesser of (a) the maximum loan amount specified
in Internal Revenue Code section 72(p)(2)(A) or (b) 50% of the participant's ICMA-RC-administered
account balance.
(3) All loan repayments must be made to the participant's ICMA-RC-administered account for the life of
the loan.
AGREED as of the day of ,20 :
Name of Employer:
Authorized Official - Print Name
State:
Employer Plan Number ~ Signature of Authorized Official
ICMA RETIREMENT CORPORATION
~~ C .')l] t)~\
Angela Montez
Assistant Secretary
Mail this Agreement and the completed 457 Plan Loan Guidelines to:
ICMA-RC
Attention: New Business Analyst
777 North Capitol Street, NE
Washington, DC 20002-4240
ICMA-RC 457 LOAN
ADMINISTRATION AGREEMENT
This Agreement is not required if you have l)only one 457 plan provider or 2)more than one plan provider each with
its own plan document and provisions unique to each provider. The Agreement only applies if you have adopted a
single 457 plan document under which ICMA~RC and one or more other provider(s) must operate. Please refer
to pages 5-6 of A Guide to Implementing a Loan Program for more details.
This Agreement shall serve as an Addendum to the Loan Guidelines established by the Employer identified below as
an Addendum to the Administrative Services Agreement (ASA) made by and between the ICMA Retirement Corpora-
tion (ICMA-RC) and the Employer.
The Employer currently sponsors a section 457 deferred compensation plan administered by two or more providers
(co-provider plan). In order to ensure the efficient administration of the loan program established by the Employer,
the Employer hereby agrees and declares that
(1) For purposes of issuing loans from the plan, that portion of the plan's assets administered by
ICMA-RC will be treated as though it were a separate and distinct plan.
(2) The Employer shall calculate the amount a participant may borrow from the ICMA-RC administered
portion of the plan. No loan amount may exceed the lesser of (a) the maximum loan amount specified
in Internal Revenue Code section 72(p)(2)(A) or (b) 50% of the participant's ICMA-RC-administered
account balance.
(3) All loan repayments must be made to the participant's ICMA-RC-administered account for the life of
the loan.
KURT f'" J'iER
AGREED as of the ~q day of OcrO'BEA ,2008 : CiTY /' '?
Ct'1-i of' ~NTt)N b BOyt \CH, Fl
Name of Employer:
State: J Lo ~.I:b A Authorized Official - Print Name
~~
Employer Plan Number ~ Signature of Authorized Official
ICMA RETIREMENT CORPORATION
~~ C~l J orih,
Angela Montez
Assistant Secretary
CITY AlTORNt:y
Mail this Agreement and the completed 457 Plan Loan Guidelines to:
ICMA-RC
Attention: New Business Analyst
777 North Capitol Street, NE
Washington, DC 20002-4240