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CONTRACT 5790A AmendmentAgreement No. 5790A ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number 10- 0066 The Employer hereby establishes a Money Purchase Plan and Trusr to be known as 1 sa u2da 401(a)aM (the "Plan") In the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. ❑ Yes 0 No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer. Gh or of sowndo 11. Effective Dates ❑ 1. Effective Date of Restatement. If this document is a restatement of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective dare is hereby specified: (Note: An alternate effective dare can be no earlier than January 1, 2007.) 2, Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: oatolw 1. 2019 3, IptOa E Please note here any elections in the Adoption Agreement with an effective dare that is different from that noted in 1. or 2. above. (Note provision and effective date.) III. Plan Year will mean: y9 The twelve (12) consecutive month period which coincides with the limiration year. (See Section 5.03(f) of the Plan.) ❑ The twelve (12) consecutive month period commencing on and each anniversary thereof. IV. Normal Retirement Age shall be W Ls__(not to exceed age 65). Imporeant)Vore to Ernpkyrm Normal retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. 'Norinal Retirement Age also defines the latest dare ar which a Participant must have a fully vested right to hill her Account. There are IRS rules that limit the age that may be specified as the P1ads Normal lkedrement Age, The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed, An age under 55 is presumed not to sarisfy this requirement. unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Money Purchase Plan Adoption Agreement Agreement No. 5790A Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, bur an Employer's good Faith, reasonable determination will generally be given deference. A special rule, however, applies in the cue of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(t)(10)(B) of the Code, in which case an age of50 or later is deemed nor to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: — All Employees All Full Tune Employees Salaried Employees Non union Employers — Management Employees — Public Safety Employees — General Employees ✓ Other Employees (Specify the group(s) of eligible employees below. Do nor specify employees by name. Specific positions are acceptable.) CRY M-W The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the requirement ofa twelve (12) month Period of Service for participation. The required Period of Service shall be (write NIA if an Employee is eligible to participate upon employment), WA If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to parricipate. The minimum age requirement isXA (not to exceed age 21. Write NIA if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A or B. If Option A is = selected, Employer must pick up Participant Contributions under Option B.) B=d Employer Contributions With or Witbout Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) A. Employer Contributions, The Employer shall contribute on behalf of each Participant to % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions ❑ are required 91 are nor required to be eligible for this Employer Contribution. wired MandatoryContributions, A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: ❑ Y. 0 No Money Purchase Plan Adoption Agreement Agreement No. 5790A En n r' Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate In the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): ❑ Yes ;3 No (I) % of Earnings, (ii) $ -,or (III) a whole percentage of Earnings between the range of (insert range of pet-mraget between 1% and 2fl% irrcawive (e.g, .3%, %, or2'ft % to 796)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Yea as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Em loser "Pick a The Employer hereby elects to "pickup" the Mandatory Participant Contributions' (pick up is required If Option A is not selected). ❑ Yes 0 No (%s" is the dods a p> under tie Plan if no selection it made.) ❑ C. Election Nffiidaw (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of initial eligibillry during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employees election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employees original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: ❑ A. Eixgd Rentilayst Matdl of V l . ax P i ° a Co tri The Employer shall contribute on behalf of each Participant,,,,, % of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year char such Participant has contributed % of Earnings or $ . Linder this option,, there is a single, fixed care of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in char Plan Year. ❑ B. AEj3hk a ch of Vo 1. - c The Employer shall contribute on behalfofeach Participant an amount determined as follows (subject to, the limitations ofArricle V of the Plan): % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding __ % of Earnings or $ I lv°cirber an IRS advhory letter nor a deterrraination letter issued to an adapting Employer it a rtalittg by the Internal Revenue Service that Participant contributions that are ;packed up° ,ky the Ernployer are not includable in the flan 'rlpants gross income fir,fediml mitosis my purposes. Pick-up contributions are not mandated to er°crior prioare letter rulings however, ifaa adapting employer wishes to receiut a ruling on pick-up contributions they may request otte its arrordmice with Revenue Protedurt 2012.4 (or subic treniguidatrce). Money Purchase Plan Adoption Agreement Agreement No. 5790A PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but nor including Voluntary Participant Contributions exceeding in the aggregare _% of Earnings or $ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or —% of Earnings, whichever is _ more or _ less. 3. Each Participant may make a voluntary (unmarched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: Yes ❑ No ("No" is the default provision carder the Plan ifno sekedon is made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): l3i-week) 5. Participant contributions for a Plan Year shall be contributed m the Trust in accordance with the following paymenr schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bi-weekly 6. in the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments: ❑ Yes No ('Ye" is the default provision under the Plan f no seketiorr is made.) If yes is selected, this is effective beginning January 1, 2009 unLw anotba Inerecrive d, ire is li n here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: ❑ Yes No ("No"Is the defaukpmvirion under the Plan if no sekction is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January I, 2007, unim gnother later effective Money Purchase Plan Adoption Agreement Agreement No. 5790A VH. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: 1. Overtime ❑ Yes No 2. Bonuses ❑Yes No 3. Other Pay (specifically describe any other types of pay to be included below) VIII. ROLLOVER PROVISIONS 1. The Employer will permit rollover contributions in accordance with Section 4.I2 of the Plan: Yes ❑ No ("Yes" is the default provirion under the Plan if no selection is made.) 2. Direct rollovers by non -spouse beneficiaries are effective for distributions after 2006 g6w ihg Ban delg32d the, ?lag g ing sm, qh rollovers availa w and indigate the later6saive date in the soagC pleXide.4 ❑ Effective Date is (Note, Plans must offer direct rollovers by non -spouse beneficiaries no later than plan years beginning after December 31, 2009.) ix. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintainers another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided, herein, if necessary in order to avoid cxcew contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit rota) Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period: 3. Unless the Employer elects a delayed effective dare below, Article 5 of the Plan will apply to limitations years beginning on or &her July 1, 2007. (Me e, jfective date listed cannot be later than 90 days after the close of thefirst regular legirlative testion of the kgiskitive body with authority to amend the plan that begins on or afteju& 1, 2007.) Money Purchase Plan Adoption Agreement Agreement No. 5790A X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blinks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), In ascending order.) Of Completed Percent Zero 100 One % Two % Three % Four % Five % Six % Seven % Eight % Nine % Ten % 3U. WITHDRAWALS AND LOANS In-service distributions are permitted under the Plan after a participant attains (select one of the below options): 0 Normal Re ir+emenr Age ❑ Age 70i6 ("70 - is the default provision larder the Plan f no sekction is made.) ❑ Alternate age (after Normal Retirement Age): ❑ Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. Yes ❑ No ("Yes" is the dofavit provision under the pkn if no wirer!.. it made.) 3. Tax-free distributions of up to $3,000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. ❑ Yes Qf No ("No" is the defardt provision under the Plan if no seketion is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Seaion 9.07. ❑ Yes 0 No ("No" is the default provision under the Plan !f no selection is made.) 5. Loans are permitted under the Plan, as provided in Article XIII of the Plan: ❑ Yes 0 No ("No"is the default provision under the Plan if no seleetion is made.) Money Purchase Plan Adoption Agreement Agreement No. 5790A XU. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. ❑ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Benefirrary Spousal Content Elsctioe" sr the defaul provision under the Plan if no seleetion is marled ❑ 3. QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivot annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. ('If C is selected„ the ;spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either i or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: All Eligible Employees ❑ Ocher: ... Final Pay shall be defined as (select ones ❑ A. Accrued unpald vacation ❑ B. Accrued unpaid sick leave 66 C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of Final Pay —must be leave that Employer would have been able tome if empkYment had continued and must be bona fide vacation and/or sick leave): ❑ (. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). AWW WA 2. Employee Designated Final Pay Contribution.. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of final pay to be contributed) or up to tan % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Money Purchase Plan Adoption Agreement Agreement No. 5790A XIV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually iFeither 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: ❑ All Eligible Employees Other: CXY M-ow Accrued Leave shall be defined as (select one)u ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): ❑ 1. Employer Accrued Leave Contribution.. The Employer shall contribute as follows (choose one of the following Options). ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). 71 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of accrued unpaid leave to be contributed) or up to 100 % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employees election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of stare or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. "This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonmenr of the Plan. The Employer understands that an amendments) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement Agreement No. 5790A XVW- The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XXIX An adopting 8rnployet may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this 19 day of Sept 20 9 EMPLOYER By: Princ Name: Joseph Lillio Time: Director of Finance ATTEST" 0� 229=�2 - f 4e-- l; Cik of ,• d• A' 0 "O FORM: Or ATTORNEY Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC '2000 800-326-7272 Pr�arrae: Tide: __ Assistant Secretary Attest €'