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R-04-1408• CITY OF CLERMONT RESOLUTION NO. 1408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; AMENDING THE DEFINED CONTRIBUTION RETIREMENT PLAN FOR THE GENERAL EMPLOYEES OF THE CITY, OF CLERMONT, REVISING .THE DEFERRED COMPENSATION CONTRIBUTION AS SET FORTH IN THE CITY MANAGER EMPLOYMENT AGREEMENT, PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council established a Defined Contribution Retirement Plan for employees of the City of Clermont pursuant to Code Ordinance Number 315-C; and WHEREAS, the Defined Contribution Retirement Plan Adoption Agreement was executed on November 13, 2001; and WHEREAS, Section 23 of the Defined Contribution Retirement Plan Document authorizes the City Council to make amendments, in whole or in part, either retroactively or prospectively, in accordance with the limitations set out in that section; and • WHEREAS, the City Manager Employment Agreement executed on April 9, 2002, provides for the City to contribute to a deferred compensation plan on behalf of the City Manager in lieu of normal retirement plan participation; and WHEREAS, the City Council desires to amend the City's contribution rates from 8% to 10% as provided in the General Employee Defined Contribution Retirement Plan Adoption Agreement and the City Manager Employment Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida that: SECTION 1. The Defined Contribution Retirement Plan Adoption Agreement with regard to the City's contributions is hereby amended to provide that the non-elective contributions elected by the City shall be made on the basis often percent (10%) of participant's benefit compensation. SECTION 2. This amendment expressly modifies the Adoption Agreement and any and all prior amendments thereto and in the event of a conflict, the terms and conditions of this amendment shall prevail. SECTION 3. Consistent herewith, the City's contribution rate to a deferred compensation plan as provided in the City Manager Employment Agreement is hereby increased to 10% of the City Manager's salary. • SECTION 4. This Resolution shall shall be effective October 1, 2004. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 12TH DAY OF OCTOBER 2004. ATTEST: Tracy Ackroyd, ity Cler • o S. Turville, Jr. Mayor •