12/30/2013 Ordinances 9463 ORDINANCE NO. 9463
An ordinance of the Mayor and City Council of the City of Grand Island,
Nebraska to amend and restate the City of Grand Island, Nebraska Police Officers' Retirement
System Plan and Trust; to authorize further actions; and to provide for repeal of conflicting
Ordinances, severability and the effective date hereof
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Pursuant to Nebraska Statutes, Sections 16-1001 through and including
16-1019 ("Police Retirement Plan Statutes"), the City maintains the City of Grand Island,
Nebraska Police Officers' Retirement System Plan and Trust embodied in plan documents
including an adoption agreement and basic plan document constituting an integral part thereof,
as well as various amendments required by applicable law ("Plan").
SECTION 2, The Plan is required by applicable tax law to be amended and restated
into a restated plan document incorporating prior amendments and changes to tax laws,
regulations and other guidance, including the Pension Protection Act of 2006, Heroes, Earnings
Assistance and Relief Tax Act of 2008, and Worker, Retiree, and Employer Recovery Act of
2008, and changes to the Police Retirement Plan Statutes. For this purpose, there has been
presented to the City a proposed retirement plan and trust embodied in instruments entitled
"Adoption Agreement" together with a "Basic Municipal Employees Plan and Trust Agreement"
("Basic Plan Document") as an integral part thereof (together the Adoption Agreement and
Basic Plan Document sometimes are referred to herein together as "Agreements"), which
Agreements have been reviewed by legal counsel for the City.
Approved as to Form
December 30,2013 o City orney
ORDINANCE NO. 9463 (Cont.)
SECTION 3. The City does hereby approve and adopt said Agreements as the
amendment and restatement of the Plan, and makes the designations and elections with respect
to the Plan as indicated in the Adoption Agreement, to be effective on the date(s) specified in the
Adoption Agreement or Basic Plan Document.
SECTION 4. That the Mayor is authorized to execute said Adoption Agreement and
Basic Plan Document on behalf of the City, and the City Administrator is authorized and
directed to provide the same to the Trustee (for its written acceptance, if determined necessary
or appropriate), and if directed in this Ordinance or otherwise deteiinined necessary or
advisable, to cause said Agreements to be submitted, together with such supporting data as may
be necessary or advisable and applicable application fee, to the Internal Revenue Service for
_.. ruling as to whether the same complies with the pertinent provisions of the Internal Revenue
Code of the United States and, in particular, Sections 401(a) and 501(a) thereof, with authority
to make any changes in or to the designations, elections or provisions under or of said Adoption
Agreement or Basic Plan Document and take such further actions as the City Administrator
determines necessary or appropriate to obtain a favorable ruling or as otherwise required for the
qualified status of the Plan.
SECTION 5. All ordinances and parts of ordinances as previously enacted that are in
conflict with this Ordinance or any part hereof are hereby repealed.
SECTION 6. If any section, subsection, sentence, clause or phrase of this Ordinance is,
for any reason, held to be unconstitutional or invalid, such unconstitutionality or invalidity shall
not affect the validity of the remaining portions of this Ordinance. The Mayor and City Council
hereby declare that it would have passed this Ordinance and each section, subsection, sentence,
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ORDINANCE NO. 9463 (Cont.)
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional or invalid.
SECTION 7. This Ordinance shall be in force and take effect from and after passage,
approval and publication as provided by law.
Enacted: December 30, 2013.
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P Ja, .vrice , Mayor
Attest:
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RaNae Edwards, City Clerk
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