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98-16 v RESOLUTION No. 98-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING A LOAN PROVISION FOR CITY EMPLOYEES PARTICIPATING WITHIN THE 457 PLAN. WHEREAS, the City of Atlantic Beach has employees rendering valuable services; and WHEREAS, the City of Atlantic Beach has established a deferred compensation plan for such employees that serves the interest of the City of Atlantic Beach by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction of competent personnel; and WHEREAS, the City of Atlantic Beach has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhances of the benefits of the deferred compensation plan; NOW THEREFORE BE IT RESOLVED that the City of Atlantic Beach hereby amends and restates the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City of Atlantic Beach serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the Plan will permit loans; BE IT FURTHER RESOLVED that the City of Atlantic Beach hereby agrees to serve as trustee under the Plan. Adopted by the City Commission of Atlantic Beach this i3-e41day of April 1998. ATTEST: MalLeen King Suzan Shaughnessy Certified Municipal Clerk C Mayor, Presiding Officer Approved as to form and correctness: /sen, i!IP >an C. Esquire City At 1..rney