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HomeMy WebLinkAboutRESOLUTION - 22-02 - 5/14/2002 - VANTAGE RETIREMENT HEALTH SAVINGS PLANRESOLUTION NO. 22-02 A RESOLUTION AUTHORIZING THE VILLAGE OF ELK GROVE VILLAGE TO PARTICIPATE IN THE VANTAGE RETIREMENT HEALTH SAVINGS PLAN (ICMA) WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a retirement health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of a retiree health savings plan to be administered by the ICMA Retirement Corporation and/or its affiliates serves the above objectives; and WHEREAS, the Employer desires that its retiree health savings plan (the "Plan") be administered by the ICMA Retirement Corporation and/or its affiliates: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: SECTION 1. That the Employer hereby adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings Plan. SECTION 2. That the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose. 1 SECTION 3. That the Human Resources Officer shall be the coordinator and contact for the Plan and shall receive necessary reports and notices. SECTION 4. This Resolution shall be in full force and effective immediately from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 10 day of May, 2002. APPROVED this 14' day of May, 2002. ATTEST: Ann I. Walsh, Village Clerk 2 APPROVED: Craig B. Johnson, Mayor RES Reti rementHealth 1.doc DECLARATION OF TRUST OF THE INTEGRAL PART TRUST Declaration of Trust made as of the 14 day of MaY _, 2002 _ byy and between the Village of Elk Grove VillagQ Illinois iTif oVEmployer State a Village (hereinafter referred to as the "Employer") and Type Oftimity Village of Elk Grove Village _or its designee (hereinafter referred to as the "Trustee"). Fame..if : mstee RECITALS: WHEREAS, the Employer is a political subdivision of the State of Illinois exempt from federal income tax under the Internal Revenue Code of 1986; and WHEREAS, the Employer provides for the security and welfare of its eligible employees (hereinafter referred to as "Participants"), their Spouses, Dependents and Beneficiaries by the maintenance of one or more post-retirement welfare benefit plans, programs or arrangements which provide for life, sickness, medical, disability, severance and other similar benefits through insurance and self-funded reimbursement plans (collectively the "Plan"); and WHEREAS, it is an essential function and integral part of the exempt activities of the Employer to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accumulating assets in the trust, a segregated fund, for post- retirement welfare benefits under the Plan; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in this Declaration of Trust; and WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan for the exclusive benefit of Plan Participants,_ their Spouses, Dependents and Beneficiaries; and NOW, THEREFORE, the parties hereto do hereby establish this trust, to be known as the Declaration of Trust of the _Village of Elk Grove Village Integral Part Trust (hereinafter referred to as the "Trust'), aro Foree that the following constitute the Declaration of Trust (hereinafter referred to as the "Declaration"): ARTICLE I DEFINITIONS 1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective meanings set forth below unless otherwise expressly provided. (a) "Account" means the individual recordkeeping account maintained under the Plan to record the interest of a Participant in the Plan in accordance with Section 7.3. (b) "Account Transfer" means a transfer of the Participant's Account upon his or her death to be used for the payment of benefits for the Participant's Spouse and Dependents. (c) "Administrator" means the Employer. The Employer may contract for such administrative services as are necessary to implement the Plan. (d) "Beneficiary" means the person or persons designated by the Participant pursuant to the terms of the Plan, or, if the Plan provides otherwise, the Spouse and Dependents, who will receive any benefits payable hereunder in the event of the Participant's death. (e) "Code" means the Internal Revenue Code of 1986, as amended from time to time. (f) "Covered Employment Classification" means the group or groups of Participants eligible to have contributions to this Plan made on their behalf, as specified by the Employer. (g) "Dependent" means an individual who is a person described in Code Section 152(a). (h) "Investment Fund" means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets may be separately invested as herein provided. The Trustee shall not be required to select any Investment Fund. (i) "Non forfeitable Interest" means the interest of the Participant or the Participant's Spouse, Dependent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribution which has vested pursuant to the vesting schedule specified in the Employer's Plan. 0) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has his primary place of residence. (k) "Trust" means the trust established by this Declaration. (1) "Trustee" means the person or persons appointed by the Employer to serve in that capacity. ARTICLE II ESTABLISHMENT OF TRUST 2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Participants, their Spouses, Dependents and Beneficiaries. ARTICLE III CONSTRUCTION 3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of Illinois 3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate, and the singular form of words shall be read as the plural where appropriate. 3.3 If any provision of this Trust shall be held illegal or invalid for any reason, such determination shall not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of this Trust. ARTICLE IV BENEFITS 4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse and Dependents. Death benefits may be provided to a Beneficiary pursuant to the terms of the Plan. 4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the Participant, his Spouse or Dependents for insurance premiums or other payments expended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the Administrator for insurance premiums. ARTICLE V GENERAL DUTIES 5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to compute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody, investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are performed by the Employer or the Administrator, or both. 5.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Administrator or other person designated hereunder from time to time the Employer's contributions under the Plan and to inform the Trustee in writing as to the identity and value of the assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to the Participants of the Plan. ARTICLE VI INVESTMENTS 6.1 The Employer may appoint one or more investment managers to manage and control all or part of the assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment. 6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the Employer (or Participants, their Spouses and Dependents, or Beneficiaries to the extent provided herein) the Trustee is authorized and empowered with the following powers, rights and duties, each of which the Trustee shall exercise in a nondiscretionary manner: (a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee or in the name of a nominee, or to take and keep the same unregistered; (b) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be liable for the acts of such agents and counsel or for the acts done in good faith and in reliance upon the advice of such agents and legal counsel, provided it has used reasonable care in selecting such agents and legal counsel; (c) To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust may be invested and to pay the premiums thereon; and (d) At the direction of the Employer (or Participants, their Spouses, their Dependents, their Beneficiaries, or the investment manager, as the case may be) to sell, write options on, convey or transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non- income producing and wherever situated, including but not limited to, time deposits (including time deposits in the Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures, equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securities and other corporate, individual or government securities or obligations, annuity, retirement or other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units of any other common, collective or commingled trust fund. 6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as title holder only. Persons holding custody or possession of assets titled to the Trust shall include the Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee. The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer, the Administrator, the investment manager, or such agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may refuse to comply with any direction from the Employer, the Administrator, the investment manager, or such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal. 6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken by or omitted in good faith by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any such investment in the absence of directions from the investment manager. Notwithstanding anything to the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemnification if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken by it under the provisions of this Trust. D 6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer, the Administrator and the investment manager or another agent of the Employer, will be responsible for valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims, actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such assets. 6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all actions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer, the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator, the investment manager or agents thereof, and (c) the Trustee's negligence, willful misconduct, or recklessness with respect to the Trustee's duties under this Declaration. ARTICLE VII CONTRIBUTIONS 7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the Plan or by resolution. 7.2 Accrued Sick Leave and/or Accrued Vacation Leave. Contributions up to an amount equal to the value of accrued sick leave or vacation leave, or both, are permitted under the Plan. The Employer's Plan must provide a formula for determining the value of the Participant's contribution of accrued sick leave or vacation leave, or both. The Employer's Plan must contain a forfeiture provision that will prevent Participants from receiving the accrued sick leave or vacation leave, or both, in cash in lieu of a contribution to the Trust. 7.3 Accounts. Employer contributions and contributions of accrued sick leave or vacation leave, or both, all investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his Spouse, Dependents and Beneficiaries. The assets in each Participant's Account may be invested in Investment Funds as directed by the Participant from among the Investment Funds selected by the Employer. 7.4 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or investment manager or another agent of the Employer, shall receive all contributions paid or delivered to it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declaration, without distinction between principal and income. The Trustee shall not be responsible for the calculation or collection 7 of any contribution under the Plan, but shall hold title to property received in respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this Declaration. 7.5 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Employer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries. 7.6 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE VIII OTHER PLANS 8.1 If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical, disability, severance, or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, may commingle for investment purposes the contributions received under such other plan or plans with the contributions previously received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan. ARTICLE IX DISBURSEMENTS AND EXPENSES 9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to Section 7.6), which would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of the Participants and their Beneficiaries pursuant to the provisions of the Plan. 9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be made, and no person shall be entitled to look to any other source for such payments. 9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer. ARTICLE X ACCOUNTING 10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of the Trust, except as necessary to perform its title -holding function hereunder. All accounts, books, and records relating thereto shall be maintained by the Employer or its designee. 10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its designee. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be appointed by, or account to any court of law in the exercise of its powers hereunder. 11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look to the propriety of the acts of the Trustee in connection therewith. 11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustee under this Declaration. 11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for three (3) years after the tennination of this Declaration to examine, audit, inspect, review, extract information from, and copy all books, records, accounts, and other documents of the Trustee relating to this Declaration and the Trustees' performance hereunder. ARTICLE XII AMENDMENT AND TERMINATION 12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration at any time for any reason without the consent of the Trustee or any other person, provided that no amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the execution of the Trustee to the amendment. Any such amendment shall become effective as of the date provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the Trustee, if the Trustee's execution is not required. 12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE XIII SUCCESSOR TRUSTEES 13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving ninety (90) days' advance written notice. 13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice to the Employer. 13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trustee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declaration, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and responsibilities for the Trust. ARTICLE XIV LIMITED EFFECT OF PLAN AND TRUST 14.1 Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or account, nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration. 10 ARTICLE XV PROTECTIVE CLAUSE 15.1 Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any contract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract, or for the action of any person which may delay payment or render a contract void or unenforceable in whole or in part. IN WITNESS WHEREOF, the Employer and the Trustee have executed this Declaration by their respective duly authorized officers, as of the date first hereinabove mentioned. EMPLOYER: By: . w Title./11,V46 /lf/h✓XGr•� Title: A- TRUSTEES: III ft6iw- MR 11 ATTACHMENT C DECLARATION OF AMENDMENT TO THE VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN Plan Number: 80 0 1 7 8 Name of Employer: Village of Elk Grove Village State: Illinois The Employer is amending its VantageCare Retirement Health Savings (RHS) Plan to incorporate the provisions selected below. Section numbers refer to the appropriate section of the VantageCare RHS Adoption Agreement. Part I: Addition of New Participation and Contribution Features: Complete Part I if you wish to add the new participation and/or contribution features to your RHS plan. Effective Date: January 1, 2003 (insert effective date of amendment). V. Eligible Groups and Participant Eligibility Requirements Use this section to allow your employees to choose to participate in the RHS program. If you do not select this option, participation will continue to be mandatory for the employee group(s) named in your original RHS Adoption Agreement. If you choose this option, employees that do not opt to participate in RHS will not receive mandatory contributions or be allowed to choose to make elective employee contributions (see SectionVI). Irrevocable Election to Participate If this box is checked, in lieu of mandatory participation, the Employer provides for a one-time irrevocable election by eligible Employees to participate in RHS. Until such time as the election is made, the Employee shall not participate in the Plan or receive contributions pursuant to section VI of the RHS Adoption Agreement. Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate. Participation may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to partici- pate may be made in a later year. An annual election window of days (no more than 60 calendar days) shall be provided during which the election may be made. The election win- dow shall run from to (insert your annual time frame for the election win- dow, e.g. October 1 to November 29). Participation may begin no earlier than the calendar year fol- lowing the year of the election. Once made, the election is irrevocable and may not be revoked while the participant is a member of the group covered by the RHS plan. 7 Plan Number: 8 Existing RHS participants If you have chosen to allow your employees to elect to participate in RHS, you must choose one option below with respect to existing participants. Existing RHS Participants shall be allowed to revoke their participation in the Plan on a one-time irrevocable basis. Participants shall be provided a 60 calendar day window from the effective date of the plan amendment to revoke participation. Revocation shall be made on a form provided by the ICMA Retirement Corporation and returned to the Employer. Once participation is revoked, the Participant may not elect to participate in the Plan at any later time. Account assets of Participants that revoke participation shall remain in the Trust to be distributed under the terms of the Plan as outlined in the Employer's VantageCare RHS Adoption Agreement. Existing RHS Participants shall not be allowed to revoke their participation in the Plan. By adopting the elective participation option, the Employer acknowledges that the Internal Revenue Service has not ruled on an irrevocable election to participate in an integral part trust. ICMA-RC has obtained the advice of counsel that such an election is allowable under the conditions outlined in this Adoption Agreement. The Employer should discuss this issue with appropriate counsel. If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings Plan, is in whole or part, a non -collectively bargained, self-insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxa- tion on the benefits received by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel. VI. Contribution Sources and Amounts Use sections A and/or B to define your contribution formula(s) for your RHS plan. Section C defines your overall plan contribution maximum (if any). Check the boxes that apply, and complete your fund- ing formula(s). A. Mandatory Contributions 71 1. Direct Employer Contributions: The Employer shall contribute on behalf of each Participant % of earnings or $ for the P1anYear. Definition of earnings: Plan Number: 8_ _ _ _ 0 2. Mandatory Leave Contributions: The Employer will make mandatory contributions of leave as follows: Accrued Sick Leave* Yes 0 No Accrued Vacation* Yes 17 No Other (describe)* 71 Yes 0 No * Please provide the formula for determining the accrued leave contribution: An Employee shall not have the right to discontinue or vary the rate of mandatory leave contribu- tions. [713. Mandatory Employee Compensation Contributions: The Employer will make mandatory contributions of Employee compensation as follows: Reduction in Salary - % of earnings (as defined in VI.A.1.) or $ will be contributed for the P1anYear. Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or I pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of Employee compensation. B. Elective Contributions: If you wish to provide for elective contributions, complete sections 1 and/or 2 as appropriate. 1. The Employer will permit each Employee to make the following elections to make pre-tax contri- butions to the Plan: a. Irrevocable Election for Pre -Tax Contributions from Compensation: A one-time, irrevocable election of the amount of Employer contributions of compensation made on his or her behalf. A Plan Number: 8 The Employer limits the amount elected to either a fixed percentage or a range of percentages of an Employee's earnings (as shown below): 00 of earnings (as defined in VI.A.1.) or up to % of earnings (as defined inVI.A.1.) for the Plan Year. Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to con- tribute may be made in a later year. An annual election window of days (no more than 60 calendar days) shall be provided during which the election may be made.The election window shall run from to (insert your annual time frame for the election window). Contributions may begin no earlier than the calendar year following the year of the election. Once made, the election is irrevocable and may not be revoked. Clb. Irrevocable Election for Pre -Tax Contributions of Accrued Leave:A one-time, irrevocable election of the amount of Employer contributions of accrued 0 sick 0 vacation 0 other her behalf. The Employer limits the amount elected as shown below: (describe) leave made on his or Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to con- tribute may be made in a later year. An annual election window of days (no more than 60 calendar days) shall be provided during which the election may be made. The election window shall run from to (insert your annual time frame for the election window). Contributions may begin no earlier than the calendar year following the year of the election. Once made, the election is irrevocable and may not be revoked. 10 Plan Number: 8_ O c. Annual Prospective Election for Pre -Tax Contributions of Leave: An annual, irrevocable elec- tion to have his or her 0 sick [71 vacation 0 other (describe) leave to be accrued in the next calendar year, contributed to the Plan on his or her behalf. Contributions of future leave accruals will be remitted to the Plan 0 as earned 0 at the end of the calendar year The election to contribute must be made in the calendar year before the year in which contributions are to begin. Once made, the election shall apply to succeeding calendar years unless otherwise revised or revoked by the Employee on an annual basis. An annual election window of days (no more than 60 calendar days) is provided during which eligible Employees may make the election to contribute. The election window shall run from to of the year prior to the year contributions of leave will begin (insert your annual time frame for the election window). The Employer limits the amount elected as shown below: In adopting section a, b, and/or c, the Employer acknowledges that the Internal Revenue Service has not ruled on irrevocable election contributions in an integral part trust. ICMA-RC has obtained the advice of counsel that such contributions are allowable under the conditions outlined in this Adoption Agreement. The Employer should discuss this issue with appropriate counsel. C3 2. Voluntary After -Tax Contributions: Each Employee may contribute up to % of earnings (as defined inVI.A.1.) or $ for the Plan Year on a voluntary after-tax basis. In no event may aggregate Employee voluntary after-tax contributions exceed 25% of total contri- butions in any P1anYear. An Employees all have the right to discontinue or vary the rate of voluntary after-tax contributions of Employee earnings. In adopting this section, the Employer acknowledges that the Internal Revenue Service has declined to rule on Employee after-tax contributions in an integral part trust. ICMA-RC has obtained the advice of counsel that such contributions are allowable in an insubstantial amount (i.e. no more than 25% of total contributions in any P1anYear).The Employer should discuss this issue with appropriate counsel. C. Limits on Contributions: Use this section to define your overall maximum contributions for all contribution types you selected. (Limits on individual contribution types are defined within the appropriate sections above.) Plan Number: 8 The total contribution on behalf of each Participant (including both Mandatory and Elective Contributions) for each P1anYear shall not exceed the following limit(s): 0 % of earnings (as defined in VI.A.1.). There is no Plan -defined limit on the percentage or dollar amount of earnings that may be contributed. ✓ Part II: Revision of Existing Distribution Features You must complete Part II to incorporate the HRA -required changes into your existing RHS Plan. These changes will be effective immediately. Affected provisions include: ✓ Long-term care expenses are no longer a qualifying medical expense (see X.) ✓ Death benefits (see XI. and VIII.) ✓ Severance provision (see XIL) ✓ De minimis provision (see XIII. G.) VIII. Forfeiture Provisions: Complete Section VIII. if 1) you did not select a forfeiture provision for your existing plan (e.g. because vesting does not apply to your plan) or 2) you wish to change your existing forfeiture selection. Upon separation from the service with the Employer, or upon reversion to the Trust of a Participant's account assets remaining upon the Participant's death (as outlined in Section XI.), a Participant's funds shall: 171 Remain in the Trust to be reallocated among all Plan Participants as Direct Employer Contributions for the next and succeeding contribution cycles(s). Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. Remain in the Trust to be reallocated among all Plan Participants based upon Participant account balances. Revert to the Employer. In the case of separation from service, the Participant's non -vested funds shall be applied as shown above. In the case of reversion due to the Participant's death, the remaining account assets shall be applied as shown above. X. Permissible Medical Benefit Payments Long Term Care Benefits are not eligible for payment under the Plan. 12 Plan Number: 8 0 0 1 7 8 XI. Death Benefit In the event of a Participant's death, the following shall apply: Account Transfer: The surviving spouse and/or surviving eligible dependents (as defined in Section XIII.F.) of the deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical benefits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund*. The account balance may be reallocated by the surviving spouse or dependents. * Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of $1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA-RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD/SIPC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible dependents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical benefits of the beneficiary's designated beneficiary. If there is no living beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's spouse's or dependent's designated beneficiary(ies). If there are no living spouse or dependents at the time of death of the Participant, the account will be available for medical benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all designated beneficiaries shall be available for medical benefits of the beneficiary's benefi- ciary. If there is no living beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's beneficiary(ies) or any beneficiary's beneficiary. XII. Termination Prior to Benefit Eligibility This section replaces the Severance Feature previously included in Section XII. In the case of a Participant's termination of employment in advance of retirement (as defined in Section VII.C.) or prior to becoming eligible for medical benefits under the plan (as defined in Section IX.), the 13 Plan Number: 8 0 0 1 7 8 vested value of the Participant's account will be available for benefits: Immediately upon termination of employment. As outlined in Section IX. CI At age XIII.G. Upon termination of employment prior to a Participant becoming eligible for medical benefits from aVantageCare Retirement Health Savings Plan account, Participant accounts that are considered de minimis as specified below will be paid to the Participant. 1401 91 The de minimis account value shall be $5,000 or less. 0 The de minimis account value shall be $ (insert dollar amount between $0 and $5,000) or less. 0 The Plan shall not allow de minimis account distributions. Accepted: Vantagepoint Transfer Agents, LLC Corporate Treasurer 14