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CC Resolution No. 11-188 Nationwide Retirement Solutions 457 Deferred Compensation Roth Accounts RESOLUTION 11-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING NATIONWIDE RETIREMENT SOLUTIONS 457 DEFERRED COMPENSATION ROTH ACCOUNTS WHEREAS, the City of Cupertino has established and offers 457 deferred compensation plans for its employees that serves the interest of the City 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 and retention of competent personnel; and WHEREAS, the City of Cupertino has determined that the continuance of the deferred compensation plan will serve these objectives. NOW THEREFORE, BE IT RESOLVED that the City of Cupertino hereby amends and restates the deferred compensation plan offered by Nationwide, in the form of the Nationwide Retirement Solutions 457 Governmental Deferred Compensation Plan & Trust (the Plan), to include the associated Roth amendment. BE IT FURTHER RESOLVED that the assets of the amended Plan shall be held in trust, with the City of Cupertino serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the City hereby agrees to serve as Trustee under the amended Plan. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of November, 2011 by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /f/-2A/thir �r I ' Kimberly Smit , ity Clerk Gilbert Wong, Mayor, City of Cu rtino