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485.2003 RESOLUTION TO AMEND AND RESTATE DEFERRED COMPENSATION PLAN FOR TOWN OF QUEENSBURY EMPLOYEES RESOLUTION NO.: 485, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Queensbury (the "Model Plan") and offers the Model Plan for adoption by local employers, and WHEREAS, the Town of Queensbury, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Queensbury, WHEREAS, effective January 1, 2003, the Board amended the Model Plan to adopt provisions relating to regulations pertaining to Section 457 and Section 401(a)(9) of the internal Revenue Code, technical amendments to the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") as they apply to the Model Plan and to adopt modifications that update certain administrative provisions, and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, upon due deliberation, the Town of Queensbury has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Queensbury by adopting the amended and restated Model Plan, and WHEREAS, the Deferred Compensation Committee has decided to permit loans under this plan, and has established clear procedures for the administration of loans, a copy of which is attached, in accordance with Section 6.5 of the Model Plan Document, with Section 9001.4 of the Rules & Regulations, and with Sections 457 and 72(p) of the Internal Revenue Code and any Treasury Regulations promulgated thereunder, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby amends the Deferred Compensation th Plan for Employees of the Town of Queensbury effective November 17, 2003 by adopting the amended and restated Model Plan effective January 1, 2003, a summary of such changes to the Model Plan being attached to this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Comptroller to sign any documentation and take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of November, 2003, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES : None ABSENT: None