2003-050RESOLUTION NO. 2003-50
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED REVISED LOAN GUIDELINES AND
TRANSMIT SAME TO THE ICMA RETIREMENT CORPORATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has employees rendering valuable services
and in recognition of said valuable services, the City adopted Resolution No. 96-19
establishing money purchase plans for all full time City employees; and
WHEREAS, the City adopted Resolution No. 2003-13 amending the Loan
Guidelines contained in the money purchase plans for all full time City employees; and
WHEREAS, City staff and the City Manager recommend that Loan Guidelines
for Plan No 9534 covering General Employees and Plan 9535 covedng Department
Directors and Assistant Department Directors and Plan 9536 covering the City
Manager be further amended to allow the ability to refinance an existing loan within the
same calendar year the loan is issued; and
WHEREAS, the City Commission, concurs with said recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section1: The City Manager is hereby authorized to execute the attached
Revised Adoption Agreement and to transmit same to the ICMA Retirement
Corporation.
Section 2: The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3: This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Vice Mayor Grossman, who moved its
adoption. The motion was seconded by Commissioner Cohen, and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Pedow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2003-5._.~o
Page _.2
PASSED AND ADOPTED THIS 19th day of June, 2003
~OW, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Eg~zCTIVE DATE 6/19/03
LOAN GUIDELINES
REVISED A~ OF FEBKUAKY 4, 2003
NAME OF PLAN: . CITY OF AVEY, TUP-~-
Ei~fPLOYEES RETIREMENT PLAN
I. PURPOSE
T~e propose Qf these gui~lines is to ~stablish the terms and conditions under which ~he Employer will grant
loans to participants. Tl3is is the only official Loan Pro.an Documem of the above named Plan.
II. ELIGIBILITY
Loans are available to all 'active employees. Lo,ns will not be granted to pardcipmnts who have an existing loan
in defanlt
Lo,-ns are avallable from the following source: [select one or both]
Employer Contribution Account (vested balances only)
Pm-Cicipant Contribution Accounts (pre- mud post-tax, if applicable, including Employee Mandatory,
Employee Voinntm-y, Employer Kollover and Portable Benefits Accounts but excluding the Deduct-
ible Employee Cont-dbution/Qualified Voluntary Employee Contribution Account)
Loan~ will be pro-rated among ali the funda in which the parZicipant is invested at the time the loan is made,
Loans are available for the following purposes: [select one]
:~2 All purposes
_ ~ --Loans shall only be granted in the evem of a pa-~cipant's hmrdsbip or for the pm'pose of enabling a
participant to meet certain specified financier situations. The Emplbyer shall determine, based on all
relevant facts and circumstances, that the amount of We loan is not in excess of the m-noun[ reqmrcd
tO relieve thc financial need. For this purpose, financial need shall include, but not bc limited to:
unreimbursed medical expenses of the participant or members of thc participant's uraUeciiat~ family,
establishing or substantially rehabilitating the principal residence of the pamicipant, or paying for a
college education (including graduate studies) for the pszticipant or Ms/her dependents.
III. FREQUENCy OF LOANS
[select one]
---t~'--Participants may receive one loan per calendar year. Moreover, participants may have only one
outstanding loan at a time.
Participants may receive one loan per ca/endar year. Moreover, no participant may kave more than
five (5) loans outstanding at one time.
Participants may refinance an existing loan within the same calendar Plan
year the loan was issued.
PP93F
IV. LOAN AMOUNT
?ne mL,~mum loan ~nount is $1,000.
/hz rnm~amum loan a_moum is:
F~gCTIVE DATE 6/19/03
the lesser of:
(1)
(2)
$50,00C reduced by the excess (if any) of:
a_ The highest outstanding balance of roans during the one-year period ending on
thc day before the date a loan is ~o be made, over
b. The outstanding balance of loans on the date the [oau is to be made; or
1/2 of the participants vested account balance.
Ifa pazCJcipant hms any loans outstanding at the time a new loan is requested, the new loan will be Hmked to thc
maXnnum amo?fnt calculated above reduced by the total of the outstanding loans.
V. LENGTH OF LOAN
~. loan must be repaid in substantially equal installments of principal and hutcrcst, at least monthly, over a pe~od
that docs not cxcccd five (5) years.
Lo~u~ for a print/pal residence mus~ bc repaid in substantially equal instalments of principal and interest, at least
monthly, o.ver no more than ] D [state number of years] years (maximum 30 years)..
VI. lOAN REPAYMENT PROCESS
Loans for active employees must be repaid through payroll deduction_ Repayment will begin as soon as practi-
cable on a date determined by the Employer's payroll cycle. '
Loans outstanding for former employees who are allowed under Section X. to maintain their 1'oans or loans
outstandkug for employees .on a leave of absence must be repaid on the same schedule as if payroll deductions
were still being marie unless they rearnortize their loans and establish anew repayment schedule which provides .-'
that substantially equal payments are made at least monthly over the remaining period of the loam All repayments
must be made through the Employer. '
Loan payments, i~cluding loan payments Rom former employees, are allocated to the 'same investment options
des/gnated on the 401 Enrollment Form or according to the most current 401 change form which specifies
Contribution allocation¢.
VII. LOAN INTEREST RATE
· 7
The rate of interest for loans .of five (5) years or less wall be based on'prime plus 0.5%.
The rate of interest for loans for a principal residence will be based on the FF._A/VA rate·
Interest rates are determined on the lmst business day of the month preceding the month'the loin is disbursed.
The interest rate is locked in at the time a loan is approved and remains constant throughout the life of the loan.
The prime interest rate is determined on the last business day of each mont. k using the Wall Street Journal
as the source. The FHA/VA interest rate is also determined on the i~st business day of each month using the
Telerate Information Service as the source.
:
................... PP93F
E~KCTIVE DA'IR 6/i9/03
Lo~n interest rates for new loans may f~ucmate upward or downward monthly, depending on the movaracnt of the
.prime a_nd FPL~/VA. interest rates.
The Employer may modify the manner in which loan interest rates will be determined, but only with respect to
future loans.
VIII. LOAN APPLICATION PROCEDURE
Ail loans must be requested in writing on an application approved by thc Plan Administrator. Thc application
mu~t bc signed by Cue pm~dcipaat The Employer must review and approve the application.
If the pmticipant is married at the time of app~cation, and spousal consent is required by thc pla~ for thc loan,
thc paCicipant's spouse must consent, in writing, to the loan and thc'consent must be witnessed by a plan repre-
sentative or notre2/public. Such consent must bc ~ven within the ninety (90) day period before the time thc loan
is made. Spousal consent, if required, must accompany Lhe application in order for the application to be '
considered complete.
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement which
includes an amortization schedule prior to receiving a loan check. Loan checks will generally be issued on the
Friday following the receipt of a complete loan application. The loan check, promissory note, disclosure statement
amd truth-in-lending recision notice will be sent to the Employer, who will obtain the necessary signatures and
deliver the check to the participant. Ail executed documents must be returned to the Plan Administrator within 10
calendar days from the date the check is issued.
IX. SECURITY/COLLATERAL
That portion of a participant's vested account balance that is equal to the mount of the loan is uscd as collateral
for the loan. The collatcral a-mount may not exceed 50% of the participant's vested account balance at the time.the
loan is taken. Only that portion of the vested account balance that corresponds to' the mount of the outstanding
loan balance is used as collateral.
X.' ACCELERATION
[select one]
Ail loans arc duc and payable in full upon separation from service.
All loarm are duc an4 payable when a participant reccR;es a distribution of al/of his/her account
balance after separation from service. Thc amount of the outstanding loan balance will be reposed az
a distribution in addition to the amount of cash distributed from the plan.
All loans arc due and payable when a participant rcccives',a distribution of part of his/her account
balance af~er separation from Service. The amount of the ' '
outstanding loan balance will rc~por~ed az a
distribution in ~dition to thc amount of cash distributed from thc plan.
PPg3F
E~'~CTIVE DATE 6/19/03
XI. REAMORTIZATION
Any outstanding loan may be reamortiz~d. P~amortizadon means changing the ternks of a loan, such as length of
repayment period, interest rat~, and frequency of repayments. A loan may not be reamortizad to extend the length of
the loan repayment period to more than five (5) years from the date the loan was originally made, or in the case of a
loan to secure a principal residence, beyond the number of years spcciI'ied by th~ Employer in Section V. above.
A participant must request the reamortlzation of a loan in writing on a rearnortizadon mpplicadon acceptable to the Plan
Adrainistrator. Spousal consent must aCcompany the request for remmortization when such consent is required by the
plan. Upon procgssing the request, a new disclosure statement will be sent to the Employer for endorsemem by the
participant and approval by the Employer. The executed disclosure statement must be returned to the Plan Administr~-
][or within 10 calendar days from th~ date it is signed. The new disclosure statement is coP. sidered an amendment to the
original promissory note, therefore a new promissory note will not be r, equlred.
A rearaortization will not be considered a new loan for purposes of calculating the number of loans oulsr2J~ding or
one loan per calendar limit
Xll. RSFINA~CING EXISTING LOANS
If a participant has one outstanding lo~n, that lo.an may be refinanced. If a participant has more than one outstand-
ing loan, no loans may be refinanced. R.eflnancing means concurrently repaying an existing loan and borrowing
~1 additional amount through a n~w loan.
In order to refinance an existing loan, a participant must request a new loan in writing on an application approved
by the Plan Administrator. Spousal consent must accompany the application when such consent ts required by the
plan. Such request must be made at a time when the participant is eligible to obtain a Ioan as defined by the
Employer in Section III. above. The amount of a new loan requested for the purpose of refinancing ~s subject to
the loan limit,s specified in Section IV. above.
Becaase a refinancing is considered a new loan, or~y active employees may refinance an outstanding loan.
XIII. REDUCTION OF LOAN
If a participant dies and leaves an outstanding loan, the unpaid loan balance will be repaid from the account
balance before any distributions are made to a beneficiary.
XIV. LOAN DEFAULT
If a required payment of principal amd inl:erest is not made within 90 days of the date such payment is due, the
loan is considered in default. If a loan is in default, the loan will be foreclosed during the calendar year in wlxich
the participant separates from service. However, the IRS "deems" a default to be a distribution in the year the
default occurs. Therefore, the amount of the outstanding loan at the time of the default, including anomed interest,
will be reported to the IRS as a distribution in the year the default occur~
closed at that time. The distribution may be subject to taxe~ and possibI~ even thou~,~h the loan may not be fore-
a penalty for early withdrawal.
If a participant has separated from service and defaults'on a loan, then the loan will be foreclosed during the
calendar year in which the default occurs. The a.mount of the outstanding loam, including accrued interest, will be
reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
....... ~ , ~P93F
EFFECTIVE DATE 6/19/03
~o~t is "~m~d" in d~f~t ~ of ~ dam of s~p~on from a~icm
s~[c~. If ~¢ t~rms of ~a ferns contort such a provision ~d ~ ou~d[n~ [~ b~ca La ~oc p~d p~o~ [o ~
dis~bu~on from ~ acco~t, ~ ou~t~ng 1o~ ~o~[ will be considarad [n default upon [ssuanc~ of ~c
~s~bu~on ck~ck. ~ ~oun[ of ~a ou~t~ng [o~, mcludln~ ~cc~ed ~tarast, will bc reported to ~ IRS
~ ~ ~s~baton wMck may bo subject to tzx~s ~d possibly ~ p~n~ for ¢~ly wt~aw~
XV. DE MINIM. IS ACCOUNTS AND OUTSTANOIh, G LOAN BALANCE
If a participant's_~pmrates from s~rvtce
1o~ b~a, La 3~,500 or less, ~e PL~ wfli ~utom~c~ly for~ciaae
PI~. If ~s occ~s, ~a ~ount of
XVI. FEES
~om ~ P[~ Ad. resistor.
XVII. OTHER
order to comply with ~y legal requifem~ntz. All t~rmg and condirzona will
no n-dis crimZo, ato ~
In Vfitnos~ Whereof, tha. Emp[oy~ hereby caused thes~ ~uide[k%es to be ex=cured ~.
, 19
d~y'of
EMPLOYER
BY:
Eric M ' 'S':roka,
TITLE: C'[ fY' Mnnag~
A-Fi'EST:,
ACCEPTED: ICMA RETIREMENT CORPOP~,TION
BY:
-TITLE:
A'VI'EST: .
LOAN GUIDELINFS
REVISED AS OF FEBRUAiIY 4, 2003
NAME OF PLAN: CTTY OF AVENTURA
CITY MANAGER RETIREMENT PLAN
I. PURPOSE
The purpose of these gnldelines is to establish the terms and conditions under which the Employer will grant
loans to pa_rticipants. This is the only official ,Loan Program Document of the above named ?lan.
Il. ELIGIBILITY
Loans ~-re available to ali active employees. Loans wiI1 not be granted to participants who have an existing loan
in default.
Loans are av~ilable from the following so~ces: [select one or both]
Employer Contribution Account (vested bahmces only)
Pm-ticipant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory,
Employee Voluntary, Employer Rollover, and Portable Benefits Accounts, but excluding the Deduct-
ible Employee Contribution/Qualified Voluntary Employee Contribution Account)
Loams will be pro-rated among all the funds in wNeh the participant is invested at the time the lounis made.
Loams are available for the following purposes: [select one]
All purposes
1451 --Loans shall only be granmd in the event'of a participant's hardship or for the purpose'of enabling a
participant to meet certain specified financial situations. The Employer ~all determine, based on all
relevant facts and circumstances, that the amount of the loan is not in excess oft. be amount required
to relieve the financial need. For this purpose, financial need shall include, but not be limited to:
ttar=imbursed medical expenses of the participant or members of the participant's immediate family,
establishing or substamtially rehabilitating the principal residence of the participant, or paying for a
collage education (including graduate studies) for the pamcipant or Ns/her dependents.
111. FREQUENCY OF LOANS
[select one]
-'}~'--'Participants may receive one loan per calendar year. Moreover, participants may have only one
outstanding loan at a time.
Participants may receive one loan per calendar year. Moreover, no participant may kava more than
.five (5) loans outstanciiag at one time.
Participants may refinance an existing loan within the same calendar Plan
Year the loan3as issued.
PP93F
E~'Iq~CTIVE DATE
IV. LOAN AMOUNT
The minimum loan amount is $1,000.
The maximum loan an~ount is:
the lesser of:
(1)
(2)
$50,000, reduced by the excess (if any) of:
a. The hi~hest outstanding balance of loans during the one-year period ending on
the day before the daze a loss is to be made, over
b. The outstanding balance of loans on the date the loan is to be made; or
l/2 of the participant's vested account balance
[fa participant has any loans outstanding at the th-ne a new loan is requested, the new loan will be limited to the
mmCUnum mmouht calculated above reduced oy thc total of the outstanding loans.
V. LENGTH OF LOAN
A loan must be rcpa/d in substantially equal installments of principal and in, crest, at least monthly, over a period
~hat does not exceed five (5) years.
Loans for a principal residence must be repaid ha substantially equal iustallments of principal and interest, ar least
monthly, over no more than T fl [state number of years] years (maxamum 30 years).
VI. LOAN REPAYMENT PROCESS
Lorenz for active employees must be repaid through payroll deductiom Repayment will begin aa soon as practi-
cable on a date determined by the Employer's payroll cycle.
Loans outstanding for former employees who are allowed under Section X. to maintain their loans or loans
outstanding for employees on a leave of absence must be repaid on the same schedule as if payroll deductions
were still being made unless they reamortize their loans and establish a new repayment schedule which provides "'
that substantially equal payments are made at least monthly over the remaining period of the loan. All repayments
must be made through the Employer.
Loan payments, including 10sn payments from former employees, ~re allocated to the same invesunen~4~ptions
designated on the 401 Enrollment Form or according to the most current 401 change form which specifies
contribution ag. ocadons.
VII. LOAN INTEREST RATE
Thc rate of interest for loans of five (5) years or less will be based on prime plus 0.5%.
The rate of interest for loans for a principal residence wi12 be based on the FHA/VA rate.
Interest rates are determined on the last business day of the.month preceding the month the loan is disbursed.
The interest rate is locked ha at the time a loan is approved and remains constant throughout the life of the loan.
Thc prime interest rate is determined on the last business day of each month using the Wall Street Jouznai
as the source. Thc F~A interest rate is also determined on the last business day of cash month using the
Telerate Information Service as the source.
................. J .... PPg~F
EFFECTIVE DA~E 6/19/03
Loan interest rates for new loans may fluctuate upward or downward monrJ~Iy, depending on the movement of the
prime and FHA/VA interest rates.
The Employer may modify the manner in which loan interest rates will be determined, but only with respect to
future loans.
VIII. LOAN APPLICATION PROCEDURE
All loans must be requested in writing on an application approved by the Plan Administrator. The application
must be signed by the participant. The Employer must review and approve the application.
tf the participant is married at the time of application, and spousal consent is required by the plan for the loan,
the participant's spouse must consent, in writing, to the loan and the'consent must be witnessed by a plan repre-
sentative or notary public. Such corment must be given within the ninety (90) day period before the time the loan
is made. Spousal consent, if required, must accompany the application in o~der for the application to be
considered complete.
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement wtfich.
includes an araordzation scheduie prior to receiving a loan check. Loan checks will generally be issued on the
Friday following the receipt of a complete loan applic~tior~ The loan chedk, prqmissory note, disclosure statement
a.hd truth-in-lending recision notice will be sent to the Employer, who will obtain the necessary signatures and
deliver the check to the participant. All executed documents must be returned to the Plan Administrator within 10
calendar days from the date the check is issued.
IX.. S ECU RITY/CO LLATERAL
That po~on of a participant's vested account balance that is equal to the amount of the loan is used as collateral
for the loan. The collateral amount may not exceed 50% of the participant's vested account balance at the time the
loan is taken. Only that portion of the vested account balance that corresponds to the amount of the outstanding
loan balance is used as collateral.
X. ACCELERATION
[select one]
Al/loans are cluc and payable in full upon scpmration from service.
All loans are due and payable when a participant receives a distribution of all of hisYhei account
balance after separation from service. The amount of the outstanding loan balance will be reported as
a distribution in addition to the amount of cash distributed from the plarn
Ail loans are due and payable when a participant rcceivcsla distribution of parc of his/her account
balance after separation from service. Thc amount of the o{ztstanding loan balance will reported as
distribution in addition to the amount of cash distributed from the plan.
PP93F
EFFECTIVE DATE 6/19/03
XI, REAMORTIZATION
Any outstanding loan may be reamo~zed. Reamortiz~on means changing the terms of a loan, such as length of
repayment period, interest rat~, and frequency of repayments. A loan may not be reamortized to extend the length of
the loan r~payment period to more than five (5) years from the date the loan was originally made, or in the case of a
loan to secure a principal residence, beyond the number of years specified by the Employer in Section V. above.
A participant must request the reamortizafion of a loan in writing on a reamortization appl/cahon acceptable ~o the Plan
Administrator. Spousal consent must accompany the request for reamortization when such. consent is required by the
plan. Upon processing the request, a new disclosure statement will be sent to the Employer for endorsement by the
participant and approval by the Employer. Tee executed ddscl0sure statement must be returned to the ?lan Adm/nistra-
tot within 10 calendar days from the date it is ~igned. The new disclosure stat*merit is Considered an amendment to the
original promissory note, therefore a new promissory note will not be ,requ/red.
A reamortizafion will not be considered a new loan -
one loan per calendar 1/mit_ for purposes of calculating the number of loans outstanding or the
XII. REFINANCING EXISTING LOANS
If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstxnd-
icg loan, no loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing
an additional amount through a new loan.
In order to refinance an existing loan, a participant must request a new loan in writing on an application approved
by the Plan Administrator. Spousal consent must accompany the application when such consent is required by the
plan. Such request must be made at a time when the pm-r/cipant is eligible to obtain a loan as defined by the
Employer in Section III. above. The amount of a new loan requested for the purpose of refinancing is subject to
the loan limits specified in Section IV. above.
Because a refinancing is considered a new loan, only active employees may refinance an ontstand~g Ioam
Xlll. REDUCTION OF LOAN
If a participant ·dies and leaves an outsUmding loan, the unpaid loan balance will be repaid from the account
balance before any distributions are made to a beneficiary.
XIV. LOAN DEFAULT
If a required payment of principal and interest is not made within 90 days of the date such payment'is due, the
loan is considered in defanlt. If a loan is in default, the loan will be foreclosed during the calendar year in which
the participant separates from service. However, the IRS "deems" a default to be a d/stribution in the year the
default occurs. Therefore, the amount of the ontstanding loan at the time of the default, including accrued interest,
w/ii be reported~to the IRS as a distribution in the year the default occults even though the loan may not be fore-
closed at that t/me. The distribution may be subject to taxes and possibly a penalty for early withc~awal.
If a participant has separated from service and defaults on a loan, then the loan will be foreclosed duff. rig the
calendar year in which the default occurs. The amount of the outstanding loan, including accrued interest, will be
reported to t. he IRS as a d/str/but2on which may be subject to taxes and possibly a penalty for early withdrawal.
.................... ' 'PP93F
-' ~ EFFECTIV~ DATE 6/19/03
[f ~h~ Employer ha~ ~tccted [n Section X. zmd thc promissory note so p~Ovid~s, ~ [o~ becomes du~ ~nd payabb
t pen~U for e~[y
dis~bu~on from ~a accost, ~ ou~t~ng [o~ ~o~ wi~ be co~id~r=d in default upon
~s~buuon check. ~ ~ount of ~ outs[~ag [o~, [ac[uding accrued ~t~ras[, will b~ r~pomad to
~ a ~s~bu~on w~ch may be subject to t~%~s ~d possibly t pcn~ fo~ ~iy
XV. DE MINIMIS ACCOUNTS AND OUTSTANDING LOAN BALANCE
If a p~cipz~t ~.~p~zi[es from ~ervica ~d ~ p~cip~c'~ tot~ wst~d account b~ca,
1o~ balsa, [s ~,500 or leas, ~e PI~ will lu~oma~c~ly forec[oa~ ~e io~. ~
PI~. If ~a occ~s, ~c ~ount of ~ lo~, ~clu~ng ~ccm~d interest, will be m~aed
~s~b~on, wMch may b~ subject to tmx~g ~d pea~ibly ~ p~n~y fo~ e~[y
XV[. FEES
~ecs may be chszged for vazious servlcc~ ~sociated with the application for ~d issuance of Io~s. All appEcabtc
fees will be debited fi:om the p~'~icipant's account balmuce. A schedule of fees applicable to ~is Plan is available
from thc Pimu Admlmst~ator. '
XVI[. OTHER
Thc Employer k~ the right to set othr~r t~rm~ mhd condition~ ~ k ~ems n~ccss~ for [o~a from ~ PI~ ~
_ day'of
EMPLOYER
BY:
Eric M 'Soroka,
TITLE:
ATq'EST',
ACCEPTED: ICMA RETIREMENT CQP,.PORATIQN
BY:
---TITLE: .-
ATt'EST:
.E~ECTIVE DATE 6/19/03
LOAN GUIDELINES =¢,
REVISED AS OF FEBRUARY 4, 2003
NAME OF PLAN: CITY OF AVENTURA
DEPARTI~ENT DIRECTORS AND ASSISTANTS DIRECTORS RETIREifENT PLAN
I. PURPOSE
The purpose of these guidelines is to establish the term~ and conditions under which the Employer will grant
loans to participants. This ls the only official Loan Program Document oft. he above nmncd Plan.
II. ELIGIBILITY
Loarm are available to all active employees. Loan~ will not be granted to participants who have an existing loan '
in default.
Lo~ns ~re available from the following sources: [select one or both]
Employer Contribution Account (vested balances only)
Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory, .
Employee Voluntary, Employer Rollover, m~d Potable Benefits Accounts, but excluding the Deduct-
ible Employee Contribution/Qualified Voluntary Employee Contfibu~on Account)
Loans will be pro,rated among all the funds in which the pzrficipant is invested at the time the loan is made.
Loans are available for the following purposes: {select one]
Ali pu~oses
Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a -
participant to meet certain specified fmanciaI situations. The Employer shall determine, based on all
relevant fac~s and circumstances, that the mount of the loan is not in excess of the amount required
to relieve the financial need. For this purpose, financial need shall Inchide, but not be limited to:
ur, reimbursed medical expenses of the participant or members of the participant's immediate famfl, y,
establishing or supstantiM2y'rehabilitating the principal residence of the participant, or paying for a
college education (including graduate studies) for the participant or his/her dependents.
III. FREQUENCY OF LOANS
[select one]
_--Participants may receive one loan per calendar year. Moreover, participants may have only one
outstanding loan at a time.
Participants may receive one loan per calendar year. Moreover, no participant may have more than
five (5) loans outstanding at one time.
Participants may refinance an existing loan within the same calendar Plan
.year the loan was issued.
PP93F
EFFECTIVE DATE
IV. LOAN AMOUNT
The rrmmmum loan amount is $1,000.
The maximum Io~u ~mount ~s:
the lesser of:
(1)
(2)
$50,000, reduced by the excess (if any) of:
a. The highest outstanding balance of loans during the one-year period ending on
the day before the date a loan is ro be made, over
b. The outstanding balance of Ioans on the date the loan is to be made; or
1/2 of the participant's vested account balance.
If a participant has any loans ou~tancting at the time a new loan is requested, the new loan will be limited to the
maxtmum amount: calculated above reduced by the total of the outstanding loans.
V. LENGTH OF LOAN
A loan must be repaid in substantially equal installmenrz of principal and interest, at least monthly, over a period
tlmt ~oes not exceed five (5) years. '
Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at least
montNy, over no more than 1 0 [state numoer of years] years (max/mum 30 years).
VI. LOAN REPAYMENT PROCESS
Loans for active employees must be repaid through payroll deduction. Repayment will begin ~ soon as practi-
cable on a date determined by the Employer's payroll cycle.
Loans outstanding for former employees wlno are allowed under Section X. to maintain their loans or loans
outstanding for.employees on a leave af absence must be repaid on the same schedule a~ if payroll deductions
were still being made unless they re~-mordze their loans ~nd est~lish a new repayment schedule which provides
tha~ substantially equal payment~ arc made at least monthly over the remaining period of the loan. All repayments
must be marie through the Employer·
Loan payments, including loan payments from former employees, are allocared to ~ same mveatmentoptiom
de,signat~ on the 401 Enrollment Form ~r accordirtg to the most current 401 =hange form which.specifies
conuibution allocatior~.
VII. LOAN INTEREST RATE
Tke rate of interest for loans of five (5) years or less will be ba~ed on ~rime plus 0.5 %.
The rate of interest for loans for a principai residence will be cased on the FI-LA/VA rare.
Interest rates are deterrmned on the la~t business day of the month preceding the month the loan is disbursed.
The interest rate is locked La at the time a loan is approved and remains constaat throughout t. ke ii.fa of the loan.
The prime interest rate is determined on the last business day of each month using the Wall Street Jouraal
as the source. The FI-IA/VA interest rate is also determine~ on the last business day of each month nsNg the
Telerate Information Service as the source.
· ~ PP93F
E~'FECTIVE DATE 6/19/03
~oan interest rates for new loans may fluctuate upward or downward m0ntbJy, depending on ~ mow~nt of ~e
Employer tomy mo~ ~= m~=~ in w~ch io~ interest roms w~ be d~t~ed, but o~y wi~ respect to
VIII. LOAN APPLICATION PROCEDURE
All loans must be requested in writing on an application approved by the Plan Administrator. The application
must be signed by the participant The Employer must review and approve the application.
If the psCicipant is married at the dine of application, and spousal consent is required by the plan for the loan,
the participant's ~pouse must consent, in writing, to the loan and the'consent must be witnessed by a plan repre-
sentative or notary public. Such consent must be given within the ninety (90) day period before t. he time the loan
is made. Spousal consent, if required, must accompany the application in order for the application to be
considered complete.
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement which
includes an amortization schedule prior to receiving a loan check. Loan checks will generally be issued on the
Friday following the receipt of a complete loan application. The loan check, promissory note, disclosure statement
ahd truth-indending recision notice will be sent to the Employer, who will obtain the necessary signatures and
deliver the check to the participant. Ail executed documents must be returned to the Plan Administrator within 10
calendar days from the date the check is issued.
IX. SECURITY/COLLATERAL
That portion of a participant's vested account balance that is equal to the mount of the loan is used ~ collateral
for the loan. The collateral amount may not exceed 50% of the participant's vested account balance at the time the'
loan is taken. Only that portion of the vested account balance that corresponds to the amount of the ouBtanding
loan balance is used ms collateral.
X. ACCELERATION
[select one]
Ail loans are due and payable in full upon separation from service.
All loazzs are due and payable when a participant receives a distribution of all of his/her account
balance ~fter separation from service. The amount oft. he outstanding loan balance will be reported as
a distribution in addition to the amount of c~sh distributed from the plan.
Ail loans are due amd payable when a participant receives 'a distribution of Part of hisfner account
balance after separation from service. The amount of the Outstanding loan balance will reported as a
distribution in addition to the amount of c~h distributed from the plan.
PP93F
EffECTIVE DATE. 6/19/03
Xl. REAMORTIZATION
A.ay outstanding loan may be reamorfized. Keamortizaton means changing the terms of a loan, such as length of
repayment period, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length of
the loan repayment period to more than five (5) years from the dare the loan was originally made, or in the case of a
loan to secure a principal residence, beyond the number of years specified by the Employer in Section V. above.
A participant must request the reamort/zation of a loan in writing on a reamort/za~on application acceptable to the Plan
Adrrdnistrator. Speusal consent must accompany the request for rearaortization when such consent is required by the
plan. Upon processing the request, a new disclosure statement will be sent to the Employer for endorsement oy the
participant and approval by the Employer. The executed disclosure staZement must be returned to me Plan Administra-
tor within I0 calendar days fi-om the date it is signed The new disclosure s'mrement is considered an amendment ~o the
original promissory note, therefore a new promissory note ,,vii/not be required.
A reamortization will not be considered a new loan for purposes of caiculatin~ thc number of loans outstzmding or the
one loan t:e.r calendar limit
XlI. REFINAb~CING EXISTING LOANS
If a participant has one outstanding loan. that loan may be refinanced. If a participant has more thru one outstand-
ing loan, no loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing
fin additional mount through a new loan.
In order to refinance an existing loan, a participant must request a new loan in writing on an application approved
by the Plan AdmiM. strator. Spousal consent must accompany the application when such consent is required by the
plan. Such request must be made at a time when the participant is eligible to obtain a loan as defined by the
Employer in Section III. above. The amount of a new ioan requested for the purpose of refinancing m subject to
the loan limit~ specified in Section IV. above
Because a refinancing is considered a new loan, on/y active employees may refinance an outstanding loan.
XIII. REDUCTION OF LOAN
If a participant dies and leaves an outstanding loan, the unpaid loan balance wflI be repaid from the account
balance before any distributions are made to a beneficiary.
XIV. LOAN DEFAULT
If a required payment of principal and interest is not made witkin 90 days of the date such payment is due, the
loan is considered in default. If a loan is in default, the loan wilI be fore'closed during the calendar year in wh/ch
the participant separates from service. However, the IRS "deems" a default to be a distribution in the year the
default occurs. Therefore, thc amount of the outs[anding loan at the t. Lmc of thc default, including acc'rued interest,
winl' be reported to the IRS ~ a distribution in the year the default occ~s even though the loan may not be fore-
closed at that time. The distribution may'be subject to ts.res a.nd possibly a penalty for early withdrawal.
If a pmrticipant has separated from service and defaults on a loan, then the loan will be foreclosed during the
calendar year in which the default occurs. The amount of the outstanding loan, including accrued interest, wi/I be
reported to the IRS a~ a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
........ : ' ?P93F
EFFECTIVE DATE 6/19/03
w~en ~e p~cipan[
~ p~n~y for ~y
the Employer hms so elected i_q Socr_on X. ~d ~e promissory note aD providas, z [o~ bacomzs duo ~d
dis~budon lorn ~ acco~t, ~ ou~t~ng Lo~ ~o~ will be considered in default upon iasu~nc~ of
~s~buion c~ck. ~ ~ount of ~ outst~ag [c~, including acc~ad ~tcrts[, will ba mpo~td to ~
XV, DE MINh~vtiS ACCOUNTS AND OUTSTANDING LOAN BALANCE
lo~ ba[~c, la 13,JO0 or [ess, ~e P[~ will automadcaly foreclose ~ lo~,
~s~budon, wMch may bo sub]~c~ to tin, cs ~d possibly ~ pcn~ty for c~[y
XV[. FEES
Fees may be charged for v~fious services ~ssociated with the application for and issuance of lomas. All applicable
foes will be debited f~om the parr/cipmm:'s accoun~ b~cc. A ~chcd~o of f~s applicab[~ ~o ~ PI~ is av~iablo
~om ~e P[~ kd~as~tor.
XVII. OTHER
~¢ Employer hE thc right to set cd,cf term~ a_nd conditions a~ k dooms ncccsa~ for [o~a from
order to comply wi~ ~y lcg~ ~¢q~raman~. ~I ~fmz ~d con~o~ w~ bc admini~rcd
'noa-~sc~to~ m~cr.
,19
day of
EMPLOYER,
BY:
Eric M 'S'~roka,
TITLE: Ct 1-y'-r%na$~{_.,
ACCEPTED: ICMA RETIREMENT COP-,POP..ATIQN
BY:
.... TITLE:
ATFEST'
, AITEST: -