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Legislative Public Meetings

File #: 25-782    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 7/2/2025 In control: Council and Authorities Concurrent Meeting
On agenda: 7/15/2025 Final action:
Title: Approve the Implementation of a Section 401(a) Deferred Compensation Plan, and Authorize the City Manager to Execute All Plan Documents to Implement the Section 401(a) Deferred Compensation Plan, and Authorize the City Manager to Execute Side Letter Agreements, and Execute Any Future Side Letter Agreements, with Bargaining Units for City Contributions towards Deferred Compensation from the 457(b) Plan to the 401(a) Plan.
Attachments: 1. 401(a) Adoption Agreement, 2. 401(a) Administrative Services Agreement, 3. Additional 401(a) Plan setup documents from Nationwide, 4. Side Letter Agreement with the Santa Clara Firefighters, IAFF Local 1171 (Unit 1) on 401(a), 5. Side Letter Agreement with the Unclassified Police Management Association (Unit 9A) on 401(a), 6. Side Letter Agreement with the Unclassified Miscellaneous Management Employees (Unit 9) on 401(a)
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REPORT TO COUNCIL

SUBJECT
Title
Approve the Implementation of a Section 401(a) Deferred Compensation Plan, and Authorize the City Manager to Execute All Plan Documents to Implement the Section 401(a) Deferred Compensation Plan, and Authorize the City Manager to Execute Side Letter Agreements, and Execute Any Future Side Letter Agreements, with Bargaining Units for City Contributions towards Deferred Compensation from the 457(b) Plan to the 401(a) Plan.

Report
BACKGROUND
The City established a deferred compensation retirement plan (hereafter, "Plan") and authorized a deferral of a portion of employee compensation to be contributed to the plan and invested in an Internal Revenue Service (IRS) approved plan. The plan was established under Section 457(b) (hereafter, "457(b) plan") of the Internal Revenue Code of 1986, as amended. Through the labor negotiation process, the City agreed with multiple bargaining units to make contributions towards their represented employees' deferred compensation retirement accounts. Those City contributions were deposited in the employees' 457(b) deferred compensation retirement accounts. Recently, there was interest in the creation of a Section 401(a) deferred compensation retirement account (hereafter, "401(a) plan") in which the City would make employer contributions to certain of its employees' 401(a) deferred compensation retirement accounts to allow employees to maximize their contributions to the 457(b) deferred compensation retirement account. The City has since reached agreement with several bargaining units to have the City's contributions go into the 401(a) deferred compensation account.

DISCUSSION
On or about November 21, 2024, the Deferred Compensation Advisory Committee recommended to the City Manager that the City adopt a Section 401(a) deferred compensation retirement plan and authorized the City Manager to execute all required Plan documents upon aligning terms with the City's existing Section 457(b) deferred c...

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