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HomeMy WebLinkAbout1992-38 - Restatement of Current City Pension PlanB ILL NO. `~,.~ ~~~ ORDINANCE NO. ~-~8 AN ORDINANCE AUTHORIZING THE RESTATF_AAENT OF THE CURRENT CITY OF RIVERSIDE PENSION PLAN ON TO THE UNITED MISSOURI BANK PROTOTYPE PLAN DOCUMENT, AND WHICH AUTHORIZF_S BETTY BURCH, AS MAYOR, TO SIGN AND DATE THE ADOPTION AGREEMENT ON BEHALF OF THE CITY. BE IT ORDAINED BY THE BOARD OF ALDEIt~°~1EN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. That the current City of Riverside Pension Plan document be restated on to the United Missouri Bank prototype plan document and by this ordinance adopt the United Missouri Bank prototype plan document for the City of Riverside Pension Plan. SECTION 2_. Betty Burch, as Mayor, is authorized to sign and date the adoption agreement on behalf of the City. SECTION 3. All Riverside, Missouri repealed and amended Clerk is directed ordinance into the a~ PASSED "CHIS ~' %~ provisions of the code of the City of which are inconsistent herewith are to conform with this ordinance. The City to incorporate the provisions of this >propriate sections of the City Code. DAY OF i t ~, ~ ° 1 99 2 . /~ "/IAYOR .ATTEST: ,~ ,. CITY CLERK APPROVED THI S ~ ; , DAY OF _~ %r %". 1992. ~~~_ r" ------------------=- 1.1AYOR X72-ti51R 3901 UNITED MISSOURI BANK DEFINED CONTRIBUTION PLAN AND TRUST ADOPTION AGREEMENT CREATING A PROFIT SHARING PLAN AND TRUST (NONSTANDARDI2ED FORM) Adoption Agreement Plan Number 001 I.R.S. Serial No. D345327a The undersigned Employer by its execution hereof adopts the United Missouri Bank Defined Contribution Pian and Trust Basic Plan Document, expressly incorporates the same herein, and agrees to be bound by its terms and conditions including and subject to this Adoption Agreement and the elections herein specified. The Trustee, by its execution hereof, accepts this Trust by joining in the execution of this Agreement, agrees to accept and perform the duties and obligations imposed on the holder of such office under this Agreement, and related laws and regulations. The telephone number of United Missouri Bank of Kansas City, n.a., the Sponsor of this Plan, is (616) 556-7474. United Missouri Bank of Kansas City, n.a., will inform the Employer o1 any amendments to the Pian or the discontinuance or abandonment of the Plan. Failure to properly complete the Adoption Agreement may result in disqualification of the Plan. STATUS OF PLAN (Check one of the following.): ^ This is a new Plan. ^ This is an amendment to a prior adoption agreement related to the above-identified Pian. The effective date of the amendment is 19-. L~ This Plan is established as a restatement of an existing profit sharing plan. The effective date of the restated Plan is July 1 , 19~?$.. - ,. The following specifications, terms, provisions and conditions shall constitute provisions of the undersigned Employer's Plan and Trust as though set forth in their entirety therein: 1. NAME OF PLAN AND TRUST Citv of Riverside Missouri Retiremen avi ng~ ~'glit~kaco[gtPlan and Trust Name of Employer 2. EMPLOYER Name: City of Riverside, Missouri Address (to which communications are to be sent): P.O. Box 9135 Riversid MO 64168 No. 8 Street and!or P.O. Box No. City State Zip 3. AGENT FOR SERVICE OF LEGAL PROCESS (It other than Employer) Name: Same Address (to which communications are to be sent): No. 8 Street and or P.O. Box No. 4. PLAN ADMINISTRATOR (It other than Employer) Name: (See Plan Section 2.22) Address No. & Street and~or P.O. Box No. 5. TAX IDENTIFICATION NUMBER The Employer's Federal Tax Identification Number is 44-600 City State Zip City State Zip 6. SERIAL NUMBER The Serial Number assigned to this Plan by the Employer is 001 NOTE: This is a 3-digit number, e.g., "001", assigned to each employee benefit plan by the Employer. (If this Is the Employer's only plan, an appropriate number would be "001".) 001-1 7. PLAN YEAR The Plan Year shall be: (Specify one.) ^ The twelve-consecutive month period which coincides with the Employer's Federal tax year, and which currently ends on ~ The twelve-consecutive month period commencing on July 1 and each anniversary thereof. 8. EFFECTIVE DATE The Effective Date (first day of the first Plan Year above specified) is July 1 1g ~, NOTE: ti this is an amendment to a prior Adoption Agreement or a restatement of a prior plan, do not change the original Effective Date. If this is a new plan, the Effective Date is the first day of the first Plan Year. 9. ELIGIBILITY FOR PARTICIPATION Pursuant to the provisions of Article 3 of the Pian, each Employee shall commence participation as of the Entry Date coincident with or next following his satisfaction of the classification, age and continuous employment requirements specified in this item: A. ELIGIBLE CLASS OF EMPLOYEES The Eligible Class of Employees shall be: (Specify one.) ~ All Employees. ^ All Employees except bargaining unit Employees.' ^ All hourly-paid Employees. ^ All hourly-paid Employees except bargaining unit Employees.' ^ All salaried Employees. ^ All salaried Employees except bargaining unit Employees.' ^ Other: CAVEAT: An election that excludes any classification of Employees (other than bargaining unR Employees') may result in prohibited discrimination and possible disqualification of the Plan. The Employer's legal counsel should be consulted prior to exercising such election. ' Bargaining unit Employees may be excluded ONLYrf such Employees are included in a unit of Employees covered by a collective bargaining agreement between the Employer and Employee representatives and there is evidence that retirement benefits were the subject of good faith bargaining. For this purpose, the term "Employee representatives" does not include any organization more than half of whose members are Employees who are owners, officers, or executives of the Employer. For the purpose of this item, the term "Employee" shall include all Employees of this Employer or of any employer aggregated with this Employer under Code Section 414(b), (c), or (m) and individuals required to tie considered Employees of any such Employer under Code Section 414(n). B. AGE REQUIREMENT (Specify one.) ~ Attainment of age __2~ (Not to exceed age 21). ^ There shall be no minimum age requirement. C. SERVICE REQUIREMENT (1) For Plan Years beginning prior to January 1. 1989. The required period shall be 6 ~xo~nXhs (NOTE: M no service period is to be required, enter "0".) If the Plan provides for less than 100°~a vesting upon completion of three Years of Service on any type of contribution account for plan years beginning prior to January 1, 1989 (see item 23), the required period of service may not exceed one year. In all other cases, the required period of service may not exceed three years. if the Year(s) of Service selected is or includes a fractional year, an Employee will not be required to complete any specified number of Hours of Service to receive credit for such fractional year. y 001-2 (2) For Plan Years beginning on or after January 1, 1989. months The required period of service shall be 6 ~&~tkK (NOTE: M no service period is to be required, enter "0".) If the Plan provides for Elective Deferral (401(k) contributions see item 12A) or if the Plan provides for less than 100°.0 vesting upon completion of two Years of Service in any type of contribution account for plan years beginning on or after January 1, 1989 (see item 23), the required period of service may not exceed one year. In all other cases, the required period of service may not exceed two years. If the Year(s) of Service selected is or includes a fractional year, an Employee will not be required to complete any specified number of Hours of Service to receive credit for such tractional year. 10. SERVICE WITH PREDECESSOR TO EMPLOYER ESTABLISHING THE PLAN Service with a predecessor to the Employer establishing this Plan shall be credited to the extent specified in this item: (Specify one.) ~ There is no predecessor to the Employer. ^ Service with any predecessor to the Employer whose plan is initially established hereunder shall be disregarded in calculating Years of Service for all purposes of the Plan. ^ Service with any predecessor to the Employer whose plan is initially established hereunder shall be treated as service with the Employer in calculating Years of Service for all purposes of the Plan. 11. COMPENSATION Compensation, with respect to all Participants who are not Self-Employed individuals, shall mean all: (Specify one.) ^ W-2 earnings for the taxable year ending with or within the Plan Year IB Compensation (as that term is defined in Code section 415 (c)(3)) for the Limitation Year ending with or within the Plan Year which is actually paid to or for the benefit of each Participant for: (Specify one.) That portion of the Plan Year during which he is a Participant. ^ The entire Plan Year. Unless an integrated allocation formula is specified later in this Adoption Agreement, the Employer may, by checking one or more of the following items, exclude such item (s) from compensation: ^ Overtime. ~ Bonuses. ^ Commissions. ^ Other: Compensation shall include any amount which is contributed by the Employer pursuant to a salary deferral agreement in accordance with Code Section 401(k) and any amount which is not includable in the gross income of the Employee under Code Sections 125, 402(a)(8), 402(h) or 403(b). For any Seli-Employed Individuals, Compensation means Earned Income as defined in Section 2.6 of the Plan. 12. EMPLOYER CONTRIBUTIONS A. EMPLOYER CONTRIBUTIONS -ELECTIVE DEFERRALS Elective Deferral contributions to be allocated to Employer Contribution Accounts -Elective Deferrals, as provided for e~ Sections 5.1 and 5.2 of the Plan: (Specify one.) ^ Shall not be permitted. ~ Shall be permitted. The total amount of elective deferral contributions for each Plan Year on behalf of each Participant shall not exceed 15 % (specify a percentage no greater than 15°ro) of such Participant's Compensation for that Plan Year. B. EMPLOYER CONTRIBUTIONS -QUALIFIED NONELECTIVE (1) CONTRIBUTION FORMULA. Employer Qualified Nonelective Contributions to be allocated to Employer Contribution Accounts - Oualified Nonetective pursuant to the provisions of Section 6.2 of the Plan shall be in the following amount(s): (Specify one.) 001-3 ^ No Qualified Nonelective Contributions shall be made. ® As the Employer shall determine each year. ^ Equal to % of its Net Earnings for each year. ^ Other: In no case, however, shall the Employer be required to contribute an amount for any plan year in excess of the maximum amount which would be deductible as a contribution hereunder for each Plan Year under the applicable provisions of Code Section 404. (2) ELIGIBILITY TO SHARE IN QUALIFIED NONELECTIVE CONTRIBUTIONS. (a) Employment on the Last Day of Plan Year Requirement. Subject to all other provisions of the Plan, each Participant, in order to share in the Employer's Qualified Nonelective Contribution, if any, with respect to the Plan Year: (Specify one.) ® Must be an Employee included in an Eligible Class of Employees on the last day of any relevant Plan Year. ^ Is not required to be an Employee included in an Eligible Class of Employees on the last day of any relevant Plan Year. CAVEAT: The Internal Revenue Service has advised that an election as provided in the first option above may result in prohibited discrimination and possible disqualification of the Plan. The Employer's counsel should be consulted prior to exercising such option. (b) Hours of Service Requirement. Subject to all other provisions of the Plan, each Participant, in order to share in the Employer's Qualified Nonelective Contribution, if any, with respect to the Plan Year: (Specify one.) ® Shall not be required to complete any minimum Hours of Service. ^ Must have completed (not to exceed 1,000) Hours of Service during any relevant Plan Year. C. EMPLOYER CONTRIBUTIONS -QUALIFIED MATCHING (1) CONTRIBUTION FORMULA. Employer Qualified Matching Contributions to be albcated to Employer Contributions Accounts -Qualified Matching pursuant to the provisions of Section 6.2 of the Plan shall be in the following amount(s): (Specify one.) ^ No Qualified Matching Contributions shall be made. ~ As the Employer shall determine each year, to be allocated in the ratio which each eligible Participant's Elective Deferrals for the Plan Year bears to the total Elective Deferrals of all such eligible Participants, but the amount so allocated to any Participant shall not exceed f i va percent ( 5 %) of the Participant's Compensation for the Plan Year. ^ For each Plan Year, the Employer shall contribute an amount equal to % (e.g., 25%, 50%, 75°ro, 100%) of the Elective Deferrals made by the Employer on behalf of each eligible Participant, but nct to exceed percent ( %) of the Participant's Compensation for the Plan Year. ^ For each Plan Year, the Employer shall contribute an amount equal to percent ( °i°) (e g., 25°~0, 50%, 75°~0, 100%) of the Elective Deferrals not in excess of $ made by the Employer on behalf of each eligible Participant, plus an amount equal to percent ( %) (e.g., 25%, 50°ib, 75°~b, 100%) of the Elective Deferrals in excess of $ (enter the same dollar amount as entered immediately above) made by the Employer on behalf of each eligible Participant; provided, however, that the total amount on behalf of each eligible Participant shall not exceed percent ( %) of the Participant's Compensation for the Plan Year. (2) ELIGIBILITY TO SHARE IN QUALIFIED MATCHING CONTRIBUTIONS. (a) Employment on the Last Day of Plan Year Requirement. Subject to all other provisions of the Plan, each Participant, in order to share in the Employer's Qualified Matching Contribution, if any, with respect to the Plan Year: (Specify one.) 001-4 ~ Must be an Employee included in an Eligible Class of Employees on the last day of any relevant Plan Year. ^ Is not required to be an Employee included in an Eligible Class of Employees on the last day of any relevant Plan Year. CAVEAT: The Internal Revenue Service has advised that an election as provided in the first option above may result in prohibited discrimination and possible disqualification of the Plan. The Employer's counsel should be consulted prior to exercising such option. (b) Hours of Service Requirement. Subject to all other provisions of the Plan, each Participant, in order to share in the Employer's Qualified Matching Contribution, ii any, with respect to the Plan Year: (Specify one.) ~ Shall not be required to complete any minimum Hours of Service. ^ Must have completed (not to exceed 1,000) Hours of Service during any relevant Plan Year. D. EMPLOYER CONTRIBUTIONS -MATCHING (1) CONTRIBUTION FORMULA. Employer Matching Contributions to be allocated to Employer Contribution Accounts -Matching.. pursuant to the provisions of Section 6.2 of the Plan shall be in the following amount(s): (Specify one.) ^ No Matching Contributions shall be made. ® As the Employer shall determine each year, to be allocated in the ratio which each eligible Participants Elective Deferrals for the Plan Year bears to the total Elective Deferrals of all such eligible Participants, but the amount so allocated to any Participant shall nat exceed ten percent ( 1 ~ %) of the Participant's Compensation for the Plan Year. ^ For each Plan Year, the Employer shall contribute an amount equal to % (e.g., 25°0, 50°ib, 75°~0. 100%) of the Elective Deferrals made by the Employer on behalf of each eligible Participant, but not to exceed percent ( %) of the Participant's Compensation for the Plan Year. ^ For each Plan Year, the Employer shall contribute an amount equal to percent ( °r°) (e.g., 25°k, 50°~0, 75°~0, 100°~a) of the Elective Deferrals not in excess of $ made by the Employer on behalf of each eligible Participant, plus an amount equal to percent ( %) (e.g.. 25°r°, 50%, 75 %o, 100%) of the Elective Deferrals in excess of $ (enter the same dollar amount as entered immediately above) made by the Employer on behalf of each eligible Participant; provided, however, that the total amount on behalf of each eligible Participant shall not exceed percent ( %) of the Participants Compensation for the Plan Year. (2) ELIGIBILITY TO SHARE IN MATCHING CONTRIBUTIONS AND REALLOCATION OF FORFEITURES. (a) Employment on the Last Day of Plan Year Requirement. Subject to all other provisions of the Plan, each Participant, in order to share in the Employer's Matching Contribution and or in the reallocation of the Employer Contribution-Matching forfeitures, if any, with respect to the Plan Year: (Specify one.) ~ Must be an Employee included in an Eligible Class at Employees on the last day of any relevant Plan Year. ^ Is not required to be an Employee included in an Eligible Class of Employees on the last day of any relevant Plan Year. CAVEAT: The Internal Revenue Service has advised that an election as provided in the first option above may result in prohibited discrimination and possible disqualification of the Plan. The Employer's counsel should be consulted prior to exercising such option. (b) Hours of Service Requirement Subject to all other provisions of the Plan, each Participant, in order to share in the Employer's Matching Contribution and or the reallocation of the forfeitures, if any, with respect to the Plan Year: (Specify one.) G Shall not be required to complete any minimum Hours of Service. G Must have completed (not to exceed 1,000) Hours of Service during any relevant Plan Year. 001-5 E. EMPLOYER CONTRIBUTIONS -REGULAR (1) Employer Regular Contributions to be allocated to Employer Contribution Accounts -Regular, pursuant to the provisions of Section 6.2 of the Plan shall be in the following amount(s): (Specify one.) ® As the Employer shall determine each year. ^ Equal to % of the Employer's Net Earnings for each Year. ^ Other: _ (2) ELIGIBILITY TO SHARE IN EMPLOYER REGULAR CONTRIBUTIONS AND REALLOCATION OF FORFEITURES. (a) Employment on the Last Day of Plan Year Requirement. Subject to all other provisions of the Plan, each Participant, in order to share in the Employer Regular Contribution and!or in the reallocation of Employer Contribution-Regular forfeitures, if any, with respect to the Plan Year: (Specify one. ) Must be an Employee included in an Eligible Class of Employees on the last day of any relevant Plan Year. ^ Is not required to be an Employee included in an Eligible Class of Employees on the last day of any relevant Plan Year. CAVEAT: The Internal Revenue Service has advised that an election as provided In the first option above may result in prohibited discrimination and possible disqualification of the Plan. The Employer's counsel should be consulted prior to exercising such option. (b) Hours of Service Requirement. Subject to all other provisions of the Plan, each Participant, in order to share in the Employer Regular Contribution and~or in the reallocation of forfeitures, if any, with respect to the Plan Year: (Specify one.) ~ Shall not be required to complete any minimum Hours of Service. ^ Must have completed (not to exceed 1,000) Hours of Service during any relevant Plan Year. (c) Allocation Formula ($ (1) Nonintegrated Formula Subject to the top-heavy minimum allocation requirement of Section 18.3 of the Plan, the Employer Regular Contribution and forfeitures (ii any) to be allocated for each Plan Year, as so determined, shall be allocated, as of the last day of the Plan Year with respect to which it is made, to the Employer Contribution Account - Regular of each Participant who is eligible to participate in the Employer Regular Contribution and the reallocation of forfeitures for such Plan Year, in the ratio which his Compensation bears to the total Compensation of all Participants who are eligible to participate in the Employer Regular Contribution and the reallocation of forfeitures for such Plan Year. ^ (2) Integrated Formula (CAUTION! Where an Employer maintains more than one qualified retirement plan, only one such plan may t>e Integrated with Social Security.) Compensation shall mean Compensation as defined in Section 2.4 of the Plan. For Plan Years beginning prior to January 1, 7989: Subject to the top-heavy minimum allocation requirement of Section 18.3 of the Plan, the Employer Regular Contribution as so determined, plus forfeitures, N any, shall be allocated to each eligible Participant's respective Employer Contribution Account -Regular in accordance with the following procedures as applicable: (a) First, subject to the Annual Addition limitations of the Plan -the contributions and lorteitures will be allocated to each eligible Participant's Employer Contribution Account - Regular in the ratio that each Participant's Compensation for the Plan Year in excess of the Integration Level bears to the total excess Compensation of all Participants, provided that the amount credited to any Participant's Employer Contribution Account -Regular for the Plan Year does not exceed the product of the percentage determined as follows: ^ OASDI Tax Rate ^ % (If this box is checked, insert in the blank space any percentage figure not in excess of the OASDI Tax Rate.) 001-6 times the Participant's Compensation in excess of the Integration Level determined as follows: ^ Taxable Wage Base, or ^ $ (It this box is checked, insert in the blank space any amount not in excess of the Taxable Wage Base.) (b) Next, any remaining portion of the Employer Regular Contribution and forfeitures will be allocated to all eligible Participants (whether or not they received an allocation under the preceding subparagraph) in the ratio that each eligible Participants Compensation for the Pian Year bears to all eligible Participant Compensation for that Plan Year. Both the Taxable Wage Base and the OASDI Tax Rate are those in effect on the first day of the relevant Plan Year. For Plan Years beginning on or after January 1, 1989: Subject to the top-heavy minimum allocation requirement of Section 18.3 of the Plan, the Employer Regular Contribution as so determined, plus forfeitures, if any, shall be allocated to each eligible Participant's respective Employer Contribution Account -Regular in accordance with the following procedures as applicable: (a) First, subject to the Annual Addition limitations of the Plan, the contributions and forfeitures will be allocated to each eligible Participants Employer Contribution Account -Regular in the ratio that the sum of each such Participant's Compensation for the Plan Year plus the Participant's Compensation for the Plan Year in excess of the Integration Level bears to the sum of the Compensation plus the excess Compensation of all eligible Participants, provided that the amount credited to any Participant's Employer Contribution Account -Regular for the Plan Year does not exceed the product of the sum of the Participant's Compensation plus the Participant's Compensation in excess of the Integration Level, such Integration Level determined as follows: ^ Taxable Wage Base ^ % of Taxable Wage Base (not to exceed 100%) ^ The greater of $10,000 or 20% of the Taxable Wage Base ^ $ (If this box is checked, insert any amount not in excess of the Taxable Wage Base) times the percentage determined as follows: ^ Tax Rate under Code Section 3111(a) attributable to old age insurance. Caution! This box can t>e checked only ii the Integration Level has been determined to the the Taxable Wage Base, the greater of 510,000 or 20% of the Taxable Wage Base, or an amount which does not exceed the greater of 510,000 or 20% of the Taxable Wage Base.) ^ % (If this box is checked, enter any percentage not in excess of whichever of the following is applicable): The Maximum If the Integration Level % is (i) equals the Taxable Wage Base 5.7% (ii) does not exceed the greater of $10,000 or 20% of the Taxable Wage Base 5.7°i° (iii) is more than 80°r° of the Taxable Wage Base but is less than 100°r; 01 the Taxable Wage Base 5.4°~b (iv) is more than the greater of $10,000 or 20% of the Taxable Wage Base but does not exceed 80°ro of the Taxable Wage Base 4.3% (b) Next, any remaining portion of the Employer Regular Contribution and forfeitures will be allocated to all eligible Participants (whether or not they received an allocation under the preceding subparagraph) in the ratio that each eligible Participant's Compensation for the Plan Year bears to all eligible Participants Compensation for that Plan Year. Both the Taxable Wage Base and the Tax Rate under Code Section 3111(a) are those in effect on the first day of the relevant Plan Year. 001-7 (3) MINIMUM ALLOCATION ELECTION FOR EMPLOYERS MAINTAINING MORE THAN ONE PLAN. With respect to any Plan Year for which the Plan is a Top-Heavy Plan, notwithstanding the minimum allocation requirements set forth at Section 18.3 of the Plan, such requirements shall have no application to this Plan ii the Employer indicates below that such requirements are met, as to all Participants in this Plan, with respect to another plan maintained by the Empoyer. (Name of Other Plan) 13. EMPLOYEE NONDEDUCTIBLE VOLUNTARY CONTRIBUTIONS Employee nondeductible voluntary contributions, as provided in Section 5.6 of the Plan: ^ Shall be permitted (Contributions are subject to the Average Contribution Percentage test described in Article 20 of the Plan). ® Shall not be permitted. 14. INDIVIDUALLY DIRECTED ACCOUNT -SPECIAL A. (i) The election to direct the Trustee to establish for his benefit an Individually Directed Account -Special pursuant to the provisions of Section 8.1 of the Plan shall: (Specify one.) ~ Not be exercisable by any Participant. ^ Be required for all Participants. (ii) The Investment Funds designated by the Employer in accordance with Section 8.1 of the Plan shall be: (Caution! The Investment Funds designated may limit the available choices for Valuation Date in Item 14.B below.) B. In the case of an Individually Directed Account -Special, Valuation Date shall mean: ~I Not Applicable. The election to establish Individually Directed Accounts is not exercisable by any Participant. ^ The last business day of each Plan Year and the last business day of each quarter -annual period corresponding to the Plan Year and such other dates as may be appropriate for the purposes of administration of the Account. ^ The last business day of each Plan Year and the last business day of each monthly period corresponding to the Plan Year and such other dates as may be appropriate for the purposes of administration of the Account. ^ Each business day of the Plan Year. 15. INDIVIDUALLY DIRECTED ACCOUNT -GENERAL The election to direct the Trustee to establish for his benefit an Individually Directed Account -General pursuant to the provisions of Section 8.2 of the Plan shall: (Specify one.) ~ Not be exercisable by any Participant. ^ Be exercisable by all Participants. ^ Be exercisable by any Participant only upon attainment of a fully vested interest in the value of all of his Employer Contribution Account(s) pursuant to the vesting schedules in Item 23 of the Adoption Agreement. 16. LOANS The loan provisions as set forth in Article 16 of the Plan: (Specify one.) ^ Shall be applicable. Shall not be applicable. 17. LIFE INSURANCE The lice insurance provisions as set forth in Article 7 of the Plan: (Specify one.) ^ Shall be applicable. ~~ Shall not be applicable. 001-8 1&. WITHDRAWALS OF ELECTIVE DEFERRALS WRhdrawals of Elective Deferrals in accordance with Section 9.17 are: (Specify either the first box, second box, third box, or both the second and third boxes.) ~' Not authorized. ^ Authorized upon the Participants attaining age 59 Va. ^ Authorized upon the Participant's event of hardship. 19. WITHDRAWALS OF NONDEDUCTIBLE VOLUNTARY CONTRIBUTIONS Withdrawals of Nondeductible Voluntary Contributions in accordance with Section 9.18 are: ~ Not Authorized. ^ Authorized. 20. WITHDRAWALS OF DEDUCTIBLE VOLUNTARY CONTRIBUTIONS Withdrawals of Deductible Voluntary Contributions in accordance with Section 9.19 are: Not Authorized. ^ Authorized. 21. WITHDRAWALS FROM THE ROLLOVER ACCOUNT AND FROM THE DIRECT TRANSFER ACCOUNT - OTHER EMPLOYER Withdrawals from the Rollover Account and from the Direct Transfer Account -Other Em to are: Not Authorized. ^ Authorized. p yer m accordance with Section 9.20 22. HOURS OF SERVICE Hours of Service shall be determined on the basis of the method selected below. The method selected shall be applied to all Employees covered under the Plan: (Specify one.) On the basis o1 actual hours for which an Employee is paid or entitled to payment. ^ On the basis of days worked: An Employee shall be credited with ten (10) Hours of Service ii, under Section 2.15 of the Plan, such Employee would be credited with at least one (1) Hour o1 Service during the day. ^ On the basis of weeks worked: An Employee shall be credited with forty-five (45) Hours of Service i1, under Section 2.15 of the Plan, such Employee would be credited with one (1) Hour of Service during the week. ^ On the basis o1 semi-monthly payroll periods: An Employee shall be credited with ninety-five (95) Hours of Service ii, under Section 2.15 of the Plan, such Employee would be credited with at least one (1) Hour of Service during the semi-monthly payroll period. ^ On the basis of months worked: An Employee shall be credited with one hundred ninety (190) Hours of Service if, under Section 2.15 of the Plan, such Employee would be credited with at least one (1) Hour of Service during the month. 23. VESTING FORMULA A. VESTING SCHEDULES -EMPLOYER CONTRIBUTION ACCOUNT • REGULAR For determining under Section 9.4 of the Plan, the vested percentage of the Employer Contribution Account -Regular of a Participant who terminates employment for a reason other than retirement, disability or death, the following formula shall apply: (1) With respect to any Plan Year for which the Plan is a Top-Heavy Plan, (Specify one.) ^ Immediate full vesting D 3-year cliff vesting (0°° through 2 years of service, 100°~a at 3 years of service). ~' Graded vesting. 001-9 Years of Service Nonforfeitable Percentages 1 20 °~ 2 40 °,6(not less than 20%) 3 60 %(not less than 40%) 4 80 %(not less than 60%) 5 100 °k(not less than BO°r;) 6 or more 100% H the vesting schedule under the Plan shifts from or to the above schedule for any Plan Year, because of a change in the Top-Heavy status of the Plan, such change is an amendment to the vesting schedule and the election in Section 14.3 of the Plan applies. (2) With respect to any Plan Year beginning prior to January 1, 1989 for which the Plan is NOT atop-Heavy Plan, (Specify one.) ^ Immediate full vesting ^ Graded vesting. Years of Service Nonforfeitable Percentages 1 2 3 °i° 4 5 %(not less than 25%) 6 °k(not less than 30°ii,) 7 °k(not less than 35%) 8 °k(not less than 40%) 9 °~6(not less than 45%) 10 °h(not less than 50%) 11 °h(not less than 60°i°) 12 °~(not less than 70°r°) 13 °k(not less than BO%) 14 °k(not less than 90%) 15 100°ib (3) With respect to any Plan Year beginning on or after January 1, 1989 for which the Plan is NOT atop-Heavy Plan, (Specify one.) Immediate full vesting. C 5 year cliff vesting (0°i° through 4 years of service, 100°rb et five years o1 service). ~ Graded vesting. Years of Service 1 2 3 4 5 6 7 Nonforieitable Percentages 20 °„ 40 °,~ 60 %(not Tess man 20%) 80 °,6(not less than 40°i°) 100 °k(not less than 60°i°) %(not less than 80°0) 100°0 B. VESTING SCHEDULES -EMPLOYER CONTRIBUTION ACCOUNT -MATCHING For determining under Section 9.4 of the Plan, the vested percentage of the Employer Contribution Account • Matching of a Participant who terminates employment for a reason other than retirement, disability or death, the following lormula shall apply: (1) With respect to any Plan Year for which the Plan is a Top-Heavy Plan, (Specify one.) ^ Immediate full vesting. 3-year cliff vesting (0°~° through 2 years of service, 100°i° at 3 years of service). ~ Graded vesting. 001-10 Noniorieitable Percentages Years of Service 20 0~ 1 40 °a(not less than 20°i°) 2 60 °h(not less than 40%) 3 80 °k(not less man 60°rc) 4 100 °,y(not less than BO°~°) 5 6 or more 1D0°'° H the vesting schedule under the Plan shifts from or to me above schedule for any Plan Year, because of a chant in the Top-Heavy status of the Plan, such change is an amendment to the vesting schedule and the election in Sectic 14.3 of the Plan applies. (2) With respect to any Plan Year beginning prior to January 1, 1989 for which the Plan is NOT a Top•Heavy Plan, (Specify one.) ^ Immediate full vesting. ^ Graded vesting. Years of Service Noniorteitable Percentages 1 2 % 3 4 °~(not less than 25°i°) 5 %(not less than 30°~0) 6 °~(not less than 35°~0) 7 °~6(not less than 40%) 6 _ /°(not less man 45%) 9 ~ °i°(not less than 50°~0) 10 °~(not less than 60°~0) t 1 °~(not less man 70°~b) 12 °k(not less than 80°~a) 13 %(not less than 90°~°) 14 15 100°io Plan Year beginning on or after January 1, t989 for which the Plan is NOT aTop-Heavy Plan (3) With respect to any (Specify one.) ^ Immediate Lull vesting. ^ 5-year cliff vesting (0°~o through 4 years of service, 100°~o at five years o1 service). ~ Graded vesting. Years of Service 1 2 3 4 5 6 7 Noniorleitable Percentages ~_% 40 °~o 60 _°k(not less than 20°~0) 80 _°k(not less man a0°~o) 100 _%(not less than 60°i°) %(not less than 80°~0) 100°~i: C. YEARS OF SERVICE For purposes of calculating Years of Service in accordance with the foregoing vesting schedules, all completed Vea~ Service shall be taken into account except the following: (Specify one, both or none.) p All service before age 1B. ^ Years of Service with the Employer during any period for which the Employer did not maintain this Plan or a predece plan (as defined by the Secretary of Treasury). For purposes of determining Vears of Service and Breaks in Service for purposes of computing a Panicipanfs nonfortei right to his Employer Contribution Account, me twelve-mornh period shall be the Plan Year. 001-11 24. NORMAL RETIREMENT DATE The Normal Retirement Date for all Participants hereunder shall be: (Specify one.) ® The date on which a Participant ariains his 65th tHrthday. (Do not specify a birthday earlier than the 55th or later than the 65th.) ^ The later oi: l (a) The date on which the Participant attains his birthday (Do not specify a birthday earlier than the 55th or later J than the 65tH, or (b) The (not to exceed 5th) anniversary of his participation commencement date. 25. LIMITATION ON ALLOCATIONS A. LIMITATION YEAR If the Limitation Year is other than the Plan Year, the last day of that twelve-month period is B. LIMITATION ON ALLOCATIONS-MORE THAN ONE PLAN NOTE: Complete this kem only H the Employer malntalns or at any time maintained any other qualHied plan (other than paired plan No. 003) in whleh any Participant in the Employer's Plan is (or was) a participant or could possibly become a participant. H the Employer maintains another plan, failure to complete this kem may adversely affect the qualification of the plan k maintains. The Employer must also complete this Section if k maintains a welfare benefit fund, ac defined In Code Section 41la(e), or sn Individusl rnediul account, es defined In Code Section 415(1)(2), under which amounts arc 4roated as annual additions wkh respect to any Participant in the Plan. (1) It the Employer maintains or ever maintained any other qualified defined contribution plan which is (or was) not a Master or Prototype Plan, Annual Additions which may be credited to any Participant's account(s) under this Plan for any Limitation Year will be limited as follows: ^ In accordance with Section 19.2 of the Plan. ^ Other method of limiting Annual Additions: (Describe below. The method selected must preclude Employer discretion.) (2) If the Employer maintains, or at any time maintained, one or more qualified defined benefit plans, the sum of the Delined Contribution Fraction and the Defined Benefit Fraction with respect to any Participant for a Limitation Year may not exceed the fraction specified in Code Section 415(e). H the Employer maintains or maintained such plans, the limitation will be met as follows: 26. PRESENT VALUE NOTE: Complete this kem only H Employer also maintains a defined benefit plan. (Information required for completion 01 the blanks below must be taken from the defined benefk plsn and un be provided by the plan's actuary. All plans of the Employer must use the same present value assumptions for the purpose of computing the Top-Heavy Ratio.) For purposes of establishing Present Value to compute the Top•Heavy Ratio in accordance with Section 18.2, any accrued benefit under the Employer's defined benefit plan shall be discounted only for mortality and interest based on the following. Interest rate % Mortality table 27. ELECTION TO EXCLUDE GENERAL APPLICATION OF JOINT AND SURVIVOR ANNUITY REQUIREMENTS TO CERTAIN PROFIT SHARING PLANS NOTE: Read Section 10.6 of the Plan before completing this kem. Section 10.6 of the Plan: !~ Shall apply (The Plan will not otter annuity forms o1 benefit distribution). ` ^ Shall NOT apply (The Plan will otter annuity Corms of benefit distribution). J 001-12 4: Internal Revenue Service Department of the Treasury -lan Description: Prototype Non-standardized Profit Sharing Plan with CODA FFN: 50357234201-001 Case: 8904543 EIM: 44-0201230 BPD: 0l Plan: OOI Letter Serial No: D345327a Washington. DG 20224 United Missouri Bank of Kansas City MA Person to Contactpr. Nestry Teiepnone Numoe4202) 535-4972 1011 Grand Avenue P 0 box 419226 Reter Repry to. E:EP:0:4 Kansas Cit}~ MO 64141 Date 04/05/90 Dear Applicant: In our opinion, the fern of the plan identified above is acceptable under section 401 of the internal Reveroie Code for use by employers for Lhe benefit of their employees. This opinion relates only to the acceptability of the form of the plan under the Internal Revenue Code. It is not an opinion of the effect of other Federal or local statutes. V'ou oust furnish a copy of this letter to each employer who adopts this plan. You are also required to send a copy of the approved fore of the plan, any approved amendments and related documents to each Key District Director of Internal Revenue Service in whose jurisdiction there are adopting employers. Our opinion on the acceptability of the fora of the plan is not a ruling or determination as to whether an employer's plan qualifies under Code section 401(a). Therefore, an employer adopting the fore of the plan should apply for a determination letter by filing an application with the Key District Director of internal Revenue Service on Forn 5307, Short Form Applic- ation for Determination for Enploy~ee Benefit Plan. If you, the plan sponsor, have any questions concerning the IRS processing of this case, please call the above telephone number. This number is only for use of the plan sponsor. Individual participants and/or adopting employers with questions concerning the plan should contact the plan sponsor. The plan's adoption agreement oust include the sponsor's address and telephone number for inquiries by adopting employers. if you write to the IRS regarding this plan, please provide your telephone number and the host convenient tine for us to call in case we need more information. Whether you call or write, please refer to the letter Serial Number and File Folder I:unber shown in the heading of this letter. You should keep this letter as a permanent record. Please notify us if you odify or discontinue sponsorship of this plan. Sincerely yours, /' Chief, Employee Plan ualifications Eranch The Employer: (i) Agrees that, whenever it is required that information be filed with the Internal Revenue Service or Department of Labor by the Trustee unless filed by the Employer, the Employer will file such information, or cause such information to be filed; (ii) Represents that it has consulted with counsel of its choice with respect to its adoption of this Plan, and that such adoption has been duly authorized; and (iii) Understands that it may not rely on an opinion letter issued by the National Office of the Internal Revenue Service as evidence that the Plan is qualified under Section 401 of the Code. In order to obtain reliance with respect to qualification of this Plan, the Employer must apply to the appropriate key district office for a determination letter. This Adoption Agreement may be used only in conjunction with Basic Plan Document No. O1. This agreement shall be effective upon execution by the Employer and acceptance by the Trustee, and, if applicable, acceptance by the Plan Administrator. / I WITNESS WHEREOF' 19e ~m~loyer has executed this Adoption Agreement this a b ~h day of y CITY OF RIVERSIDE. MISSOURI EMPLOYER BY: /.1~~C~1u~1 / X (SOUE PROPRIETOR, AUTHORIZED PARTNER OR AUTHORIZED OFFICER) The undersigned hereby acknowledges and accepts appointment by the Employer as Plan Administrator and agrees to perform the duties thereof. NOTE: Complete only if a party other than the Employer (s to serve as Plan Administrator. PLAN ADMINISTRATOR Accepted ~ ? -. 19 v UNITED MISSOURI BANK OF KANSAS CITY, NATIONAL ASSOCIATION, as Trustee _ (~ r~~~~ BY: ` - ~ -~ VICE PRESIDENT United Missouri Bank of Kansas City, n.a. 1010 Grand Avenue P.O. Box 419226 Kansas City, MO 64141-6226 April. 1990 001-13 The Employer: (i) Agrees that, whenever it is required that information be filed with the Internal Revenue Service or Department of Labor by the Trustee unless filed by the Employer, the Employer will file such information, or cause such information to be filed: (ii) Represents that it has consulted with counsel of its choice with respect to its adoption of this Plan, and that such adoption has ( been duly authorized; and (iii) Understands that it may not rely on an opinion letter issued by the National Office of the Internal Revenue Service as evidence that the Plan is qualified under Section 401 of the Code. In order to obtain reliance with respect to qualification of this Plan, the Employer must apply to the appropriate key district office for a determination letter. This Adoption Agreement may be used only in conjunction with Basic Plan Document No. 01. This agreement shall be effective upon execution by the Employer and acceptance by the Trustee, and, if applicable, acceptance by the Plan Administrator. N ITNESS WHEREOF, the Employer has executed this Adoption Agreement this __ ~- 19 ~. a6 ~. CITY OF RIVERSIDE,_MISSOURI day of EMPLOYER BY: ~~ ~ /~ r x (SOLE PROPRIETOR, AUTHORIZED PARTNER OR AUTHORIZED OFFICER) The undersigned hereby acknowledges and accepts appointment by the Employer as Plan Administrator and agrees to perform the duties thereof. NOTE: Complete only if a party other than the Employer is to serve as Plan Administrator. ~ - ! PLAN ADMINISTRATOR Accepted , 19 UNITED MISSOURI BANK OF KANSAS CITY, NATIONAL ASSOCIATION, as Trustee BY: VICE PRESIDENT United Missouri Bank of Kansas City, n.a. 1010 Grand Avenue P.O. Box 419226 Kansas City, MO 64141-6226 April, 1990 001-13