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DEFERRED COMPENSATION PLAN <br />OF <br />CITY OF COLTON <br />LINTRODUCTION <br />In accordance with the provisions of SEC 501(1C) [BOARD RESOLUTION APPROVAL] and as <br />provided in Section 457 o1 the Internal Revenue Code of 1986, CITY OF COLTON hereby establishes the <br />Deferred Compensation Plan of CITY OF COLTON thereinafter referred to as the 'Plan.' Nothing contained <br />in this Plan shall be deemed to constitute an employment agreement between any Participant and the <br />Employer and nothing contained herein shall be deemed to give a Participant any right to be retained in <br />the employ of the Employer. <br />IL DEFINITIONS <br />2.01 ADMINISTRATOR'shall mean the person or persons, if any, appointed by the Employer to administer <br />the Plan. <br />2.02 'BENEFICIARY' shall mean the persons or entities designated by a Participant pursuant to section 5.02. <br />2.03 'CODE' shall mean the Internal Revenue Code of 1986, as amended, or any future United States <br />internal revenue law. References herein to specific section numbers shall be deemed to refer to <br />corresponding provisions of any future United States internal revenue law. r `\ <br />2.04 'COMPENSATION'shall mean all payments made to an Employee by the Employer as remuneration <br />for services rendered, including salaries and fees. <br />2.05 'DEFERRED COMPENSATION' shall mean the amount of Compensation not yet earned which the <br />Participant and the Employer mutually agree will be deferred. <br />2.06 'EMPLOYEE'shall mean any employee who performs services for and receives any type of <br />Compensation from the Employer for whom services are rendered. <br />2.07 EMPLOYER' shall mean CITY OF COLTON <br />2.08'INCLUDIBLE COMPENSATION' shall mean, for purposes of the limitation set forth in section 4.02, <br />Compensation for services performed for the Employer that is currently includible in the Participant's gross <br />income for Federal income tax purposes, determined without regard to any community property laws. <br />Includible Compensation thus does not include Compensation excludible from the Participant's gross <br />income under Section 457 of the Code as a result of deferrals under this Plan or under other provisions <br />(for example, Sections 105(d), and 911) of the Code. <br />