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City Council Resolution 1987-22RESOLUTION 87-22 RESOLUTION AUTHORIZING AGREEMENT WITH CITY ADMINISTRATOR RELATING TO DEFERRED COMPENSATION WHEREAS, Richard A. Wolfsteller ("Wolfsteller"), City Administrator of the City of Monticello, has elected to be excluded from membership in the Public Employees Retirement Association, which election has been approved by the City Council; and WHEREAS, prior to such action the City has contributed an employer's contribution to the Public Employees Retirement Association for his account; and WHEREAS, by reason of such election, the City's employer contribution to PERA on his account will cease; and WHEREAS, Minnesota Statutes, Section 353.025, Subdivision 3, provides as follows: "(DEFERRED COMPENSATION: CITY CONTRIBUTION.) If an election of exclusion is made, and if the City Manager and the governing body of the City agree in writing that the additional compensation is to be deferred and shall be contributed on behalf of the City Manager to a deferred compensation program which meets the requirements of Section 457 of the Internal Revenue Code of 1954, as amended through December 31, 1980, the governing body may compensate the City Manager, in addition to the salary allowed under any limitation imposed on salaries by law or charter, in an amount equal to the employer contribution which would be required by Section 353.27, Subdivision 3, if the City Manager were a member of the association. WHEREAS, the City Council desires to exercise the authority conferred by the aforementioned Subdivision 3, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota, as follows: 1. In addition to the City Administrator's salary now in effect or which may hereafter be established from time to time as his stated salary, Wolfsteller shall be compensated in an additional amount equal to the employer contribution which would be required by Minnesota Statutes, Section 353.27, if he were a member of the Public Employees Retirement Association subject, however, to the provisions of the following paragraph of this resolution. 2. Such additional compensation shall be paid only if and during the time that there is an agreement between City and Wolfsteller wherein it is agreed in writing that the additional compensation is to be deferred and shall be contributed on behalf of Wolfsteller to a deferred compensation program which meets the requirements of Section 457 of the Internal Revenue Code of 1954, as amended through December 31, 1980. Resolution 87- 22 Page 2 3. The Mayor, acting for and in behalf of the City, is hereby authorized and directed to enter into an agreement of a type described in the foregoing paragraph no. 2 with Wolfsteller. Upon the execution of such agreement, the Mayor, City Administrator, and other appropriate officials of the City are authorized to take the actions necessary to give effect to the provisions of such agreement. The question was on the adoption of the Resolution and upon a vote being taken thereon, the following voted in favor thereof: Arve Grimsmo, Fran Fair, Bill Fair, Warren Smith, Dan Blonigen And the following voted against the same: None. WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED THIS 10th day of August, 1987. Arve A. Grimsmo Mayor ATTEST: Ri6k Wolfstel r City Administrator