City Council Resolution 1981-23• RESOLUTION NO. 23
RESOLUTION AUTHORIZING AGREEMENT WITH
CITY ADMINISTRATOR RELATING, TO DEFERRED COMPENSATION
WHEREAS, Gary Wieber, ("Wieber"), City Administrator of the City of Monticello
has elected to t>e excluded from membership in the Public Employees Retirement
Association, which election has been approved by the City Council; and,
WHEREAS, prior t:o such action the City has contributed an employers's contri-
bution to the Public Employees Retirement Association for his account; and,
WHEREAS, by rea~~on of such election, the City's employe r_ r.,ontribution to PERA
on his account will cease; and,
WHEREAS, Minnesota Statutes, Section 353.025, Subdivision 3, provides as
follows:
"(DE:FERRED COMPENSATION; CITY CONTRIBUTION.) If an election of
exclusion is made, and if the City Manager and tl-ie governing
body of the City agree in writing that the additional. compensation
is to be deferred and shall be contributed on beYialf of the City
Manager to a deferred compensation program which meets the require-
ments of Section 457 of the Internal Revenue Cod<:~ 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 t:he City Manager were a member of the associ.a.t:ion.
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 tl~e City of Monticello,
Minnesota, a~~ follows:
1. In addition to the City Administrator's sa~Lary now in effect or
which may hereafter be established from time to time as his stated salary,
Wieber shall be compensated in an additional amount equal. to the employer
contribution which would be required by Minnesota Statute:, Section 353.27,
if he were a member of the Public Employees Retirement Ase~ociation subject,
however, to t:he 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 WiebE>_r wherein it is
agreed in writing that the additional compensation is to l:~e deferred and shall
be contributed on behalf of Wieber to a deferred compensation program which
meets the requirements of Section 457 of the Internal Rev<::nue Code of 1954,
as amended through December 31, 1980.
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 Wieber. Upon the execution of such agree-
ment, the Mayor, City Administrator and other appropriate officials of the
City are authorized to take the actions necessary to give effect to the pro-
visions 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: White, Fair, Blonigen,
Grimsmo, and Maus.
and the following voted against the same: None
WHEREUPON SAID RESOLUTION WAS DELCARED DULY PASSED AND ADOPTED THIS
22nd day of June, 1981.
Arve A. Grimsmo, Mayor
ATTEST:
~~
ar Wieb City Clerk
(seal)
AGREEMENT RELATING TO
DEFERRED COMPENSATION
THIS AGREEMENT made and entered into this 22nd day of June, 1981, by and
between the City of Monticello, a Minnesota municipal corporation ("City")
and Gary Wieber, a natural person serving in the capacit.yy of City Adminis-
trator of City ("Wieber"), WITNESSETH:
WHEREAS, Wieber has elected to be excluded from membersh.:i.p in the Public
Employees Retirement Association of the State of Minnesota, which election
has been approved by the City Council of the City; and
WHEREAS, moth City and ~•7ieber are desirous of having an <~mount equal to
the employer contribution which would be required by Minnesota Statutes,
Section 353.27, if Wieber were a member of the Association, added to his
other compensation, of whatever kind or nature, and contributed on behalf
of the City Administrator 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; and,
NOW, THEREFORE, City and Wieber agree as follows:
1. City agrees to increase Wieber's compensation in an amount
equal to the employer contribution which would be requ.irf:d by Section 353.27,
if the City Administrator were a member of the Public F~nployees Retirement
Association. This compensation shall be in addition to his stated salary
now in effect or which may hereafter be established from time to time.
2. City and Wieber agree that such additional compensation is to
be deferred and shall be contributed on behalf of Wieber to a deferred
compensation fund which meets the requirements of Section 457, of the
Internal Revenue Code of 1954, as amended through December 31, 1980.
3. The provisions of this agreement are effective immediately
upon the effective date of Wieber's election to be excluded from membership
in the Public Employee's Retirement Association.
IN WITNESS WHEREOF, the parties hereto have executed thi::~ agreement this
22nd day of June, 1981.
WITNESSED BY: CITY OF 0
B
Its Mayor
~y
ry Wieb