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<br /> INTRODUCTION <br /> The City of Redwood City ("Employer") has adopted this tax qualified governmental <br /> defined benefit plan for the benefit of its eligible employees to provide supplemental retirement <br /> benefits to eligible employees of the Employer in addition to the benefits employees will receive <br /> from the California Public Employees' Retirement System ("PERS"). <br /> It is intended that this plan and the trust established to hold the assets of the plan shall be <br /> qualified under section 401(a) and tax-exempt under Section 501(a) of the Internal Revenue <br /> Code of 1986, together with any amendments thereto (the "Code"). It is further intended that <br /> this plan and the trust established hereunder shall meet the requirements of a pension trust under <br /> California Government Code sections 53215 - 53224, or their successor sections (the "Act"). At <br /> any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries <br /> under the trust created pursuant to the this plan, the trust assets shall not be used for, or diverted <br /> to, purposes other than the exclusive benefit of members or their beneficiaries, as prescribed in <br /> Section 401(a)(2) of the Code. <br /> It is intended that the plan satisfy the requirement of the applicable provisions of the <br /> Uruguay Round Agreements Act, the Small Business Job Protection Act, the Taxpayer Relief <br /> Act of 1997 and the Uniformed Services Employment and Reemployment Rights Act of 1994 <br /> (commonly referred to as the "GUST" amendments), and that the provisions of this plan <br /> reflecting the GUST amendments are hereby made effective as of the dates required by the <br /> legislation referred to in this sentence. <br /> -1- <br /> NB I :508358.9 <br /> ~, ..,...--.. <br />