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Ord 90-074 ORDINANCE NO. 90-74 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SOCIAL SECURITY, ESTABLISHING THE CITY OF FEDERAL WAY EMPLOYEES' RETIREMENT SYSTEM AS A SUBSTITUTE FOR SOCIAL SECURITY AS AUTHORIZED BY THE FEDERAL SOCIAL SECURITY ACT AND APPLICABLE STATE LAWS. WHEREAS, under the Federal Social security Act (42 USCA, §418(g)), the City Council of a newly incorporated city is authorized to elect and establish an employee retirement system in lieu of employee and employer contributions to the Federal Social Security Program; and WHEREAS, such a system can be established by creating a Plan and a Trust to provide a defined contribution plan providing retirement and other related benefits for the employees of the city eligible to participate; and WHEREAS, a Social Security alternative program provides employees of the city of Federal Way with benefits that equal or exceed the current or future social security benefits system; and WHEREAS, such a plan can be created to qualify for approval under Sections 401 and 410 through 417 of the Internal Revenue Code; and WHEREAS, Council finds that it is in the interest of the employees of the City to be under the city of Federal Way Employees' Retirement system as an alternative to the Social Security program; NOW, THEREFORE, -1- CØfC'f THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council hereby establishes the City of Federal way Employees' Retirement System as authorized by the Federal Social Security Act (42 USCA, §418(g») and other applicable federal and state laws as is set forth more particularly in "city of Federal Way Employees' Retirement System" attached hereto and by this reference incorporated herein. Section 2. This system shall be effective on June 1, 1990, and all acts and actions of employees and the City since that time in compliance with such plan are hereby ratified. section 3. This Plan is specifically enacted with the intent that it qualify for approval under sections 40l and 410 through 4l7 of the Internal Revenue Code and the Trust is created with the intent that it qualify for approval under §501 of the Internal Revenue Code now or as hereinafter enacted. section 4. Should any section, sentence, clause, phrase, or subsection of this ordinance or its application to a specific person or set of circumstances be declared unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance or its application to any other person or set of circumstances. -2- Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary consisting of the title to this ordinance. PASSED by the city council of the City of Federal Way this ~ day of September, 1990. ÝdÞk &~) MAYOR, DEBRA ERTEL ATTEST: SWANEY, CMC FILED WITH THE CITY CLERK: September PASSED BY THE CITY COUNCIL: October PUBLISHED: October 5,1990 EFFECTIVE DATE: October 10,1990 ORDINANCE NO. 90-74 28,1990 2,1990 90L56 -3-