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Reso 98- 29
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Reso 98- 29
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Last modified
7/1/2010 9:40:28 AM
Creation date
1/25/2006 1:55:58 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
98-29
Date (mm/dd/yyyy)
01/08/1998
Description
Estab. Employee Funded 457 Deferred Comp. Plan, ICMA.
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<br />ICMA RETIREMENT CORPORATION <br /> <br />XI. Reamortization <br /> <br />Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length <br />of repayment period, interest rate, and frequency of repayments. A loan may not be reamortized to extend the <br />length of the loan repayment period to more than five (5) years from the date the loan was originally made, or <br />in the case of a loan to secure a principal residence, beyond the number of years specified by the employer in <br />Section V above. <br /> <br />A participant must request the reamortization of a loan in writing on a reamortization application acceptable <br />to the plan administrator. Upon processing the request, a new disclosure statement will be sent to the em- <br />ployer for endorsement by the participant and approval by the employer. The executed disclosure statement <br />must be returned to the plan administrator within 10 calendar days from the date it is signed. The new disclo- <br />sure statement is considered an amendment to the original promissory note, therefore a new promissory note <br />will not be required. <br /> <br />A reamortization will not be considered a new loan for purposes of calculating the number of loans outstand- <br />ing or the one loan per calendar year limit. <br /> <br />XII. Refinancing existing loans <br /> <br />If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one <br />outstanding loan. no loans may be refinanced. Refinancing means concurrently repaying an existing loan and <br />borrowing an additional amount through a new loan. A participant may not refinance a residential loan. <br /> <br />In order to refinance an existing loan, a participant must r91uest a new loan in writing on an application <br />approved by the plan administrator. Such request must be made at a time when the participant is eligible to <br />obtain a loan as defined by the employer in Section III above. The amount of a new loan requested for the <br />purpose of refinancing is subject to the loan limits speciped in Section IV above. <br />" <br /> <br />Because a refinancing is considered a new loan, only active ,employees may refinance an outstanding loan. <br /> <br />XIII. Reduction of loan <br /> <br />If a participant dies prior to full repayment of the outstanding loan(s), the outstanding loan balance(s) will be <br />deducted from the account prior to distribution to the beneficiary(ies). The unpaid loan amount is a taxable <br />distribution and may be subject to early withdrawal penalties. The participant's estate is responsible for taxes or <br />penalties on the unpaid loan amount, if any. The beneficiary is responsible for taxes due on the amount he/she <br />I <br />receives. A Form 1099 will be issued to both the beneficiary and the estate for these purposes. <br /> <br />.................................................. I...... I....'.................................. <br /> <br />f 0 U r. <br />
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