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RESOLUTIONS - �� <br /> OF THE <br /> ELK RIVER MUNICIPAL UTILITIES COMMISSION <br /> REGARDING THE <br /> ELK RIVER MUNICIPAL UTILITIES DEFERRED COMPENSATION PLAN <br /> December 12, 2012 <br /> WHEREAS, employees of the Elk River Municipal Utilities Commission(the <br /> "Commission") are eligible to participate in the Minnesota Deferred Compensation Plan, <br /> an eligible deferred compensation plan for governmental employers under Section 457(b) <br /> of the Internal Revenue Code; <br /> WHEREAS, employees of the Commission expressed interest in participating in <br /> an alternative Section 457(b) plan that would allow them to receive some financial advice <br /> with respect to their investments in such plan; <br /> WHEREAS, Minnesota law permits governmental employers such as the <br /> Commission to offer an alternative Section 457(b) plan, and the personnel policies of the <br /> Commission provide for such a plan; <br /> WHEREAS, on December 13, 2005, the Commission moved to approve adoption <br /> of an alternative Section 457(b) plan proposed by Wenzel and Associates with an <br /> investment platform provided by ING; <br /> WHEREAS, the Company has been operating an alternative Section 457(b) plan <br /> since January 1, 2006; <br /> WHEREAS, regulations promulgated under Section 457(b) of the Internal <br /> Revenue Code require that an eligible Section 457(b) plan be in writing; <br /> WHEREAS,the Commission wishes formally to adopt a written plan document <br /> to govern its alternative Section 457(b) plan; and <br /> WHEREAS, a copy of the Elk River Municipal Deferred Compensation Plan has <br /> been made available to members of the Commission at its meeting of December 12, <br /> 2012. <br /> NOW, THEREFORE, BE IT RESOLVED, that the Commission hereby <br /> approves and adopts the Elk River Municipal Utilities Deferred Compensation Plan (the <br /> "Plan"), effective as ofJanuary 1, 2006; <br />