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A RESOLUTION OF TI <br />COMMISSIONERS E <br />OPEB TRUST AS <br />PURSUANT TO Tl- <br />COMPLIANCE <br />hCOMPLIANCE WITH <br />BOARD STATEMENT; <br />COUNTY BOARD 01 <br />BOARD OF TRUSTEE <br />OF THE TRUSTEE; P <br />THE DUTIES AND PO <br />BOARD; PROVIDING <br />PROVIDING FOR COI <br />PROVIDING AN EFFE <br />WHEREAS, Indian <br />certain employee benefit r <br />pensions (as more fully clef <br />insurance and medical and <br />County, County Constitution <br />and, in certain cases, their <br />eligible for coverage thereun <br />RESOLUTION NO. 2008-163 <br />E INDIAN RIVER COUNTY BOARD OF COUNTY <br />;TABLISHING THE INDIAN RIVER COUNTY <br />AN IRREVOCABLE SECTION 115 TRUST <br />E INTERNAL REVENUE CODE AND IN <br />3OVERNMENTAL ACCOUNTING STANDARDS <br />43 AND 45; ESTABLISHING THE INDIAN RIVER <br />COUNTY COMMISSIONERS AS THE OPEB <br />i; PROVIDING FOR THE DUTIES AND POWERS <br />ROVIDING FOR DELEGATION OF CERTAIN OF <br />VERS OF THE TRUSTEE TO THE OPEB TRUST <br />FOR VARIOUS TERMS OF THE TRUST; <br />FLICTS; PROVIDING FOR SEVERABILITY; AND <br />,TIVE DATE. <br />iver County ("County") has established and maintains <br />ns that provide post -employment benefits other than <br />!d hereinafter, "Benefits"), such as but not limited to, life <br />irescription drug coverage, to retired employees. of the <br />Officers, and certain City of Vero Beach, FI employees, <br />a.spective spouses, dependents and survivors, who are <br />!r (collectively, "Beneficiaries"); <br />WHEREAS, the Governmental Accounting Standards Board ("GASB") has <br />issued GASB Statement 43 (j'GASB 43") and Statement 45 ("GASB 45") that establish <br />standards for accounting and financial reporting for state and local governmental <br />employers, such as the County, that offer Benefits to their retired employees; <br />WHEREAS, the Cou <br />that will be separate from <br />Benefits with the intent tha <br />income tax under Internal R <br />be taxable to Beneficiaries; <br />and (iv) all assets of the Ti <br />used for the exclusive purr <br />expenses of administering <br />County ; <br />WHEREAS, the C <br />essential governmental fi <br />Revenue Code; <br />y desires to create and establish the irrevocable Trust, <br />ie County, for the purpose of providing funds to pay for <br />(i) the income of the Trust will be exempt from federal <br />tenue Code Section 115; (ii) transfers to the Trust will not <br />) the Trust will qualify as a trust for purposes of GASB 43, <br />st are and will be irrevocably dedicated to, and shall be <br />se of, providing for payments of Benefits and for paying <br />e Trust, and will not be available to any creditors of the <br />provision <br />of Benefits <br />to Beneficiaries <br />constitutes an <br />within the <br />meaning of <br />Section 115(1) <br />of the Internal <br />WHEREAS Sections 115 and 671 of the Internal Revenue Code permit the <br />County to establish a separate Trust that would serve as a vehicle for accumulating <br />amounts needed to pay for Benefits; <br />WHEREAS, the <br />Trust <br />established hereunder, either <br />in whole or <br />in part, shall <br />not <br />be used for, nor shall <br />any of <br />the income or other assets <br />held under <br />the terms of <br />the <br />1 <br />