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AMENDMENT TO THE <br />CITY OF SANTA ANA <br />PARS 3121 PART-TIME SOCIAL SECURITY <br />ALTERNATIVE RETIREMENT PLAN <br />WHEREAS, the City of Santa Ana (the "City") adopted the City of Santa Ana <br />PARS 3121 Part -Time Social Security Alternative Retirement Plan (the 'Plan"), amended and <br />restated, effective December 19, 2011; and <br />WHEREAS, the City desires to amend the Plan in response to the Coronavirus <br />Aid, Relief, and Economic Security Act (the "CARES Act") to allow Coronavirus-Related <br />Distributions and temporary waiver to Required Minimum Distributions; and <br />WHEREAS, the City has the right to amend the Plan in accordance with Section <br />5.2 of the Plan. <br />NOW, THEREFORE, BE IT RESOLVED, this amendment is intended as good <br />faith compliance with the CARES Act and adds the following Coronavirus-Related Distributions <br />and temporary waiver of Required Minimum Distributions to the Plan. <br />I. Section 4.6, Coronavirus-Related Distributions, is hereby added to Article IV of <br />the Plan. <br />4.6 Coronavirus-Related Distributions. <br />(a) This Section 4.6 which provides for "Coronavirus-Related Distributions" as <br />described below supersedes any Plan provision to the contrary. Section 4.6 is <br />intended to comply with section 2202 of the Coronavirus Aid, Relief, and <br />Economic Security Act ("CARES Act") and the regulations thereunder and will be <br />interpreted accordingly. <br />(b) The Employer may make Coronavirus-Related Distributions to a Qualified <br />Individual from his or her vested Account under the Plan on or between January 1, <br />2020 and December 31, 2020, under one of the following conditions: <br />(i) The Qualified Individual is diagnosed with the virus SARS-CoV-2 <br />or with coronavirus disease 2019 (COVID-19) by a test approved by <br />the Centers for Disease Control and Prevention. <br />(ii) The Qualified Individual's spouse or dependent (as defined in <br />section 152 of the Internal Revenue Code of 1986) is diagnosed with <br />such virus or disease by such a test. <br />(iii) The Qualified Individual experiences adverse financial <br />consequences as a result of being quarantined, being furloughed or <br />laid off or having work hours reduced due to such virus or disease, <br />closing or reducing hours of a business owned or operated by the <br />individual due to such virus or disease, or other factors as <br />determined by the Secretary of Treasury (or the Secretary's <br />delegate). <br />Page 1 of 3 <br />55A-71 <br />