RESOLUTION OF THE BUTTS COUNTY BOARD OF COMMISSIONERS TO:

(1) AMEND ASSOCIATION COUNTY COMMISSIONERS OF GEORGIA DEFINED BENEFIT PLAN FOR BUTTS COUNTY EMPLOYEES;
and
(2) ADOPT ASSOCIATION COUNTY COMMISSIONERS OF GEORGIA DEFINED BENEFIT PLAN FOR BUTTS COUNTY COMMISSIONERS

WHEREAS, Butts County, Georgia (the “Employer”) by and through the Butts County Board of Commissioners has previously adopted the Association County Commissioners of Georgia Defined Benefit Plan for Butts County Employees (the “County Plan”), through an Adoption Agreement most recently amended and restated effective as of January 1, 2015;

WHEREAS, Section 16.02(b) of the County Plan allows the Employer to amend the elective provisions of the Adoption Agreement at any time;

WHEREAS, the Employer desires to amend Adoption Agreement Section 1.23 to exclude County Commissioners from the County Plan, as the County Commissioners who are currently eligible to participate in the County Plan, i.e., those whose most recent Employment or Reemployment Commencement Date is before April 12, 2012, as well as County Commissioners whose most recent Employment or Reemployment Commencement Date is on or after such date, will be eligible to participate in a new Commissioners-only plan as of January 1, 2023;

WHEREAS, the Employer desires to amend Adoption Agreement Section 8.05, Vesting Schedule, as previously amended effective as of January 1, 2020, to further reduce the number of years of Vesting Service required for certain Participants to become one hundred percent (100%) vested in their Accrued Benefit under the County Plan from seven (7) to five (5) years, effective as of January 1, 2023;

WHEREAS, the Employer intends to retain the requirements that, notwithstanding the above-referenced change in the vesting schedule, (i) Class 6 Employees must attain ten (10) years of Vesting Service to become vested in the portion of their Accrued Benefit attributable to Credited Service prior to January 1, 2020, if any, and (ii) service as a part-time employee on and after January 1, 2020, shall not count as Vesting Service under the County Plan;

WHEREAS, the amendments described above are intended to be of “General Application” as described in Plan Section 16.02(c), meaning that they shall apply to current and future Eligible Employees, but to past and future Eligibility, Vesting and Credited Service, so that an Inactive Participant under the County Plan who terminated employment before January 1, 2023, shall be subject to the vesting schedule in effect as of the date of his or her Termination of Employment;

WHEREAS, the Employer wishes to adopt the Association County Commissioners of Georgia Defined Benefit Plan for Butts County Commissioners (the “Commissioners Plan”), effective as of January 1, 2023;

WHEREAS, the Employer wishes to direct the spin-off from the County Plan of the assets and liabilities attributable to the members of previous Class 4, i.e., County Commissioners whose most recent Employment or Reemployment Commencement Date was before April 12, 2012, including those who are not active Participants as of January 1, 2023; and

WHEREAS, the Commissioners Plan will provide a flat-dollar benefit formula to current and future Commissioners who were previously excluded from the County Plan, taking into account service retroactive to January 1, 2015, and any service prior to 2015 shall be recognized, if at all, only under the provisions of the County Plan as in effect before January 1, 2023.

NOW THEREFORE, at a meeting held on the twelfth day of December, 2022, the Butts County Board of Commissioners hereby resolves as follows:

RESOLVED, that the Board of Commissioners hereby approves the adoption of the attached Adoption Agreement Amendment #2, effective as of January 1, 2023;

FURTHER RESOLVED, that the Board hereby adopts the Association County Commissioners of Georgia Defined Benefit Plan for Butts County Commissioners (the “Commissioners Plan”), effective as of January 1, 2023, in the form presented hereto;

FURTHER RESOLVED, that the assets and liabilities attributable to the former Class 4 Employees in the County Plan, the actuarial value of which has been determined and presented to this Board, shall be transferred from the County Plan to the Commissioners Plan on or about January 1, 2023, except that the assets and liabilities attributable to current Commissioner Russ Crumbley, whose benefit under the County Plan attributable to his service as a Commissioner from 1985-1996 is in pay status, shall remain with the County Plan, and his receipt of benefits from the County Plan shall not affect his accrual of benefits under the Commissioners Plan, or vice-versa;

FURTHER RESOLVED, that the Accrued Benefit under the Commissioners Plan of each Participant whose Accrued Benefit is spun off from the County Plan to the Commissioners Plan pursuant to the preceding paragraph shall equal his or her Accrued Benefit under the County Plan immediately prior to the spin-off;

FURTHER RESOLVED, that the Commission Chair is hereby authorized, empowered, and directed to take all further actions and to execute all documents necessary to implement these resolutions.

FURTHER RESOLVED, that any resolution in conflict with this resolution is hereby repealed.
THIS 12th day of December, 2022.

BUTTS COUNTY, GEORGIA BOARD OF COMMISSIONERS

By: ________________________________________
Chair, Butts County Board of Commissioners

Attest:

By: ________________________________________
County Clerk

Date: ________________________________________