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HomeMy WebLinkAbout1985-203-11/05/1985-ADOPTING THE RESTATEMENT OF THE CITY OF FORT COLLINS GENERAL EMPLOYEES RETIREMENT PLAN RESOLUTION 85- 203 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE RESTATEMENT OF THE CITY OF FORT COLLINS' GENERAL EMPLOYEES RETIREMENT PLAN WHEREAS, several amendments have been made by Resolution to the General Employees Retirement Plan since its' last Restatement in 1981; and WHEREAS, new regulations promulgated by the Internal Revenue Service must be adopted into the Plan in 1985 in order for the Plan to maintain its ' qualified status; and WHEREAS, A.S. Hansen Company is retained by the City as a consultant for the Plan; and WHEREAS, A.S. Hansen Company has proposed a restatement of the City' s General Employee Retirement Plan recommending the following changes: Effective Date of Restatement: January 1, 1985 Article I - Purpose Revise dates throughout Article to reflect current restatement date. Article II - Definitions Revise Section 2(b) Definition of Actuarial Equivalent: to conform to IRS ruling 79-90. Revise Section 2(g) Definition of Compensation: to include deferred compensation under Section 457 of the IRS Code. Revise Section 2(i ) Definition of Disability: to conform to Resolution 83-135. Revise Section 2(1 ) Definition of Final Average Monthly Compensation: to conform to Resolution 83-135. Article III - Membership Add Section 5 Exceptions : Any Employee covered by an employment contract, a Department Head, an Assistant City Manager or an Assistant City Attorney may, if designated by the City Manager, elect to participate in the ICMA Retirement Program in lieu of participation in this program. Article IV - Credited Service Revise Section 1 Credited Service: add "A member will accrue Credited Service under the Plan for periods of Disability as long as he is not receiving any payment from this Plan during such period" to conform to Resolution 83-135. Article V - Retirement Dates Revise Section 4 Disability Retirement: to conform to Resolution 83-135. Article VI - Retirement Benefits Revise Section 3 Disability Retirement: to conform to Resolution 83-135. Revise Section 6 Accrued Credits and Vested Benefits Under the Previous Plan Preserved: to conform to current restatement dates. Delete Section 7 Increased Benefits for Retired Members and Beneficiaries of the Previous Plan: this section no longer necessary. Article VIII - Death Benefits Revise Section 1 Death of an Active Member, a Disabled Member or Vested Member Prior to Normal Retirement Date: to conform to Resolution 83-135. - Article XIII - Retirement Benefits and Rights Inalienable Revise Section 1 Inalienability: add "Notwithstanding the foregoing, the Retirement Committee may approve payment to an alternate payee based upon any Qualified Domestic Relations Order as defined in Code Section 414(p) , and such payment shall not be deemed to be a prohibited alienation of benefits" to conform to IRS regulations. Article XVI - Limitations Revise Section 3 Limitation of Benefits: regarding the benefits payable to an employee from this plan being subject to the limitations of Code 415 in conformance with IRS regulations. WHEREAS, the General Employees Retirement Board and City staff have reviewed said restatement of the City's General Employee Retirement Plan and recommended approval of the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the restatement of the City of Fort Collins' General Employee Retirement Plan as submitted and prepared by A.S. Hansen Company be, and the same hereby is adopted. Passed and adopted at a regular meeting of the City Council held this 5th day of November, A.D. 1985. ATTEST: City Clerk