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HomeMy WebLinkAbout1992-056-04/07/1992-GENERAL EMPLOYEES RESTATED RETIREMENT PLAN RESOLUTION 92-56 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE CITY OF FORT COLLINS GENERAL EMPLOYEES RETIREMENT PLAN (AS AMENDED AND RESTATED EFFECTIVE JANUARY 1 , 1992) WHEREAS, the terms of the City of Fort Collins General Employees Retirement Plan (as restated effective January 1, 1990) , hereinafter the "Plan, " have been reviewed by its Retirement Committee; and WHEREAS, the scope of the review included incorporating new tax laws promulgated by the Internal Revenue Service since the 1990 restatement; bringing the Plan' s prohibition against alienation of trust assets into conformance with Section 24-54-111, C.R.S. , adding language to address the coverage of members who qualify for disability due to job-related incidents and injuries; and incorporating certain administrative practices which are followed; and WHEREAS, the amendments reflected in the January 1992 restatement are generally described as follows: 1 . The effective date of the restatement shall be changed from January 1 , 1990, to January 1, 1992. 2. Article 1, Purpose, has been amended to add an affirmative statement of applicable law that the Plan is not subject to the requirements of the Employee Retirement Income Security Act of 1974 because it is a governmental plan. 3 . Article II, Definitions, Section 2: A. Subsection (i ) expands the definition of "Covered Employment" to include certain current Members of the Plan who chose to remain in the Plan despite a change in their position status from classified to unclassified. B. Subsection (k) expands the definition of "Disability" so that it conforms to the City's stated intention to equitably apply the provisions of the Plan to Members with job-related disabilities as well as those disabled due to reasons unrelated to employment. C. Subsection (1 ) adds a new definition for "Disability Benefits" in order to identify the three sources of such benefits which will be recognized under this Plan. D. Subsection (n) expands the definition of "Employee" to include those employees who chose to remain in the Plan despite a change in their position status from classified to unclassified. E. Subsection (s) expands the definition of "Member" to include those who qualify for Disability under Subsection (k) . 4. Article III, Membership, Section 5 has been deleted since the positions named are not classified positions and, therefore, such employees are not included within the coverage of this Plan.. 5. Article IV, Credited Service: A. Section 1 has been expanded to specify the circumstances under which a Member who becomes disabled may continue to accrue service credits. B. Section 2 has been amended to extend the length of time which may elapse between leaving City employment and returning from one (1) year to five (5) years. A former plan member who returns within this period may add the service time earned earlier to that earned after returning. 6. Article V, Retirement Dates, Section 4, has been amended to specify that a member' s salary at the date of disablement will be the basis for benefit calculation in the case of certain members who leave employment due to a disability. 7. Article VI, Retirement Benefits, Section 4, has been amended to incorporate the practices of paying a partial monthly benefit when a recipient dies during a monthly interval and making the first monthly payment at the end of the month in which retirement occurs. 8. Article IX, Severance Benefits, Section 2, has been amended to delay the schedule for payment of this single sum from the employment termination date until one (1) year after that date. 9. Article XIII , Retirement Benefits and Rights Inalienable, Section 1 , has been amended to limit payment of benefits pursuant to a Qualified Domestic Restraining Order or other court order to orders for payment of child support. WHEREAS, the Retirement Committee is recommending these amendments to Council for adoption; and WHEREAS, the Council wishes to adopt the recommendation of the Retirement Committee; and WHEREAS, Article XIV, Modification or Termination of Plan, Section 2, authorizes the City Council to amend the terms of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City of Fort Collins General Employees Retirement Plan (As Amended and Restated effective January 1 , 1992) which is attached hereto and made a part hereof, be and the same is hereby adopted. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 7th day of April , A.D. 1992. Mayor ATTEST: City CITY OF FORT COLLINS ' GENERAL EMPLOYEES RETIREMENT PLAN As Amended and Restated Effective January 1, 1992 P06PDOUMP1:1 City of Fort Collins' General Employees Retirement Plan TABLE OF CONTENTS Page No. ARTICLE I Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1 ARTICLE 11 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1 1. Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1 3. Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-6 ARTICLE III Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1 1. Employees on January 1, 1971 . . . . . . . . . . . . . . . III-1 2. Employees Hired After December 31, 1970 . . . . . . III-1 3. Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1 4. Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1 Article IV Credited Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 1. Credited Service . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2. Breaks in Service . . . . . . . . . . . . . . . . . . . . . . . . . IV-2 3. Effect of Other Plans . . . . . . . . . . . . . . . . . . . . . . IV-3 4. Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-3 ARTICLE V Retirement Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1 1. Normal Retirement . . . . . . . . . . . . . . . . . . . . . . . . V-1 2. Early Retirement . . . . . . . . . . . . . . . . . . . . . . . . . V-1 3. Delayed Retirement . . . . . . . . . . . . . . . . . . . . . . . V-1 4. Disability Retirement . . . . . . . . . . . . . . . . . . . . . . V-2 5. Retirement Date . . . . . . . . . . . . . . . . . . . . . . . . . . V-3 ARTICLE VI Retirement Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1 1. Normal or Delayed Retirement . . . . . . . . . . . . . . . VI-1 2. Early Retirement . . . . . . . . . . . . . . . . . . . . . . . . . VI-1 3. Disability Retirement . . . . . . . . . . . . . . . . . . . . . . VI-1 4. Payment of Benefits . . . . . . . . . . . . . . . . . . . . . . . VI-2 5. Minimum Periodic Payment . . . . . . . . . . . . . . . . . VI-2 6. Accrued Credits and Vested Benefits Under the Previous Plan Preserved . . . . . . . . . . . . VI-2 7. Increased Benefits for Retired Members and Beneficiaries as of July 1, 1990 . . . . . . . . . . . . VI-3 (i) F06PDO5/.WP1:1 City of Fort Collins' General Employees Retirement Plan TABLE OF CONTENTS (continued) Page No. ARTICLE VII Optional Forms of Benefits . . . . . . . . . . . . . . . . . . . . . VII-1 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-1 2. 100% Joint and Survivor Benefit . . . . . . . . . . . . . . VII-1 3. 50% Joint and Survivor Benefit . . . . . . . . . . . . . . . VII-2 4. 120 Months Certain and Life Benefit . . . . . . . . . . VII-2 5. . Beneficiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-2 ARTICLE VIII Death Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1 1. Death of an Active Member, a Disabled Member, or a Vested Member Prior to Normal Retirement Date . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1 2. Death of an Active Member Between Normal and Delayed Retirement Dates . . . . . . . . . VIII-2 3. Death of a Re:fired Member . . . . . . . . . . . . . . . . . VIII-2 4. Uniform Simultaneous Death Act . . . . . . . . . . . . . VIII-2 ARTICLE IX Severance Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-1 1. Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-1 2. Six or More Years of Service . . . . . . . . . . . . . . . . IX-1 ARTICLE X Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X-1 1. Member Contributions . . . . . . . . . . . . . . . . . . . . . X-1 2. City Contributions . . . . . . . . . . . . . . . . . . . . . . . . X-1 3. Application of Forfeitures . . . . . . . . . . . . . . . . . . . X-1 ARTICLE XI Administration of the Plan . . . . . . . . . . . . . . . . . . . . . XI-1 1. Retirement Committee . . . . . . . . . . . . . . . . . . . . . XI-1 2. Management of the Plan . . . . . . . . . . . . . . . . . . . . XI-1 3. Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-2 ARTICLE XII Method of Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . XII-1 1. Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII-1 2. Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII-1 3. Duties of the Funding Agent . . . . . . . . . . . . . . . . . XII-1 4. Investment Powers . . . . . XII-2 (Il) F06PD05I.WP1:3 City of Fort Collins' General Employees Retirement Plan TABLE OF CONTENTS (continued) o. ARTICLE XIII Retirement Benefits and Rights Inalienable . . . . . . . . . XIII-1 1. Inalienability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XM-1 2. Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII-1 ARTICLE )UV Modification or Termination of Plan . . . . . . . . . . . . . . XTV-1 1. Expectation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X11V-1 2. Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XTV-1 3. Approval Under the Internal Revenue Code . . . . . XIV-1 4. Discontinuance . . . . . . . . . . . . . . . . . . . . . . . . . . . XIV-2 S. Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XTV-2 6. Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIV-2 ARTICLE XV Benefit Restrictions on Early Termination . . . . . . . . . . XV-1 1. Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XV-1 2. Members Affected by Section 1 . . . . . . . . . . . . . . . XV-2 3. Amendment of the Plan . . . . . . . . . . . . . . . . . . . . XV-2 ARTICLE XVI Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVI-1 1. Reemployment of Former Members . . . . . . . . . . . XVI-1 2. Reemployment of Retired Members . . . . . . . . . . . XVI-1 3. Limitation of Benefits . . . . . . . . . . . . . . . . . . . . . . XVI-1 4. Consolidation or Merger . . . . . . . . . . . . . . . . . . . . XVI-4 P06PDO54.WP1:4 ARTICLE I Purpose Effective as of January 1, 1992, the City Council of the City of Fort Collins adopted the amended and restated Plan (as defined in Section It. of Article II), as set forth herein, to continue and replace the Plan previously in effect. T'he Plan and Retirement Fund are intended to meet the requirements of Sections 401(a) and 501(a) of the Internal Revenue Code of 1986, as amended. The Plan and the separate related Retirement Fund forming a part hereof were established and shall be maintained for the exclusive benefit of the eligible employees of the City of Fort Collins and their beneficiaries. No part of the Retirement Fund can ever revert to the City except as hereinafter provided, or be used for or diverted to purposes other than the exclusive benefit of the employees of the City and their beneficiaries. This amendment and restatement of the Plan shall not, in any way, affect the rights of former Employees who participated in said Plan and who either retired or otherwise terminated their employment prior to January 1, 1992. The rights, if any, of such former Employees and of their beneficiaries and the amounts of their benefits, if any, shall continue to be governed by the provisions of the Plan as it was in effect on December 31, 1991, or the date, if earlier, of their retirement or termination of employment, unless specifically provided for otherwise herein, or as the result of future amendments to this restated Plan. I-1 F06PDO54.WP1:5 This Plan is a governmental Plan established pursuant to Section 414(d) of the Internal Revenue Code of 1986, as amended. As such, it is not subject to the requirements of the Employee Retirement Income Security Act of 1974. I-2 P06PDO54.WP1:6 ARTICLE II Definitions Section 1. Name. The retirement income plan as set forth in this Ordinance shall be known as the City of Fort Collins' General Employees Retirement Plan (As Amended and Restated Effective January 1, 1992) and is hereinafter referred to as the Plan. Section 2. Definitions. Unless the context otherwise requires, the definitions and general provisions contained in this Section govern the construction of this restated Plan. a. "Accrued Benefit" means the benefit determined under the Plan expressed in the form of a monthly single life annuity, commencing at Normal Retirement Date. b. "Actuarial (or Actuarially) Equivalent" means equality in value of the aggregate amounts expected to be received under different forms of payment based on interest rate and mortality assumptions as defined below unless otherwise specifically provided in the plan: (1) Interest rate assumption for alternative periodic benefits. The Interest rate used for purposes of computing alternative periodic forms of benefits shall be 7.5%. (2) Interest rate assumption for single-sum payments. The interest rate used for purposes of computing single-sum payments shall be the immediate annuity rate (subject to adjustment as required for deferred annuities) used by the Pension Benefit Guaranty Corporation as of the January 1 coincident with or preceding the date as of which the amount of the alternative form of benefit is being determined hereunder. II-1 P06PD054.WP1:7 (3) Mortality assumption. The mortality assumption for calculations based upon the mortality of an Member or Beneficiary shall be a unisex rate that is 50% male, 50% female, taken from the 1983 Group Annuity Table. Said mortality assumption shall be used until changed by Plan amendment. C. "Beneficiary" means the person or persons entitled to receive benefits hereunder upon the death of a Member or former Member, pursuant to Section 5 of Article VII hereof. d. it " shall mean the City of Fort Collins, State of Colorado. e. "City Council" shall mean the City Council of the City. f. "Code" means the Internal Revenue Code of 1986, as amended. g. "Committee" or "Retirement Committee" means the Committee appointed by the City Council and charged with the general administration of the Plan h. "Compensation" means the total cash remuneration paid to an employee for a calendar year by the City for personal services including performance pay as reported on the Employee's income tax withholding statement or statements (Form W-2, or its subsequent equivalent), excluding bonuses, compensatory time, overtime pay, lump-sum payments for accrued vacation time, worker's compensation and any contribution by the City under this Plan, or the like, but including any compensation that is deferred under Code Section 457. The amount of Compensation for purposes of the Plan during any Plan Year shall not exceed $200,000, subject to the cost-of-living adjustments in accordance with Code Section 415(d), as amended and then in effect. i. "Covered Employment" means the employment categories for which the Plan is maintained, more particularly described as follows: (1) all nonfirefighters who perform clerical and technical duties for Poudre Fire Authority; (2) any employment with the city in a classified position as defined by the City Personnel Rules and Regulations, excluding Police Officers, Paid Firefighters, Emergency Services Dispatchers (police and fire); II-2 F06PD054.WPIA (3) any Member in the Plan as defined by subsection (3) of Article H, Section 2.n., Employee. Excluded are leased employees within the meaning of Code Section 414(n). j. "Credited Service" means the period of service rendered by an Employee as a Member, for which credit is allowed. Credited Service will cease when a Member's service as an Employee terminates. k. "Disability" means a physical or mental condition which: (1) in the judgment of the City's tong-Term Disability Insurance Company, qualifies the Member's condition as totally disabled and entitles the Member to receive Disability Benefits; (2) in the judgment of the Federal Social Security Administration, qualifies the Member's condition as totally disabled within the meaning of the Social Security Act and entitles the Member to receive Disability Benefits; or (3) in the judgment of the City's designated worker's compensation physician, administrative law judge or, if appealed, the court issuing the final judgment, qualifies the Member's condition as a permanent total disability and entitles the Member to receive Disability Benefits. 1. "Disability Benefits" means monetary payment for disability received from any one or more of the following sources: (1) the City's long term disability plan; (2) the Federal Social Security Administration; (3) the City's workers' compensation plan. m. "Effective Date of this Plan" means January 1, 1971. The first restatement was effective January 1, 1985. This amended and restated Plan is effective as of January 1, 1992. II-3 FOODOUNIP1:9 n. "Employee" means: (1) any person who is hired to fill a classified position as defined by the City Personnel Rules and Regulations; (2) all nonfirefighter personnel who perform clerical and technical duties for Poudre Fire Authority; (3) any employee of the City who qualifies under the following criteria: (a) the employee became a Member in the Plan-while in a classified position; (b) either (i) the Employee's classified position was thereafter converted to an unclassified position, or (ii) the Employee thereafter transferred from a classified position into an unclassified position; (c) at the time of the conversion or transfer into an unclassified position, the Employee elected to remain a Member and continue to accrue Credited Service; and (d) the Member does not (i) elect to withdraw from the Plan (in the event of such withdrawal the Member shall be ineligible to return or accrue additional Credited Service unless he becomes employed in a classified position), or (ii) incur any Break in Service as defined herein, except, however, that a Member shall be deemed to have returned to service whether the return is to a classified or unclassified position; and (4) leased employees within the meaning of Code Section 414(n)(2), if such leased employees constitute twenty percent or more of the Employer's nonhighly compensated workforce within the meaning of Code Section 414(n)(5)(C)(ii). o. "Final Average Monthly Compensation" means 1/60th of a Member's total Compensation during the 60 consecutive full calendar months of Credited Service out of his last 120 calendar months of Credited Service, which will produce the highest average monthly compensation. If a Member has less than 60 consecutive full calendar months of Credited Service, his Final Average H-4 F06PDO54.WP1:10 Monthly Compensation shall be 1/60th of his total Compensation during 60 successive full calendar months during the last 120 calendar months of Credited Service that would yield the highest average, or the average of his total Compensation during all full calendar months of Credited Service, if less than 60 months. P. "Funding Aeent" means any insurance company or trustee appointed by the Retirement Committee as provided in Article XII, or the Retirement Committee, if no designation has been made. q. "Funding Agreement" means the insurance contract with the insurance company or the trest agreement with the trustee as approved by the Retirement Committee for the purpose of the investment and management of Retirement Fund assets. r. "Insurance Company" means any insurance company or companies appointed by the City Council as provided in Article XII. S. 'Member' means any person included in the membership of this Plan as provided in Article III hereof, including an Employee who qualifies for Disability as defined in Section 21. of Article II. t. "Plan" means the City of Fort Collins' General Employees Retirement Plan (As Restated Effective January 1, 1992) as it may be amended. U. "Plan Year" means the calendar year. V. "Retired Member" means a former member whose employment terminated by reason of retirement or Disability and who is receiving or is entitled to receive, or whose Beneficiary or estate is entitled to receive, benefits under this Plan. W. "Retirement Benefit" or "Pension" means any retirement benefit provided for in Article VI hereof. X. "Retirement Fund" or "Fund" means the "City of Fort Collins' General Employees Retirement Fund," maintained by the Retirement Committee or in accordance with the terms of any Funding Agreement, as amended from time to time, which constitutes a part of this Plan. 11-5 P06PDO54.WP1:11 y. "Service" shall mean service rendered as a Covered Employee of the City. Z. 'Trustee" shall mean any qualified and acting Trustee appointed by the City Council as a Named Fiduciary for the investment and management of Plan assets. aa. "Vested Member" means a former Member whose Credited Service has terminated by reason other than retirement or Disability and who is entitled to receive, or whose Beneficiary or estate is ertitled to receive, benefits under this Plan. A Vested Member shall become a Retired Member upon actual retirement. Section 3. Construction. The masculine gender, where appearing in the Plan, shall be deemed to include the feminine gender and words used in the singular shall include the plural unless the context clearly indicates the contrary. Words such as "hereof," "herein," and "hereunder," shall refer to the entire Plan, not to any particular provision or Section. The Plan and Funding Agreement shall each form a part of the other by reference and terms used therein shall be interchangeable. H-6 P06PD054.WP1:12 ARTICLE III Membership Section 1. Employees on January 1. 1971. Every person who was an Employee of the City of Fort Collins on January 1, 1971 became a Member in the Plan on such date. Section 2. Employees Hired After December 31. 1970. Each Employee of the City hired after December 31, 1970, shall become a Member in the Plan on his date of employment. Effective January 1, 1990, an Employee must also be in Covered Employment to become a Member. Section 3. Termination. Membership of any Member shall terminate (except as a Vested Member) if and when he shall cease to be in Covered Employment for any reason, except as provided in Article IV, Section 2. Section 4. Withdrawal. Unless otherwise provided herein, once an Employee has become a Member of the Plan, he may not withdraw from membership in the Plan unless he ceases to be an Employee. III-1 F06PDOUMP1:13 ARTICLE IV Credited Service Section 1. Credited Service. A Member's Credited Service shall be used to determine his Accrued Benefit and eligibility for benefits under the Plan. A Member's Credited Service is the elapsed time period from his date of employment with the City, as an Employee, to his date of termination of such employment, except as limited within this Section. A Member shall accrue Credited Service under the Plan for any period of time during which the Member: a. is qualified for either: (1) a total Disability as defined in subsections 1, 2 or 3 of Article II, Section 2.k.; or (2) a temporary total disability in the judgment of the City's designated worker's compensation physician; b. is receiving Disability Benefits; and C. is not receiving any payment from this Plan. A Member may also accrue Credited Service under the Plan for any period of time up to a maximum accrual of two (2) years during which the Member: a. is qualified for a permanent partial disability in the judgment of the City's designated worker's compensation physician, administrative law judge or, if appealed, the court issuing the final judgment; b. is not working as an Employee in Covered Employment; C. is receiving Disability Benefits; and d. is not receiving any payment from this Plan. IV-1 P06PD054.WP1:14 In the event a Member receives a lump sum disability benefit payment in lieu of ongoing payments, the period of accrual of Credited Service shall be the period of entitlement which provided the basis for calculation of the lump sum amount. Section 2. Breaks in Service. A Member shall incur a Break in Service if his service as an Employee terminates and he does not return to service as an Employee within five (5) years of the date such service terminated. The Retirement Committee shall have the power to determine when a Break in Service shall have occurred, and such determination shall be made in a nondiscriminatory manner. However, the following shall not be considered as a Break in Service: a. A temporary lay-off because of an illness or for purposes of economy, suspension, or dismissal, followed by reinstatement, reemployment or reappointment within one year. b. A formal leave of absence followed by reinstatement, reemployment or reappointment within 30 days after termination of the leave of absence. C. A leave of absence on account of entering into the military service of the United States, followed by a return to employment as an Employee of the City within 90 days after the time when a discharge from such military service was first available to such Member. Credited Service shall not include the time during which a Member is not in active service of the City for any of the reasons stated in this Section 2. Upon incurring a five (5) year Break in Service, a Member shall lose all his prior Credited Service. If a Member returns to service as an Employee in Covered Employment prior to incurring a five (5) year Break in Service and repays the Fund, within six (6) months of rehire, any amounts received because of his prior termination, IV-2 F06PDO54.WP1:15 with interest (at the rate used to determine an Actuarial Equivalent) from the date received to the date of repayment, the prior Credited Service for which such amounts were received shall be restored. Any Member of the Plan as of the effective date of this amendment and restatement who would be affected by this provision shall have until six (6) months after final adoption of this amendment and restatement to make the repayment, if any, and have his prior Credited Service restored. Section 3. Effect of Other Plans. Credited Service shall not include any period on the basis of which a retirement benefit is payable under any other defined benefit retirement or pension plan to which the City made contributions, other than benefits payable under the Federal Social Security Act. Section 4. Miscellaneous. No period of Credited Service shall be deemed to be increased or extended by overtime. In determining all Credited Service, service for fractional years shall be allowed on the basis of 1/12th year for each full month of employment as an Employee. All phrases such as "employment with the City" (or "employment with the City of Fort Collins") and "Employees of the City" (or "Employees of the City of Fort Collins") are hereby deemed to include "employment with Poudre Fire Authority" and "nonfirefighter, clerical and technical Employees of Poudre Fire Authority." IV-3 F06PDOU.WP1:16 ARTICLE V Retirement Dates Section 1. Normal Retirement. The Normal Retirement Date of a Member shall be his 65th birthday upon which date he shall become fully vested in his Accrued Benefit. For purposes of the commencement of payment of a Retirement Benefit, Normal Retirement Date shall mean the first of the month coincident with or following a Member's 65th birthday. Section 2. Early Retirement. A Member or Vested Member who has attained the age of 55 years and has completed at least six years of Credited Service may elect to retire as of the first day of any calendar month, which shall not be less than 30 nor more than 90 days after the filing of written notification with the Retirement Committee. Section 3. Delayed Retirement. A Member may continue in the employment of the City after his Normal Retirement Date. If the retirement of a Member is delayed under this Article V, Section 3, his "Delayed Retirement Date" shall be the first day of the month, coincident with or next following the date of his actual retirement. As a condition precedent to continuance in employment beyond the Normal Retirement Date, the Member shall file with the Retirement Committee a written designation of a Beneficiary, whether or not the Member elects one of the optional forms of benefits in accordance with Article VII. V-1 F06POQS6.WP1:17 Section 4. Disabilityy Retirement. If a Member's employment by the City terminates by reason of his Disability, he shall be eligible for a Disability Benefit commencing on the first day of the month, coincident with or next following his 65th birthday, or upon termination of his long-term disability insurance benefits, if later. Disability shall be considered to have ended if, prior to his 65th birthday, the Member loses his qualification for Disability and is no longer entitled to any additional Credited Service under Section 1 of Article IV for his Disability. If Disability ceases prior to the Member's 65th birthday, no Disability Benefits shall be paid to or for him. If the Member's Disability ceases prior to his 65th birthday (and if he is not reemployed by the City as an Employee) and if he has met the requirements for an Early or Deferred Vested Benefit pursuant to Articles V or IX on the date of his recovery from Disability, he shall be entitled to receive a benefit equal in amount to the Early or Deferred Vested Benefit to which he would have been entitled as of the date of his recovery, considering his Final Average Monthly Compensation at the date Disability commenced and his Credited Service on the date of his recovery from Disability. A Member's Early Retirement or deferred Retirement Benefit shall be based on his Annual Rate of Compensation at the date of disablement if: a. the Member's employment by the City ends as a result of his Disability; V-2 F06PDD64.WP1:l$ b. the Member does not return to work for the City as an Employee; and C. the Member has accrued sufficient Credited Service for Early Retirement under Article V, Section 2 or for a deferred Retirement Benefit under Article IX, Section 2. Section 5. Retirement Date. A Member's "Retirement Date" shall be on his Normal Retirement Date, his Early Retirement Date, his Delayed Retirement Date, or his Disability Retirement Date, whichever is applicable. V-3 P06PDO54.WP1:19 ARTICLE VI Retirement Benefits Section 1. Normal or Delved Retirement. Upon retirement at or after his Normal Retirement Date, each Retired Member shall receive a monthly Retirement Benefit equal to 11/2% of the Member's Final Average Monthly Compensation multiplied by the total number of years of the Member's Credited Service. Section 2. Early Retirement. A Member or Vested Member, eligible for early retirement and retiring prior to his Normal Retirement Date, shall be entitled to a reduced Retirement Benefit which shall be his Vested Accrued Benefit on his Early Retirement Date, reduced by 1/180 for each of the first 60 months and 1/360 for each additional month by which the payments commence prior to the first of the month following his Normal Retirement Date. Section 3. Disability Retirement. The Disability Retirement benefit of a Member eligible therefor shall be his Accrued Benefit on the date his Benefit commences, based on his Annual Rate of Compensation at his date of disablement, and the Credited Service as defined in Article IV, Section 1. VI-1 P06PDOS4.WP1:20 Section 4. Payment of Benefits. The basic monthly Retirement Benefit, computed as set forth above, shall be paid in equal monthly payments commencing on the last day of the month on or after the Retirement Date, and continuing at monthly intervals for the Retired Member's lifetime thereafter. If a Retired Member or Beneficiary should die during a monthly interval, a partial monthly payment shall be paid. Retirement Benefits shall not be paid to any Retired Member during any period of employment subsequent to his actual retirement date during which he is receiving Compensation and is considered an Employee of the City. Monthly payments shall commence on the last day of the month, following the month of such Retired Member's subsequent termination of service with the City as an Employee and shall be determined pursuant to Section 2 of Article XVI. Section 5. Minimum Periodic Payment. If the amount of the monthly Retirement Benefit payable to a retired Member is less than $100, the Retirement Committee shall make Actuarially Equivalent Retirement Benefit payments in a single sum. Section 6. Accrued Credits and Vested Benefits Under the Previous Plan Preserved The restatement of the previous Plan by this Plan shall not operate to exclude, diminish, limit or restrict the payment or continuation of the payment of benefits accrued prior to the Effective Date of this Plan. The amount and payment of any such previous Plan benefits, shall be continued by the Funding Agent under the VI-2 F06PDO54.WP1:21 Funding Agreement forming a part of this Plan, in the same manner, undiminished, preserved, and fully vested under this Plan, except as provided in Section 7 of this Article VI. The eligibility for, and amount of, any benefit of any kind, payable under this Plan to or for any person who was a Member of the previous Plan and who became a Member of this restated Plan as of January 1, 1992, shall be determined under the provisions of this Plan. Section 7. Increased Benefits for Retired Members and Beneficiaries as of July 1. 1990. Effective July 1, 1990, the monthly benefit of Retired Members and Beneficiaries whose payments commenced prior to July 1, 1989, were increased. Such increase was as follows: Commencement Date Percentage Amount Payment of First Benefit of Increase in to Retired Members or Beneficiaries Monthly Benefits June 30, 1989 - July 1, 1990 0% June 30, 1988 - July 1, 1989 3% June 30, 1987 - July 1, 1988 6% June 30, 1986 - July 1, 1987 9% June 30, 1985 - July 1, 1986 12% June 30, 1984 - July 1, 1985 15% November 1, 1983 - July 1, 1984 18% Prior to November 1, 1983 20% VI-3 FOODOM.WI:22 ARTICLE VII Optional Forms of Benefits Section 1. General. Subject to such uniform rules and regulations as the Retirement Committee may prescribe and the spousal consent as required in Section 5 of this Article, a Member or Vested Member may, in lieu of the basic Retirement Benefits provided in Article VI, elect one of the following forms of Retirement Benefits which shall be the Actuarial Equivalent of the benefit to which he would otherwise be entitled. The Member or Vested Member must make any election of an optional form of benefit in writing, and such election must be filed with the Retirement Committee at least 30 days prior to the due date of the first payment of his Retirement Benefits under this Plan. The election of an optional form of benefit may be changed at any time prior to 30 days preceding the due date of the first payment of Retirement Benefits under the Plan. However, an optional form of benefit may not be elected unless the value of the payments expected to be paid to the Member exceeds 50% of the value of the total benefits to be paid under such optional form of benefit. Section 2. 100% Joint and Survivor Benefit. The Member may elect a 100% Joint and Survivor Benefit which provides reduced monthly Retirement Benefit payments during the Retired Member's life, and, upon his death after retirement, continues payments in the same reduced amount to a designated Beneficiary during the life of such Beneficiary. VII-1 FOODOUMP1:23 Section 3. 50% Joint and Survivor Benefit. The Member may elect a 50% Joint and Survivor Benefit which provides reduced monthly Retirement Benefit payments during the Retired Member's life, and, upon his death after retirement, continues payments in an amount equal to one-half of the amount of such reduced payment to a designated Beneficiary during the life of such Beneficiary. Section 4. 120 Months Certain and Life Benefit. The Member may elect a 120 Months Certain and Life Benefit which provides reduced monthly Retirement Benefit payments during the Retired Member's life, and in the event he dies prior to receiving 120 monthly payments, the same reduced amount shall be continued to his Beneficiary until a total of 120 monthly payments have been made. Section 5. Beneficiary. Each active, Vested or Retired Member may designate a Beneficiary to receive any benefit that may become payable under this Plan by reason of his death. However, if a married Member wishes to designate someone other than his spouse to be his Beneficiary, such designation will not become effective unless his spouse (if his spouse can be located) consents in writing to such designation, acknowledges the effect of such designation and has such consent and acknowledgement witnessed by a Plan representative or a notary public. Such designation shall not become effective until filed with the Retirement Committee. If any Member shall fail to designate a Beneficiary, or if the one designated by him predeceases him, then the Retirement Committee is hereby empowered to designate a Beneficiary (or Beneficiaries) on his behalf, but only from among the following with priority in the order named below, which shall include persons legally adopted: VII-2 F06PD064.WP1:24 a. his spouse, or if none; b. his children and children of deceased children, by right of representation, or if none; C. his parents, or if none; d. his brothers and sisters and nephews and nieces who are children of deceased brothers and sisters, by right of representation, or if none; e. his estate. VII-3 F06PDO54.wP1:25 ARTICLE VIII Death Benefits Section 1. Death of an Active Member. a Disabled Member or a Vested Member Prior to Normal Retirement Date. In the event that a Member, who has attained age 55 and has completed at least six years of Credited Service, and who is actively employed by the City or whose employment terminated after having completed such age and service requirements, dies prior to his Normal Retirement Date and prior to the commencement of his Retirement Benefit, a death benefit will be paid. If the Member was married on his date of death, a life benefit shall be paid to his surviving spouse in an amount equal to 50% of the Member's Accrued Benefit on his date of death. In the event such spouse dies prior to receiving 60 monthly payments, the same amount shall be continued to the spouse's Beneficiary until a total of 60 monthly payments have been made. If the Beneficiary dies before the 60 monthly payments have been made, the remaining payments or the Actuarial Equivalent of the remaining payments, shall be paid in a single sum to the estate of such Beneficiary. If the Member was not married on his date of death, a benefit shall be paid to the Member's designated Beneficiary (or if none, his estate), in an amount equal to 50% of the Member's Accrued Benefit on his date of death. Such benefit may be paid over a 60-month period or in an Actuarially Equivalent single sum payment. VIII-1 P06P".WP1:26 Section 2. Death of an Active Member Between Normal and Delayed Retirement Dates. In the event a Member continues in City employment after his Normal Retirement Date, and dies before actually retiring, then he shall be deemed to have retired on the first day of the calendar month in which he dies. If no other form of payment has been elected, the Member shall be deemed to have elected the 100% Joint and Survivor Optional Form of Benefit provided for in Article VII, Section 2, and payments shall be made in accordance with this option to the Beneficiary designated by the Member. Section 3. Death of a Retired Member. In the event a Retired Member dies while receiving Retirement Benefit payments, his death benefit, if any, will be determined by the form of Retirement Benefit being paid. If a Retired Member or Beneficiary should die during a monthly interval, a partial monthly payment shall be paid. Section 4. Uniform Simultaneous Death Act. The provisions of any State law providing for the distribution of estates under the Uniform Simultaneous Death Act shall govern the distribution of money payable under this Plan when applicable. VIII-2 Foeennsa.wrIm ARTICLE IX Severance Benefits Section 1. Coverage. Benefits shall be paid to a Member under this Article if his employment terminates for reasons other than retirement, disability or death. Section 2. Six or More Years of Service. In the event a Member's employment terminates prior to his Normal Retirement Date, and he has six or more years of Credited Service, he shall become a Vested Member. A Vested Member shall be entitled to a deferred Retirement Benefit which shall be the vested portion (as shown in the table below) of his Accrued Benefit on the date of the termination of his Credited Service. Completed Years Percent of Vested Of Credited Service Accrued Benefit Less than 6 0% 6 20% 7 40% 8 60% 9 80% 10 or more 100% Such deferred Retirement Benefit shall be payable at the Vested Member's Normal Retirement Date. IX-1 F06PDQ64.WPi:28 If the deferred Retirement Benefit to which a Vested Member will be entitled at his Normal Retirement Date is less than $100.00 per month, the Vested Member shall be paid, one year after his employment terminates, a single sum equal to the Actuarial Equivalent of such deferred Retirement benefit, in lieu of all other benefits due to such Vested Member under this Plan. In lieu of receiving a deferred Retirement Benefit upon his Normal Retirement Date, the Vested Member may elect to receive a reduced Retirement Benefit beginning upon the last day of any month subsequent to his attainment of age 55. The reduction shall be 1/180 for each of the first 60 months and 1/360 for each additional month beyond the first 60 months by which payments commence prior to the first of the month following his Normal Retirement Date. IX-2 F06PDQ50.WP(:29 ARTICLE X Contributions Section 1. Member Contributions. Members are not required or permitted to make contributions under this Plan. Section 2. City Contributions, The City shall make contributions to the Fund adequate to finance the benefits which the Plan provides on a sound actuarial basis. The required contributions to the Plan shall be determined by a competent actuary. The City expects to continue such contributions to the Plan, but assumes no responsibility to do so and reserves the right to suspend or to reduce contributions at any time upon appropriate action by an amendment to the Plan by the City Council. Notwithstanding any other provisions hereof or any amendment hereto to the contrary, at no time shall any assets of the Fund revert to, or be recoverable by, the City or be used for, or diverted to, purposes other than for the exclusive benefit of Members, Retired Members, Vested Members, or their Beneficiaries under the Plan except such funds which upon termination of the Plan are in excess of the amount required to fully fund the Plan and which are due to erroneous actuarial assumptions. Section 3. Application of Forfeitures. Any amount forfeited because of termination of employment of a Member prior to his having become 100% vested in his Retirement Benefits (because of his death or for any other reason), shall not be applied to increase the benefits provided by the Plan unless such benefits are increased by appropriate amendment, as provided in Article XIV. X-1 F06PDO54.WP1:70 ARTICLE XI Administration of the Plan Section 1. Retirement Committee. A Retirement Committee composed of five members shall administer the Plan. One of said members shall be the Director of Finance, who shall keep all records and minutes of meetings. Three of said members, other than the Director of Finance, shall be Employees who are covered by the Plan. All members of the Committee, other than the Director of Finance, shall be appointed by the City Council to serve at its pleasure and for overlapping terms designated by the City Council. All members of the Committee who are not Employees of the City shall be tax-paying electors of the City. A majority of the five members of the Committee shall constitute a quorum All actions taken by the Committee shall be approved by a majority vote of all of the members of the Committee present. No member of the Committee shall receive compensation for his service on the Committee but a member may be reimbursed for reasonable expenses incurred in connection with his duties as a member of the Committee. Section 2. Manafement of the Plan. The Retirement Committee shall have all powers necessary to effect the management and administration of the Plan in accordance with its terms, including, but not limited to, the following: a. To designate a Funding Agent, which may be the Retirement Committee, to manage the Retirement Fund. M-1 F06PDO54.WP1:31 b. To establish rules and regulations for the administration of the Plan, for managing and discharging the duties of the Committee, for the Committee's own government and procedure in so doing, and for the preservation and the protection of the Funds. C. To interpret the provisions of the Plan and to determine any and all questions arising under the Plan or in connection with the administration thereof. A record of such actions and all other matters properly coming before the Committee shall be kept and preserved. d. To determine all considerations affecting the eligibility of any Employee to be or become a Member of the Plan. e. To determine the Credited Service of any Member and to compute the amount of Retirement Benefit, or other sum, payable under the Plan to any person. f. To authorize and direct all disbursements of Retirement Benefits and other sums under the Plan. g. With the advice of its actuary, to adopt, such mortality and other tables as it may deem necessary or appropriate for the operation of the Plan from time to time. h. To make or arrange for valuations and appraisals of Fund assets held under the Plan, and, with the advice of the actuary, to determine the liabilities of the Plan. i. To hold assets of the Plan in a special account entitled "Retirement Plan Fund," and invest and reinvest the same and to make such withdrawals therefrom as are authorized by the Plan for the payment of Retirement Benefits and the expenses of the Committee and the members thereof. j. To maintain such records and accounts and to render such financial statements and reports as may be required by the City Council. k. To authorize one or more members of the Retirement Committee to sign all legal documents and reports on behalf of the Retirement Committee. Section 3. Miscellaneous. All proper expenses incurred by the Retirement Committee in the administration of the Plan, if not paid by the City, shall be paid from the Fund when authorized by the Retirement Committee. XI-2 FOODOUMP1:32 The Retirement Committee shall have no power to add to, subtract from or modify any of the terms of the Plan, nor to change or add to any benefits provided by the Plan, nor to waive or fail to apply any requirements of eligibility for Retirement Benefits under the Plan. A member of the Retirement Committee shall not vote on any matter relating solely to himself or to his rights or benefits under the Plan. If a Committee member is so disqualified to act and the remaining members cannot agree, the City Council shall appoint a temporary substitute member to exercise all of the powers of the disqualified member concerning the matter in which he is disqualified. The decision of the Retirement Committee and any action taken by it in respect to the management of the Plan shall be conclusive and binding upon any and all Employees, officers, former Employees and officers, Members, Retired Members, Vested Members, their Beneficiaries, heirs, distributees, executors, and administrators and upon all other persons whomsoever, but the Committee at all times shall act in a uniform and nondiscriminatory manner. Neither the establishment of this Plan nor any modifications thereof or any action taken thereunder or any omission to act, by the Retirement Committee, the City Council or any of their members shall be construed as giving to any Member or other person any legal or equitable right against the City or any officer or employee thereof or against the Retirement Committee, the City Council, or any of their members. XI-3 P06PDO50.WPI:33 ARTICLE XII Method of Funding Section 1. F n in . The Retirement Committee shall decide whether it shall handle the Fund or shall appoint an insurance company, a trustee, or another funding vehicle, to hold and invest the Retirement Fund. The Retirement Committee shall have the power to change such funding at any time upon notice required by the terms of the Funding Agreement. Section 2. Assets. All of the assets of the Plan shall be held by the Funding Agent acting under a Funding Agreement for use in providing the benefits under the Plan. No part of the said corpus or income shall be used for or diverted to purposes other than for the exclusive benefit of the Members, Retired Members, Vested Members, their Beneficiaries or estates under the Plan, prior to the satisfaction of all liabilities hereunder with respect to them, except such funds which, upon termination of the Plan, are in excess of the amount required to fully fund the Plan and are due solely to erroneous actuarial assumptions. No person shall have any interest in or right to any part of the assets of the fund except as and to the extent expressly provided in the Plan. Section 3. Duties of the Funding Agent. The duties of the Funding Agent shall include but shall not be limited to the following: a. It shall receive from the City, all contributions to the Fund herein established. b. It shall receive all of the income from the Fund. XII-1 FOODOUMP1:30 C. It shall pay out of the Fund, upon written instructions from the Retirement Committee, the funds required for payments under the Plan. d. It shall invest and reinvest the corpus and income of the Fund, subject to the requirements of the Plan, as directed by the Retirement Committee and as set forth in the funding agreement. e. It shall maintain such records and accounts of the Fund, and shall render such financial statements and reports thereof, as may be required from time to time by the City Council or the Retirement Committee. Section 4. Investment Powers. The investment of the corpus of the Fund shall be made according to the powers and limitations set forth in the Funding Agreement. XII-2 F06PDO56.WPi:35 ARTICLE XIII Retirement Benefits and Rights Inalienable Section 1. Inalienability. Members, Retired Members, Vested Members and their Beneficiaries under the Plan are hereby restrained from selling, transferring, anticipating, assigning, hypothecating, or otherwise disposing of their Retirement Benefit, prospective Retirement Benefit, or any other rights or interest under the Plan, and any attempt to anticipate, assign, pledge, or otherwise dispose of the same shall be void. Said Retirement Benefit, prospective Retirement Benefit and rights and interests of said Members, Retired Members, Vested Members or Beneficiaries shall not at any time be subject to the claims of creditors or liabilities or torts of said Members, Retired Members, Vested Members or Beneficiaries, nor be liable to attachment, execution, or other legal process. Notwithstanding the foregoing, the Retirement Committee may approve payment to an alternate payee based upon any assignment for child support purposes as provided for in sections 14-10-118(1) and 14-14-107, C.R.S., or any writ of garnishment which is the result of a judgment taken for arrearages for child support or for child support debt and such payment shall not be deemed to be a prohibited alienation of benefits. Section 2. Bankruptcy. If any Member, Retired Member, Vested Member or Beneficiary shall become bankrupt or attempt to anticipate, assign or pledge any benefits under this Plan, then such benefits shall cease, and in that event the Retirement XIII-1 F06POO54.WP1:36 Committee shall have the authority to cause the same, or any part thereof, to be held or applied to or for the benefit of such Member, his spouse, his children, or other dependents, or any of them, in such manner and in such proportions as the Retirement Committee shall decide. XIII-2 F06PDOS4.WPl:37 ARTICLE XIV Modification or Termination of Plan Section 1. Expectation. It is the expectation of the City Council that it will continue this Plan and the payment of its contributions hereunder indefinitely, but continuance of the Plan is not assumed as a contractual obligation of the City. Section 2. Amendment. The City Council reserves the right to alter, amend, or terminate the Plan or any part thereof in such manner as it may determine, and such alterations, amendment or termination shall take effect upon notice thereof from the City Council to the Retirement Committee; provided that no such alteration or amendment shall permit any part of the Fund to revert to or be recoverable by the City or to be used for or diverted to purposes other than for the exclusive benefit of Members, Retired Members, Vested Members or Beneficiaries under the Plan, except such monies, if any, that may remain after termination of the Plan and the funding agreement (and after satisfaction of all liabilities with respect to Members, Retired Members, Vested Members and Beneficiaries under the Plan) and which are due solely to erroneous actuarial assumptions. Section 3. Approval Under the Internal Revenue Code. The Plan is intended to comply with the requirements of the applicable provisions of Code Section 401(a) as now in effect or as hereafter amended, and any modification or amendment of the Plan may be made retroactive, as necessary or appropriate, to establish and maintain such compliance. ) IV-1 P06PDO54.WP1:38 Section 4. Discontinuance. The City Council reserves the right at any time and for any reason satisfactory to it to discontinue permanently all contributions under this Plan. Such discontinuance shall be deemed to be a complete termination of the Plan. Section 5. Termination. In the event of a partial or complete termination of the Plan, all affected monies covered by the Plan and the funding agreement shall be allocated to Members, Retired Members, Vested Members and Beneficiaries in proportion to the actuarial reserves for each Member's (or Beneficiary's) Accrued Benefit at the date of termination of the Plan. Section 6. Distribution. When the monies covered by the Plan and the funding agreement have been allocated as indicated above, the distribution may be made in the form of cash or nontransferable annuity contracts as determined by the Retirement Committee, provided that any monies remaining after the satisfaction of all liabilities to Members, Retired Members, Vested Members and Beneficiaries under the Plan may be withdrawn by the Retirement Committee from the Fund and refunded to the City. )UV-2 F06PD053.WP1:39 ARTICLE XV Benefit Restrictions on Early Termination Section 1. Restrictions. Notwithstanding any other provision hereof, the benefits provided by City contributions for Members described in Section 2 herein shall be subject to the following conditions: a. Payment in full shall be made of such benefits which have been provided by City contributions not exceeding the larger of the following amounts: (i) $20,000; or (ii) an amount equal to 20% of the first $50,000 of the Membees average regular annual Compensation multiplied by the number of years between the date of the establishment of this Plan and (1) the date that the Plan terminates or (2) if benefits become payable to a Member described in Section 2 herein within ten years after the date of the establishment of this Plan, the date the benefits of such Member first become payable (if before the date of termination of this Plan) or (3) if benefits become payable to a Member described in Section 2 herein after the Plan has been in effect for ten years and if the full current costs of the Plan for the first ten years have not been met or if the full current costs have not been met on the dates referred to in (1) or (2) above, the date of the failure to meet the full current costs; b. If (1) this Plan is terminated within ten years after its establishment or (2) the benefits of any of the Members described in Section 2 herein become payable within ten years after the establishment of this Plan or (3) the benefits of any of such Members become payable after this Plan has been in effect for ten years and at the time such benefits become payable the full current costs for the first ten years have not been met, the benefits which any of such Members may receive from City contributions shall not exceed the benefits set forth in paragraph a. of this Section. This limitation shall cease to be effective at such time, at or after the expiration of ten years from the date of the establishment of this Plan, if the full current costs of the Plan have first been met; XV-1 P06PDW4.WP1:40 C. If a Member described in Section 2 herein leaves the employ of the City, the benefits which he may receive from City contributions shall not at any time, within the first ten years after the establishment of this Plan; exceed the benefits set forth in a. herein, if, at the end of ten years after the date of the establishment of this Plan the full current costs of the first ten years have not been met, the benefits such Member may receive from City contributions shall not exceed the benefits set forth in a. herein until the first time that the full current costs of this Plan have been met; d. These conditions shall not restrict the full payment of any benefits on behalf of a Member who dies while this Plan is in full effect and its full current costs have been met; e. These conditions shall not restrict the current payment of full Retirement Benefits called for by this Plan for any Retired Member while this Plan is in full effect and its full current costs have been met; f. This Section is intended to conform to the requirements of Treasury Regulation, Section 1.401-4(c) and shall cease to be effective at such time as the provisions of Treasury Regulation 1.401-4(c) or any substitute therefor are no longer effective or applicable. Section 2. Members Affected by Section 1. The Members referred to in Section 1 herein shall be limited to those whose anticipated annual benefit hereunder shall exceed $1,500 and who at the Effective Date hereof are among the twenty-five highest paid employees of the City, whether or not initially eligible for membership. Section 3. Amendment of the Plan. If the Plan is amended to increase benefits which would substantially increase the extent of possible discrimination as to contributions or as to benefits upon termination of the Plan, the restrictions set forth in Section 1 of this Article XV shall be applied to the Plan as if it were a new plan established on the date of such change. XV-2 F06PDQ54.WP1:41 ARTICLE XVI Limitations Section 1. Reemployment of Former Members. If a Member's employment terminates prior to becoming eligible for a Retirement Benefit and the Member is subsequently reemployed as an Employee, such Member shall not be entitled to receive credit for his previous Credited Service under the Plan, except as provided in Article IV. Section 2. Reemployment of Retired Members. If a Retired Member is reemployed as an Employee of the City, no Retirement Benefit payments shall be made during the period of such reemployment. Upon the subsequent termination of employment by such a Member, the Member shall be entitled to receive a Retirement Benefit based on his total Credited Service prior to the date of his previous Retirement, during the period of his reemployment and in the case of a disabled Member, his Credited Service while disabled. In the case of reemployment of a Retired Member who received any Pension payments prior to his reemployment, the Retirement Benefit payable upon his subsequent retirement shall be reduced by the Actuarial Equivalent of the Pension payments, other than Disability Pension payments, he received prior to his Normal Retirement Date. Section 3. Limitation of Benefits. Notwithstanding any other provision contained herein to the contrary, the benefits payable to an Employee from this Plan provided by City contributions shall be subject to the limitations of Code Section 415 in accordance with (1) and (2) below: XVI-1 F06PDO54.WP1:42 a. Defined Benefit Plan Only: Any annual Pension payable to an Employee hereunder shall not exceed the lesser of: (1) $90,000, adjusted for increases in the cost-of-living, as prescribed by the Secretary of the Treasury or his delegate, effective January 1 of each calendar year, or, if greater, the amount of straight life or qualified joint and survivor annuity accrued by the Member as of December 31, 1982. (2) 100% of the Employee's average earnings for the three consecutive calendar years, while a Member in the Plan, in which his earnings were the highest. For purposes of this subsection, earnings for She calendar year shall be the Employee's earned income, wages, salaries, and fees for professional services, and other amounts received for personal services actually rendered in the course of employment with the City (including, but not limited to, commission paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips and bonuses), provided such amounts are actually paid or includible in gross income during such year. Earnings shall exclude the following: (a) City contributions to a plan of deferred compensation which are not included in the Employee's gross income for the taxable year in which contributed or City contributions under a simplified employee pension plan to the extent such contributions are deductible by the Employee, or any distributions from a plan of deferred compensation; and (b) Other amounts which received special tax benefits, or contributions made by the city (whether or not under a salary reduction agreement) towards the purchase of an annuity described in Section 403(b) of the Code (whether or not the amounts are actually excludable from the gross income of the Employee). Except as provided below, the foregoing limitations shall not be applicable with respect to any Member whose annual Pension under this Plan is less than $10,000 if such Member has not at any time participated in any defined contribution plan maintained by the City. In the event that a Member has been credited with less than ten years of participation service, the maximum annual Pension allowable under this Section shall be reduced by multiplying such maximum annual Pension by a fraction, the numerator of which is the number of such Member's years of participation service and the denominator of which is ten. XVI-2 P06PD054.WP1:43 The preceding sentence shall, to the extent required by the Secretary of the Treasury, be applied separately to each change in benefit accrual rate hereunder. In the event that a Member has been credited with less than ten (10) years of participation service, the percentage-of-average-earnings limitation otherwise applicable under (b) above and the dollar amount otherwise applicable under the first sentence of this paragraph shall be reduced by multiplying each by a fraction, the numerator of which is the number of such Member's years of participation service (or part thereof), but never less than one (1), and the denominator of which is ten (10). The limitations of this Section apply to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity, provided payment begins between ages 62 and 65. If payment commences before age 62, the foregoing limitations shall be reduced so that they are Actuarially Equivalent to such a benefit commencing at age 62. However, the reduction of this paragraph shall not reduce the limitation below $75,000, if payment commences after age 55, or below the Actuarial Equivalent of $75,000 commencing at age 55, if payment commences before age 55. If payment commences after age 65, the limitation shall be the Actuarial Equivalent of a $90,000 annual benefit commencing at age 65. The interest assumption for purposes of determining Actuarial Equivalency under this paragraph shall be the interest rate otherwise used for purposes of computing optional forms of income payable under the Plan, but the rate shall not be less than 5% annually if benefits commence before age 62 and shall not exceed 5% annually if benefits commence after age 65. In no event shall a Member's maximum annual Pension allowable under this Section be less than the annual amount of Pension (including Early Retirement Benefits and qualified joint survivor annuity amounts) duly accrued by such Member under Code Section 415 limitations then in effect as of December 31, 1982 (disregarding any plan changes or cost-of-living adjustments occurring after July 1, 1982, as to the 1982 accrued amount). b. Defined Benefit and Defined Contribution Plans: If, in any Limitation Year, a Member also participates in one or more defined contribution plans maintained by the City, then for such Limitation Year, the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction (as described below) for such Limitation Year shall not exceed one. The Defined Benefit Fraction for any Limitation Year shall mean a fraction (a) the numerator of which is the projected annual benefit of the Member under the Plan (determined as of the close of the Limitation Year), and (b) the denominator of XVI-3 F06PDO54.WP1:" which is the lesser of 125% of the dollar limitation under Code Section 415(b)(1)(A) or 140% of the percentage limitation under Code Section 415(b)(1)(B) for the year of determination (taking into account the effect of Section 235(g)(4) of the Tax Equity and Fiscal Responsibility Act of 1982). The Defined Contribution Fraction for any Limitation Year shall mean a fraction (a) the numerator of which is the sum of the annual additions (as defined in Code Section 415(c)(2)) to the Member's accounts under all defined contribution plans maintained by the City as of the close of the Limitation Year (subject to reduction to the extent permitted under the transition rule in Section 235(g)(3) of the Tax Equity and Fiscal Responsibility Act of 1982), and (b) the denominator of which is the sum of the lesser of 125% of the dollar limitation under Code Section 415(c)(1)(A) or 140% of the percentage limitation under Code Section 415(c)(1)(B) for such Limitation Year and for all prior Limitation Years during which the Employee was employed by the City (provided, however, at the election of the Committee, the denominator shall be increased by using (for Limitation Years ending prior to January 1, 1983), an amount equal to the denominator in effect for the Limitation Year ending in 1982, multiplied by the transition fraction provided in Code Section 415(e)(6)(B)). If, in any Limitation Year, the sum of the Defined Benefit Plan Fraction and the Defined Contribution Plan Fraction for a Member would exceed one without adjustment of the amount of the maximum annual Pension that can be paid to such Member under paragraph (1) of this Section, then the amount of the maximum annual Pension that can be paid to such Member under paragraph (1) of this Section, shall be reduced to the extent necessary to reduce the sum of the Defined Benefit Plan Fraction for such Member to one, or the Committee may take such other actions as will cause the sum to equal one or less. For purposes of this Section, the Limitation Year shall be the calendar year. Section 4. Consolidation or Merger. This Plan shall not be merged or consolidated with, nor shall any assets or liabilities be transferred to any other Plan, unless the benefits payable to each Member (if the Plan were terminated immediately after such action) would be equal to or greater than the benefits to which such Member would have been entitled if this Plan had been terminated immediately before such action. XVI-4 F06PDO54.WP1:45 RECOMMENDED AND APPROVED in Fort Collins, Colorado this -7tt' day of APri I 1992. CITY OF FORT COLLINS, COLORADO BY: 1 \ Mayo A'I'i'EST: City Clerk XVI-5 F06PD054.WPIA6