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HomeMy WebLinkAbout1990-041-03/20/1990-AMENDING FIRE FIGHTERS PENSION PLAN RESOLUTION 90- 41 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS FIRE FIGHTERS PENSION PLAN WHEREAS, fire fighters hired by the City prior to April 8, 1978, have been members of the City of Fort Collins Fire Fighters Pension Plan; and WHEREAS, the Plan is a defined benefit plan; and WHEREAS, Section 31-30-1003.3, C.R.S. , authorizes the City to offer the active participants in the Plan the option of converting to a money purchase plan; and WHEREAS, the City Council desires to begin the process of amending the Plan to offer such an option. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City of Fort Collins Fire Fighters Pension Plan is hereby amended by adding thereto a new Article XVI, which shall read as follows: ARTICLE XVI Money Purchase Plan Retirement Option; Transfer of Funds 16. 1 Conversion Option: Each current Employee shall , subject to final determination by the City, have the option of converting from this plan to a money purchase plan adopted by Poudre. The Employee's decision to convert must be made in writing, on or before June 15, 1990, and is irrevocable. 16.2 Waiver and Release Requirement: On or before June 15, 1990, each current Employee who wishes to exercise the option of converting to a money purchase plan must sign a Waiver and Release, waiving all rights to a defined benefit and releasing the City and Poudre from any liability to the Employee or his/her beneficiaries for such a defined benefit, or any claim based upon the conversion to a money purchase plan. Failure to sign such Waiver and Release shall be construed as the Employee's election to remain in the defined benefit plan. 16.3 Transfer of Funds: Each current Employee who chooses to exercise the option to convert to a money purchase plan shall have his/her account transferred to the money purchase plan adopted by Poudre for the benefit of Employees hired before April 8, 1978, after the following events have occurred: A. The money purchase plan for the benefit of Employees hired before April 8, 1978, has been formally adopted by Poudre; and B. The City has received a favorable determination for this plan amendment under the Code; and C. The City has made its final determination and authorized the transfer of the funds. 16.4 Determination of Amounts for Transfer: The amount transferred on behalf of each such Employee shall be determined as follows: The Participant's Account Balance, as defined in the money purchase plan to be adopted by Poudre for the benefit of Employees hired before April 8, 1978, shall be credited with the greater of the two (2) amounts described below: A. The total amount of the contributions, plus earnings thereon, paid by the Employee to the Plan through December 31, 1989; or B. The present value of the accrued benefits of the particular Employee under the Plan through December 31, 1989. 16.5 Holding Account: Amounts accumulated from Employer and Employee contributions beginning January 1, 1990, shall be held by the City in an interest bearing, holding account and shall be eligible for transfer to the money purchase plan adopted by Poudre for the benefit of employees hired before April 8, 1978, after the events described in Section 16.3 hereof have occurred. 16.6 Final Determination: Within ninety (90) days after the deadline for active Participants to exercise the conversion option, the City shall make the final determination as to whether to carry out the terms of such option and shall be under no obligation to do so. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 20th day of Ma h, A.D. 1990. ayor ATTEST: City Clerk