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HomeMy WebLinkAbout2013-005-02/05/2013-ADOPTING THE SECOND AMENDMENT TO THE CITY OF FORT COLLINS GENERAL EMPLOYEES' RETIREMENT PLAN AS AMEN RESOLUTION 2013-005 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE SECOND AMENDMENT TO THE CITY OF FORT COLLINS GENERAL EMPLOYEES' RETIREMENT PLAN AS AMENDED AND RESTATED EFFECTIVE JANUARY 1, 2012, TO INCORPORATE TECHNICAL CHANGES RELATED TO MILITARY SERVICE OF PLAN MEMBERS WHEREAS,the City adopted,effective January 1, 1971,a qualified defined benefit pension plan known as the City of Fort Collins Employees' Retirement Plan (the "Plan"), for the purpose of providing retirement benefits for certain of its employees; and WHEREAS, the City has amended the Plan from time to time and restated the Plan to incorporate all prior amendments and other changes required by law, effective January 1,2012; and WHEREAS,the Retirement Committee("the Committee")has recommended to City Council a Second Amendment to the 2012 Restated Plan to incorporate provisions of the federal Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), effective as of the dates set forth herein; and WHEREAS, the City Council wishes to adopt the recommendation of the Committee; and WHEREAS, Article XIV, Section 2 of the 2012 Restated Plan, authorizes the City Council to amend the terms of the 2012 Restated Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, as follows: Section 1. That Paragraph g.of Section 2 of Article II ofthe City of Fort Collins General Employees' Retirement Plan is hereby amended to read as follows: g. "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 recorded as additional hours, overtime pay, lump-sum payments for accrued vacation time, worker's compensation, taxable fringe benefits including life insurance in excess of $50,000 and any contribution by the City under this or any other qualified Plan, but including any pre-tax Employee contributions to qualified retirement plans of the City and any amounts contributed by the City pursuant to a salary reduction agreement which were excludable from the Employee's gross income under Code Section 125, Code Section 132(f)(4), Code Section 402(a)(8), Code Section 403(b), Code Section 402(h), or Code Section 457. However, for Plan Years beginning before January 1, 1998, such amounts contributed by the City pursuant to a salary reduction agreement which were excludable from the Employee's gross income shall not be included in Compensation for the purpose of applying the limitations on allocations and benefits under Code Section 415. Solely for the purpose of applying the limitations on allocations and benefits under Code Section 415, for Plan Years beginning on or after January 1,2009,any"differential wage payments"made by the Employer to an Employee, as defined in Code Section 3401(h)(2), shall be included in the Employee's Compensation. 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 IRS Code Section 415(d), as amended and then in effect. Section 2. That Paragraph x of Section 2 of Article II of the City of Fort Collins General Employees' Retirement Plan is amended to read as follows: X. 114ualified Military Service" shall have the meaning set forth in IRS Code Section 414(u), as amended. Notwithstanding any provision to the contrary, contributions, benefits and vesting service credit with respect to Qualified Military Service will be provided in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994,as amended(USERRA),the Heroes Earnings Assistance and Relief Tax Act of 2008, as amended (HEART Act), and IRS Code Section 414(u) with respect to Members who perform Qualified Military Service on or after December 12, 1994. Military service will be counted for purposes of contributions, benefits and vesting service credit, provided all of the following conditions are satisfied: (1) A Member must have reemployment rights under USERRA in order for periods of Qualified Military Service to be recognized. (2) A Member must have worked at least one thousand (1,000) hours in Covered Employment before entering Qualified Military Service. (3) A Member must have earned at least forty(40)Hours of Service in the three (3) months prior to the first day of Qualified Military Service. No more than five(5)years of Qualified Military Service may be recognized for any purpose, except as required by law. Section 3. That a new Section 5 be added to Article XI of the City of Fort Collins General Employees' Retirement Plan, to read as follows: Section 5. Death During QualiftedMilitary Service. If a Member's death occurs on or after January 1, 2007 while the Member is performing Qualified Military Service, the Member's Beneficiary is entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan as if the Member had resumed employment and then terminated employment -2- on account of death. Moreover, the Plan will credit the Member's Qualified Military Service as service for vesting purposes, as though the Member had resumed employment under USERRA immediately prior to the Member's death. Section 4. All other terms and provisions of the Plan shall remain unchanged and in full force and effect. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of February A.D. 2013. Mayo ATTEST: � pORTCO City Clerk SEAL u CULOR�QD -3-