HomeMy WebLinkAbout2001-157-11/20/2001-ADOPTING THE CITYS GENERAL EMPLOYEES RETIREMENT PLAN AS AMENDED AND RESTATED EFFECTIVE DECEMBER 31, RESOLUTION 2001-157
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY OF FORT COLLINS GENERAL EMPLOYEES'
RETIREMENT PLAN AS AMENDED AND RESTATED
EFFECTIVE DECEMBER 31, 2001
WHEREAS,the City Council 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 Council has amended and restated the Plan from time to time in order
to make improvements to the Plan and to maintain compliance with both state and federal law; and
WHEREAS,the General Employees'Retirement Committee(the "Committee"),as created
by and functioning pursuant to Chapter 21, Article V of the City Code, has reviewed the current
provisions of the Plan as restated effective January 1, 1992, as amended, and has determined that
the adoption of a new restatement of the Plan is necessary in order to consolidate the several
amendments to the Plan and to amend the Plan prior to 2002 in order to ensure continued
compliance with state and federal laws; and
WHEREAS, the Committee has reviewed the proposed restated Plan, attached hereto as
Exhibit"A", and has recommended its adoption to the City Council; and
WHEREAS,the proposed restated Plan consolidates the several amendments to the Plan into
one Plan document for ease of use,makes several technical changes required by the federal Internal
Revenue Code, and clarifies changes to the Plan that have occurred since the Plan's 1992
restatement; and
WHEREAS,beginning January 1,2002,federal law permits the Plan to be amended to allow
retiring Plan members to directly roll their Plan benefits into a broader range of retirement plans,
thereby causing the need to amend the restated Plan to accommodate such direct rollovers.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO as follows:
Section 1. That the City of Fort Collins General Employees'Retirement Plan as amended
and restated December 31, 2001, and attached hereto as Exhibit "A", is hereby adopted effective
December 31, 2001.
Section 2. That the restated Plan adopted pursuant to Section I of this Resolution is
amended, effective January 1, 2002, by amending the definition of"Eligible Retirement Plan" at
Article XIII, Section 2.c. to read as follows:
C. "Eligible Retirement Plan"means an individual retirement account described
in IRS Code Section 408(a),an individual retirement annuity described in IRS Code
Section 408(b), an annuity described in IRS Code Section 403(a), an annuity
described in IRS Code Section 403(b), an eligible plan under IRS Code Section
457(b)which is maintained by a state,political subdivision of a state, or any agency
or instrumentality of a state or political subdivision of a state and which agrees to
separately account for amounts transferred into such plan from this Plan, or a
qualified trust described in IRS Code Section 401(a), that accepts the Distributee's
Eligible Rollover Distribution. The definition of Eligible Retirement Plan shall also
apply to the case of a distribution to a surviving spouse, or to a spouse or former
spouse who is the alternate payee under a Qualified Domestic Relations Order as
defined in Article II, Section 2.v.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
20th day of November, A.D. 2001.
Mayor
ATTEST:
City Clerk
EXHIBIT A
CITY OF FORT COLLINS
GENERAL EMPLOYEES'
RETIREMENT PLAN
As Amended and Restated
December 31, 2001
TSR\55737\378478.07
CITY OF FORT COLLINS GENERAL EMPLOYEES' RETIREMENT PLAN
TABLE OF CONTENTS
Page
ARTICLE I PURPOSE ...................................................................................... 1
ARTICLE II DEFINITIONS................................................................................ 1
SECTION1. NAME...................................................................................... I
SECTION 2. DEFINITIONS.............................................................................. 1
SECTION 3. CONSTRUCTION .......................................................................... 6
ARTICLE III MEMBERSHIP.............................................................................. 6
SECTION 1. EMPLOYEES ON JANUARY 1, 1971 .................................................... 6
SECTION 2. EMPLOYEES HIRED AFTER DECEMBER 31, 1970, BUT BEFORE JANUARY 1,
1999 ....................................................................................... 7
SECTION 3. TERMINATION ............................................................................ 7
SECTION 4. WITHDRAWAL............................................................................ 7
SECTION 5. EMPLOYMENT NOT GUARANTEED .................................................... 7
ARTICLE IV METHOD OF FUNDING................................................................. 7
SECTION 1. FUNDING .................................................................................. 7
SECTION 2. ASSETS .................................................................................... 7
SECTION 3. DUTIES OF THE FUNDING AGENT ..................................................... 8
SECTION 4. INVESTMENT POWERS................................................................... 8
ARTICLE V CONTRIBUTIONS .......................................................................... 8
SECTION 1. MEMBER CONTRIBUTIONS.............................................................. 8
SECTION 2. CITY CONTRIBUTIONS................................................................... 8
SECTION 3. APPLICATION OF FORFEITURES ........................................................ 9
ARTICLE VI CREDITED SERVICE..................................................................... 9
SECTION 1. CREDITED SERVICE...................................................................... 9
SECTION 2. CREDITED SERVICE..................................................................... 10
10
SECTION 3. EFFECT OF OTHER PLANS ............................................................. 10
SECTION 4. MISCELLANEOUS........................................................................ 10
ARTICLE VII RETIREMENT DATES ................................................................. 10
SECTION 1. NORMAL RETIREMENT................................................................. 10
SECTION 2. EARLY RETIREMENT ................................................................... 10
SECTION 3. DELAYED RETIREMENT................................................................ 10
SECTION 4. DISABILITY RETIREMENT.............................................................. 11
SECTION 5. RETIREMENT DATE..................................................................... 11
TSR\55737\378478.07 i
ARTICLE VIII RETIREMENT BENEFITS............................................................ 12
SECTION 1. NORMAL OR DELAYED RETIREMENT ................................................ 12
SECTION 2. EARLY RETIREMENT ................................................................... 12
SECTION 3. DISABILITY RETIREMENT.............................................................. 12
SECTION 4. PAYMENT OF BENEFITS ................................................................ 12
SECTION 5. MINIMUM MONTHLY PAYMENT...................................................... 12
SECTION 6. ACCRUED CREDITS AND VESTED BENEFITS UNDER THE PREVIOUS PLAN
PRESERVED .............................................................................. 12
SECTION 7. INCREASED BENEFITS FOR CERTAIN RETIRED MEMBERS AND
BENEFICIARIES AS OF SEPTEMBER 1, 1981 ......................................... 13
SECTION 8. INCREASED BENEFITS FOR CERTAIN RETIRED MEMBERS AND
BENEFICIARIES AS OF NOVEMBER 1, 1983.......................................... 13
SECTION 9. INCREASED BENEFITS FOR CERTAIN RETIRED MEMBERS AND
BENEFICIARIES AS OF JULY 1, 1990 ................................................. 14
SECTION 10. INCREASED BENEFITS FOR CERTAIN RETIRED MEMBERS AND
BENEFICIARIES AS OF JANUARY 1, 2000 ............................................ 14
ARTICLE IX RETIREMENT BENEFITS AND RIGHTS INALIENABLE ..................... 15
SECTION 1. INALIENABILITY......................................................................... 15
SECTION 2. BANKRUPTCY............................................................................15
ARTICLE X OPTIONAL FORMS OF BENEFITS................................................... 16
SECTION1. GENERAL................................................................................. 16
SECTION 2. 100% JOINT AND SURVIVOR BENEFIT............................................... 16
SECTION 3. 50% JOINT AND SURVIVOR BENEFIT ................................................ 16
SECTION 4. 120 MONTHS CERTAIN AND LIFE BENEFIT ......................................... 16
SECTION 5. SINGLE-SUM BENEFIT.................................................................. 16
SECTION 6. BENEFICIARY ............................................................................ 17
ARTICLE XI DEATH BENEFITS.......................................................................17
SECTION 1. DEATH OF AN ACTIVE MEMBER, A DISABLED MEMBER OR A VESTED
MEMBER PRIOR TO NORMAL RETIREMENT DATE .................................17
SECTION 2. DEATH OF A RETIRED MEMBER ...................................................... 18
SECTION 3. UNIFORM SIMULTANEOUS DEATH ACT ............................................. 18
SECTION 4. MINIMUM MONTHLY PAYMENT...................................................... 18
ARTICLE XII VESTING AND SEVERANCE BENEFITS......................................... 18
SECTION 1. COVERAGE...............................................................................18
SECTION 2. VESTING SCHEDULE....................................................................18
SECTION 3. SINGLE LUMP SUM BENEFIT ..........................................................19
ARTICLE XIII DIRECT ROLLOVERS.................................................................20
SECTION 1. DISTRIBUTIONS MADE ON OR AFTER JANUARY 1, 1993 .........................20
SECTION 2. DEFINITIONS.............................................................................20
TSR\55737\378478.07 ii
ARTICLE XIV MONEY PURCHASE PLAN .........................................................21
SECTION 1. CONVERSION OPTIONS .................................................................21
SECTION 2. TRANSFER OF TRANSITION ACCOUNT BALANCE...................................21
SECTION 3. TRANSITION ACCOUNT BALANCE DEFINED ........................................22
SECTION 4. EXTENSION OF SELECTION DEADLINE...............................................22
SECTION 5. MINIMUM SINGLE-SUM AMOUNT ....................................................22
SECTION 6. CONTINGENCY ..........................................................................23
ARTICLE XV MODIFICATION OR TERMINATION OF PLAN................................23
SECTION 1. EXPECTATION ...........................................................................23
SECTION 2. AMENDMENT ............................................................................23
SECTION 3. APPROVAL UNDER THE INTERNAL REVENUE CODE...............................23
SECTION 4. DISCONTINUANCE ......................................................................23
SECTION 5. TERMINATION ...........................................................................23
SECTION 6. DISTRIBUTION ...........................................................................23
ARTICLE XVI LIMITATIONS...........................................................................24
SECTION 1. LIMITATION OF BENEFITS .............................................................24
SECTION 2. CONSOLIDATION OR MERGER.........................................................26
ARTICLE XVII ADMINISTRATION OF THE PLAN ..............................................26
SECTION 1. RETIREMENT COMMITTEE.............................................................26
SECTION 2. MANAGEMENT OF THE PLAN .........................................................27
SECTION 3. MISCELLANEOUS........................................................................28
TSR\55737\378478.07 111
ARTICLE I
Purpose
Effective as of December 31, 2001, the City Council of the City of Fort Collins
adopted the amended and restated Plan (as defined in Article II, Section 2.t.), as set forth
herein, to continue and replace the Plan previously in effect. The Plan and Retirement Fund as
defined in Article II, Section aa. are intended to meet the requirements of IRS Code
Sections 401(a) and 501(a).
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 December 31, 2001. 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 30, 2001, 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.
This Plan is a governmental Plan established pursuant to IRS Code Section 414(d). As
such, it is not subject to the requirements of the Employee Retirement Income Security Act of
1974.
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 December 31, 2001) 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 Equivalence (or Actuarially Equivalent)" means equality in value of
the aggregate amounts expected to be received under different forms of payment based
TSR\55737\378478.07
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%, unless otherwise specifically provided in the Plan.
(2) Interest rate assumption for single-sum payments. The interest rate used
for purposes of computing single-sum benefits shall be one of the following, as
specifically designated in the Plan:
(a) 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;
(b) the investment return rate used by the Retirement Committee for
purposes of the Plan actuarial valuation as of the December 31 coincident
with or preceding the date as of which the amount of the alternative form
of benefit is being determined hereunder.
(3) Mortality assumption. The mortality assumption for calculations based
upon the mortality of a Member or Beneficiary shall be a unisex rate that is 50%
male, 50% female, taken from the 1983 Group Annuity Table, or such other
Group Annuity Table designated by the Committee which meets the minimum
standards as set forth in IRS Code Section 417(e).
C. 'Beneficiary" means the person or persons entitled to receive benefits hereunder
upon the death of a Member or former Member, pursuant to Article X, Section 6
hereof.
d. "City" shall mean the City of Fort Collins, State of Colorado.
e. "City Council" shall mean the City Council of the City.
f. "Committee" or "Retirement Committee" means the Committee appointed by
the City Council and charged with the general administration of the Plan.
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, 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 Plan, or the like, but including any compensation that is deferred under IRS
Code Section 457. The amount of Compensation for purposes of the Plan during any
TSR\55737\378478.07 2
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.
h. "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 Policies and Procedures, excluding police officers, paid
firefighters, emergency services dispatchers (police and fire);
(3) any Member in the Plan as defined by Article II, Section 2.,
Subsection (m), Paragraph (3) "Employee".
Excluded are leased employees within the meaning of IRS Code Section 414(n).
i. "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.
j. "Disability" means a physical or mental condition which:
(1) in the judgment of the City's long-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.
k. "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.
TSR\55737\378478.07 3
1. "Effective Date of this Plan" means January 1, 1971. Subsequent restatements
of the Plan occurred on May 2, 1977, September 1, 1981, January 1, 1982, January 1,
1985, January 1, 1990 and January 1, 1992. This Amended and Restated Plan is
effective December 31, 2001.
in. "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 management
position; and
(c) at the time of the conversion or transfer into an unclassified
management position, the Employee elected to remain a Member and
continue to accrue Credited Service.
(4) leased employees within the meaning of IRS Code Section 414(n)(2), if
such leased employees constitute twenty percent or more of the employer's non-
highly compensated workforce within the meaning of IRS Code
Section 414(n)(5)(C)(ii).
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 as nonfirefighter, clerical and technical Employees of Poudre Fire
Authority."
n. "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 the 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, the Final Average Monthly Compensation shall be the
average of the total Compensation during all full calendar months of Credited Service.
TSR\55737\378478.07 4
o. "Funding Agent" means the financial officer of the City, any insurance company
or trustee appointed by the Retirement Committee as provided in Article IV, or the
Retirement Committee, if no designation has been made.
p. "Funding Agreement" means the insurance contract with the insurance company
or the trust agreement with the trustee as approved by the Retirement Committee for the
purpose of the investment and management of Retirement Fund assets.
q. "Insurance Company" means any insurance company or companies authorized
to do business in the state and appointed by the Retirement Committee as provided in
Article IV.
r. "IRS Code" means the Internal Revenue Code of 1986 as amended.
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 Article II, Section 2., Subsection j.
t. "Plan" means the City of Fort Collins General Employees' Retirement Plan (as
Restated Effective December 31, 2001) as it may be amended.
U. "Plan Year" means the calendar year.
V. "Qualified Domestic Relations Order" means a domestic relations order that has
been determined, pursuant to procedures established by the Retirement Committee, to
be a qualified domestic relations order as defined in Colorado Revised Statutes
§ 14-10-113.
W. "Qualified Military Service" is 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), and IRS Code
Section 414(u) for Members who return to Covered Employment from 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.
TSR\55737\378478.07 5
No more than five (5) years of Qualified Military Service may be recognized for any
purpose, except as required by law.
X. "Required Beginning Date" means April 1 of the calendar year following the
later of the calendar year in which the Member attains age 70 1/2 or the calendar year
in which the Member retires.
(1) For this purpose, a Member shall be deemed retired upon having one
calendar month elapse with no hours worked in Covered Employment, provided
that such month is concurrent with or follows the April following the calendar
year in which the Member attains age seventy and one-half(701/2).
Y. "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.
Z. "Retirement Benefit" or "Pension" means any retirement benefit provided for in
Article VIII hereof.
aa. "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.
bb. "Service" shall mean service rendered as a Covered Employee of the City.
cc. "Trustee" shall mean any qualified and acting Trustee appointed by the
Retirement Committee as a named fiduciary for the investment and management of Plan
assets.
dd. "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 entitled to receive, benefits under this Plan.
Section 3. Construction. 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.
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.
TM55737\378478.07 6
Section 2. Employees Hired After December 31, 1970, but before January 1,
1999. Each Employee of the City hired after December 31, 1970, but before January 1, 1999,
shall become a Member in the Plan on their date of employment. However, effective
January 1, 1990, an Employee must also be in Covered Employment to become a Member.
Employees hired after December 31, 1998 will not be eligible for Membership in the Plan.
Section 3. Termination. Membership of any Member shall terminate (except as a
Vested Member) if and when they shall cease to be in Covered Employment for any reason,
except as provided in Article VI, Section 2.
Section 4. Withdrawal. Unless otherwise provided herein, once an Employee has
become a Member of the Plan, they may not withdraw from membership in the Plan unless
they cease to be an Employee.
Section 5. Employment Not Guaranteed. This Plan is not and shall not be
deemed to constitute a contract between the City and any Employee or to be a consideration
for, or inducement to, or a condition of, the employment of the Employee. Nothing contained
in this Plan shall give or be deemed to give an Employee the right to be retained in the
employment of the City or to interfere with the right of the City to discharge or retire any
Employee at any time. Participation in the Plan shall not give any Employee the right or claim
to Retirement Benefits, except to the extent such right or claim is specifically provided for
under the terms of this Plan.
ARTICLE IV
Method Of Funding
Section 1. Funding. The Retirement Committee shall decide whether it shall
manage the Fund or shall appoint the financial officer of the City, 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 any applicable Funding Agreement.
Section 2. Assets. All assets of the Plan shall be held by the Funding Agent for
use in providing the benefits under the Plan. If the Retirement Committee or the financial
officer of the City is serving as the Funding Agent, the assets of the Plan shall be held pursuant
to the policies adopted by the Retirement Committee. If an insurance company, a Trustee, or
another funding vehicle is serving as the Funding Agent, the assets of the Plan shall be held
pursuant to a Funding Agreement. The Retirement Committee shall comply with the
purchasing and contracting provisions of the City Code when entering into a Funding
Agreement. 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.
TSR\55737\378478.07 7
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 therein established.
b. It shall receive all of the income from the Fund.
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
any applicable 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 policies adopted by the
Retirement Committee and any applicable Funding Agreement.
ARTICLE V
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.
TSR\55737\378478.07 8
Section 3. Application of Forfeitures. Any amount forfeited because of
termination of employment of a Member prior to their having become 100% vested in their
Retirement Benefits (because of their 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 XV, but shall be used to offset the City's contribution to the
Plan.
ARTICLE VI
Credited Service
Section 1. Credited Service. A Member's Credited Service shall be used to
determine their Accrued Benefit and eligibility for benefits under the Plan. A Member's
Credited Service is the elapsed time period from their date of employment with the City, as an
Employee, to their date of termination of such employment, except as limited within this
Section.
A Member shall also accrue Credited Service under the Plan for any period of time
during which the Member meets all of the following:
a. is qualified for either:
(1) a total Disability as defined in Article II, Section 2., Subsection j.,
Paragraphs 1, 2, or 3; 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 meets all of the following:
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.
TSR\55737\378478.07 9
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. Credited Service.
a. Except as set forth in Subsection b. of this Section, Credited Service lost due to
termination of Covered Employment occurring after December 31, 1998, shall not be
reinstated upon the Member's return to Covered Employment. A Member who
terminated Covered Employment prior to January 1, 1999, may be eligible for
restoration of Credited Service upon a return to Covered Employment within five years
of the termination of Covered Employment pursuant to the provisions of the Plan as it
existed on December 31, 1998.
b. A member who leaves Covered Employment to undertake Qualified Military
Service and meets the requirements specified in Article II, Section 2. Subsection w.
shall be entitled to the accrual of Credited Service for the time spent in the Qualified
Military Service providing the Member has not chosen to withdraw from the Plan and
receive a benefit.
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. Using the date of hire and anniversary date thereafter 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.
ARTICLE VII
Retirement Dates
Section 1. Normal Retirement. The Normal Retirement Date of a Member shall
be their 65th birthday upon which date they shall become fully vested in their 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 two years of Credited Service may elect to retire as
of the first day of any calendar month, which shall not be 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 their Normal Retirement Date. If the retirement of a Member is delayed under
TSR\55737\378478.07 10
this Section, their "Delayed Retirement Date" shall be the first of the month coincident with or
following the Member's retirement.
Effective January 1, 2001 Members receiving required minimum distributions may
choose to have their life expectancy, which is used in determining the amount of such
distributions, calculated using the proposed January 2001 IRS Code Section 401(a)(9)
regulations, notwithstanding any provision of the Plan to the contrary, as may be amended by
the Internal Revenue Service.
Section 4. Disabigty Retirement. If a Member's Covered Employment by the City
terminates by reason of their Disability, they shall be eligible for a Disability Benefit
commencing on the first day of the month, coincident with or next following their 65th
birthday, or upon termination of his or her long-term disability insurance benefits, if later.
Disability shall be considered to have ended if, prior to their 65th birthday, the Member
loses their qualification for Disability and is no longer entitled to any additional Credited
Service under Article VI, Section 1 for their Disability. If Disability ceases prior to the
Member's 65th birthday, no Disability Benefits shall be paid to or for such Member. If the
Member's Disability ceases prior to their 65th birthday (and if they are not reemployed by the
City as an Employee) and if they have met the requirements for an Early or Deferred
Retirement Benefit pursuant to Articles VII or XII on the date of their recovery from
Disability, they shall be entitled to receive a benefit equal in amount to the Early or Deferred
Retirement Benefit to which they would have been entitled as of the date of their recovery,
considering their Final Average Monthly Compensation at the date Disability commenced and
their Credited Service on the date of their recovery from Disability.
In lieu of accruing additional Credited Service pursuant to the provisions of Article VI,
Section 1, and in lieu of becoming eligible for a Disability Retirement or any other benefits
described in the Plan, a Member whose Covered Employment by the City terminates by reason
of their Disability may elect to receive:
a. an Early Retirement Benefit if the Member is otherwise qualified for such benefit,
even though such Member remains Disabled. Such Early Retirement Benefit shall be based on
consideration of their Final Average Monthly Compensation as of the date that their Disability
commenced instead of the annual rate of Compensation as of the date of disablement; or
b. a single lump sum benefit described in Article XII, Section 3, if the Member is
otherwise qualified for such benefit, even though such Member remains Disabled.
Section 5. Retirement Date. A Member's "Retirement Date" shall be on their
Normal Retirement Date, their Early Retirement Date, their Delayed Retirement Date, or their
Disability Retirement Date, whichever is applicable.
TSR\55737\378478.07 11
ARTICLE VIII
Retirement Benefits
Section 1. Normal or Delayed Retirement. Upon retirement at or after their
Normal Retirement Date, each Retired Member shall receive a monthly Retirement Benefit
equal to 1 1/2% 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 their Normal Retirement Date, shall be entitled to a reduced
Retirement Benefit which shall be their vested Accrued Benefit on their 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 their Normal Retirement
Date.
Section 3. Disability Retirement. The Disability Retirement benefit of a Member
eligible therefor shall be their Accrued Benefit on the date their Benefit commences, based on
their annual rate of Compensation on their date of disablement, and the Credited Service as
defined in Article VI, Section 1, unless the Member's disability ceases prior to age 65 (see
Article VII, Section 4).
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 following the month of their 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.
Notwithstanding the above, if the value of a terminated Member's vested Accrued
Benefit derived does not exceed $5,000, the entire vested benefit shall be paid to such Member
in a single lump sum, regardless of when the Member terminated Covered Employment.
Section 5. Minimum Monthly Payment. If the amount of the monthly Retirement
Benefit payable to a retired Member is less than $100, the retired Member shall be paid a
single-sum equal to the Actuarial Equivalent of such Retirement benefit. For retired Members
who commenced Covered Employment prior to June 1, 1998, said Actuarial Equivalent
specified in this Section 5 shall be as defined by Article 11, Section 2, Subsections b(2)(a) and
b(3) of this Plan. For retired Members who commenced Covered Employment on or after
June 1, 1998, said Actuarial Equivalent specified in this Section 5 shall be as defined by
Article I1, Section 2, Subsections b(2)(b) and b(3) of this Plan.
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 Funding Agreement forming a part
TSR\55737\378478.07 12
of this Plan, in the same manner, undiminished, preserved, and fully vested under this Plan,
except as provided in Article VIII, Sections 7, 8, 9 and 10.
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 a previous Plan and who became a Member of the
January 1, 1992 restated Plan, as amended, and as it is amended and restated December 31,
2001, and as it may be amended and restated in the future, shall be determined under the
provisions of this Plan.
Section 7. Increased Benefits for Certain Retired Members and Beneficiaries as
of September 1, 1981. Effective September 1, 1981, the monthly benefits of Retired
Members and Beneficiaries whose monthly payments commenced prior to September 1, 1981
were increased as follows:
Commencement Date of Percentage Amount
Payment of First Benefit of Increase in
to Retired Members or Beneficiaries Monthly Benefits
1981 5%
1980 10%
1979 15%
1978 20%
1977 25%
1976 30%
1975 35%
1974 40%
1973 45%
1972 50%
1971 55%
If a benefit was being paid to a Beneficiary or contingent annuitant, the year of
Retirement Date for purposes of using the above table was the initial Retirement Date of the
Member or the date the Beneficiary's benefit commenced, if no benefit payments were made to
the Member.
Section 8. Increased Benefits for Certain Retired Members and Beneficiaries as
of November 1, 1983. Effective November 1, 1983, the monthly benefits to retired Members
and Beneficiaries of the Plan whose payments commenced prior to November 1, 1983, were
increased as follows:
Commencement Date of Percentage Amount
Payment of First Benefit of Increase in
to Retired Members or Beneficiaries Monthly Benefits
TSR\55737\378478.07 13
Commencement Date of Percentage Amount
Payment of First Benefit of Increase in
to Retired Members or Beneficiaries Monthly Benefits
Prior to September 1, 1982 10%
On or after September 1, 1982 5%
If a benefit was paid to a Beneficiary or contingent annuitant, the date payments
commenced for the purpose of using the above table was the initial Retirement Date of the
Member or the date the Beneficiary's benefit commenced if no benefit payments were made to
the Member.
Section 9. Increased Benefits for Certain 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 of 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%
Section 10. Increased Benefits for Certain Retired Members and Beneficiaries as
of January 1, 2000. Effective January 1, 2000, the monthly benefits of Retired Members and
Beneficiaries whose monthly payments commenced prior to January 1, 1999, were increased as
follows:
Commencement Year of Payment Percentage Amount
of First Benefit to of Increase in
Retired Members or Beneficiaries Monthly Benefits
1990 and prior 15.28%
1991 12.38%
1992 10.39%
1993 8.33%
1994 6.73%
TSR\55737\378478.07 14
Commencement Year of Payment Percentage Amount
of First Benefit to of Increase in
Retired Members or Beneficiaries Monthly Benefits
1995 4.95%
1996 3.40%
1997 1.06%
1998 0.58%
1999 and after 0%
These increased benefits were only applicable to Retired Members or Beneficiaries who
began receiving a monthly benefit during the above specified years. These increased benefits
shall not be applicable to Retired Members or Beneficiaries who have taken a single-sum
benefit or Vested Members who have not commenced receiving a monthly benefit during the
above specified years.
ARTICLE IX
Retirement Benefits and Rights Inalienable
Section 1. JnaKenabiGty. 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., as they existed prior to July 1, 1996; any income assignments for child
support purposes pursuant to section 14-14-111.5, C.R.S.; any writ of garnishment which is
the result of a judgment taken for arrearages for child support or for child support debt; and
any payments made in compliance with a properly executed court order approving a written
agreement entered into pursuant to section 14-10-113(6), C.R.S., and such payment shall not
be deemed to be a prohibited alienation of benefits. Such Qualified Domestic Relations Orders
shall be binding on all Members, Beneficiaries and other parties. In no event shall the .
existence or enforcement of an Order cause the Trust Fund to pay benefits with respect to a
Member in excess of the actuarial present value of the Member's benefits without regard to the
Order, and benefits otherwise payable under the Plan shall be reduced by the actuarial present
value of any payment required pursuant to an Order.
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
TSR\55737\378478.07 15
this Plan, then such benefits shall cease, and in that event the Retirement 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, their spouse, children, or other dependents, in such manner and in such
proportions as the Retirement Committee shall decide.
ARTICLE X
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 this Article X,
Section 6, a Member or Vested Member may, in lieu of the basic Retirement Benefits provided
in Article VIII, elect one of the following forms of Retirement Benefits which shall be the
Actuarial Equivalent of the benefit to which they 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 their 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 such benefit payments are made in compliance with IRS Code
Section 401(a)(9) and the regulations thereunder.
Section 2. 1009c 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 their death after retirement, continues payments
in the same reduced amount to a designated Beneficiary during the life of such Beneficiary.
Section 3. 509c 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 their 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 they die prior to receiving 120 monthly
payments, the same reduced amount shall be continued to their Beneficiary until a total of 120
monthly payments have been made.
Section 5. Single-Sum Benefit. The Member may elect as an optional form of
benefit a single-sum benefit equal to the Actuarial Equivalent of the basic Retirement Benefit,
as defined by Article II, Section 2, Subsections b(2)(b) and b(3) of this Plan. If so elected,
such single-sum shall be paid within 90 days of eligibility for receipt of a Retirement Benefit.
TSR\55737\378478.07 16
Section 6. 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 their
death. However, if a married Member wishes to designate someone other than their spouse to
be their Beneficiary, such designation will not become effective unless their spouse (if the
spouse can be located) consents in writing to such designation, acknowledges the effect of such
designation and has such consent and acknowledgment 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 them
predeceases them, then the Retirement Committee is hereby empowered to designate a
Beneficiary (or Beneficiaries) on their behalf, but only from among the following with priority
in the order named below, which shall include persons legally adopted:
a. their spouse, or if none;
b. their children and children of deceased children, by right of representation, or if
none;
C. their parents, or if none;
d. their brothers and sisters and nephews and nieces who are children of deceased
brothers and sisters, by right of representation, or if none;
e. their estate.
ARTICLE XI
Death Benefits
Section 1. Deatb of An Active Member, a Disabled Member or a Vested
Member Prior to Normal Retirement Date. In the event that a Member who is actively
employed in Covered Employment or a Disabled Member dies prior to the commencement of
their Retirement Benefit, a single-sum death benefit will be paid to the Member's Beneficiary.
The single-sum death benefit will be determined such that it is equal to 47% of the Actuarial
Equivalent value of the life annuity benefit which would have been paid had the Member
separated from service at the earlier of the actual time of separation or death, survived until the
earliest retirement age (or date of death, if later) and retired with a life annuity. If the
Beneficiary is the Member's spouse, the spouse may elect a monthly benefit which is the
Actuarial Equivalent of the single-sum death benefit. The monthly benefit to the surviving
spouse shall commence on the last day of the month following the later of the Member's 55th
birthday or the Member's date of death and be payable for the spouse's life. If the Member
was not married at the time of death, the Beneficiary will receive the Single-Sum Death
Benefit. If no Beneficiary exists, the estate will receive the Single-Sum Death Benefit.
TSR\55737\378478.07 17
For Beneficiaries of Members who commenced Covered Employment prior to June 1,
1998, the Actuarial Equivalence for the single-sum death benefit will be determined by using
the interest rate specified in Article II, Section 2, Subsections b(1) and b(3) of this Plan. For
Beneficiaries of Members who commenced Covered Employment on or after June 1, 1998, the
Actuarial Equivalence for the Single-Sum Death Benefit will be determined by using the
interest rate specified in Article II, Section 2, Subsections b(2)(b) and b(3) of this Plan.
In the event that a Vested Member who became such after January 1, 1994, and, thus,
accrued Credited Service after December 31, 1993, dies prior to commencement of their
Retirement Benefit, a death benefit will be paid. This death benefit shall be paid as set forth in
the first paragraph of this section. Death Benefits, if any, payable to any Vested Member who
became such prior to January 1, 1994 and did not accrue any Credited Service after
December 31, 1993 shall be determined in accordance with the provisions of the Plan as of the
date the Member ceased to be in Covered Employment.
Section 2. Death of Retired Member. In the event a Retired Member dies while
receiving Retirement Benefit payments, their 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 3. 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.
Section 4. Minimum Monthly Payment. If the amount of the monthly benefit
payable to a Beneficiary is less than $100, the Beneficiary shall be paid a single-sum equal to
the Actuarial Equivalent of such benefit. For Beneficiaries of Members who commenced
Covered Employment prior to June 1, 1998, said Actuarial Equivalent specified in this
Section 4 shall be as defined by Article II, Section 2, Subsections b(1) and b(3) of this Plan.
For Beneficiaries of Members who commenced Covered Employment on or after June 1,
1998, said Actuarial Equivalent specified in this Section 4 shall be as defined by Article II,
Section 2, Subsections b(2)(b) and b(3) of this Plan.
ARTICLE XI1
Vesting and Severance Benefits
Section 1. Coverage. Benefits shall be paid to a Member under this Article if their
employment with the City of Fort Collins terminates for reasons other than retirement or
death.
Section 2. Vesting Schedule. In the event a Member's employment terminates
prior to their Normal Retirement Date, and they have two or more years of Credited Service,
they shall become a Vested Member. A Vested Member shall be entitled to a deferred
TSR\55737\378478.07 18
Retirement Benefit which shall be the vested portion (as shown in the table below) of their
Accrued Benefit on the date of the termination of their Credited Service.
Completed Years Percent of Vested
of Credited Service Accrued Benefit
Less than 2 0%
2 40%
3 60%
4 80%
5 or more 100%
Such deferred Retirement Benefit shall be payable at the Vested Member's Normal Retirement
Date.
In lieu of receiving a deferred Retirement Benefit upon their Normal Retirement Date,
the Vested Member may elect to receive a reduced Retirement Benefit beginning upon the last
day of any month subsequent to their 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 their Normal Retirement
Date.
Section 3. Single Lump Sum Benerit. Following termination of employment with
the City of Fort Collins and in lieu of receiving a monthly Retirement Benefit upon their
Normal or Early Retirement Date, a Vested Member has the option of receiving a single lump
sum benefit equal to the Actuarial Equivalent of the Member's deferred Retirement Benefit as
defined by Article II, Section 2, Subsections b(2)(b) and b(3) of this Plan. To receive this
lump sum benefit, the Vested Member must make a written request for this benefit at or after
the time of termination of employment but not less than 30 days prior to the due date of the
first payment of the Normal or Early Retirement Benefit. If so requested, this lump sum
benefit shall be paid within 90 days of the receipt of the written request. If the value of a
terminated Vested Member's derived Accrued Benefit does not exceed $5,000, the entire
vested benefit shall be paid to such Member in a single lump sum, regardless of when the
Member terminated employment with the City of Fort Collins.
If the deferred Retirement Benefit to which a Vested Member will be entitled at their
Normal Retirement Date is less than $100.00 per month, the Vested Member shall not have the
election set forth in the previous paragraph and they shall be paid, within 90 days of
termination of employment with the City of Fort Collins, 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. For Vested Members who commenced Covered Employment prior
to June 1, 1998, said Actuarial Equivalent specified in this paragraph shall be as defined by
Article II, Section 2, Subsections b(2)(a) and b(3) of this Plan. For Vested Members who
commenced Covered Employment on or after June 1, 1998, said Actuarial Equivalent specified
TSR\55737\378478.07 19
in this paragraph shall be as defined by Article II, Section 2, Subsections b(2)(b) and b(3) of
this Plan.
ARTICLE XIII
Direct Rollovers
Section 1. Distributions Made On or After January 1, 1993. This Section
applies to distributions made on or after January 1, 1993. Notwithstanding any provision of
the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a
Distributee may elect, at the time and in the manner prescribed by the Retirement Committee,
to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement
Plan specified by the Distributee in a Direct Rollover.
Section 2. Definitions
a. "Direct Rollover" means a payment by the Plan to the Eligible Retirement Plan
specified by the Distributee.
b. "Distributee" means an Employee or former Employee. In addition the
Employee's or former Employee's surviving spouse and the Employee's or former
Employee's spouse or former spouse who is the alternate payee under a qualified
domestic relations order, as defined in IRS Code Section 414(p), are Distributees with
regard to the interest of the spouse or former spouse.
C. "Eligible Retirement Plan" means an individual retirement account described in
IRS Code Section 408(a), an individual retirement annuity described in IRS Code
Section 408(b), an annuity described in IRS Code Section 403(a), or a qualified trust
described in IRS Code Section 401(a), that accepts the Distributee's Eligible Rollover
Distribution. However, in the case of an Eligible Rollover Distribution to the surviving
spouse, an Eligible Retirement Plan is an individual retirement account or individual
retirement annuity.
d. "Eligible Rollover Distribution" means a distribution of all or any portion of the
balance to the credit of the Distributee, except that an Eligible Rollover Distribution
does not include:
(i) any distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life
expectancy) of the Distributee or the joint lives (or joint life expectancies) of the
Distributee and the Distributee's designated Beneficiary; or for a specified
period of 10 years or more;
(ii) any distribution to the extent such distribution is required under IRS
Code Section 401(a)(9); and
TSR\55737\378478.07 20
(iii) the portion of any distribution that is not includible in gross income.
ARTICLE XIV
Money Purchase Plan
Section 1. Conversion Options.
a. Each Employee hired prior to January 1, 1998 and who remained in Covered
Employment as of January 1, 1999, who filed with the City by August 14, 1998, a
retirement plan selection form approved by the City stating their decision to convert
from participation in the Plan to a money purchase plan was converted from the Plan to
a money purchase plan as designated by the City, effective January 1, 1999. Upon
conversion, the Employee shall not be permitted to participate further in the Plan.
b. Each Employee hired after December 31, 1997, but before January 1, 1999, and
who remained in Covered Employment as of the date of conversion under this
Subsection was given the option of converting from the Plan to a money purchase plan
as designated by the City. Such conversion option was provided to such Employees
during the first six months of 1999 at a time and in a manner determined by the City.
Upon conversion, the Employee shall not be permitted to participate further in the Plan.
Section 2. Transfer of Transition Account Balance.
a. Each Employee, hired prior to January 1, 1998 and who remained in Covered
Employment as of January 1, 1999, who filed with the City by August 14, 1998, a
retirement plan selection form approved by the City stating the Employee's decision to
convert from participation in the Plan to a money purchase plan had the amount of their
Transition Account Balance in the Plan as of December 31, 1998, transferred to an
account in the Employee's name in the money purchase plan designated by the City.
Such transfer occurred on December 31, 1998, or as soon thereafter as reasonably
practicable. At the time of transfer, each transferring Employee was 100% vested in
the Transition Account Balance. As of January 1, 1999, the transferring Employee
shall not be entitled to any further or future benefits of any kind from the Plan.
b. Each Employee hired after December 31, 1997, but before January 1, 1999, and
who remained in Covered Employment as of the date of transfer under this Subsection,
who filed with the City by the date determined by the City pursuant to this Article XIV,
Section 2, Subsection lb., a retirement plan selection form approved by the City stating
the Employee's decision to convert from participation in the Plan to a money purchase
plan had the amount of their Transition Account Balance in the Plan transferred to an
account in the Employee's name in the money purchase plan designated by the City.
Such transfer occurred within the first six months of 1999, or as soon thereafter as was
reasonably practicable, at a time set by the City. At the time of transfer, each
transferring Employee was 100% vested in the Transition Account Balance. As of the
TSR\55737\378478.07 21
date of transfer, the transferring Employee shall not be entitled to any further or future
benefits of any kind from the Plan.
Section 3. Transition Account Balance Defined.
a. For purposes of Article XIV, Section 2a., the Transition Account Balance
transferred from the Plan to an Employee's account in the money purchase plan was
equal to the greater of the following:
(1) the lump sum Actuarial Equivalent value of the Employee's Accrued
Benefit as of December 31, 1998. For this purpose, the lump sum Actuarial
Equivalent value was determined based on the assumptions described in
Article II, Section 2b, Subsection (2)(b) and Section 2b, Subsection (3).
(2) the amount which would have accumulated in a money purchase plan
account from the Employee's date of hire until December 31, 1998 based on the
following factors:
(a) contributions of 4.5% of the Member's salary;
(b) interest earnings of 7.5% per year; and
(c) salary increases of 4.5% per year, with the salary for prior years
determined by discounting the 1998 rate of pay by 4.5% per year back to
the date of hire.
b. For purposes of this Article XIV, Section 2b., the Transition Account Balance
transferred from the Plan to an Employee's account in the money purchase plan was
calculated by the same method as described in Article XIV, Section 3a., except that the
date of December 31, 1998, was replaced with the appropriate transfer date selected by
the City pursuant to this Article XIV, Section 2b. of this Article.
Section 4. Extension of Selection Deadline. The Retirement Committee was
empowered to extend the selection filing deadlines described in Article XIV, Sections 1 and 2
for any Employee who was, through no fault of the Employee, unable to file the Selection
Form by the applicable deadline set by the City. The burden was upon such Employee to
establish by clear and convincing evidence that the failure to file the Selection Form by the
deadline was not the result of the Employee's neglect, carelessness, delay, procrastination,
forgetfulness, or otherwise the fault of the Employee.
Section 5. Mmimum Single-Sum Amount. For each Employee who remains in
the Plan and continues in Covered Employment through the applicable actual conversion date
set forth in Article XIV, Section 1, the amount of any single-sum benefit subsequently selected
by such Employee shall not be less than the amount of the Transition Account Balance as
defined in Article XIV, Section 3.
TSR\55737\378478.07 22
Section 6. Contingency. The above Sections of this Article notwithstanding, the
conversions and transfers described in this Article would not have occurred if the Retirement
Committee determined, based upon actuarial evidence, that the conversion and transfer would
have had an adverse effect upon the funding needs or actuarial soundness of the Plan for those
Members who chose to remain in the Plan, or that the Plan would not have been able to meet
its near-future benefit obligations. Such determination by the Retirement Committee was
considered at a special meeting of the Retirement Committee held on December 17, 1998.
ARTICLE XV
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 IRS 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.
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,
TSR\55737\378478.07 23
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.
ARTICLE XVI
Limitations
Section 1. Limitation ofBeuefks. 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 IRS Code Section 415 in accordance with (1)
and (2) below:
a. Defined Benefit Plan Only: Any annual Pension payable to an Employee
hereunder shall not exceed:
$90,000, adjusted for increases in the cost-of-living, or otherwise as prescribed
by the Secretary of the Treasury or their delegate, or occasioned by legislation
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.
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.
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 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
TSR\55737\378478.07 24
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 IRS
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. Aggregation of Defined Benefit and Defined Contribution Plans.
(1) In applying the limits of this Article XVI, Section 2, the benefits and
contributions to all other Retirement Plans sponsored by the Employer shall be
taken into consideration, except for multiemployer plans.
(2) Except as noted in paragraph 1, all defined benefit plans sponsored by
the Employer are treated as a single plan. Benefits payable under any other plan
with respect to a Member shall be reduced to the extent possible before any
reduction will be made in such Member's benefits under this Plan, if necessary
to observe these limits.
If, for Limitation Years beginning before 2000, 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 which is the lesser of 125% of the
dollar limitation under IRS Code Section 415(b)(1)(A) or 140% of the percentage
limitation under IRS 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 IRS
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 IRS Code Section 415(c)(1)(A) or 140%
TSR\55737\378478.07 25
of the percentage limitation under IRS 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 IRS Code Section 415(e)(6)(13)).
If, for limitation years beginning before 2000, 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 2. 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.
ARTICLE XVII
Administration Of The Plan
Section 1. Retirement Committee. A Retirement Committee composed of six
members shall administer the Plan. The City's Director of Finance shall be a member of the
Committee and shall keep all records and minutes of meetings. The other five members of the
Committee shall be appointed by the City Council to serve at its pleasure and for overlapping
terms designated by the City Council. Of the five appointed members, three shall be
Employees covered by the Plan, the fourth shall be either an Employee who is covered by the
Plan or a tax-paying elector of the City, and the fifth shall be a Retired Member of the Plan
who is receiving a monthly retirement benefit from the Plan.
A majority of the six 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 their service on the
Committee but a member may be reimbursed for reasonable expenses incurred in connection
with their duties as a member of the Committee.
TSR\55737\378478.07 26
Section 2. Management 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, the
financial officer of the City, an insurance company, or a trustee, to manage the
Retirement Fund.
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.
TSR\55737\378478.07 27
Section 3. Misceiianeous. 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.
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 such
Member's 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 such disqualified Member 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.
TSR\55737\378478.07 28