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HomeMy WebLinkAbout2003-078-06/17/2003-ADOPTING THE THIRD AMENDMENT TO THE CITY OF FORT COLLINS GENERAL EMPLOYEES RETIREMENT PLAN AS AMENDE RESOLUTION 2003-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE THIRD AMENDMENT TO 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 General Employees' Retirement Plan (the "1971 Plan"), for the purpose of providing retirement benefits for certain of its employees; and WHEREAS,the City Council has amended the 1971 Plan from time to time and restated the 1971 Plan to incorporate all prior amendments and other changes required by law, effective December 31, 2001 (the "2001 Restated Plan"), via Section 1 of Resolution 2001-157; and WHEREAS, the City Council adopted the first amendment to the 2001 Restated Plan effective January 1, 2002, via the adoption of Section 2 of Resolution 2001-157; and WHEREAS, the City Council adopted the second amendment to the 2001 Restated Plan effective January 1, 2002, via the adoption of Resolution 2002-103; and WHEREAS,the Retirement Committee("the Committee")has recommend to City Council a third amendment to the 2001 Restated Plan to provide for the more equitable payment of benefits to employee Members based upon the number of hours an employee works; and WHEREAS, the City Council wishes to adopt the recommendation of the Committee; and WHEREAS, Article XV, Modification or Termination of Plan, Section 2 of the 2001 Restated Plan, authorizes the City Council to amend the terms of the 2001 Restated Plan. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. That effective July 1,2003,Subsection n. of Section 2 of Article II of the City of Fort Collins General Employees' Retirement Plan is amended to read as follows: 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. In the 1 event that a Member has been employed on a part-time basis (less than an annualized 2080 hours)during any portion of the period used to calculate the Final Average Monthly Compensation and therefore has received less than full-time Credited Service during that period, the Member's part-time Compensation for that period of time shall be converted to its full time equivalent for the purposes of calculating the Final Average Monthly Compensation. Section 2. That effective July 1, 2003, Section 1 of Article VI of the City of Fort Collins General Employees' Retirement Plan is amended to read as follows: 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. 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 receive`one year of Credited Service for each full year the Member receives Compensation for 2080 hours of Covered Employment. A Member who receives Compensation for less than 2080 hours of Covered Employment in a year shall accrue Credited Service on a pro rata basis based on the number of hours for which Compensation is paid. For example, a Member who was a part-time Employee and worked 520 hours for six months(half-time) and 1040 hours for six months(full-time)in a year would receive.75 year of Credited Service for that year. b. 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.(1) is qualified for either: (i)(a) a total Disability as defined in Article H, Section 2., Subsection j., Paragraphs 1, 2, or 3; or (z)(b) a temporary total disability in the judgment of the City's designated worker's compensation physician; lr. (2) is receiving Disability Benefits; and r(3) is not receiving any payment from this Plan. C. A Member may also accrue Credited Service under the Plan for any 2 period of time up to a maximum accrual of two (2) years during which the Member meets all of the following: (1) 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-(2) is not working as an Employee in Covered Employment; e-(3) is receiving Disability Benefits; and d:(4) is not receiving any payment from this Plan. d. A Member who accrues Credited Service because of a Disability pursuant to Subsections b.or c.,above,shall accrue Credited Service at the pro rata rate based upon the number of hours for which Compensation was paid as of the date of disablement. e. 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 3. That effective July 1, 2003, Section 4 of Article VI of the City of Fort Collins General Employees' Retirement Plan is amended to read as follows: Section 4. Miscellaneous. No period of Credited Service shall be deemed to be increased or extended by overtime. Using the date of hire and rsary date thereafter in determining all Credited Service,service for fraction-ai years shall be aflowed on the basis of f ffi2th year for each f-affillonth of empfoylyient as an Employee-. Section 4. That effective July 1, 2003, Section 3 of Article VIII of the City of Fort Collins General Employees' Retirement Plan is amended to read as follows: Section 3. Disability Retirement. The Disability Retirement benefit of a Member eligible therefore 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). In the event that a Member was employed on a part-time basis (less than an annualized 2080 hours)at the date of disablement and `therefore has received less than full-time Credited 3 Service during that period,the Member's part-time Compensation shall be converted to its full time equivalent for the purposes of calculating the annual rate of Compensation at the time of disablement. Section 5. That effective July 1, 2003, Section 6 of Article VIII of the City of Fort Collins General Employees' Retirement Plan is amended to read as follows: Section 6. Accrued Credits and Vested Benefits Under the Previous Plan Preserved. a. 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 of this Plan, in the same manner, undiminished, preserved, and fully vested under this Plan,except as provided in this Article VIII,Sections 6c,7, 8,9,and 10. b. The eligibility for, and amount of, any benefit of any kind, payable under this Plan to or for any person who was a Member of the previous Plan and who became a Member of 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. C. The methods of calculating Credited Service,Final Average Monthly Compensation,and annual rate of Compensation for Disability,Retirement, as amended effective July 1, 2003, shall be applied retroactively in order to better align benefits with the contributions to the Plan based on the Member's actual Compensation. However, this retroactive application shall not result in a Member's benefit under the Plan being less than the benefit the Member would have been eligible to receive if the Member had terminated Employment on June'30, 2003,under the terms of the Plan then in effect. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of June, A.D. 2003. Mayor Pro Terd ATTEST: City Clerk 4