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HomeMy WebLinkAbout23 First Reading of Ordinance Amending the City of Ocoee General Retirement Trust Fund City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 7, 2026 Item #: 23 Contact Name: Gequita Cowan Department Director: Craig Shadrix Contact Number: Ext. 6434 City Manager: Craig Shadrix Subject: First Reading of Ordinance Amending the City of Ocoee General Retirement Trust Fund. (Pension Board Attorney Herrera) Background Summary: The Pension Board for the City of Ocoee General Retirement Trust Fund is governed by ordinance. The Board’s actuaries and consultants, Foster & Foster, have reviewed the proposed ordinance that would amend and fully restate Ordinance No. 2009-020. Foster & Foster concluded that adopting the proposed ordinance will not affect the assumptions used to determine the program’s funding requirements. Please see attached letters from the Board’s attorneys, Sugarman, Susskind, Braswell & Herrera, and from the Board’s actuaries and consultants, Foster & Foster. Issue: Should the Honorable Mayor and City Commission approve the proposed Ordinance Amending and Restating the City of Ocoee General Retirement Trust Fund? Recommendations: The Pension Board Trustees recommend the Honorable Mayor and City Commission approve the proposed Ordinance Amending and Restating the City of Ocoee General Retirement Trust Fund. Attachments: 1. No Impact Letter Ocoee - General (September 2025) 2. No Impact Letter Ocoee - General (March 2026) 3. List of Restatement Changes - General 4. General Employees Plan Restatement thru 2024-11 5. Business Impact Estimate Financial Impacts: No financial impact as stated by Foster & Foster Actuarial Consultant. Type of Item: First Reading Page 668 of 812 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 · (239) 433-5500 · Fax (239) 481-0634 · www.foster-foster.com September 24, 2025 VIA EMAIL Board of Trustees City of Ocoee General Employees’ Pension Board c/o Ms. Tiffany Fair, Plan Administrator 2503 Del Prado Blvd. S. Suite 502 Cape Coral, FL 33904 Re: City of Ocoee General Employees’ Pension board Dear Board: We have reviewed the proposed ordinance restating the plan and have determined that the adoption of the restatement will have no impact on the assumptions used in determining the funding requirements of the program. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed ordinance to each of the following office: The undersigned is familiar with the immediate and long-term aspects of pension valuations, and meets the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. If you have any questions, please let me know. Sincerely, Douglas H. Lozen, EA, MAAA Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement 3189 S. Blair Stone Rd. Tallahassee, FL 32301 Page 669 of 812 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 · (239) 433-5500 · Fax (239) 481-0634 · www.foster-foster.com March 24, 2026 VIA EMAIL Board of Trustees City of Ocoee General Employees’ Pension Board c/o Ms. Tiffany Fair, Plan Administrator 2503 Del Prado Blvd. S. Suite 502 Cape Coral, FL 33904 Re: City of Ocoee General Employees’ Pension board Dear Board: We have reviewed the proposed ordinance amending and restating the plan and have determined that the adoption of the restatement will have no impact on the assumptions used in determining the funding requirements of the program. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed ordinance to each of the following office: The undersigned is familiar with the immediate and long-term aspects of pension valuations, and meets the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. If you have any questions, please let me know. Sincerely, Douglas H. Lozen, EA, MAAA Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement 3189 S. Blair Stone Rd. Tallahassee, FL 32301 Page 670 of 812 SUGARMAN, SUSSKIND, BRASWELL & HERRERA PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman♦ 150 Alhambra Circle Howard S. Susskind Suite 725 D. Marcus Braswell, Jr. Coral Gables, Florida 33134 Pedro A. Herrera (305) 529-2801 Kenneth R. Harrison, Sr. Toll Free (800) 329-2122 Madison J. Levine Facsimile (305) 447-8115 Veronica Ucros David E. Robinson ♦Board Certified Labor & Jose Javier Rodriguez Employment Lawyer Of Counsel MEMORANDUM TO: Board of Trustees FROM: Pedro A. Herrera, Sugarman, Susskind, Braswell & Herrera, P.A. DATE: October 2, 2025 RE: List of Amendments to Restatement – City of Ocoee Municipal General Employees’ Retirement Trust Fund We are pleased to provide you with the following list of amendments to the City of Ocoee Municipal General Employees’ Retirement Trust Fund contained within the attached restatement of the plan document. City of Ocoee Municipal General Employees’ Retirement Trust Fund Ordinance No. 2009-020 is being amended and restated in full by supplanting the document attached thereto and made a part thereof by the document attached to the present ordinance, which modifies the former as follows: Section 1 – Restatement of Plan, Effective Date (former heading, Definitions) − moves to Section 2 the plan definitions; establishes the effective date of the restatement as the date of enactment of this ordinance. Section 2 – Definitions (former heading, Membership) − moves to Section 3 the rules relating to Membership; amends the plan definitions formerly in Section 1, as follows: − Accumulated Contributions – Clarifies the definition of accumulated contributions; − Actuarially Equivalent – Replaces reference to specific mortality table by reference to mortality table recommended by Board actuary and adopted by Board. The change will prevent the need for new ordinance upon each change of mortality table; − Beneficiary – clarifies the definition of beneficiary; Page 671 of 812 − Board of Trustees – clarifies the definition of Board of Trustees; − Credited Service – simplifies the definition of Credited Service by moving some of the substantive information to the operative sections of the plan; − Member – updates and simplifies the definition of Member; − Retirement – clarifies the definition of Retirement by adding specific reference to DROP participants; Adds definitions of Early Retirement Age, Early Retirement Date, Elected Official, First Restatement Date, Joint Pensioner, Normal Form, Normal Retirement Age, Normal Retirement Date and Second Restatement Date; Section 3 – Membership (former heading, Board of Trustees) − moves to Section 17 the rules relating to the powers of the Board of Trustees; rewrites generally for clarification purposes, the rules relating to plan membership, formerly in Section 2; Section 4 – Beneficiaries (former heading, Finances and Fund Management) − moves to Section 18 the rules relating to Finances and Fund Management; restates and revises for clarification purposes the provisions relating to beneficiaries, formerly in section 10. Section 5 – Contributions − Subsection (a), Member Contributions – clarifies respective contribution requirements and City pick-up of contributions; Section 6 – Credited Service (former heading Benefit Amounts and Eligibility) − moves to Section 9 the rules relating to Benefit Amounts and Eligibility; updates and clarifies the rules relating to credited service formerly in definitions in Section 1; Section 7 – Vesting (former heading, Pre-Retirement Death) − moves to Section 10 the pre-retirement death rules; restates in Section 7 the vesting rules formerly in Section 8; Section 8 – Termination of Employment Prior to Retirement (former heading, Vesting) − moves to Section 7 the vesting rules formerly in Section 8; sets forth rights under the Plan upon termination of employment prior to eligibility for retirement; Section 9 – Retirement Benefit Eligibility and Amounts (former heading Optional Forms of Benefits) − moves to Section 11 the rules relating to Optional Forms of Benefits; makes the following amendments to the conditions for retirement eligibility and the rules for determining the amount of retirement benefits, formerly in Section 6: − Subsection 2, Normal Retirement Benefit – updates provision in accordance with benefit changes adopted in ordinances passed since previous restatement; Page 672 of 812 − Subsection 4, Early Retirement Benefit – amends Paragraph B to reflect exact language of Chapters 175 and 185, Florida Statutes; − Subsection 6, Required Distribution Date – removes language from this Subsection and integrates it into newly created Section relating to Internal Revenue Code Compliance; Section 10 – Preretirement Death (former heading, Beneficiaries) − moves to Section 4 the rules relating to Beneficiaries; restates and revises for clarification purposes rules relating to pre-retirement death, formally in Section 7; Section 11 – Forms of Benefits (former heading, Claims Procedures Before The Board Decision) − moves to Section 20 the rules relating to claims procedures; restates and revises for clarification purposes the rules relating to forms of benefit payments, formerly in Section 9; Section 12 – Deferred Retirement Option Plan (former heading, Roster of Retirees) − eliminates rules relating to Roster of Retirees; updates, clarifies and simplifies DROP provisions; Section 13 – Reemployment after Retirement (former heading, Reserved) − clarifies rules relating to reemployment after retirement, formerly in Section 24; Section 14 – Purchase of Service Credit for Prior Government Service, Military Service Prior to Employment, Airtime (former heading, Maximum Benefit) − moves to Section 24 the rules relating to Maximum Benefit; restates simplifies and revises for the purposes of clarity the rules relating to the purchase of service, formerly in Sections 26, 27, 28; Section 16 – Forfeiture of Benefits (former heading, Miscellaneous Provisions) − moves to Section 23 the miscellaneous provisions; adds a paragraph to the Forfeiture rules formerly in Section 20 to provide that forfeitures shall be governed by Section 112.3173, Florida Statutes; Section 18 – Finances and Fund Management (former heading, Domestic Relations Orders, Retiree Directed Payments, Exemption from Execution, Non-Assignability) − moves to Section 19 the rules relating to Domestic Relations Orders, Retiree Directed Payments, Exemption from Execution, Non-Assignability); modifies rules formerly in Section 4 relating to investment policy guidelines by adding reference to Chapter 112, Florida statutes, and rules relating to overpayments by revising in accordance with applicable law; Section 20 – Claims Procedures (former heading, Forfeiture of Pension) Page 673 of 812 − moves to Section 16 the rules relating to forfeiture of pension; adds to the rules relating to claims provisions formerly in Section 11, a reference to the final and binding nature of decisions of the Board; Section 22 – Amendment and Termination of System (former heading, Family and Medical Leave Act) − moves to Section 15 the rules relating to Family and Medical Leave Act; makes non-substantive language improvements to rules relating to Amendment and Termination of System formerly in Section 17; Section 23 – Miscellaneous Provisions (former heading, Direct Transfers of Eligible Rollover) − moves to Section 24 the rules relating to Direct Transfers of Eligible Rollover; reorganizes miscellaneous provisions formerly in Section 16; Section 24 – Internal Revenue Code Compliance (former heading, Reemployment after Retirement) − moves to Section 13 the rules relating to Reemployment after Retirement; creates a new Internal Revenue Code Compliance Section consolidating all required IRC compliance provisions. We remain at your disposal to respond to any questions that you might have. Page 674 of 812 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL GENERAL EMLPLOYEES’ RETIREMENT TRUST FUND; AMENDING ORDINANCE NUMBER 2009-020, AS SUBSEQUENTLY AMENDED; PROVIDING FOR THE RESTATEMENT OF THE CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES’ RETIREMENT TRUST FUND; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. SECTION 1: Authority. The City Commission of the City of Ocoee has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2: The Board of Trustees of the CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES’ RETIREMENT TRUST FUND has recommended the restatement of the Trust Fund for the purposes of integrating into a single document the numerous amendments that have been adopted since the last restatement thereof. SECTION 3. That the City of Ocoee Municipal General Employees’ Retirement Trust Fund, restated by Ordinance No. 2009-020, and subsequently amended in present ordinance numbers 2012-014, 2013-011, 2014-017, 2018-046, 2020-001, 2020-018, and 2024-11, adopted by the City Commission of the City of Ocoee, is hereby amended and restated in full as set forth in the CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES’ RETIREMENT TRUST FUND, a copy of which is attached hereto, and by this reference made a part hereof. Underlining represents additions, strikethroughs represent deletions. SECTION 4. Repeal of Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 675 of 812 2 SECTION 5. Severability. In the event any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance shall be held invalid by a court of competent jurisdiction, then such invalidity shall not affect the remaining portions hereof. SECTION 6. Effective Date. This Ordinance shall become effective upon passage; however, the provisions of this Ordinance that are specified to take effect as of a date certain shall take effect as of the date specified herein. PASSED AND ADOPTED this ____ day of _________________, 2025. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA MELANIE SIBBITT RUSTY JOHNSON, MAYOR CITY CLERK (SEAL) ADVERTISED , 2025 READ FIRST TIME , 2025 READ SECOND TIME AND ADOPTED , 2025 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS day of , 2025. By: Richard Geller, City Attorney Page 676 of 812 3 CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND SECTION 1. RESTATEMENT OF PLAN, EFFECTIVE DATE The pension plan of City of Ocoee Municipal General Employees’ Retirement Trust Fund, originally effective October 1, 1991 and first restated on July 7, 2009, is hereby restated effective upon enactment. This restatement is a continuation of the original plan, as amended from time to time by the City. The provisions of this restatement shall apply only to Employees in active service on or after the effective date hereof. Any Retiree receiving benefits prior to the effective date of this restatement, and any former Employee who terminated service with the City before said date, shall have his or her rights to benefits determined under the plan provisions in effect when his or her service with the City terminated, and shall not be entitled to any additional benefits under this restatement, unless specifically provided otherwise by ordinance of the City. SECTION 2. DEFINITIONS As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions means a Member’s own contributions the total amount, without any addition of interest, of contributions paid to the System on behalf of a Member in accordance with subsection 5(a). For those Members who purchase Credited Service with interest or at no cost to the System, any payment representing the amount attributable to Member Contributions based on the applicable Member contribution rate, any payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions. Actuarially Equivalent means a benefit or amount of equal value, based upon the RP 2000 Combined Healthy Unisex Mortality Table and an interest rate equal to the investment return assumption set forth in the last actuarial valuation report approved by the Board. This definition may only be amended by the City pursuant to the recommendation of the Board using assumptions adopted by the Board with the advice of the Plan’s actuary, such that actuarial assumptions are not subject to City discretion such actuarial assumptions as shall from time to time be recommended by the Retirement System’s actuary and adopted by the board of trustees. Said assumptions shall be documented in the minutes of the meeting at which they were adopted and in each annual valuation report. Average Final Compensation means one-twelfth (1/12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to Retirement, termination or death. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons (other than a Joint Pensioner) entitled to receive benefits hereunder at the death of a Member who has or have been designated by a Member in writing by the Member and filed with the Board accordance with Section 4 to receive the benefits payable, if any, on account of the death of the Member. If no Page 677 of 812 4 such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, constituted in accordance with Section 17, which shall administer and manage the System herein provided and serve as trustees of the Fund. City means the City of Ocoee, Florida. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service creditable to a Member as provided in Section 6. a General Employee with Member contributions, when required, or effective October 1, 2006, as a Mayor or a Commissioner, omitting intervening years or fractional parts of years when such Member was not employed by the City as a General Employee or an elected official. The years or parts of a year that a member performs “Qualified Military Service” consisting of voluntary or involuntary “service in the unfirmed services” as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L. 103- 353), after separation from employment as a General Employee to perform training or service, shall be added to his or her years of Credited Service for all purposes, including vesting, provided that: A. The Member is entitled to reemployment under the provisions of USERRA. B. The Member returns to his or her employment as a General Employee within one (1) year following the earlier of the date of his or her military discharge or his or her release from service, unless otherwise required by USERRA. C. The Member deposits into the Fund the same sum that the Member would have contributed, if any, if he or she had remained a General Employee during his or her absence. The maximum credit for military service pursuant to this subdivision shall be five (5) years. The Member must deposit all missed contributions within a period equal to three times the period of military service, but not more than five (5) years, following re-employment or he or she will forfeit the right to receive credited service for his or her military service pursuant to this provision. D. This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a Member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. Page 678 of 812 5 Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the Code, an individual receiving differential wage payments (as defined under Section 3401(h)(2) of the Code) from an employer shall be treated as employed by the employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under Section 415(c) of the Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Leave conversions of unused accrued paid time off shall not be permitted to be applied toward the accrual of Credited Service either during each Plan Year of a Member’s employment with the City or in the Plan Year in which the Member terminates employment. In the event that a Member (except a Mayor or Commissioner Member) of this System has also accumulated credited service in another pension system maintained by the City, or has a period or periods of previous employment as a General Employee, but is not eligible to receive Credited Service for this period or periods of previous employment for benefit calculation purposes, then such other credited service shall be used in determining vesting as provided for in Section 8, and for determining eligibility for early or normal retirement. Such other credited service will not be considered in determining benefits under this System. Unless otherwise provided herein, only his or her Credited Service and Salary under this System on or after his or her latest date of membership in this System will be considered for benefit calculation. In addition, any benefit calculation for a Member of this System who is or becomes eligible for a benefit from this System after he or she has become a member of another pension system maintained by the City, shall be based upon the Member’s Average Final Compensation, Credited Service and benefit accrual rate as of the date the Member ceases to be a General Employee. Notwithstanding the foregoing, those Members who terminated employment with the City of Ocoee prior to October 1, 1991 and who became or will become reemployed on or after October 1, 1991 shall be granted Credited Service for the total number of years and fractional parts of years of service as a General Employee with the City of Ocoee prior to October 1, 1991. Early Retirement Age means the date provided in Section 9. Early Retirement Date means the date provided in Section 9. Effective Date means October 1, 1991. Elected Official means an individual serving in the capacity of Mayor or Commissioner. First Restatement Date means July 7, 2009. Fund means the trust fund established herein as part of the System. General Employee means any actively employed person in the regular full-time service of the City, including those in their initial probationary employment period, but not including certified police officers and certified firefighters, employed by the City. Joint Pensioner means the person designated by a Member in accordance with Section 11 to receive the survivor benefit payable, if any, under an elected joint and survivor form of payment. Page 679 of 812 6 Member means an actively employed General Employee who fulfills the prescribed membership requirements, and effective October 1, 2006, current and future Mayors and Commissioners. Mayors and Commissioners are non-contributing members and shall have a normal retirement date, an early retirement date and vesting applicable to them as provided for herein. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvement, unless such ordinance specifically provides to the contrary an individual who is actively serving or who formerly served as, a General Employee or an Elected Official, who has met the conditions of Membership set forth in Section 3 hereof, and whose membership in the System has not ceased as further provided in Section 3 hereof. Normal Form means a benefit payable during the Member’s Lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. In the event of the death of the Member prior to the 120th payment, the remainder shall be paid in accordance with Section 4. Normal Retirement Age means the age provided in Section 9. Normal Retirement Date means the date provided in Section 9. Plan Year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Retiree means a Member who has entered Retirement Status. Retirement means a Member’s separation from City employment with eligibility for immediate receipt of benefits under the System, which for the purposes hereof, shall include entry into the DROP in accordance with Section 12. Salary means the total compensation (and travel stipend for the Mayor and Commissioners) reported on the Member’s W-2 form plus all tax deferred, tax sheltered or tax exempt items of income derived from elective employee payroll deductions or salary reductions. For service earned on or after July 1, 2011, Salary shall not include more than three hundred (300) hours of overtime per fiscal year. Provided however, in any event, payments for overtime in excess of three hundred (300) hours per year accrued as of July 1, 2011 and attributable to service earned prior to July 1, 2011, may still be included in Salary for pension purposes even if the payment is not actually made until on or after July 1, 2011. In any event, with respect to unused paid time off accrued prior to July 1, 2011, Salary will include the lesser of the amount of paid time off accrued on July 1, 2011 or the actual amount of the paid time off for which the Retiree receives credit or payment at the time of retirement, based upon the Retiree’s then hourly rate of pay, regardless of whether the amount of paid time off was, at some time prior to retirement, reduced below the amount on July 1, 2011. Compensation in excess of limitations set forth in Section 401(a)(17) of the Code as of the first day of the Plan Year shall be disregarded for any purposes, including Member Contributions or any benefit calculations. The annual compensation of each member taken into account in Page 680 of 812 7 determining benefits or Member Contributions for any Plan Year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost-of-living increases in accordance with Code Section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a Member’s Contributions or benefits for the current Plan Year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an “eligible employee” shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. “Eligible employee” is an individual who was a Member before the first Plan Year beginning after December 31, 1995. Second Restatement Date means [insert date of enactment by City]. Spouse means the Member’s or Retiree’s spouse under applicable law at the time benefits become payable. System means the City of Ocoee Municipal General Employee’s Retirement Trust Fund as contained herein and all amendments thereto. Vested means that a Member has earned a 100% nonforfeitable right to his or her accrued benefit in accordance with Section 7, Section 9, or Section 22. SECTION 3. MEMBERSHIP 1. Conditions of Eligibility – Subject to A. of this subsection, all General Employees as of the Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. A. The following employees, as of the effective date, and all future new employees shall become members of this System as a condition of employment. Notwithstanding the previous sentence, a new employee who is hired as the City Manager, Assistant City Manager or a Director may, upon employment as City Manager, Assistant City Manager or a Director, notify the Board and the City, in writing, of his or her election not to be a member of the System. Current employees of the City who are selected to become City Manager, Assistant City Manager or Directors are not eligible for the opt-out provided for herein. In the event of any such election, the such person shall be barred from future membership in the system. Thereafter, contributions to the plan in accordance with section 5, shall not be required, he shall not be eligible to be elected as a member trustee on the board or vote for a member trustee, and he shall not be eligible for any other benefits from the plan. Page 681 of 812 8 B. Effective October 1, 2006, current and future Mayors and Commissioners, may elect to enter the System as non-contributory Members and receive Credited Service for those years, and fractional parts of years of service as an elected official with the City, determined as if they had been Members of the System on the date they took office. 2. Membership. Each Member shall complete a form prescribed by the Board providing for the designation of a Beneficiary or Beneficiaries. (a) Commencement of Membership – Subject to conditions specified below, an individual serving in any of the following positions shall become a Member of the System as of the date indicated: (1) General Employee – An individual who is hired as a General Employee on or after the Second Restatement Date, and who is not already a Member of the System at the time of hire, becomes a member of the System as a condition of employment, as of the date of hire as a General Employee. Individuals who are already Members of the System on the Second Restatement Date shall continue to be Members as of their original date of Membership, as determined in accordance with the applicable provisions of the System in effect prior to the Second Restatement Date. Notwithstanding the foregoing, an individual who is hired in the position of City Manager, Assistant City Manager or Director, and who was not a Member of the System at the time of hire, must notify the Board and the City in writing within forty-five calendar days of his or her election not to be a Member of the System. In the event of any such election to opt-out, the individual shall be permanently barred from any future membership in the system. Thereafter, Member Contributions shall not be required, the individual shall not be eligible to be elected as a member trustee on the board or vote for a member trustee, and he or she shall not be eligible for any other benefits from the plan. Individuals who were already Members of the System at the time of becoming employed as City Manager, Assistant City Manager or Director, are not eligible for the opt-out provided for in this Paragraph. (2) Elected Officials – An individual who becomes an Elected Official on or after the Second Restatement Date, and who is not already a Member of the System at the time of becoming an Elected Official, may elect within forty-five calendar days to enter the System as a non-contributory Member and receive Credited Service for those years, and fractional parts of years of service, commencing as of the date he or she took office. Elected Officials who are already Members of the System on the Second Restatement Date shall continue to be Members as of their original date of Membership, as determined in accordance with the applicable provisions of the System in effect prior to the Second Restsatement Date. (b) Contiguous service in different membership categories – In the event of a transfer from one service category (General Employee, Elected Official) to another, an Page 682 of 812 9 individual shall retain his or her original date of membership, if there is no intervening separation from service. (c) Termination of membership – An individual shall cease to be a Member of the System upon the earlier of: (1) the date the Member’s Accumulated Contributions are refunded in whole to the Member in accordance with any provision of this System; (2) the expiration of the five-year period described in Paragraph (7)(a)(1).; (3) the payment of all benefits due to the Member; (4) the death of the Member. SECTION 4. BENEFICIARIES (a) Each Member or Retiree may designate a Beneficiary or Beneficiaries—on a form provided by the Board for that purpose, signed and filed with the Board—to receive the benefit, if any, which may be payable in the event of his or her the Member’s death. Each designation may be revoked or changed at any time and from time to time by such Member or Retiree, before or after the commencement of benefits to the Member, by signing and filing with the Board a new designation-of-beneficiary form. The consent of the Member’s previously designated Beneficiary to any such change shall not be required. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. (b) Except as otherwise provided in Subsection 11(f), If if a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in Subsection (a), or if the Beneficiary (or Beneficiaries) named by a deceased Member or Retiree predeceased the Member or Retiree, the death benefit, if any, which may be payable under the system with respect to such deceased Member or Retiree shall be paid to the estate of the Member or Retiree. SECTION 5. CONTRIBUTIONS (a) Member Contributions – Each Member of the System, except Mayors and Commissioners Elected Officials, shall be required to make regular contributions to the Fund in the amount of seven and four-tenths percent (7.4%) of his or her Salary. Said contributions withheld by the City on behalf of the Member shall be deposited with the Board by the City at least monthly. The contributions made by each Member to the Fund shall be picked-up and designated as employer contributions pursuant to §414(h) of the Code for Federal Income Tax Purposes. Such designation is contingent upon the contributions being excluded from the Members’ gross income for Federal Income Tax purposes for For all other purposes of the System, such contributions shall be considered to be employee contributions. Notwithstanding the preceding, when the Member’s accrued benefit is equal to 81% of Average Final Compensation, the Member may make a one-time irrevocable election at any time after the 81% limit is met to discontinue making contributions to the System and have his or her benefit calculated and frozen at the time Page 683 of 812 10 of the election. If no such election is made, the Member’s contributions to the Fund shall continue. Method. Such contributions shall be made by payroll deduction. (b) City contributions – So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the required city contribution, as shown by the applicable actuarial valuation of the System. (c) Other – Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from those sources may be used only for additional benefits for Members as determined by the Board, and may not be used to reduce the City’s required contribution. SECTION 6. CREDITED SERVICE (a) Except as provided otherwise in this Section, a Member’s Creditable Service shall be the sum of: (1) the total number of years and fractional parts of years of service as a Member in the position of General Employee or Elected Official, omitting intervening years or and fractional parts of years when such Member the individual was not employed by the City as a General Employee or serving as an Elected Official. (2) the total number of years and fractional parts of years that a member General Employee performs “Qualified Military Service” consisting of voluntary or involuntary “service in the unfirmed services” as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L. 103- 353), after separation from employment as a General Employee to perform training or such service, provided that: A. The Member is entitled to reemployment under the provisions of USERRA. B. The Member returns to his or her service as a General Employee, Executive Employee or Elected Official, within one (1) year following the earlier of the date of his or her military discharge or his or her release from service, unless otherwise required by USERRA. C. The Member deposits into the Fund the same sum that the Member would have contributed, if any, if he or she had remained a General Employee during the period of his or her absence. The maximum credit for military service pursuant to this Paragraph (2) shall be five (5) years. The Member must deposit all missed Member Contributions within a period equal to three times the period of military service, but not more than five (5) years, following re-employment or he or she will forfeit the right to receive credited service for his or her military service pursuant to this provision. Page 684 of 812 11 D. This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. To the extent that the provisions of this Paragraph (2) are more favorable to the Member than the minimum compliance requirements, the more favorable provisions shall apply E. In the event a Member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. F. Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the Code, an individual receiving differential wage payments (as defined under Section 3401(h)(2) of the Code) from an employer shall be treated as employed by the employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under Section 415(c) of the Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. (3) Service purchased in accordance with Section 14, subject to the conditions set forth in said Section. (4) Service restored in accordance with Subsection 7(b). (d) Leave conversions of unused accrued paid time off shall not be permitted to be applied toward the accrual of Credited Service either during each Plan Year of a Member’s employment with the City or in the Plan Year in which the Member terminates employment. (e) In the event that a Member (except an Elected Official Mayor or Commissioner Member) of this System has also accumulated credited service in another pension system maintained by the City, or has a period or periods of previous employment as a General Employee, but is not eligible to receive Credited Service for this period or periods of previous employment for benefit calculation purposes, then such other credited service shall be used in determining vesting as provided for in Section 7, and for determining eligibility for early or normal retirement as provided in Section 9. Such other credited service will not be considered in determining benefits under this System. Unless otherwise provided herein, only his or her Credited Service and Salary under this System on or after his or her latest date of membership in this System will be considered for benefit calculation. In addition, any benefit calculation for a Member of this System who is or becomes eligible for a benefit from this System after he or she has become a member of another pension system maintained by the City, shall be based upon the Member’s Average Final Compensation, Credited Service and benefit accrual rate as of the date the Member ceases to be a General Employee. Notwithstanding the foregoing, those Members who terminated employment with the City of Ocoee prior to October 1, 1991 Page 685 of 812 12 and who became or will become reemployed on or after October 1, 1991 shall be granted Credited Service for the total number of years and fractional parts of years of service as a General Employee with the City of Ocoee prior to October 1, 1991. SECTION 7. VESTING (a) A Member’s interest in his or her accrued benefit becomes vested as follows: (1) General Employees – the accrued benefit of a General Employee member becomes vested upon the attainment of seven (7) years of Credited Service (or five (5) years of Credited Service, if such person became a Member prior to September 18, 2012); and (2) Elected Official – the accrued benefit of an Elected Official Member becomes vested upon the attainment of nine (9) years of Credited Service. SECTION 8. VESTING TERMINATION OF EMPLOYMENT PRIOR TO RETIREMENT (a) If the employment of a Member with the City terminates for any reason other than death or retirement, and the Member has not reached the age and service requirements for early or normal retirement, he or she shall be entitled to the following: (1) Without vested rights – If the Member’s interest in his or her accrued benefit has not Vested in accordance with Section 7, has not yet earned a vested right became a Member prior to September 18, 2012 and has fewer than five (5) years of Credited Service upon termination, or if the Member became a Member on or after September 18, 2012 and has fewer than seven (7) years of Credited Service upon termination, or if the Member is a Mayor or Commissioner Member an Elected Official Member with fewer than nine (9) years of Credited Service upon termination, the Member may make a written request for a refund of his or her Accumulated Contributions in the System, if any, or, pending the possibility of being re-employed by the City, the Member may leave his or her Accumulated Contributions in the System for a period of up to five (5) years following the termination. The Member’s Credited Service in the System shall be deemed nullified effective the date upon which the Member receives a refund of his or her Accumulated Contributions, or the date upon which the five-year period expires, whichever is earlier. The Member’s Accumulated Contributions shall be refunded upon written request by the Member, or upon the expiration of the five-year period, whichever is earlier, provided that if the total of the Accumulated Contributions is greater than $1000, said Accumulated Contributions shall be refunded only upon the written request of the Member, and upon the completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. Upon the expiration of the aforementioned five-year period, the individual’s Membership in the System shall cease regardless of whether the Member’s Accumulated Contributions have been refunded, and the right to the refund shall be the sole remaining entitlement of the former Member. Page 686 of 812 13 (2) With vested rights – if Paragraph 1 does not apply to the Member, the Member shall be entitled to: A. a refund of his Accumulated Contributions, or; B. by default, if the Member does not elect a refund of his Accumulated Contributions, a monthly vested retirement benefit income, determined in the same manner as for early or normal retirement and based upon the plan provisions in effect on the date of termination and the Member’s Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him or her commencing at the Member’s otherwise early or normal retirement date, determined upon his or her actual years of Credited Service, provided he or she does not elect to withdraw his or her Accumulated Contributions and provided the Member survives to his or her otherwise early or normal retirement date. If the Member does not withdraw his or her Accumulated contributions and does not survive to his or her otherwise early or normal retirement date, his or her Designated Beneficiary shall be entitled to a benefit as provided herein for a vested deceased Member, vested or eligible for retirement under Pre-Retirement Death. (b) Upon re-employment, a Member who has received a refund of his or her Accumulated Contributions may restore his or her Credited Service in the System for the years to which the refund relates, if he or she repays to the System, within 90 days of the effective date of such re-employment, the full amount of the refunded Accumulated Contributions that he or she received, plus interest as determined by the Board. The benefits relating to the Credited Service thus restored shall be determined in accordance with the plan provisions in effect on the date of termination and the Average Final Compensation and the benefit accrual rate as of the date of termination. SECTION 9. RETIREMENT BENEFIT ELIGIBILITY AND AMOUNTS 1. Normal Retirement Age and Date – A Member’s (except a Mayor Commissioner Member) who became a Member prior to September 18, 2012 his normal retirement age is the attainment of age sixty (60) regardless of years of Credited Service. A Member (except a Mayor or commissioner Member) who became a Member on or after September 18, 2012 his normal retirement age is the attainment of age sixty-two (62) and completion of seven (7) years of Credited Service. A Mayor or Commissioner Member’s normal retirement age is the attainment of age sixty (60) and the completion of nine (9) years of Credited Service. Each Member shall become one hundred percent (100%) vested in his accrued benefit at normal retirement age. A Member’s normal retirement date shall be the first day of the month coincident with or next following the date the Member retires from the City after attaining normal retirement age. 2. Normal Retirement Benefit – A Member who became a Member prior to September 18, 2012 retiring hereunder on or after his or her normal retirement date shall receive a monthly benefit which shall commence on the first day of the month next Page 687 of 812 14 following his or her Retirement and be continued thereafter during the Member’s Lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal three percent (3%) of Average Final Compensation, for each year of Credited Service, up to a maximum benefit not to exceed eighty-one percent (81%) of Average Final Compensation of the Member. A Member who became a Member on or after September 18, 2012 retiring hereunder on or after his or her normal retirement date shall receive a monthly benefit which shall commence on the first day of the month next following his or her Retirement and be continued thereafter during the Member’s Lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal two and twenty-five hundredths percent (2.25%) of Average Final Compensation, for each year of Credited Service, up to a maximum benefit not to exceed seventy (70%) of Average Final Compensation of the Member 3. Early Retirement Date - A Member (except a Mayor or Commissioner Member) who became a Member prior to September 18, 2012 may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of five (5) years of Credited Service. A Member (except a Mayor or Commissioner Member) who became a Member on or after September 18, 2012 may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of seven (7) years of Credited Service. A Mayor or Commissioner Member may retire on his or her early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of nine (9) years of Credited Service. Early retirement under the System is Retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. (a) Normal Retirement (1) The Normal Retirement Age of a Member shall be: A. in the case of a Member who is not an Elected Official Member and who became a Member prior to September 18, 2012, sixty (60) years of age regardless of years of Credited Service; B. in the case of a Member who is not an Elected Official Member and who became a Member on or after September 18, 2012, the later of sixty-two (62) years of age and the completion of seven (7) years of Credited Service. C. in the case of an Elected Official Member, the later of sixty (60) years of age and the completion of nine (9) years of Credited Service. (2) A Member’s accrued benefit shall be 100% vested upon the Member’s attainment of Normal Retirement Age. (3) The Normal Retirement Date of a Member shall be the first day of the month next following the Member’s Normal Retirement Age. Page 688 of 812 15 (4) Normal Retirement Benefit – A Member who retires on or after his Normal Retirement Age shall be entitled to a normal retirement benefit as follows: A. In the case of a Member who became a Member prior to September 18, 2012, a monthly benefit which shall commence on the first day of the month next following his or her Retirement and shall continue thereafter during the Member’s Lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal to three percent (3%) of Average Final Compensation, for each year of Credited Service, up to a maximum benefit not to exceed eighty-one percent (81%) of Average Final Compensation of the Member, commencing on the first day of the month next following the Member’s Retirement and payable in the Normal Form, unless an Optional Form is elected in accordance with Section 11; B. In the case of a Member who became a Member on or after September 18, 2012, a monthly benefit which shall commence on the first day of the month next following his or her Retirement and shall continue thereafter during the Member’s Lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal to two and twenty-five hundredths percent (2.25%) of Average Final Compensation, for each year of Credited Service, up to a maximum benefit not to exceed seventy percent (70%) of Average Final Compensation of the Member, commencing on the first day of the month next following the Member’s Retirement and payable in the Normal Form, unless an Optional Form is elected in accordance with Section 11. (b) Early Retirement (1) The Early Retirement Age of a Member shall be: A. in the case of a Member who is not an Elected Official Member and who became a Member prior to September 18, 2012, the later of fifty (50) years of age and five (5) years of Credited Service; B. in the case of a Member who is not an Elected Official Member and who became a Member on or after September 18, 2012, the later of fifty (50) years of age and the completion of seven (7) years of Credited Service. C. in the case of an Elected Official Member, the later of fifty (50) years of age and the completion of nine (9) years of Credited Service. (2) The Early Retirement Date of a Member shall be the first day of the month coincident with or next following the Member’s actual Retirement upon or following the attainment of Early Retirement Age and prior to the attainment Normal Retirement Age. Page 689 of 812 16 (3) Early Retirement Benefit – A Member retiring hereunder upon or following the attainment of Early Retirement Age and prior to the attainment of Normal Retirement Age may receive either a deferred or an immediate monthly retirement benefit payable for life as follows: A. A deferred monthly retirement benefit which shall commence on what would have been his or her Normal Retirement Date had he or she continued employment as a General Employee and shall be continued on the first day of each month thereafter shall be payable in the Normal Form, unless an Optional Form is elected in accordance with Section 11. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for Retirement at Normal Retirement Date Age, except that Credited Service and Average Final Compensation shall be determined as of the date of Retirement. B. An immediate monthly retirement benefit which shall commence on his or her Early Retirement Date and shall be continued on the first day of each month thereafter shall be payable in the Normal Form, unless an Optional Form is elected in accordance with Section 11. The benefit payable shall be as determined in Paragraph A above, which is actuarially reduced from the amount to which he or she would have been entitled had he or she retired at his or her Normal Retirement Date and with the same number of years of Credited Service at the time his or her benefits commence and based upon his or her Average Final Compensation at that date, except that the benefit shall be actuarially reduced to account for the commencement of payments prior to the Normal Retirement Date. (c) Cost-of-Living Adjustments (1) The monthly retirement benefit being paid to all Retirees and Beneficiaries who were receiving benefits on June 15, 1997, shall be increased by ten percent (10%). SECTION 10. PRE-RETIREMENT DEATH (a) Prior to Vesting or Eligibility for Retirement – The Beneficiary of a deceased Member who was not receiving monthly benefits or who was yet vested, or eligible for early or normal retirement shall receive a refund of one-hundred percent (100%) of the Member’s Accumulated Contributions. (b) Vested Deceased Members Vested or Eligible for Retirement with Spouse as sole Beneficiary – This Subsection (2) applies only when the Member’s Spouse is the sole designated Beneficiary. In the case of the death of a Vested Member whose Spouse is the sole Beneficiary, The the Spouse Beneficiary of any Member who dies and who, at the date of his or her death was vested or eligible for early or normal retirement shall be entitled to a benefit as follows: Page 690 of 812 17 (1) If the Member was vested, but not eligible for normal or early retirement, the Spouse Beneficiary shall receive a benefit payable for ten years, beginning on the date that the deceased Member would have been eligible for early or normal or early retirement, at the option of the Spouse Beneficiary. The benefit shall be calculated as for normal retirement based on the deceased Member’s Credited Service and Average Final Compensation as of the date of his or her death and reduced as for early retirement, if applicable. The Spouse Beneficiary may also elect to receive an immediate benefit payable for ten years, which is actuarially reduced to reflect the commencement of benefits prior to the early Normal Retirement Date. (2) If the deceased Member was eligible for normal or early retirement, the Spouse Beneficiary shall receive a benefit payable for ten years, beginning on the first day of the month following the Member’s death or at the deceased Member’s otherwise Normal Retirement Date, at the option of the Spouse Beneficiary. The benefit shall be calculated as for normal retirement based on the deceased Member’s Credited Service and Average Final Compensation as of the date of his or her death and reduced as for early retirement, if applicable. (3) A Spouse Beneficiary may not elect an optional form of benefit, however, the Board may elect to make a lump sum payment pursuant to Subsection 11(e). (4) A Spouse Beneficiary may, in lieu of any benefit provided for in (1) or (2) above, elect to receive a refund of the deceased Member’s Accumulated Contributions. (5) Notwithstanding anything contained in this Section to the contrary, in any event, distributions to the Spouse Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died, or by a date selected pursuant to the above provisions in this Section that must be on or before December 31 of the calendar year in which the Member would have attained 70 ½ shall commence no later than the date required in Section 24. (6) If the surviving Spouse Beneficiary commences receiving a benefit under Paragraph (1) or (2) above, but dies before all payments are made, the actuarial value of the remaining benefit will be paid to the Spouse Beneficiary’s estate in a lump sum. (c) Vested Deceased Members Vested or Eligible for Retirement with Non-Spouse Beneficiary – This subsection applies only when the Member’s Spouse is not the Beneficiary or is not the sole designated Beneficiary but there is a surviving Beneficiary. In the case of the death of a Vested Member whose Beneficiary is not the spouse of the Member, The the non-spousal Beneficiary of any such Member who dies and who, at the date of his or her death was vested, or eligible for early or normal retirement, shall be entitled to a benefit as follows: Page 691 of 812 18 (1) If the Member was vested, but not eligible for normal or early retirement, the Beneficiary will receive a benefit payable for ten (10) years. The benefit will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. The benefit will be calculated as for normal retirement based on the deceased Member’s Credited Service and Average Final Compensation and actuarially reduced to reflect the commencement of benefits prior to the Normal Retirement Date. (2) If the deceased Member was eligible for normal or early retirement, the Beneficiary will receive a benefit payable for ten (10) years, beginning on the first day of the month following the Member’s death. The benefit will be calculated as for normal retirement based on the deceased Member’s Credited Service and Average Final Compensation as of the date of his or her death and reduced for early retirement, if applicable. (3) A Beneficiary may not elect an optional form of benefit, however the Board may elect to make a lump sum payment pursuant to Subsection 11(e). (4) A Beneficiary may, in lieu of any benefit provided for in (1) or (2) above, elect to receive a refund of the deceased Member’s Accumulated Contributions. (5) If a surviving Beneficiary commences receiving a benefit under subsection (1) or (2) above, but dies before all payments are made, the actuarial value of the remaining benefit will be paid in a lump sum to the surviving Beneficiary’s estate by December 31 of the calendar year of the Beneficiary’s death the date required under Section 24. (6) If there is no surviving Beneficiary as of the Member’s death, and the estate is to receive the benefits, the actuarial equivalent of the Member’s entire interest must be distributed by December 31 of the calendar year containing the fifth anniversary of the Member’s death the date required under Section 24. (7) The Uniform Lifetime Table in Treasury Regulations 1.401(a)(9)-9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy regulations. SECTION 11. OPTIONAL FORMS OF BENEFITS (a) Benefits payable in the event of normal or early retirement shall be paid in the Normal Form unless the Member elects an optional form in accordance with this Section. In lieu of the amount and form of retirement income Normal Form of benefits payable in the event of normal or early retirement as specified herein, A a Member, upon written request to the Board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options one of the following optional forms: Page 692 of 812 19 (1) A retirement income of a larger monthly amount, payable to the Member for his or her lifetime only. (2) A joint and survivor form of benefit comprising a retirement income of a modified monthly amount, payable to the Member during the joint lifetime of the Member and a dependent joint pensioner designated by the Member, and following the death of either of them Member’s lifetime, and a survivor benefit of 100%, 75%, or 50% of such monthly amount payable to the survivor Member’s designated Joint Pensioner for the lifetime of the survivor Joint Pensioner. Upon electing this form of benefit, the Member shall designate his or her Joint Pensioner. The Member may change his Joint Pensioner at any time before benefit payments commence; after the commencement of benefits, the Member may change his Joint Pensioner only if the designated joint pensioner and the Member were married at the time of the Member’s Retirement, divorced after the commencement of benefits, and the Joint Pensioner is alive at the time of the change. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. The consent of the Member’s previously designated Joint-Pensioner shall not be required. Upon change of a Retiree’s Beneficiary or Joint Pensioner in accordance with this Section, the Board shall adjust the Retiree’s monthly benefit by application of actuarial calculations to insure ensure that the benefit paid is the Actuarial Equivalent of the Retiree’s then-current benefit. Any such The Retiree shall pay the actuarial recalculation expenses and shall make repayment of any overage of previously-paid pension benefits as a result of said recalculation. Each request for a change shall be made in writing on a form prepared by the Board and on completion shall be filed with the Board. Except where the Retiree’s joint pensioner is his or her spouse, the payments to the joint pensioner shall not exceed the applicable percentage provided for in the applicable table in the Treasury Regulations, Q&A-2 of 1.401(a)(9)- 6)1.401(a)(9)-6(b)(2)(iii). (3) If a Member retires prior to the time at which social security benefits are payable, he or she may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Member’s Retirement. (4) A member may elect a percentage of benefit in a lump sum as follows: A. Five (5) percent of the total actuarial equivalent value of the benefit paid as a lump sum with ninety-five (95) percent paid under in the Normal form or as per A., B. or C. above in any one optional form under (1), (2), or (3) above. Page 693 of 812 20 B. Ten (10) percent of the total actuarial equivalent value of the benefit paid as a lump sum with ninety (90) percent paid under in the Normal Form or as per A., B. or C. above in any one optional form under (1), (2), or (3) above. C. Fifteen (15) percent of the total actuarial equivalent value of the benefit paid as a lump sum with eighty-five (85) percent paid under in the Normal Form or as per A., B. or C. above in any one optional form under (1), (2), or (3) above. D. Twenty (20) percent of the total actuarial equivalent value of the benefit paid as a lump sum with eighty (80) percent paid under in the Normal Form or as per A., B. or C. above in any one optional form under (1), (2), or (3) above. (5) A Member may receive benefits under the DROP, in accordance with Section 12. (b) The Member, upon electing any option of this Section, will designate the joint pensioner (subsection 1.B., above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of the Member’s death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. If a Member has elected an option with a joint pensioner or Beneficiary and the Member’s retirement income benefits have commenced, the Member may thereafter change his or her designated Beneficiary at any time, but may only change his or her joint pensioner if the designated joint pensioner and the Member were married at the time of the Member’s Retirement and are divorced subsequent thereto and the joint pensioner is alive at the time of the change. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. (c) The consent of a Member’s or Retiree’s Joint Pensioner or Beneficiary to any such change shall not be required. The rights of all previously designated Beneficiaries or of the previously designated Joint Pensioner to receive benefits shall cease thereupon. (d) Upon change of a Retiree’s Beneficiary or Joint Pensioner in accordance with this Section, the Board shall adjust the Retiree’s monthly benefit by application of actuarial calculations to insure ensure that the benefit paid is the Actuarial Equivalent of the Retiree’s then-current benefit. Any such The Retiree shall pay the actuarial recalculation expenses and shall make repayment of any overage of previously-paid pension benefits as a result of said recalculation. Each request for a change shall be made in writing on a form prepared by the Board and on completion shall be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his or her Retirement shall be paid as provided in Section 10. Page 694 of 812 21 (b) In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his or her Retirement shall be paid as provided in Section 4. (c) Retirement income payments shall be made under the form elected in accordance with the provisions of this Section and shall be subject to the following limitations: (1) If a Member dies prior to his or her normal retirement date or early retirement date Normal Retirement Age or Early Retirement Age, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 10. (2) If the designated Beneficiary (or Beneficiaries) or Joint Pensioner dies before the Member’s Retirement under the System, the option elected will be canceled automatically and a retirement income of the Normal Form and amount will be payable to the Member upon his or her Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary or Joint Pensioner is designated by the Member prior to his or her Retirement. (3) If both the Retiree and the designated Beneficiary (or Beneficiaries) designated by the Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1 Subsection (a), the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 4. (4) If a Member continues beyond his or her normal retirement date Normal Retirement Age pursuant to the provisions of Section 6, Subsection 1, and dies prior to his or her actual retirement Retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a the Beneficiary (Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his or her death occurred. (E) The Member’s benefit under this Section must begin to be distributed to the Member no later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70 1/2) or the calendar year in which the Member terminates employment with the City. (d) A Retiree may not change his or her retirement option after the date of cashing or depositing his or her first retirement check. (e) Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member’s Beneficiary in the event that the total commuted value of the monthly income payments to be paid do does not exceed one thousand dollars ($1,000.00). Any such payment to any person pursuant to the power and discretion confined conferred upon the Board by the preceding sentence Page 695 of 812 22 shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. SECTION 12. DEFERRED RETIREMENT OPTION PLAN. 1. Definitions— As used in this Section 25, the following definitions apply:" A. DROP -- The Ocoee General Employees' Deferred Retirement Option Plan. B. DROP Account -- The account established for each DROP participant under subsection 3. C. Total Return of the Asset -- For purposes of calculating earnings on a Member's DROP Account pursuant to subsection 3.B.( 2)( b)., for each fiscal year quarter, the percentage increase (or decrease) in the interest and dividends earned on investments, including realized and unrealized gains (or losses), of the total Plan assets. (a) Participation (1) Eligibility to Participate – In lieu of terminating his or her employment as a General Employee, any Member who became a Member prior to September 18, 2012 and who is eligible for normal retirement under the System may elect to defer receipt of such his or her service retirement pension and to participate in the DROP. Any Member who became a Member on or after September 18, 2012 must have a minimum of ten (10) years of Credited Service and be eligible for normal retirement to participate in the DROP. (2) Election to Participate – A Member's election to participate in the DROP must be made in writing in a time and manner determined by the Board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the Board. (3) Period of Participation – The period of participation in the Drop of a A Member who became a Member prior to September 18, 2012 who elects to participate in the DROP shall participate in the DROP for a period shall not extend beyond to exceeding the eighty-four (84) months month period beginning on the date upon which the Member first becomes eligible for normal retirement. The period of participation in the Drop of a A Member who became a Member on and after September 18, 2012 who elects to participate in the DROP under section 2. B., shall participate in the DROP for a period shall not extend beyond to exceed the sixty (60) months month period beginning on the date upon which the Member first becomes eligible for normal retirement. An election to participate in the DROP shall constitute an irrevocable election at the time of entry into the DROP, to resign from the service of the City at the time of election into the DROP by no later than the end of the maximum permitted period of participation as defined above. In no event may a Member's Page 696 of 812 23 period of participation in the DROP continue past the date he or she terminates his or her employment as a General Employee. (4) Termination of Participation A. A Member’s participation in the DROP shall cease at the earlier of: i. the end of his or her permissible maximum permitted period of participation in the DROP as determined under Subsection 2.C. Paragraph 3; or ii. termination of his or her employment as a General Employee. B. Upon the Member's termination of a Member’s participation in the DROP, pursuant to subsection A. above, all amounts provided for in Subsection (b), including monthly benefits and investment earnings and losses or interest, shall cease to be transferred from the System to his or her DROP Account. Any amounts remaining in his or her DROP Account shall be paid to him or her in accordance with the provisions of Subsection (c) when he or she terminates his or her employment as a General Employee upon the termination of the Member’s participation in the DROP. C. A Member who terminates his or her whose participation in the DROP has terminated under this subsection 2.D. Subparagraph A shall not be permitted to again become a participant in the DROP. (5) Effect of DROP Participation on the System. A. A Member's Credited Service and his or her accrued benefit under the System shall be determined on the date his or her election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the Member's Salary for the purposes of calculating his or her Average Final Compensation shall include an amount equal to any lump sum payments which would have been paid to the Member and included as Salary as defined herein, had the Member retired under normal retirement and not elected DROP participation. Member Contributions attributable to any lump sums used in the benefit calculation and not actually received by the Member shall be deducted from the first payments to the Member's DROP Account. The Member shall not accrue any additional Credited Service or any additional benefits under the System (except for any additional benefits provided under any cost-of-living adjustment for Retirees in the System) while he or she is a participant in the DROP. After a Member commences participation, he or she shall not be permitted to again contribute to the System nor shall he or she be eligible for disability or pre-retirement death benefits, except as provided for in Section 13, Reemployment After Retirement. After a Member commences Page 697 of 812 24 participation in the DROP, no changes to such Member's form of benefit election shall be permitted. B. No amounts shall be paid to a Member from the System while the Member is a participant in the DROP. Unless otherwise specified in the System, if a Member's participation in the DROP is terminated other than by terminating his or her employment as a General Employee, no amounts shall be paid to him or her from the System until he or she terminates his or her employment as a General Employee. Unless otherwise specified in the System, amounts transferred from the System to the Member's DROP Account shall be paid directly to the Member only on the termination of his or her employment as a General Employee. (6) Only one DROP participation permitted A. A Member may participate only once in the DROP. (b) Funding (1) Establishment of DROP Account – A DROP Account shall be established for each Member participating in the DROP. A Member's Member whose DROP participation began prior to September 18, 2012 shall have a DROP Account consisting of amounts transferred to the DROP under subsection b(2), and earnings or interest on those amounts. A Member whose DROP participation began on or after September 18, 2012 shall have a DROP Account consisting of amounts transferred to the DROP under subsection (b)(3) and interest on those amounts. The DROP Accounts established pursuant to this Paragraph are for accounting purposes only. Said accounts are not separate accounts in the System. There is no change in the System's assets and there is no distribution available to the Member until the Member's termination from the DROP. The Member has no control over the investment of the DROP Account. (2) Transfers from Retirement System (Participants who entered DROP prior to September 18, 2012) A. As of the first day of each month of a Member's period of participation in the DROP, the monthly retirement benefit he or she would have received under the System had he or she terminated his or her employment as a General Employee and elected to receive monthly benefit payments thereunder shall be transferred to his or her DROP Account, except as otherwise provided for in Subparagraph (a)(4)B. A Member's period of participation in the DROP shall be determined in accordance with the provisions of subsections 2.C. and 2. D., but in no event shall it continue past the date he or she terminates his or her employment as a General Employee. Page 698 of 812 25 B. Except as otherwise provided in Subparagraph (a)(4)B., a Member's DROP Account under this Paragraph (2) shall be debited or credited with either: i. Interest at an effective rate of six and one-half percent (6. 5%) per annum compounded monthly determined on the last business day of the prior month's ending balance and credited to the Member's DROP Account as of such date to be applicable to all current and future DROP participants); or Earnings, to be credited or debited to the Member's DROP Account, determined as of the last business day of each fiscal year quarter and debited or credited as of such date, determined as follows: The average daily balance in a Member's DROP Account shall be credited or debited at a rate equal to the actual net rate of investment return realized by the System for that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the Board net of brokerage commissions, transaction costs and management fees. For purposes of calculating earnings on a Member's DROP Account pursuant to this Clause B.ii, brokerage commissions, transaction costs, and management fees shall be determined for each quarter by the investment consultant pursuant to contracts with fund managers as reported in the custodial statement. The investment consultant shall report these quarterly contractual fees to the Board. The investment consultant shall also report the net investment return for each manager and the net investment return for the total Plan assets. C. Upon electing participation in the DROP, the Member shall elect to receive either interest or earnings on his or her account to be determined as provided above. The Member may, in writing, elect to change his or her election only once during his or her DROP participation. An election to change must be made prior to the end of a quarter and shall be effective beginning the following quarter. D. A Member's DROP Account shall only be credited or debited with earnings or interest and monthly benefits while the Member is a participant in the DROP. A Member's final DROP account value for distribution to the Member upon termination of participation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation for participants electing the net plan return and at the end of the month immediately preceding termination of participation for participants electing the flat interest rate return plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter or month, as applicable, and prior to distribution. If a Member fails to terminate employment after Page 699 of 812 26 participating in the DROP the permissible period of DROP participation upon reaching the maximum permitted period of participation in the DROP, then beginning with the Member's 1st month of employment following the last month of the permissible period maximum permitted period of DROP participation, the Member's DROP Account will no longer be credited or debited with earnings or interest, nor will monthly benefits be transferred to the DROP account. All such non-transferred amounts shall be forfeited and continue to be forfeited while the Member is employed by the City, and not no cost-of-living adjustments shall be applied to the Member's credit during such period of continued employment. A Member employed who continues in Employment by the City after the permissible period maximum permitted period of DROP participation will still not be eligible continues to be ineligible for pre- retirement death or and disability benefits, and the Member shall not nor will he or she accrue additional Credited Service, except as provided for in Section 13, Reemployment After Retirement. (3) Transfers From Retirement System (Participants who entered DROP on or after September 18, 2012) A. As of the first day of each month of a Member's period of participation in the DROP, the monthly retirement benefit he or she would have received under the System had he or she terminated his or her employment as a General Employee and elected to receive monthly benefit payments thereunder shall be transferred to his or her DROP Account, except as otherwise provided for in Subparagraph (a)(4)B. A Member's period of participation in the DROP shall be determined in accordance with the provisions of subsections 2.C. and 2. D., but in no event shall it continue past the date he or she terminates his or her employment as a General Employee. Except as otherwise provided in Subparagraph (a)(4)B., a Member's DROP Account under this subsection 3.C. shall be credited with interest at an effective rate of three percent ( 3%) per annum compounded monthly determined on the last business day of the prior month's ending balance. A Member's DROP Account shall only be credited with interest and monthly benefits while the Member is a participant in the DROP. A Member's final DROP account value for distribution to the Member upon termination of participation in the DROP shall be the value of the account at the end of the month immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous month and prior to distribution. If a Member fails to terminate employment after upon reaching the maximum permitted period of participation in the DROP the permissible period of DROP participation, then beginning with the Member's 1st month of employment following the last month of the permissible period maximum permitted period of DROP participation, the Member's DROP Account will no longer be credited with interest, nor will monthly benefits be Page 700 of 812 27 transferred to the DROP account. All such non-transferred amounts shall be forfeited and continue to be forfeited while the Member is employed by the City, and no cost-of-living adjustments shall be applied to the Member's credit during such period of continued employment. A Member employed who continues in employment by the City after the maximum permitted period permissible period of DROP participation will still not be eligible continues to be ineligible for pre-retirement death or and disability benefits, nor will he or she maximum permitted period accrue additional Credited Service, except as provided for in Section 13, Reemployment After Retirement. (c) Distribution of DROP Accounts on Termination of Employment (1) Eligibility for Benefits – A Member shall receive the balance in his or her DROP Account in accordance with the provisions of this Subsection (c) upon his or her termination of employment as a General Employee. Except as provided in Subsection (c)(5), no amounts shall be paid to a Member from the DROP prior to his or her termination of employment as a General Employee. (2) Form of Distribution –Unless the Member elects otherwise, distribution of his or her DROP Account shall be made in a cash lump sum, subject to the direct rollover provisions set forth in subsection 4.F. as an eligible rollover distribution as defined in Section 24. Elections under this paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. If a Member dies before his or her benefit is paid, his DROP Account shall be paid to his Beneficiary in such optional form as his or her Beneficiary may select. If no Beneficiary designation is made, the DROP Account shall be distributed to the Member's estate. (3) Date of Payment of Distribution – Except as otherwise provided in this Subsection (c), distribution of a Member's DROP Account shall be made as soon as administratively practicable following the Member's termination of employment. Distribution of the amount in a Member's DROP account will not be made unless the Member completes a written request for distribution and a written election, on forms designated by the Board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of Death and Right of Beneficiary or Other Person –The Board may require and rely upon such proof of death and such evidence of the right of any Beneficiary or other person to receive the value of a deceased Member's DROP Account as the Board may deem proper and its determination of the right of that Beneficiary or other person to receive payment shall be conclusive. (5) Distribution Limitation – Notwithstanding any other provision of this Subsection (c), all distributions from the DROP shall be in accordance with Subsection 24(c) conform to the " Minimum Distribution of Benefits" provisions as provided for herein. Page 701 of 812 28 Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the System in Section 23. (d) Administration of DROP (1) Board Administers the DROP – A. The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the Board. The members of the Board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as Trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A Trustee shall not vote on any question relating exclusively to himself. A. Individual Accounts, Records and Reports – The Board shall maintain, records showing the operation and condition of the DROP, including records showing the individual balances in each Member's DROP Account, and the Board shall keep, in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The Board shall prepare and distribute to Members participating in the DROP and other individuals or filed file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the Code, the applicable portions of the Act and any other applicable laws. C. Establishment of Rules – Subject to the limitations of the DROP, the Board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP including but not limited to determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP. The determination of the Board as to the interpretation of Page 702 of 812 29 the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. D. Limitation of Liability –The Trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. Neither the Board nor any Trustee of the Board shall be responsible for any reports furnished by any expert retained or employed by the Board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The Board shall be fully protected with respect to any action taken or suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (e) General Provisions (1) The DROP is not a Separate Retirement Plan – The DROP is not a separate retirement plan. Instead, it is a program under which a Member who is eligible for normal retirement under the System may elect to accrue future retirement benefits in the manner provided in this Section 25 for the remainder of his employment continue employment by the City as a Retiree of the Plan, rather than to retire in the normal manner provided under the plan. Upon termination of employment, a Member is entitled to a lump sum distribution of his or her DROP Account balance or may elect a rollover. The DROP Account distribution is in addition to the Member's monthly benefit. (2) Notional Account – The DROP Account established for such a Member is a notional account, used only for the purpose of calculation of the DROP distribution amount. It is not a separate account in the System. There is no change in the System's assets and there is no distribution available to the Member until the Member's termination from the DROP. The Member has no control over the investment of the DROP Account. (2) No Employer Discretion – The DROP benefit is determined pursuant to a specific formula which does not involve employer discretion. (3) IRC Limit – The DROP account distribution, along with other benefits payable from the System, is subject to limitation under Internal Revenue Code Section 415(b). (5) Amendment of DROP – The DROP may be amended by an ordinance of the City at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's funds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any Member. Page 703 of 812 30 (6) Facility of Payment – If a Member or other person entitled to a benefit under the DROP is unable to care for his or her affairs because of illness or accident or is a minor, the Board shall direct that any benefit due him or her shall be made. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. (7) Information – Each Member, Beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or her on his or her account under the DROP, shall file with the Board the information that it shall require to establish his or her rights and benefits under the DROP. (8) Written Elections, Notification – A. Any elections, notifications or designations made by a Member pursuant to the provisions of the DROP shall be made in writing and filed with the Board in a time and manner determined by the Board under rules uniformly applicable to all employees similarly situated. The Board reserves the right to change from the time and manner for making notifications, elections or designations by Members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. B. Each Member or Retiree who has a DROP Account shall be responsible for furnishing the Board with his or her current address and any subsequent changes in his or her address. Any notice required to be given to a Member or Retiree hereunder shall be deemed given if directed to him or her at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the Member or Retiree notifies the Board of his or her address. (9) Benefits Not Guaranteed – All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. (10) Construction – A. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. B. The titles and headings of the subsections in this Section 25 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. Page 704 of 812 31 (11) Forfeiture of Retirement Benefits –Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the System. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (4) Effect of DROP Participation on Employment – Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 13. REEMPLOYMENT AFTER RETIREMENT (a) Any Retiree who is retired under this System may be reemployed and who subsequently becomes employed by any public or private employer, except other than the City, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Notwithstanding the previous sentence reemployment Reemployment by the City shall be subject to the limitations set forth below in this Section. (b) Employment by the City Aafter normal retirement. Any retiree who is retired under normal retirement pursuant to this system and who is reemployed by the cCity in any capacity, shall upon being reemployed, continue receipt of retirement benefits during any such employment period if they areis at least age sixty-two (62), otherwise the System shall discontinue receipt of benefits until they reaches age sixty-two (62) when retirement benefits shall be payable. A retiree who returns to work under the provisions of this sSection shall not be eligible for membership in this sSystem., and, tTherefore, such retirees shall not accumulate additional credited service for such subsequent periods of employment described in this section, shall not be required to make Member Contributions to the system, nor shall he or she be eligible for any additional other benefits other than the retiree's normal retirement benefit. (c) Any Retiree who is retired under normal retirement pursuant to this System and who is reemployed by the City after that retirement and, by virtue of that reemployment is ineligible to participate in this System, shall, during the period of such reemployment, continue to receive retirement benefits previously earned if he is at least age sixty-two (62), otherwise the System shall discontinue receipt of benefits until he reaches age sixty- two (62). Former DROP participants shall begin receipt of benefits under these circumstances. (d) After early or disability retirement. Any Retiree who is retired under early or disability retirement pursuant to this System and who subsequently becomes an employee of the City in any capacity, shall discontinue receipt of benefits from the System until the earlier of termination of employment or such time as the reemployed Retiree reaches age sixty-two (62). A Retiree who returns to work under the provisions of this Section shall not be eligible for membership in the System. , and, Ttherefore, such retirees shall not accumulate additional Credited Service for such subsequent periods of employment described in this section, shall not be required to make Member Contributions to the system, nor shall he or she be eligible for any additionalother benefits Page 705 of 812 32 other than the Retiree's early retirement or disability benefit when he or she again becomes eligible as provided herein. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this Section if the Member was permitted to retire prior to the customary retirement date provided for in the System at the time of retirement. (ed) Reemployment of terminated vested persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early Retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (fe) DROP Participants. Retirees who were in the Deferred Retirement Option Plan shall, following termination of employment after DROP participation, have the options provided for in this section for reemployment. SECTION 14. PURCHASE OF SERVICE CREDIT FOR PRIOR GOVERNMENT SERVICE, MILITARY SERVICE PRIOR TO EMPLOYMENT, AIRTIME (a) Types of Service – Members (except Mayor or Commissioner Member Elected Official Members) may purchase the following types of service, subject to the conditions set forth in this Section 14: (1) Prior Government Service (unless otherwise prohibited by law, and except as otherwise provided in Section 2 or in this Section 14), which is defined as the years or and fractional parts of years that a Member (except a Mayor or Commissioner Member) previously served as a full-time General Employee with the City of Ocoee during a period of previous employment and for which period Accumulated Contributions were withdrawn from the Fund, or the years and fractional parts of years that a Member served as a General Employee for any other state, federal, municipal, county or special district agency or department. in the State of Florida or jurisdiction other than the State of Florida, shall be added to his or her years of Credited Service provided that. (2) Military Service Prior to Employment, which is defined as the years or and fractional parts of years that a Member (except a Mayor or Commissioner Member) serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to first and initial employment with the City shall be added to his or her years of Credited Service. (3) Air time, which is defined as periods for which there was no performance of service. (b) Crediting of Purchased Service (1) No service shall be credited under this Section unless payment therefore is in accordance with Subsection (c) has been completedmade. Page 706 of 812 33 (2) A Member who has not accrued five or more years of Credited Service under this System, may not purchase Air Time. (3) No more than five years of Air Time may be purchased. (4) Thee is no limit to the number of years of Credited Service that a Member may purchase for Pprior Ggovernment Sservice with the City of Ocoee. (5) The maximum credit that may be purchased for Prior Government Service for an employer other than the City of Ocoee, combined with purchased credit for Military Service Prior to Employment, and purchased Air Time, is five years of Credited Service. (6) Years of Credited Service purchased for Prior Government Service with the City of Ocoee shall count for all purposes under the System, including but not limited to vesting, benefit eligibility and benefit calculation. Years of Credit Service purchased for Prior Government Service with an employer other than the City of Ocoee, Military Service Prior to Employment, and/or Air Time, shall count for all purposes, except vesting and benefit eligibility. (7) No purchase of years of Credited Service shall be permitted for years of Prior Government Service, if said years of service form or will form the basis of a retirement benefit or pension from another retirement system or plan. (8) Multiple requests to purchase Credited Service of any kind under this Section may be made at any time prior to retirement. (c) Payment (1) The Member shall contribute to the fund the sum that he or she would have contributed, based on his or her Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he or she been a member of the System for the years or fractional parts of years for which he or she is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of Credited Service. (2) Payment by the Member of the required amount shall be made within six (6) months of his or her request for such credit and receipt of the actuarially determined cost, but in no event not later than his or her retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. Payments shall be made to the System either in cash, cashier’s check, money order or through a qualified roll over as otherwise described herein. SECTION 15. FAMILY AND MEDICAL LEAVE ACT Page 707 of 812 34 (a) The fractional parts of the twenty-four (24) month period ending each March 1 that a Member is on leave without pay from the City pursuant to the Family and Medical Leave Act (FMLA) shall be added to his or her Credited Service provided that: (1) The Member contributes to the Fund the sum that he or she would have contributed, based on his or her Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he or she been a Member of the System for the fractional parts of the twenty-four (24) months ending each March 1 for which he or she is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the System plus payment of costs for all professional services rendered to the Board in connection with the purchase of periods of Credited Service. (2) The request for Credited Service for FMLA leave time for the twenty-four (24) month period prior to each March 1 and payment of professional fees shall be made on or before March 31. (3) Payment by the Member of the required amount shall be made on or before April 30 for the preceding twenty-four (24) month period ending March 1 and shall be made in one lump sum payment upon receipt of which Credited Service shall be issued. (4) Credited Service purchased pursuant to this section shall not count toward vesting. SECTION 16. FORFEITURE OF BENEFITS (a) Any Member who is convicted of the following specified offenses committed prior to retirement, or whose employment is terminated by reason of his or her admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits (including DROP Benefits) under this Pension Fund, except for the return of his or her Accumulated Contributions as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; (2) The committing, aiding or abetting of any theft by a public officer or employee from his or her employer; (3) Bribery in connection with the employment of a public officer or employee; (4) Any felony specified in Chapter 838, Florida Statutes, except ss. 838.15 and 838.16; (5) The committing of an impeachable offense; (6) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency for which he or she acts or in which he or she is employed, of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains or attempts to realize or obtain, a profit, gain, or advantage for himself Page 708 of 812 35 or herself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his or her public office or employment position; or (7) The committing on or after October1, 2008, of any felony defined in Section 800.04, Florida Statutes, against a victim younger than sixteen (16) years of age, or any felony defined in Chapter 794, Florida Statutes, against a victim younger than eighteen (18) years of age, by a public Officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position. (b) Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. (c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. (d) Prior to forfeiture, the Board shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his or her case against forfeiture. (e) Any Member who has received benefits from the System in excess of his or her Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his or her Accumulated Contributions. (f) The Board may implement all legal action necessary to recover such funds. (g) This Section is specifically intended to implement Section 112.3173, Florida Statutes. Accordingly, all proceedings held pursuant to this Section, and all determinations of the forfeitability of benefits hereunder shall be in accordance with Section 112.3173, Florida Statutes, and all applicable and binding legal precedent relating thereto. The Board shall have the broadest powers permitted under Section 112.3173, Florida Statutes in the implementation thereof. SECTION 17. BOARD OF TRUSTEES (a) The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance are hereby vested in a Board of Trustees. The Board of Trustees is hereby designated as the plan administrator. The Board of Trustees shall consist of five (5) Trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the Ocoee City Commission, and two of whom shall be full-time vested Members of the System, who shall be elected by a majority of the General Employees who are Members of the System. The fifth Trustee shall be chosen by a majority of the Page 709 of 812 36 previous four Trustees as provided for herein, and such person's name shall be submitted to the Ocoee City Commission. Upon receipt of the fifth person's name, the Ocoee City Commission shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a four (4) year term unless he or she sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of four (4) years, unless he or she sooner vacates the office or is sooner replaced by the Ocoee City Commission at whose pleasure he or she shall serve. Each Member Trustee shall serve as Trustee for a period of four (4) years, unless he or she sooner leaves the employment of the City as a General Employee or otherwise vacates his or her office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself or herself in office. The Board shall establish and administer the nominating nomination and election procedures for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board, or an administrator acting on behalf of the Board, shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (c) Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have the right to recuse himself or herself from voting as the result of a conflict of interest provided that the Trustee complies with the provisions of Section112.3143, Florida Statutes. (d) The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. (e) The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the System and determine all questions arising thereunder. All such interpretations and determinations by the Board shall be final and binding on all parties. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. Page 710 of 812 37 (5) To distribute to Members, at regular intervals in accordance with applicable law, information concerning the System. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. (8) To have performed actuarial studies and valuations at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. (9) To perform such other duties as are required to prudently administer the System. SECTION 18. FINANCES AND FUND MANAGEMENT (a) Establishment and Operation of Fund (1) As part of the System, there exists the Fund, into which shall be deposited all of the contributions provided in Section 5 and assets whatsoever attributable to the System, including the assets of the prior Municipal General Employee's Retirement Trust Fund. (2) The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. (3) All funds of the Municipal General Employee's Retirement Trust Fund may be deposited by the Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he or she is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the Municipal General Employee's Retirement Trust Fund. In lieu thereof, the Board shall deposit the funds of the Municipal General Employee's Retirement Trust Fund in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. Page 711 of 812 38 (4) All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. (5) An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the City showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. (6) The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Ocoee City Commission to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such fonds shall be subject to the following: (i) Notwithstanding any limitation provided for in prior City ordinances to the contrary (unless such limitation may not be amended by local ordinance) or any limitation in prior city ordinances to the contrary, all monies paid into or held in the Fund may be invested and reinvested in such securities, investment vehicles or property wherever situated and of whatever kind, as Page 712 of 812 39 shall be approved by the Board, including but not limited to common or preferred stocks, bonds, and other evidences of indebtedness or ownership. (ii) The Board shall develop and adopt a written investment policy statement setting forth permissible types of investments, goals and objectives of investments and setting quality and quantity limitations on investments in accordance with the recommendations of its investment consultants. The investment policy statement shall be reviewed by the Board at least annually, and shall be followed by the Board in making its investment decisions in compliance with 112.661, Florida Statutes. (iii) In addition, the Board may, upon recommendation by the Board's investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81- 100, Revenue Ruling 2011-1, IRS Notice 2012-6 and Revenue Ruling 2014-24 or successor rulings or guidance of similar import, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under Section 401(a) of the Code, individual retirement accounts that are exempt under Section 408(e) of the Code, eligible governmental plans that meet the requirements of Section 457(b) of the Code and governmental plans under 401(a)(24) of the Code. For this purpose, a trust includes a custodial account or separate tax favored account maintained by an insurance company that is treated as a trust under 401(f) or under Section 457(g)(3) of the Code. While any portion of the assets of the Fund are invested in such a group trust, such group trust is itself adopted as a part of the System or plan. I. Any collective or common group trust to which assets of the fund are transferred pursuant to this Clause (iii) shall be adopted by the Board as part of the System by executing appropriate participation, adoption agreements, and/or trust agreements with the group trust’s trustee. II. The separate account maintained by the group trusts for the System pursuant to this Clause (iii) shall not be used for, or diverted to, any purpose other than for the exclusive benefit of the members and beneficiaries of the System. III. For purposes of valuation, the value of the separate account maintained by the group trust for the System shall be the fair market value of the portion of the group trust Page 713 of 812 40 held for the System, determined in accordance with generally recognized valuation procedures. C. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. D. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. E. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. F. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. G. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, certification, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. H. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled to, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner resolved in accordance with applicable law. Page 714 of 812 41 I. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. J. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. K. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. SECTION 19. INCOME DEDUCTION ORDERS, RETIREE DIRECTED PAYMENTS, EXEMPTION FROM EXECUTION, NON-ASSIGNABILITY (a) Income Deduction Orders – (1) Prior to the entry of any income deduction order which affects or purports to affect the System's responsibility in connection with the payment of benefits of a Retiree, the Member or Retiree shall submit the proposed order to the Board for review to determine whether the System may legally honor the order. (2) If an income deduction order is not submitted to the Board for review prior to entry of the order, and the System is ordered to take action that it may not legally take, and the System expends administrative or legal fees in resolving the matter, the Member or Retiree who submits such an order will be required to reimburse the System for its expenses in connection with the order. (b) Retiree Directed Payments – The Board may, upon written request by a Retiree or by a Beneficiary, authorize the System to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the City, to pay the certified bargaining agent of the City, to make payment to insurance companies for insurance premiums and to make any payments for child support or alimony. (c) Exemption from Execution, Non-Assignability – Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tax of the state and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. SECTION 20. CLAIMS PROCEDURES (a) The Board shall establish administrative claims procedures to be utilized in processing written requests (“claims”), on matters which affect the substantial rights of any person (“Claimant”), including Members, Retirees, Beneficiaries, or any person Page 715 of 812 42 affected by a decision of the Board of claims for benefits under the System. As provided in Paragraph 17(e)(1), the decision of the Board of Trustees regarding benefit claims shall be final and binding on all parties. (b) The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board’s claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoena not to exceed the fees set forth in Florida Statutes. SECTION 21. INDEMNIFICATION (a) To the extent not covered by insurance contracts in force from time to time, the City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys’ fees, arising out of claims, suits, litigation, or threat of same, herein referred to as “claims”, against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. SECTION 22. AMENDMENT AND TERMINATION OF SYSTEM (a) This ordinance establishing the The System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified amended or terminated, or amended, in whole or in part at any time by any lawful ordinance of the City; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shall not be affected thereby, except to the extent that the assets of the Fund may be determined to be inadequate no such amendment or termination shall have the effect of decreasing the benefits accrued by any member at the time of said amendment or termination. (b) Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvement, unless such ordinance specifically provides to the contrary (c) If Should this ordinance shall be repealed the System be terminated, or if contributions to the System provided in Section 5 are be discontinued, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any and Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options Page 716 of 812 43 provided for in this ordinance who are designated by any of said Members. In the event of repeal termination of the system, or if contributions to the System are discontinued of discontinuation of contributions, there shall be full vesting (100%) of benefits accrued to date of repeal as of the date of termination or discontinuation of contributions, and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof hereof. (d) The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this Ordinance termination, or as of the date, as determined by the Board, of the cessation of contributions if contributions to the System are discontinued with the date of such discontinuation being determined by the Board. (1) Apportionment shall first be made in respect of each Retiree receiving a retirement benefit hereunder on such date, each person receiving a benefit on such date on account of a retired (but since deceased) Member, and each Member who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. (2) If there be any asset value remaining after the apportionment under Paragraph 1, apportionment shall next be made in respect of each Member in the service of the City on such date who is vested and who is not entitled to an apportionment under paragraph 1, in the amount required to provide the Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), based on the Credited Service and Average Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. (3) If there be any asset value after the apportionments under Paragraphs (1) and (2), apportionment shall be made in respect of each Member in the service of the City on such date who is not entitled to an apportionment under Paragraphs A and B in the amount equal to Member's Accumulated Contributions, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder such latter amount shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. Page 717 of 812 44 (4) If there be any asset value remaining after the apportionments under Paragraphs (1), (2) and (3), apportionment shall lastly be made in respect of each Member included in Paragraph (3) above to the extent of the Actuarial Equivalent of the non-vested accrued normal retirement benefit, less the amount apportioned in Paragraph (3), based on the Credited Service and Average Final Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. (5) In the event that there be asset value remaining after the full apportionment specified in Paragraphs (1), (2) , (3) and (4), such excess shall be returned to the City, less return of the State's contributions to the State, provided that, if the excess is less than the total contributions made by the City and the State to the date of termination such excess shall be divided proportionately to the total contributions made by the City and the State. (6) The allocation of the Fund provided for in this Subsection may, as decided by the Board be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this Subsection. The Fund may be distributed in one sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The Fund may be continued in existence for purposes of subsequent distributions. (7) After all the vested and accrued benefits provided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining funds revert to the general fund of the City. SECTION 23. MISCELLANEOUS PROVISIONS (a) Interest of Members in the System – All assets of the Fund are held in trust, and at no time prior to the satisfaction of all liabilities under the System with respect to Retirees and Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. (b) No amendment or ordinance shall be adopted by the City Commission of the City of Ocoee which shall have the effect of reducing the then vested accrued benefits of Members or a Member’s Beneficiaries. (b) Qualification of the System – It is intended that the System will constitute a qualified public pension plan under the applicable provisions of the Code for a qualified governmental plan under Code Section 401(a) and a governmental plan under Code Section 414(d) of the Internal Revenue Code, as now in effect or hereafter amended. Any modification or amendment of the System may be retroactively retroactive, if necessary or appropriate, to qualify or maintain the System ass a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other Page 718 of 812 45 applicable provisions of the U.S. Federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder to maintain the qualified status of the System. (c) Use of Forfeitures – Forfeitures arising from terminations of service of Members shall serve only to reduce future contributions required of the City. (d) Prohibited Transactions – Effective as of January 1, 1989, the Board may not engage in a transaction prohibited by Code Section 503(b). (f) USERRA – Effective December 12, 1994, notwithstanding any other provision of this System, contributions, benefits and service credit with respect to qualified military service are governed by Code Section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of “Credited Service” sets forth contribution requirements that are more favorable to the Member than the minimum compliance requirements, the more favorable provisions shall apply. (g) Vesting – (1) Member will be 100% vested in all benefits upon attainment of the Plan’s age and service requirements for the Plan’s normal retirement benefit; and (2) A Member will be 100% vested in all accrued benefits, to the extent funded, if the Plan is terminated or experiences a complete discontinuance of employer contributions. (e) Electronic Forms – In those circumstances where a written election or consent is not required by the Plan or the Code, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the Board. However, where applicable, the Board shall comply with Treasury Regulation 1.401(a)-21. (f) Validity of Pensions – The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The Board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the Board accordance with applicable law. SECTION 24. INTERNAL REVENUE CODE COMPLIANCE (a) Maximum amount of retirement income – Page 719 of 812 46 (1) The limitations of this subsection (a) shall apply in limitation years beginning on or after July 1, 2007, except as otherwise provided herein, and are intended to comply with the requirements of the Pension Protection Act of 2006 and shall be construed in accordance with said Act and guidance issued thereunder. The provisions of this subsection (a) shall supersede any provision of the Plan to the extent such provision is inconsistent with this subsection. The annual pension as defined in paragraph (2) below otherwise payable to a participant at any time shall not exceed the dollar limitation for the Member multiplied by a fraction whose value cannot exceed one (1), the numerator of which is the participant’s number of years (or part thereof, but not less than one (1) year) of service with the City and the denominator of which is ten (10). For this purpose, no more than one (1) year of service may be credited for any Plan Year. If the benefit the participant would otherwise accrue in a limitation year would produce an annual pension in excess of the dollar limitation, the benefit shall be limited (or the rate of accrual reduced) to a benefit that does not exceed the dollar limitation. (2) "Annual pension" means the sum of all annual benefits, payable in the form of a straight life annuity. Benefits payable in any other form shall be adjusted to the larger of: A. For limitation years beginning on or after July 1, 2007: (i) the straight life annuity (if any) payable to the participant under the Plan commencing at the same annuity starting date as the participant’s form of benefit; or (ii) the actuarially equivalent straight life annuity commencing at the same annuity starting date, computed using a five (5.00) percent interest rate and the mortality basis prescribed in Code section 415(b)(2)(E)(v). B. For limitation years beginning before July 1, 2007: (I) the actuarially equivalent straight life annuity commencing at the same annuity starting date, computed using the interest rate and mortality basis specified by the Board of Trustees for determining actuarial equivalence under the Plan for the particular form of payment; or (II) the actuarially equivalent straight life annuity commencing at the same annuity starting date, computed using a five (5.00) percent interest rate and the mortality basis prescribed in Code section 415(b)(2)(E)(v). No actuarial adjustment to the benefit shall be made for benefits that are not directly related to retirement benefits (such as a qualified disability benefit, preretirement incidental death benefits, and postretirement medical benefits); or the inclusion in the form of benefit of an automatic benefit increase feature, Page 720 of 812 47 provided the form of benefit is not subject to section 417(e)(3) of the Internal Revenue Code and would otherwise satisfy the limitations of this subsection (a), and the amount payable under the form of benefit in any limitation year shall not exceed the limits of this subsection (a) applicable at the annuity starting date, as increased in subsequent years pursuant to section 415(d) of the Code. For this purpose, an automatic benefit increase feature is included in a form of benefit if the form of benefit provides for automatic, periodic increases to the benefits paid in that form. (3) "Dollar limitation" means, effective for the first limitation year beginning after January 1, 2001, one hundred sixty thousand dollars ($160,000.00), automatically adjusted under Code section 415(d), effective January 1 of each year, as published in the Internal Revenue Bulletin, and payable in the form of a straight life annuity. The new limitation shall apply to limitation years ending with or within the calendar year of the date of the adjustment, but a participant’s benefits shall not reflect the adjusted limit prior to January 1 of that calendar year. The dollar limitation shall be further adjusted based on the age of the participant when the benefit begins as follows: A. For Annuity Starting Dates in limitation years beginning on or after July 1, 2007: (i) If the annuity starting date for the participant’s benefit is after age sixty-five (65): (I) If the Plan does not have an immediately commencing straight life annuity payable at both age sixty- five (65) and the age of benefit commencement: The dollar limitation at the participant’s annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the participant’s annuity starting date that is the actuarial equivalent of the dollar limitation with actuarial equivalence computed using a five (5.00) percent interest rate assumption and the mortality basis prescribed in Code section 415(b)(2)(E)(v) for that annuity starting date (and expressing the participant’s age based on completed calendar months as of the annuity starting date). (II) If the Plan does have an immediately commencing straight life annuity payable at both age sixty-five (65) and the age of benefit commencement: The dollar limitation at the participant’s annuity starting date is the lesser of (aa) the dollar limitation multiplied by the ratio of the annual amount of the adjusted immediately commencing straight life annuity under the Plan at the participant’s annuity starting date to the annual amount of the adjusted Page 721 of 812 48 immediately commencing straight life annuity under the Plan at age sixty-five (65), both determined without applying the limitations of this subsection (a), and (bb) the limitation determined under Subclause (3)A.(i)(I) of this subsection (a). For this purpose, the adjusted immediately commencing straight life annuity under the Plan at the participant’s annuity starting date is the annual amount of such annuity payable to the participant, computed disregarding the participant’s accruals after age sixty-five (65) but including actuarial adjustments even if those actuarial adjustments are used to offset accruals; and the adjusted immediately commencing straight life annuity under the Plan at age sixty-five (65) is the annual amount of such annuity that would be payable under the Plan to a hypothetical participant who is age sixty-five (65) and has the same accrued benefit as the participant. (ii) Except with respect to a participant who is a "qualified Member" as defined in section 415(b)(2)(H) of the Code, for benefits (except survivor and disability benefits as defined in section 415(b)(2)(I) of the Code), if the annuity starting date for the participant’s benefit is before age sixty-two (62): (I) If the Plan does not have an immediately commencing straight life annuity payable at both age sixty- two (62) and the age of benefit commencement: The dollar limitation at the participant’s annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the participant’s annuity starting date that is the actuarial equivalent of the dollar limitation with actuarial equivalence computed using a five (5.00) percent interest rate assumption and the mortality basis prescribed in Code section 415(b)(2)(E)(v) for that annuity starting date (and expressing the participant’s age based on completed calendar months as of the annuity starting date). (II) If the Plan does have an immediately commencing straight life annuity payable at both age sixty-two (62) and the age of benefit commencement: The dollar limitation at the participant’s annuity starting date is the lesser of (aa) the dollar limitation multiplied by the ratio of the annual amount of the adjusted immediately commencing straight life annuity under the Plan at the participant’s annuity starting date to the annual amount of the adjusted immediately commencing straight life annuity under the Plan at age sixty-two (62), both determined without Page 722 of 812 49 applying the limitations of this subsection (a), and (bb) the limitation determined under Subclause (3)A.(ii)(I) of this subsection (a). B. For annuity starting dates in limitation years beginning before July 1, 2007: Age as of Annuity Starting Date: Adjustment of Dollar Limitation: Over 65 The smaller of: (a) The Actuarial Equivalent of the limitation for age 65, computed using the interest rate and mortality basis specified by the Board of Trustees for determining actuarial equivalence under the Plan; or (b) The actuarial equivalent of the limitation for age 65, computed using a 5.00 percent interest rate and the mortality basis prescribed in Code section 415(b)(2)(E)(v). Any increase in the Dollar Limitation determined in accordance with this paragraph shall not reflect a mortality decrement between age 65 and the age at which benefits commence if benefits are not forfeited upon the death of the participant. If any benefits are forfeited upon death, the full mortality decrement is taken into account. 62 to 65 No adjustment. Less than 62 The smaller of: (a) The Actuarial Equivalent of the limitation for age 62, computed using the interest rate and mortality basis specified by the Board of Trustees for determining actuarial equivalence under the Plan; or (b) The actuarial equivalent of the limitation for age 62, computed using a 5.00 percent interest rate and the mortality basis prescribed in Code section 415(b)(2)(E)(v). This adjustment shall not apply to any "qualified Member" as defined in section 415(b)(2)(H), nor to survivor and disability benefits as defined in section 415(b)(2)(I) of the Code. (4) With respect to Subclause (3)A.(i)(I), Subclause (3)A.(ii)(I) and paragraph (3)B. above, no adjustment shall be made to the dollar limitation to reflect the probability of a participant’s death between the annuity starting date and age sixty-two (62), or between age sixty-five (65) and the annuity starting date, as applicable, if benefits are not forfeited upon the death of the participant Page 723 of 812 50 prior to the annuity starting date. To the extent benefits are forfeited upon death before the annuity starting date, such an adjustment shall be made. For this purpose, no forfeiture shall be treated as occurring upon the participant’s death if the Plan does not charge participants for providing a qualified preretirement survivor annuity, as defined in Code section 417(c), upon the Member's death. (5) The term "limitation year" is the 12-month period which is used for application of the limitations under Code section 415 and shall be the calendar year. (6) The limitations set forth in this subsection (a) shall not apply if the annual pension does not exceed ten thousand dollars ($10,000.00) provided the participant has never participated in a defined contribution plan maintained by the City. (7) Cost-of-living adjustments in the dollar limitation for benefits shall be limited to scheduled annual increases determined by the Secretary of the Treasury under subsection 415(d) of the Code. (8) In the case of a participant who has fewer than ten years of participation in the Plan, the dollar limitation set forth in paragraph (3) of this subsection (a) shall be multiplied by a fraction - (i) the numerator of which is the number of years (or part thereof) of participation in the Plan, and (ii) the denominator of which is ten (10). (9) Any portion of a participant’s benefit that is attributable to mandatory participant contributions (unless picked-up by the City) or rollover contributions, shall be taken into account in the manner prescribed in the regulations under section 415 of the Code. (10) Should any participant participate in more than one (1) defined benefit plan maintained by the City, in any case in which the Member's benefits under all such defined benefit plans (determined as of the same age) would exceed the dollar limitation applicable at that age, the accrual of the participant’s benefit under this Plan shall be reduced so that the participant’s combined benefits will equal the dollar limitation. (11) For a participant who has or will have distributions commencing at more than one (1) annuity starting date, the annual benefit shall be determined as of each such annuity starting date (and shall satisfy the limitations of this section as of each such date), actuarially adjusting for past and future distributions of benefits commencing at the other annuity starting dates. For this purpose, the determination of whether a new starting date has occurred shall be made without regard to §1.401(a)-20, Q&A 10(d), and with regard to §1.415(b)1(b)(1)(iii)(B) and (C) of the Income Tax Regulations. (12) The determination of the annual pension under paragraph a.(1) of this subsection (a) shall take into account (in the manner prescribed by the regulations under section 415 of the Code) social security supplements described in section 411(a)(9) of the Internal Revenue Code and benefits Page 724 of 812 51 transferred from another defined benefit plan, other than transfers of distributable benefits pursuant §1.411(d)-4, Q&A-3(c) of the Income Tax Regulations. (13) The above limitations are intended to comply with the provisions of section 415 of the Code, as amended, so that the maximum benefits provided by plans of the City shall be exactly equal to the maximum amounts allowed under section 415 of the Code and regulations thereunder. If there is any discrepancy between the provisions of this subsection (a) and the provisions of section 415 of the Code and regulations thereunder, such discrepancy shall be resolved in such a way as to give full effect to the provisions of section 415 of the Code. The value of any benefits forfeited as a result of the application of this subsection (a) shall be used to decrease future employer contributions. (14) For the purpose of applying the limitations set forth in sections 401(a)(17) and 415 of the Internal Revenue Code, compensation shall include any elective deferral (as defined in Code section 402(g)(3) of the Internal Revenue Code), and any amount which is contributed or deferred by the employer at the election of the Member and which is not includible in the gross income of the participant by reason of section 125 or 457 of the Internal Revenue Code. For limitation years beginning on and after January 1, 2001, for the purposes of applying the limitations described in this subsection (a), compensation paid or made available during such limitation years shall include elective amounts that are not includible in the gross income of the participant by reason of section 132(f)(4) of the Internal Revenue Code. For limitation years on or after July 1, 2007, compensation shall include payments that otherwise qualify as compensation and that are made by the later of: (a) two and one-half (2½) months after severance from employment with the employer, and (b) the end of the limitation year that includes the date of severance. (b) Required beginning date (1) Notwithstanding any other provision of the Plan, payment of a participant's retirement benefits under the Plan shall commence not later than the participant's required beginning date, which effective January 1, 2023, is defined as April 1 of the calendar year that next follows the later of (1) and (2), where (1) is the calendar year in which the Member attains his or her Applicable Age as defined in Section 401(a)(9) of the Code and (2) is the calendar year in which the participant retires. (c) Required minimum distributions (1) Required beginning date – The participant's entire interest will be distributed, or begin to be distributed, to the participant no later than the participant's required beginning date as defined in subsection (b) of this Section. (2) Death of participant before distributions begin – Page 725 of 812 52 A. If the participant dies before distributions begin, the participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (i) If the participant's surviving spouse is the participant's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the participant died, or by December 31 of the calendar year in which the participant would have attained his or her Applicable Age. (ii) If the participant's surviving spouse is not the participant's sole designated beneficiary, then distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the participant died. (iii) If there is no designated beneficiary as of September 30 of the year following the year of the participant's death, the participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the participant's death. B. The participant's entire interest shall be distributed as follows: (i) Participant survived by designated beneficiary. If the participant dies before the date distribution of his or her interest begins and there is a designated beneficiary, the participant's entire interest will be distributed, beginning no later than the time described in Subparagraph (2)A above, over the life of the designated beneficiary or over a period certain not exceeding: (I) Unless the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the beneficiary's age as of the beneficiary's birthday in the calendar year immediately following the calendar year of the participant's death; or (II) If the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the beneficiary's age as of the beneficiary's birthday in the calendar year that contains the annuity starting date. (ii) No designated beneficiary. If the participant dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the participant's death, distribution of the participant's entire Page 726 of 812 53 interest will be completed by December 31 of the calendar year containing the fifth anniversary of the participant's death. C. Death of surviving spouse before distributions to surviving spouse begin – In any case in which (i) the participant dies before the date distribution of his or her interest begins, (ii) the participant's surviving spouse is the participant's sole designated beneficiary, and (iii) the surviving spouse dies before distributions to the surviving spouse begin, Subparagraphs (2)(A) and 2(B) above shall apply as though the surviving spouse were the participant. (3) Requirements for annuity distributions that commence during participant's lifetime – A. Joint life annuities where the beneficiary is not the participant's spouse. If the participant's interest is being distributed in the form of a joint and survivor annuity for the joint lives of the participant and a nonspousal beneficiary, annuity payments to be made on or after the participant's required beginning date to the designated beneficiary after the participant's death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable to the participant using the table set forth in Q&A-2 of section 1.401(a)(9)-6 of the Treasury regulations. If the form of distribution combines a joint and survivor annuity for the joint lives of the participant and a nonspousal beneficiary and a period certain annuity, the requirement in the preceding sentence will apply to annuity payments to be made to the designated beneficiary after the expiration of the period certain. B. Period certain annuities. Unless the participant's spouse is the sole designated beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the participant's lifetime may not exceed the applicable distribution period for the participant under the Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that contains the annuity starting date. If the annuity starting date precedes the year in which the participant reaches age seventy (70), the applicable distribution period for the participant is the distribution period for age seventy (70) under the Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations plus the excess of seventy (70) over the age of the participant as of the participant's birthday in the year that contains the annuity starting date. If the participant's spouse is the participant's sole designated beneficiary and the form of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the participant's applicable distribution period, as determined under this subparagraph (3)(B), or the joint life and last survivor expectancy of the participant and the participant's spouse as determined under the Joint Page 727 of 812 54 and Last Survivor Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the participant's and spouse's attained ages as of the participant's and spouse's birthdays in the calendar year that contains the annuity starting date. (4) Form of distribution. Unless the participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with subparagraphs (4)A, (4)B and (4)C below. If the participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of section 401(a)(9) of the Code and the Treasury regulations. Any part of the participant's interest which is in the form of an individual account described in section 414(k) of the Code will be distributed in a manner satisfying the requirements of section 401(a)(9) of the Code and the Treasury regulations that apply to individual accounts. A. General annuity requirements – If the participant's interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements: (i) The annuity distributions will be paid in periodic payments made at intervals not longer than one (1) year; (ii) The distribution period will be over a life (or lives) or over a period certain, not longer than the distribution period described in paragraphs (2) or (3) above, whichever is applicable, of this subsection (c); (iii) Once payments have begun over a period certain, the period certain will not be changed even if the period certain is shorter than the maximum permitted; (iv) Payments will either be non-increasing or increase only as follows: (I) By an annual percentage increase that does not exceed the annual percentage increase in a cost-of-living index that is based on prices of all items and issued by the Bureau of Labor Statistics; (II) To the extent of the reduction in the amount of the participant's payments to provide for a survivor benefit upon death, but only if the beneficiary whose life was being used to determine the distribution period dies or is no longer the participant's beneficiary pursuant to a qualified domestic relations order within the meaning of section 414(p) of the Code; (III) To provide cash refunds of employee contributions upon the participant's death; or Page 728 of 812 55 (IV) To pay increased benefits that result from a plan amendment. B. Amount required to be distributed by required beginning date. The amount that must be distributed on or before the participant's required beginning date (or, if the participant dies before distributions begin, the date distributions are required to begin under subparagraph (2)A(i) or (2)A(ii), whichever is applicable) is the payment that is required for one (1) payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., bi-monthly, monthly, semi-annually, or annually. All of the participant's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the participant's required beginning date. C. Additional accruals after first distribution calendar year. Any additional benefits accruing to the participant in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (5) For purposes of this subsection (c), distributions are considered to begin on the participant's required beginning date. If annuity payments irrevocably commence to the participant (or to the participant's surviving spouse) before the participant's required beginning date (or, if to the participant's surviving spouse, before the date distributions are required to begin in accordance with subparagraph (2)(A) above), the date distributions are considered to begin is the date distributions actually commence. (6) Definitions. A. Designated beneficiary. The individual who is designated as the beneficiary under the Plan and is the designated beneficiary under section 401(a)(9) of the Code and section 1.401(a)(9)-4, of the Treasury regulations. B. Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the participant's required beginning date. For distributions beginning after the participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to paragraph (2) of this subsection (c). Page 729 of 812 56 C. Life expectancy. Life expectancy as computed by use of the Single Life Table in section 1.401(a)(9)-9 of the Treasury regulations. (d) Eligible rollover distributions: (1) 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 administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. The following definitions apply to this section: A. Eligible rollover distribution: An eligible rollover distribution is any 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 (1) 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 ten (10) years or more; (ii) any distribution to the extent such distribution is required under section 401(a)(9) of the Code; (iii) the portion of any distribution which is made upon hardship of the participant; and (iv) the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities), provided that a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in section 408(a) or (b) of the Code, or to a qualified defined contribution plan described in section 401(a) or 403(a) of the Code that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. B. Eligible retirement plan – An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, an annuity contract described in section 403(b) of the Code, a qualified trust described in section 401(a) of the Code, an eligible plan under section Page 730 of 812 57 457(b) of the Code 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, with respect to distributions on or after January 1, 2008, a Roth IRA (subject to the limitations of Code section 408A(c)(3)) that accepts the distributee's eligible rollover distribution. C. Distributee – A distributee includes 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 section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. Furthermore, effective January 1, 2007, a surviving designated beneficiary as defined in section 401(a)(9)(E) of the Code who is not the surviving spouse and who elects a direct rollover to an individual retirement account described in section 408(a) of the Code or an individual retirement annuity described in section 408(b) of the Code shall be considered a distributee. D. Direct rollover – A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee. (e) Notwithstanding any other provision of this Plan, the maximum amount of any mandatory distribution, as defined in section 401(a)(31) of the Code, payable under the Plan shall be one thousand dollars ($1,000.00). (f) Compensation limitations under 401(a)(17): In addition to other applicable limitations set forth in the Plan, and notwithstanding any other provision of the Plan to the contrary, the annual compensation of each participant taken into account under the Plan shall not exceed the EGTRRA annual compensation limit for limitation years beginning after December 31, 2001. The EGTRRA annual compensation limit is two hundred thousand dollars ($200,000.00), as adjusted by the commissioner for increases in the cost of living in accordance with section 401(a)(17)(B) of the Code. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding twelve (12) months, over which compensation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than twelve (12) months, the EGTRRA annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is twelve (12). Any reference in the Plan to the limitation under section 401(a)(17) of the Code shall mean the EGTRRA annual compensation limit set forth in this provision. (g) At no time prior to the satisfaction of all liabilities under the Plan with respect to participants and their spouses or Beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. Page 731 of 812 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. Page 732 of 812 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): 2.An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any): Page 733 of 812