HomeMy WebLinkAbout2026-06 - Amendment to the General Employees Retirement Trust FundORDINANCE NO. 2026-06
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; PREVAILING IN THE EVENT OF ANY
INCONSISTENCY; 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. Conflicting Ordinances. This ordinance prevails in the event of
any inconsistency with all ordinances or parts of ordinances in conflict herewith.
11
Tit 1111111
a date certain shall take effect as of the date specified herein.
PASSED AND ADOPTED this a)! day of kpv- 11 2026.
MELANIE SIBBITT
CITY CLERK
(SEAL) ADVERTISED hPill'-l' 2026
READ FIRST TIME ,2026
READAECOND TIME A D ADOPTED
2026
UNDER AGENDA ITEM NO. mp
OEM
'M AND LEGALITY
,2026.
Agem- IMMy Akom"ey
0
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 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 Gomb4ned Healthy Unisex Mortality Table and an interest rate equal te the
investment Fetum assumption set ferth in the last aGtuarial valuatien report approved by
the BGard. This definition may only be amended by the City pursuant to the
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
reGeave benefits heFeunder at the death ef a Member who has Gr 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 rye
3
v,_ _ihe Member, the BeRefinia ry 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—reReral Em—nlee
ml
_ . . .
r
- r
_ - -
r
- -
• FAXWA P
-gel
- •
_
- r
e
1 1I-
-
- UK
- • -
■
1 PW
1
ff"ZIME1 1- u. r
_ r. • FE-3 A
. 1 ! -
- - -MEN.•
_ - - - -
- • - -
--
-
-
MPIM�ffi
C �-FWWM
�IMCTTFMAIV
-
_
PAN-
_ _ r -
_
TWM
1 I _ • -
M.M.TUFMAWMM
MP
_
Gf _
_
1991
• _
_ _
_
•
_
er
_ _ r
reemple
-
- -
- -
MUMMMUMNAM
- -
00
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.
Member means a
Genimessioners. Mayers and are nOn-GOntributing members and shall
have a neFmal FetaFement date, aR eaFly retirement date and vesting appliGable to them
I . ied for herein. Benefit imprGvements whiGh, in the past, have been pre� ' fided foF
by amendments te the System adopted by City erdinanGe, and any benefit impFevemente,
whiGh might be made in the future shall apply pFespeGt;Vely and shall nGt apply tG
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
C:
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 April 21, 2026.
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
4 Coe +t+eas-e#-ElieiW st+ ses#ie�-atl-Geeer-at
E-mp 3fees-as-e#-tl3e-E#eetive-9ate ,-and-all-€ tu%-new-General-EfnpleyeesTshaal-beseRle
Members�#-this Systun-as-mead-itiGn-e##-ernpleyrnent.
A- -The-fellewlng-empleyees,-as-e#-tbe-e#eeti-ve-date-aad-all4u e-new
employees-shall-beGG me-Fnembe-ps-e#-this--System-as-a-Een4itien--,G#
employment:-N4Gtwithstaeding4he-previGu-s-senten sew-new-employee-wh$-ia
hireras-the-City-M,anage�,^,r,-s-sistent-Clty�Aa�aage�-e�-a-Bireete�-r�aay�pea
employment -as -City -Manager-; Assistant-City-Manager--er-a-DireGtof, not} -the
l3eafd,an.d he-4Q+ty; in -writing; e#-hfs-er-her--elestien-net4o-be-a-member-of44e
Syste4�n--Gerrent-empleyees-e#-the-Gity-whe-are-seleeted4 -beeem -City
Manager,-4ssista.nt-S -Manager-er-Direeters-are-net-e4gible-#ef4he-apt-eut
previ#ed4ar-herein-1a-the-event-e#-any-aaeh-eleetien,-the-eaeh-person-z]4all-be
barre44em4uture-:nembe%bip4n the -system -Thereafter; een#-ributiens4G4he
pla-non-aeaerdanae-wM seetien-a,-shall-net-be-regeife�he-shall-net-be-e4gfble
#e-be-eleeted-as-a-member-trustee-on4he-beard-er vote-for-a-member-4rastee,
a�-he-shall-ant-be-elig+ble-€er-any-ether-berfe#i#s-€ret�a-the-plan-
17
_ •
��_
- - -
- wt
r
1 I _ _ _
_
_
EaGh Member shall GGmplete a fern; preSGFibed by the Beard previding for the
designation of a BenefiGnar i or BenefiniaFie
...y..w.,,,,..,. H ".,,,.,,..,,w,y VI IJllllTlfV�IiVJ:
(a) Commencement of Membership — Subiect 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
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 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 F her the Member's death.
Each designation may be revoked or changed at any time and from time to time by such
Member ^-o pie, 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 a deceased Member e-r
Retiree failed to name a Beneficiary in the manner prescribed in Subsection (a), or if the
Beneficiary (or Beneficiaries) named by a deceased Member G"tee predeceased the
Member ^r Retiree, the death -benefit, if any, which may be payable under the system
with respect to such deceased Member er Retiree shall be paid to the estate of the
Member or Retiree.
SECTION 5. CONTRIBUTIONS
(a) Member Contributions — Each Member of the System, excepMayers and
t
rs 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 ^f 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. SUGh designati^„ iS Gonti gent „pen the
des fef 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
.01
of the election. If no such election is made, the Member's contributions to the Fund shall
continue.
(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 e; and fractional parts of years when 66I^h Memhor 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 der
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-e 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.
We
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.
(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 duriRg each o'�Year tea
Member's employment with the City OF iR the Plan Yea F n whiGh the MembeF terminates
employment.
(e) In the event that a Member (except an Elected Official
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 Eredited 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
11
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. VEWJ& 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 Rot yet earned a
vested right beEame aMember p+ prier to C�tembeF 18, ` 012 and h•+sfewer
than fide (5)yea-rs�Gred-Fted-�Sa ine _,�ien, r r +_oifv he -Me'.m.her
tVt became-Q-en;beF eR-()F after Septembe. 188, 2012 Enid h;;a fPwQrc� R seven
(7) years of Credited Camino i peR termination or if the Member is a Mayor oGrapnMossaener Member aR F=IeGtPfj Qffigigl Member with feweF than niRe (9)
� � � iuur.� ,
pears of-Gredited Sew+ee- upon -tom i„n,atieR, 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.
12
(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 )F she not e!e'Gt +�.c—cv—withdraw h s er her 4nnUmUIatea
the Member survives to his or her otherwise
early or normal retirement date. If the Member does not withdFaw hi
her AP./NIr Ulated nnntributions and rhos n„t 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—m eIgIATe—fer Fet-irement 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
Member)sioRer MembereGame
_
_ r
1
NOIN TM.MMMIMMONT".
SEMI
11_
MIN
-
1 I -
- -
-
-
• i
-
•
i
l 1 - • 1
• -
- - -
(1 -
-
• i
- - - WIMAAWAIA
R-
•
i - -
• 1 1
1-
1 1
1 1-
- 1 I
- -
-
-
-LTJ r. - - -
- -
-
-
-
-
- - • - 1
101101 -
-
-
-
-
- -
MAI - -
-
-T.M
zr^
-
-ff.
1710-
-
•Wor.M.K
(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.
(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
f;FSt day of the month next fn11 g hi- i her Retirement and shall
yy
event. The monthiv retirement be„ef4�s, -a;;-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 ` NGh shall nnmmenne on the
first day f the month t fellowunn his ---her Retirement and
TTJ7Z1'L7"�ei�l7Ty 1 TIC't'�'�'1'i�Yr{7J�T-f�l'f�YYTrfq-ITI'J17T1'fCrTf'CGTITGT17yT rQl"TQ-si'1'Q7'f
nnntlnue thereafter durinn the Member's time ne i�nnn i-Jeath
thereafter r,-L-i#ern„�g- po„ aea-f ;
but with one hundred fiALenfA1 (I Or-)) ME)Rtl se
event. Thocmnnthl�i retirement benefit ,h.,ll equal to two and twenty-five
.y
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.
15
(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 Gentinued
en the first day of eaeh 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 Bate 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 oontinued on the first
day of ea^h 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, w-hiGh is
aGtuarially redUGed frorn the amount to whiGh he er she would have been
entitled her: he or she retired at his er her Plermal Retirement Date .+nd
with the Same number of of Credited SeFVT^e at the time his or hef
benefits G9mrnenee—and- based uponis or her . F=ina4
Gernpensatien 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 er Eligihilit„ for Retiremen+ - The Beneficiary of a deceased
Member who was not monthly benefits er who was -yet vested, er eligible
1111 NVII{..Il�
earl„ or normal retirement shall receive a refund of one -hundred percent (100%) of the
Member's Accumulated Contributions.
(b) Vested Deceased Members Vested OF Eligible fer Retirement with Spouse as
sole Beneficiary - This SubseGtiea-(2) applies only when theMember's Spouseiscrh-re
In the case of the death of a Vested Member whose Spouse
is the sole Beneficiary, The the Spouse Beneficiary ef any Member whe dies and whe,
shall be
entitled to a benefit as follows:
WE
(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 G
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 ea-rly 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, +4
a^�,�y event,. distributions to the Spouse RendGiary will beginhecernbeF 3
of the Galeridar year fellewing the GalendaF year in .AFhiGh the
Member died, or by a date seleGted pursuant to the aboVe previsieps W n this
the Member w, uld have attained 70 ,% 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 „r Eligible fer Retirement with Non -Spouse
Beneficiary — Tiissubsapplies men the--Member's Spouse isnot the
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 SUGh Member who dies and who, at the
date ef his — lie, deat.h. �.A.gaas vested, er eligible fbr early or normal , shall be
entitled to a benefit as follows:
17
(1) If the Member was vestedbut 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 DeGempEr 31 of the -calendar yeaTEeRta*Ri;g
+ho fifth anniversary of the Member r�►, the date required under Section 24.
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 ame ant nnr) form of ro+irement iRGE) o Normal Form of benefits payable in
the event of normal or early retirement as specified heroin ° a Member, upon written
request to the Board, may elect to receive a retirement income or benefit of equivalent
actuarial value payable in one of the
following optional forms:
liu;
(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 pint lifetime of the
fnlln\A iRg the death of either of thethem Member's lifetime, and a survivor benefit
of 100%, 75%, or 50% of such monthly amount payable to the sie
Member's designated Joint Pensioner for the lifetime of the suNiva 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 Benekiary nr 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. Ar}j
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,
0)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 tie in
the Normal form or in any one optional form
under (1), (2), or (3) above.
04
B. Ten (10) percent of the total actuarial equivalent value of the
benefit paid as a lump sum with ninety (90) percent paid tndel: in the
Normal Form or 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 unde in
the Normal Form or 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 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.
_ • _W-0.0i
r r _
1 1 _
-arraxn-ai
On
1 1 _
� _
r
vim II
MINr
U_va1 1 _ _
_ _ r
■
1
■ r
Ar
_ •
r r _ _
ME
(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 n„er.m.-aletirement date or early
retirement date Normal Retirement Age or Early Retirement Aqe, 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 (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 , 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 SeGt;GR must begin to be distributed to
the Member no later than April 1 of the nalendar year following the later of the
er the Galendar yeaF in whiGh the Member terminates empleyment 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 dodoes
not exceed one thousand dollars ($1,000.00). Any such payment to any person pursuant
to the power and discretion GOnfined conferred upon the Board by the preceding sentence
21
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.
-
eat
=27_
■
(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 e!eGtS fn
participate in the -DROP —shall paFti ipate in the DROP for a peried shall not
extend beyond to eXGeedi"n 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 whe efeEts tO paFtiGipate in the
1DRQP under er seGtion 2. l3., shall -paFtie+p ate-i n the nDRQP for a peri shall not
extend beyond toCV eed 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
timz��eG+inn 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
22
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 perm le maximum permitted
period of participation in the DROP as determined under
S bseG inn 2.G. 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 er her emp!Gyman+ as
Genera' Employee upon the termination of the Member's participation in
the DROP.
C. A Member whe terminates his nr hor whose participation in the
DROP has terminated under this 6Ub6entinn 2.1D. 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
23
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 eripdgfpartiGipation in the DROP shall be +'R
aGGGrdanGe with the provisions ef 6ubseGtiens 2.G. and 2. D., but On no
event shall it- GRtinue past the -date -hre er she terminates hisorher
em_pleyment as a General Employee
v n r
24
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 prier te the end of a
quarteF 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 a# e-r
25
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 peFFnissih�per-ied 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 net no cost -of -living adjustments shall be
applied to the Member's credit during such period of continued
employment. A Member ernp!Gyed who continues in Employment by the
City after the permissible peried maximum permitted period of DROP
participation will still not be eligible continues to be ineligible for pre -
retirement death er and disability benefits, and the Member shall not ner
will he or sl+ 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 paFt'Gipatien in the DROP shall be determined 4'-R
aGeoTdaRGe with the previsieRs of--subseGticcciGH6 2. o. a-md 22. .r.� bUt ;R E)
event shall it GGRtlnue-past the -date -he-er she terminates has or her
e rnp!GymeRt as a (moral Empleyei 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 th�er,miss. peFied of DRQP
park, then beginning with the Member's 1st month of
employment following the last month of the peFmissihle r,oried maximum
permitted period of DROP participation, the Member's DROP Account
will no longer be credited with interest, nor will monthly benefits be
26
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 r,orind of DROP participation will
still not be eligible continues to be ineligible for pre -retirement death of
and disability benefits, norror will he )F 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, subjent to tho
diront rnllieinns sot forth in subseGtinn 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) GOnfE)FFA tO-the " Minimum Distribution -of Benefits" previ6ieas prGvlded for herein.
27
r ■
r
(d) Administration of DROP
(1) Board Administers the DROP —
A. The general administration of the DODt ho��nnsihility for
i Gar in� n out thepFeyiiesnf�DROD and the responsibility of
eve eein the investment of the DRODes assets shall he planed in the
GVIr 1�'GL��'CTC�TlVe'JY1Y'F�Tf JVTJ-JRRTf"'/7G�7TQGG�Tr-CI""fli
s6ibGGFRFnitteeS with st toh n er� they shall determine; may adept
SUGh adMiRistrative PFGGedures and regulations as they deem desirable
fnr the �+/�y�dW eir ff irs• m }I��erize one o more of p-r
TGT-IT'TITGGTT�TAG�Th"Fli j fTfC��� a'�'LT'GITLTGTTG-GT�T�TG-Pf-�V R'
number or any anent to eveottte or deliver any instrument or make any
payment GR their tFnay retain GGIARsel,
ernploy agents and PFOVi
fnr Stroh olerinalt oonllnngt iiatiactuarial and consulting senoes a they
FFFE—NR yE�a/� yipg out nrn�iiy�S of the DROP and y'
'lu litv�'at�-FnGGRg hems yes or delegate o ether — persons all or su ,
PGFtiGR ofi heir -duties Under the DROP, nGther than thew granted -tco-them
as Trustee under any trust agreement adopted fe, q'IemeRting
the DROP, they, eh=, as thein thir so nv-ryeGrdee—
tiGn, shall dirl.. A TFustee sha4
not dote OR any question relating evclttsiyely 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.
._
.-.-IVAM-.
■-.•
AW
■-.■
■-. Rim
Glusive and final to the
by
law.Limotatien
extent
of Liability
peFmitted appliGable
The Trustees
mAGur liability
shall
not any
RIM
.-
r
_
r
(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 aGGrue future
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.
M\ 1� tienal Annni�nt The DROP A established er SUGh M h
�i9zrvrra-r-� c-vrcv r—r-cEC-A�Ft-e-S�a-arrsr� e•r�i-aer
+ nation -al r
used only for the purpose Of GaIGUIation of the DROP
�tYth,ifln -t B it is nGt a se ate-aGGG int in the y6tem-TrheFe is no
Ghange in the i
s assets and there is nG distributien available to the
,Member until the MemheF's teFMinna frervm the I)ROP The Members as no
Ge ntrol over theinvestmentof the DROP A .'G$ :
(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).
ME
gat
_0
■'�- -
-MIRI
21,
_ r _
AWNM■-.-
1
1/_
WJ
_ ■•.•1.1
Mw
Wr-Tj cl:
c1l.
-
- '-
-
-
- - •.�.
- '-
'-
•'�'
-
-
_
IN
lrw.l
_
• •
1 1 -
■ •
■
■
• .OR
■"WIN
NOW
WIN W-1
30
(11) Gn it,1ro of R�v'�'i'�erne'nt—BeRe�i� ry—i'rr——SeGtiG 7 chaI�Cll be
ewe,�—,-or�e,�,-� -�- --Plat-h+r� thi
ro of all r ent benefits c,
f e #e+tt���- ��g-8-R-9-�f�e�+e#i� .
(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,, eXGept 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. Notwithstandipg
the nreyieus senfnnoo reemployment Reemployment by the City shall be subject to the
limitations set forth below in this Section.
(b) Employment by the City Rafter normal retirement. Any retiree who is retired
under normal retirement pursuant to this system and who is reemployed by the eCity in
any capacity, shall upon being reemployed, continue receipt of retirement benefits during
any such employment period if they are+s 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 Fetired under neFrnal retiremeRt PUFSuant to this System and
reemployment,who is reemployed by the City after that retirement and, by virtue of that reemployment as
V neligible tG paFtiGipate ip this System, shall, during the peFiGd ef sudh
--,, -,.... .. -,. .-.---..... .__ .-__.r,. -, __.....—-..... .— ..,...., -Z,- . '
t,v-.,-- (1621). Fermer [DROP paFtiGipants shall begin reGeipt E)f benefits under these
rirn„m���nnoo
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_ d, 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 additionalether benefits
31
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.
(#e) 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 GGmmissieneF MernbeF 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 e+ and fractional parts of years that a Member (exGepta
Mayer or Gemmissio � MembeF) 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
(2) Military Service Prior to Employment, which is defined as the years e-r
and fractional parts of years that a Member
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 nr her gears of Gredited SeNino
(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 completede.
32
(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 PPprior 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 plater 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
33
(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
34
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 Octoberl , 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
35
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.
36
(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.
37
(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
38
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 settTRg fel4h-permissible typos of investments
goals and shie s of investments and setting quality and
9vur�-u�'ra�nTc �-vt-rmv-v� e�ira arra�cr
quantity limi at' on investments in anoordanoe with the
p��.a�mry-�rcryy�-rrnTrta-ciBi�-Srvn �rn�v�c�,�}�rrpre�n-c�o+�--rr��ac
Fe GOTT m 7'1'V"CJt71'Ic✓�lt G RSUlta]ts The inyestmen
nolinY statement shell he reviewed by the Board at least annually,
and shall be fellllnwed by the Beard in making its investment
deniacciSiORsi 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
39
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 appreved by the Beard
si4nh a manner that the Gtuarlal Equivalent of the benefit to whinh +he
Member, Retiree or R ry was norrentl�i entitled to shall he paid-.
purer.
shall he made up frnrn the Fund in a prudent manner resolved in
accordance with applicable law.
40
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
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 erdinanno establiShinrr the The System and Fund, and subsequeRt
ordinanoes pertainiRg to said System and c„n�,, may be modified -amended or terminated,
oFaR;eRded, in whole or in part at any time by any lawful ordinance of the City; provided
that Of this eF any subsequent E)rdinanGe shall be arnended er repealed in its appliGati
alteFation, amendMent, GF repeal shall have aGGFUed to the Member oF Benef*GiaFy shall
not be affeGted thereby, eXGePt tO the extent that the assets of the Fund may be
deteFFn*ne-d 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) # Should this ^ram'-o,�inaRGe shall be repealed the System be terminated, or if
contributions to the System provided in Section 5 a -re be discontinued, the Board shall
continue to administer the System in accordance with the provisions of this ordinance, for
the sole benefit of the theMembers, any and Beneficiaries then FeGei„ing retirement
allewanGes, and any future perso— to r enefits under one of the eptieRs
42
provided fbp in this ordiRaRGe who are designated by aRy ef sand Members. In the event
of repeal termination of the system, or if of
discontinuation of contributions, there shall be full vesting (100%) of benefits accrued to
Fate 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 t-heree#
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 OrdinanGe. termination, or as of the date as
determined by the Board, of the cessation of contributions if Gentributions to the System
are diGGE)RtiRued with the date Of SUGh diSGontinuatien being determined by the Beard.
(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.
43
(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) Qualification of the System — It is intended that the System will constitute a
qualified
governmental plan under Code Section 401(a) and
Section 414(d) of the Internal Revenue Code, as now in effect or hereafter amended. Any
modification or amendment of the System may be FetFE) a Gtive ly-retroactive, if necessary
nr adopted, aR d the Feg lationo issued there I Aer 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).
_ r r
War..r
.r.uL_Va
• _ • • 1
ME
1 1 _
1 II_••.
A NI .
•
(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 accordance with
applicable law.
SECTION 24.
INTERNAL REVENUE CODE COMPLIANCE
(a) Maximum amount of retirement income —
45
(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 00). For
this purpose, no more than one (11) 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
adiusted 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:
(1) 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 adiustment 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
46
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):
(1) 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
47
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)(1) of this
subsection (a). For this purpose, the adiusted 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)(1) of the Code), if the annuity starting date for
the participant's benefit is before age sixty-two (62):
(1) 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 commencinq straight life annuity under the
Plan at age sixty-two (62), both determined without
V
applying the limitations of this subsection (a), and (bb) the
limitation determined under Subclause (3)A.(ii)(1) 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 adiustment.
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 adiustment 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)(1) of the Code.
4) With respect to Subclause (3)A.(i)(1). Subclause (3)A.(ii)(1) and
paragraph (3)B. above, no adiustment 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
prior to the annuity startinq 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 00).
(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 commencinq 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
50
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 beginninq 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 (2'/2) 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 —
a
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.
NO 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:
(1) 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
If the annuitv startina 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
52
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
53
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) Pavments will either be non -increasing or increase only as
follows:
(1) 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;
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
54
(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. An
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 auraoses 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 vear. A calendar vear 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).
55
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. Eliaible retirement clan — An eliaible 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
56
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)(1 7)(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.
(q) 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.
57