HomeMy WebLinkAboutResolution 2003-44 Employee Pension Plans
ADOPTED 11/10/03
RESOLUTION NO. 2003-44
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, MERGING THE MONEY PURCHASE
PENSION PLAN AND TRUST FOR EMPLOYEES OF THE CITY OF
WINTER SPRINGS INTO THE DEFINED BENEFIT PLAN AND TRUST
FOR EMPLOYEES OF THE CITY OF WINTER SPRINGS; AMENDING
THE WITNESSETH CLAUSE TO PROVIDE THAT THE RESTATED
DEFINED BENEFIT PLAN IS EFFECTIVE OCTOBER 1, 1997;
AMENDING ARTICLE I OF THE DEFINED BENEFIT PLAN TO
CLARIFY THE DEFINITION OF "EMPLOYEE"; AMENDING ARTICLE
II OF THE DEFINED BENEFIT PLAN TO DEFINE EMPLOYEES
EXCLUDED FROM THE PLAN AND TO PROVIDE FOR THE
INCLUSION OF EMPLOYEES WITH NON-CONTRIBUTING YEARS OF
SERVICE UNDER CERTAIN CmCUMSTANCES; AMENDING
ARTICLE III OF THE DEFINED BENEFIT PLAN TO PROVIDE FOR
CITY CONTRIBUTIONS IN AN AMOUNT NECESSARY TO FUND THE
PLAN ON A SOUND ACTUARIAL BASIS, TO CLARIFY THE
LIMITATION ON ANNUAL BENEFITS, TO. PROVIDE FOR USE OF
MORTALITY TABLES TO DETERMINE ACTUARIAL EQUIVALENTS,
TO CLARIFY THE MAXIMUM PERMISSmLE AMOUNT OF ANNUAL
ADDITIONS, TO PROVIDE FOR A DEFINITION OF "APPLICABLE
MORTALITY TABLE", AND TO ELIMINATE SECTION 3.07;
AMENDING ARTICLE IV OF THE DEFINED BENEFIT PLAN TO
PROVIDE FOR A THREE PERCENT CONTRIBUTION BY
PARTICIPANTS, TO PROVIDE FOR DIRECT TRANSFER OF
ELIGmLE ROLLOVER DISTRIBUTIONS, TO PROVIDE FOR THE
"PICK-UP" OF P ARTICIP ANT CONTRIBUTIONS BY THE
EMPLOYER, TO PROVIDE FOR THE TRANSFER OF THE
PARTICIPANT ACCOUNT BALANCE FROM THE MONEY PURCHASE
PENSION PLAN TO THE DEFINED BENEFIT PLAN AND TRUST, AND
TO PROVIDE FOR THE DISTRIBUTION OF SUCH ACCOUNT
BALANCE UPON NORMAL RETIREMENT; AMENDING ARTICLE V
OF THE DEFINED BENEFIT PLAN TO PROVIDE A THREE PERCENT
BENEFIT MULTIPLIER FOR SERVICE AFTER OCTOBER 1, 2000,
REVISING PROVISIONS RELATED TO ACCRUAL YEAR OF
SERVICE, AND DELETING THE FLOOR-OFFSET ARRANGEMENT;
AMENDING ARTICLE VI OF THE DEFINED BENEFIT PLAN TO
MODIFY THE AMOUNT PAYABLE TO A PARTICIPANT IN A LUMP
SUM UPON EARLY RETIREMENT; AMENDING ARTICLE VIII OF
THE DEFINED BENEFIT PLAN TO MODIFY THE AMOUNT OF
DEFERRED VESTED PENSION PAYABLE TO A PARTICIPANT IN A
LUMP SUM, CREATING A NEW SECTION 8.05(B) TO PROVIDE FOR
ONE HUNDRED PERCENT VESTING OF REQUIRED PARTICIPANT
CONTRIBUTIONS, AND MAKING TECHNICAL AMENDMENTS;
AMENDING ARTICLE IX OF THE DEFINED BENEFIT PLAN TO
MODIFY THE AMOUNT PAYABLE IN A LUMP SUM TO A
PARTICIPANT'S SURVIVOR; AMENDING ARTICLE X OF THE
DEFINED BENEFIT PLAN TO MODIFY THE AMOUNT OF
NONFORFEITABLE ACCRUED BENEFIT ABOVE WHICH A
PARTICIPANT MUST CONSENT IN WRITING FOR, ANY
DISTRIBUTION, AND MODIFYING THE AMOUNT OF ACCRUED
BENEFIT, NORMAL RETIREMENT BENEFIT, AND DEATH BENEFIT
PAYABLE TO A PARTICIPANT IN A LUMP SUM; AMENDING
ARTICLE XI OF THE DEFINED BENEFIT PLAN TO PERMIT THE
TRUSTEES TO ACCEPT TRANSFER OF ASSETS IN THE MONEY
PURCHASE PENSION PLAN; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission approved certain changes to the City's retirement
program for employees in July 2000 and September 2001; and
WHEREAS, the changes to the retirement program approved by the City Commission
require merging the Money Purchase Pension Plan and Trust for Employees of the City of
Winter Springs Plan and Trust with the Defined Benefit Plan and Trust for Employees of the
City of Winter Springs, and amending provisions of the Defined Benefit Plan and Trust for
Employees of the City of Winter Springs;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA:
Section 1.
A. That the Money Purchase Pension Plan and Trust for Employees of the City of Winter
Springs be merged into the Defined Benefit Plan and Trust for the Employees of the City of
Winter Springs, effective October 1, 2000.
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B. That the Money Purchase Plan and Trust for Employees of the City of Winter Springs
cease to exist as of October 1,2000.
C. That upon the merger of the two plans, all participant accounts and all other assets of
the Money Purchase Plan and Trust for Employees of the City of Winter Springs, together with
earnings and interest thereon, be transferred to and, become an integral part of the Defined
Benefit Plan and Trust for Employees of the City of Winter Springs; provided that said
participant accounts shall be available for distribution as permitted by the Defined Benefit Plan
and Trust for Employees of the City of Winter Springs.
Section 2.
That the Witnesseth Clause of the Defined Benefit Plan and Trust for Employees of the
City of Winter Springs be amended as follows:
The City of Winter Springs establishes continues, within this Trust Agreement, a
Plan for the administration and distribution of contributions made by the Employer for
the purpose of providing retirement benefits for eligible Employees. This Plan is an
amended plan. in restated form. the original plan being effective October L 1997 and this
restated Plan is also' effective October 1. 1997 (except to the extent otherwise provided
herein). The provisions of this Plan apply solely to an Employee whose eniployment
with the Employer terminates on or after the Effective Date of the Plan. If an Employee's
employment with the Employer terminates prior to the Effective Date, that Employee is
not entitled to any benefit under the Plan.
Section 3.
That Section J .06 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
1.06 "Employee" means any employee of the Employer. Individuals who
perform services for the Employer in any capacity other than as an Employee. determined
pursuant to the ,books and records of the Employer (e.g.. independent contractors or
leased employees within the meaning of Code ~'414(n), even if such individuals are
reclaSsified as Employees by any governmental agency (other than the Employer) or
iudicial decision), are not Employees for purpoSes of the Plan, and thus. are not eligible
to participate in the Plan.
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Section 4,
That Section 2.01 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
2.01 Eligibility. Each Employee (other than an Excluded Employee) becomes
a Participant in the Plan on the first day of the month (if employed on that date)
illimediately following the date 6 months after his Employment Commencement Date.
"Employment Commencement Date" means.. the date on which the Employee first
perfot'msan Hour of Service for the Employer.
(A) ExcludedE1l1ployee I
(1) An Employee is an Excluded, Employee if his customary weekly
employment with. the Employer is less than 29 hours. An Employee is an
Excluded Employee if he is actively participating (and "benefiting" within the
meaning of Treas. Reg. & 1.410(b)-3) in another qualified plan maintained by the
Employer other than the Money ,Purchase Pension Plan and Trust for Employees
of the City of Winter Springs. Florida (hereinafter referred to as the "Money
Purchase Plan").
(2) If a Participant has not incurred ,a Separation from Service but becomes an
Excluded Employee. then during the period such a Participant is an Excluded
Employee. the Participant will.notaccrue a benefit under the Plan attributable to
any period during which he is an Excluded Employee. However. during such
period of exclusion. the Participant. without regard to employment classification.
continues to receive credit for vesting under Article VIII for each included Year
of Service.
(3) If an Excluded Employee who is not a Participant becomes eligible to
participate in the Plan by reason of a change in employment classification. he will
participate in the Plan immediately if he has satisfied'the eligibility conditions of
SectiOn 2.01 and would have been a Participant had he not been an Excluded
Employee during his period of Service. Furthermore. the Plan takes into account
all of the Participant's included Years of Service with the Employer as an
Excluded Employee for purposes of vesting credit under Article VIII.
(B) " Employees with Non-Contributing Service. ,Any Employee who completed Years
of Service prior to adoption of Resolution No. 2003-44. but did not make contributions to
, this Trust Fund, or to the .Money Purchase Plan. shall be credited with Years of Accrual
Service upon payment of the Required Participant Contributions due under this Plan and
the . required participant contributions due under the Money Purchase Plan for such
servtce.
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Section 5.
That Section 3.01 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
3.01 Amount.
(A) The Employer alone will make the contributions required to fund the cost of the
benefits pfO~lided by this Plan.' The Employer intends to make such contributions as are
necessary to fund the Plan on a sound actuarial basis. in accordance with applicable law.
(B) The Employer contributes to this Plan on the condition its contribution is not due
to a mistake offact. The Trustee, upon written request from the Employer, must return to
the Employer the amount of the Employer's contribution made by the Employer by
mistake of fact. The Trustee will not return any portion of the Employer's contribution
under the provisions of this paragraph more thall one year after the Employer made the
contribution by mistake of fact. Furthermore, the Trustee will not increase the'amountof
the employer contribution returnable under this Section 3.01 for any earnings attributable
.' to the contribution, but the Trustee will decrease the Employer contribution returnable for
any losses attributable to it.
Section 6.
That Section 3.05 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
3.05' Limitation on Annual Benefit. A Participant's Annual Benefit payable at
any time within a Limitation Year may not exceed the limitations of this Section 3.05,
even if the benefit formula under the Plan would produce a greater Annual Benefit.
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(B) Commencement prior to age 62. If a Participant's Annual Benefit commences
prior to his attaining age 62, the Retirement Committee will adjust the $90,000 (or the
larger adjusted dollar amount) limitation of this Section 3.05 to the Actuarial Equivalent
of an Annual Benefit equal to such. dollar limitation commencing at age 62. The
Actuarial' Equivalent under the immediately preceding sentence may not be less than
$75,OQOin the event a Participant's Annual Benefit commences at or after age 55. In the
event a Participant's Annual Benefit commences prior to age 55, the Actuarial Equivalent
will equal the, greater ,of (1) the Actuarial Equivalent of a $75,000 Annual Benefit
conunencing at age 55 or (2) the Actuarial Equivalent of a $90,000 (or larger adjusted
dollar amount) Annual Benefit commencing at age 62. To determine the Actuarial
Equivalent under this paragraph, the Retirement Committee will use an interest rate
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assumption equal to the greater of 5% per annum or the rate specified in Section 1.12 and
the Applicable Mortality Table.
(C) Commencement after age 65. If a Participant's Annual Benefit commences after
his attaining age 65, the Retirement Committee will adjust the $90,000 (or larger adjusted
dollar amount) limitation of this Section 3.05 to the Actuarial Equivalent of an Annual
Benefit equal to such dollar limitation commencing at age 65. To determine the
Actuarial Equivalent under this paragraph, the Retirement Committee will use an interest
rate assumption equal to the lesser of5% per annum or the rate specified in Section 1.12
and the Applicable Mortality Table.
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(E) Adjustment for Years of Service/Y ears of Participation Less Than 10. The
maximum..\nnual Benefit$90.000 (or such 'larger' adjusted dollar amount) limitation
described in this Section 3.05 applies to a Participant who has completed at least 10
Years of Service with the Employer, for purposes of the 100% a~/erageCompensation
limitation and has completed atJeast 1 0 Years of Participation in the Plan, for pwposes of
the dollar limitation. If a Participant has less than 10 Y earo'ofServiee '.~/ith the Employer
at the time benefits commence, the Retirement Committee will multiply his 100%
average Compensation limitation by a fraetion, the numerator of ......hich is the number of
Years of Service (including fractional years) 'llith the Employer and the denominator of
'lllrich is 10. Ifa Participant has less than 10 Years of Participation in the Plan at the time
his bene,fits commence, the Retirement Committee will multiply his dollar limitation by a
fraction, the numerator of which is the number ,of Years of Participation (including
fractional years) in the Plan and the denominator of which is 10. The reductions
described_in this paragraph will not reduce a Participant's maximum Annual Benefitdollar
limitation to less than one-tenth of the maximum .Annual Benefitdollar limitation
determined without regard to the reductions.
(F) Alternate Forms of Payment. If the Trustee pays the Participant's benefit in a
form other than an Annual Benefit, the benefit paid may not exceed the Actuarial
Equivalent of the maximum Annual Benefit payable as a straight life annuity. To
determine the Actuarial Equivalent under this paragraph, the Retirement Committee will
use an interest rate assumption equal to the greater of 5% per annum or the rate specified
in Section 1.12 and the Applicable Mortality Table.
Section 7.
That Section 3.Q6 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
3.06 Definitions - Article III. The definitions in this Section 3.06 apply to the
limitation provisions of Part 2 of Article III. For purposes of Article III, the following
terms mean:
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(A) General Definitions.
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(4) Annual Addition. Annual Additions are the following amounts allocated
on behalf of a Participant for a Limitation Year, under a defined contribution plan
maintained by the Employer: (i) all Employer contributions; (ii) all forfeitures;
and (iii) all Employee contributions. Except to the extent provided in Treasury
regulations, Annual Additions include excess contributions described in Code
~401(k), excess aggregate contributions described in Code ~401(m), irrespective
. of whether the plan distributes or forfeits such excess amounts. Excess deferrals
under, Code ~402(g) are not Annual Additions unless distributed after the
correction period described in Code ~402(g). Amounts allocated after March 31,
1984, to an individual medical account (as defined in Code ~415(1)(2)) included
as part of a defined benefit plan. maintained by the Employer also are Annual
Additions. Furthermore, Annual Additions inc1udecontributionS paid or accrued
after December 31, 1985, for taxable years ending after December 31, 1985,
attributable to post-retirement medical benefits allocated to the separate account
of a key employee (as defmed in Code ~419A(d)(3)) under a welfare'benefit fund
(Code ~419(e)) maintained by the Employer. For a Limitation Year, the Annual
Additions allocated on behalf of any Participant, to all defined contribution plans
maintained by the Employer, may not exceed the Maximum Permissible Amount.
The "Maximum Permissible Amount" is the lesser of (I) $30,000 (or, if greater,
one f-ourth of the defined benefit dollar limitation$30.000 amount as adjusted
under Code ~415(b)(1)(A)g), or (II) 25% of the Participant's Compensation for
the Limitation Year. If there is a short Limitation Year because of a change in
Limitation Year, the Retirement Committee will multiply the $30,000 limitation
(or larger limitation) on Annual Additions by the following fraction:
Number of months in the short Limitation Year
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(5) Year of Service. A Plan Year dur..ng whieh an Employee completes at
least 1,000 HOl:lfs of Applicable Mortality Table. The Applicable Mortality Table
means, the mortality table specified in Code ~ 417( e )(3) and set forth in Revenue
Ruling 95-6 (or any applicable 'subsequent pronouncement issued by Internal
Revenue Service.
Section 8.
That Section 3.07 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be eliminated.
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Section 9.
That Section 4.01 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
4.01 Participant Contributions. The Plan does not permit nor reqwe Participant
contributions. Required Participant Contributions. ' The Plan did not permit nor require
Participant Contributions prior to October 1. 2000. Effective October 1. 2000. each
Participant is required to contribute 3% of Compensation to the Plan. which contribution
shall be considered the Required Participant Contribution. The required participant
contribution shall be deducted from' each Participant's Compensation whenever such
Compensation is paid. and remitted to the Trustee. Required participant contributions
shall be considered ,an Employer "pick-up" contribution, and shall be designated as
employer contributions. pUrsuant ,to Section' 414(1) of the Internal, Revenue Code.
contiIigent upon the contributions being excluded from the Participant's gross income for
federal income tax purposes~ For all other1>urposes ofthis Plan. such contributions shall
be considered Participant, contributions.
Section 10.
That Section 4.02 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
4.02 PartieipantRolloyer Contributions. The Plan does not pennit Participant
rollo:yer eontribtltionsDirect Transfers of Eligible Rollover Distributions.
(A) General. This section applies to distributions made on or after October 1. 2002.
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 board. to have any portion of an eligible rollover distribution
paid directly to an eligible retirement plan specified by the distribute in a direct rollover.
(B) Definitions.
(1 ) "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: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made for
the life (or life expectancy) of the distribute or the joint lives (or 10int life
expectancies) of the distribute and the distributee's designated Beneficiary. or for
a specified period of ten years or more: any distribution to the extent such
distribution is required under section 401(a)(9) of the Code: and the portion of
any distribution that is not includible in gross income., Any portion of any
distribution which would be includible in gross income will be an eligible rollover
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distribution if the ,distribution is made to an individual retirement account
described in section 408(a). to an individual retirement annuity described in
section 408(b) or to a qualified defined contribution plan described in section
401(a) or 403(a) that agrees to separately account for amounts so transferred.
including separately accounting for the portion of such distribution which is not
so includible.
(2) "Eligible retirement plan" is an individual retirement account described in
section 408( a) of the Code. an individual' retirement, annuity described in section
408(b) of the Code. an annuity plan described in section 403(a) of the Code. an
eligible deferred compensation plan described in section 457(b) of the Code
which is maintained by an eligible employer described in section 457(e)(1)(A) of
the Code and which agrees to separatelv account for amounts transferred into such
plan from this plan. an annuity contract described in section 403(b) of the Code.
or a qualified trust described' in section 401(a) of the Code. that accqJts the
distributee's elieible rollover distribution;, This definition shall' also apply in the
case of an ,eligible rollover distribution to the surviving spouse.
(3) "Distributee" includes an employee or former employee. In addition. the
employee's or former employee's survivimz spouse is a distributee with regard to
the interest of the spouse.
(4) "Direct rollover" is a payment by the plan to the elieible retirement plan
specified bv the distributee;
(C) Rollovers or Transfers into the Fund. On or after the effective date of Resolution
No. 2003-44. the fund will accept ,member rollover cash contributions and/or direct cash
rollovers of distributions for the purchase of permissive service credit under the Plan. as
follows:
(1 ) Direct Rollovers, or Member Rollover Contributions from Other Plans.
The Plan will accept either a direct rollover of an eligible rollover distribution or a
member contribution of an eligible rollover distribution from a qualified plan
described in section 403(a) of the Code. from an annuity contract described in
section 403(b) of the Code. or from an eligible plan under section 457(b) of the
Code. which is maintained bya state. political subdivision of a state. or any
agency or instrumentality of a state or political subdivision of a state.
(2) Member Rollover Contributions from 401(a) Plans and !RAs. The Plan
will accept a member rollover contribution of the portion of a distribution from
qualified plan described in section 401(a) of the Code. or from an individual
retirement account or annuity described in section 408( a) or 408(b) of the Code.
that is eligible to be rolled over and would otherwise be includible in the
member's 1!fOSS income.
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Section 11.
That a new Section 4.03 ofthe Defined Benefit Plan and Trust for Employees of the City
.of Winter Springs be created to read as follows:
4.03 Participant Account Balance Transferred :from Money Purchase Pensi.on
Plan. A Participant' sacc.ount balance transferred :from the Money Purchase Pensi.on Plan
and Trugtf.or Empl.oyees of the City of Winter Springs pursuant t.o Res.olution N.o. 2003-
44. shall become an integral part .of this. Trust Fund: provided that such account balance.
plus interest at a rate equal to the interest rate on 30-year Treasurvsecurities as published
in the Internal Revenue Bulletin determined as.of the calendar m.onth preceding the first
day .of the Plan year. and effective Oct.ober 1. 2003. a rate equal t.o the U.S. Treasury
DCj)artment I.ong-term average rate published .on the last' day of the calendar m.onth
preceding'the firstday .of the Plan year..or such .other rate that may be approved by the
U.8. Treasury Department to replace the 30-year TreaSury bond rate as a benchmark for
calculating lump sum. pay.outs :from defined benefit plans. shall be part .of the Accrued
Benefit payable to a Participant upon normal retirement. except as reduced in accordance
With Section 8.05.
Secti.on12.
That Section 5.02 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
5.02 Amount of Normal Retirement Pension/Accrued Benefit. The Annual
Benefit limitations of Article III apply t.o the determinati.on of a Participant's n.ormal
retirement pension and Accrued Benefit in the manner prescribed in Section 3.05(H).
(A) Normal Retirement Pension.
(1) Benefit F.ormula. A Participant's normal retirement pension equals 2% .of
the Participant's Average C.ompensation multiplied by his Years of Accrual
Service for service prior to October 1. 2000. and 3% of the Participant's Average
Compensati.on multiplied by his Years .of Accrual Service for service on and after
October 1.2000. Such pension will be adiusted for any distributi.on in accordance
with Secti.on 8.05. The maximum nmnber of Years of Accrual Service taken into
account in the normal retiremept pension is 30. counting forward :from the date .of
initial participation t.o include any purchased past service.
(2) AverageCompensati.on. Average Compensation is the average .of the
Participant's' Plan Compensation f.or the Averaging Peri.od in the Participant's
Compensation History which results in the highest Average Compensation. A
Participant's C.ompensation Hist.ory is the Participant's entire peri.od, .of
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employment with the Employer. The Averaging Period is 3 consecutive
Compensation periods (or the entire period of employment, if shorter). A
Compensation period is the 12-month period ending on the last day of the Plan
Year.
(B) Accrued Benefit. Subject to the Annual Benefit limitations of Article III, a
Participant's Accrued Benefit is the normal retirement pension accrued by the Participant
under the accrual fomiula provided in this paragraph (B).
(1) Method of Accrual. As of any date, a Participant's Accrued Benefit is his
normal retirement pensio:J;l calculated as of the determination date, based on the
Years of Accrual Service credited as of such date.
(2) Year of Accrual Service~ Years of AcCrual Service are Years of Service as
deternrinedurtder Section 8~06, including Years of Service completed prior to his
participation in the Plan. Any Employee who completed Years of Service prior to
theadoption'.of Resolution No. 2003-44 'but did not make contributions to this
Trust Fund or to the Money Purchase Pension Plan shall be credited with Years of
Accrual Service upon payment of the Required Participant Contributions. due
under this Plan and the required participant contributions due under the Money
Purchase Pension Plan for such service. Years of Accrual Service also include
"Years of Qualified Service". Years of Qualified Service means any or all years
of service performed by the Participant as an employee of the Government of the
United States. any State, or political subdivision thereof or any agency or
instrumentality of any of the foregoing. other than the Employer. but only if all of
the following conditions are satisfied:
(a) , the Participant makes a voluntary contribution to the Plan. in an amount
necessary to fund the benefit attributable to such Years of Qualified Service (as
determined by the actuary for the Plan. utilizing the actuarial definitions used for
plan funding purposes) and which does not exceed the amount necessary to fund
the benefit attributable to such Years of Qualified Service:
(l?) the Participant makes the voluntary contribution described in paragraph
(a) above. hi one lump sum payment to the Plan prior to receiving credit for such
Years of Qualified Service:
(c) the Participant's Accrued Benefit is either 100% Nonforfeitable at the time
he makes, the ,voluntary contribution' described, in paragraph (a) above or will
become 100% Nonforfeitable i1ll1l)ediately after receiving credit for such Years of
Qualified Service~ and
(d) the crediting of such Y ears of Qualified Service must not cause the
Participant to receive a retirement benefit for the same Years of Qualified Service
under more than one retirement plan.
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(3). Floor offset arrangement:. The Employer also maintains the Money Purchase
PfilOOion Plaa and Tmst foOr Employees of the City ofW"inter Springs, Florida (the "Money
Purchase Plan") and the Participants in this Plan also participate in the Money P:erehase
Plan. The Retirement Committee will reduce the Participant's f..ccrued Benefit in this
Plaa by the f..ctuarial Equiyalent benefit derived from the portion of the Participant's
vested account balance in the Money PUf'ooase Plan attributable to employer
contributions and required participant contributions made pursuant to the terms of the
Money Purooase Plan (including any distributions and/or direct transfers made from the
aooellflt balance of sl:looPartie-ipant prior to the benefit commencement date under this
Plan)... The in.terest rate used to determine, the Actuarial Equiyalent benefit derived from
the Money .Purehase, P~aa is the rate specified in Section 1.12, of this Plaa~ A mortality
assmnption will not apply to determine the, .tA..ctuarial Eq-Wyalent of distributions and/or
din:lcttransf-ers made from the Participant's account balance in the Money Purchase Plan
nor to determiBe the i\etuariaJ Equivalent benefit from the Participant's yested account
balaace in the Meney Purehase PIB:fl for the period prior to the benefit commencement
date under this PIB:fl.
Section 13.
That Section 6.01 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
6.01 Eligibility for Early Retirement Pension. A Participant who has received
credit for at least 10 Years of Aecrual Service (as defined in Section 8.06)and has
attained age55 may elect an early retirement pension. A Participant who separates from
service after satisfying the service requirement but not the age requirement may elect to
receive an early retirement pension upon satisfying the age requirement. In addition, a
Participant who has completed 25 Years of .f.:ccmal Service (as defined in Section 8.06)
may elect an early retirement pension. A Participant's early retirement perision is his
Nonforfeitable Accrued Benefit payable at Normal Retirement Date without actuarial
reduction for early commencement but only if benefits commence on or after the
Participant attains age 55. If an eligible Participant elects to commence his early
retirement pension prior to attaining age 55, such Participant's early retirement pension is
the Actuarial Equivalent of his Nonforfeitable Accrued Benefit payable at age 55.
Section 14.
That Section 6.02 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
6.02 Payment of Early Retirement Pension.
(aA) If the present value of the Participant's early retirement pension does not exceed
$~3.500, the Trustee will automatically pay the early retirement pension in lump
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sum, as soon as administratively practicable after the Participant's Separation from
Service or, if later, after the Participant satisfies the eligibility requirements for an early
retirement pension.
(bID If the present value of the Participant's early retirement pension exceeds
$.s,ooG3.500, the Trustee will pay the early retirement pension in the form and as of the
date elected by the Participant. A participant may elect to commence his early retirement
pension as of the first day of any month during the period he is eligible for the early
retirement pension and after he has separated from Service. If the Participant fails to
designate a distribution date, then the Trustee will commence payment of the early
retirement pension in accordance with Article X.
Section 15.
That Section 8.03 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
8,03 Payment of Deferred Vested Pension.
(aA) If the present value of the Participant's deferred vested pension does' not exceed
$.s,ooG3500, the Trustee will automatically pay the deferred vested pension in lump sum,
as soon as administratively practicable following the Participant's Separation from
Service. In no event may the distribution occur later than the 60th day following the
close of the Plan Year in which the Participant attains Normal Retirement Age.
(bID If the present value of the Participant's deferred vested pension exceeds
$.s,ooG3.500, the Trustee will pay the deferred vested pension in the form elected by the
Participant. A Participant may elect to commence his deferred vested pension after the
Participant's Normal Retirement Date. If the Participant fails to elect a distribution date,
then the Trustee will commence payment of the deferred vested pension in accordance
with Article X.
Section 16.
That a new Section 8.05(B) of the Defined Benefit Plan and Trust for Employees of the
City of Winter Springs be created to read as follows:
8.05 Vesting Schedule.
**********
(B) 100%, Vesting of Required Participant, Contributions. Each Participant is
immediately 100% vested with respect to his Required Participant Contributions. A
Participant is entitled to receive a return of his Required Participant Contributions.
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'. .
contributed while a participant under the money purchase plan prior to October 1. 2000.
upon termination of employment. together with simple interest at a rate' equal to the
interest rate on 30-year Treasury securities as published in the Internal Revenue Bulletin
determined as of the calendar month preceding the first day of the Plan year. and
effective October 1. 2003. a rate equal to the U.S. Treasury Department long-term
average rate published on the last day of the calendar month preceding the first day of the
Plan year. or such other rate that may be approved by the U.S. Treasury Department to
replace the 30-year Treasury bond rate as a benchmark for calculating lump sum payouts
from 'defined benefit plans. in lieu of any other benefit under the Plan. The amount
received asa distribution by the Participant shall be used topreduce the accrued benefit. if
any. athis normal retirement date. Required Participant contributions contributed on and
after October 1. 2000 are 100% vested ,and shall be included in, the deferred vested
benefit payable to the Participant upon normal retirement date.
Section 17.
That subsections (B), (C), and (D) of Section 8.05 of the Defined Benefit Plan and Trust
for Employees of the City of Winter Springs be redesignated as subsections (C), (D), and (E)
respectively, and that the first sentence of redesignated Section 8.05(C) is amended as follows:
8.05(BC) Vesting Schedule. Subject to Section 8.05(A) and Section 8.05(B), a
Participant's nonforfeitable percentage' of his Accrued Benefit equals the percentage in
the following schedule:
Section 18.
That Section 8.08 of the Defined Benefit Plan and Trust for Employees of the City of
Winter Springs be amended as follows:
8.08 Included Years of Service - Vesting. For purposes of determining "Years
, of Service" under Section 8.06, the Plan takes into account all Years of Qualified Service
credited to a Participant pursuant to Section 5.02(B) and all Years of Service an
Employee completes with the Employer except:
(aA) Any Year of Service completed before a Break in Service, unless the Employee
completes a Year of Service after the Break in Service. This Break in Service rule will
not operate to recredit any Year of Service disregarded under clause (bB).
(bID Any Year of Service completed before a Break in Service if the number of the
Participant's consecutive Breaks in Service equals of exceeds the greater of 5 or the
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. o'
aggregate number of the Years of Service prior to the Break. This Break in Service rule
applies only if the Participant is 0% vested in his Accrued Benefit derived from Employer
contributions at the time he has a Break in Service. Furthermore, the aggregate number
of Years of Service before a Break in Service does not include any Years of Service not
required to be taken into, account under this exception by reason of any prior Break in
Service. If the Retirement Committee Retirement Committee disregards the Participant's
Years of Service under this exception, the Plan forfeits his pre-Break in Service Accrued
Benefit.
(e.Q) Any Year of Service before the Plan Year in which the Participant attained the
age of 18.
Section 19.
That subsections (B) and (e) of Section 9.01 of the Defined Benefit Plan and Trust for
Employees of the City of Winter Springs be amended as follows:
9.01 Preretirement Survivor Annuity - Eligibility. If a married Participant dies
prior. to his annuity starting, date, the Retirement Committee will direct the Trustee to
distribute to the Participant's surviving spouse a preretirement survivor annuity, unless
the Participant has a valid waiver election (as described in Section 9.02) in effect, or
unless the Participant and his spouse were not married throughout the one year period
ending on the date of his death.
**********
(B) Present Value Not Greater Than $~3.500. If the present value of the
preretirement survivor annuity is not greater than $~3.500, the Trustee will
,automatically make the distribution in a lump sum, in lieu of the preretirement survivor
annuity. The distribution must occur on or before the annuity starting date.
(e) Surviving Spouse Elections. If the present value of the preretirement survivor
annuity exceeds $~3.500,the Participant's surviving spouse may elect to have the
Trustee commence payment of the preretirement survivor annuity as of the first day of
any month following the Participant's death, but not later than the applicable mandatory
distribution period described in Article X. A surviving spouse also may elect any form of
payment described in Article X, in lieu of the preretirement survivor annuity (other than a
joint and survivor annuity). In the absence of an election by the surviving spouse, the
Retirement Committee, will direct the Trustee to distribute the preretirement survivor
annuity as soon as administratively practicable following the close of the Plan Year in
which the latest of the following events occurs:' (1) the Participant's death; (2) the date the
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~ . ... III
Retirement, Committee receives notification of or otherwise confinns the Participant's
death; or (3) the date the Participant would have attained Normal Retirement Age.
Section 20.
That subsection (A) of Section 10.01 of the Defined Benefit Plan and Trust for
Employees of the City of Winter Springs be amended as follows:
10.01 Form of Benefit. Subject to the requirements of Section 10.02, the
Retirement Committee will direct the Trustee to pay a Participant his Nonforfeitable
Accrued Benefit in a form permitted under Section 10.05. Annuity payments will
continue until the last scheduled payment coincident with or immediately preceding the
'date of the Participant's death or, if applicable, the date of his survivor's death.
(A) Consent. A Participant must consent, in writing, to any distribution described in
,'this Article X if the present value of the Participant's Nonforfeitable Accrued Benefit
exceeds $~3.500, and the distribution commences prior to the Participant's attaining
Nonnal Retirement Age. Furthermore, the Participant's spouse also must consent, in
writing, to any distribution for which Section 10.02 requires the spouse's consent. For
purposes of the consent requirements under this Article X, if the present value of the
Participant's Nonforfeitable Accrued Benefit, at the time of any distribution, exceeds
$~3.500, the Retirement Committee will treat that present value as exceeding
$~3.500 for purposes of all subsequent Plan distributions to the Participant.
Section 2,1.
That subsection (B) of Section 10.02 of the Defined Benefit Plan and Trust for
Employees ofthe City of Winter Springs be amended as follows:
10.02 Qualified Joint and Survivor Annuity.
**********
(B) Present Value Not Greater Than $~3.500. If the present value of the
Participant's Accrued Benefit is, not greater than $~3.500, the Trustee will
automatically. pay the Participant's pension in a lump sum, in lieu of a qualified joint and
survivor annuity. The distribution must occur on or before the annuity starting date. The
consent requirements of this Article X. do not apply to a Participant subject to this
paragraph;
Section 22.
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.. .. ~ ...
That subsections (B) and (E) of Section 10.03 of the Defined Benefit Plan and Trust for
Employees of the City of Winter Springs be amended as follows:
10.03 Commencement of Benefits. The Retirement Committee must direct the
Trustee to commence distribution of benefits in accordance with this Section 10.03,
subject to the mandatory distribution requirements of Section 10.06.
**********
(B) Distribution to Participant Who Separates from Service After Normal Retirement
Date. The Retirement Committee will direct the Trustee to commence distribution to the
Participant:
(1) Present Value of Normal Retirement Pension Not Exceeding $~3.500.
In lump sum, as soon as administratively practicable following the Participant's
separation from Service, but not later than the 60th day following the close of the
Plan Year in which that separation from Service occurs.
(2) Present Value of Normal Retirement Pension Exceeds $.s;ooG3.500. In the
form and at the time elected by the Participant, as permitted under this Article X.
The Participant may elect to commence distribution as soon as administratively
practicable following separation from Service or as of the first day of any
subsequent month.
**********
(E) Death of the Participant. If the Participant had commenced distribution prior to
his death, the Retirement Committee will direct the Trustee to make distribution to the
Participant's Beneficiary in accordance with the distribution method in effect at the time
of death. If the deceased Participant had not commenced distribution, the Retirement
Committee will direct the Trustee to distribute the Participant's death benefit in
accordance with paragraph (1) or paragraph (2), whichever applies, subject to the
requirements of Article IX.
(1) Present Value of Death Benefit Does Not Exceed $.s;ooG3.500. In lump
sum, as soon as administratively practicable following the date on which the
Retirement Committee receives notification of or otherwise confirms the
Participant's death.
(2) Present Value of Death Benefit Exceeds $~3.500. In the form and at
the time elected by the Participant or, if applicable by the Beneficiary, as
permitted under this Article X. Unless otherwise elected by the Participant and to
the extent permitted under Section 10.06, a Beneficiary may elect to commence
distribution of the Participant's death benefit as of the first day of any month
following the date the Retirement Committee receives notification of or otherwise
confirms the Participant's death. In addition to the other fonns of distribution
17
.'~
available under this Article X, and to the extent permitted under Section 10.06, a
Beneficiary may elect to receive the Participant's death benefit in monthly,
quarterly or annual installments over a 5 year period, unless the Participant
elected otherwise. In the absence of an election, the Retirement Committee will
direct the Trustee to distribute the Participant's death benefit in five annual
installment payments commencing as soon as administratively practicable
following the end of the Plan Year that the Retirement Committee receives
notification of or otherwise confirms the Participant's death.
Section 22.
That the first paragraph of Section 10.07 of the Defined Benefit Plan and Trust for
Employees of the City of Winter Springs be amended as follows:
10.07 Distributions Under Domestic Relations Orders. Nothing contained in this
Plan will' prevent the Trustee, in accordance with the direction of the Retirement
Committee, from complying with the provisions of a qualified domestic relations order
(as defined in Code ~414(p )). The Retirement Committee may adopt any written
procedures relating to a qualified domestic relations order which the Retirement
Committee deems necessary for proper administration of the Plan. Th~ Plan
speeificallydoes not permits distribution to an alternate payee under a qualified domestic
relations order at any time, irrespective of v;hetheruntil the Participant hafrattaineti~ his
earliest retirement age (as defmed under Code ~414(P)) under the Plan. A distribl:ltioB to
an alternate payee prior to the Partieipant's attainment of earliest retirement age is
available only if: (1) the order specifies distribution at that time or permits an agreement
between the Plan and the alternate payee to authorize an earlier distribution; and (2) if the
present 'falue of the alternate payee's benefits Wlder the Plan exceeds $5,000, ftftd the
order requires, the alternate payee consents to any distribution occurring prior ta the
Participant's attainment of earliest retirement age. Nothing in this Section 10.07 permits
a Participant a right to receive distribution at a time otherwise not permitted under the
Plan nor does it permit the alternate payee to receive a form of payment not permitted
under the Plan.
Section 23.
That the first paragraph of Section 11.05 of the Defined Benefit Plan and Trust for
Employees of the City of Winter Springs be amended as follows:
11.05 Merger/Direct Transfers. The Trustee will not consent to, or be a party to,
any merger or consolidation with another plan, or to a transfer of assets or liabilities to
another plan, unless immediately after the merger, consolidation or transfer, the surviving
Plan provides each Participant a benefit equal to or greater than the benefit each
Participant would have received had the Plan terminated immediately before the merger
or consolidation or transfer. The Trustee possesses the specific authority to enter into
18
merger agreements or direct transfer of assets agreements with the trustees of other
retirement plans described in Code ~401(a), and to accept the direct transfer of plan
assets, or to transfer plan assets, as a party to any such agreement. If the Trustee accepts
a transfer of assets from other retirement plans described in Code ~40 1 ( a) (other than the
Money Purchase Plan) on behalf of a Participant, the Trustee shall utilize such assets to
provide additional Accrued Benefits for such Participant. The Trustee possesses the
specific authority to accept a transfer of assets of all or any portion of a Particil'ant's
account in the Money Purchase Plan.
Section 24.
That this resolution shall supersede any and all conflicting provisions of any previously
adopted resolutions.
Section 25.
That should any section or provision of this resolution or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared,to be invalid. '
Section 26.
That this resolution shall take effect as of October 1,2000.
PASSED and ADOPTED this 10th day of November
. 2003.
JOHN F. BUSH, MAYOR
ATTEST:
CITY CLERK
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