HomeMy WebLinkAboutResolution 2026-14 Amendment and Restating the Defined Benefit Plan and Trust for Employees (Pension)CITY OF WINTER SPRINGS RETIREMENT PLAN
The City of Winter Springs hereby establishes this Retirement Plan for City employees, to
be known as the City of Winter Springs Retirement Plan. This Retirement Plan restates and
supersedes the Defined Benefit Plan and Trust for Employees of the City of Winter Springs, as
adopted on March 23, 1998, as amended and restated from time to time. on November 10, 2003,
and subsequently restated on 12/1/2017. This Amended and Restated Retirement Plan shall take
effect on October 1, 2026.upon adoption by the City Commission.
Article 1 Definitions.
The following definitions shall apply throughout this Retirement Plan, unless a different
meaning is provided in a specific section or is clearly required by context.
1.01 Actuarial Equivalent means a benefit of equal value computed using the 1983 Group
Annuity Mortality Table, Male Rates, Set Back Two Years for Females, and an interest
rate of eight percent (8%) per annum. Effective June 1, 2018 means a benefit of equal value
computed using the RP 2000 Combined Healthy Mortality Table, projected to the fiscal
year that includes the benefit commencement date with Scale BB, based upon a fixed blend
of 50% male mortality rates - 50% female mortality rates, and an interest rate of seven
percent (7%) per annum.
1.02 Accrued Benefit means a Member's benefit calculated as of any date, determined in
accordance with the terms of the Plan, based on the Member's credited service and average
final compensation as of such date.
1.03 Average Final Compensation means the average of the Member's Compensation for the
3 consecutive plan years (or the entire period of employment if shorter) of the Member's
entire period of employment with the City which results in the highest Average
Compensation. Effective October 1, 2011, Average Compensation shall be the average of
the highest five (5) consecutive plan years of Compensation out of the ten (10) plan years
immediately preceding termination of employment. Notwithstanding the above, a
Member's Average Compensation shall not be less than his or her Average Compensation
as of September 30, 2011.
1.04 Board or Board of Trustees means the Board of Trustees described in Chapter 14, Article
III, Sec. 14-52 of the City of Winter Springs Code of Ordinances.
1.05 Beneficiary means the person or persons designated in writing by the Member and filed
with the Board, entitled to receive benefits from the Plan upon the death of a Member. If
no such designation is in effect, or if no person so designated is living, at the time of death
of the Member, the beneficiary shall be the estate of the Member.
1.06 City or employer means the City of Winter Springs, Florida.
1.07 Code means the Internal Revenue Code of 1986, as amended.
1.08 Compensation for service earned prior to October 10, 2011 means wages, salary, overtime
and other amounts received for personal services actually rendered in the course of
employment with the City, but only to the extent included in gross income. Compensation
includes payment for accrued vacation leave earned prior to July 1, 2011. Effective For
service earned on or after October 10, 2011 and before October 1, 2026, Compensation
Exhibit "A"
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means base salary plus incentive pay and up to one hundred fifty (150) hours of overtime
pay, and excluding all other forms of compensation. Effective October 1, 2026,
Compensation means base salary plus salary incentive payments (as provided under F.S. §
943.22 and Rule 11B-14.003, F.A.C.), and up to three hundred (300) hours of overtime pay
and excluding all other forms of compensation. Compensation shall include elective
contributions for all Plan Years.
(a) For the purpose of this definition, overtime pay means: pay for hours in excess of
80 hours in a two-week work period for general employees; hours in excess of 84
hours in a two-week work period for police officers; and hours in excess of 56 hours
in a one-week work period for firefighters.
(b) Elective Contributions. Elective contributions are amounts excludible from the
Employee's gross income under Code §§125, 402(e)(3), 402(h) or 403(b), and
contributed by the City, at the Employee's election, to a Code §401(k) arrangement,
a Simplified Employee Pension, cafeteria plan or tax-sheltered annuity. Elective
contributions also include: (1) Compensation deferred under a Code §457 plan
maintained by the City; and (2) Employee contributions "picked up" by the City
and, pursuant to Code §414(h)(2), treated as City contributions.
(c) Beginning January 1, 2009, to the extent required by section 414(u)(12) of the
federal internal revenue code, an individual receiving differential wage payments,
as defined under section 3401(h)(2) of the federal internal revenue code, from an
employer shall be treated as employed by the employer, and the differential wage
payment shall be treated as compensation for purposes of applying the limits on
annual additions under section 415(c) of the federal internal revenue code. This
provision shall be applied to all similarly situated individuals in a reasonably
equivalent manner.
1.09 Credited Service means the total number of years, and fractions thereof, of City
employment during which a Member meets the participation requirements of Article 2,
works at least 1,000 hours per year, and makes the required Member contributions to the
Plan. Credited service also includes all years of service credited under the predecessor plan,
and any service purchased pursuant to Article 2 of this Plan or Section 2.01(B) of the
Predecessor Plan.
A Member may also purchase up to five years of permissive service credit in increments of
12 months, to be used only for the purpose of determining the amount of the Member's
benefit. Permissive service credit purchased under this paragraph may not be counted
towards vesting. The full actuarial cost, including administrative costs, for all service
requested under this paragraph must be paid before any portion of the service is credited to
the Member. The full cost of permissive service credit must be paid prior to termination of
Employment with the City. If a Member fails to pay the full cost of requested service on or
before the date provided in this paragraph, the requested service will not be credited and any
funds paid towards such service will be refunded, without interest.
A Member shall receive credited service for all purposes, including vesting, for the years or
fractional parts of years that he or she performs "Qualified Military Service" including voluntary
or involuntary service in the armed forces of the United States as defined in the Uniformed
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Services Employment and Reemployment Rights Act (USERRA) (P.L. 103-353), after
separation from employment with the City, to perform training or service, provided that:
(a) The Employee must return to his employment with the City within one (1) year
following the date of military discharge or his release from active service.
(b) The Employee is entitled to reemployment under the provisions of USERRA,
(c) The Employee pays to the Plan the amount he would have contributed to the Plan as
pick-up contributions if his employment would have continued during the period he
was absent due to Qualified Military Service. Such payment must be made by the
earlier of a period equal to three (3) times the period of absence or five (5) years.
(d) The maximum credit for military service pursuant to this paragraph shall be five
(5) years.
(e) This Section is intended to satisfy the minimum requirements of USERRA, as may be
amended from time to time. To the extent that this Section does not meet the minimum
requirements of USERRA, the provisions of USERRA shall govern.
If an Employee dies on or after January 1, 2007 while performing Qualified Military Service as
defined by USERRA, the Employee's beneficiaries shall be entitled to any benefits the Employee would
have been entitled to had he or she resumed employment and then died while employed.
1.10 Deferred Retirement Option Plan (DROP) means the optional program of transferring
accrued retirement benefits to a separate account within the Plan on a deferred basis while
remaining in the active employment of the employer.
1.11 Disability means a physical or mental condition of a Member permitting such Member to
be eligible for disability benefits under the Employer's long term disability program.
1.12 Early Retirement Date means the first day of any month on or after a Member attains 10
Years of Service for Members as of September 30, 2011 or attains 15 Years if Service for
Members hired after September 30, 2011 and has attained age 55; or a Member attains 25
Years of Service irrespective of age.
1.13 Employee means any Employee of the City, other than excluded employees as described
in Article 2. Individuals who perform services for the City in any capacity other than as an
Employee, determined pursuant to the books and records of the City (e.g., independent
contractors or leased employees within the meaning of Code section 414(n), even if such
individuals are reclassified as employees by any governmental agency other than the City
or by judicial decision), are not Employees for purposes of the Plan, and thus, are not
eligible to participate in the Plan. Notwithstanding any other provision of this Plan,
individuals who are employed by the City pursuant to an employment contract shall not be
eligible to participate in the Plan, unless their employment contract expressly provides for
such participation.
1.14 Firefighter means a former Employee who was employed solely by the fire department of the
City of Winter Springs, who is certified as a firefighter as a condition of employment and
whose duty it is to extinguish fires, to protect life, or to protect property. A Firefighter includes
all certified, supervisory, and command personnel whose duties include, in whole or in part,
the supervision, training, guidance, and management responsibilities of full-time firefighters,
part-time firefighters, or auxiliary firefighters. A participating Firefighter is a former City
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Firefighter covered under the Agreement between the City of Winter Springs and Seminole
County for Fire and Emergency Medical Services, who elected to continue participating in
the Defined Benefit Plan and Trust for Employees of the City of Winter Springs.
1.15 Fund means the retirement fund established pursuant to this Plan.
1.16 Forensic professional means an Employee who spends at least 65 percent of his or her time
performing duties that involve the collection, examination, preservation, documentation,
preparation, or analysis of human tissues or fluids or physical evidence having potential
biological, chemical, or radiological hazard or contamination, or use chemicals, processes,
or materials that may have carcinogenic or health-damaging properties in the analysis of
such evidence.
1.17 General Employee means an Employee who is not a sworn police officer, firefighter or
forensic professional.
1.18 Member means all Employees who participate in this Plan, vested terminated members,
and retirees.
1.19 Normal Retirement Date means the first day of any month on or after the earlier of the date
a Member attains age sixty-five (65), or accrues thirty (30) years of credited service.
1.20 Plan means The City of Winter Springs Retirement Plan as restated on November 10, 2003,
and subsequently restated on 12/1/2017
1.21 Plan Administrator is the Employer unless the Employer designates another person to hold
the position of Plan Administrator. In addition to his other duties, the Plan Administrator
has full responsibility for compliance with any reporting and disclosure rules applicable to
the Plan.
1.22 Plan Year means the fiscal year of the Plan, a 12 consecutive month period ending every
September 30.
1.23 Police Officer means any person who is elected, appointed, or employed full time by the City
of Winter Springs, who is certified or required to be certified as a law enforcement officer in
compliance with s. 943.1395, who is vested with authority to bear arms and make arrests,
and whose primary responsibility is the prevention and detection of crime or the enforcement
of the penal, criminal, traffic, or highway laws of the state. This definition includes all
certified supervisory and command personnel whose duties include, in whole or in part, the
supervision, training, guidance, and management responsibilities of full-time law
enforcement officers, part-time law enforcement officers, or auxiliary law enforcement
officers, but does not include part-time law enforcement officers or auxiliary law
enforcement officers as the same are defined in s. 943.10(6) and (8), respectively.
1.24 Predecessor Plan means the Defined Benefit Plan and Trust for Employees for the City of
Winter Springs, adopted by the City on March 23, 1998, as subsequently amended.
1.25 Present value means the single sum Actuarial Equivalent of the Member's Accrued Benefit.
1.26 Retiree means any Member who receives benefits under the provisions of this Plan, or
participates in the DROP.
1.27 Retirement or retire means a Member's separation from city employment with eligibility
for and actual receipt of benefits under this Plan, or entry into the DROP.
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1.28 Retirement Committee or Committee means the committee described in Article 13.
1.29 Retirement Plan or Plan means the City of Winter Springs Retirement Plan as contained
herein, and all amendments hereto.
1.30 Service means any period of time the Employee is in the employ of the City including any
period the Employee is on an unpaid leave of absence authorized by the City under a uniform,
nondiscriminatory policy applicable to all Employees. Effective 12/1/2017. "Service" means
any period of time the Employee is in the employ of the City after the employee becomes an
eligible Member in the Plan in accordance with Article 2 "Separation from Service" means a
separation from Service with the Employer maintaining the Plan.
1.31 Trustee means the Board of Trustees of the City of Winter Springs, or any successor in
office who in writing accepts the position of Trustee.
1.32 Vesting period means the period of credited service required to obtain a non-forfeitable
right to receive a future benefit under the Plan, in accordance with Article. 6.
Article 2 Participation
2.01 Eligibility. Each Employee (other than an Excluded Employee) becomes a Member of the
Plan on the first day of the month (if employed on that date) immediately following the
date 6 months after Employment Commencement Date. Effective 12/1/2017, each
Employee (other than an Excluded Employee) becomes a Member of the Plan the first of
the month following 30 days from Employment Commencement Date, unless they have
opted out of this pension plan. "Employment Commencement Date" means the date on
which the Employee first performs Service for the City. Notwithstanding any other
provision of this Plan any Employee other than a sworn police officer or forensic
professional hired or rehired on or after October 1, 2011 shall not be eligible to participate
in this Plan. Any Employee other than a sworn police officer or forensic professional hired
or rehired on or after October 1, 2011 shall participate in the defined contribution plan
established pursuant to Resolution 2011-59 if eligible to participate in the defined
contribution plan. Except as provided under Section 2.04, Employees hired or rehired as
sworn police officers or forensic professionals on or after October 1, 2011 shall participate
in this Plan
(a) Excluded Employees:
(1) An Employee is an Excluded Employee if his customary weekly
employment with the City is less than 32 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 City
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").
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(2) If a Member has not incurred a Separation from Service but becomes an
Excluded Employee, then during the period such a Member is an Excluded
Employee, the Member will not accrue a benefit under the Plan attributable
to any period during which he is an Excluded Employee. However, during
such period of exclusion, the Member, without regard to employment
classification, continues to receive credit for vesting for each included Year
of Service.
(3) If an Excluded Employee who is not a Member 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 Member had he not been
an Excluded Employee during his period of Service. Furthermore, the Plan
takes into account all of the Member's included Years of Service with the
City as an Excluded Employee for purposes of vesting credit.
(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 Member
Contributions due under this Plan and the required Member contributions due under
the Money Purchase Plan for such service.
2.02 Participation upon Reemployment. Any Employee other than a sworn police officer or
forensic professional who is reemployed on or after October 1, 2011 shall not participate in
this Plan but will upon reemployment participate in the defined contribution plan established
pursuant to Resolution 2011-59. A Member employed as a police officer or forensic
professional whose employment terminates and who is subsequently reemployed on or after
October 1, 2011 will reenter the Plan as a Member on the date of his reemployment. An
Employee employed as a police officer or forensic professional who satisfies the Plan's
eligibility conditions but who terminates employment with the City prior to becoming a
Member and who is subsequently reemployed on or after October 1, 2011, will become a
Member on the later of the date on which he would have entered the Plan had he not
terminated employment or the date of his reemployment. An Employee employed as a police
officer or forensic professional who terminates employment prior to satisfying the Plan
eligibility conditions and who is subsequently reemployed on or after October 1, 2011
becomes a Member in accordance with the provisions of Section 2.01.
2.03 Employees with Non-Contributing Service under the Predecessor Plan. Any Employee
who completed years of service under the Predecessor Plan prior to the adoption of
Resolution No. 2003-44, but did not make contributions to the Predecessor Plan or to the
Money Purchase Plan for Employees of the City of Winter Springs, and did not receive
years of accrual service under the Predecessor Plan, shall receive credited service under this
Plan upon payment of the required Member contributions due under this Plan and the
required member contributions due under the Money Purchase Plan for such service.
2.04 Opt-Out. Notwithstanding any other provision of the Plan, any sworn police officer or
forensic professional hired by City on or after 12/1/17 may elect to opt out of participation
in this Plan and enroll in a defined contribution plan established by the City. This onetime,
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irrevocable election must be made in writing on a form provided by the City prior to
becoming an eligible Member in this Plan in accordance with Section 2.01. If an opt-out
election is not made prior to becoming an eligible Member in this Plan in accordance with
Section 2.01, the sworn police officer or forensic professional shall be a Member in this Plan.
Article 3 Contributions
3.01 Required Member Contributions. Each Member is required to contribute 3% of
Compensation to the Plan, which contribution shall be considered the required Member
contribution. Effective October 10, 2011, each Member is required to contribute 5% of
Compensation to the Plan, which contribution shall be considered the Required Member
Contribution. The required Member contribution shall be deducted from each Member's
Compensation whenever such Compensation is paid, and remitted to the Fund. Required
Member contributions shall be considered an employer "pick-up" contribution and shall be
designated as employer contributions pursuant to Section 414(h) of the Internal Revenue
Code, contingent upon the contributions being excluded from the Member's gross income
for federal income tax purposes. For all other purposes of this Plan, such contributions shall
be considered Member contributions.
3.02 Member Account Balance Transferred from Money Purchase Pension Plan to Predecessor
Plan. A Member's account balance transferred from the Money Purchase Pension Plan and
Trust for Members of the City of Winter Springs to the Predecessor Plan pursuant to
Resolution No. 2003-44, shall become an integral part of this Fund; provided that such
account balance, plus 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, if available, and if not, 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, shall be part of the accrued
benefit payable to a Member upon normal retirement.
3.03 Employer contributions: The city shall annually contribute an amount which, when added
to the Members' contributions, will be sufficient to fund the plan on a sound actuarial basis,
in accordance with applicable law.
Article 4 Benefits
4.01 Normal Retirement
(a) Normal Retirement Date. The Normal Retirement date is the first day of any month
following the earlier of the date a Member attains age sixty-five (65), or attains at
least thirty (30) years of credited service, regardless of age. In addition, a Member
with at least thirty (30) years of credited service who is determined to be disabled
under the provisions of the City's long term disability insurance policy prior to the
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Normal Retirement Date may retire with an unreduced benefit, and the benefit shall
be calculated based on the Member's credited service and average final
compensation at the date of separation from employment.
(b) Normal Retirement Benefit:
(1) A Member who is actively employed by the City at the Normal Retirement
Date may retire with an unreduced benefit at any time thereafter, and the
benefit shall be calculated based on the Member's credited service and
average final compensation at the date of separation from employment. A
Member's normal retirement pension equals 2% of the Member’s Average
Final Compensation multiplied by his Years of Accrual Service for service
prior to October 1, 2000, and 3% of the Member’s Average Final
Compensation multiplied by his Years of Accrual Service for service on and
after October 1, 2000. Such pension will be adjusted for any distribution in
accordance with Article 5. The For members retiring before October 1,
2026, the maximum number of Years of Accrual Service taken into account
in the normal retirement pension is 30, counting forward from the date of
initial participation to include any purchased past service. For members
retiring on or after October 1, 2026, the annual benefit payable to a member,
regardless of years of service, shall not exceed ninety-nine percent (99%)
of the member’s average final compensation.
(2) Notwithstanding any provision of subsection (b)(1) to the contrary,
effective October 1, 2008, a Member's normal retirement pension shall
equal 3% of the Member's Average Final Compensation multiplied by his
Years of Accrual service for service prior to October 1, 2000; provided that
such multiplier shall increase by one-fourth of one percent (.25%) each year
beginning October 1, 2005 as follows:
Date of Multiplier for Service
Retirement on or After Prior to October 1, 2000
October 1, 2005 2.25%
October 1, 2006 2.50%
October 1, 2007 2.75%
October 1, 2008 3.00%
(3) A Member's normal retirement pension shall be calculated by applying the
multiplier for service prior to October 1, 2000 that is in effect on the date of
the Member's separation from service.
(4) Effective October 10, 2011 the normal retirement pension of a General
Employee Member shall equal 3% of the Member’s Average Compensation
multiplied by Years of Accrual Service prior to October 1, 2011, and 2.5%
of the Member’s Average Compensation multiplied by Years of Accrual
Service on and after October 1, 2011. The normal retirement pension of a
Member employed as a sworn police officer, firefighter or forensic
professional shall equal 3% of the Member’s Average Compensation
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multiplied by Years of Accrual Service. Such pension will be adjusted for
any distribution in accordance with Article 5. The For members retiring
before October 1, 2026, the maximum number of Years of Accrual Service
taken into account in the normal retirement pension is 30, counting forward
from the date of initial participation to include any purchased past service.
For members retiring on or after October 1, 2026, the annual benefit payable
to a member, regardless of years of service, shall not exceed ninety-nine
percent (99%) of the member’s average final compensation.
(c) Accrued Benefit. Subject to the Annual Benefit limitations of Article 17, a
Member's Accrued Benefit is the normal retirement pension accrued by the
Member under the accrual formula provided in this paragraph (c).
(1) Method of Accrual. As of any date, a Member's Accrued Benefit is his
normal retirement pension calculated as of the determination date, based on
the Years of Accrual Service credited as of such date.
(2) Years of Accrual Service. Years of Accrual Service are Years of Service as
determined under Article 5, including Years of Service completed prior to his
participation in the Plan. Any Employee who completed Years of Service prior
to the adoption 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 Member
Contributions due under this Plan and the required Member contributions due
under the Money Purchase Pension Plan for such service. Years of Accrual
Service also include "Years of Qualified Service" purchased by a Member
before 12/1/2017, and "Years of Permissive Service" purchased on or after
12/1/2017. Years of Qualified Service means any or all years of service
performed by the Member 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 City, but only if all of
the following conditions are satisfied:
a. the Member 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;
b. the Member makes the voluntary contribution described in
Subsection (2)a. above, in one lump sum payment to the Plan prior
to receiving credit for such Years of Qualified Service and prior to
12/1/2017;
c. the Member's Accrued Benefit is either 100% Nonforfeitable at the
time he makes the voluntary contribution described in subsection
(2)a. above or will become 100% Nonforfeitable immediately after
receiving credit for such Years of Qualified Service; and
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d. the crediting of such Years of Qualified Service must not cause the
Member to receive a retirement benefit for the same Years of
Qualified Service under more than one retirement plan.
(d) Normal Form of Benefit. The Normal Retirement Benefit shall be computed in the
form of a straight life annuity. The Member, or in the event of the member's death
prior to commencement of normal retirement benefits, early retirement benefits, or
deferred vested benefits, the Member's beneficiary, may select an optional form of
distribution in accordance with Article 5.
4.02 Delayed Normal Retirement. A benefit commencing after age sixty-five (65) is the Actuarial
Equivalent of the Member's accrued benefit payable as of the later of age sixty-five (65) or
the last day of the prior Plan Year. A Member continues to accrue benefits after age sixty-
five (65) if the Member's Accrued Benefit would increase because of additional credited
service or compensation. A Member's accrued benefit as of the end of each Plan Year
following age sixty-five (65) is the greater of: (1) the normal retirement benefit determined
under the Plan, taking into account credited service and compensation earned after age sixty-
five (65); or (2) the accrued benefit, determined as of the later of age sixty-five (65) or the
end of the prior Plan Year, actuarially adjusted for delayed retirement.
4.03 Early Retirement.
(a) Eligibility.
(1) A Member as of September 30, 2011 who has received credit for at least 10
Years of Service and has attained age 55 may elect an early retirement
pension. A Member as of September 30, 2011 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 Member as of September 30, 2011 who has completed 25 or more
Years of Service may elect an early retirement pension.
(2) A Member hired after September 30, 2011 who has received credit for at
least 15 Years of Service, and has attained age 55 may elect an early
retirement pension. A Member hired after September 30, 2011 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 Member hired after September
30, 2011 who completes 25 Years of Service may elect to receive an early
retirement pension.
(3) The early retirement pension for a Member is his or her Nonforfeitable
Accrued Benefit payable at Normal Retirement Date without actuarial
reduction for early commencement but only if benefits commence on or
after the Member attains age 55. If an eligible Member elects to commence
his or her early retirement pension prior to attaining age 55, such Member's
early retirement pension is the Actuarial Equivalent of his Nonforfeitable
Accrued Benefit payable at 55.
(4) Notwithstanding the above, the early retirement pension for a Member as of
September 30, 2011 who has received credit for 10 or more Years of Service
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but less than 15 Years of Service is the sum of his or her Nonforfeitable
Accrued Benefit as of September 30, 2011 payable at Normal Retirement
Date without actuarial reduction for early commencement plus his or her
Accrued Benefit payable at Normal Retirement Date earned after September
30, 2011 with actuarial reduction for early commencement.
(b) Early Retirement Benefit. The early retirement benefit shall be calculated in the
same manner as the normal retirement benefit, except that the benefit shall be based
on average final compensation and credited service as of the early retirement date,
and shall be reduced by the actuarial equivalent of what would have been payable
at age fifty-five (55) unreduced.
(c) If the present value of the Member's early retirement benefit does not exceed $1,000,
the benefit will automatically be paid in a lump sum, as soon as administratively
practicable after the Member's separation from employment or, if later, after the
Member satisfies the eligibility requirements for an early retirement benefit. If the
present value of the Member's early retirement benefit is greater than $1,000 but does
not exceed $3,500, upon receipt of the Member's written election to receive a lump
sum distribution, the early retirement benefit shall be paid in a lump sum, as soon as
administratively practicable after the Member's separation from employment or, if
later, after the Member satisfies the eligibility requirements for an early retirement
benefit.
(d) If the present value of the Member's early retirement benefit exceeds $3,500, the
benefit shall be paid in the form and as of the date elected by the Member in
accordance with the Plan. A Member 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 employment. If the Member
fails to designate a distribution date, then the early retirement benefit shall be paid
in accordance with this Article.
4.04 Deferred Vested Benefit.
(a) A Member who, prior to his Normal Retirement Date, terminates employment for
any reason other than death, or eligibility for an early retirement pension, will
receive a deferred vested pension.
(b) If the present value of the Member's deferred vested pension does not exceed
$1,000, the Plan will automatically pay the deferred vested pension in a lump sum,
as soon as administratively practicable following the Member's separation from
service. If the present value of the Member's deferred vested pension is greater
than $1,000 but does not exceed $3,500, upon receipt of the Member's written
election to receive a lump sum distribution, the Plan will pay the deferred vested
pension in a lump sum, as soon as administratively practicable following the
Member'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 Member attains Age
65.
(c) If the present value of the Member's deferred vested pension exceeds $3,500, the
deferred vested pension will be paid in the form elected by the Member. A Member
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may elect to commence his deferred vested pension after the Member's Normal
Retirement Date. If the Member fails to elect a distribution date, then payment of the
deferred vested pension will commence in accordance with Article 5.
Article 5 Payment of Accrued Benefit - Optional Forms of Payment
5.01 Form of Benefit. Subject to the requirements of this Article, the Plan will pay a Member
his Nonforfeitable Accrued Benefit in a form permitted hereunder. Annuity payments will
continue until the last scheduled payment coincident with or immediately preceding the
date of the Member's death or, if applicable, the date of his survivor's death.
(a) Consent. A Member must consent, in writing, to any distribution described in this
Article if the present value of the Member's Nonforfeitable Accrued Benefit
exceeds $1,000, and the distribution commences prior to the Member's attaining
Normal Retirement Age. Furthermore, the Member's spouse also must consent, in
writing, to any distribution for which Section 5.02 requires the spouse's consent. For
purposes of the consent requirements under this Article, if the present value of the
Member's Nonforfeitable Accrued Benefit, at the time of any distribution, exceeds
$1,000, the Retirement Committee will treat that present value as exceeding $1,000
for purposes of all subsequent Plan distributions to the Member.
(b) Annuity starting date/distribution date. The term "annuity starting date" means: (1)
the first day of the first period for which the Plan pays an amount as an annuity; or
(2) for a distribution in any other form, the date of the distribution. A distribution
date is the date as of which the Plan requires distribution or as of the date which the
Member (or Beneficiary) may elect to commence distribution.
5.02 Qualified Joint and Survivor Annuity.
(a) Payment of Annuity Form. A married or unmarried Member's Nonforfeitable
Accrued Benefit will be distributed in the form of a qualified joint and survivor
annuity, unless the Member makes a valid waiver election prior to the annuity starting
date. If, as of the annuity starting date, the Member is married, a qualified joint and
survivor annuity is an immediate annuity payable for the life of the Member and a
survivor annuity payable for the remaining life of the Member's surviving spouse
which is 50% of the amount of the annuity payable during the life of the Member. If,
as of the annuity starting date, the Member is not married, a qualified joint and
survivor annuity is an immediate life annuity for the Member. The qualified joint and
survivor annuity will be the Actuarial Equivalent of the Member's Nonforfeitable
Accrued Benefit and will provide monthly payments.
(b) Present Value Not Greater Than $3,500. If the present value of the Member's
Accrued Benefit is not greater than $1,000, the Member's pension will be paid in a
single lump sum, in lieu of a qualified joint and survivor annuity. If the present
value of the Member's Accrued Benefit is greater than $1,000 but does not exceed
$3,500, upon receipt of the Member's written election to receive a lump sum
distribution, the Member's pension will be paid in a single lump sum, in lieu of a
qualified joint and survivor annuity. The distribution must occur on or before the
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annuity starting date. The consent requirements of this Article do not apply to a
Member subject to this paragraph.
5.03 Commencement of Benefits. The distribution of benefits will commence in accordance
with this Article, subject to mandatory distribution requirements.
(a) Distribution to Member Who Separates from Service Before Normal Retirement
Date. Distribution of the Member's Nonforfeitable Accrued Benefit will
commence in accordance with Sections 4.03.
(b) Distribution to Member Who Separates from Service After Normal Retirement
Date. Distribution to the Member will commence as follows:
(1) Present Value of Normal Retirement Pension Not Exceeding $1,000. In
lump sum, as soon as administratively practicable following the Member'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 is Greater than $1,000 but Not
in Excess of $3,500. In lump sum, as soon as administratively practicable
following the receipt of the Member's written election to receive a lump sum
distribution and separation from Service.
(3) Present Value of Normal Retirement Pension Exceeds $3,500. In the form
and at the time elected by the Member, as permitted under this Article. The
Member may elect to commence distribution as soon as administratively
practicable following separation from Service or as of the first day of any
subsequent month.
(c) Failure of Member To Make an Election. Where the Member has the right to elect
the form and timing of his pension, but has failed to make an election, distribution
of the Member's pension will commence in the form prescribed by Section 5.02, as
soon as administratively practicable following the later of: (1) the Member's
attainment of Normal Retirement Age; or (2) the Member's separation from
Service.
(d) Notice to Member. At least 30 days before the Member's annuity starting date, the
Retirement Committee must provide a benefit notice to a Member who is eligible
to make a distribution election under the Plan. The benefit notice must explain the
optional forms of benefit in the Plan, including the material features and relative
values of those options, and the Member's right to defer distribution until he attains
Normal Retirement Age.
(e) Death of the Member. If the Member had commenced distribution prior to his death,
distribution to the Member's Beneficiary will be made in accordance with the
distribution method in effect at the time of death. If the deceased Member had not
commenced distribution, the Member's death benefit will be distributed in
accordance with subsection (a) or (b), whichever applies, subject to the
requirements of Article 7.
(1) Present Value of Death Benefit Does Not Exceed $1,000. In lump sum, as
soon as administratively practicable following the date on which the
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Retirement Committee receives notification of or otherwise confirms the
Member's death.
(2) Present Value of Death Benefit is Greater than $1,000 but Not in Excess of
$3,500. In lump sum, as soon as administratively practicable following the
date on which the Retirement Committee receives notification of or
otherwise confirms the Member's death and receives the Beneficiary's
written election to receive a lump sum distribution.
(3) Present Value of Death Benefit Exceeds $3,500. In the form and at the time
elected by the Member or, if applicable by the Beneficiary, as permitted under
this Article. Unless otherwise elected by the Member, a Beneficiary may elect
to commence distribution of the Member's death benefit as of the first day of
any month following the date the Retirement Committee receives notification
of or otherwise confirms the Member's death. In addition to the other forms of
distribution available under this Article, a Beneficiary may elect to receive the
Member's death benefit in monthly, quarterly or annual installments over a 5
year period, unless the Member elected otherwise. In the absence of an
election, the Plan will distribute the Member'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 Member's death.
5.04 Waiver Election - Qualified Joint and Survivor Annuity.
(a) Explanation of Waiver. At least 30 days before the Member's annuity starting date,
the Retirement Committee must provide the Member a written explanation of the
terms and conditions of the qualified joint and survivor annuity, the Member's right
to make, and the effect of, an election to waive the joint and survivor form of benefit,
the rights of the Member's spouse regarding the waiver election and the Member's
right to make, and the effect of, a revocation of a waiver election. The Plan does not
limit the number of times the Member may revoke a waiver of the qualified joint and
survivor annuity or make a new waiver during the election period.
(b) Waiver Requirements. A married Member's waiver election is not valid unless (1) the
Member's spouse (to whom the survivor annuity is payable under the qualified joint
and survivor annuity), after the Member has received the written explanation
described in this Article, has consented in writing to the waiver election, the spouse's
consent acknowledges the effect of the election, and a notary public or the Plan
Administrator (or his representative) witnesses the spouse's consent, (2) the spouse
consents to the alternate form of payment designated by the Member or to any change
in that designated form of payment, and (3) unless the spouse is the Member's sole
primary Beneficiary, the spouse consents to the Member's Beneficiary designation or
to any change in the Member's Beneficiary designation. The spouse's consent to a
waiver of the qualified joint and survivor annuity is irrevocable unless the Member
revokes the waiver election. The spouse may execute a blanket consent to any form
of payment designation or to any Beneficiary designation made by the Member, if the
spouse acknowledges the right to limit that consent to a specific designation but, in
writing, waives that right.
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(c) The Retirement Committee may accept as valid a waiver election which does not
satisfy the spousal consent requirements if the Retirement Committee establishes
the Member does not have a spouse, the Retirement Committee is not able to locate
the Member's spouse, the Member is legally separated or has been abandoned
(within the meaning of State law) and the Member has a court order to that effect,
or other circumstances exist under which the Secretary of the Treasury will excuse
the consent requirement. If the Member's spouse is legally incompetent to give
consent, the spouse's legal guardian (even if the guardian is the Member) may give
consent.
5.05 Optional Forms of Distribution. The Member's Nonforfeitable Accrued Benefit will be
paid, as elected by the Member or, if applicable, by the Beneficiary, under one of the
optional forms of distribution permitted under this Article. Any form of payment under
this Article must be the Actuarial Equivalent of the Member's accrued benefit. The optional
forms of distribution are:
(a) Installments. Payment in monthly, quarterly or annual installments over the life
expectancy of the Member, or the joint life and last survivor expectancy of the
Member and his or her designated beneficiary.
(b) Life Annuity. A straight life annuity, payable no less frequently than annually, with
payment of the Member's accrued benefit ending on the Member's death.
(c) Life Annuity with Term Certain. A life annuity, payable no less frequently than
annually, with a term certain guaranteed. The term certain cannot exceed the
Member's life expectancy, or the joint life and last survivor expectancy of the
Member and his or her designated beneficiary. If a Member dies before the
guaranteed number of payments has been made, the Member's designated
beneficiary shall receive the same monthly payments for the remainder of the
guaranteed period.
(d) Joint and Survivor Annuity. A joint life annuity payable for the life of the Member,
with a survivor annuity payable for the remaining life of a designated beneficiary
which is a specified percentage ( 50%, 75% or 100%) of the annuity payable during
the Member's life.
5.06 Special Rules. The Retirement Committee, only upon the Member's written request or, in the
case of a distribution described in Section 12.01 only upon the written request of the Member's
spouse, will recalculate the applicable life expectancy period for purposes of calculating the
minimum distribution applicable to a distribution calendar year following the first distribution
calendar year. The Member must make a recalculation election not later than his Required
Beginning Date. A surviving spouse must make a recalculation election no later than the
December 31 date described in Section 12.01(b). A recalculation election applicable to a joint
life expectancy payment, where the survivor is a nonspouse Beneficiary, may not take into
account any adjustment to any life expectancy other than the Member's life expectancy, as
prescribed by the applicable regulations under Code §401(a)(9). In the absence of a
recalculation election, the Plan does not permit recalculation of the applicable life expectancy
factor.
5.07 Distributions Under Domestic Relations Orders.
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(a) Nothing contained in this Plan will prevent the Plan 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. The Plan does not permit distribution to an alternate payee
under a qualified domestic relations order until the Member has attained his earliest
retirement age (as defined under Code §414(p)) under the Plan. Nothing in this Article
permits a Member 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.
(b) For purposes of applying Article 5 and Section 7.02, the Retirement Committee will
treat a former spouse as the Member's spouse or surviving spouse to the extent
provided under a qualified domestic relations order. The survivor annuity
requirements of Section 7.02 and the joint and survivor annuity requirements of
Article 5 apply separately to the portion of the Member's Nonforfeitable Accrued
Benefit subject to the qualified domestic relations order and to the portion of the
Member's Nonforfeitable Accrued Benefit not subject to that order.
(c) The Retirement Committee must establish reasonable procedures to determine the
qualified status of a domestic relations order. Upon receiving a domestic relations
order, the Retirement Committee promptly will notify the Member and any
alternate payee named in the order, in writing, of the receipt of the order and the
Plan's procedures for determining the qualified status of the order. Within a
reasonable period of time after receiving the domestic relations order, the
Retirement Committee must determine the qualified status of the order and must
notify the Member and each alternate payee, in writing, of its determination. The
Retirement Committee must provide notice under this paragraph by mailing to the
individual's address specified in the domestic relations order, or in a manner
consistent with applicable law.
(d) If any portion of the Member's Nonforfeitable Accrued Benefit is payable during the
period the Retirement Committee is making its determination of the qualified status
of the domestic relations order, the Retirement Committee must make a separate
accounting of the amounts payable. If the Retirement Committee determines the order
is a qualified domestic relations order within 18 months of the date amounts first are
payable following receipt of the order, the Plan will distribute the payable amounts in
accordance with the order. If the Retirement Committee does not make its
determination of the qualified status of the order within the 18 month determination
period, the Plan will to distribute the payable amounts in the manner the Plan would
distribute if the order did not exist and will apply the order prospectively if the
Retirement Committee later determines the order is a qualified domestic relations
order.
(e) The Plan will make any payments or distributions required under this Article by
separate benefit checks or other separate distribution to the alternate payee.
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Article 6 Vesting
6.01 100% Vesting Upon Certain Events. A Member's Accrued Benefit is 100% Nonforfeitable
upon and after attaining Normal Retirement Age (if employed on or after that date). A
Member's Accrued Benefit is 100% Nonforfeitable if the Member's separation from
Service is a result of death, disability or eligibility for an early retirement pension.
6.02 100% Vesting of Required Member Contributions. Each Member is immediately 100% vested
with respect to his Required Member Contributions. A Member is entitled to receive a return
of his Required Member Contributions, contributed while a Member 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. Effective [DATE], Required
Member Contributions shall be credited with interest at a rate equal to the interest rate on 3-
year Treasury Securities as determined by the Retirement Committee as of the calendar month
preceding the first day of the Plan year. The amount received as a distribution by the Member
shall be used to reduce the accrued benefit, if any, at his normal retirement date. Required
Member contributions contributed on and after October 1, 2000 are 100% vested and shall be
included in the deferred vested benefit payable to the Member upon normal retirement date.
6.03 Vesting Schedule prior to October 1, 2011. Subject to Sections 6.01 and 6.02, a Member's
Nonforfeitable percentage in his Accrued Benefit equals the percentage in the following
schedule:
Vested
Years of Service Percentage
Less than 3…………………… None
3 ……………………………... 20%
4 ……………………………… 40%
5 ……………………………… 60%
6 ……………………………… 80%
7 or more …………………….. 100%
6.04 Vesting Schedule effective October 1, 2011. Effective October 1, 2011, and subject to
Sections 6.01 and 6.02, a Member's Nonforfeitable percentage in his Accrued Benefit
equals the percentage in the following schedule:
Vested
Years of Service Percentage
Less than 7…………………….. None
7 or more ……………………….100%
Notwithstanding any provision of this Article to the contrary, the Accrued Benefit of a
Member on September 30, 2011 shall continue to vest in accordance with Section 6.03.
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6.05 Amendment to Vesting Schedule. Though the City reserves the right to amend the vesting
schedule at any time, the Retirement Committee will not apply the amended vesting
schedule to reduce the Nonforfeitable percentage of any Member's Accrued Benefit
(determined as of the later of the date the City adopts the amendment, or the date the
amendment becomes effective) to a percentage less than the Nonforfeitable percentage
computed under the Plan without regard to the amendment. An amended vesting schedule
will apply to a Member only if the Member receives credit for at least one Hour of Service
after the new schedule becomes effective.
6.06 If the City makes a permissible amendment to the vesting schedule, each Member having
at least 3 Years of Service with the City may elect to have the percentage of his
Nonforfeitable Accrued Benefit computed under the Plan without regard to the
amendment. The Member must file his election with the Retirement Committee within 60
days of the latest of (1) the City's adoption of the amendment; (2) the effective date of the
amendment; or (3) his receipt of a copy of the amendment. The Retirement Committee, as
soon as practicable, must forward a true copy of any amendment to the vesting schedule to
each affected Member, together with an explanation of the effect of the amendment, the
appropriate form upon which the Member may make an election to remain under the
vesting schedule provided under the Plan prior to the amendment and notice of the time
within which the Member must make an election to remain under the prior vesting
schedule. The vesting schedule election does not apply to a Member if the amended vesting
schedule provides for vesting at least as rapid at all times as the vesting schedule in effect
prior to the amendment
6.07 Forfeiture for Cause. Any Member who is convicted of the any of the following offenses
committed prior to retirement, or whose employment is terminated by reason of his
admitted commission, aid or abetment of the following specified offenses, shall forfeit all
rights and benefits under this Plan, except for the return of his accumulated Member
Contributions as of the date of termination.
(a) 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 the employer;
(3) bribery in connection with the employment of a public officer or employee;
(4) any felony specified in Chapter 838, Florida Statutes;
(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 acts
or in which he is employed, of the right to receive the faithful performance
of his duty as a public officer or employee, realizes or obtains or attempts
to obtain a profit, gain, or advantage for himself or for some other person
through the use or attempted use of the power, rights, privileges, duties or
position of his public office or employment position.
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(7) the committing on or after October 1, 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 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 a 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. Prior to forfeiture, the Board shall hold a hearing
on which notice shall be given to the Participant whose benefits are being considered
for forfeiture. Said Participant shall be afforded the right to have an attorney present.
No formal rules of evidence shall apply, but the Participant shall be afforded a full
opportunity to present his case against forfeiture.
(d) Any Member who has received benefits from the Plan in excess of his accumulated
Member Contributions after the Member's rights were forfeited pursuant to this
Article shall be required to pay back to the Fund the amount of the benefits received
in excess of his accumulated Contributions. The Retirement Committee may
implement all legal action necessary to recover such funds.
6.08 Year of Service - Vesting. For purposes of vesting under this Article, Year of Service
means any Plan Year during which an Employee completes not less than 1,000 Hours of
Service. A Year of Service includes any Year of Service earned prior to the Effective Date
of the Plan, except as provided in Section 6.10.
6.09 Break in Service - Vesting. For purposes of this Article, a Member incurs a "Break in
Service" if during any Plan Year he does not complete more than 500 Hours of Service
with the City.
6.10 Included Years of Service - Vesting. For purposes of determining "Years of Service" under
Section 6.08 the Plan takes into account all Years of Qualified Service credited to a
Member pursuant to Section 4.01(c) and all Years of Service an Employee completes with
the City except:
(a) 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 subsection (b).
(b) Any Year of Service completed before a Break in Service if the number of the
Member's consecutive Breaks in Service equals of exceeds the greater of 5 or the
aggregate number of the Years of Service prior to the Break. This Break in Service
rule applies only if the Member 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
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of any prior Break in Service. If the Retirement Committee Retirement Committee
disregards the Member's Years of Service under this exception, the Plan forfeits his
pre-Break in Service Accrued Benefit.
(c) Any Year of Service before the Plan Year in which the Member attained the age of
18.
6.11 Disregard of Accrued Benefit
(a) Cash-Out Distribution. If a partially-vested Member receives a cash-out payment
of his entire Nonforfeitable Accrued Benefit, the Retirement Committee will
disregard the Member's Accrued Benefit determined as of the date of the cash-out
distribution. A partially-vested Member who is re-employed by the City after
receiving a cash-out distribution has the right to repay the Trustee the employer
derived portion of the cash-out distribution he received, provided his repayment
right has not expired. The Member's repayment must include interest at the rate
determined under Code §411(c)(2)(C) (or under a successor to that Code section),
calculated from the date of the cash-out distribution. A Member's right to make
repayment expires on the earlier of: (1) the date 5 years after the Member's first re-
employment date with the City following the cash-out distribution; or (2) the last
day of the first Break in Service Period ending after the cash-out distribution. A
Break in Service Period is a period of 5 consecutive Plan Years in which the
Member incurs a Break in Service.
(b) Restoration of Accrued Benefit. If, prior to the expiration of the repayment period,
a re-employed Member makes repayment in accordance with the terms of this
Article, the Retirement Committee will restore the Member's Accrued Benefit
disregarded under this Article.
(c) 0% Vested Member. A 0% vested Member is a Member whose Accrued Benefit is
entirely forfeitable at the time of his Separation from Service. Under the deemed
cash-out rule, the Retirement Committee will treat the 0% vested Member as having
received a cash-out distribution on the date of the Member's Separation from
Service. For purposes of applying the restoration provisions of this Article, the
Retirement Committee will treat the 0% vested Member as repaying his cash-out
"distribution" (plus the required interest) on the first date of his re-employment with
the City.
Article 7 Death prior to retirement
7.01 Pre-Retirement Death Benefit. If a Member dies prior to commencement of a normal
retirement pension, deferred vested pension or early retirement pension, his Beneficiary
will receive a death benefit equal to the present value of the Member's Nonforfeitable
Accrued Benefit. The Trustee will make payment, or commence payment, of the deceased
Member's death benefit in accordance with Article 5 and Section 7.02.
7.02 Preretirement survivor annuity. If a married Member dies prior to his annuity starting date,
the Retirement Committee will direct the Trustee to distribute to the Member's surviving
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spouse a preretirement survivor annuity, unless the Member has a valid waiver election (as
described in Section 5.04) in effect, or unless the Member and his spouse were not married
throughout the one year period ending on the date of his death.
(a) Preretirement Survivor Annuity - Defined. A preretirement survivor annuity is a
straight life annuity, payable no less frequently than annually, for the life of the
surviving spouse.
(b) Present Value Not Greater Than $3,500. If the present value of the preretirement
survivor annuity is not greater than $1,000, the Trustee will automatically make the
distribution in a lump sum, in lieu of the preretirement survivor annuity. If the present
value of the preretirement survivor annuity exceeds $1,000 but is not greater than
$3,500, the Trustee will make the distribution in a lump sum, in lieu of the
preretirement survivor annuity, upon receipt of the Beneficiary's written election to
receive a lump sum. The distribution must occur on or before the annuity starting date.
(c) Surviving Spouse Elections. If the present value of the preretirement survivor
annuity exceeds $3,500, the Member'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 Member's death, but not later than the applicable
mandatory distribution period described in Article 5. A surviving spouse also may
elect any form of payment described in Article 5, 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 Member's death; (2) the date the Retirement Committee
receives notification of or otherwise confirms the Member's death; or (3) the date
the Member would have attained Normal Retirement Age.
(d) Special Rules. If the Member's surviving spouse dies prior to the commencement
of the preretirement survivor annuity, the Plan will not pay the preretirement
survivor annuity and the Retirement Committee will determine the Member's death
benefit pursuant to subsection (a).
Article 8 Miscellaneous Provisions Affecting the Payment of Benefits
8.01 Nonduplication of Benefits. In the event any part or all of a Member's Accrued Benefit is
distributed to a Member and the Member later resumes active employment with the
Employer, the Trustee will compute the Member's Accrued Benefit by taking into account
all of the Member's Years of Accrual Service. However, the Trustee will offset the
Member's Accrued Benefit so computed by the Member's Accrued Benefit attributable to
any distribution the Trustee has made to the Member (other than a cash-out distribution).
If the distribution was a cash-out distribution, the Trustee will offset the Member's Accrued
Benefit by the Accrued Benefit disregarded under Section 6.11.
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8.02 No Disregard of Service. For purposes of computing Years of Service, the Plan does not
disregard Years of Service with respect to which a Member has received a distribution of
his Accrued Benefit.
Article 9 Other Provisions Affecting Benefits
9.01 Assignment or Alienation. Subject to Code §414(p) (relating to qualified domestic
relations orders), neither a Member nor a Beneficiary may anticipate assign or alienate (either
at law or in equity) any benefit provided under the Plan, and the Trustee will not recognize
any such anticipation, assignment or alienation. Furthermore, a benefit under the Plan is not
subject to attachment, garnishment, levy, execution or other legal or equitable process.
9.02 Distribution Upon Termination of Trust. If the Employer terminates the Plan, the Trustee
will determine the value of the Trust Fund as of the business day next following the date
of such termination.
9.03 Allocation of Assets. Upon termination of the Plan, the Retirement Committee shall direct
the Trustee to allocate the assets of the Plan in a nondiscrimatory manner and in accordance
with all applicable regulations. Any residual assets remaining after satisfaction of all
benefit liabilities shall be distributed in accordance with Section 9.04.
9.04 Overfunding. If the Employer has overfunded the Plan at the time it terminates the Plan,
the Plan must return the amount by which the Employer has overfunded the Plan to the
Employer, except to the extent the Plan allocates surplus assets to the Members pursuant
to written procedures (including any necessary Plan amendments) adopted by the Employer
incident to the Plan's termination. The Employer must state by written request to the
Retirement Committee the amount of the overfunding it wishes the Plan to return to it after
satisfying all liabilities under the terminated Plan.
Article 10 Employer Administrative Provisions
10.01 Information to Committee. The City will supply current information to the Retirement
Committee as to the name, date of birth, date of employment, annual compensation, leaves
of absence, Years of Service and date of termination of employment of each Employee
who is, or who will be eligible to become, a Member under the Plan, together with any
other information which the Retirement Committee considers necessary.
10.02 Indemnity of Plan Administrator and Committee. To the extent permitted under applicable
law, the Employer indemnifies and saves harmless the Plan Administrator, the members of
the Retirement Committee, and the Trustee, and each of them, from and against any and all
loss resulting from liability to which the Plan Administrator, the Retirement Committee, or
the members of the Retirement Committee and the Trustee may be subjected by reason of any
act or conduct (except willful misconduct or gross negligence) in their official capacities in
the administration of this Trust or Plan or both, including all expenses reasonably incurred in
their defense, in case the Employer fails to provide such defense.
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Article 11 Member Administrative Provisions
11.01 Beneficiary Designation. Any Member may from time to time designate, in writing, any
person or persons, as beneficiary. The Retirement Committee will prescribe the form for
the written designation of Beneficiary and, upon the Member's filing the form with the
Retirement Committee, the form effectively revokes all designations filed prior to that date
by the same Member. In the absence of spousal consent to the Member's Beneficiary
designation, any waiver of the qualified joint and survivor annuity or of the preretirement
survivor annuity is not valid.
11.02 No Beneficiary Designation/Death of Beneficiary. If a Member fails to name a Beneficiary
in accordance with Section 11.01, or if the Beneficiary named by a Member predeceases
him, then the Trustee will pay the death benefit in accordance with Article 5 in the
following order of priority to:
(a) The Member's surviving spouse;
(b) The Member's surviving children, including adopted children, in equal shares;
(c) The Member's surviving parents, in equal shares; or
(d) The legal representative of the Member's estate.
If the Beneficiary does not predecease the Member, but dies prior to distribution of his share
of the Member's entire death benefit, the remaining death benefit will be paid to the
Beneficiary's estate unless the Member's Beneficiary designation provides otherwise.
11.03 Personal Data to Committee. Each Member and each Beneficiary of a deceased Member
must furnish to the Retirement Committee such evidence, data or information as the
Retirement Committee considers necessary or desirable for the purpose of administering
the Plan. The provisions of this Plan are effective for the benefit of each Member upon the
condition precedent that each Member will furnish promptly full, true and complete
evidence, data and information when requested by the Retirement Committee, provided the
Retirement Committee advises each Member of the effect of his failure to comply with its
request.
11.04 Address for Notification. Each Member and each Beneficiary of a deceased Member must
file with the Retirement Committee from time to time, in writing, his post office address
and any change of post office address. Any communication, statement or notice addressed
to a Member, or Beneficiary, at his last post office address filed with the Retirement
Committee, or as shown on the records of the Employer, binds the Member, or Beneficiary,
for all purposes of this Plan.
11.05 Notice of Change in Terms. The Plan Administrator, within the time prescribed by
applicable law, must furnish all Members and Beneficiaries a summary plan description
and all other information required by applicable law.
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11.06 Litigation Against the Trust. A court of competent jurisdiction may authorize any
appropriate equitable relief to enforce any provisions of applicable law or the terms of the
Plan. A fiduciary may receive reimbursement of expenses properly and actually incurred
in the performance of his duties with the Plan.
11.07 Information Available. Any Member in the Plan or any Beneficiary may examine copies
of the plan description, this Plan and Trust, or any other instrument under which the Plan
was established or is operated. The Plan Administrator will maintain all of the items listed
in this subsection in his office, or in such other place or places as he may designate from
time to time, for examination during reasonable business hours. Upon the written request
of a Member or Beneficiary the Plan Administrator must furnish him with a copy of any
item listed in this subsection. The Plan Administrator may make a reasonable charge to the
requesting person for the copy so furnished.
11.08 Appeal Procedure for Denial of Benefits. A Member or a Beneficiary ("Claimant") may
file with the Retirement Committee a written claim for benefits, if the Member or
Beneficiary determines the distribution procedures of the Plan have not provided him his
proper Nonforfeitable Accrued Benefit. The Retirement Committee must render a decision
on the claim within 60 days of the Claimant's written claim for benefits.
(a) Notice of Denial. The Plan Administrator must provide adequate notice in writing
to any Claimant whose claim for benefits under the Plan the Retirement Committee
has denied. The Plan Administrator's notice of denial of benefits must identify the
name of each member of the Retirement Committee and the name and address of
the Retirement Committee member to whom the claimant may forward his appeal.
The Plan Administrator's notice to the Claimant must also set forth:
(1) The specific reason for the denial;
(2) Specific references to pertinent Plan provisions on which the
Retirement Committee based its denial;
(3) A description of any additional material and information needed for the
Claimant to perfect his claim and an explanation of why the material or
information is needed; and
(4) That any appeal the Claimant wishes to make of the adverse determination
must be in writing to the Retirement Committee within 75 days after receipt
of the Plan Administrator's notice of denial of benefits. The Plan
Administrator's notice must further advise the Claimant that his failure to
appeal the action to the Retirement Committee in writing within the 75-day
period will render the Retirement Committee's determination final, binding
and conclusive.
(b) Appeal. If the Claimant should appeal to the Retirement Committee, he, or his duly
authorized representative, may submit, in writing, whatever issues and comments he,
or his duly authorized representative, feels are pertinent. The Claimant, or his duly
authorized representative, may review pertinent Plan documents. The Retirement
Committee will re-examine all facts related to the appeal and make a final
determination as to whether the denial of benefits is justified under the circumstances.
The Retirement Committee must advise the Claimant of its decision within 60 days
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of the Claimant's written request for review, unless special circumstances (such as a
hearing) would make the rendering of a decision within the 60-day limit unfeasible,
but in no event may the Retirement Committee render a decision respecting a denial
for a claim for benefits later than 120 days after its receipt of a request for review.
Article 12 Distribution of benefits.
12.01 This Plan shall pay all benefits in accordance with a good faith interpretation of the
requirements of Code Section 401(a)(9) and the regulations promulgated thereunder, as
applicable to a governmental plan as defined in Code Section 414(d). Notwithstanding any
other provision of this Plan to the contrary, a form of retirement income payable from this
Plan shall satisfy the following conditions:
(a) If the retirement income is payable before the Member's death,
(1) It shall either be distributed or commence to the Member not later than April
1 of the calendar year following the later of the calendar year in which the
Member attains age seventy and one-half (701/2), or the calendar year in
which the Member retires; and,
(2) the benefit shall be paid over the life of the Member or over the lifetimes of
the Member and designated beneficiary and shall be paid over the period
extending not beyond the life expectancy of the Member and designated
beneficiary
Where benefit payments have commenced in accordance with the preceding paragraphs and
the Member dies before his entire interest in the Plan has been distributed, the remaining
portion of such interest in the Plan shall be distributed no less rapidly than under the form of
distribution in effect at the time of the Member's death.
(b) If the Member dies before distributions begin, the Member's entire interest will be
distributed, or begin to be distributed, no later than as follows:
(1) If the Member's surviving spouse is the Member'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 Member
died, or by December 31 of the calendar year in which the Member would have
attained age 701/2, if later.
(2) If the Member's surviving spouse is not the Member'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 Member died.
(3) If there is no designated beneficiary as of September 30 of the year following
the year of the Member's death, the Member's entire interest will be
distributed by December 31 of the calendar year containing the fifth
anniversary of the Member's death.
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(4) If the Member's surviving spouse is the Member's sole designated beneficiary
and the surviving spouse dies after the Member but before distributions to the
surviving spouse are required to begin, this subsection (b), other than
subsection (b)(1)), will apply as if the surviving spouse were the Member. For
purposes of this Section, unless subsection (b)(4) applies, distributions are
considered to begin on the Member's required beginning date. If subsection
(b)(4) applies, distributions are considered to begin on the date distributions
are required to begin to the surviving spouse under subsection (b)(4). If
distributions under an annuity meeting the requirements of this article
commence to the Member before the Member's required beginning date (or to
the Member's surviving spouse before the date distributions are required to
begin to the surviving spouse under subsection (b)(1), the date distributions
are considered to begin is the date distributions actually commence.
Article 13 Retirement Committee, Duties
13.01 Members' Expenses. The Employer must appoint a Retirement Committee to administer
the Plan and serve as Trustee, the members of which may or may not be Members in the
Plan, or which may be the Plan Administrator acting alone. In the absence of a Retirement
Committee appointment, the Plan Administrator assumes the powers, duties and
responsibilities of the Retirement Committee. The members of the Retirement Committee
will serve without compensation for services as such, but the Employer will pay reasonable
expenses of the Retirement Committee, except to the extent the Trust properly pays the
expenses.
13.02 Term. Each member of the Retirement Committee serves until the appointment of his
successor.
13.03 Powers. In case of a vacancy in the membership of the Retirement Committee, the
remaining members of the Retirement Committee may exercise any and all of the powers,
authority, duties and discretion conferred upon the Retirement Committee pending the
filling of the vacancy.
13.04 Powers and duties. The Retirement Committee shall meet on not less than a quarterly
basis at such times as are convenient to a majority of Retirement Committee members. The
Retirement Committee shall review financial and investment reports on the Fund, evaluate
the performance of investment managers, and make decisions concerning the Fund's
investment strategy, investment policy, investment managers, advisors and consultants.
The Retirement Committee has the following powers and duties:
(a) To select a Secretary, who need not be a member of the Retirement Committee;
(b) To determine the rights of eligibility of an Employee to participate in the Plan, the
value of a Member's Accrued Benefit and the Nonforfeitable percentage of each
Member's Accrued Benefit;
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(c) To adopt rules of procedure and regulations necessary for the proper and efficient
administration of the Plan provided the rules are not inconsistent with the terms of
this Agreement;
(d) To construe and enforce the terms of the Plan and the rules and regulations it adopts
including interpretation of the Plan documents and documents related to the Plan's
operation and the discretion to make factual determinations necessary to the proper
administration of the Plan;
(e) To direct the crediting and distribution of the Trust;
(f) To review and render decisions respecting a claim for (or denial of a claim for) a
benefit under the Plan;
(g) To furnish the Employer with information which the Employer may require for tax
or other purposes;
(h) To engage the service of agents whom it may deem advisable to assist it with the
performance of its duties;
(i) To engage the services of an Investment Manager or Managers, each of whom will
have full power and authority to manage, acquire or dispose of any Plan asset under
its control;
(j) To establish and maintain a funding standard account and to make credits and
charges to the account to the extent required by and in accordance with the
provisions of the applicable law.
The Retirement Committee will exercise all of its powers, duties and discretion under the
Plan in a uniform and nondiscriminatory manner.
13.05 Funding Policy. The Retirement Committee will review, not less often than annually, all
pertinent Employee information and Plan data in order to establish the funding policy of the
Plan and to determine the appropriate methods of carrying out the Plan's objectives. The
Retirement Committee must communicate periodically, as it deems appropriate, to the
Trustee and to any Plan Investment Manager the Plan's short-term and long-term financial
needs so investment policy can be coordinated with Plan financial requirements.
13.06 Manner of Action. The decision of a majority of the members appointed and qualified
controls.
13.07 Authorized Representative. The Retirement Committee may authorize any one of its
members, or its Secretary, to sign on its behalf any notices, directions, applications,
certificates, consents, approvals, waivers, letters or other documents. The Retirement
Committee must evidence this authority by an instrument signed by all members.
13.08 Interested Member. No member of the Retirement Committee may decide or determine
any matter concerning the distribution, nature or method of settlement of his own benefits
under the Plan, except in exercising an election available to that member in his capacity as
a Plan Member, unless the Plan Administrator is acting alone in the capacity of the
Retirement Committee.
13.09 Member Records. The Retirement Committee will keep such records and will prepare such
reports concerning Members' Accrued Benefits as applicable law and the Code require.
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Upon a Member's written request, the Retirement Committee will furnish, or will direct the
Plan Administrator to furnish, the Member such information.
13.10 Unclaimed Accrued Benefit - Procedure. At the time the Member's or Beneficiary's benefit
becomes distributable under the Plan, the Retirement Committee, by certified or registered
mail addressed to his last known address of record with the Retirement Committee or the
Employer, must notify any Member, or Beneficiary, that he is entitled to a distribution under
this Plan. If the Member, or Beneficiary, fails to claim his distributive share or make his
whereabouts known to the Retirement Committee within 6 months from the date of mailing
of the notice, the Member's or Beneficiary's unclaimed payable Accrued Benefit will be
distributed in accordance with state and federal law.
13.11 Fees and Expenses From Fund. All fees and expenses reasonably incurred by the Plan, to
the extent such fees and expenses are for the ordinary and necessary administration and
operation of the Plan, may be paid from the Trust Fund, unless paid by the Employer.
13.12 Professional Agents. The Plan may employ and pay from the Trust Fund reasonable
compensation to agents, attorneys, accountants and other persons to advise the Trustee as
in its opinion may be necessary. The Trustee may delegate to any agent, attorney,
accountant or other person selected by it any non Trustee power or duty vested in it by the
Plan, and the Trustee may act or refrain from acting on the advice or opinion of any agent,
attorney, accountant or other person so selected.
Article 14 Investments
14.01 The Retirement Committee as Trustee shall be responsible for the investment of any assets
in the Fund not needed for the fund's current obligations, and may invest such assets in
accordance with a written investment policy adopted by the Retirement Committee.
Retirement Committee members and other fiduciaries of the Plan must discharge their
duties with respect to the Plan solely in the interest of the Plan Members and their
beneficiaries and for the exclusive purpose of: (i) providing benefits to Members and their
beneficiaries; and (ii) defraying reasonable expenses of administering the Plan; with the
care, skill, prudence, and diligence under the circumstances then prevailing that a prudent
person acting in a like capacity and familiar with such matters would use in the conduct of
an enterprise of a like character and with like aims; by diversifying the investments of the
Plan so as to minimize the risk of large losses, unless under the circumstances it is clearly
prudent not to do so.
14.02 The Trustee is authorized and empowered, but not by way of limitation, with the following
powers, rights and duties:
(a) To invest any part or all of the Trust Fund in any common or preferred stocks, open end
or closed end mutual funds (including mutual funds for which the Trustee or its affiliate
serves as an investment advisor, sponsor, distributor, custodian, transfer agent,
administrator, registrar in any other capacity), put and call options traded on a national
exchange, United States retirement plan bonds, corporate bonds, debentures,
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convertible debentures, commercial paper, U.S. Treasury bills, U.S. Treasury notes and
other direct or indirect obligations of the United States Government or its agencies,
improved or unimproved real estate situated in the United States, limited partnerships,
insurance contracts of any type, mortgages, notes or other property of any kind, real or
personal, to buy or sell options on common stock on a nationally recognized exchange
with or without holding the underlying common stock, to buy and sell commodities,
commodity options and contracts for the future delivery of commodities, and to make
any other investments the Trustee deems appropriate, as a prudent man would do under
like circumstances with due regard for the purposes of this Plan. Any investment made
or retained by the Trustee in good faith is proper but must be of a kind constituting a
diversification considered by law suitable for trust investments.
(b) To retain in cash so much of the Trust Fund as it may deem advisable to satisfy
liquidity needs of the Plan and to deposit any cash held in the Trust Fund in a bank
account at reasonable interest.
(c) To invest, if the Trustee is a bank or similar financial institution supervised by the
United States or by a State, in any type of deposit of the Trustee (or of a bank related
to the Trustee within the meaning of Code §414(b)) at a reasonable rate of interest or
in a common trust fund, as described in Code §584, or collective investment fund, the
provisions of which govern the investment of such assets and which the Plan
incorporates by this reference which the Trustee (or its affiliate, as defined in Code
§1504) maintains exclusively for the collective investment of money contributed by
the bank (or the affiliate) in its capacity as trustee and which conforms to the rules of
the Comptroller of the Currency.
(d) To manage, sell, contract to sell, grant options to purchase, convey, exchange, transfer,
abandon, improve, repair, insure, lease for any term even though commencing in the
future or extending beyond the term of the Trust, and otherwise deal with all property,
real or personal, in such manner, for such considerations and on such terms and
conditions as the Trustee decides.
(e) To have with respect to the Trust all of the rights of an individual owner, including the
power to give proxies, to participate in any voting trusts, mergers, consolidations or
liquidations, and to exercise or sell stock subscriptions or conversion rights.
(f) To perform any and all other acts in its judgment necessary or appropriate for the
proper and advantageous management, investment and distribution of the Trust.
(g) To begin, maintain or defend any litigation necessary in connection with the
administration of the Plan, except that the Trustee is not obliged or required to do
so unless indemnified to its satisfaction.
14.03 Investment Policy. The Retirement Committee shall adopt and periodically update a written
investment policy in accordance with Section 112.661, Florida Statutes, as such statute may
be amended in the future. Within the limitations of the foregoing standards and investment
policy, the Board is authorized to acquire and retain in the fund every kind of investment
specifically including, but not limited to stocks, bonds, securities, debentures, real estate,
mutual funds, trusts and other obligations which persons of prudence, discretion and
intelligence acquire or retain for their own account.
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Article 15 Miscellaneous
15.01 Nonassignability. Benefits under this Plan shall not be subject to execution, garnishment,
attachment, or any other process of any court with respect to a payee under the Plan, except
for qualified domestic relations orders issued by a court of competent jurisdiction pursuant
to section 222.21, Florida Statutes, or an income deduction order as provided in section
61.1301, Florida Statutes.
15.02 Plan Amendments. This Plan may be amended at any time by the City; provided that no
amendment shall reduce the accrued benefit of any Member at the time of the amendment.
Amendments shall apply prospectively, unless the amendment expressly provides for
retroactive application. A Member who separates from City employment shall be entitled
to those benefits in effect at the time of separation, unless a subsequent amendment
expressly provides otherwise.
15.03 Repeal or termination of the Plan The City has the right, at any time, to suspend or
discontinue its contributions under the Plan, and to terminate this Plan; provided, upon full
or partial termination of the Plan, an affected Member's right to his or her accrued benefit is
100% nonforfeitable, irrespective of the nonforfeitable percentage which otherwise would
apply under this Plan. If this ordinance shall be repealed, or if contributions to the Plan are
discontinued or if there is a transfer, merger or consolidation of government units, services
or functions as provided in Chapter 121, Florida Statutes, the Retirement Committee shall
continue to administer the Plan in accordance with the provisions of this ordinance, for the
sole benefit of the then Members, any Beneficiaries then receiving retirement allowances,
and any future persons entitled to receive benefits under one of the options provided for in
this ordinance who are designated by any of said Members. In the event of repeal,
discontinuance of contributions, or transfer, merger or consolidation of government units,
services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal,
and the assets of the Plan shall be allocated in an equitable manner to provide benefits on a
proportionate basis to the persons so entitled as set forth herein. The following shall be the
order of priority for purposes of allocating the assets of the Plan as of the date of repeal of
this ordinance, or if contributions to the Plan are discontinued with the date of such
discontinuation being determined by the Board.
(a) Apportionment shall first be made in respect of each Retiree who is receiving a
benefit from the Plan on such date, each person receiving a benefit on such date on
account of a retired or 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 the asset value of the Plan
is 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.
(b) If there be any asset value remaining after the apportionment under subsection (a),
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
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subsection (a), in the amount required to provide the Actuarial Equivalent of the
vested portion of the accrued benefit, based on the Member's 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 benefit; provided that, if the asset value of the Plan is 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.
(c) If there be any asset value after the apportionments under subsections (a) and (b),
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 subsection (a) or (b), in an
amount equal to Member's accrued benefit; provided that, if the asset value of the Plan
is 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.
(d) If there be any asset value remaining after the apportionments under subsection (a),
(b), and (c), apportionment shall lastly be made in respect of each Member included
in subsection (3) to the extent of the Actuarial Equivalent of the non-vested portion
of the accrued benefit, less any amount apportioned in subsection (c), based on the
Member's credited service and average final compensation as of such date;
provided that, if the asset value of the Plan is 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.
(e) In the event there is any asset value remaining in the Fund after the full apportionment
specified in subsections (a), (b), (c), and (d), such excess shall be returned to the City.
(f) The allocation of the Fund provided for in this Section 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 Section. 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.
15.04 Prohibited Transaction. The Board may not engage in any transaction prohibited under
Section 503(b) of the Internal Revenue Code.
15.05 Qualification of Plan. It is intended that this plan shall constitute a qualified public pension
plan under the applicable provisions of the Code for a qualified plan under Code Section
401(a) and a governmental plan under Code Section 414(d), as now in effect and as may
be amended from time to time. Any modification or amendment of this Plan may be made
retroactively, if necessary or appropriate to maintain qualification.
15.06 Exclusive Benefit. Except as provided in this Article, no part of any asset in the Trust may
revert to the City. Prior to the satisfaction of all liabilities with respect to the Members and
their Beneficiaries under the Plan, no part of the corpus or income of the Trust Fund, or
any asset of the Trust, may be used for, or diverted to, any purpose other than the exclusive
benefit of the Members or their Beneficiaries.
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Article 16 Direct Transfers of Eligible Rollover Distributions
16.01 General. Notwithstanding any provision of the Plan to the contrary that would otherwise
limit a distributee's election under this Article, a distributee may elect, at the time and in
the manner prescribed by the Committee, to have any portion of an eligible rollover
distribution paid directly to an eligible retirement plan specified by the distribute in a direct
rollover.
16.02 Definitions.
(a) "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 joint 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 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.
(b) "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 separately 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 accepts the distributee's eligible rollover
distribution. This definition shall also apply in the case of an eligible rollover
distribution to the surviving spouse.
(c) "Distributee" includes a Member or former Member. In addition, the Member's or
former Member's surviving spouse is a distributee with regard to the interest of the
spouse. For distributions occurring in plan years beginning after December 31,
2009 (or in any earlier plan year beginning after December 31, 2006), a distributee
also includes the Member's non-spouse designated beneficiary. In the case of a non-
spouse beneficiary, the direct rollover may be made only to a traditional IRA or
Roth IRA that is established on behalf of the designated beneficiary and that will
be treated as an inherited IRA pursuant to the provisions of § 402(c)(11). Also, in
this case, the determination of any required minimum distribution under § 401(a)(9)
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that is ineligible for rollover shall be made in accordance with Notice 2007-7, Q&A
17 and 18, 2007-5 I.R.B. 395.
(d) "Direct rollover" is a payment by the Plan to the eligible retirement plan specified
by the distributee.
16.03 Rollovers or Transfers into the Fund. The fund will accept Member rollover cash
contributions and/or direct rollovers of distributions for the purchase of permissive service
credit under the Plan, as follows:
(a) 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 by a state, political subdivision of a state, or any agency or
instrumentality of a state or political subdivision of a state.
(b) Member Rollover Contributions from 401(a) Plans and IRAs. 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 gross income.
(c) The Plan may accept direct transfers from a qualified plan on behalf of an Employee
prior to the date the Employee satisfies the Plan's eligibility requirements. If the Plan
accepts such a direct transfer, the Employee will be treated as a Member for all
purposes of the Plan except the Employee will not accrue benefits until he actually
becomes a Member in the Plan. If the Employee terminates employment with the City
prior to becoming a Member, the transferred assets will be as provided by this Plan.
Article 17 Maximum benefit limits.
17.01 Basic Limitation. Notwithstanding any other provisions of this plan to the contrary, the
Member contributions paid to, and retirement benefits paid from, the plan shall be limited to
such extent as may be necessary to conform to the requirements of Code Section 415 for a
qualified retirement plan. Before January 1, 1995, a plan Member may not receive an annual
benefit that exceeds the limits specified in Code Section 415(b), subject to the applicable
adjustments in that section. On and after January 1, 1995, a plan Member may not receive an
annual benefit that exceeds the dollar amount specified in Code Section 415(b)(1)(A)
($160,000), subject to the applicable adjustments in Code Section 415(b) and subject to
any additional limits that may be specified in this plan. For purposes of this Article,
"limitation year" shall be the calendar year.
For purposes of Code Section 415(b), the term "annual benefit" means a benefit payable
annually in the form of a straight life annuity without regard to the benefit attributable to
after-tax employee contributions (except pursuant to Code section 415(n)) and to rollover
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contributions (as defined in Code section 415(b)(2)(A)), and with the benefit attributable
determined in accordance with Treasury Regulations located in 26 C.F.R. 1.415(b)-1.
17.02 Adjustments to Basic Limitation for Form of Benefit. If the form of benefit is other than
the annual benefit defined in Section 17.01 the benefit shall be adjusted so that it is the
equivalent of the annual benefit using factors prescribed in Treasury Regulations. If the
form of benefit without regard to any automatic benefit increase feature is not a straight
life annuity or a qualified joint and survivor annuity then the preceding sentence is applied
by either reducing the Code Section 415(b) limit applicable at the annuity starting date or
by adjusting the form of benefit to an actuarially equivalent amount determined using the
assumptions specified in 26 CFR 1.415(b)-1 that takes into account the additional benefits
under the form of benefit as follows:
(a) Benefit Forms Not Subject to § 417(e)(3): The straight life annuity that is actuarially
equivalent to the Member's form of benefit shall be determined under this subsection
if the form of a Member's benefit is either a non-decreasing annuity (other than a
straight life annuity) payable for a period of not less than the life of the Employee (or
in the case of a qualified pre-retirement survivor annuity, the life of the surviving
spouse), or an annuity that decreases during the life of the Member merely because
of (a) the death of the survivor annuitant (but only if the reduction is not below 50%
of the benefit payable before the death of the survivor annuitant), or (b) the cessation
or reduction of Social Security supplements or qualified disability payments (as
defined in Code Section 401(a)(11). For a benefit paid in a form described in this
subsection, the actuarially equivalent straight life annuity is equal to the greater of:
(1) The annual amount of the straight life annuity (if any) payable to the
Member under the plan commencing at the same annuity starting date as the
Member's form of benefit, or
(2) the annual amount of the straight life annuity commencing at the same
annuity starting date that has the same actuarial present value as the
Member's form of benefit, computed using a 5 percent interest rate
assumption and the applicable mortality tables described in Code Section
417(e)(3)(B) (Notice 2008-85 or any subsequent Internal Revenue Service
guidance implementing Code Section 417(e)(3)(B); or
(b) Benefit Forms Subject to § 417(e)(3): If a form of Member's benefit is other than a
benefit form described in Section 17.02(a), the actuarially equivalent straight life
annuity benefit that is the greatest of:
(1) The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular form
of benefit payable, computed using the interest rate and mortality table, or
tabular factor, specified in the plan for actuarial experience;
(2) The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular form of
benefit payable computed using a five and one-half percent interest assumption
for the applicable statutory interest assumption and (i) for years prior to January
1, 2009 the applicable mortality tables for the distribution under 26 CFR
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1.417(e)-1(d)(2) (Revenue Ruling 2001-62 or any subsequent Revenue Ruling
modifying the applicable provisions of Revenue Ruling 2001-62) and (ii) for
years after December 31, 2008 the applicable mortality tables described in
Code Section 417(e)(3)(B) (Notice 2008-85 or any subsequent Internal
Revenue Service guidance implementing Code Section 417(e)(3)(B); or
(3) The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular form
of benefit payable computed using the applicable interest rate for the
distribution under 26 CFR 1.417(e)-1(d)(3) the 30-year Treasury rate prior
to January 1, 2007 using the rate in effect for the month prior to retirement
and on and after January 1, 2007 using the rate in effect for the first day of
the plan year with a one-year stabilization period and (i) for years prior to
January 1, 2009 the applicable mortality tables for the distribution under 26
CFR 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling
2001-62 or any subsequent Revenue Ruling modifying the applicable
provisions of Revenue Ruling 200162) and (ii) for years after December 31,
2008 the applicable mortality tables described in Code Section 417(e)(3)(B)
(Notice 200885 or any subsequent Internal Revenue Service guidance
implementing Code Section 417(e)(3)(B)), divided by 1.05.
(c) The actuary may adjust the 415(b) limit at that annuity starting date in accordance
with paragraphs (1) and (2) above.
17.03 Benefits Not Taken into Account. For purposes of this Article, the following benefits
shall not be taken into account in applying these limits:
(a) Any ancillary benefit which is not directly related to retirement income benefits;
(b) Survivor benefits payable to a surviving spouse under a qualified joint and survivor
annuity to the extent such benefits would not be payable if the Member's benefit
were paid in another form.
(c) Any other benefit not required under §415(b)(2) of the Code and Regulations
thereunder to be taken into account for purposes of the limitation of Code Section
415(b)(1);
17.04 COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits
under Code Section 415(b) (the "Limit"), the following will apply:
(a) A Member's applicable limit will be applied to the Member's annual benefit in the
Member's first limitation year of benefit payments without regard to any automatic
cost of living adjustments;
(b) thereafter, in any subsequent limitation year, a Member's annual benefit, including
any automatic cost of living increases, shall be tested under the then applicable
benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit
under Code Section 415(d), and the regulations thereunder; but
(c) in no event shall a Member's benefit payable under the plan in any limitation year
be greater than the limit applicable at the annuity starting date, as increased in
subsequent years pursuant to Code Section 415(d) and the regulations thereunder.
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Unless otherwise specified in the plan, for purposes of applying the limits under Code
Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living
increases as required by Section 415(b) of the Code and applicable Treasury Regulations.
17.05 Other Adjustments in Limitations.
(a) In the event the Member's retirement benefits become payable before age sixty-two
(62), the limit prescribed by this Article shall be reduced in accordance with
regulations issued by the Secretary of the Treasury pursuant to the provisions of
Code Section 415(b) of the Code, so that such limit (as so reduced) equals an annual
straight life benefit (when such retirement income benefit begins) which is
equivalent to an annual benefit in the amount of the applicable dollar limitation of
Section 415(b)(1)(A) of the Internal Revenue Code (as adjusted pursuant to Section
415(d) of the Internal Revenue Code) beginning at age sixty-two (62).
(b) In the event the Member's benefit is based on at least fifteen (15) years of credited
service as a full-time police officer or firefighter, the adjustments provided for in
(D)(1) above shall not apply.
(c) The reductions provided for in (D)(1) above shall not be applicable to disability
benefits or pre-retirement death benefits.
(d) In the event the Member's retirement benefit becomes payable after age sixty-five
(65), for purposes of determining whether this benefit meets the limit set forth in
subsection (b) herein, such benefit shall be adjusted so that it is actuarially
equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be
made in accordance with regulations promulgated by the Secretary of the Treasury
or his delegate.
17.06 Less than Ten (10) Years of Service. The maximum retirement benefits payable under this
Article to any Member who has completed less than ten (10) years of credited service shall be
the amount determined under Section 17.01 multiplied by a fraction, the numerator of which
is the number of the Member's years of credited service and the denominator of which is ten
(10). The reduction provided by this Article cannot reduce the maximum benefit below 10%
of the limit determined without regard to this subsection. The reduction provided for in this
Article shall not be applicable to pre-retirement disability benefits or pre-retirement death
benefits.
17.07 Participation in Other Defined Benefit Plans. The limit of this Article with respect to any
Member who at any time has been a Member in any other defined benefit plan as defined
in Code Section 414(j) maintained by the employer shall apply as if the total benefits
payable under all employer defined benefit plans in which the Member has been a Member
were payable from one plan.
17.08 Ten Thousand Dollar ($10,000) Limit. Notwithstanding anything in this Article to the
contrary, the retirement benefit payable with respect to a Member shall be deemed not to
exceed the limit set forth in this Article if the benefits payable, with respect to such Member
under this plan and under all other qualified defined benefit pension plans to which the
employer contributes, do not exceed ten thousand dollars ($10,000) for the applicable
limitation year and for any prior limitation year and the employer has not at any time
maintained a qualified defined contribution plan in which the Member participated; provided,
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however, that if the Member has completed less than ten years of credited service, the limit
under this subsection shall be a reduced limit equal to ten thousand dollars ($10,000)
multiplied by a fraction, the numerator of which is the number of the Member's years of
credited service and the denominator of which is ten.
17.09 Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required,
shall be accomplished by first reducing the Member's benefit under any defined benefit plans
in which Member participated, such reduction to be made first with respect to the plan in which
Member most recently accrued benefits and thereafter in such priority as shall be determined
by the board and the plan administrator of such other plans, and next, by reducing or allocating
excess forfeitures to defined contribution plans in which the Member participated, such
reduction to be made first with respect to the plan in which the Member most recently accrued
benefits and thereafter in such priority as shall be established by the board and the plan
administrator for such other plans provided, however, that necessary reductions may be made
in a different manner and priority pursuant to the agreement of the board and the plan
administrator of all other plans covering such Member.
17.10 Service Credit Purchase Limits.
(a) Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, if a Member makes one or more contributions
to purchase permissive service credit under the plan, then the requirements of this
Article will be treated as met only if:
(1) the requirements of Code Section 415(b) are met, determined by treating
the accrued benefit derived from all such contributions as an annual benefit
for purposes of Code Section 415(b), or
(2) the requirements of Code Section 415(c) are met, determined by treating all
such contributions as annual additions for purposes of Code Section 415(c).
(3) For purposes of applying subparagraph (a)(2) the plan will not fail to meet
the reduced limit under Code section 415(b)(2)(C) solely by reason of this
subparagraph, and for purposes of applying subparagraph (a)(2). the plan
will not fail to meet the percentage limitation under Section 415(c)(1)(B) of
the Code solely by reason of this subparagraph (3).
(b) For purposes of this Section the term "permissive service credit" means service
credit-
(1) recognized by the plan for purposes of calculating a Member's benefit under
the plan.
(2) which such Member has not received under the plan, and
(3) (3) which such Member may receive only by making a voluntary additional
contribution, in an amount determined under the plan, which does not
exceed the amount necessary to fund the benefit attributable to such service
credit.
Effective for permissive service credit contributions made in limitation years beginning after
December 31, 1997, such term may, if otherwise provided by the plan, include service credit
for periods for which there is no performance of service, and, notwithstanding subsection
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(b)(2), may include service credited in order to provide an increased benefit for service credit
which a Member is receiving under the plan.
(c) For purposes of applying the limits in this Section 17.10 only and for no other
purpose, the definition of compensation where applicable will be compensation
actually paid or made available during a limitation year, except as noted below and
as permitted by Treasury Regulations located in 26 CFR 1.415(c)-2, or successor
regulations. Unless another definition of compensation that is permitted by Treasury
Regulations Section 1.415(c)-2, or successor regulation, is specified by the plan,
compensation will be defined as wages within the meaning of Code Section 3401(a)
and all other payments of compensation to a member by a employer for which the
employer is required to furnish the member a written statement under Code Sections
6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules
under Code Section 3401(a) that limit the remuneration included in wages based on
the nature or location of the employment or the services performed (such as the
exception for agricultural labor in Code Section 3401(a)(2).
(1) However, for limitation years beginning after December 31, 1997,
compensation will also include amounts that would otherwise be included
in compensation but for an election under Code Sections 125(a), 402(e)(3),
402(h)(1)(B), 402(k), or 457(b). For limitation years beginning after
December 31, 2000, compensation will also include any elective amounts
that are not includible in the gross income of the member by reason of Code
Section 132(f)(4).
(2) For limitation years beginning on and after January 1, 2007, compensation
for the limitation year will also include compensation paid by the later of
21/2 months after an member's severance from employment or the end of the
limitation year that includes the date of the member's severance from
employment if:
a. the payment is regular compensation for services during the member's
regular working hours, or compensation for services outside the
member's regular working hours (such as overtime or shift
differential), commissions, bonuses or other similar payments, and,
absent a severance from employment, the payments would have been
paid to the member had the member continued in employment with
the employer; or
b. the payment is for unused accrued bona fide sick, vacation or other
leave that the member would have been able to use if employment had
continued.
(3) Back pay, within the meaning of Treasury Regulations Section 1.415(c) -
2(g)(8), shall be treated as compensation for the limitation year to which the
back pay relates to the extent the back pay represents wages and
compensation that would otherwise be included under this definition.
(d) Notwithstanding any other provision of law to the contrary, the Board may modify
a request by a Member to make a contribution to the plan if the amount of the
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contribution would exceed the limits provided in Code Section 415 by using the
following methods:
(1) If the law requires a lump sum payment for the purchase of service credit,
the Board may establish a periodic payment deduction plan for the Member
to avoid a contribution in excess of the limits under Code Sections 415(c)
or 415(n).
(2) If payment pursuant to subparagraph (d)(1) will not avoid a contribution in
excess of the limits imposed by Code Section 415(c), the Board may either
reduce the Member's contribution to an amount within the limits of that
section or refuse the Member's contribution
(e) If the annual additions for any Member for a plan year exceed the limitation under
Code Section 415(c), the excess annual addition will be corrected as permitted
under the Member Plans Compliance Resolution System (or similar IRS correction
program).
(f) For limitation years beginning on or after January 1, 2009, a Member's
compensation for purposes of this subsection shall not exceed the annual limit
under Code Section 401(a)(17).
17.11 Additional Limitation on Pension Benefits. Notwithstanding anything herein to the
contrary:
(a) The normal retirement benefit or pension payable to a retiree who becomes a Member
of the Plan and who has not previously participated in such Plan, on or after January 1,
1980, shall not exceed one hundred percent (100%) of average final compensation.
However, nothing contained in this Article shall apply to supplemental retirement
benefits or to pension increases attributable to cost-of-living increases or adjustments.
(b) No Member shall be allowed to receive a retirement benefit or pension which is in
part or in whole based upon any service with respect to which the Member is
already receiving, or will receive in the future, a retirement benefit or pension from
a different employer's retirement system or plan. This restriction does not apply to
social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code.
Article 18 Deferred retirement option plan (DROP).
18.01 Definitions. As used in Article 18, the following definitions apply:
(a) DROP: The City of Winter Springs Defined Benefit Plan Deferred Retirement
Option Plan.
(b) DROP account: The account established for each DROP participant under sec.
18.03.
18.02 Participation.
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(a) Eligibility to participate. In lieu of terminating employment with the City, any
member who is eligible for normal retirement or unreduced early retirement (age
55 with 15 years of credited service) may elect to defer receipt of retirement benefit
payments and participate in the DROP as provided herein.
(b) Election to participate. An election to participate in the DROP by an eligible
member shall be made in writing, on a form provided by the board. The signed and
notarized election form shall be submitted to the board and the City for
confirmation of eligibility, and shall be effective on the first day of the first calendar
month which is at least fifteen (15) business days after the written election is
approved.
(c) Period of participation. A member who elects to participate in the DROP under
subsection (b) above, shall participate in the DROP for a period not to exceed thirty-
six (36) months beginning at the time his or her election to participate in the DROP
first becomes effective. An election to participate in the DROP shall constitute an
irrevocable election to separate from the service of the City not later than a date
thirty-six (36) months following the member’s commencement of DROP. A
member may participate in the DROP only once.
(d) Termination of participation.
(1) A member's participation in the DROP shall cease at the earlier of:
a. The end of his or her permissible period of participation in the
DROP as determined under subsection 18.02(c); or
b. Termination of employment with the City.
(2) Upon a member's termination of participation in the DROP, pursuant to
subsection (d)(1) above, all amounts provided for in subsection 18.03(b),
including monthly benefits and investment earnings, 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 in accordance with the
provisions of sec. 18.04, following separation from employment with the
City.
(3) A member who terminates his or her participation in the DROP under this
subsection 18.02(d) shall not be permitted to again become a participant in
the DROP.
(e) Effect of DROP participation on the system.
(1) 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. The member shall not accrue any additional
credited service or any additional benefits under the system while he or she
is a participant in the DROP. After commencing participation, a member
shall not be permitted to again contribute to the system nor be eligible for
disability or pre-retirement death benefits.
(1) 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
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member's participation in the DROP is terminated other than by terminating
employment, no amounts shall be paid to such member from the system
until he or she terminates employment.
18.03 Funding.
(a) Establishment of DROP account. A DROP account shall be established for each
member participating in the DROP. A member's DROP account shall consist of
amounts transferred to the DROP under subsection (b) below, and interest accruing
on those amounts.
(b) Transfers from retirement system.
(1) As of the first day of each month of a member's period of participation in
the DROP, the monthly retirement benefit the member would have received
had he or she terminated employment and elected to receive monthly benefit
payments shall be transferred to his or her DROP account, except as
otherwise provided for herein. A member's period of participation in the
DROP shall be determined in accordance with the provisions of subsections
18.02(c) and 18.02(d), but in no event shall it continue past the date he or
she terminates employment.
(2) Except as otherwise provided in subsection 18.02(d)(2), a member's DROP
account under this subsection (b) shall be debited or credited with interest
at a fixed annual rate of four percent (4%) while participating in DROP.
(3). 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 separation from
employment with the City shall be the value of the account at the end of the
quarter immediately preceding termination of participation in DROP plus
any monthly benefits and interest payments made to the DROP account
subsequent to the end of the previous quarter and prior to distribution. If a
member fails to terminate employment after participating in the DROP for
the permissible period of DROP participation, then beginning with the
member's first month of employment following the last month of the
permissible period of DROP participation, the member's DROP account
will no longer be credited with 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. A member employed by the City after the permissible period of DROP
participation will still not be eligible for pre-retirement death benefits or
disability benefits and will not accrue additional credited service under this
Plan. A member’s DROP account shall not earn interest after the member’s
termination of employment.
18.04 Distribution of DROP accounts on termination of employment.
(a) Eligibility for benefits. A member shall receive the balance in his or her DROP
account in accordance with the provisions of this sec. 18.04 upon termination of
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employment with the City. No amounts shall be paid to a member from the DROP
prior to his or her termination of employment.
(b) Form of distribution.
(1) Unless the member elects otherwise, distribution of his or her DROP
account shall be made in a lump sum, subject to the direct rollover
provisions set forth in subsection (f) below. Elections under this subsection
shall be in writing and shall be made in such time or manner as the board
shall determine.
(2) Notwithstanding the preceding, if a member dies before his or her benefit is
paid, the member's DROP account shall be paid to his or her beneficiary in
such optional form as the beneficiary may select. If no beneficiary
designation is made, the DROP account shall be distributed to the member's
estate.
(c) Date of payment of distribution. Except as otherwise provided in this sec. 18.04,
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.
(d) 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.
(e) Distribution limitation. Notwithstanding any other provision of this sec. 18.04, all
distributions from the DROP shall conform to the "minimum distribution of
benefits" provisions as provided for herein.
(f) Direct rollover of certain distributions. Notwithstanding any provision of the
DROP to the contrary, a distributee may elect to have any portion of an eligible
rollover distribution paid in a direct rollover as otherwise provided under the Plan.
18.05 Administration of DROP.
(a) Board administers the DROP. The general administration of the DROP, the
responsibility for carrying out the provisions of the DROP and the responsibility of
overseeing the investment of the DROP's assets shall be placed in the board.
(b) 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 file with the appropriate
governmental agencies, as the case may be, all necessary descriptions, reports,
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information returns, and data required to be distributed or filed for the DROP
pursuant to the Code and any other applicable laws.
(c) Establishment of rules. Subject to the limitations of the DROP, the board from time
to time shall establish rules for the administration of the DROP.
18.06 General provisions.
(a) The DROP is not a separate retirement plan. Instead, it is a program under which
an eligible member may elect to accrue future retirement benefits in the manner
provided in this Article for the remainder of his or her employment, rather than 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 or her DROP account
balance or may elect a rollover. The DROP account distribution is in addition to
the member's monthly benefit.
(b) Notional accounts. The DROP accounts established for such members are notional
accounts, used only for the purpose of calculation of DROP distribution amounts.
They are not separately held individual “accounts” in the system. There is no
change in the system's assets, and there is no distribution available to a member
until the member's termination from the DROP and separation from employment.
Members have no control over the investment of their DROP account.
(c) IRC limit. A DROP account distribution, along with other benefits payable from
the Plan, is subject to applicable limitations under Internal Revenue Code Section
415(b).
(d) Amendment of DROP. The DROP may be amended by a resolution of the City at
any time and from time to time, and retroactively if deemed necessary or
appropriate, to amend in whole or in part any or all of the provisions of the DROP.
However, except as otherwise provided by law, no amendment shall make it
possible for any part of the DROP's funds to be used for, or diverted to, purposes
other than for the exclusive benefit of persons entitled to benefits under the DROP.
No amendment shall be made which has the effect of decreasing the existing
balance of the DROP account of any member.
(f) Facility of payment. If a member or other person entitled to a benefit under the
DROP is unable to care for his or her affairs because of illness or accident or is a
minor, the board shall direct that any benefit due him shall be made only to a duly
appointed legal representative. Any payment so made shall be a complete discharge
of the liabilities of the DROP for that benefit.
(g) Information. Each member, beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his or her account under the DROP, shall
file with the board the information that it shall require to establish his or her rights
and benefits under the DROP.
(h) Prevention of escheat. If the board cannot ascertain the whereabouts of any person
to whom a payment is due under the DROP, the board may, no earlier than three
(3) years from the date such payment is due, mail a notice of such due and owing
payment to the last known address of such person, as shown on the records of the
board or the city. If such person has not made written claim therefor within three
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(3) months of the date of the mailing, the board may, if it so elects and upon
receiving advice from counsel to the system, direct that such payment and all
remaining payments otherwise due such person be canceled on the records of the
system. Upon such cancellation, the system shall have no further liability therefor
except that, in the event such person or his or her beneficiary later notifies the board
of his or her whereabouts and requests the payment or payments due to him under
the DROP, the amount so applied shall be paid to him in accordance with the
provisions of the DROP. No interest shall accrue to amounts withheld pursuant to
this paragraph.
(i) Written elections, notification.
(1) Any elections, notifications or designations made by a member pursuant to
the provisions of the DROP shall be made in writing and filed with the board
in a time and manner determined by the board under rules uniformly
applicable to all employees similarly situated. The board reserves the right
to change from time to time the manner for making notifications, elections
or designations by members under the DROP if it determines after due
deliberation that such action is justified in that it improves the
administration of the DROP.
(2) Each member or retiree who has a DROP account shall be responsible for
furnishing the board with his or her current address and any subsequent
changes in his or her address. Any notice required to be given to a member
or retiree hereunder shall be deemed given if directed to the member at the
last such address given to the board and mailed by registered or certified
United States mail. If any check mailed by registered or certified United
States mail to such address is returned, mailing of checks will be suspended
until such time as the member or retiree notifies the board of his or her
address.
(j) Benefits not guaranteed. All benefits payable to a member from the DROP shall be
paid only from the assets of the member's DROP account and neither the City nor
the board shall have any duty or liability to furnish the DROP with any funds,
securities or other assets except to the extent required herein or by applicable law.
(k) Construction.
(1) The DROP shall be construed, regulated and administered under the laws
of Florida, except where other applicable law controls.
(2) The titles and headings of the subsections in this Article 18 are for
convenience only. In the case of ambiguity or inconsistency, the text rather
than the titles or headings shall control.
(l) Forfeiture of retirement benefits. Nothing in this section shall be construed to
remove DROP participants from the application of any forfeiture provisions
applicable to the Plan. DROP participants shall be subject to forfeiture of all
retirement benefits, including DROP benefits, upon conviction of a specified
offense committed during any period of participation in DROP.
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(m) 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.