[Code 1974 §§ 1-88, 1-95.1; Code 2005 § 82-47; Ord. No. 10-19-09-13, § 1, 10-19-2009]
Pursuant to the authority conferred by the laws of the State
of Oklahoma, and for the purpose of encouraging continuity and meritorious
service on the part of City employees and thereby promote public efficiency,
there is hereby authorized created, established, and approved and
adopted, effective as of January 1, 2010, the amended and restated
plan designated "Employee Retirement System of the City of Cushing,
Oklahoma, Defined Contribution Plan," (hereinafter called system),
an executed counterpart of which is marked Exhibit "A" (joinder agreement)
and Exhibit "B" (amended and restated plan) and attached hereto as
part hereof.
[Code 1974 § 1-89; Code 1985 § 2-77;
Code 2005 § 82-48]
For the purpose of administration of the system, there is hereby
established a retirement committee, which shall be the members of
the Board of Commissioners, as now existing or as from time to time
duly elected or appointed and constituted. The powers and duties of
the Board of Commissioners under this division shall be as set forth
in the system instrument attached to Ordinance No. 2-22-00-01 as Exhibit
"A."
[Code 1974 § 1-90; Code 1985 § 2-78;
Code 2005 § 82-49; Ord. No. 10-19-09-13, § 2, 10-19-2009]
A fund is hereby provided for the exclusive use and benefit
of the persons entitled to benefits under the system. All contributions
to such fund shall be paid over to and received in trust for such
purpose by the City. Such fund shall be pooled for purposes of management
and investment with similar funds of other incorporated cities, towns,
and municipal trusts in the state as a part of the state municipal
retirement fund in accordance with the trust agreement of the state
municipal retirement fund, a public trust. The City shall hold such
contributions in the form received, and from time to time pay over
and transfer the same to the state municipal retirement fund, as duly
authorized and directed by the board of trustees. The fund shall be
nonfiscal and shall not be considered in computing any levy when the
annual estimate is made to the county excise board.
[Code 1974 § 1-91; Code 1985 § 2-79;
Code 2005 § 82-50; Ord. No. 10-19-09-13, § 3, 10-19-2009]
The City is hereby authorized to incur the necessary expenses
for the establishment, operation, and administration of the system,
and to appropriate and pay the same. In addition, the City is hereby
authorized to appropriate annually such amounts as are required in
addition to employee contributions to maintain the system and the
fund in accordance with the provisions of the defined contribution
plan. Any appropriation so made to maintain the system and fund shall
be for deferred wages or salaries, and for the payment of necessary
expenses of operation and administration to be transferred to the
trustees of the state municipal retirement fund for such purposes
and shall be paid into the fund when available, to be duly transferred
to the state municipal retirement fund.
[Code 1974 §§ 1-92, 1-93; Code 1985 § 2-80;
Code 2005 § 82-51; Ord. No. 10-19-09-13, § 1, 10-19-2009]
The chairman of the Board of Commissioners and City Clerk be
and are each hereby authorized and directed to execute (in counterparts,
each of which shall constitute an original) the system instrument,
and to do all other acts and things necessary, advisable, and proper
to put said system and related trust into full force and effect, and
to make such changes therein as may be necessary to qualify the same
under §§ 401(a) and 501(a) of the Internal Revenue
Code of the United States. The counterpart attached hereto as Exhibit
"A" and Exhibit "B", which has been duly executed as aforesaid simultaneously
with the passage of this division and made a part hereof, is hereby
ratified and confirmed in all respects.
This committee is hereby authorized and directed to proceed
immediately on behalf of the City to pool and combine the fund into
the state municipal retirement fund as a part thereof, with similar
funds of such other cities and towns, for purposes of pooled management
and investment.