[Code 2005 § 82-91; Ord. No. 05-15-07-08, § 1, 5-15-2007; Ord. No. 06-19-07-10, § 1, 6-19-2007; 11-15-10-06, § 1, 11-15-2010; Ord. No. 10-20-14-07, § 1, 10-20-2014]
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, 2011, the amended and restated
plan designated "Employee Retirement System of the City of Cushing
and Cushing Municipal Authority, Oklahoma, Defined Benefit 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 2005 § 82-92; Ord. No. 05-15-07-08, § 2, 5-15-2007; Ord. No. 06-19-07-10, § 2, 6-19-2007; 11-15-10-06, § 4, 11-15-2010]
The chairman, Board of Commissioners and City Clerk be and they
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 § s401(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 of Cushing and Cushing Municipal
Authority, Oklahoma, 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.
[Code 2005 § 82-93; Ord. No. 05-15-07-08, § 3, 5-15-2007; Ord. No. 06-19-07-10, § 3, 6-19-2007; 11-15-10-06, § 6, 11-15-2010]
If, regardless of cause, any section, subsection, paragraph,
sentence or clause of this division, including the system as set forth
in Exhibit "A" and Exhibit "B", is held invalid or to be unconstitutional,
the remaining sections, subsections, paragraphs, sentences, or clauses
shall continue in full force and effect and shall be construed thereafter
as being the entire provisions of this division.
[Code 2005 § 82-94; Ord. No. 11-15-10-06, § 2, 11-15-2010]
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 2005 § 82-95; Ord. No. 11-15-10-06, § 3, 11-15-2010]
The City of Cushing and Cushing Municipal Authority, Oklahoma,
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 of Cushing and Cushing Municipal
Authority, Oklahoma, 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 benefit 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.