Each participant shall be entitled to a normal retirement benefit
after retirement on or after attainment of normal retirement age.
[Amended 7-12-2005 by Ord. No. 1834; 12-13-2005 by Ord. No. 1839]
A.
Each participant who shall become entitled to a benefit pursuant to § 47-79 shall receive a benefit commencing on the normal retirement date paid monthly in an amount equal to 1.5% of 1/12 of a participant's average annual compensation for each year of credited service up to 25 years. A participant who retires with between 25 and 30 years of credited service shall receive a monthly benefit in an amount equal to 1.8% of 1/12 of participant's average annual compensation for each year of credited service. A participant who retires with over 30 years of credited service shall receive a monthly benefit in an amount equal to 2% of 1/12 of participant's average annual compensation for each year of credited service, not to exceed 40 years of credited service.
B.
No participant hired prior to January 1, 2005, shall be entitled
to a benefit that is less than an amount equal to 1.5% of 1/12 of
the participant's average annual compensation for each year of
credited service, not to exceed 40 years of credited service.
C.
The initial benefit payment shall be in a prorated amount based upon
the number of days from the actual retirement date to the first day
of the month following the date of retirement.
A participant may continue to work beyond the normal retirement date, subject to the employer's rules and regulations regarding retirement age. If a participant who has met the requirements of § 47-79 continues to work beyond the normal retirement date, there shall be no retirement benefits paid until employment ceases and retirement begins. The retirement benefit of a participant who retires after normal retirement date shall be calculated in accordance with § 47-80 on the basis of the average annual compensation and credited service as of such participant's actual date of retirement and shall commence as of the actual date of retirement. The initial benefit payment shall be in a prorated amount based upon the number of days from the actual retirement date to the first day of the month following the date of retirement.
Each participant shall be entitled to an early retirement benefit
after retirement on or after attainment of early retirement age.
[Amended 7-12-2005 by Ord. No. 1834]
A.
Each participant who shall become entitled to a benefit pursuant to § 47-82 shall receive a benefit commencing on the early retirement date paid monthly in an amount calculated in accordance with § 47-80 on the basis of the average annual compensation and credited service as of the actual date of retirement multiplied by the applicable percentage from the following table based upon the number of years prior to attainment of normal retirement age that the payment of an early retirement benefit shall commence:
|
Number of Years
|
Percentage
| |
|---|---|---|
|
0
|
100%
| |
|
1
|
91.6%
| |
|
2
|
84.1%
| |
|
3
|
77.5%
| |
|
4
|
71.5%
| |
|
5
|
66.2%
| |
|
6
|
61.4%
| |
|
7
|
57.1%
| |
|
8
|
53.2%
| |
|
9
|
49.6%
| |
|
10
|
46.4%
|
B.
If the commencement of benefit payments hereunder is not an exact
number of years prior to attainment of normal retirement age, an equitable
interpolation will be made to determine the applicable percentage.
The initial benefit payment shall be in a prorated amount based upon
the number of days from the actual retirement date to the first day
of the month following the date of retirement.
Retirement payments shall be payable as of the participant's
retirement date and the first day of each month thereafter during
the participant's lifetime.
[Amended 7-12-2005 by Ord. No. 1834; 12-13-2005 by Ord. No. 1839]
A participant who shall retire pursuant to an early, normal or late retirement or a deferred vested participant who has elected to receive a vested retirement benefit pursuant to § 47-99 may, upon benefit commencement, elect to receive benefits in the form of a joint and survivor annuity in lieu of the prescribed normal form of benefit payments under the plan. Such joint and survivor annuity option shall be the actuarial equivalent of the prescribed normal form of benefit and shall be payable as a reduced monthly amount to the participant for life and thereafter paid monthly to the spouse of the participant, if then surviving, for the life of the spouse in an amount equal to 50% of the monthly amount paid to the participant.
[Amended 8-10-1999 by Ord. No. 1768; 7-12-2005 by Ord. No. 1834]
Notwithstanding any provision of this plan to the contrary, no benefit provided under this plan attributable to contributions of the employer shall exceed, as an annual amount, the amount specified in Code Section 415(b)(1)(A) as adjusted pursuant to Code Section 415(d), assuming the form of benefit shall be a straight life annuity (with no ancillary benefits). The limitations described in this § 47-86 shall be governed by the following conditions and definitions:
A.
Benefits paid or payable in a form other than a straight life annuity
(with no ancillary benefits) or where the employee contributes to
the plan or makes rollover contributions shall be adjusted on an actuarially
equivalent basis in accordance with applicable regulations to determine
the limitation contained herein;
B.
In the case of a benefit which commences prior to the attainment
of age 62 by the participant, the limitation herein shall be adjusted
on an actuarially equivalent basis to the amount determined pursuant
to this section commencing at age 62; however, in the case of a qualified
participant (a participant with respect to whom a period of at least
15 years of service, including applicable military service, as a full-time
employee of a police or fire department is taken into account in determining
the amount of benefit), the limitation contained herein shall not
apply;
C.
In the case of a benefit which commences after attainment of age
65 by the participant, the limitation herein shall be adjusted on
an actuarially equivalent basis in accordance with applicable regulations
to the amount determined commencing at age 65;
D.
Benefits paid to a participant which total less than $10,000 from all defined benefit plans maintained by the employer expressed as an annual benefit shall be deemed not to exceed the limitation of this section, provided that the employer has not at any time maintained a defined contribution plan in which the participant has participated; however, in the case of a participant who is not receiving a survivor benefit pursuant to § 47-96.1 or a disability retirement benefit pursuant to § 47-91, with fewer than 10 years of participation, the limitation expressed in this Subsection D shall be reduced by 1/10 for each year of participation less than 10, but in no event shall this limitation be less than $1,000;
E.
The limitations expressed herein shall be based upon plan years for
calculation purposes, shall be applied to all defined benefit plans
maintained by the employer as one defined benefit plan and to all
defined contribution plans maintained by the employer as one defined
contribution plan, and shall be applied and interpreted consistent
with Code Section 415 and regulations thereunder as applicable to
government plans in general and this plan in particular; and
A.
Notwithstanding any other provision of this plan, the entire benefit
of any participant who becomes entitled to benefits prior to his death
shall be distributed either:
(1)
Not later than the required beginning date; or
(2)
Over a period beginning not later than the required beginning date
and extending over the life of such participant or over the lives
of such participant and a designated beneficiary (or over a period
not extending beyond the life expectancy of such participant or the
joint life expectancies of such participant and a designated beneficiary).
B.
If a participant who is entitled to benefits under this plan dies prior to the date when his entire interest has been distributed to him after distribution of his benefits has begun in accordance with Subsection A(2) above, the remaining portion of such benefit shall be distributed at least as rapidly as under the method of distribution being used under Subsection A(2) as of the date of his death.
C.
If a participant who is entitled to benefits under this plan dies
before distribution of his benefit has begun, the entire interest
of such employee shall be distributed within five years of the death
of such employee, unless the following sentence is applicable. If
any portion of the employee's interest is payable to (or for
the benefit of) a designated beneficiary, such portion shall be distributed
over the life of such designated beneficiary (or over a period not
extending beyond the life expectancy of such beneficiary) and such
distributions begin not later than one year after the date of the
employee's death or such later date as provided by regulations
issued by the Secretary of the Treasury, then, for purposes of the
five-year rule set forth in the preceding sentence, the benefit payable
to the beneficiary shall be treated as distributed on the date on
which such distributions begin; provided, however, that notwithstanding
the preceding sentence, if the designated beneficiary is the surviving
spouse of the participant, then the date on which distributions are
required to begin shall not be earlier than the date upon which the
employee would have attained age 70 1/2 and, further provided
that, if the surviving spouse dies before the distributions to such
spouse begin, this subsection shall be applied as if the surviving
spouse were the employee.
D.
For purposes of this section, the following definitions and procedures
shall apply:
(1)
"Required Beginning Date" shall mean April 1 of the calendar year
following the later of the calendar year in which the employee attains
age 70 1/2 or the calendar year in which the employee retires.
(2)
The phrase "designated beneficiary" shall mean any individual designated
by the employee under this plan according to its rules.
(3)
Any amount paid to a child shall be treated as if it had been paid
to the surviving spouse if such amount will become payable to the
surviving spouse upon such child's reaching majority (or other
designated event permitted under regulations issued by the Secretary
of the Treasury).
(4)
For purposes of this section, the life expectancy of an employee
and/or the employee's spouse (other than in the case of a life
annuity) may be redetermined but not more frequently than annually.
[Amended 12-13-2005 by Ord. No. 1839]
The pension benefit payments prescribed herein shall not be
subject to attachment, execution, levy, garnishment or other legal
process and shall be payable only to the participant or designated
beneficiary and shall not be subject to assignment or transfer unless
the subject of a domestic relations order, mandated by a court of
competent jurisdiction, that clearly provides for proper distribution
of a portion of the pension benefit payments to an alternate payee
(former spouse of the participant) and does not require any benefit
to be paid in excess of the available funds earned and accrued under
the plan.
Any participant who shall have retired prior to the restatement
date shall not have the benefit altered in any way by the provisions
of this amended and restated plan, except where otherwise expressly
provided herein. Such retired participants shall continue to have
their benefits governed by the terms of the plan in effect on the
day preceding the restatement date.
[1]
Editor's Note: Former § 47-89.1, Service increment
benefit, added 3-14-2000 by Ord. No. 1775, was repealed 12-13-2005
by Ord. No. 1839.
[Added 1-14-2003 by Ord.
No. 1807[1]]
Notwithstanding anything contained in § 47-86 to the contrary, the limitations, adjustments and other requirements prescribed in § 47-86 shall at all times comply with the provisions of Code Section 415 and the regulations thereunder (as such apply to governmental plans), the terms of which are specifically incorporated herein by reference.
[1]
Editor's Note: This ordinance provided for an effective
date of 1-1-2002.
[Added 1-14-2003 by Ord.
No. 1807; amended 7-12-2005 by Ord. No. 1834[1]; 12-13-2005 by Ord.
No. 1839]
A.
Notwithstanding any provision of the plan to the contrary that would
otherwise limit a distributee's election under this section,
a distributee may elect, at the time and in the manner prescribed
by the plan administrator, to have any portion of an eligible rollover
distribution that is equal to at least $500 paid directly to an eligible
retirement plan specified by the distributee in a direct rollover.
B.
This Subsection B shall apply to distributions made on or after January 1, 2006. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, if a distribution in excess of $1,000 is made and the distributee does not make an election under Subsection A and does not elect to receive the distribution directly, the plan administrator shall make such transfer to an individual retirement plan of a designated trustee or issuer pursuant to § 47-102A(9). The plan administrator shall notify the distributee in writing, within a reasonable period of time and as otherwise prescribed by law, that the distribution may be transferred to another individual retirement plan.
C.
DIRECT ROLLOVER
DISTRIBUTEE
ELIGIBLE RETIREMENT PLAN
ELIGIBLE ROLLOVER DISTRIBUTION
(1)
(2)
For purposes of this section, the following definitions shall apply:
A payment by the plan to the eligible retirement plan specified
by the distributee or by the plan administrator, if the distributee
does not make an election.
Includes an employee or former employee. In addition, the
employee's or former employee's surviving spouse and the
employee's or former employee's spouse or former spouse
who is the alternate payee under a qualified domestic relations order,
as defined in Code Section 414(p), are distributees with regard to
the interest of the spouse or former spouse.
A qualified trust described in Code Section 401(a), an individual
retirement account described in Code Section 408(a), an individual
retirement annuity described in Code Section 408(b), an annuity plan
described in Code Section 403(a), an annuity contract described in
Code Section 403(b), an eligible deferred compensation plan described
in Code Section 457(b), which is maintained by a state, political
subdivision of a state, and any agency or instrumentality of a state
or political subdivision of a state, and which agrees to separately
account for amounts transferred into such plan from this plan.
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 distributee or the joint lives
(or joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of 10 years or more;
any distribution to the extent such distribution is required under
Code Section 401(a)(9); and the portion of any distribution that is
not includible in gross income (determined without regard to the exclusion
for net unrealized appreciation with respect to employer securities).
For purposes of the direct rollover provisions in this section
of the plan, a portion of the distribution shall not fail to be an
eligible rollover distribution merely because the portion consists
of after-tax employee contributions that are not includible in gross
income. However, such portion may only be paid to an individual retirement
account or annuity described in Section 408(a) or (b) of the Code,
or to a qualified defined contribution plan described in Section 401(a)
or 403(a) of the Code that agrees to separately account for amounts
so transferred, including separately accounting for the portion of
such distribution which is includible in gross income and the portion
which is not includible.
[1]
Editor's Note: This ordinance provided that this amendment
would become effective as of 1-1-2006.
