97-O-01
) ,
'- ...",
ORDINANCE NO. 97-0-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, CLARIFYING, RESTATING AND ADOPTING
THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN;
PROVIDING FOR FORMAT AND DEFINITIONS; PROVIDING FOR
PARTICIPATION, ACTIVE PARTICIPANT, INACTIVE PARTICIPANT,
AND CESSATION OF PARTICIPATION; PROVIDING FOR
CONTRIBUTIONS, EMPLOYER CONTRIBUTIONS, REQUIRED
CONTRIBUTIONS BY PARTICIPANTS, AND INVESTMENT OF
CONTRIBUTIONS; PROVIDING FOR RETIREMENT BENEFITS, ACCRUED
BENEFIT, BENEFIT LIMITATION, AMOUNT OF BENEFIT AT
RETIREMENT, TEMPORARY LIMITATION OF BENEFITS, AND
BENEFITS UPON REEMPLOYMENT AFTER RETIREMENT; PROVIDING
FOR OTHER BENEFITS, DEATH BENEFITS, VESTED BENEFITS, AND
DISABILITY BENEFITS; PROVIDING FOR WHEN BENEFITS START
AND DISTRIBUTION OF BENEFITS, AUTOMATIC FORMS OF
DISTRIBUTION, OPTIONAL FORMS OF DISTRIBUTION AND
DISTRIBUTION REQUIREMENTS, AND ELECTION PROCEDURES;
PROVIDING FOR TERMINATION OF PLAN; PROVIDING FOR
ADMINISTRATION OF PLAN, RECORDS, INFORMATION AVAILABLE,
AND DELEGATION OF AUTHORITY; PROVIDING FOR GENERAL
PROVISIONS, AMENDMENTS, DIRECT ROLLOVERS, PROVISIONS
RELATING TO THE INSURER, EMPLOYMENT STATUS, RIGHTS TO
PLAN ASSETS, BENEFICIARY, NONALIENATION OF BENEFITS,
CONSTRUCTION, LEGAL ACTIONS, SMALL AMOUNTS AND WORD
USAGE; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Chapter 185, Florida Statutes, authorizes the City to have
its own pension plan for police officers.
2. The City has had such a local law plan since 1978.
3. Over the years the plan document has been in a state of
transition.
4. It is in the best interest of the residents of the City,
the police officers who are members of the plan, and the Board of
Trustees that the pension plan document be clarified, restated and
adopted by the City Council clearly setting forth the plan
benefits, the mechanism for administering the plan and the duties
and responsibilities of the Board of Trustees.
NOW, THEREFORE, BE IN ENACTED by the people of the City of
Edgewater, Florida:
PART A. RESTATEMENT AND ADOPTION OF CITY OF EDGEWATER,
FLORIDA POLICE RETIREMENT PLAN
The restated City of Edgewater, Florida Police Retirement
8truek through passages are deleted.
Underlined passages are added.
97-0-01
1
~
'-'
.,.,
Plan, attached hereto and incorporated by reference as Exhibit A,
is hereby adopted.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not effect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
January 6, 1997, was as follows:
Mayor Jack H. Hayman, Sr.
AYE
Councilman Danny K. Hatfield
AYE
Councilwoman Louise A. Martin
AYE
Councilman Mike Hays
AYE
Councilman David L. Mitchum
ABSENT
After Motion by Councilman Hatfield and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. ABSENT
Councilman Danny K. Hatfield AYE
Vice Mayor Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
8truok throl:lgh passages are deleted.
Underlined passages are added.
97-0-01
2
PASSED AND DULY ADOPTED this 3rd day of February, 1997.
ATTEST:
Susan-J. Wadsworth
City Clerk
Stwalc 11w q passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OOF ED/GEW TER, FLORIDA
Byl-� oUfr-e R� -
Louise A. Martin
Vice Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Cr eta A. tore
City Attorney
97-0-01 3
CITY OF EDGEWATER, FLORIDA
POLICE
RETIREMENT PLAN
Defined Benefit Plan 7.6
Restated October 1, 1989
AMENDMENT NO. 1
CITY OF EDGEWATER, FLORIDA POLICE RETIREMENT PLAN
The Plan named above gives the Employer the right to amend it at any time. According to that right,
the Plan Is amended effective as of the effective date(s) specified within this amendment.
ARTICLE I — FORMAT AND DEFINITIONS
EFFECTIVE MARCH 1, 1992,
BY STRIKING THE ACTUARIAL EQUIVALENT DEFINITION AND SUBSTITUTING THE FOLLOWING:
ACTUARIAL EQUIVALENT means equality in the value of the aggregate amounts expected to be
received under different forms of payment based on the rates determined below. The amount of each
payment under an optional form shall be determined by multiplying the amount payable on the
Normal Form by the ratio of (a) the purchase rate available under Group Contract GA 59M for the
Normal Form, to (b) the purchase rate available under such Group Contract for the optional form at
the time benefits are determined. The benefit from a single sum on an optional form shall be the
Actuarial Equivalent of the benefit payable on the Normal Form based on the purchase rates available
under such Group Contract. Such purchase rates shall be determined without regard to sex
(weighted .65 male and .35 female). This Is a variable standard of actuarial equivalence which
precludes employer discretion except as provided in the AMENDMENTS SECTION of Article IX. On
and after March 1, 1992. these applicable rates w➢I be determined using the rates of Interest and
mortality (weighted .B5 male and .35 female) used (as of the Annuity Starting Date) by the Pension
Benefit Guaranty Corporation for a trusteed single -employer plan to value a benefit upon termination
of an Insufficient trusteed single -employer plan. In the event the basis for determining Actuarial
Equivalent is changed, Actuarial Equivalent of the Participant's Accrued Benefit on and after the date
of the change shall be determined as the greater of (a) the Actuarial Equivalent of the Accrued Benefit
as of the date of the change computed on the rid basis, or (b) the Actuarial Equivalent of the total
Accrued Benefit computed on the new basis.
EFFECTIVE MARCH 1, 1992.
BY STRIKING THE PRESENT VALUE DEFINITION AND SUBSTITUTING THE FOLLOWING:
PRESENT VALUE means the current value of a benefit payable on a specified form and on a specified
date. The Present Value of any benefit under the terms of this Plan will be the actuarial equivalent
of the benefit payable on the Normal Form. Actuarial equivalence shall be determined on the basis
of the morality rates specified in the definition of Actuarial Equivalent, and either the Interest rate(s)
specified in the definition of Actuarial Equivalent or the Code Section 417 Interest rate(s), whichever
produces the greater benefit
In addition, the amount of any distribution under the terms of this Plan will be determined in
accordance with the preceding paragraph.
The two preceding paragraphs shall not apply to the extent they would cause the Plan to fail to
(59448)
satisfy the requirements of the REQUIRED CONTRIBUTION ACCRUED BENEFIT SECTION and the
BENEFIT LIMITATION SECTION of Article IV.
The Code Section 417 Interest rate(s) are
(a) the applicable Interest rate If the Present Value of the benefit (using such mte(s)) is not in
excess of $25,000; or
(b) 120 percent of the applicable interest rate If the Present Value of the benefit exceeds $25,000
(as determined under (a) above). In no event shall the Present Value determined under this
(b) be less than $25,000.
The applicable Interest rate is the Interest rate(s) which would be used (as of the Annuity Starting
Date) by the Pension Benefit Guaranty Corporation for a trusteed single -employer plan to value a
benefit upon termination of an insuf0cient trusteed single -employer plan.
By executing this amendment, we acknowledge having counseled to the extent necessary with
selected legal and tax advisors regarding the amendment's legal and tax implications.
Signed this IX' day of August , 19-32.
ATTEST: CITY OF EDGEWATER, FLORIDA
Na--, BY
Susan J. Wadsworth Louise A. Martin
City C erk Vice Mayor
Title
APPROVED FOR FORM
AND CORRECTNESS:
r j+
Kris a� A. Storey
City Attorney
(59448)
TABLE OF CONTENTS
INTRODUCTION
ARTICLE I
FORMAT AND DEFINITIONS
Section
1.01 -----
Format
Section
1.02 -----
Definitions
ARTICLE II
PARTICIPATION
Section
2.01 -----
Active Participant
Section
2.02 -----
Inactive Participant
Section
2.03 -----
Cessation of Participation
ARTICLE III
CONTRIBUTIONS
Section
3.01 -----
Employer Contributions
Section
3.01A -----
Required Contributions by Participants
Section
3.02 -----
Investment of Contributions
ARTICLE IV
RETIREMENT BENEFITS
Section
4.01 -----
Accrued Benefit
Section
4.02 -----
Benefit Limitation
Section
4.03 -----
Amount of Benefit at Retirement
Section
4.04 ----
Temporary Limitation of Benefits
Section
4.05 ----
Benefits upon Reemployment after Retirement Date
ARTICLE V
OTHER BENEFITS
Section
5.01 -----
Death Benefits
Section
5.02 -----
Vested Benefits
Section
5.03 -----
Disability Benefits
ARTICLE VI
WHEN BENEFITS START AND DISTRIBUTION OF BENEFITS
Section
6.01 -----
When Benefits Start
Section
6.02 -----
Automatic Forms of Distribution
Section
6.03 ----
Optional Forms of Distribution and Distribution
Requirements
Section
6.04 --
Election Procedures
ARTICLE VII
TERMINATION OF PLAN
TABLE OF CONTENTS 3
(59448)
ARTICLE VIII
ADMINISTRATION OF PLAN
Section
8.01
----- Administration
Section
8.02
----- Records
Section
8.03
---- Information Available
Section
8.04
----- Delegation of Authority
ARTICLE IX
GENERAL PROVISIONS
Section
9.01
----- Amendments
Section
9.02
----- Direct Rollovers
Section
9.03
----- Provisions Relating to the Insurer
Section
9.04
----- Employment Status
Section
9.05
----- Rights to Plan Assets
Section
9.06
----- Beneficiary
Section
9.07
----- Nonalienation of Benefits
Section
9.08
----- Construction
Section
9.09
----- Legal Actions
Section
9.10
----- Small Amounts
Section
9.11
----- Word Usage
PLAN EXECUTION
TABLE OF CONTENTS 4 (594481
INTRODUCTION
The Employer previously established a defined benefit retirement plan on February 1, 1978.
The Primary Employer is of the opinion that the plan should be changed. It believes that the best means
to accomplish these changes is to completely restate the plan's terms, provisions and conditions. The
restatement, effective October 1, 1989, is set forth in this document and is substituted in lieu of the prior
document.
The provisions of this Plan apply as of the date specified above or such other date as may be specified
in this Plan with the following exceptions:
The provisions included to comply with the technical corrections to the Deficit Reduction Act of 1984
IDEFRAI contained in the Tax Reform Act of 1986(TRA) are effective as if included in the respective laws
to which the corrections apply.
The provisions included to comply with the provisions of the Tax Reform Act of 1986 other than the
technical corrections to DEFRA are effective as of the dates specified in the law.
The provisions included to comply with the provisions of the Omnibus Budget Reconciliation Act of 1986
(OBRA 86) are effective as of the dates specified in the law.
The provisions included to comply with the final regulations on optional forms of benefit issued July 11,
1988, are effective as of the effective date prescribed by such regulations.
The provisions included to comply with the provisions of the Technical and Miscellaneous Revenue Act
of 1988 are effective as of the dates specified in the law.
The restated plan continues to be for the exclusive benefit of employees of the Employer. All persons
covered under the plan on September 30, 1989, shall continue to be covered under the restated plan with no
loss of benefits.
It is intended that the plan, as restated, shall continue to meet the requirements for a governmental plan
under the Internal Revenue Code of 1986, including any later amendments to the Code.
INTRODUCTION 5 159448)
ARTICLE I
FORMAT AND DEFINITIONS
SECTION 1.01--FORMAT.
Words and phrases defined in the DEFINITIONS SECTION of Article I shall have that defined meaning when
used in this Plan, unless the context clearly indicates otherwise.
These words and phrases will have an initial capital letter to aid in identifying them as defined terms.
SECTION 1.02--DEFINITIONS.
ACCRUAL SERVICE means the total of an Employee's Continuous Service, expressed as whole years and
fractional parts of a year Ito two decimal places) on the basis that 365 days equal one year. Such total
shall equal one year. Such total shall be equal to the period from his Employment Commencement Date
to the date of determination.
However, Accrual Service is modified as follows:
Period of Military Duty included:
A Period of Military Duty shall be included as service with the Employer to the extent it has not
already been credited.
ACCRUED BENEFIT means the amount of monthly retirement benefit on the Normal Form accrued by an
Active Participant as of any date. See the ACCRUED BENEFIT SECTION of Article IV.
ACTIVE PARTICIPANT means an Eligible Employee who is actively participating in the Plan according to
the provisions in the ACTIVE PARTICIPANT SECTION of Article II.
ACTUARIAL EQUIVALENT means equality in the value of the aggregate amounts expected to be received
under different forms of payment based on the rates determined below. The amount of each payment
under an optional form shall be determined by multiplying the amount payable on the Normal Form by the
ratio of (a) the purchase rate available under Group Contract GA 59448 for the Normal Form, to (b) the
purchase rate available under such Group Contract for the optional form at the time benefits are
determined. The benefit from a single sum on an optional form shall be the Actuarial Equivalent of the
benefit payable on the Normal Form based on the purchase rates available under such Group Contract.
This is a variable standard of actuarial equivalence which precludes employer discretion except as provided
in the AMENDMENTS SECTION of Article IX.�On and after March 1, 1992, these applicable rates will be
determined using the rates of interest and mortality (weighted .65 male and .35 female) used (as of the
Annuity Starting Date) by the Pension Benefit Guaranty Corporation for a trusteed single -employer plan
to value a benefit upon termination of an insufficient trusteed single -employer plan. In the event the basis
for determining Actuarial Equivalent is changed, Actuarial Equivalent of the Participant's Accrued Benefit
on and after the date of the change shall be determined as the greater of (a) the Actuarial Equivalent of
ARTICLE 1 6 (59448)
the Accrued Benefit as of the date of the change computed on the old basis, or (bl the Actuarial Equivalent
of the total Accrued Benefit computed on the new basis.
ANNUITY STARTING DATE means, for a Participant, the first day of the first period for which an amount
is paid as an annuity or any other form.
AVERAGE COMPENSATION means, on any given date, the average of an Employee's Monthly
Compensation for those three Compensation Years (all Compensation Years, if less than three) which give
the highest average out of the five latest Compensation Years (all Compensation Years, if less than five)
before the earlier of such given date, or his Normal Retirement Date.
In computing Average Compensation on any given date before the first Yearly Date in 1994, the Plan will
include only Compensation Years ending before such given date. In computing Average Compensation
on any given date on or after the first Yearly Date in 1994, the Plan will exclude Compensation Years in
which the Employee terminates employment with the Employer.
BENEFICIARY means the person or persons named by a Participant to receive any benefits under this Plan
upon the Participant's death. See the BENEFICIARY SECTION of Article IX.
CODE means the Internal Revenue Code of 1986, as amended
COMPENSATION means, except as modified in this definition, the total earnings paid or made available
to an Employee by the Employer during any specified period.
"Earnings" in this definition means all wages as reported in the wages, tips and other compensation box
on form W-2 for Federal income tax withholding purposes, as defined under Code Section 3401(a) (for
purposes of income tax withholding at the source), disregarding any rules limiting the remuneration
included as wages based on the nature or location of the employment or the services performed. Earnings
also include all other payments to an Employee in the course of the Employer's trade or business, for
which the Employer must furnish the Employee a written statement under Code Sections 6041(d) and
6051(a)(3).
Compensation shall also include elective contributions. Elective contributions are amounts excludable from
the Employee's gross income under code Sections 125, 402(a)(8), 402(h) or 403(b), and contributed by
the Employer, at the Employee's election, to a Code Section 401(k) arrangement, a simplified employee
pension, cafeteria plan or tax-sheltered annuity. Elective contributions also include Compensation deferred
under a Code Section 457 plan maintained by the Employer and Employee contributions "picked up" by
a governmental entity and, pursuant to Code Section 414(h)(2), treated as Employer contributions.
COMPENSATION YEAR means a one-year period ending on June 30. Before the first Yearly Date in 1994,
Compensation Year means a one-year period ending on the June 30 immediately before an Employee's
Entry Date and ending on the same date of each following year on which he is an Active Participant.
CONTINGENT ANNUITANT means an individual named by the Participant to receive a lifetime benefit after
the Participant's death according to a survivorship life annuity form of distribution.
CONTINUOUS SERVICE means, for a Participant, any period of uninterrupted service with the Employer.
APTICLE 1 7 (59448)
For purposes of this definition, no interruption in service will occur because of approved periods of
absence from the Employer due to temporary lay-off; leave of absence (not to exceed one year), or a
temporary absence due to illness or injury. .<
CONTRIBUTIONS means
Employer Contributions
Required Contributions
State Contributions
Other Contributions
as set out in Article III, unless the context clearly indicates otherwise.
DIRECT ROLLOVER means a payment by the Plan to the Eligible Retirement Plan specified by the
Distributes.
DISTRIBUTEE means 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 alternative
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.
EARLY RETIREMENT DATE means the first day of any month before a Participant's Normal Retirement
Date which the Participant selects for the start of his retirement benefit. This day shall be on or after the
date on which he ceases to be an Employee and the date he meets the following requirement(s):
la) He has attained age 50.
(b) He has completed five years of Plan Participation.
ELIGIBLE EMPLOYEE means any Employee of the Employer who is a police officer.
ELIGIBLE RETIREMENT PLAN means 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) or a qualified trust described in Code Section 401(a), that accepts the Distributes's Eligible
Rollover Distribution.
However, in the case of an Eligible Rollover Distribution to the surviving spouse, an Eligible Retirement
Plan is an individual retirement account or individual retirement annuity.
ELIGIBLE ROLLOVER DISTRIBUTION means any distribution of all or any portion of the balance to the
credit of the Distributes, except that an Eligible Rollover Distribution does not include:
(a) 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 Distributes or the joint lives (or joint life
expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified
period of ten years or more.
IN Any distribution to the extent such distribution is required under Code Section 401(a)(9).
ARTICLE 1 8 (59448)
(c) 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).
EMPLOYEE means an individual who is employed by the Employer.
EMPLOYER means the Primary Employer.
EMPLOYER CONTRIBUTIONS means contributions made by the Employer to fund this Plan. See the
EMPLOYER CONTRIBUTIONS SECTION of Article III.
ENTRY DATE means the date an Employee first enters the Plan as an Active Participant. See the ACTIVE
PARTICIPANT SECTION of Article II.
FISCAL YEAR means the Primary Employer's accounting year. The last day of the Fiscal Year is
September 30.
FUND means the Trust Fund established herein as part of the Plan.
GROUP CONTRACT means the group annuity contract or contracts into which the City of Edgewater
Police Retirement Plan Board of Trustees enters with the Insurer for the investment of Contributions and
the payment of benefits under this Plan. The term Group Contract as it is used in this Plan is deemed to
include the plural unless the context clearly indicates otherwise.
INACTIVE PARTICIPANT means a former Active Participant who has an Accrued Benefit. See the
INACTIVE PARTICIPANT SECTION of Article 11.
INSURER means Principal Mutual Life Insurance Company and any other insurance company or companies
named by the Board of Trustees.
INVESTMENT MANAGER means any fiduciary lather than a trustee)
(a) who has the power to manage, acquire, or dispose of any assets of the Plan; and
Ib) who (1) is registered as an investment adviser under the Investment Advisers Act of 1940, or (2) is
a bank, as defined in the Investment Advisers Act of 1940, or (3) is an insurance company qualified
to perform services described in subparagraph (a) above under the laws of more than one state.
LATE RETIREMENT DATE means the first day of any month which is after a Participant's Normal
Retirement Date and on which retirement benefits begin. If a Participant continues to work for the
Employer after his Normal Retirement Date, his Late Retirement Date shall be the earliest first day of the
month on or after he ceases to be an Employee. See the WHEN BENEFITS START SECTION of Article VI.
MONTHLY COMPENSATION means, for any Compensation Year, 1/12th of an Employee's Compensation
for such year.
To determine Monthly Compensation if an Employee is an Employee for only part of a Compensation Year,
his Compensation for that Compensation Year shall be converted to an annual basis as though he were
employed for the full Compensation Year.
ARTICLE 1 9 (59448)
MONTHLY DATE means each Yearly Date and the same day of each following month during the Plan Year
beginning on such Yearly Date.
NORMAL FORM means a straight life annuity.
NORMAL RETIREMENT DATE means the earliest first day of the month on or after the date the Participant
reaches the earlier of (i) age 55 and the date he completes 5 years of service with the Employer, or Jill
the date he completes 25 years of service with the Employer. Unless otherwise provided in this Plan, a
Participant's retirement benefits shall begin on his Normal Retirement Date if he has ceased to be an
Employee on such date. See the WHEN BENEFITS START SECTION of Article VI.
OTHER CONTRIBUTIONS means contributions from persons or entities other than the State of Florida, City
of Edgewater, or Plan Participants.
PARTICIPANT means either an Active Participant or an Inactive Participant.
PARTICIPANT CONTRIBUTIONS means Required Contributions as set out in Article III.
PERIOD OF MILITARY DUTY means, for an Employee
(a) who served as a member of the armed forces of the United States, and
(b) who was reemployed by the Employer at a time when the Employee had a right to reemployment
in accordance with seniority rights as protected under Section 2021 through 2026 of Title 38 of
the U.S. Code,
the period of time from the date the Employee was first absent from active work for the Employer because
of such military duty to the date the Employee was reemployed.
PLAN means the defined benefit retirement plan of the Employer set forth in this document, including any
later amendments to it.
PLAN ADMINISTRATOR means the person or persons who administer the Plan.
The Plan Administrator is the City of Edgewater Police Retirement Plan Board of Trustees. See the BOARD
OF TRUSTEES SECTION of Article Vill.
PLAN PARTICIPATION means the period of time during which a Participant has been an Active Participant.
PLAN YEAR means a period beginning on a Yearly Date and ending on the day before the next Yearly
Date.
PRESENT VALUE means the current value of a benefit payable on a specified form and on a specified date.
The Present Value of any benefit under the terms of this Plan will be the actuarial equivalent of the benefit
payable on the Normal Form. Actuarial equivalence shall be determined on the basis of the mortality rates
specified in the definition of Actuarial Equivalent, and either the interest rate(s) specified in the definition
of Actuarial Equivalent or the Code Section 417 interest rate(s), whichever produces the greater benefit.
ARTICLE 1 10 (59448)
In addition, the amount of any distribution under the terms of this Plan will be determined in accordance
with the preceding paragraph.
The two preceding paragraphs shall not apply to the extent they would cause the Plan to fail to satisfy
the requirements of the BENEFIT LIMITATION SECTION of Article IV.
The Code Section 417 interest ratels) are:
(a) the applicable interest rate if the Present Value of the benefit (using such rattle)) is not in excess
of $25,000; or
it
(b) detepercent of e aplicable rmined Pmined under (a)pinterest above). In no event shall the P esent Value determ determined under this 0th s ib) be less
than $25,000.
The applicable interest rate is the interest ratels) which would be used las of the Annuity Starting Date)
by the Pension Benefit Guaranty Corporation for a trusteed single -employer plan to value a benefit upon
termination of an insufficient trusteed single -employer plan.
Before March 1, 1992, Present Value is determined in accordance with the provisions of the Plan as in
effect on September 30, 1989.
PRIMARY EMPLOYER means City of Edgewater, Florida.
QUALIFIED JOINT AND SURVIVOR FORM means, for a Participant who has a spouse, an immediate
survivorship life annuity, where the survivorship percentage is 50% and the Contingent Annuitant is the
Participant's spouse. If a Participant does not have a spouse, the Qualified Joint and Survivor Form means
the Normal Form.
This Qualified Joint and Survivor Form shall be at least the Actuarial Equivalent of any form of benefit
offered under the Plan.
QUALIFIED PRERETIREMENT SURVIVOR ANNUITY means a straight life annuity payable to the surviving
spouse of a Participant who dies before his Annuity Starting Date. Benefits shall be determined as if the
Participant had ceased to be an Employee on the date of his death (date he last ceased to be an Employee,
if earlier) and survived to the date benefits become payable to the spouse and retired on that date. The
monthly benefit payable to the spouse shall be equal to the survivorship percentage of the retirement
benefit that would have been payable to the Participant if his Retirement Date had occurred on the date
benefits start to the spouse and he had retired under the Qualified Joint and Survivor Form. If the
Participant elects a survivorship annuity (where the survivorship percentage is at least 50% and the
Contingent Annuitant is the Participant's spouse) and which is at least the Actuarial Equivalent of the
Qualified Joint and Survivor Form for purposes of determining the Qualified Preretirement Survivor
Annuity.
REENTRY DATE means the date a former Active Participant reenters the Plan. See the ACTIVE
PARTICIPANT SECTION of Article It.
ARTICLE 17 159448)
REQUIRED CONTRIBUTIONS means nondeductible contributions required from a Participant in order to
participate in this Plan. See the REQUIRED CONTRIBUTIONS BY PARTICIPANTS SECTION of Article III.
REQUIRED CONTRIBUTION ACCOUNT means, on any date, the total of a Participant's Required
Contributions. A Participant's Required Contribution Account shall be reduced by the amount of any
distribution of his Required Contribution Account.
RETIREMENT DATE means the date a retirement benefit will begin and is a Participant's Early, Normal or
Late Retirement Date, as the case may be.
SOCIAL SECURITY RETIREMENT AGE means age 65 in the case of a Participant attaining age 62 before
January 1, 2000 (i.e., born before January 1, 19381, age 66 for a Participant attaining age 62 after
December 31, 1991, and before January 1, 2017 (i.e., born after December 31, 1937, but before
January 1, 1955), and age 67 for a Participant attaining age 62 after December 31, 2016 (i.e., born after
December 31, 1954).
STATE CONTRIBUTIONS means the net proceeds of the one percent excise tax which may be imposed
by the City of Edgewater, Florida upon certain casualty insurance companies on their gross receipts of
premiums from holders of policies, which policies cover property within the corporate limits of the City
of Edgewater, Florida.
TEFRA means the Tax Equity and Fiscal Responsibility Act of 1982.
TEFRA COMPLIANCE DATE means the date a plan is to comply with the provisions of TEFRA. The TEFRA
Compliance Date as used in this Plan is,
(a) for purposes of benefit limitations, Code Section 415,
(1) if the plan was in effect on July 1, 1982, the first day of the first limitation year which
begins after December 31, 1982, or
(2) if the plan was not in effect on July 1, 1982, the first day of the first limitation year which
ends after July 1, 1982.
Ili for all other purposes, the first Yearly Date after December 31, 1983.
TOTALLY AND PERMANENTLY DISABLED means a Participant is disabled, as a result of sickness or injury,
to the extent that he is prevented from engaging in any substantial gainful activity, and is eligible for and
receives a disability benefit under Title II of the Federal Social Security Act.
VESTING PERCENTAGE means the percentage used to determine that portion of a Participant's Accrued
Benefit resulting from Employer Contributions which Is nonforfeitable (cannot be lost since it is vested).
A Participant's Vesting Percentage is shown in the following schedule opposite the number of whole years
of his Plan Participation.
ARTICLE 12 (59448)
PLAN PARTICIPATION
VESTING
(whole years)
PERCENTAGE
Less than 5
O
5 or more
100
However, the Vesting Percentage for a Participant who is an Employee on or after the earlier of (i) the date
he reaches his Normal Retirement Date or III) the date he meets the requirementls) for an Early Retirement
Date, shall be 100% on such date.
VOLUNTARY DISCONTINUANCE DATE means the date a Participant fails or refuses to make a Required
Contribution.
YEARLY DATE means February 1, 1978, and each following October 1.
YEARS OF SERVICE means an Employee's Continuous Service disregarding any modifications which
exclude service.
ARTICLE 13 (59448)
ARTICLE II
PARTICIPATION
SECTION 2.01--ACTIVE PARTICIPANT.
(a) An Employee shall first become an Active Participant (begin active participation in the Plan) on the
earliest Monthly Date on or after October 1, 1989, on which he is an Eligible Employee and has met
the eligibility requirements below. This date is his Entry Date.
(1) He has been an Employee for three months.
(2) He is age 18 or older.
Each Employee who was an Active Participant under the Plan on September 30, 1989, shall
continue to be an Active Participant if he is still an Eligible Employee on October 1, 1989, and his
Entry Date will not change.
(b) An Inactive Participant shall again become an Active Participant (resume active participation in the
Plan) on the date he again becomes an Eligible Employee. This date is his Reentry Date.
Upon again becoming an Active Participant, he shall cease to be an Inactive Participant.
(c) A former Participant shall again become an Active Participant (resume active participation in the
Plan) on the date he again becomes an Eligible Employee. This date is his Reentry Date.
There shall be no duplication of benefits for a Participant under this Plan because of more than one period
as an Active Participant.
SECTION 2.02--INACTIVE PARTICIPANT.
An Active Participant shall become an Inactive Participant (stop accruing benefits under the Plan) on the
earliest of the following:
(al The date on which he ceases to be an Eligible Employee (on his Retirement Date if he ceases to be
an Eligible Employee within one month of his Retirement Datel.
(b) The effective date of complete termination of the Plan.
An Employee or former Employee who was an Inactive Participant under the Plan on September 30, 1989,
shall continue to be an Inactive Participant on October 1, 1989. Eligibility for any benefits payable to him or on
his behalf and the amount of the benefits shall be determined according to the provisions of the prior document,
unless otherwise stated in this Plan.
ARTICLE 11 14 (594481
SECTION 2.03--CESSATION OF PARTICIPATION.
A Participant, whether active or inactive, shall cease to be a Participant on the earliest of the following:
(a) The date of his death.
(b) His Voluntary Discontinuance Date.
(c) The date he receives a single sum distribution which is in lieu of all of his benefits under the Plan
if his Vesting Percentage is 100%.
An Inactive Participant shall also cease to be a Participant on the earliest date on which he is not entitled
to a deferred monthly income under the VESTED BENEFITS SECTION OF Article V.
ARTICLE It 15 159448)
ARTICLE III
CONTRIBUTIONS
SECTION 3.01--EMPLOYER CONTRIBUTIONS.
The amount and time of Employer Contributions shall be determined based on actuarial valuations and
applicable law as to the amounts required to fund benefits under this Plan. Dividends declared under the Group
Contract and forfeitures shall be applied to reduce future Employer Contributions.
A portion of the Plan assets resulting from Employer Contributions flout not more than the original amount
of those Contributions) may be returned if the Employer Contributions are made because of a mistake of fact.
The amount involved must be returned to the Employer within one year after the date the Employer Contributions
are made by mistake of fact. Except as provided under this paragraph and in Articles VII, the assets of the Plan
shall never be used for the benefit of the Employer and are held for the exclusive purpose of providing benefits
to Participants and their Beneficiaries and for defraying reasonable expenses of administering the Plan.
SECTION 3.01A--REQUIRED CONTRIBUTIONS BY PARTICIPANTS.
Each Eligible Employee shall make Required Contributions as of the date he enters the Plan. These
Contributions shall be made for each pay period in which he is an Eligible Employee.
The amount of each Contribution will be equal to 1 % of his Compensation for the pay period.
A Participant shall not make Required Contributions during any period he is receiving disability payments
under the DISABILITY BENEFITS SECTION of Article V or, on or after his Normal Retirement Date.
The Participant's Required Contribution Account is fully (100%) vested and nonforfeitable at all times.
SECTION 3.01B--STATE CONTRIBUTIONS.
Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of
funding and paying for retirement benefits for Police Officers of the City of Edgewater shall be deposited in the
Fund comprising part of this Plan immediately and under no circumstances more than five (5) days after receipt
by the City.
SECTION 3.01C--OTHER CONTRIBUTIONS.
Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be
accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may
be used only for additional benefits for Participants, as determined by the Board and may not be used to reduce
what would have otherwise been required City contribution.
SECTION 3.02--INVESTMENT OF CONTRIBUTIONS.
ARTICLE 111 16 (59448)
A. As part of the Plan, there is hereby established the Fund, into which shall be deposited all of the
contributions and assets whatsoever attributable to the Plan.
B. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board
of Trustees. Payment of benefits and disbursements from the Fund shall be made by the disbursing
agent but only upon written authorization from the Board.
C. All funds and securities of the Plan may be deposited by the Board with the Finance Director of the
City of Edgewater, acting in a ministerial capacity only, who shall be liable in the same manner and
to the same extent as he is liable for the safekeeping of funds of the City. However, any funds and
securities so deposited with the Finance Director of the City shall be clearly identified as such funds
and securities of the Police Officer's Retirement Plan.
D. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services
of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940
or otherwise exempt from such required registration, an insurance company, or a combination of
these, for the purposes of investment decisions and management. Such investment manager shall
have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund
assets.
E. All funds and securities of the Plan may be commingled in the Fund, provided that accurate records
are maintained at all times reflecting the financial composition of the Fund, including accurate
current accounts and entries as regards the following:
i. Current amounts of Accumulated Contributions of Participants on both an individual and
aggregate account basis, and
2. Receipts and disbursements, and
3. Benefit payments, and
4. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to
contributions and deposits from the City, and
5. All interest, dividends and gains (or losses) whatsoever, and
6. Such other entries as may be properly required so as to reflect a clear and complete financial
report of the Fund.
The Board shall be vested with full legal title to said Fund, subject however, and in any event to the
authority and power of the City of Edgewater City Council to amend or terminate this Fund,
provided that no amendment or Fund termination shall ever result in the use of any assets of this
Fund except for the payment of regular expenses and benefits under this Plan, except as otherwise
provided herein. All contributions from time to time paid into the Fund, and the income thereof,
without distinction between principal and income, shall be held and administered by the Board or
its agent in the Fund and the Board shall not be required to segregate or invest separately any
portion of the Fund.
ARTICLE 111 17 (59448)
G. All monies paid into or held in the Fund shall be invested and reinvested by the Board in accordance
with the Board's duly adopted Investment Policy, but the investment of all or any part of such funds
shall be limited to:
i. Annuity and life insurance contracts with life insurance companies in amounts sufficient to
provide, in whole or in part, the benefits to which all of the Participants in the Fund shall be
entitled under the provisions of this Plan and pay the initial and subsequent premium thereon.
2. Time or savings accounts of a national bank, a state bank or a savingsibuilding and loan
association insured by the Federal Deposit Insurance Corporation.
3. Obligations of the United States or obligations guaranteed as to principal and interest by the
government of the United States.
4. Bonds issued by the State of Israel.
5. Bonds, stocks, commingled funds administered by National or State Banks or evidences of
indebtedness issued or guaranteed by a corporation organized under the laws of the United
States, any state or organized territory of the United States, or the District of Columbia,
provided that the security of the corporation is traded on a nationally recognized exchange
and holds a rating or ranking in one of the three highest classifications by a major rating
service.
6. Real Estate.
7. The Board of Trustees shall not invest more than five 15) percent of its assets in the common
stock or capital stock of any one issuing company, nor shall the aggregate investment in any
one issuing company exceed five (5) percent of the outstanding capital stock of the company
nor the aggregate of its investment under this subparagraph at cost exceed thirty (30)
percent of the Fund's assets.
H. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may
deem advisable, having regard for the cash requirements of the Plan.
The Board may cause any investment in securities held by it to be registered in or transferred into
its name as Trustee or into the name of such nominee as it may direct, or it may retain them
unregistered and in a form permitting transferability, but the books and records shall at all times
show that all investments are part of the fund.
J. The Board is empowered to exercise any of the powers of an owner with respect to stocks, bonds,
or other investments comprising the Fund which it may deem to be to the best interest of the Fund
to exercise.
K. The Board shall not be required to make any inventory or appraisal or report to any court, nor to
secure any order of a court for the exercise of any power contained herein.
ARTICLE 111 18 159448)
ARTICLE IV
RETIREMENT BENEFITS
SECTION 4.01--ACCRUED BENEFIT.
An Active Participant's monthly Accrued Benefit as of any date, subject to the modifications below, will
be equal to the product of (a) and (b) below:
(a) An amount equal to 2% of his Average Compensation.
(b) His Accrual Service on such date.
Adjusted Accrued Benefit:
An Active Participant's monthly Accrued Benefit shall be reduced by the amount of deferred monthly
retirement benefit on the Normal Form beginning on his Normal Retirement Date in lieu of which he has received
a single sum payment under the Plan or prior plan.
SECTION 4.02--BENEFIT LIMITATION.
(a) To determine the benefit limitation set forth in this section, the following terms are defined:
Aggregate Annual Addition means, for a Participant with respect to any Limitation year, the sum
of his Annual Additions under all defined contribution plans of the Employer, as defined in this
section. The nondeductible participant contributions which the Participant makes to a defined
benefit plan shall be treated as Annual Additions to a defined contribution plan. The Contributions
the Employer, as defined in this section, made for the Participant for a Plan Year beginning on or
after March 31, 1984, to an individual medical benefit account, as defined in Code Section
415(I)(2), under a pension or annuity plan of the Employer, as defined in this section, shall be
treated as Annual Additions to a defined contribution plan. Also, amounts derived from
contributions paid or accrued after December 31, 1985, in Fiscal Years ending after such date,
which are attributable to post-reti rem entmed ical benefits allocated to the separate account of a key
employee, as defined in Code Section 419A(d)(3), under a welfare benefit fund, as defined in Code
Section 419(e), maintained by the Employer, as defined in this section, are treated as Annual
Additions to a defined contribution plan. The 25% of Compensation limit under Annual Addition
does not apply to Annual Additions resulting from contributions made to an individual medical
account, as defined in Code Section 4150)(2), or to Annual Additions resulting from contributions
for medical benefits, within the meaning of Code Section 419A, after separation from service.
Annual Addition means the amount added to a Participant's account for any Limitation Year under
this Plan or another retirement plan maintained by the Employer, as defined in this section, which
may not exceed a maximum permissible amount of the lesser of (1) or (2) below:
ARTICLE IV 19 (59448)
(1) The greater of $30,000 or one-fourth of the maximum dollar limitation which applies to
defined benefit plans. (Before the TEFRA Compliance Date, $25,000 multiplied by the cost
of living adjustment factor permitted by Federal regulations.)
(2) 25% of his Compensation, as defined in this section, for such Limitation Year.
The amount in (1) above shall not be adjusted before January 1, 1988.
The Annual Addition under any plan for a Participant with respect to any Limitation Year, shall be
equal to the sum of (3) and 14) below:
(3) Employer contributions and forfeitures credited to his account for the Limitation Year.
(4) Participant contributions made by him for the Limitation Year.
Before the first Limitation Year beginning after December 31, 1986, the amount under (4) above
is the lesser of (1) 112 of his nondeductible participant contributions made for the Limitation Year,
or lii) the amount, if any, of his nondeductible participant contributions made for the Limitation Year
which is in excess of six percent of his Compensation, as defined in this section, for such Limitation
Year.
Annual Benefit means a retirement benefit under the Plan payable annually in the form of a straight
life annuity or a survivor annuity. Except as provided below, a Participant's benefit that is payable
in a form other than a straight life annuity shall be adjusted to the Actuarial Equivalent straight life
annuity before applying the limitations of this section. The interest rate assumption used to
determine the Actuarial Equivalent shall not be less than five percent.
Compensation means compensation as defined in Article I.
For purposes of applying the limitations of this section, Compensation for a Limitation Year is the
Compensation actually paid or made available during such Limitation Year.
Current Accrued Benefit means a Participant's Accrued Benefit under the Plan, determined as if the
Participant had separated from service as of the close of the last Limitation Year beginning before
January 1, 1987, when expressed as an annual benefit within the meaning of Code Section
415(b)(2). In determining the amount of a Participant's Current Accrued Benefit, the following shall
be disregarded:
(1) any change in the terms and conditions of the plan after May 5, 1986; and
(2) any cost of living adjustments occurring after May 5, 1986.
Defined Benefit Dollar Limitation means $90,000 (before the TEFRA Compliance Date, $75,000
adjusted by the cost of living adjustment factor permitted by Federal regulations). Effective on
January 1, 1988, and each January 1 thereafter, the $90,000 limitation above will be automatically
adjusted by multiplying such limit by the cost of living adjustment factor prescribed by the Secretary
of the Treasury under Code Section 415(d) in such manner as the Secretary shall prescribe. The
ARTICLE IV 20 (59448)
new limitation shall apply to Limitation Years ending within the calendar year of the date of the
adjustment.
Defined Benefit Plan Fraction means, for a Participant with respect to a Limitation Year, the
quotient, expressed as a decimal, of
(1) the Participant's Projected Annual Benefit as of the close of such Limitation Year under all
defined benefit plans ever maintained by the Employer, as defined in this section, divided by
(2) on and after the TEFRA Compliance Date, the lesser of lil or 60 below
1.25 multiplied by the dollar limitation determined for the Limitation Year under Code
Sections 415(b) and (d) and in accordance with (3) in the definition of Maximum
Permissible Amount, or
(ii) 1.4 multiplied by the Participant's Highest Average Compensation,
including any adjustments under Code Section 415(b).
Before the TEFRA Compliance Date this denominator is the Participant's Projected Annual
Benefit as of the close of the Limitation Year if the plan(s) provided the maximum benefit
allowable.
The Defined Benefit Plan Fraction shall be modified as follows:
If the Participant was a participant as of the first day of the first Limitation Year beginning after
December 31, 1986, in one or more defined benefit plans maintained by the Employer, as defined
in this section, which were in existence on May 6, 1986, the denominator of this fraction will not
be less than 125 percent of the sum of the Annual Benefit and the annual benefits from such plans)
which the Participant had accrued as of the close of the last Limitation Year beginning before
January 1, 1987, disregarding any changes in the terms and conditions of the plans after May 5,
1986. The preceding sentence applies only if the defined benefit plans individually and in the
aggregate satisfied the requirements of Code Section 415 for all limitation years beginning before
January 1, 1987.
Defined Contribution Plan Fraction means, with respect to a Limitation Year for a Participant who
is or has been a participant in a defined contribution plan ever maintained by the Employer, as
defined in this section, the quotient, expressed as a decimal, of
(1) the Participant's Aggregate Annual Additions for such Limitation Year and all prior Limitation
Years, under all defined contribution plans (including the Aggregate Annual Additions
attributable to nondeductible accounts under defined benefit plans and attributable to all
welfare benefit funds, as defined in Code Section 419(e)) and attributable to individual
medical accounts, as defined in Code Section 415(II(2) ever maintained by the Employer, as
defined in this section, divided by
(2) on and after the TEFRA Compliance Date, the sum of the amount determined for the
Limitation Year. under 6) or (ii) below, whichever is less, and the amounts determined in the
ARTICLE IV 21 (59448)
same manner for all prior Limitation Years during which he has been an Employee or an
employee of a predecessor employer:
1.25 multiplied by the greater of $30,000 or one-fourth of the maximum dollar
limitation which applies for defined benefit plans determined under Code Sections
415(b) and (d), or
fill 1.4 multiplied by 25% of the Participant's Compensation, as defined in this section,
for each such Limitation Year.
Before the TEFRA Compliance Date, this denominator is the sum of the maximum allowable
amount of Annual Addition to his account(s) under all the plan(s) of the Employer, as defined
in this section, for each such Limitation Year.
The Defined Contribution Plan Fraction shall be modified as follows:
If the Participant was a participant as of the first day of the first Limitation Year beginning after
December 31, 1986, in one or more defined contribution plans maintained by the Employer, as
defined in this section, which were in existence on May 6, 1986, the numerator of this fraction shall
be adjusted if the sum of the Defined Contribution Plan Fraction and Defined Benefit Plan Fraction
would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, the dollar amount
determined below shall be permanently subtracted from the numerator of this fraction. The dollar
amount is equal to the excess of the sum of the two fractions, before adjustment, over 1.0
multiplied by the denominator of his Defined Contribution Plan Fraction. The adjustment is
calculated using his Defined Contribution Plan Fraction and Defined Benefit Plan Fraction as they
would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and
disregarding any changes in the terms and conditions of the plans made after May 5, 1986, but
using the Code Section 415 limitation applicable to the first Limitation Year beginning on and after
January 1, 1987.
The annual addition for any Limitation Year beginning before January 1, 1987, shall not be
recomputed to treat all employee contributions as Annual Additions.
For a plan that was in existence on July 1, 1982, for purposes of determining the Defined
Contribution Plan Fraction for any Limitation Year ending after December 31, 1982, the Plan
Administrator may elect in accordance with the provisions of Code Section 415 that the
denominator for each Participant, for all Limitation Years ending before January 1, 1983, will be
equal to
(1) the Defined Contribution Plan Fraction denominator which would apply for the last Limitation
Year ending in 1982 if an election under this paragraph were not made, multiplied by
(2) a fraction, equal to (i) over NO below:
(i) the lesser of (A) $51,875, or (B) 1.4, multiplied by 25% of the Participant's
Compensation, as defined in this section, for the Limitation Year ending in 1981;
ARTICLE IV 22 (59448)
(ii) the lesser of (A) $41,500, or (8) 25% of the Participant's Compensation, as defined
in this section, for the Limitation Year ending in 1981.
The election described above is applicable only if the plan administrators under all defined
contribution plans of the Employer also elect to use the modified fraction.
Employer means any employer that adopts this Plan.
Highest Average Compensation means 100% of the average of a Participant's Compensation, as
defined in this section, during those three consecutive Limitation Years while he was an Employee,
if employed less than three years) which give the highest average.
Limitation Year means the consecutive 12-month period within which it is determined whether or
not the limitations of Code Section 415 are exceeded. Limitation Year means each 12-consecutive
month period ending on June 30. If the Limitation Year is other than the calendar year, execution
of this Plan (or any amendment to this Plan changing the Limitation Year) constitutes the Employer's
adoption of written resolution electing the Limitation Year. If the Limitation Year is changed, the
new Limitation Year shall begin within the current Limitation Year.
Maximum Permissible Amount means, for a Participant with respect to any Limitation Year, the
lesser of
(1) the Defined Benefit Dollar Limitation, or
12) his Highest Average Compensation for such Limitation Year.
The Maximum Permissible Amount shall be adjusted as follows:
(3) If the Participant has less than ten Years of Participation, the Defined Benefit Dollar Limitation
is reduced by one -tenth for each Year of Participation (or part thereof) less than ten. If the
Participant has less than ten Years of Service, the compensation limitation is reduced by
one -tenth for each Year of Service (or part thereof) less than ten. The adjustments of this
(3) shall be applied in the denominator of the Defined Benefit Plan Fraction based on Years
of Service. Years of Service shall include future years occurring before the Participant's
Normal Retirement Age. Such future years shall include the year which contains the date the
Participant reaches Normal Retirement Age, only if it can be reasonably anticipated that the
Participant will receive a Year of Service for such year.
(4) If the Annual Benefit of the Participant commences before the Participant's Social Security
Retirement Age, but on or after age 62, the Defined Benefit Dollar Limitation as reduced
above, shall be determined as follows:
(i) If a Participant's Social Security Retirement Age is 65, the dollar limitation for benefits
commencing on or after age 62 is determined by reducing the Defined Benefit Dollar
Limitation by 5/9 of one percent for each month by which benefits commence before
the month in which the Participant attains age 65.
ARTICLE IV 23 (59448)
(ii) If a Participant's Social Security Retirement Age is greater than 66, the dollar limitation
for benefits commencing on or after age 62 is determined by reducing the Defined
Benefit Dollar Limitation by 5/9 of one percent for each of the first 36 months and
5/12 of one percent for each of the additional months (up to 24 months) by which
benefits commence before the month of the Participant's Social Security Retirement
Age.
(5) If the Annual Benefit of a Participant commences prior to age 62, the Defined Benefit Dollar
Limitation shall be the actuarial equivalent of an Annual Benefit beginning at age 62, as
determined above, reduced for each month by which benefits commence before the month
in which the Participant attains age 62. To determine actuarial equivalence, the interest rate
assumption is five percent. Any decrease in the defined benefit Dollar Limitation determined
in accordance with this provision (5) shall not reflect the mortality decrement to the extent
that benefits will not be forfeited upon the death of the Participant.
(6) If the Annual Benefit of a Participant commences after the Participant's Social Security
Retirement Age, the Defined Benefit Dollar Limitation as reduced in (3) above, if necessary,
shall be adjusted so that it is the actuarial equivalent of an Annual Benefit of such dollar
limitation beginning at the Participant's Social Security Retirement Age. To determine
actuarial equivalence, the interest rate assumption used is five percent.
(7) The provisions of this definition shall be modified as provided in:
Code Section 415(b)(2)(F) for governmental plans (within the meaning of Section
414(d)), plans maintained by organizations (other than governmental units) exempt
from tax under Subtitle A of the Code, and qualified merchant marine plans; and
lit) Section 415(b)(2)IG) and 415(b)(2)(H) of the Code for Plan Participants who are
qualified police or firefighters; and
(iii) Code Section 415(b)(9) for Plan Participants who are commercial airline pilots.
Protected Annual Benefit means a Participant's expected Annual Benefit under any defined benefit
plants) ever maintained by the Employer, as defined in this section. The Projected Annual Benefit
shall be determined assuming that the Participant will continue employment until the later of current
age or normal retirement age under such plants), and that the Participant's compensation for the
Limitation Year and all other relevant factors used to determine benefits under such plan(s) will
remain constant for all future Limitation Years.
Year of Participation means one year (computed to fractional parts of a year) for each Plan Year for
which the following conditions are met:
(1) The Participant earns Credited Service for benefit accrual purposes, and
(2) the Participant is included as a Participant under the eligibility provisions of the Plan for at
least one day of the Plan Year.
ARTICLE IV 24 (69448)
If these two conditions are met, the portion of a Year of Participation credited to the Participant
shall equal the amount of Accrual Service credited to the Participant for such Plan Year. A
Participant who is totally and permanently disabled within the meaning of Code Section
415(c)(3)(C)(i) for a Plan Year shall receive a Year of Participation with respect to that period. In
addition, for a Participant to receive a Year of Participation (or part thereof) for a Plan Year, the Plan
must be established no later than the last day of such Plan Year. In no event will more than one
Year of Participation be credited for any 12-month period.
(b) The Annual Benefit otherwise payable to a Participant at any time will not exceed the Maximum
Permissible Amount.
If the benefit a Participant would otherwise accrue in a Limitation Year would produce an Annual
Benefit in excess of the limits above, the rate of accrual will be reduced so that the Annual Benefit
equals those limits.
(c) If a Participant is, or has ever been, covered under more than one defined benefit plan maintained
by the Employer, as defined in this section, the sum of the Participant's Annual Benefit and the
annual benefit(s) from such other plan(s) shall not exceed the Maximum Permissible Amount. If
such plans do not otherwise limit the annual benefits, the rate of accrual in the plan most recently
established shall be reduced to the extent necessary so that the total of the annual benefits payable
at any time under such plan(s) does not exceed the Maximum Permissible Amount.
In the case of an individual who was a participant in one or more defined benefit plans of the
Employer, as defined in this section, as of the first day of the first limitation year beginning after
December 31, 1986, the application of the limitations of this section shall not cause the Maximum
Permissible Amount for such individual under all such defined benefit plans to be less than the
individual's Current Accrued Benefit. The preceding sentence applies only if such defined benefit
plans met the requirements of Code Section 415, for all limitation years beginning before January 1,
1987.
If some of the Employer's defined benefit plans were not in existence on July 1, 1982, and some
were in existence on that date, the Maximum Permissible Amount which is based on a dollar
amount may differ for a Limitation Year. The sum of the Participant's Annual Benefits from all such
plans for the Limitation Year in which the dollar limit differs shall not exceed the lesser of (1) his
Highest Average Compensation, (2) $136,425, or (3) the greater of $90,000 or the sum of the
annual benefit(s) for such Limitation Year under the plan(s) to which the $136,425 dollar amount
applies.
(d) The limitations imposed by subsections (b) and (c) above shall not apply if, for the current or any
prior Limitation Year, the sum of the Annual Benefit payable to a Participant under this Plan and the
annual benefit(s) under all other defined benefit plans ever maintained by the Employer, as defined
in this section, does not exceed the product of 01 and (2) below:
(1) $1,000.
(2) The Participant's Years of Service or parts thereof (not to exceed ten years).
ARTICLE IV 25 (59448)
The provisions of this subsection Id) do not apply if the Employer, as defined in this section, ever
maintained a defined contribution plan (other than nondeductible employee contributions under a
defined benefit plan), a welfare benefit plan as defined in Code Section 419(e), or an individual
medical account as defined in Code Section 4150)(2) in which the Participant participated.
(a) If a Participant is or has been a participant in both defined benefit and defined contribution plans
(including a welfare benefit fund, as defined in Code Section 419(e)), or an individual medical
account, as defined in Code Section 415(l)(2), ever maintained by the Employer, as defined in this
section, the sum of the Defined Benefit Plan Fraction and the Defined Contribution Plan Fraction for
any Limitation Year shall not exceed 1.0 (1.4 before the TEFRA Compliance Date).
After all other limitations set out in the plans and funds have been applied, the following limitations
shall apply so that the sum of the Participants Defined Benefit Plan Fraction and Defined
Contribution Plan Fraction shall not exceed 1.0 (1.4 before the TEF.RA Compliance Date). The
Projected Annual Benefit shall be limited first. If the Participant's annual benefit(s) equal his
Projected Annual Benefit, as limited, then Annual Additions to the defined contribution plants) shall
be limited to amounts that will reduce the sum to 1.0 (1.4). First, the voluntary contributions the
Participant may make for the Limitation Year shall be limited. Next, in the case of a profit sharing
plan, any forfeitures allocated to the Participant shall be reallocated to remaining participants to the
extent necessary to reduce the decimal to 1.0 (1.41. Last, to the extent necessary, employer
contributions shall be reallocated or limited for the Limitation Year. If employer contributions are
reallocated or limited, then required and optional employee contributions to which such employer
contributions were geared shall be reduced in proportion.
If, for the Limitation Year, the Participant has an Annual Addition under more than one defined
contribution plan or welfare benefit fund or individual medical account maintained by the Employer,
as defined in this section, and such plans and welfare benefit funds and individual medical accounts
do not limit the aggregate Annual Addition to the maximum permissible amount, any reduction
above shall be made first to the profit sharing plans, then to all other such plans and welfare benefit
funds and individual medical accounts and, if necessary, by reducing first those that were most
recently allocated. However, elective deferral contributions shall be the last contributions reduced
before the welfare benefit fund or individual medical account is reduced. The annual addition to
the welfare benefit fund and individual medical accounts shall be limited last.
(f) If a Participant's annual amount of retirement benefit is reduced because he received an earlier
distribution under the Plan which is derived from Employer Contributions, his benefit limitation on
the date the benefit is payable shall be reduced by the excess of (11 over (2) below:
(1) The Annual Benefit that would have been payable if he had not received an earlier distribution
provided by Employer Contributions.
(2) The reduced Annual Benefit payable.
(g) If, for the Limitation Year, a Participant has an Annual Addition, the Participant's Aggregate Annual
Addition may not exceed the maximum permissible amount.
Contributions and forfeitures which would otherwise be credited to the Participant's accounts shall
be limited to the extent necessary to meet the maximum permissible amount of Aggregate Annual
ARTICLE IV 26 (59448)
Addition. Any nondeductible voluntary contributions under this Plan and any other retirement plans
shall be limited first. Next, contributions and forfeitures under the other retirement plan(s) shall be
limited or reduced according to the provisions of such plan(s).
If, due to if an error in estimating the Participant's Compensation as defined in this section,
(ii) because forfeitures cannot be reallocated to remaining participants due to the contribution
limitations under such plan(s), (HO because the amount of the forfeitures to be used to offset
employer contributions under such plan(s) is greater than the amount of the employer contributions
due for the remaining participants, or (iv) other limited facts or circumstances, a Participant's
Aggregate Annual Addition is greater than the maximum permissible amount, such excess amount
shall be applied as follows. Nondeductible voluntary contributions will be returned to the
Participant. If after the return of nondeductible voluntary contributions an excess amount still
exists, and the Participant is an active participant under the other planfs) as of the end of the
Limitation Year, the excess amount shall be used to offset employer contributions under such
plan(s) for him in the next Limitation Year. If after the return of nondeductible voluntary
contributions an excess amount still exists, and the Participant is not an active participant under
the other plan(s) as of the end of the Limitation Year, the excess amount will be held in a suspense
account under the other retirement plans which will be used to offset employer contributions for
all participants in the next Limitation Year. No employer contributions or participant contributions
that would be included in the next Limitation Year's Annual Addition may be made before the total
suspense account has been used or reallocated.
SECTION 4.03--AMOUNT OF BENEFIT AT RETIREMENT.
The amount of retirement benefit to be provided on the Normal Form for an Active Participant on his
Retirement Date shall be determined according to the provisions of this section. The monthly retirement benefit
shall not decrease after the Participant's Retirement Date due to any increase in social security benefits that
occurs after he ceases to be an Employee.
An Active Participant's retirement benefit on his Normal Retirement Date shall be equal to his Accrued
Benefit on such date.
An Active Participant's retirement benefit on his Early Retirement Date shall be equal to his Accrued
Benefit on such specified date, multiplied by the factor shown below corresponding to the number of years his
Early Retirement Date precedes his Normal Retirement Date.
NUMBER OF YEARS
EARLY RETIREMENT DATE
PRECEDES NORMAL
RETIREMENT DATE
FACTOR
1
.9333
2
.8667
3
.8000
4
.7333
F
.6667
ARTICLE IV 27 (69448)
NUMBER OF YEARS
EARLY RETIREMENT DATE
PRECEDES NORMAL
RETIREMENT DATE
FACTOR
6
.6333
7
.6000
8
.5667
9
.5333
10
.5000
The above factors shall be prorated for a partial year (counting a partial month as a complete month).
An Active Participant's retirement benefit on his Late Retirement Date shall be equal to the greater of la)
or (b) below:
(a) His Accrued Benefit on his Late Retirement Date.
(b) His Accrued Benefit on his Normal Retirement Date, multiplied by the factor shown below
corresponding to the number of years his Late Retirement Date follows his Normal Retirement Date.
NUMBER OF YEARS
LATE RETIREMENT DATE
FOLLOWS NORMAL
RETIREMENT DATE
FACTOR
1
1.0600
2
1.1200
3
1.1900
4
1.2600
5
1.3400
6
1.4200
7
1.5000
8
1.5900
9
1.6900
10
1.7900
The above factors shall be prorated for a partial year (counting a partial month as a complete month).
Factors for numbers of years beyond ten shall be determined using a consistently applied reasonable
actuarially equivalent method.
An Active Participant's retirement benefit on the Normal Form shall not be less than the greatest amount
of benefit that would have been provided for him had he retired on any earlier Retirement Date.
In any event, an Active Participant's retirement benefit on the Normal Form on his Retirement Date will
not be less than the monthly benefit on the Normal Form which is the Actuarial Equivalent of his Required
Contribution Account on such date.
ARTICLE IV 28 (594481
The Participant's retirement benefits shall be distributed to the Participant according to the distribution of
benefits provisions of Article VI and the small amounts provision of the SMALL AMOUNTS SECTION of Article
IX. The amount of payment under any form (other than the Normal Form) shall be determined as provided under
the OPTIONAL FORMS OF DISTRIBUTION AND DISTRIBUTION REQUIREMENTS SECTION of Article VI.
SECTION 4.04--TEMPORARY LIMITATION OF BENEFITS.
(a) For Plan Years beginning before January 1, 1994, the limitations set forth in this (a) apply.
(1) The amount of Employer Contributions used to provide a Participant's retirement benefit on
the Normal Form shall be limited as provided in (2) below if the Participant is one of the
Employer's 25 most highly paid Employees on the original effective date of the Plan, the
retirement benefit is over $125 ($1,500 annually), and one of the following conditions
occurs:
The Plan is terminated within ten years of the effective date of the Plan
lit) The monthly retirement benefit of such highly paid Participant becomes payable within
ten years of the effective date of the Plan, or
(m) If Code Section 4121without regard to Code Section 412(h)(2)) does not apply to this
Plan, the monthly retirement benefit of such highly paid Participant becomes payable
more than ten years after the effective date of the Plan, and the full current costs of
the Plan for the first ten years have not been met.
(2) If one of the conditions in (1) above does occur, the amount of Employer Contributions used
to provide retirement benefit on the Normal Form for such a highly paid Participant shall not
exceed the amount provided by the greater of W or 00 below:
0) $20,000.
(ii) 20% of the first $50,000 of the average of his annual compensation for the five latest
Compensation Years multiplied by the number of years between the effective date of
the Plan and the earlier of (A) the date the benefit becomes payable, or (B) the date
the Plan terminates. If on the earlier of (A) or (B) the full current costs have not been
met, then the date on which the full current costs have not been met shall be
substituted for such earlier date.
(3) If the Plan is amended to increase the retirement benefit on the Normal Form provided by
Employer Contributions, the amount of such Contributions used to provide that benefit may
be limited. Such amount shall be limited if the Participant is one of the Employer's 25 most
highly paid Employees on the effective date of the amendment and the retirement benefit
provided by Employer Contributions made before the effective date of the amendment and
during the following ten years (assuming his rate of pay remains unchanged) is over $125
($1,500 annually).
The provisions of (1) and (2) above shall continue to apply to the original group of
Participants who are highly paid Employees as if the Plan had not been amended. The
ARTICLE IV 29 (59448)
amount of Employer Contributions which may be used for the benefit of the new group of
Participants who are highly paid Employees shall be limited as provided in (2) above, except
that, in lieu of (2)(i) and fiil, the following (i) and (ii) shall be substituted:
(i) The amount of Employer Contributions which would have been applied to provide
benefits for the Participant if the Plan had continued without change or $20,000, if
greater.
Oil The sum of W the amount of Employer Contributions which would have been applied
to provide benefits for the Participant if the Plan had terminated on the day before the
effective date of the amendment, and (B) the product of the number of years for which
the current costs of the Plan after the effective date of the amendment are met
multiplied by the lesser of (a) 20 percent of the average of his annual pay for the five
latest Compensation years, or (b) $10,000.
(4) The limitations described above may be exceeded for the purpose of making current monthly
retirement benefit payments to retired Participants who would otherwise be subject to such
limitations. The limitations may be exceeded only if all of the following conditions are met:
(i) The Employer Contributions which may be used for such retired Participant according
to the preceding provisions of this section are applied to provide either a level amount
of monthly retirement benefit on the Normal Form or a level amount of monthly
retirement benefit on an optional form of retirement benefit not greater in amount than
the amount of monthly benefit on the Normal Form.
00 The monthly retirement benefit provided is supplemented by monthly payments to the
extent necessary to provide the full monthly retirement benefit on the Normal Form.
(iii) The full current costs of the Plan have been met or the total of such supplemental
payments for all such retired Participants does not exceed the total Employer
Contributions already made under the Plan in the year then current.
A highly paid Participant may receive a single sum distribution only if he enters into an agreement
to repay to the Plan all amounts he receives in excess of the limitations of this section. The
requirement of repayment shall apply if the Plan terminates, if the full current costs of the Plan are
not met during a period when the limitations of this section are in effect, or benefits are paid when
the Plan is less than ten years old. In order to guarantee the repayment, the Participant must
deposit the amount which would be repayable in a guaranteed account or with an acceptable
depository property having a fair market value equal to 125 percent of the amount which would be
repayable had the Plan terminated on the date of the single sum distribution. If the market value
of the property held by the depository falls below 110 percent of the amount which would be
repayable if the Plan were then to terminate, additional property necessary to bring the value of the
property held by the depository up to 125 percent of such amount will be deposited.
(b) For Plan Years beginning on or after January 1, 1994, the limitations set forth in this (b) apply.
In the event of Plan termination, the benefit of any active or former Highly Compensated Employee
is limited to a benefit that is nondiscriminatory under Code Section 401(a)(4).
ARTICLE IV 30 (59448)
For Plan Years beginning on or after January 1, 1999, benefits distributed to any of the 25 most
highly compensated active and former Highly Compensated Employees are restricted such that the
annual payments are no greater than an amount equal to the payment that would be made on behalf
of the Employee under a single life annuity that is the Actuarial Equivalent of the sum of the
Employee's Accrued Benefit and the Employee's other benefits under the Plan.
The preceding paragraph shall not apply if:
(1) after payment of the benefit to an Employee described in the preceding paragraph, the value
of plan assets equals or exceeds 110 percent of the value of current liabilities, as defined in
Code Section 4120)(7), or
(2) the value of the benefits for an Employee described above is less than one percent of the
value of current liabilities.
For purposes of this (b), benefit includes loans in excess of the amount set forth in Code Section
72(p)(2)(A), any periodic income, any withdrawal values payable to a living Employee, and any
death benefits not provided by insurance on the Employee's life.
SECTION 4.05--BENEFITS UPON REEMPLOYMENT AFTER
RETIREMENT DATE.
If the Employer rehires a Participant after his Retirement Date, any monthly retirement benefit he is
receiving shall continue stopped. If he also becomes an Active Participant, there shall be no duplication of
benefits for him under this Plan. Any death benefit from the Accrued Benefit he accrued during this latest period
of participation shall be determined as provided in the DEATH BENEFITS SECTION of Article V. The retirement
benefit from such Accrued Benefit shall be payable according to the provisions of Article IV and Article VI.
ARTICLE IV 31 (59448)
ARTICLE V
OTHER BENEFITS
SECTION 5.01--DEATH BENEFITS.
If a Participant dies before his Annuity Starting Date, death benefits shall be determined under subsections
(a) and (b) below.
(a) Qualified Preretirement Survivor Annuity:
A qualified Preretirement Survivor Annuity shall be payable if the following requirements are met:
(1) The Participant is survived by a spouse to whom he was continuously married
throughout the one-year period ending on the date he dies.
(2) The Participant's Vesting Percentage or Required Contribution Account on the date of
his death was greater than zero.
if the requirements above are met on the date the Participant dies, a Qualified Preretirement
Survivor Annuity shall be payable. The spouse may elect to start benefits on any first day of the
month on or after the earliest date retirement benefits could have been paid to the Participant if he
had ceased to be an Employee on the date of his death and survived to retire. Benefits must start
by the date the Participant would have been age 70 112. If the spouse dies before the Qualified
Preretirement Survivor Annuity starts, the only death benefit payable from his Accrued Benefit is
that provided in (b) below.
If a single -sum death benefit would otherwise be payable in (b) below, the monthly benefit payable
to the spouse under the Qualified Preretirement Survivor Annuity shall not be less than the monthly
benefit which is the Actuarial Equivalent of the single -sum death benefit at the date benefits start.
If the Participant elects to have the single -sum death benefit in (b) below paid to his Beneficiary
after the requirements above are met or if the spouse waives the Qualified Preretirement Survivor
Annuity by electing to have the single -sum death benefit in (b) below paid to himself as Beneficiary
after the requirements above are met, the Qualified Preretirement Survivor Annuity shall be reduced.
The amount of the reduction shall be equal to the monthly benefit which is the Actuarial Equivalent
of what would have been the single -sum death benefit at the date benefits start.
(b) Single sum death benefit:
If the requirements of subsection (a) above have not been met on the date a Participant dies, a
single -sum death benefit equal to his Required Contribution Account on the date he died shall be
payable to the Participant's Beneficiary. If the requirements of subsection (a) above have been met
on the date such Participant dies and the Qualified Preretirement Survivor Annuity has not been
waived, but the Participant's spouse dies before the Qualified Preretirement Survivor Annuity starts,
ARTICLE V 32 159448)
this single -sum death benefit, determined as of the date of the spouse's death, shall be paid to the
spouse's Beneficiary.
Before a single -sum death benefit will be paid on account of the death of a Participant who would
have met all the requirements in (a) above if he had had a spouse on the date of his death, it must
be established to the satisfaction of a plan representative that there is no spouse.
If a Participant dies on or after his Normal Retirement Date and before his Annuity Starting Date and such
Participant is survived by a spouse to whom he was continuously married throughout the one-year period ending
on the date of his death, the death benefit shall be payable in like manner as provided under (a) and (b) above.
If a Participant dies on or after his Normal Retirement Date and before his Annuity Starting Date and such
Participant is not survived by a spouse to whom he was continuously married throughout the one-year period
ending on the date of his death, the provisions of subsections la) and (b) shall not apply. Instead, the death
benefit shall be the preservation of retirement option death benefit. This death benefit is the death benefit which
would have been payable to the Participant's Beneficiary or Contingent Annuitant if the Participant's Retirement
Date had occurred on the date he died. The optional form of distribution elected according to the provisions of
the ELECTION PROCEDURES SECTION of Article VI before the Participant's death is the form in effect for
determining the death benefit. For purposes of this death benefit only, an election of an optional form of
distribution shall be a qualified election even if it is not made within 90 days of the date retirement benefits
would have begun if it meets all of the other requirements for a qualified election. The automatic form of
distribution for retirement benefits under the AUTOMATIC FORMS OF DISTRIBUTION SECTION of Article VI shall
be in effect if an election has not been made or an election is revoked without a subsequent election according
to the provisions of the ELECTION PROCEDURES SECTION of Article VI. Any death benefit payable shall be
subject to the distribution limitations of the OPTIONAL FORMS OF DISTRIBUTION AND DISTRIBUTION
REQUIREMENTS SECTION of Article Vl.
If, after any death benefit above is distributed in a single sum, the Present Value of the remaining Qualified
Preretirement Survivor Annuity payable under (a) above is $3,500 or less, the spouse may receive such Present
Value in a single -sum payment in lieu of the Qualified Preretirement Survivor Annuity. It will be distributed only
if the spouse so elects.
Any death benefit after Annuity Starting Date will be determined by the form of retirement benefit in effect
on a Participant's Annuity Starting Date.
SECTION 5.02--VESTED BENEFITS.
A Participant who becomes an Inactive Participant before retirement or death (and, if applicable, before
the date a disability payment begins under the DISABILITY BENEFITS SECTION of Article V) will be entitled to
one of the following vested benefits whichever is to applicable. Any distribution of vested benefits shall be a
retirement benefit and shall be subject to the distribution of benefits provisions of Article VI and the provisions
of the SMALL AMOUNTS SECTION of Article IX.
(a) A deferred monthly retirement benefit on the Normal Form to begin on his Normal Retirement Date.
The deferred retirement benefit will be equal to the product of (1) and (2):
(11 The Participant's Accrued Benefit on the day before he became an Inactive Participant.
ARTICLE V 33 (59448)
(2) The Participant's Vesting Percentage on the date he ceases to be an Employee.
(b) A deferred monthly retirement benefit on the Normal Form to begin on his Early Retirement Date.
The deferred retirement benefit shall be equal to the amount under W above multiplied by the
applicable early retirement factor in the AMOUNT OF BENEFIT AT RETIREMENT SECTION of Article
IV.
(c) A deferred monthly retirement benefit on the Normal Form to begin on his Late Retirement Date.
The deferred retirement benefit shall be determined as follows:
(1) For a Participant who became an Inactive Participant on or before his Normal Retirement
Date, an amount equal to the amount under (a) above multiplied by the late retirement factor
in the AMOUNT OF BENEFIT AT RETIREMENT SECTION of Article IV which corresponds to
the number of years his Late Retirement Date follows his Normal Retirement Date.
(2) For a Participant who became an Inactive Participant after his Normal Retirement Date,an
amount equal to the greater of (i) or (ii) below:
(i) The Participant's Accrued Benefit on the day before the date he became an Inactive
Participant.
(ii) His Accrued Benefit on his Normal Retirement Date multiplied by the late retirement
factor in the AMOUNT OF BENEFIT AT RETIREMENT SECTION of Article IV which
corresponds to the number of years his Late Retirement Date follows his Normal
Retirement Date.
The deferred retirement benefit for the Participant on his Retirement Date shall not be less than the
monthly benefit which is the Actuarial Equivalent of his Required Contribution Account on such date.
The amount of payment under any form (other than the Normal Form) shall be determined as provided
under the OPTIONAL FORMS OF DISTRIBUTION AND DISTRIBUTION REQUIREMENTS SECTION of Article VI.
After the Participant ceases to be an Employee, the deferred retirement benefit shall not decrease because of
any post -separation social security benefit increase. If he again becomes na Active Participant, such a decrease
shall also not apply to any deferred retirement benefit to which he was entitled before his Reentry Date.
The Participant may receive his Required Contribution Account in a single -sum payment at any time after
he ceases to be an Employee and before his Retirement Date, provided he has not again become an Employee.
If such amount is not payable under the provisions of the SMALL AMOUNTS SECTION of Article IX, it will be
distributed only if the Participant so elects. Such payment shall result in all or a portion of his Accrued Benefit
being disregarded.
If, after any single -sum distribution above which occurs before a Participant's Retirement Date, the Present
Value of the Participant's remaining vested Accrued Benefit payable at Normal Retirement Date is $3,500 or less,
the Participant may receive the entire Present Value in a single -sum payment, provided he has not again become
an Employee. Such amount will be distributed only if the Participant so elects. Such payment shall result in all
of the Participant's Accrued Benefit being disregarded and shall be in full settlement of all benefits otherwise
payable.
ARTICLE V 34 (59448)
If the Participant dies before his Annuity Starting Date, death benefits shall be distributed according to the
provisions of the DEATH BENEFITS SECTION of Article V.
SECTION 5.03--DISABILITY BENEFITS.
If an Active Participant becomes Totally and Permanently Disabled before his Retirement Date (Normal
Retirement Date, if earlier), a disability benefit shall be payable to him.
The disability benefit payable to a Participant who becomes Totally and Permanently Disabled is an
immediate monthly benefit equal to his Accrued Benefit on the day before his monthly disability benefit begins,
but not less than 25% of his Average Compensation as of such date.
Monthly disability benefit payments shall begin on the earliest first day of the month on or after the date
the Participant meets the requirements under this section. Such payments shall continue through the first day
of the month before the earliest of his Retirement Date (Normal Retirement Date, if earlier), the date of his death
or the day following the date he is no longer Totally and Permanently Disabled.
If the payments continue through the first day of the month before the Participant's Retirement Date
(Normal Retirement Date, if earlier), retirement benefits shall be provided for him on his Retirement Date under
the provisions of Article IV as if he were an Active Participant. His Accrued Benefit shall be equal to his Accrued
Benefit as of the day before the disability benefit began. However, such Accrued Benefit shall not be less than
the amount of monthly disability payment paid to him under this section. If, before the Participant's Retirement
Date (Normal Retirement Date, if earlier), he recovers and returns to active work for the Employer within one
month of his recovery, the payments shall stop and he shall again become an Active Participant under the
ACTIVE PARTICIPANT SECTION of Article If. if, before the Participant's Retirement Date (Normal Retirement
Date, if earlier), he recovers and does not return to active work for the Employer within one month of his
recovery, the payments shall stop and his benefits shall be redetermined, on the date he ceased to be an
Employee, under the VESTED BENEFITS SECTION of Article V.
ARTICLE V 35 (59448)
ARTICLE VI
WHEN BENEFITS START AND DISTRIBUTION OF BENEFITS
SECTION 6.01--WHEN BENEFITS START
Benefits under the Plan begin when a Participant retires, dies, ceases to be an Employee, or becomes
Totally and Permanently Disabled, whichever applies, as provided in Article IV and Article V. Benefits may begin
on an earlier date to the extent necessary to avoid a violation of Code Section 415 or 4111b).
Benefits shall begin by the Participant's Required Beginning Date, as defined in the OPTIONAL FORMS OF
DISTRIBUTION AND DISTRIBUTION REQUIREMENTS SECTION of Article VI.
SECTION 6.02--AUTOMATIC FORMS OF DISTRIBUTION
The automatic form of retirement benefit for a Participant who does not die before his Annuity Starting
Date shall be the Qualified Joint and Survivor Form. The amount of payment under the Qualified Joint and
Survivor Form shall be determined as provided in the OPTIONALFORMS OF DISTRIBUTION AND DISTRIBUTION
REQUIREMENTS SECTION of Article VI.
The automatic form of death benefit for a Participant who dies before his Annuity Starting Date is
determined according to the provisions of the DEATH BENEFITS SECTION of Article VI.
SECTION 6.03--OPTIONAL FORMS OF DISTRIBUTION
AND DISTRIBUTION REQUIREMENTS.
(a) For purposes of this section, the following terms are defined:
Designated Beneficiary means the individual who is designated as the beneficiary under the Plan
in accordance with Code Section 401(a)(9) and the proposed regulations thereunder.
Distribution Calendar Year means a calendar year for which a minimum distributionis required. For
distributions beginning before the Participant's death, the first Distribution Calendar Year is the
calendar year immediately preceding the calendar year which contains the Participant's Required
Beginning Date. For distributions beginning after the Participant's death, the first Distribution
Calendar Year is the calendar year in which distributions are required to begin pursuant to (h) below.
Joint and Last Survivor Expectancy means the joint and last survivor expectancy calculated using
the attained age of the Participant (or Designated Beneficiary) as of the Participant's (or Designated
Beneficiary's) birthday in the applicable calendar year. The applicable calendar year shall be the
Distribution Calendar Year. If annuity payments commence before the Required Beginning Date,
the applicable calendar year is the year such payments commence. Joint and Last Survivor
Expectancy is computed by use of the expected return multiples in Table VI of section 1.72-9 of
the Income Tax Regulations.
ARTICLE VI 36 (59448)
Life Expectancy means the life expectancy calculated using the attained age of the Participant (or
Designated Beneficiary) as of the Participant's (or Designated Beneficiary's) birthday in the
applicable calendar year. The applicable calendar year shall be the Distribution Calendar Year. If
annuity payments commence before the Required Beginning Date, the applicable calendar year is
the year such payments commence. Life Expectancy is computed by use of the expected return
multiples in Table V of section 1.72-9 of the Income Tax Regulations.
Required Beginning Date means, for a Participant, the later of the April 1 following the calendar year
in which a Participant attains age 70 1/2 or the April 1 of the year following the calendar year in
which retirement occurs.
(b) The optional forms of retirement benefit shall be the following: a straight life annuity; single life
annuities with certain periods of five, ten or fifteen years; and survivorship life annuities with
survivorship percentages of 50, 66 2/3 or 100. The benefit payable on any optional annuity form
available above (other than the Normal Form) shall be the Actuarial Equivalent of the benefit that
would otherwise be payable on the Normal Form.
Election of an optional form is subject to the qualified election provisions of Article VI,
Any annuity contract distributed shall be nontransferable. The terms of any annuity contract
purchased and distributed by the Plan to a Participant or spouse shall comply with the requirements
of this Plan.
(c) The optional forms of death benefit are any annuity that is an optional form of retirement benefit.
(d) Subject to the AUTOMATIC FORMS OF DISTRIBUTION SECTION of Article VI, joint and survivor
annuity requirements, the requirements of this section shall apply to any distribution of a
Participant's interest and will take precedence over any inconsistent provisions of this Plan. Unless
otherwise specified, the provisions of this section apply to calendar years beginning after December
31, 1984.
All distributions required under this section shall be determined and made in accordance with the
proposed regulations under Code Section 401(a)(9), including the minimum distribution incidental
benefit requirement of section 1.401(a)(9)-2 of the proposed regulations.
(a) Required Beginning Date. The entire interest of a Participant must be distributed or begin to be
distributed no later than the Participant's Required Beginning Date.
(f) Limits on Distribution Periods. As of the first Distribution Calendar Year, distributions, if not made
in a single sum, may only be made over one of the following periods (or combination thereof):
(1) the life of the Participant,
(2) the life of the Participant and a Designated Beneficiary,
(3) a period certain not extending beyond the Life Expectancy of the Participant, or
ARTICLE VI 37 (59448)
(4) a period certain not extending beyond the Joint and Last Survivor Expectancy of the
Participant and a Designated Beneficiary.
(g) Determination of amount to be distributed each year.
(1) If the Participant's interest is to be paid in the form of annuity distributions under the Plan,
payment under the annuity shall satisfy the following requirements:
(i) the annuity distributions must be paid in periodic payments made at intervals not
longer than one year;
(iil the distribution period must be over a life (or lives) or over a period certain not longer
than a Life Expectancy (or Joint and Last Survivor Expectancy) described in Code
Section 401(a)19)(Mii) or Code Section 401(a)(9)(8)(iii), whichever is applicable;
(iii) the Life Expectancy (or Joint and Last Survivor Expectancy) for purposes of
determining the period certain shall be determined without recalculation of Life
Expectancy;
(iv) once payments have begun over a period certain, the period certain may not be
lengthened even if the period certain is shorter than the maximum permitted;
(v) payments must either be nonincreasing or increase only as follows:
la) with any percentage increase in a specified and generally recognized cost -of -
living index;
(b) to the extent of the reduction to the amount of the Participant's payments to
provide for a survivor benefit upon death, but only if the Beneficiary whose life
was being used to determine the distribution period described in (f) above dies
and the payments continue otherwise in accordance with If) above over the life
of the Participant;
(c) to provide cash refunds of employees contributions upon the Participant's
death; or
�(d) because of an increase in benefits under the Plan.
NO If the annuity is a life annuity (or a life annuity with a period certain not exceeding 20
years), the amount which must be distributed on or before the Participant's Required
Beginning Date (or, in the case of distributions after the death of the Participant, the
date distributions are required to begin pursuant to IN below) shall be the payment
which is required for one payment interval. The second payment need not be made
until the end of the next payment interval even if that payment interval ends in the
next calendar year. Payment intervals are the period for which payments are received,
e.g., bimonthly, monthly, semi-annually, or annually.
ARTICLE VI 38 (59448)
If the annuity is a period certain annuity without a life contingency (or is a life annuity
with a period certain exceeding 20 years) periodic payments for each Distribution
Calendar Year shall be combined and treated as an annual amount. The amount which
must be distributed by the Participant's Required Beginning Date (or, in the case of
distributions after the death of the Participant, the date distributions are required to
begin pursuant to (h) below) is the annual amount for the first Distribution Calendar
Year. The annual amount for other Distribution Calendar Years, including the annual
amount for the calendar year in which the Participant's Required Beginning Date (or
the date distributions are required to begin pursuant to (h) below) occurs, must be
distributed on or before December 31 of the calendar year for which the distribution
is required.
(2) Annuities purchased after December 31, 1988, are subject to the following additional
conditions:
Unless the Participant's spouse lathe Designated Beneficiary, if the Participant's
interest is being distributed in the form of a period certain annuity without a life
contingency, the period certain as of the beginning of the first Distribution
Calendar Year may not exceed the applicable period determined using the table
set forth in Q&A A-5 of section 1.401(a)(9)-2 of the proposed regulations.
(u) If the Participant's interest is being distributed in the form of a joint and survivor
annuity for the joint lives of the Participant and a nonspouse Beneficiary,
annuity payments to be made on or after the Participant's Required Beginning
Date to the Designated Beneficiary after the Participant's death must not at any
time exceed the applicable percentage of the annuity payment for such period
that would have been payable to the Participant using the table set forth in
Q&A A-6 of section 4.01(a)(9)-2 of the proposed regulations.
(iii) Transitional rule. If payment under an annuity which complies with (1) above
begins prior to January 1, 1989, the minimum distribution requirements in
effect as of July 27, 1987, shall apply to distributions from this Plan, regardless
of whether the annuity form of payment is irrevocable. This transitional rule
also applies to deferred annuity contracts distributed to or owned by the
employee prior to January 1, 1989, unless additional contributions are made
under the Plan by the Employer with respect to such contract.
(iv) If the form of distribution is an annuity made in accordance with this (g), any
additional benefits accruing to the Participant after his Required Beginning Date
shall be distributed as a separate and identifiable component of the annuity
beginning with the first payment interval ending in the calendar year in which
such amount accrues.
(v) Any part of the Participant's interest which is in the form of an individual
account shall be distributed in a manner satisfying the requirements of Code
Section 401(a)(9) and the proposed regulations thereunder.
(h) Death Distribution Provisions.
ARTICLE VI 39 (59448)
(1) Distribution beginning before death. If the Participant dies after distribution of his
interest has begun, the remaining portion of such interest will continue to be
distributed at least as rapidly as under the method of distribution being used prior to
the Participant's death.
(2) Distribution beginning after death. If the Participant dies before the distribution of his
interest begins, distribution of the Participant's entire interest shall be completed by
December 31 of the calendar year containing the fifth anniversary of the Participant's
death except to the extent that an election is made to receive distributions in
accordance with (i) or Of below:
(i) If any portion of the Participant's interest is payable to a Designated Beneficiary,
distributions may be made over the life or over a period certain not greater than
the Life Expectancy of the Designated Beneficiary commencing on or before
December 31 of the calendar year immediately following the calendar year in
which the Participant died;
(ii) If the Designated Beneficiary is the Participant's surviving spouse, the date
distributions are required to begin in accordance with (i) above shall not be
earlier than the later of (a) December 31 of the calendar year immediately
following the calendar year in which the Participant died and (b) December 31
of the calendar year in which the Participant would have attained age 70 1 /2.
If the Participant has not made an election pursuant to this (2) by the time of his
death, the Participant's Designated Beneficiary must elect the method of distribution
no later than the earlier of (a) December 31 of the calendar year in which distributions
would be required to begin under this (h), or (b) December 31 of the calendar year
which contains the fifth anniversary of the date of death of the Participant. If the
Participant has no Designated Beneficiary, or if the Designated Beneficiary does not
elect a method of distribution, distribution of the Participant's entire interest must be
completed by December 31 of the calendar year containing the fifth anniversary of the
Participant's death.
13) For purposes of (2) above, if the surviving spouse dies after the Participant, but before
payments to such spouse begin, the provisions of (2) above, with the exception of (ii)
therein, shall be applied as if the surviving spouse were the Participant.
(4) For purposes of this (h), any amount paid to a child of the Participant will be treated
as if it had been paid to the surviving spouse if the amount becomes payable to the
surviving souse when the child reaches the age of majority.
(5) For the purpose of this (h), distribution f a Participant's interest is considered to begin
on the Participant's Required Beginning Date (or, if (3) above is applicable, the date
distribution is required to begin to the surviving spouse pursuant to (2) above). If
distribution in the form of an annuity described in (g) above irrevocably commences
to the Participant before the Required Beginning Date, the date distribution is
considered to begin is the date distribution actually commences.
ARTICLE VI 40 (59448)
SECTION 6.04--ELECTION PROCEDURES.
The Participant, Beneficiary, or spouse shall make any election under this section in writing. The Plan
Administrator may require such individual to complete and sign any necessary documents as to the provisions
to be made.
(a) Retirement Benefits. A Participant may elect his Beneficiary or Contingent Annuitant and may elect
to have retirement benefits distributed under any of the optional forms of retirement benefit
described in the OPTIONAL FORMS OF DISTRIBUTION AND DISTRIBUTION REQUIREMENTS
SECTION of Article VI.
(b) Death Benefits. A Participant may elect his Beneficiary for any single -sum death benefits and may
elect to have such death benefits distributed under any of the optional forms of death benefit
described in the OPTIONAL FORMS OF DISTRIBUTION AND DISTRIBUTION REQUIREMENTS
SECTION of Article VI.
The Participant may waive the Qualified Preretirement Survivor Annuity by electing not to have the
single -sum death benefit used to provide a minimum Qualified Preretirement Survivor Annuity as
described in the DEATH BENEFITS SECTION of Article V. If the Participant makes this election, the
single -sum death benefit shall be paid as if the requirements of subsection (a) of the DEATH
BENEFITS SECTION of Article V have not been met.
If the Participant has not elected an optional form of distribution for the death benefit payable to
his Beneficiary, the Beneficiary may, for his own benefit, elect the form of distribution, in like
manner as a Participant.
The spouse may waive the Qualified Preretirement Survivor Annuity by electing not to have the
single -sum death benefit used to provide a minimum Qualified Preretirement Survivor Annuity as
described in the DEATH BENEFITS SECTION of Article V. If the spouse makes this election, the
single -sum death benefit shall be paid as if the requirements of subsection (a) of the DEATH
BENEFITS SECTION of Article V had not been met and the Participant had named his spouse as
Beneficiary.
In lieu of the Qualified Preretirement Survivor Annuity described in the DEATH BENEFITS SECTION
of Article V, the spouse may, for his own benefit, waive the Qualified Preretirement Survivor
Annuity by electing to have the benefit distributed under any of the optional forms of death benefit
described in the OPTIONAL FORMS OF DISTRIBUTION AND DISTRIBUTION REQUIREMENTS
SECTION of Article VI.
(c) Qualified Election. The Participant, Beneficiary, or spouse may make an election at any time during
the election period. The Participant, Beneficiary, or spouse may revoke the election made (or make
a new election) at any time and any number of times during the election period.
The Participant may make an election as to death benefits at any time before he dies. The spouse's
election period begins on the date the Participant dies and ends on the date benefits begin. The
Beneficiary's election period begins on the date the Participant dies and ends on the date benefits
begin.
ARTICLE VI 41 (59448)
SECTION 6.05--TRANSITIONAL RULES.
In modification of the preceding provisions of this article, distributions may be made in a form which would
not have caused this Plan to be disqualified under Code Section 401(a)(9) as in effect before the TEFRA
Compliance Date. The form must be elected by the Participant or, if the Participant has died, by the Beneficiary.
The election must be made in writing and signed before January 1, 1984. The election will only be applicable
if the Participant has an Accrued Benefit as of December 31, 1983. The Participant's or Beneficiary's election
must specify when the distribution is to begin, the form of distribution and the Contingent Annuitant and/or
Beneficiaries listed in the order of priority, if applicable. A distribution upon death will not be covered by this
transitional rule unless the election contains the required information described above with respect tot he
distributions to be made when the Participant dies. Distributions in the process of payment on January 1, 1984,
are deemed to meet the above requirements if the form of distribution was elected in writing and the form met
the requirements of Code Section 401(a)(9) as in effect before the TEFRA Compliance Date. If the election under
this paragraph is revoked any subsequent distribution must meet the requirements of Code Section 401(a)(9)
and the proposed regulations are required to begin, the Plan must distribute by the end of the calendar year
following the calendar year in which the revocation occurs the total amount not yet distributed which would have
been required to have been distributed to satisfy Code 'Section 401(a)(9) and the proposed regulations
thereunder, but for the TEFRA Section 242(b)(2) election. For calendar years beginning after December 31,
1988, such distribution must meet the minimum distribution incidental benefit requirements in section
1.401(a)(9)-2 of the proposed regulations. any changes in the election will be considered a revocation of the
election. However, the mere substitution or addition of another Beneficiary lone not named in the election) under
the election will not be considered to be a revocation of the election, so long as such substitution or addition
does not alter the period over which distributions are to be made under the election, directly or indirectly (for
example, by altering the relevant measuring life).
ARTICLE VI 42 (59448)
ARTICLE VII
TERMINATION OF PLAN
The Employer expects to continue the Plan indefinitely but reserves the right to terminate the Plan in whole
or in part at any time upon giving written notice to all parties concerned.
A Participant shall be fully (100%) vested in his Accrued Benefit upon termination of the Plan. Upon
complete termination of Plan, no further Employees shall become Participants, and no further Contributions shall
be made except as may be required by any governmental agency to which the Plan's termination is subject.
This Plan is not subject to Title IV of the Employee Retirement Income Security Act of 1974 (ERISA),
benefits are not insured by the Pension Benefit Guaranty Corporation, and the Participant's recourse will be
limited to plan assets. However, the assets of the Plan that are available to provide benefits shall be allocated
and applied as of the effective date of termination of Plan according to any rules, regulations, interpretations,
or opinions implementing said Title IV or any other equitable method as determined by the Plan Administrator
and agreed upon by the Insurer.
No part of the Plan assets shall be paid to the employer at any time, except that, after the satisfaction of
all liabilities under the Plan, any assets remaining will be paid to the Employer. The payment may not be made
if it would contravene any provision of law.
ARTICLE VII 43 (59448)
ARTICLE VIII
ADMINISTRATION OF PLAN
SECTION 8.01--BOARD OF TRUSTEES.
A. The sole and exclusive administration of and the responsibility for the proper operation of the Plan
and for making effective the provisions of this resolution are hereby vested in a Board of Trustees.
The Board of Trustees is hereby designated as the Plan Administrator.
B. The Board of Trustees shall consist of five 15) Trustees, two of whom, unless otherwise prohibited
by law, shall be legal residents of the City, who shall be appointed by The City of Edgewater City
Council and two of whom shall be Members of the City of Edgewater Police Department who shall
be elected by a majority of the Police Officers who are Members of the Plan. The fifth Trustee, who
shall also be a legal resident of the City of Edgewater, shall be chosen by a majority of the previous
four Trustees as provided for herein and such person's name shall be submitted to the City of
Edgewater City Council. Upon receipt of the fifth person's name, the City of Edgewater City
Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee.
The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected
as herein provided and shall serve a two 121 year term unless he sooner vacates the office. Each
City Council appointed Trustee shall serve as Trustee for a period of two (2) years unless he sooner
vacates the office or is sooner replaced by the City of Edgewater City Council at whose pleasure
he shall serve. Each Police Officer Trustee shall serve as Trustee for a period of two (2) years,
unless he sooner leaves the employment of the City as a Police Officer or otherwise vacates his
office as Trustee, whereupon a successor shall be chosen in the same manner as the departing
Police Officer Trustee. Each Trustee may succeed himself in office. The Board shall establish and
administer the nominating and election procedures for electing the fifth Trustee and Officers of the
Board of Trustees.
C. The Board shall meet at least quarterly each year.
D. The Board shall be a legal entity with, in addition to other powers and responsibilities contained
herein, the power to bring and defend lawsuits of every kind, nature, and description.
E. The City Attorney shall give advice to said Board of Trustees in all matters pertaining to their duties
in the administration of the Plan whenever requested; and shall represent and defend said board as
its attorney in all suits and actions at law or in equity that may be brought against it and bring all
suits and actions in its behalf that may be required or determined upon by said Board. However,
if the Board of Trustees so elects, it may employ independent legal counsel at the pension fund's
expense for the purposes contained herein, together with such other professional, technical, or
other advisers as the Board deems necessary.
F. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the
Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board.
ARTICLE VIII 44 (59448)
G. The Trustees shall not receive any compensation as such, but may receive expenses and per diem
as provided by law.
H. Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be
necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have the
right to abstain from voting as the result of a conflict of interest provided that Trustee complies
with the provisions of Section 112.3143, Florida Statutes.
I. The Board of Trustees shall engage such actuarial, accounting, legal, and other services as shall be
required to transact the business of the Plan. The compensation of all persons engaged by the
Board and all other expenses of the Board necessary for the operation of the Plan shall be paid from
the Pension Fund at such rates and in such amounts as the Board shall agree.
J. The duties and responsibilities of the Board shall include, but not necessarily be limited to the
following:
1. To construe the provisions of the Plan and determine all questions arising thereunder.
2. To determine all questions relating to eligibility and participation.
3. To determine and certify the amount of all retirement allowances or other benefits hereunder.
4. To establish uniform rules and procedures to be followed for administrative purposes, benefit
applications and all matters required to administer the Plan.
5. To distribute to Participants, at regular intervals, information concerning the Plan.
6. To receive and process all applications for benefits.
7. To authorize all payments whatsoever from the Plan, and to notify the disbursing agent, in
writing, of approved benefit payments and other expenditures arising through operation of
the Plan.
8. To have performed actuarial duties and valuations, at least as often as required by law, and
make recommendations regarding any and all changes in the provisions of the Plan.
9. Annually on or before March 15th the Trustees must submit the following information on the
State of Florida Division of Retirement:
(a) A certified copy of each and every Instrument constituting or evidencing the Plan.
(b) An independent audit by a Certified Public Accountant for the most recent fiscal year
of the City of Edgewater showing a detailed listing of the assets and a statement of
all income and disbursements during the year. Such income and disbursements must
be reconciled with the assets at the beginning and end of the year.
(c) A certified statement listing the investments of the plan and a description of the
methods used in valuing the investments.
ARTICLE VIII 45 (59448)
(d) A statistical exhibit showing the total number of policemen, the number included in the
plan, and the number ineligible classified according to the reasons for their being
ineligible. _
(e) A statement of the amount the municipality and other income sources have
contributed toward the plan or will contribute toward the plan for the current calendar
year.
When any of these items would be identical with the corresponding item submitted for a
previous year, it is not necessary for the Trustees to submit duplicate information if they
make reference to the item in such previous year's report.
These duties and responsibilities shall not be interpreted to authorize the Board to amend the
Plan. The Plan shall only be amended upon approval of the City Council.
K. Where any action which the Board is required to take or any duty or function which it is required
to perform either under the terms herein or under the general law applicable to it as Trustee under
this resolution can reasonably be taken or performed only after receipt by it from a Participant, the
City, or any other entity, of specific information, certification, direction or instructions, the Board
shall be free of liability in failing to take such action or perform such duty or function until such
information, certification, direction or instruction has been received by it.
L. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments
and benefits herein provided for.
M. In any application to or proceeding or action in the courts, only the.Board shall be a necessary
party, and no Participant or other person having an interest in the fond shall be entitled to any
notice or service of process. Any judgment entered in such a proceeding or action shall be
conclusive upon all persons.
Any of the foregoing powers and functions reposed in the Board may be performed or carried out
hi
by the Board through duly authorized agents provided that the Board at all times maintains
continuous supervision over the acts of any such agent; provided further, that legal title to said
Fund shall always remain in the Board.
SECTION 8.02--RECORDS.
All acts and determinations of the Plan Administrator shall be duly recorded. All these records, together
with other documents necessary for the administration of the Plan, shall be preserved in the Plan Administrator's
custody.
Writing (handwriting, typing, printing) photostating, photographing, microfilming, magnetic impulse,
mechanical or electrical recording or other forms of data compilation shall be acceptable means of keeping
records.
ARTICLE Vill 46 (59448)
SECTION 8.03--INFORMATION AVAILABLE.
Any Participant in the Plan or any Beneficiary may examine copies of the Plan description, latest annual
report, any bargaining agreement, this Plan, the Group Contract or any other instrument under which the Plan
was established or is operated. The Plan Administrator shall maintain all of the items listed in this section in its
office, or in such other place or places as it may designate in order to comply with governmental regulations.
These items may be examined during reasonable business hours. Upon the written request of a Participant or
Beneficiary receiving benefits under the Plan, the Plan Administrator will furnish him with a copy of any of these
items. The Plan Administrator may make a reasonable charge to the requesting person for the copy.
SECTION 8.04--DELEGATION OF AUTHORITY.
All or any pan of the administrative duties and responsibilities under this article may be delegated by the
Plan Administrator to a retirement committee. The duties and responsibilities of the retirement committee shall
be set out in a separate written agreement.
ARTICLE VIII 47 (59448)
ARTICLE IX
GENERAL PROVISIONS
SECTION 9.01--AMENDMENTS
The Employer may amend this Plan at any time, including any remedial retroactive changes (within the
specified period of time as may be determined by Internal Revenue Service regulations) to comply with the
requirements of any law or regulation issued by any governmental agency to which the Plan is subject. An
amendment (including a change in the actuarial basis for determining optional retirement benefits) may not
diminish or adversely affect any accrued interest or benefit of Participants or their beneficiaries nor allow
reversion or diversion of Plan assets to the Employer at any time, except as may be necessary to comply with
the requirements of any law or regulation issued by any governmental agency to which the Plan is subject.
If the Group Contract is amended to change the actuarial basis used to determine benefits payable under
the Plan and the amendment is subject to the contractholder's discretion, any benefit payable on or after the
effective date of such amendment which is attributable to a Participant's Accrued Benefit as of such effective
date, shall not be less than the amount of benefit the Participant would have received if the actuarial basis had
not been changed.
SECTION 9.02--DIRECT ROLLOVERS
This section applies to distributions made on or after January 1, 1993, 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 paid directly to an Eligible Retirement Plan, specified by the Distributee, in a Direct Rollover.
SECTION 9.03--PROVISIONS RELATING TO THE INSURER.
The obligations of the Insurer shall be governed solely by the provisions of the Group Contract. The
Insurer shall not be required to perform any act not provided in or contrary to the provisions of the Group
Contract. See the CONSTRUCTION SECTION of this article.
The Insurer is not a party to the Plan, nor bound in any way by the Plan provisions. It shall not be required
to look to the terms of this Plan, nor to determine whether the Employer or the Plan Administrator have the
authority to act in any particular manner or to make any contract or agreement.
Until notice of any amendment or termination of this Plan has been received by the Insurer at its home
office, the Insurer is and shall be fully protected in assuming that the Plan has not been amended or terminated
according to the latest information which it has received at its home office.
SECTION 9.04--EMPLOYMENT STATUS.
Nothing contained in this Plan gives an Employee the right to be retained in the Employer's employ or to
interfere with the Employer's right to discharge any Employee.
ARTICLE IX 48 159448)
SECTION 9.05--RIGHTS TO PLAN ASSETS.
No Employee shall have any right to or interest in any assets of the Plan upon termination of his
employment or otherwise except as specifically provided under this Plan, and then only to the extent of the
benefits payable to such Employee in accordance with Plan provisions.
Any final payment or distribution to a Participant or his legal representative or to any Beneficiaries, spouse
or Contingent Annuitant of such Participant under the Plan provisions shall be in full satisfaction of all claims
against the Plan, the Plan Administrator, the Insurer, and the Employer arising under or by virtue of the Plan.
SECTION 9.06--BENEFICIARY.
Each Participant may name a Beneficiary to receive any death benefit lother than any income payable to
a Contingent Annuitant) that may arise out of his participation in the Plan. The Participant may change his
Beneficiary from time to time. Unless an election has been made, for purposes of distributing any death benefits
before Retirement Date, the Beneficiary of a Participant who has a spouse who is entitled to a Qualified
Preretirement Survivor Annuity shall be the Participant's spouse. the Participant's Beneficiary designation and
any change of Beneficiary shall be subject to the provisions of the ELECTION PROCEDURES SECTION of Article
VI. It is the responsibility of the Participant to give written notice to the Insurer of the name of the Beneficiary
on a form furnished for that purpose.
With the Employer's consent, the Plan Administrator may maintain records of Beneficiary designations for
Participants before their Retirement Dates. In that event, the written designations made by Participants shall be
filed with the Plan Administrator. If a Participant dies before his Retirement Date, the Plan Administrator shall
certify to the Insurer the Beneficiary designation on its records for the Participant.
If, at the death of a Participant, there is no Beneficiary named or surviving, any death benefit under the
Group Contract shall be paid under the applicable provisions of the Group Contract.
SECTION 9.07--NONALIENATION OF BENEFITS.
Benefits payable under the Plan are not subject to the claims of any creditor of any Participant, Beneficiary,
spouse or Contingent Annuitant. A Participant, Beneficiary, spouse or Contingent Annuitant does not have any
rights to alienate, anticipate, commute, pledge, encumber or assign any of such benefits.
SECTION 9.08--CONSTRUCTION.
The validity of the Plan or any of its provisions is determined under and construed according to Florida
state law. In case any provision of this Plan is held illegal or invalid for any reason, such determination shall not
affect the remaining provisions of this Plan, and the Plan shall be construed and enforced as if the illegal or
invalid provision had never been included.
In the event of any conflict between the provisions of the Plan and the terms of any contract or policy
issued hereunder, the provisions of the Plan control the operation and administration of the Plan.
ARTICLE IX 49 159448)
SECTION 9.09--LEGAL ACTIONS
The Plan and the Plan Administrator are the necessary parties to any action or proceeding involving the
assets held with respect to the Plan or administration of the Plan. No person employed by the Employer, no
Participant, former Participant or their Beneficiaries or any other person having or claiming to have an interest
in the Plan is entitled to any notice of process. A final judgment entered in any such action or proceeding shall
be binding and conclusive on all persons having or claiming to have an interest in the Plan.
SECTION 9.10--SMALL AMOUNTS.
If the Present Value of the Participant's vested Accrued Benefit has never exceeded $3,500, such Present
Value shall be payable in a single sum as of the Participant's Retirement Date or the date he ceases to be an
Employee for any reason other than death. If the Participant's vested Accrued Benefit is zero on the date he
ceases to be an Employee for any reason other than death, he shall be deemed to have received a single -sum
payment of the Present Value of his vested Accrued Benefit on such date. This is a small amounts payment.
Such small amounts payment shall be made to the Participant. Such small amounts payment shall result in all
of a Participant's Accrued Benefit being disregarded and is in full settlement of all benefits otherwise payable.
If the Present Value of the Qualified Preretirement Survivor Annuity derived from the Participant's Accrued
Benefit and the Participant's Account has never exceeded $3,500, the Present Value of any death benefit shall
be payable in a single sum as of the date the Participant dies if such Present Value is not more than $3,500.
This is a small amounts payment. Such small amounts payment shall be made to the Participant's Beneficiary
(spouse if the death benefit is payable to the spousel. Such small amounts payment is in full settlement of the
death benefit otherwise payable.
No other small amounts payments shall be made.
SECTION 9.11--WORD USAGE.
The masculine gender, where used in this Plan, shall include the feminine gender and the singular words
as used in this Plan may include the plural, unless the context indicates otherwise.
ARTICLE IX 50 159448)
By executing this Plan, the Employer acknowledges having counseled to the extent necessary with
selected legal and tax advisors regarding the Plan's legal and tax implications.
---E-r
Executed this ' day of August 19 qg
ATTEST:
Susan J1 Wadsworth
City Clerk
CITY OOF�E,DGEWA�,FLORIDA
By: \(yuyr Vic- ✓:fl�.�
Louise A. Martin
_Vice Mayor
Title
APPROVED FOR FORM
AND CORRECTNESS:
iirista A. Storey o
City Attorney
PLAN EXECUTION 57
(59448)