HomeMy WebLinkAbout1225_Amending the OkMRF Benefit PlanCITY OF OWASSO, OKLAHOMA
ORDINANCE 1225
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT
PLAN FOR THE CITY OF OWASSO, OKLAHOMA BY ADOPTING A REVISED AND
RESTATED RETIREMENT PLAN; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE
EMPLOYEES OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR PURPOSE AND
ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ELIGIBILITY AND
PARTICIPATION; PROVIDING FOR NON -ALIENATION OF BENEFITS; PROVIDING FOR
EMPLOYER AND EMPLOYEE CONTRIBUTIONS; PROVIDING FOR ACCOUNTING,
ALLOCATION, AND VALUATION; PROVIDING BENEFITS; PROVIDING FOR REQUIRED
NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION; PROVIDING FOR
TRANSFER TO AND FROM OTHER PLANS; CREATING A RETIREMENT COMMITTEE AND
PROVIDING FOR POWERS, DUTIES, AND RIGHTS OF RETIREMENT COMMITTEE;
PROVIDING FOR PAYMENT OF CERTAIN OBLIGATIONS; PROVIDING FOR DURATION
AND PAYMENT OF EXPENSES; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR
VESTING SCHEDULES; PROVIDING FOR A FUND TO FINANCE THE SYSTEM TO BE
POOLED WITH OTHER INCORPORATED CITIES, TOWNS AND THEIR AGENCIES AND
INSTRUMENTALITIES FOR PURPOSES OF ADMINISTRATION, MANAGEMENT, AND
INVESTMENT AS PART OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING
FOR PAYMENT OF ALL CONTRIBUTIONS UNDER THE SYSTEM TO THE OKLAHOMA
MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT; PROVIDING
FOR REPEALER AND SEVERABILITY; ADOPTING THOSE AMENDMENTS MANDATED BY
THE INTERNAL REVENUE CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
Section 1: That pursuant to the authority conferred by the laws of the State of Oklahoma, and
for the purpose of encouraging continuity and meritorious service on the part of City employees
and thereby promote public efficiency, there is hereby authorized created, established, and
approved and adopted, effective as of January 1, 2025, the amended and restated Plan
designated "Employee Retirement System of the City of Owasso, Oklahoma, Defined Benefit Plan,"
(hereinafter called System), an executed counterpart of which is marked Exhibit "A" (Joinder
Agreement) and Exhibit "B" (amended and restated plan) and attached hereto as part hereof.
Section 2. FUND.
A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits
under the System. All contributions to such fund shall be paid over to and received in trust for such
purpose by the City. Such Fund shall be pooled for purposes of management and investment with
similar funds of other incorporated cities, towns, and municipal trusts in the State of Oklahoma as
a part of the Oklahoma Municipal Retirement Fund in accordance with the trust agreement of
the Oklahoma Municipal Retirement Fund, a public trust. The City shall hold such contributions in
the form received, and from time to time pay over and transfer the same to the Oklahoma
Municipal Retirement Fund, as duly authorized and directed by the Board of Trustees. The Fund
shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is
made to the County Excise Board.
Section 3. APPROPRIATIONS.
The City of Owasso, Oklahoma, is hereby authorized to incur the necessary expenses for the
establishment, operation, and administration of the System, and to appropriate and pay the
Ordinance 1225
Page 1 of 2
same. In addition, the City of Owasso, Oklahoma, is hereby authorized to appropriate annually
such amounts as are required in addition to employee contributions to maintain the System and
the Fund in accordance with the provisions of the Defined Benefit Plan. Any appropriation so
made to maintain the System and Fund shall be for deferred wages or salaries, and for the
payment of necessary expenses of operation and administration to be transferred to the trustees
of the Oklahoma Municipal Retirement Fund for such purposes and shall be paid into the Fund
when available, to be duly transferred to the Oklahoma Municipal Retirement Fund.
Section 4. EXECUTION.
The Mayor and City Clerk be and they are each hereby authorized and directed to execute (in
counterparts, each of which shall constitute an original) the System instrument, and to do all other
acts and things necessary, advisable, and proper to put said System and related trust into full force
and effect, and to make such changes therein as may be necessary to qualify the same under
Sections 401(a) and 501 (a) of the Internal Revenue Code of the United States. The counterpart
attached hereto as Exhibit "A" and Exhibit "B", which has been duly executed as aforesaid
simultaneously with the passage of this Ordinance and made a part hereof, is hereby ratified and
confirmed in all respects.
This Committee is hereby authorized and directed to proceed immediately on behalf of the City
of Owasso, Oklahoma, to pool and combine the Fund into the Oklahoma Municipal Retirement
Fund as a part thereof, with similar funds of such other cities and towns, for purposes of pooled
management and investment.
Section S. REPEALER. Any Ordinance inconsistent with the terms and provisions of this
Ordinance is hereby repealed, provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this Ordinance.
Section 6. SEVERABILITY.
If, regardless of cause, any section, subsection, paragraph, sentence or clause of this Ordinance,
including the System as set forth in Exhibit "A" and Exhibit "B", is held invalid or to be
unconstitutional, the remaining sections, subsections, paragraphs, sentences, or clauses shall
continue in full force and effect and shall be construed thereafter as being the entire provisions
of this Ordinance.
***END***
PASSED AND ADOPTED 19th day of November, 2024
By aL4���
Alvin Fruga, Mayor
A
APP'VEDastofor and legate lity on this Z� day of L o 024,
J Lomb i, City Attorney
Ordinance 1225
Page 2 of 2
Exhibit A
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED BENEFIT PLAN
JOINDER AGREEMENT
City of Owasso [a municipality chartered, incorporated or formed under the laws of Oklahoma], a city, town, agency,
instrumentality, or public trust located in the State of Oklahoma, with its principal office at Owasso, Oklahoma,
hereby establishes a Defined Benefit Plan to be known as City of Owasso Plan (the "Plan") in the form of The
Oklahoma Municipal Retirement Fund Master Defined Benefit Plan.
Except as otherwise provided herein, the definitions in Article II of the Plan apply.
1. Dates.
[ ] This instrument is a new Plan effective _ (the "Effective Date") [such date may not be earlier than the
first day of the Plan Year in which it is executed].
[ X ] This instrument is an amendment, restatement and continuation of the Previous Plan, which was originally
July 1, 1972. The effective date of this Joinder Agreement is Jannary 1, 2025 (the "Effective Date") [such
date may not be prior to the first day of the Plan Year of the date of adoption], except as otherwise stated
in the Plan and the Joinder Agreement.
2. Employee.
The word "Employee" shall mean:
[ X ] Any person other than a Leased Employee who, on or after the Effective Date, is considered to be a regular
full-time employee in accordance with the Employer's standard personnel policies and practices, and is
receiving remuneration for such services rendered to the Employer (including any elected official and any
appointed officer or employee of any department of the Employer, whether governmental or proprietary in
nature), including persons on Authorized Leave of Absence. Employees shall not include independent
contractors or volunteer firefighters. Elected members of the City Council shall not be considered to be
Employees solely by reason of their holding such office.
[ ] Any person other than a Leased Employee who, on or after the Effective Date, is considered to be a regular
employee in accordance with the Employer's standard personnel policies and practices (including part-
time, seasonal and temporary employees), and is receiving remmneration for such services rendered to the
Employer (including any elected official and any appointed officer or employee of any department of the
Employer, whether governmental or proprietary in nature), including persons on Authorized Leave of
Absence. Employees shall not include independent contractors. Elected members of the City Council
shall not be considered to be Employees solely by reason of their holding such office.
[ ] Any person who, on or after the Effective Date, is an employee of the Employer and holds the position of:
[ ] City Manager, City or Town Administrator, President, Chief Executive Officer, General Manager,
or District Manager, as applicable.
[ ] Assistant City Manager [ ] Chief of Police [ ] Fire Chief
[ ] Department Head or Department Manager [ ] Finance Director or Chief Financial Officer
[ ] General Counsel or Municipal Attorney [ ] Municipal Judge
[ ] _ (specify position) [do not specify the name of the individual or a finite group unless the Plan
otherwise provides continuing eligibility to a specified position or group]
The word "Employee" shall not include:
[ X ] Any person who is currently accruing benefits under any other state or local retirement system.
[ ] Any person in the following position and who is covered under another retirement program of system
approved by the City:
[ ] City Manager, City or Town Administrator, President, Chief Executive Officer, General Manager,
or District Manager, as applicable.
[ ] Assistant City Manager [ ] Chief of Police [ ] Fire Chief
[ ] Department Head or Department Manager [ ] Finance Director or Chief Financial Officer
[ ] General Counsel or Municipal Attorney [ ] Municipal Judge
[ ] (specify position) [do not specify the name of the individual or a finite group unless the Plan
otherwise provides continuing eligibility to a specified position or group]
[ ] Any person who is _ [must be definitely determinable]
3. Eligibility.
Eligible Employees shall commence participation in the Plan: (Select only one)
[ ] months (any number of months up to twelve consecutive) after the Employee's Employment
Commencement Date or the date the individual meets the definition of Employee in Section 2 hereof,
provided that the individual has met the definition of Employee in Section 2 hereof throughout such period.
[ X ] On the Employee's Employment Commencement Date.
4. Definition of Compensation.
Compensation shall exclude the item(s) listed below:
[ ] No exclusions.
[ ] Overtime pay. [ X ] Bonuses.
[ X ] Commissions. [ ] Longevity pay. [ X ] Severance pay.
[ X ] Accrued vacation or sick leave paid upon termination of employment and moving expenses.
[ X ] Fringe benefits, expense reimbursements, deferred compensation and welfare benefits.
[ ] Other: [must be definitely determinable]
5. Average Monthly Compensation.
The considered period for purposes of the definition of "Average Monthly Compensation" in Section 2.1 of the
Plan is:
[ X ] sixty (60) consecutive months.
[ ] thirty-six (36) consecutive months.
6. The Employer hereby elects the following Plan design:
[ X ] Mandatory Contribution Option. A Participant shall be required to contribute to the Plan for each Plan
Year the percentage of his Compensation ("Mandatory Contributions") required by the Plan in Section 8
of this Joinder Agreement. Mandatory Contributions shall be made by payroll deductions. A Participant
shall authorize such deductions in writing on forms approved by, and filed with, the Committee.
If the Participant's Mandatory Contributions pursuant to the preceding paragraph are to be taxed deferred:
[ X ] Pick Up Option. The Employer hereby elects to have the provisions of Section 3.4 of the Plan apply.
The Employer shall pick up and pay the percentage of each Participant's Compensation required to
be contributed as of July 1, 1992 [insert date] in lieu of contributions by the Participant. No
Participant shall have the option of receiving the contributed amounts directly as Compensation.
[ ] Non -Contributory Option. Participants shall not be required nor permitted to contribute to the Plan.
7. A. Payment Options. The Employer hereby elects the following minimum number of payments for
employees eligible to receive benefits under Article IV of the Plan:
[ X ] Sixty (60) monthly payments.
[ ] One hundred and twenty (120) monthly payments.
B. Plan Options. The Employer hereby elects the following plan designation and percentage used in
calculating benefits under Section 5.1 of the Plan.
[ ] Plan AAA— 3.00% with no maxhnum Years of Service
[ ] Plan AAA — 3.00% recognizing a maximum of 22 Years of Service
[ X ] Plan AA 2.625% [ ] Plan BB 2.25% [ ] Plan CC 1.875%
[ ] Plan A 1.50% [ ] Plan B 1.125% [ ] Plan C .75%
C. Normal Retirement Age. Normal retirement age shall be:
[ ] age 65 with completion of five (5) Years of Service
[ X ] The earlier of (i) and (ii) as follows:
(i) age 65 with completion of five (5) Years of Service
(ii) the later of (a) or (b), where (a) and (b) are as follows:
(a) [ X ] age 62 [ ]
(b) [ X ] the age at which the Participant has completed 30 Years of Service.
[ ] the age at which the Participant has completed Years of Service
Examples: An employee hired at age 20 who worked for 30 years and terminated at age 50 would
be entitled to unreduced payments at age 62.
An employee hired at age 30 who worked for 25 years and terminated at age 55 would
be entitled to unreduced payments at age 65.
Exhibit A — Page 2
[ ] Modified Rule of 80:
The earlier of (i) and (ii) as follows:
(i) age 65 with completion of five (5) Years of Service
(ii) the later of age 55 and the age at which the sum of the Participant's age in completed years and
the participant's number of completed Years of Service in the Fund total 80 or greater. To be
eligible, the Participant's age plus Years of Service in the Fund must be at least 80 prior to
termination of employment (or, after termination of employment in the case of a Participant who
transfers to another Municipality in accordance with Section 8.1(b) of the Plan).
Examples: 1. An employee hired at age 30 who worked for 25 years and terminated at age 55
would be entitled to unreduced payments immediately. Age 55 plus 25 years equals 80.
2. An employee hired at age 20 who worked for 30 years and terminated at age 50
would be entitled to unreduced payments at age 55. The employee has age plus Years
of Service points at age 50 but the minimum age for payment is 55.
3. An employee hired at age 25 who worked for 25 years and terminated at age 50
would be entitled to unreduced payments at age 65. Age 50 plus 25 years is less than
80, so the Normal Retirement Age is 65.
[Note: The Normal Retirement Age of an employer's plan must comply with the final NRA regulations
under Treas. Reg § 1.401(a)-1(b) applicable to governmental pension plans effective for employees hired
during plan years beginning on or after the close of the first regular legislative session of the legislative
body with the authority to amend the plan that begins on or after the date that is three (3) months after
the final regulations are published in the Federal Register.]
D. Vesting Options. The Employer hereby elects the following vesting option to determine an Employee's
eligibility to receive retirement benefits.
[ ] Ten Year Cliff Vesting Schedule
[ ] Seven Year Cliff Vesting Schedule
[ X ] Five Year Cliff Vesting Schedule
E. Service Credit Prior to Effective Date. The Employer hereby elects to include the following limitation of
service prior to the effective date.
[ X ] No limitation
[ X ] For all purposes under the Plan
[ ] With respect to Service for purposes of vesting and attainment of Normal Retirement Age
[ ] Service credit prior to the effective date shall not exceed years
[ ] For all purposes under the Plan
[ ] With respect to Service for purposes of benefit accruals.
F. Service Buyback. The Employer hereby elects
[ ] No service buyback pursuant to Section 10.10 of the Plan
[ X ] The service buyback provisions of Section 10.10 of the Plan.
G. Service for Worker's Compensation Period. If a Participant is on an Authorized Leave of Absence and is
receiving worker's compensation during such Authorized Leave of Absence, such Participant
[ X ] shall be credited with Service for such period for purposes of vesting only and not for purposes of
benefits, but no Employee contributions shall be made with respect to the Participant for such period.
[ ] shall not be credited with Service for such period.
Exhibit A — Page 3
S. Contributions by Participants.
If Participants are required to contribute to the cost of providing benefits under this Plan, such contributions shall
be based on the plan designation selected in Section 7B above and shall apply to pay periods commencing on and
after July 1, 2001.
a. [ ] The Participant contribution formula in Section 3.3 of the Plan shall use the following percentage for
the Plan Option selected in Section 7B of this Joinder Agreement:
Plan AAA — 6.00%
Plan AA - 5.25% Plan BB - 4.50% Plan CC - 3.75%
Plan A — 3.00% Plan B - 2.25% Plan C - 1.50%
b. [ X ] The contribution formula shall be 4.26% [insert number between 0 and twelve] of compensation.
c. [ ] The contribution as annually determined each year shall be shared by the Participant and Employer as
follows: Employee portion % Employer portion %
(Participant plus Employer percentages must total 100%.)
The contribution will be actuarially determined based on Plan assets and liabilities as of January 1 of each year as a percent of
payroll, which will then be shared between the Employer and Participant as noted above. These contribution rates will be in
effect from July I of that year until June 30 of the subsequent year.
9. Cost -of -Living Option.
For purposes of adjusting retiree and beneficiary pensions, the Employer hereby elects the following:
[ X ] No Cost -of -Living Option.
[ ] Cost -of -Living Option. This election applies to Sections 5.1 (Normal Pension), 5.2 (Early Pension), 5.3
(Disability Pension), 5.4 (Deferred Vested Pension), 6.2 (Death Prior to Commencement of Pension),
6.3(a) and 6.3(b) (Death After Commencement of Pension), and 6.4 (Spouse's Pension) and provides
annual benefit increases or decreases of the smaller of three percent (3%) or the percentage change in the
Consumer Price Index.
The effective date of the Cost -Of -Living Option shall be , the original date that the Employer elected the
Cost -Of -Living Option.
10. Retiree Plan Improvement Option.
Benefits payable to or on behalf of a former Employee under Article V, Article VI, or Article VII of the Plan,
which are due or in the course of payment on or after the Effective Date of this Joinder Agreement, shall
[ ] be increased according to the Plan Option elected herein. Such increased benefits shall be reflected in any
periodic payments due or paid on or after the Effective Date of the Joinder Agreement. It is not intended
for this change to be retroactive and any periodic payments due prior to such date shall not be affected.
[ ] be increased by % effective . Such increased benefits shall be reflected in any periodic payments due or
paid after such date. It is not intended for this change to be retroactive and any periodic payments due prior
to such date shall not be affected.
[ X ] not be increased unless such former Employee is subject to Section 10.8 or 10.9 of the Plan, but shall
continue to be paid under the terms of the Previous Plan.
11. Limitations on Optional Benefit Forms.
Section 7.2 of the Plan provides for a lump sum payment form, an installment payment form that would be
payable over a fixed number of years (at which time all payments would cease), or the purchase of an insured
annuity. The Employer hereby elects the following:
[ X ] Optional benefit forms under Section 7.2 of the Plan will not be permitted.
[ j Optional benefit forms under Section 7.2 of the Plan will be permitted, subject to Retirement Committee
approval for any such elections by a Participant, subject to the following limitation(s):
(The above election has no effect on the joint and survivor optional benefit forms under Section 7.1).
Exhibit A — Page 4
12. Defined Contribution Option.
[ X ] Not applicable.
[ ] Participant shall be entitled to the benefit under this option as described in Sections 3.6 and 6.8 of the
Oklahoma Municipal Retirement Fund Master Defined Benefit Plan, in addition to the benefit determined
according to Section 7B. Each Participant shall be required to contribute to the Plan _% of his or her
Compensation. Those contributions shall be picked up and assumed by the Employer and paid to the Fund
in lieu of contributions by the Participant. No Participant shall have the option of receiving the contributed
amounts directly as Compensation.
This option shall be effective [include the earlier ofthe date this Option was originally adopted in a Joinder
Agreement or the date of adoption in the current Plan Year].
13. The Employer has consulted with and been advised by its attorney concerning the meaning of the
provisions of the Plan and the effect of entry into the Plan.
IN WITNESS WBEREOF the City of Owasso has caused its corporate seal to be affixed he to and this
i strummeentttobe duly e ecuted in its name and behalf by its duly authorized officers this 11'7 y of
9
Attest:
A . i A A. .1
City of Owasso
By: C�K�
C
' c^
� orz tctaL o
SEAS.
'�,�Y<FlHON�P
Exhibit A — Page 5
The foregoing Joinder Agreement is hereby approved by the Oklahoma Municipal Retirement Fund this Zt)_
day of , 2c{
W 1111„u„ OKLAHOMA MUNICIPAL RETIREMENT FUND
""OW
FTi
_Q OFFIC By:
_g. m��
=O. Fii 1� y_ Title:
�o
KLA1
4,1A , uuu,n
(SEAL)
Required Disclosures. This Joinder Agreement is to be used only with the Oklahoma Municipal Retirement Fund Master
Defined Benefit Plan. Failure to properly complete this Joinder Agreement may result in failure of the Plan to qualify under
Code Section 401(a). In accordance with IRS Rev. Proc. 2017-41, the Provider (as defined in Rev. Proc. 2017-41) who has
obtained Internal Revenue Service approval of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan has
authority under the Plan document to amend the Plan on behalf of adopting employers for certain changes in the Code,
regulations, revenue rulings, other statements published by the Internal Revenue Service, including model, sample or other
required good faith amendments. The Provider will inform adopting employers of any such amendments or of the
discontinuance or abandonment of the Pre -Approved Plan document. The name, address and telephone number of the
Provider are: McAfee & Taft A Professional Corporation, Sth Floor, Two Leadership Square, 211 N. Robinson, Oklahoma
City, OK 73102, telephone (405) 552-2231. Any inquiries by the adopting employer regarding the adoption of the Plan, the
meaning of Plan provisions, or the effect of the Internal Revenue Service advisory letter on the Pre -Approved Plan may be
directed to the Provider.
Reliance on Sponsor Opinion Letter. The Provider has obtained from the IRS an Opinion Letter (as defined in Rev. Proc.
201741) specifying the form of this Joinder Agreement and the basic plan document satisfy, as of the date of the Opinion
Letter, Code §401. An adopting Employer may rely on the Preapproved Plan Sponsor's IRS Opinion Letter only to the extent
provided in Rev. Proc. 2017-41. The Employer may not rely on the Opinion Letter in certain other circumstances or with
respect to certain qualification requirements, which are specified in the Opinion Letter and in Rev. Proc. 2017-41 or
subsequent guidance. In order to have reliance in such circumstances or with respect to such qualification requirements, the
Employer must apply for a determination letter to Employee Plans Determinations of the IRS,
KOV 2 3 2m
Exhibit A — Page 6
Exhibit B
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED BENEFIT PLAN
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED BENEFIT PLAN
TABLE OF CONTENTS
Page
ARTICLE I. Purpose and Organization........................................................................................I-1
1.1 Purpose
..............................................................................................................................1-1
1.2 Parties................................................................................................................................I-1
ARTICLE II. Definitions and Construction.................................................................................II-1
2.1 Definitions........................................................................................................................II-1
(a)
Accrued Pension.............................................................................................
II-1
(b)
Actuarial Equivalent.......................................................................................I1-1
(c)
Aggregate Contributions.................................................................................lI-1
(d)
Authorized Agent............................................................................................
lI-2
(e)
Authorized Leave of Absence.........................................................................
II-2
(f)
Average Monthly Compensation....................................................................
II-2
(g)
Beneficiary......................................................................................................II-2
(h)
Break in Service..............................................................................................1I-2
(i)
City Council....................................................................................................
II-2
0)
Code .................................... ............................................................................
II-2
(k)
Committee.......................................................................................................11-2
(1)
Compensation.................................................................................................
II-2
(m)
Contribution Accumulation............................................................................
II-3
(n)
DC Employer Contributions...........................................................................
II-4
(o)
Death Benefit..................................................................................................
II-4
(P)
Deferred Vested Pension.................................................................................II-4
(q)
Disability.........................................................................................................II-4
(r)
Disability Pension...........................................................................................II-4
(s)
Early Pension..................................................................................................
II-4
(t)
Effective Date.................................................................................................
II-4
(u)
Employer.........................................................................................................II-4
(v)
Employment Commencement Date................................................................
II-4
(w)
Fund................................................................................................................
II-4
(x)
Hour of Service...............................................................................................
II-4
(y)
Joinder Agreement..........................................................................................II-4
(z)
Leased Employee............................................................................................
II-4
(aa)
Limitation Compensation................................................................................
II-5
(bb)
Municipality....................................................................................................II-5
(cc)
Normal Pension...............................................................................................
II-5
(dd)
Normal Retirement Date.................................................................................1I-5
(cc)
Oklahoma Municipal Retirement Fund..........................................................
II-5
(ff)
Participant ...................... .................................................................................
II-5
(gg)
Pension............................................................................................................1I-5
(hh)
Plan.................................................................................................................
II-5
(ii) Plan Administrator..........................................................................................
II-5
0j) Plan Year.........................................................................................................1I-5
(kk) Previous Plan ..................................................................................................
II-5
(11) Retirement.......................................................................................................11-6
(mm) Service.............................................................................................................
II-6
(nn) Severance Benefit...........................................................................................II-7
(oo) Spouse.......................................................... ...................................................
II-7
(Pp) Trust Service Provider....................................................................................
II-7
(qq) Trustee.............................................................................................................II-7
(rr) U. S. Consumer Price Index............................................................................
II-7
(ss) Year of Service...............................................................................................
II-7
2.2
Construction.....................................................................................................................II-7
ARTICLEII1. Contributions......................................................................................................
III-1
3.1
Eligibility.......................................................................................................................III-1
3.2
Contributions by Employer............................................................................................III-1
3.3
Contributions by Participants.........................................................................................
III-1
3.4
Pick-up Contributions .................. ..................................................................................
III-2
3.5
Transfer of Contributions...............................................................................................
III-2
3.6
Defined Contribution Option.........................................................................................III-2
ARTICLE IV. Requirements for Retirement Benefits..............................................................IV-1
4.1
Normal Pension..............................................................................................................IV-1
4.2
Early Pension ..................................... ............................................................................
IV -I
4.3
Disability Pension..........................................................................................................IV-1
4.4
Deferred Vested Pension................................................................................................IV-2
4.5
Pensions for Former Employees ...... ..............................................................................
IV-2
4.6
Termination of Employment - Vesting of Benefits.......................................................IV-2
(a) Ten Year Cliff Vesting Schedule...................................................................
IV-2
(b) Seven Year Cliff Vesting Schedule...............................................................
IV-3
(c) Five Year Cliff Vesting Schedule..................................................................
IV-3
ARTICLE V. Amount of Retirement Benefits........................................................................... V-1
5.1
Normal Pension...............................................................................................................
V-1
5.2
Early Pension..................................................................................................................
V-1
5.3
Disability Pension...........................................................................................................
V-2
5.4
Deferred Vested Pension.................................................................................................
V-2
5.5
Accrued Credits and Vested Benefits Preserved............................................................
V-2
ARTICLE VI. Severance and Death Benefits........................................................................... VI -I
6.1
Severance Benefit..........................................................................................................
VI-1
6.2
Death Prior to Commencement of Pension....................................................................
VI-1
6.3
Death After Commencement of Pension.......................................................................
VI-2
6.4
Spouse's Pension...........................................................................................................
VI-3
6.5
Designation of Beneficiary............................................................................................
VI-5
6.6
Severance or Death Benefits for Former Employees.....................................................
VI-5
6.7
HEART Act Provision...................................................................................................
VI-5
ii
6.8
Defined Contribution Option......................................................................................... VI-5
ARTICLE
VII. Optional Retirement Benefits..........................................................................
VII-1
7.1
Joint and Survivor Options...........................................................................................VII-1
7.2
Other Forms of Payment...............................................................................................VII-1
7.3
Restrictions on Optional Forms ....................
................................................................ VII-2
7.4
Other Benefits Canceled by Option ...................................................
........................... VII-2
7.5
Options by Former Employee .... ...................................................................................
VII-3
7.6
Rollover to Another Plan or IRA..................................................................................VII-3
7.7
Minimum Distribution Requirements...........................................................................VII-4
ARTICLE VIII. Employment Transfers.................................................................................
VIII-1
8.1
Transfers From This Plan.........................................................................................:..
VIII-1
8.2
Transfers to This Plan.................................................................................................
VIII-1
8.3
Notice of Transfers.....................................................................................................
VIII-2
ARTICLE IX. Administration...................................................................................................IX-1
9.1
Administration...............................................................................................................IX-1
9.2
Bonds.............................................................................................................................IX-4
9.3
Benefit Payments...........................................................................................................IX-4
9.4
Abandonment of Benefits..............................................................................................IX-4
9.5
Benefits Payable to Incompetents..................................................................................IX-4
9.6
No Participant Loans Permitted.....................................................................................IX-5
ARTICLEX. Limitations...........................................................................................................
X-1
10.1 Limitations on Benefits Relating to Section 415 of Internal Revenue Code of 1986..... X-1
10.2
Definitions .......................................................................................................................
X-1
10.3
Predecessor Employer...................................................................................................
X-10
10.4
Severance from Employment........................................................................................
X-10
10.5
Year of Participation.....................................................................................................X-I1
10.6
Other Rules: .................................................................. ...............................................
X-11
10.7
Participant Limitation Applicable to Defined Contribution Option .............................
X-12
10.8
Re-employment of Former Employees.........................................................................
X-13
10.9
Re-employment of Retired Participants........................................................................
X-13
10.10
Buyback of Service.......................................................................................................
X-14
ARTICLE XI. Guarantees and Liabilities.................................................................................XI-1
11.1
Non -Guarantee of Employment.....................................................................................XI-1
11.2
Rights to Fund Assets .............. ......................................................................................
XI- 1
11.3
Non -Alienation of Benefits............................................................................................XI-1
11.4
Disclaimer of Liability ................................ ....... ........................................... ...........
...... XI-1
11.5
Indemnification of Trustees...........................................................................................XI-1
11.6
Payments Under a Qualified Domestic Relations Order ...............................................
XI -I
ARTICLEXII. Amendments....................................................................................................XII-1
12.1
Right to Amend.............................................................................................................XII-1
12.2
Amendments.................................................................................................................XII-1
iii
12.3 Provider's Power to Amend for Adopting Employers:
ARTICLE XIII. Termination...................................................
13.1 Right to Terminate..................................................................
13.2 Liquidation of Fund.................................................................
13.3 Manner of Distribution............................................................
13.4 Consolidation or Merger..........................................................
13.5 Limitations...............................................................................
ARTICLEXIV. General......................................................................
14.1 USERRA..................................................................................
14.2 No Contract Between Employer and Participant .....................
14.3 Payment of Fees.......................................................................
14.4 Governing Law........................................................................
14.5 Counterpart Execution.............................................................
14.6 Severability..............................................................................
14.7 Number and Gender.................................................................
14.8 Compensation and Expenses of Administration ......................
14.9 Incorporation of Trust Agreement ...........................................
14.10 Mistake of Fact........................................................................
............................... XIII-1
................................ XIII-1
................................ XIII-2
................................ XIII-2
................................ XIII-2
................................ XIV-1
................................ XIV-1
................................ XIV-I
................................ XIV-1
................................ XIV-1
................................ XIV-1
............................... XIV-I
............................... XIV-1
............................... XIV-1
................................ XIV-2
............................... XIV-2
iv
ARTICLE I.
Purpose and Organization
1.1 Purpose: The purpose of this Plan is to encourage the loyalty and continuity of service
of the Participants, to provide retirement benefits for all eligible Employees of the Employer, as
hereinafter defined, who complete a period of faithful service and become eligible hereunder,
and to qualify the Plan under Sections 401(a) and 501(a) of the Code by meeting the
requirements of Code Section 414(d). The benefits provided by this Plan will be paid from a
Fund established by the Employer and will be in addition to the benefits Employees are entitled
to receive under any other programs of the Employer and from the Federal Social Security Act.
This Plan and the separate related Fund forming a part hereof are established and shall be
maintained for the exclusive benefit of the eligible Employees of the Employer and their
Beneficiaries. To the extent this Plan is a governmental retiree benefit plan under Section
401(a)(24) of the Code, and prior to the termination of the Plan and satisfaction of all liabilities
of the Plan, no part of the corpus or income of the Fund shall be used for, or diverted to,
purposes other than for the exclusive benefit of the Plan participants and their beneficiaries.
1.2 Parties: The Oklahoma Municipal Retirement Fund hereby adopts and establishes this
Plan for the benefit of Employees of those Employers, as defined herein, formed, chartered or
incorporated under the laws of the State of Oklahoma, who wish to adopt it by executing a
Joinder Agreement which incorporates this Plan by reference.
I-1
ARTICLE II.
Definitions and Construction
2.1 Definitions: Where the following words and phrases appear in this Plan, they shall have
the respective meanings set forth below, unless their context clearly indicates to the contrary:
(a) Accrued Pension: The Pension (other than a Disability Pension) determined
under the Plan expressed in the form of a monthly benefit commencing at Normal Retirement
Date (or date of determination in the case of a Late Pension), which an Employee has accrued at
any time under the provisions of the Plan, regardless of his vested status, determined as if he had
then terminated employment.
(b) Actuarial Equivalent: Equality in value of the aggregate amounts expected to be
received under different forms of payment. Benefits for annuity starting dates beginning prior to
the Effective Date will be calculated under the terms of the Previous Plan. For annuity starting
dates beginning on or after the Effective Date, except as otherwise specifically noted, the
determination of such equality will be based on the Pub-2010 Public Retirement Plans Mortality
Table as follows:
Interest: 7.25%
Participant mortality: the weighted average reflecting 2/3 of the PubG-2010.M table and
1/3 of the PubG-2010.F table
Spouse mortality: the weighted average reflecting 2/3 of the PubG-2010.F table and 1/3
of the PubG-2010.M table
Except as provided herein, in the event this Subsection is amended, with respect to a Participant
who would be eligible for a Normal Pension or Early Pension on the date of amendment if his
employment terminated, the Actuarial Equivalent of such Participant's Accrued Pension with an
annuity starting date beginning on or after the date the change is adopted shall be determined as
the greater of (i) the Actuarial Equivalent of the Accrued Pension as of the date of change
computed on the old basis, or (ii) the Actuarial Equivalent of the total Accrued Pension
computed on the new basis.
For purposes of determining the benefit limitations under §415(b)(2)(B), (C), or (D) of the
Internal Revenue Code as set forth in Section 10.1 of the Plan the applicable mortality table for
annuity starting dates prior to December 31, 2002 is set forth in Rev. Rul. 95-6. 1995-1 C.B. 80,
and for annuity starting dates on or after December 31, 2002 is set forth in Rev. Rul. 2001-62,
2001-53, I.R.B. 632.
(c) Aggregate Contributions: The Employee's aggregate contributions pursuant to
Sections 3.3 and/or 3.4 hereof, plus interest thereon accrued at the rate determined by the
Trustee, compounded according to uniform rules adopted by the Trustees. Prior to January 1,
1983, the interest rate for crediting interest was three and one-half percent (3 %2%) per annum.
(d) Authorized Agent: The City Clerk of the Employer or such other person
designated by the Employer to carry out the efficient operation of the Plan at the local level.
(e) Authorized Leave of Absence: Any absence authorized by the Employer under
the Employer's standard personnel practices applied to all persons under similar circumstances in
a uniform manner, including any required military service during which a Participant's re-
employment rights are protected by law; provided that he resumes employment with the
Employer within the applicable time period established by the Employer or by law.
(f) Average Monthly Compensation: The result obtained by dividing the total
Compensation paid to an Employee during a considered period by the number of months,
including fractional months, for which such Compensation was received. The considered period
shall be the number of consecutive months of reported pay selected in Joinder Agreement within
the last one hundred twenty (120) months of service which yield the highest average
Compensation. For purposes of determining consecutive months, periods of credited service
shall be bridged, if interrupted with non -credited periods under an Authorized Leave of Absence.
If an Employee has less than the number of months of consecutive employment service selected
in the Joinder Agreement, the Employee's actual consecutive months shall be the basis for
calculating the Employee's Average Monthly Compensation hereunder.
(g) Beneficiary: Any person or entity designated or deemed designated by a
Participant as provided in Section 6.5 hereof.
(h) Break in Service: The expiration of ninety (90) days from the date the Participant
last performed Service for the Employer for which such Participant was entitled to wages as
defined in Section 3121(a) of the Code, unless the Participant is on Authorized Leave of
Absence. If an Employee does not resume employment with the Employer upon the expiration
of an Authorized Leave of Absence, the Participant will be deemed to be absent from work on
the first day of his Authorized Leave of Absence for purposes of determining if the Participant
has a Break in Service.
(i) City Council: The City Council (or Board of Trustees) of the Employer or other
duly qualified and acting governing authority of the Employer.
0) Code: The Internal Revenue Code of 1986, as amended from time to time.
(k) Committee: The City Council of the Municipality, which shall act as the Plan
Administrator of the Plan as provided for under Article IX hereof.
(1) Compensation: Compensation means wages for federal income tax withholding
purposes, as defined under Code §3401(a), plus 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 §§6041, 6051 and 6052, but determined without regard to any rules that
limit the remuneration included in wages based on the nature or location of the employment or
services performed (such as the exception for agricultural labor in Code §3401(a)(2)). The
Employer in Section 4 of its Joinder Agreement may specify modifications to the definition of
Compensation, for purposes of benefit accruals, the calculation of benefits, or contribution
allocations under the Plan. For purposes of determining an Employee's compensation, any
II-2
election by such Employee to reduce his regular cash remuneration under Code Sections 125,
402(e)(3), 402(h), 403(b) or 132(f) shall be disregarded.
For Plan Years beginning after December 31, 2008, (i) an individual receiving a
differential wage payment, as defined by Code Section 3401(h)(2), shall be treated as an
Employee of the Employer making the payment, (ii) the differential wage payment shall be
treated as Compensation, and (iii) the Plan shall not be treated as failing to meet the requirements
of any provision described in Code Section 414(u)(1)(C) by reason of any contribution or benefit
which is based on the differential wage payment.
(1) Limitations. Notwithstanding anything herein to the contrary, for Plan Years
commencing after December 31, 1988 and before January 1, 1994, the annual Compensation of
each Participant taken into account under the Plan for any Plan Year shall not exceed $200,000, as
adjusted by the Secretary at the same time and in the same manner as under Section 415(d) of the
Code except that the dollar increase in effect on January 1 of any calendar year is effective for Plan
Years beginning in such calendar year and the first adjustment to the $200,000 limitation is effective
on January 1, 1990. For years beginning on or after January 1, 1994, the annual compensation limit
of each Participant taken into account for determining all benefits provided under the Plan for any
determination period shall not exceed $150,000, as adjusted for the cost -of -living in accordance
with section 401(a)(17)(B) of the Internal Revenue Code. The cost -of -living adjustment in effect
for a calendar year applies to any determination period beginning in such calendar year. If a
determination period consists of fewer than 12 months, the OBRA '93 annual compensation limit
will be multiplied by a fraction, the numerator of which is the number of months in the
determination period, and the denominator of which is 12.
The annual Compensation of each Participant taken into account in determining benefit
accruals in any Plan Year beginning after December 31, 2001, shall not exceed $200,000.
Annual Compensation means Compensation during the Plan Year or such other consecutive
12-month period over which Compensation is otherwise determined under the Plan (the
determination period). For purposes of determining benefit accruals in a Plan Year beginning
after December 31, 2001, Compensation for any prior determination period shall be $200,000.
The $200,000 limit on annual Compensation shall be adjusted for cost -of -living increases in
accordance with Section 401(a)(17)(B) of the Code. The cost -of -living adjustment in effect for a
calendar year applies to annual Compensation for the determination period that begins with or
within such calendar year.
If Compensation for any prior determination period is taken into account in determining an
employee's benefits accruing in the current Plan Year, the Compensation for that prior
determination period is subject to the applicable annual compensation limit in effect for that prior
determination period.
(m) Contribution Accumulation: The Employee's aggregate DC Employer
contributions, plus interest thereon pursuant to the Defined Contribution Option in Section 12 of
the Joinder Agreement. If the Employer elects such option, the interest rate for determining the
investment earnings on such amounts contributed under such option shall be equal to the rate
earned by the Fund.
II-3
(n) DC Employer Contributions: The Employer contributions described in Section
3.6 hereof.
(o) Death Benefit: The pension benefit described in Article VI herein.
(p) Deferred Vested Pension: The pension benefit described in Sections 4.4 and 5.4
herein.
(c) Disability: A physical or mental condition which, in the judgment of the
Committee, totally and presumably permanently prevents an Employee from engaging in any
substantial gainful employment with the Employer. A determination of such disability shall be
based upon competent medical evidence.
(r) Disability Pension: The pension benefit described in Sections 4.3 and 5.3 herein.
(s) Early Pension: The pension benefit described in Sections 4.2 and 5.2 herein.
(t) Effective Date: The later of (i) the date specified in the Joinder Agreement, or
(ii) the first day on which the Plan has a Participant.
(u) Employer: A Municipality located in the State of Oklahoma which executes the
Joinder Agreement.
(v) Employment Commencement Date: The date on which the Employee's most
recent employment with the Employer began.
(w) Fund: The fund established to provide the benefits under the Plan for the
exclusive benefit of the employees included in the Plan, and which will be pooled with similar
funds of other incorporated cities and towns of Oklahoma as a part of Oklahoma Municipal
Retirement Fund, for purposes of pooled management and investment.
(x) Hour of Service: (1) Each hour for which an employee is paid, or entitled to
payment, for the performance of duties for the employer; and (2) each hour for which an
employee is paid, or entitled to payment, by the employer on account of a period of time during
which no duties are performed (irrespective of whether the employment relationship has
terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty,
military duty or leave of absence.
(y) Joinder Agreement: The agreement by which the Employer adopts this Plan and
Fund as its Plan and Fund.
(z) Leased Employee: Any person (other than an employee of the recipient) who
pursuant to an agreement between the recipient and any other person ("leasing organization") has
performed services for the recipient (or for the recipient and related persons determined in
accordance with Section 414(n)(6) of the Code) on a substantially full time basis for a period of
at least one year, and such services are performed under primary direction or control by the
recipient. Contributions or benefits provided a leased employee by the leasing organization
II-4
which are attributable to services performed for the recipient employer shall be treated as
provided by the recipient employer.
A leased employee shall not be considered an employee of the recipient if. (1) such
employee is covered by a money purchase pension plan providing: (1) a nonintegrated employer
contribution rate of at least 10% of compensation, as defined in Section 415(c)(3) of the Code, but
including amounts contributed pursuant to a salary reduction agreement which are excludable from
the employee's gross income under Section 125, Section 402(e)(3), Section 402(h)(1)(B) or Section
403(b) of the Code, (2) immediate participation, and (3) full and immediate vesting; and (ii) leased
employees do not constitute more than 20% of the recipient's nonhighly compensated work force.
(aa) Limitation Compensation: Compensation as defined in Section 10.2(b) hereof.
(bb) Municipality: (1) each and every municipality located in the State of Oklahoma;
(2) public trusts having municipalities as Beneficiaries; (3) interlocal cooperatives between
municipalities and/or their public trust, and; (4) any other legal entity comprising a municipal
authority which has adopted the Plan and/or which has become a Participant in the related trust
according to the terms hereof.
(cc) Normal Pension: The pension benefit described in Sections 4.1 and 5.1 herein
(dd) Normal Retirement Date: The later of (i) the Effective Date, or (ii) the first day
of the month coincident with or next following the later of the Normal Retirement Age as
designated in the Joinder Agreement, Section 7C, or the date he has satisfied the vesting
requirements specified in the Joinder Agreement to become 100% vested.
(ee) Oklahoma Municipal Retirement Fund: The entity known as the Oklahoma
Municipal Retirement Fund, which was created to combine pension and retirement funds of
Oklahoma cities and towns for purposes of management and investment, represented by and
acting through its Board of Trustees.
(ff) Participant: Any Employee or former Employee who meets the eligibility
requirements and is covered under the Plan.
(gg) Pension: A series of monthly amounts which are payable to a person who is
entitled to receive benefits under the Plan.
(hh) Plan: The Oklahoma Municipal Retirement Fund Master Defined Benefit Plan
set forth herein, and all subsequent amendments.
(ii) Plan Administrator: The persons who administer the Plan pursuant to the
provisions of Article IX hereof.
0j) Plan Year: The twelve (12) consecutive month period ending June 30th of each
year. The initial or final Plan Year may be less than a twelve (12) consecutive month period.
(kk) Previous Plan: The terms and provisions in the prior instruments governing the
Employer's qualified defined benefit retirement plan and related trust, and applying before the
II-5
Effective Date hereof, or any other date expressly specified herein if different from the Effective
Date, which prior instruments are amended, restated and superseded by this instrument.
(11) Retirement: Termination of employment after a Participant has fulfilled all
requirements for a Pension and has attained the age required to receive an Early Pension (age 55
or older). Retirement shall be considered as commencing on the day immediately following an
Employee's last day of employment.
(mm) Service:
(1) A Participant's last continuous period during which the Participant was an
Employee of the Employer and/or any other Municipality prior to the earlier of his retirement or
Break in Service.
(i) Service includes employment with a Municipality other than the
Employer prior to the time that the other Municipality adopted the Plan if the other
Municipality credits a Participant's past service under its retirement plan; and
(ii) Service for the Employer does not include employment with any
Municipality if that service would not be included under the Municipality's retirement plan.
(2) Concurrent employment with more than one Municipality shall be credited
as only one period of Service.
(3) Any Authorized Leave of Absence shall not be considered as interrupting
continuity of employment, provided the Employee returns within the period of authorized absence.
Until such time as the City Council shall adopt rules to the contrary, credit for Service with the
Employer shall be granted for any period of Authorized Leave of Absence during which the
Employee's full Compensation is continued and contributions to the Fund are continued at the same
rate and made by or for him, but credit for Service with the Employer shall not be granted for any
period of authorized, nonpaid absence due to illness, union leave, military service (except as
provided in Section 14.1), or any other reason, unless arrangements are made with the City Council
for the Employee's continued participation and for contributions to be continued at the same rate
and made by him or on his behalf during such absence. Provided, however, if a Participant is on an
Authorized Leave of Absence and is receiving workers' compensation during such Authorized
Leave of Absence, and if the Employer so elects in the Joinder Agreement, such Participant shall be
credited with Service for such period for purposes of vesting only (and not for purposes of benefits)
but no Employee contributions shall be made with respect to the Participant for such period.
(4) The expiration of the term of office of an elected official shall not be
considered as interrupting continuity of employment, provided the official is re-elected for a
consecutive term.
(5) Any reference in this Plan to the number of years of service of an Employee
shall include fractional portions of a year.
(6) With respect to a Participant who was previously 100% vested in any other
Municipality's qualified retirement plan, regardless of Break in Service, prior to becoming a
II-6
Participant in this Plan, such Participant's "Service" for purposes of determining years of service for
vesting under this Plan shall include the Participant's last continuous period during which the
Participant was an employee of the other Municipality.
Credit for service with the Employer shall not be granted for any period subsequent to the
Effective Date during which the Employee did not participate in the Plan and Employee
contributions to the Plan and Fund were not made by or for him except as specified above.
(nn) Severance Benefit: The pension benefit described in Section 6.1 herein.
(oo) Spouse: A spouse as determined under applicable federal tax law.
(pp) Trust Service Provider: The person appointed by the Trustees to supervise
operation of the Oklahoma Municipal Retirement Fund and to assist participating Municipalities
in the adoption and operation of the Plan.
(qq) Trustee: The Trustees appointed pursuant to the Trust Indenture establishing the
Oklahoma Municipal Retirement Fund.
(rr) U. S. Consumer Price Index: The Consumer Price index for all items as reported
in the Monthly Labor Review for the month of December of the immediately preceding calendar
year as published by the United States Department of Labor.
(ss) Year of Service: A 12 consecutive month period of Service commencing on the
Employee's Employment Commencement Date, and any anniversary thereof.
2.2 Construction: The masculine gender, where appearing in the Plan, shall be deemed to
include the feminine gender, unless the context clearly indicates to the contrary. The words
"hereof," "herein," "hereafter" and other similar compounds of the word "here" shall mean and
refer to the entire Plan, not to any particular provision or Section.
II-7
ARTICLE 111.
Contributions
3.1 Eligibility: An Employee, as defined in the Joinder Agreement, who has satisfied all the
requirements set forth in the Joinder Agreement shall be eligible to participate in the Plan. Any
person who has been classified by the Employer as an independent contractor and has had his
compensation reported to the Internal Revenue Service on Form 1099 but who has been
reclassified as an "employee" (other than by the Employer) shall not be considered as an eligible
Employee who can participate under this Plan; provided, if the Employer does reclassify such
worker as an "Employee," for purposes of this Plan, such reclassification shall only be
prospective from the date that the Employee is notified by the Employer of such reclassification.
3.2 Contributions by Employer: The Employer shall make contributions to the Fund in
such amounts and at such times as the City Council shall determine, acting under the advice of
the Plan's actuarial firm. All contributions made by the Employer to the Fund shall be
irrevocable and shall be used for the exclusive benefit of the Participants covered by the Plan to
pay benefits under the Plan, or to pay expenses of the Fund. Forfeitures arising because of death
prior to Retirement, severance of Employment before a Participant becomes eligible for a
Pension, or any other reason shall be applied to reduce the cost of the Plan, not to increase the
benefits otherwise payable to the Participants.
3.3 Contributions- by Participants: Unless the Employer selects the Non -Contributory
Option, each Participant shall contribute to the cost of providing benefits under this Plan while
he remains a Participant who is actively employed. Such annual contributions shall be the
product of (i) the percentage selected in Section 8 of the Joinder Agreement, and (ii) the
Participant's Compensation.
Any required contributions by Participants shall be made by payroll deductions for each pay
period, or any series of pay periods as the Employer may deem most convenient. The Committee
may, however, approve payment of such contributions in a manner other than payroll deductions in
any specific case or cases. (In any event a Participant shall be deemed to consent and agree to the
payroll deductions as provided for herein.) If a Participant is granted a non -paid leave of absence
authorized for any reason, his continued participation in the Plan will depend upon his contributions
being continued at the same rate and made by or for him during such absence. While such
contributions are continued during such non -paid leave of absence, the Participant's Compensation
shall be deemed to have continued at the same rate for the purpose of computing the Participant's
Average Monthly Compensation.
Provided, however, if a Participant is on an Authorized Leave of Absence and is receiving
workers' compensation during such Authorized Leave of Absence, such Participant shall be
credited with Service for such period for purposes of vesting only and not for purposes of benefits if
the Employer so elects in Section 7G of the Joinder Agreement, but no Participant contributions
shall be made with respect to the Participant for such period.
Each Employee employed after the original Effective Date of the Plan hereof shall, as a
condition of employment, become a Participant in the Plan as of the date on which he is first eligible
by signing a written notice of participation agreeing to be bound by the terms and conditions hereof,
and authorizing the Employer to deduct from his Compensation any contributions required of him
as provided in the Joinder Agreement hereof, and he shall be subject to all other provisions of the
Plan beginning on such date. Each Employee employed on the original Effective Date of the Plan
shall have a one-time irrevocable election to participate in the Plan.
For each Employee who becomes a Participant in this Plan on the original Effective Date of
the Plan, Participant contributions and his participation shall first begin for the pay period
commencing on, or next following, that date. For each Employee who becomes a Participant in this
Plan after the original Effective Date of the Plan, Participant contributions and his participation
shall begin for the pay period commencing on or next following the date he becomes a Participant.
Such Participant contributions shall be fully vested in the contributor Participant at all
times. Upon retirement, death or termination of employment of a Participant for any reason, the
retired or terminated Employee, or his Beneficiary as the case may be, shall have the option to
receive, in lieu of any and all other benefits provided herein, his Aggregate Contributions.
Furthermore, the value of the total benefits payable to the Participant and/or his Beneficiary shall in
no event be less than his Aggregate Contributions as of the time of his termination of employment.
However if any benefit of any other kind is paid under this Plan, to or on behalf of a Participant, no
Aggregate Contributions shall be paid, but shall be deemed to have been included in the value of the
benefit so paid, unless the total value of such other benefit payments finally paid shall be less than
such Aggregate Contributions as of the time of the Participant's termination of employment, in
which case the difference shall be paid in a lump sum to the Participant and/or his Beneficiary.
3.4 Pick-up Contributions: If the Employer elects the Pick -Up Option in the Joinder
Agreement, all Participants shall be required to make the contributions specified in the Joinder
Agreement. These contributions shall be picked up and assumed by the Employer and paid to
the Fund in lieu of contributions by the Participant. Such contributions shall be designated as
Employer contributions for federal income tax purposes. Each Participant's Compensation will
be reduced by the amount paid to the Fund by the Employer in lieu of the required contribution
by the Participant. These contributions shall be excluded from the Participant's gross income for
federal income tax purposes and from wages for purposes of withholding under Sections 3401
through 3404 of the Code in the taxable year in which contributed. No Participant shall have the
option of receiving the contributed amounts directly as compensation. Contributions made by
the Employer under this election shall be designated as Participant contributions for purposes of
vesting and determining Participant rights and the Participant's Aggregate Contributions shall be
monitored. A private letter ruling is required if the sponsor/employer wishes a ruling on pick-up
contributions. The Aggregate Contributions shall be subject to the distribution provisions in
Section 3.3.
3.5 Transfer of Contributions: All Employer and Participant contributions shall be directly
or immediately allocated, paid or delivered to the City Treasurer or Employer designee, as
Treasurer of the Plan. Such contributions shall be transferred and transmitted by the Treasurer to
the Fund for credit as soon as administratively feasible.
3.6 Defined Contribution Option: If the Employer has elected the Defined Contribution
Option in Section 12 of the Joinder Agreement, a Contribution Accumulation account shall be
created for each active Participant as of the effective date of the option. Each Participant shall be
III-2
required as a condition of employment to make a DC Employer contribution in the amount
specified in the Adoption Agreement. These contributions shall be picked up and assumed by
the Employer and paid to the Fund in lieu of contributions by the Participant. Such contributions
shall be designated as Employer contributions for federal income tax purposes. Each
Participant's Compensation will be reduced by the amount paid to the Fund by the Employer in
lieu of the required contribution by the Participant. These contributions shall be excluded from
the Participant's gross income for federal income tax purposes and from wages for purposes of
withholding under Sections 3401 through 3404 of the Code in the taxable year in which
contributed. Amounts attributable to DC Employer contributions shall be fully vested. The
Contribution Accumulation account shall be credited with:
(I) DC Employer Contributions made by the Participant after the effective
date of the option; and
(2) Investment earnings at same rate as earned by the Oklahoma Municipal
Retirement Fund (OkMRF) Defined Benefit Plan.
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ARTICLE IV.
Requirements for Retirement Benefits
4.1 Normal Pension: A Participant shall be eligible for a Normal Pension if his employment
is terminated on or after his Normal Retirement Date, or if his employment classification has
changed such that he is no longer eligible to participate in this Plan on or after his Normal
Retirement Date, provided he has met the 100% vesting requirements. Payment of a Normal
Pension shall commence as of the first day of the month coinciding with or next following
Retirement or change in employment classification, as applicable, and the last payment shall be
made as of the first day of the month in which the death of such Participant occurs; provided
however, that at the time of his death, if such Participant has received less than the number of
monthly payments elected by the Employer in Section 7 of the Joinder Agreement, his Pension
payments shall continue to his Beneficiary or Beneficiaries until a total of such number of
monthly payments as elected have been made to such Participant and such Beneficiary or
Beneficiaries. Normal Pension payments shall not be suspended for a retired Participant who
returns to work for the Employer in an employment classification which is not eligible to
participate in this Plan. Notwithstanding the vesting schedule elected by the Employer in
Section 7D of the Joinder Agreement, a Participant's right to his or her Normal Pension shall be
nonforfeitable upon attainment of his or her Normal Retirement Age as defined in Section 7C of
the Joinder Agreement.
4.2 Early Pension: A Participant may elect early Retirement and be eligible for an Early
Pension if his employment is terminated on or after his 55th birthday and before his Normal
Retirement Date, provided he has met the 100% vesting requirements. Payment of an Early
Pension shall commence as of the Participant's Normal Retirement Date. However, if a
Participant requests the Committee to authorize the commencement of his Early Pension as of
the first day of any subsequent month which precedes his Normal Retirement Date, his Pension
shall commence as of the beginning of the month so requested, but the amount thereof shall be
reduced as provided in Section 5.2. The last payment of an Early Pension shall be made as of the
first day of the month in which the death of the retired Participant occurs; provided however, that
if the retired Participant has received less than the monthly payments as elected in Section 7 of
the Joinder Agreement at the time of his death, his Pension payments shall continue to his
Beneficiary or Beneficiaries until a total of such monthly payments have been made to such
Employee and such Beneficiary or Beneficiaries. Early Pension payments shall not be
suspended for a retired Participant who returns to work for the Employer in an employment
classification which is not eligible to participate in this Plan.
4.3 Disability Pension: A Participant shall be eligible for a Disability Pension if his
employment is terminated by reason of Disability, before his Normal Retirement Age, provided
he has met the 100% vesting requirements. Payment of a Disability Pension shall commence as
of the first day of the month coincidental with or next following the date of Retirement. The last
payment shall be made as of the first day of the month in which the death of the retired
Employee occurs, or if Disability ceases prior to his Normal Retirement Date, the first day of the
month in which Disability ceases.
IV-1
Disability under the Plan shall be considered total and permanent, if on the basis of a
medical examination by a doctor or clinic appointed by the Committee, the Committee finds that the
Participant has a physical or mental condition which totally and presumably permanently prevents
him from engaging in any substantial gainful employment with the Employer.
Notwithstanding any other provisions of this Section, no Participant shall qualify for a
Disability Pension if the Committee determines that his Disability results from (a) chronic
alcoholism, (b) addition to narcotics, or (c) an injury suffered while engaged in a felonious or
criminal act or enterprise.
Disability shall be considered to have ended and a Disability Pension shall cease if, prior to
his Normal Retirement Age, the Participant (a) engages in any substantial gainful employment
except for such employment as is found by the Committee to be for the primary purpose of
rehabilitation or not incompatible with a finding of total and permanent Disability, or (b) has
sufficiently recovered, in the opinion of the Committee based on a medical examination by a doctor
or clinic appointed by the Committee to be able to engage in regular employment with the Employer
and refuses an offer of employment by the Employer, or (c) refuses to undergo any medical
examination requested by the Committee provided that a medical examination shall not be required
more frequently than twice in any calendar year. The Normal Pension will recommence upon his
reaching Normal Retirement Age.
If Disability ceases before a retired Participant attains his Normal Retirement Date and the
Participant is re-employed by the Employer, the Pension payable upon his subsequent Retirement
shall be determined in accordance with the provisions of Section 10.9.
4.4 Deferred Vested Pension: A Participant shall be eligible for a Deferred Vested Pension,
if his employment is terminated before his 55th birthday and after he has met the 100% vesting
requirements. Payment of a Deferred Vested Pension shall commence as of the Participant's
Normal Retirement Date. However, if the Participant requests the Committee to authorize the
commencement of his Deferred Vested Pension as of the first day of the month coinciding with
or next following his 55th birthday, or as of the first day of any subsequent month which
precedes his Normal Retirement Date, his Pension shall commence as of the first day of the
month so requested, but the amount thereof shall be reduced as provided in Section 5.4.
4.5 Pensions for Former Employees: If a Participant's Service with the Employer
terminates, but his Service continues by virtue of his employment with a Municipality other than
the Employer, he, his spouse or other Beneficiaries shall only be then, or later become entitled to,
and limited to, such rights, benefits and options of any kind, under this Plan, if any, in the
amounts and on the terms and conditions, as provided in Article VIII-Employment Transfers.
4.6 Termination of Employment - Vesting of Benefits: Except as provided in Sections
10.12 and 10.13 hereof, if applicable, when a Participant ceases to be a Participant for any
reason, he shall have vested and nonforfeitable rights in his Accrued Pension as set forth in one
of the following vesting schedules as may be elected by the Employer in the Joinder Agreement:
(a) Ten Year Cliff Vesting Schedule. The Ten Year Cliff Vesting Schedule is as
follows:
IV-2
(b)
follows:
(c)
follows:
Years of Service
Less than: 10
At least: 10
Percent of Accrued
Benefit Vested
0%
100%
Seven Year Cliff Vesting Schedule. The Seven Year Cliff Vesting Schedule is as
Years of Service
Less than: 7
At least: 7
Percent of Accrued
Benefit Vested
0%
100%
Five Year Cliff Vesting Schedule. The Five Year Cliff Vesting Schedule is as
Years of Service
Less than: 5
At least: 5
IV-3
Percent of Accrued
Benefit Vested
0%
100%
ARTICLE V.
Amount of Retirement Benefits
5.1 Normal Pension:
(a) Basic Formula: A Participant who meets the requirements for a Normal Pension
shall receive a monthly amount equal to the product of (1), (2), and (3) as follows:
(1) The percentage associated with the Plan Option elected by the Employer in
Section 7B of the Joinder Agreement; multi In ied by
(2) His Average Monthly Compensation; and multiplied by
(3) The number of his Years of Service credited with the Employer (but not with
any other Municipality), subject to the limitations in Section 7E of the Joinder Agreement.
(b) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the
Joinder Agreement, the monthly amount of Normal Pension determined above under Subsection
(a) of this Section, or the amount of any optional form of Pension payable in lieu thereof to a
retired Participant or his contingent Beneficiary, shall be increased or decreased annually while
payable, commencing with the payment due on the first day of July coinciding with or next
following the later of (1) the effective date of the Cost -of -Living option, or (2) the date of the
Participant's Retirement, and continuing thereafter on the first day of each subsequent July
during which the Pension is payable. Each such increase or decrease shall be related to a change
in the cost -of -living based on the percentage change, if any, determined by a comparison of the
U. S. Consumer Price Index (as defined in Section 2.1(pp)) for the December next preceding the
July of the determination, with such U. S. Consumer Price Index for the December one year
earlier; provided however, that such yearly increase or decrease, if any, shall be limited to a
maximum change of three percent (3%); and provided further, that such yearly decrease, if any,
shall not reduce the amount of Pension so adjusted, below the level established at the time of
Retirement.
5.2 Early Pension:
(a) Basic Formula: A Participant who meets the requirements for an Early Pension
shall receive a monthly amount which shall be computed in the same manner as a Normal
Pension, considering his Compensation and Service credited with the Employer prior to
Retirement. If payment of an Early Pension commences prior to the Participant's Normal
Retirement Date, the amount determined above shall be reduced by 5% each full year plus 5%
pro-rata for the number of months in the period between the date as of which the Pension begins
and the Normal Retirement Date.
(b) Cost -of -Living Adjustment: If the Cost -of -Living option is elected in the
Joinder Agreement, the monthly amount of Early Pension determined above under Subsection
(a) of this Section, or the amount of any optional form of Pension payable in lieu thereof to a
retired Participant or his contingent Beneficiary, shall be subject to annual cost -of -living
adjustments in the same manner as provided in Subsection 5.1(b), except that no such adjustment
V-1
shall be applicable for any period before the Early Pension payments commence, and for this
purpose only, the date such payments commence shall be treated as the Participant's Retirement
Date.
5.3 Disability Pension:
(a) Basic Formula: A Participant who meets the requirements for a Disability
Pension shall receive a monthly amount which shall be computed in the same manner as a
Normal Pension, considering his Compensation and Service credited with the Employer prior to
Retirement.
(b) Cost -of -Living Adjustment: If the Cost -of Living Option is elected in the
Joinder Agreement, the monthly amount of Disability Pension determined above under
Subsection (a) of this Section shall be subject to a cost -of -living adjustment in the same manner
as provided in Subsection 5.1(b), except that such adjustment shall not be applicable for any
period before the Disability Pension payments commence, and for this purpose only, the date
such payments commence shall be treated as the Participant's Retirement Date.
5.4 Deferred Vested Pension:
(a) Basic Formula: A Participant who meets the requirements for a Deferred Vested
Pension shall receive a monthly amount which shall be computed in the same manner as a
Normal Pension, considering his Compensation and Service credited with the Employer prior to
the termination of his employment. If payment of a Deferred Vested Pension commences prior
to the Participant's Normal Retirement Date, the amount determined above shall be reduced by
5% each full year plus 5% pro-rata for the number of months in the period between the date as of
which the Pension begins and Normal Retirement Date.
(b) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the
Joinder Agreement, the monthly amount of Deferred Vested Pension determined above under
Subsection (a) of this Section shall be subject to a cost -of -living adjustment in the same manner
as provided in Subsection 5.1(b), except, that such adjustment shall not be applicable for any
period before the Deferred Vested Pension payments commence, and for this purpose only, the
date such payments commence shall be treated as the Participant's Retirement Date.
5.5 Accrued Credits and Vested Benefits Preserved: The adoption of a new Joinder
Agreement by an Employer shall not operate to exclude, diminish, limit, or restrict the amount,
payments or continuation of payments of benefits accrued up to the Effective Date of the most
recent Joinder Agreement. The amount of such Accrued Pension benefits, if any, in the course
of payment immediately prior to such date, shall be continued under the provisions of such
Previous Plan, in the same manner and amounts, subject to the provisions of the Retiree Plan
Improvement Option in Section 10 of the Joinder Agreement.
V-2
ARTICLE VI.
Severance and Death Benefits
6.1 Severance Benefit: Upon termination of a Participant's employment with the Employer,
his contributions to the Fund shall cease and he shall be entitled to receive a Severance Benefit
equal in amount to the Participant's Aggregate Contributions, which shall be in lieu of all other
benefits under this Plan. Payment of such benefit shall be made in a lump sum as soon as
administratively feasible after the date of termination of the Participant's employment and the
Participant's request for payment. If such termination of employment occurs after the Participant
has met the requirements for Normal, Early, Disability or Deferred Vested Pension, he may
receive in lieu of such Aggregate Contributions, the Pension for which he is eligible under the
provisions of Article IV, unless the Participant elects to receive such Aggregate Contributions.
If any benefit of any other kind is paid under this Plan to or on behalf of a Participant, no
Severance Benefit shall be paid, but shall be deemed to have been included in the value of the other
benefit, unless the total of such other benefit payments finally made shall be less than his Aggregate
Contributions at the time of the Participant's termination of employment, in which case the
difference shall be paid to the terminated Participant if living, or if deceased, to his Beneficiary.
6.2 Death Prior to Commencement of Pension: Upon the death of an active Participant or
a retired Participant prior to the earlier of the date the Committee approves the commencement
of his pension payments or the date fixed for commencement of his Pension payments, the
Beneficiary designated by the Participant or retired Participant shall be paid a Death Benefit in
the form of a Pension unless a spouse's pension becomes payable under Section 6.4.
(a) Basic Formula: Subject to the further provisions of Subsection (b) of this
Section 6.2, the amount of the Death Benefit Pension shall be equal to fifty percent (50%) of the
monthly amount of the Normal Pension, as determined in Section 5.1 which the deceased
Participant had accrued at the time of his death considering the Participant's Compensation and
Service with the Employer prior to the date of his death. Payment of the Death Benefit Pension
under this Subsection shall commence as of the first day of the month coincident with or next
following the Employee's death. The last payment shall be made upon completion of the
number of monthly payments in the aggregate as elected in Section 7A of the Joinder
Agreement. Notwithstanding the foregoing, if any spouse's Pension becomes payable under
Section 6.4, or if any optional Pension was elected by such a retired Participant, and becomes
effective under Article VII, no such Death Benefit Pension under this Section 6.2 shall be paid at
that time. The terms of such Spouse's Pension or optional Pension as the case may be, shall
control payments after such death and the Death Benefit Pension provided for under this Section
shall be thereby canceled or inapplicable, except that upon the death of the spouse or the
contingent Beneficiary, his estate shall be paid the excess, if any, of the Participant's Aggregate
Contributions as of the date the Pension commenced or as of the date of death, if earlier, over the
sum of the benefit payments, previously received by the Spouse or the contingent Beneficiary.
(b) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the
Joinder Agreement, the monthly amount of Death Benefit Pension determined above under
Subsection (a) of this Section 6.2 or the amount of any optional form of Pension payable in lieu
WIN
thereof to the Beneficiary entitled thereto, shall be subject to a cost -of -living adjustment in the
same manner as provided in Subsection 5.1(b).
6.3 Death After Commencement of Pension:
(a) Normal Pension, Early Pension or Deferred Vested Pension: Upon the death
of a retired Participant after the earlier of the date the Committee approves the commencement of
his Normal Pension payments, Early Pension payments or Deferred Vested Pension payments as
the case may be, or the date fixed for commencement of his Normal Pension payments or Early
Pension payments, Deferred Vested Pension payments as the case may be, and before he has
received the number of monthly payments elected in Section 7A of the Joinder Agreement, his
Beneficiary shall be entitled to a Death Benefit to be provided in the form of a Pension.
(1) Basic Formula: Subject to the further provisions of Subsection (a)(2) of
this Subsection 6.3(a), the amount of such Death Benefit Pension shall be equal to the
monthly amount of Normal Pension, Early Pension or Deferred Vested Pension which the
deceased retired Participant was eligible for or receiving at the time of his death. Payment
of such Death Benefit Pension shall commence as of the first day of the month coincident
with or next following the retired Participant's date of death. The last payment shall be
made upon the completion of the number of monthly payments in the aggregate as elected in
Section 7A of the Joinder Agreement to the retired Participant and the Beneficiary, if living,
or if deceased, the estate of the Beneficiary. This Death Benefit Pension shall not be in
addition to, but shall be one and the same as the continuation of Pension as provided in
Section 4.1, Section 4.2, or Section 4.4, as the case may be. However, no such Death
Benefit shall be paid but shall be canceled and inapplicable, if an optional form of payment
is elected and becomes effective under Article VII hereof.
(2) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the
Joinder Agreement, the monthly amount of Death Benefit Pension determined above under
Subsection (a)(1) of this Section 6.3 or the amount of any optional form of Pension payable
in lieu thereof to the Beneficiary or estate entitled thereto, shall be subject to a cost -of -living
adjustment in the same manner as provided in Subsection 5.1(b).
(b) Disability Pension: Upon the death of a retired Participant who was unmarried
or legally separated from his or her spouse, after the earlier of the date the Committee approves
the commencement of his Disability Pension payments, or the date fixed for commencement of
his Disability Pension payments and before he has received a total of the number of monthly
Pension payments as elected in Section 7A of the Joinder Agreement, and before the cessation of
his Disability if such death occurs prior to his Normal Retirement Date, his Beneficiary shall be
entitled to a Death Benefit to be provided in the form of a Pension.
(1) Basic Formula: Subject to the further provision of Subsection (b)(2) of this
Section 6.3(b), the amount of such Death Benefit Pension shall be equal to the monthly
amount of Disability Pension which the deceased retired Participant was eligible for or
receiving at the time of his death. Payment of such Death Benefit Pension shall commence
as of the first day of the month coincident with or next following the retired Participant's
date of death. The last payment shall be made upon the completion of the number of
VI-2
6.4
monthly payments in the aggregate as elected in Section 7A of the Joinder Agreement to the
retired Participant and the Beneficiary, if living, or if deceased, to the estate of the
Beneficiary.
If the death of such retired Participant occurs after the cessation of his Disability and before
his Normal Retirement Date, and the total Disability Pension payments he had received was
less than his Aggregate Contributions as of the date of commencement of payments of such
Disability Pension, or as of the date of his death, if earlier, then his Beneficiary shall be
entitled to a Death Benefit. The amount of such Death Benefit shall be the excess of the
retired Participant's said Aggregate Contributions over the sum of such Pension payments,
if any, previously received by the retired Participant. Such Death Benefit shall be paid in
cash in a single sum within 30 days after the date of death.
If the retired Participant was married and not legally separated from his or her spouse at the
time of death, the applicable Death Benefit shall be that as provided in Section 6.4(b).
(2) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the
Joinder Agreement, the monthly amount of Death Benefit Pension determined above under
Subsection (b)(1) of this Section 6.3 shall be subject to a cost -of -living adjustment in the
same manner as provided in Section 5.1(b).
Spouse's Pension:
(a) In -Service Death:
(1) Eligibility Requirements: The surviving spouse of a deceased Participant
shall be eligible for a Spouse's Pension with payments commencing on the first day of the
month coinciding with or next following the Participant's date of death and payable for the
spouse's lifetime, or until the spouse's remarriage, provided that the Participant, as of the
date of his or her death, (a) was continuing in the active Service of the Employer, (b) had
met the 100% vesting requirement, and (c) was not legally separated from the surviving
spouse.
(2) Amount of Spouse's Pension: A surviving spouse who meets the eligibility
requirements under Subsection (a)(1) of Section 6.4 above shall receive a monthly amount
of Spouse's Pension equal to fifty percent (50°/u) of the amount determined in Section 5.1
for a Normal Pension considering the Participant's Compensation and Service with the
Employer to the date of his death. However, if the surviving spouse is more than ten years
younger than the retired Participant on the date of his death, the Spouse's Pension payable
under this Subsection shall be reduced by one percent (1%) for each such year of age
difference in excess of ten (10) years to compensate for the longer period of expected
payments.
(3) Cost -of -Living Adjustment:
Joinder Agreement, the monthly amount of
Subsection (a)(2) of this Section 6.4 shall be
same manner as provided in Subsection 5.1(b).
If the Cost -of -Living Option is elected in the
Spouse's Pension determined above under
subject to a cost -of -living adjustment in the
VI-3
(b) Post -Disability Retirement Death: The surviving spouse of a deceased, retired
Participant, who was receiving or was entitled to receive a Disability Pension on the date of his
or her death and who had received less than the number of monthly payments as elected in
Section 7A of the Joinder Agreement of such Disability Pension, shall be eligible for a Spouse's
Pension.
(1) Basic Formula: Subject to the further provisions of Subsection (b)(2) of
this Section 6.4, the amount of such Spouse's Pension shall be equal to the monthly amount
of Disability Pension which the deceased retired Participant was eligible for or receiving at
the time of his death. Payment of such Spouse's Pension shall commence as of the first day
of the month coincident with or next following the retired Participant's date of death. The
last payment shall be made upon the completion of the number of monthly payments in the
aggregate as elected in Section 7A of the Joinder Agreement to the retired Participant and
the surviving spouse, or if the surviving spouse dies before such completion of payments,
the remaining payments shall be made to the estate of the deceased spouse.
(2) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the
Joinder Agreement, the monthly amount of Spouse's Pension determined above under
Subsection (b)(1) of this Section 6.4 shall be subject to a cost -of -living adjustment in the
same manner as provided in Section 5.1(b).
(c) Post -Termination Death Benefit After Deferred Vested Termination: The
surviving spouse of a deceased, retired Participant, who was entitled to receive a Deferred
Vested Pension but had not yet received any payments on the date of his or her death, shall be
eligible for a Spouse's Pension. Such Pension will commence on the first day of the month
coinciding with or next following the later of: (i) the Participant's date of death or (ii) the earliest
date of which the Participant could have begun receiving payments in accordance with Section
5.4. The last payment shall be made upon the death or remarriage of the surviving spouse. A
final death benefit is the excess, if any, of the Participant's Aggregate Contributions over the
sum of the payments made to the Spouse.
(1) Basic Formula: Subject to the further provisions of Subsection (c)(2) of
this Section 6.4, the amount of such Spouse's Pension shall be equal to fifty percent (50%)
of the Deferred Vested Pension to which the deceased, retired Participant was entitled to
receive commencing on his or her Normal Retirement Date and reduced in accordance with
Section 5.4 for the period between the date the Pension begins and the Normal Retirement
Date. However, if the surviving spouse is more than ten (10) years younger than the retired
Participant on the date of his death, the Spouse's Pension payable under this Subsection
shall be reduced by one percent (1%) for each such year of age difference in the excess of
ten (10) years to compensate for the longer period of expected payments.
(2) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the
Joinder Agreement, the monthly amount of spouse's Pension determined above under
Subsection (c)(1) of this Section 6.4 shall be subject to a cost -of -living adjustment in the
same manner as provided in Subsection 5.1(b).
VI-4
6.5 Designation of Beneficiary: Each active or retired Participant may designate a primary
Beneficiary or Beneficiaries and, in addition, may name a contingent Beneficiary or
Beneficiaries to receive any benefit that may become payable under Article VI hereunder by
reason of his death. If a Participant designates more than one Beneficiary, each shall share
equally unless the Participant specifies a different allocation or preference. Such designation
shall be made upon forms furnished by the Employer and may be revoked or changed at any time
and from time to time without notice to any Beneficiary, and shall not be effective unless and
until filed with the Committee. Further, the written designation of the Participant's spouse may
be voided upon divorce of the Participant if required by applicable state law. If a Participant
fails to designate a Beneficiary, or if no designated Beneficiary survives the Participant, the
Death Benefit shall be paid to the Participant's spouse, if living, or otherwise, to the estate of the
Participant. Neither the Employer, the Board of Trustees, nor the Fund shall be named as a
Beneficiary.
For the purpose of this Plan, the production of a certified copy of the death certificate of any
Employee or other person shall be sufficient evidence of death, and the Committee shall be fully
protected in relying thereon. In the absence of such proof, the Committee may rely upon such other
evidence of death as it deems necessary or advisable.
6.6 Severance or Death Benefits for Former Employees: If a Participant's Service with
the Employer terminates, but his Service continues by virtue of his employment with a
Municipality other than the Employer, he, his spouse or other Beneficiaries shall only be then, or
later become, entitled to and limited to such rights, benefits and options of any kind, under this,
if any, in the amounts and on the terms and conditions, as provided in Article VIII, Employment
Transfers.
6.7 HEART Act Provision: In the case of a death occurring on or after January 1, 2007, if a
Participant dies while performing qualified military service (as defined in Code §414(u)), the
survivors of the Participant are entitled to any additional benefits (other than benefit accruals
relating to the period of qualified military service, but including vesting service credit for such
period and any ancillary life insurance or other survivor benefits) that would have been provided
under the Plan had the Participant resumed employment on the day preceding the participant's
death and then terminated employment on account of death.
6.8 Defined Contribution Option: If the Employer has elected the Defined Contribution
Option in Section 12 of the Joinder Agreement, as soon as administratively possible after
termination of employment or death of the Participant, the administrator shall pay the Participant
or Beneficiary, if applicable, the Contribution Accumulation account balance as requested. The
Participant may elect to receive the Contribution Accumulation in any of the benefit payment
options permitted under the Plan. The benefit shall be the Actuarial Equivalent of the account
balance at the time the benefit commences. This benefit shall be in addition to any Normal,
Early, Disability or Deferred Vested Pension that the Participant or Beneficiary may be entitled
to.
VI-5
ARTICLE V11.
Optional Retirement Benefits
7.1 Joint and Survivor Options: By filing an application with the Authorized Agent prior
to the start of payments, a married Participant not legally separated from his or her spouse may
designate such spouse as his contingent pensioner and elect to receive a Pension payable in
accordance with one of the following Actuarially Equivalent options in lieu of the Pension to
which he may otherwise become entitled upon Retirement.
Option A - Joint and 100% Survivor Annuity. An adjusted Pension payable monthly
during the lifetime of the Participant with the provision that 100% of such monthly benefit shall be
payable to the Participant's contingent pensioner in monthly installments commencing on the first
day of the month following the month in which the Participant died and continuing thereafter
during the remaining lifetime of such contingent pensioner through the last monthly payment on or
prior to the contingent pensioner's death.
Option B - Joint and 50% Survivor Annuity. An adjusted Pension payable monthly
during the lifetime of the Participant with the provision that fifty percent (501/6) of such monthly
benefit shall be payable to such Participant's contingent pensioner in monthly installments
commencing on the first day of the month following the month in which the Participant dies and
continuing thereafter during the remaining lifetime of the contingent pensioner through the last
monthly payment on or prior to such contingent pensioner's death.
Option C - Joint and 66 2/3% Survivor Annuity. An adjusted Pension payable for the
joint lifetime of the Participant and his contingent pensioner, and upon the death of either, payments
in the amount of sixty-six and two-thirds percent (66 2/3%) of such adjusted Pension shall be
continued to the survivor pensioner during the survivor pensioner's lifetime through the last
monthly payment on or prior to such survivor pensioner's death.
7.2 Other Forms of Payment: If the Employer has elected in the Joinder Agreement to
provide additional optional benefit forms, the Committee may, in its sole discretion, at the
request of a Participant (or contingent pensioner), direct that any benefit provided by the Plan be
paid in one of the following forms, provided that payments to the Participant (or contingent
pensioner) have not yet commenced and that payments in such other form shall be the Actuarial
Equivalent of the benefit otherwise payable. The optional forms of payment are as follows:
Option D - Convert Defined Contribution Option to Pension. Under this form, the
payee will convert the Contribution Accumulation if the Employer has elected the Defined
Contribution Option in Section 12 of the Joinder Agreement, using the Actuarial Equivalent and
will be added to his Pension. No future Cost of Living adjustments, if applicable, will be made or
considered in calculating the payment under this optional form.
Option E - Lump -Sum Payment. Under this form, the payee will receive a single sum
payment in cash. No future Cost -of -Living adjustments will be made or considered in calculating
the payment under this optional form.
VII-1
Option F — Partial Lump Sum. Under this form, the payee will receive a single sum
payment that is smaller than the amount payable under Option E. The Accrued Pension will be
reduced by the Actuarial Equivalent of the single sum payment, and the reduced amount will be
payable in accordance with Article IV or, if selected by the payee, under one of the Joint and
Survivor Options in accordance with Section 7.1. In the event that part of the Accrued Pension is
subject to the Cost -of -Living Option and part of the Accrued Pension is not so subject, any partial
lump sum payment will reduce each part of the Accrued Pension pro rata.
Option G - Combination. Under this form, the payee will receive a combination of
Options D, E, or F, as selected by the payee.
The Committee shall, if it deems appropriate, require a Participant (or contingent pensioner)
to submit evidence of good health as a condition to receipt of any such form of payment,
particularly any lump sum payment.
If a Pension payable under this Plan is less than fifty dollars ($50.00) per month, the
Committee may direct that, in lieu of such Pension, the Actuarial Equivalent thereof shall be paid in
a lump sum, or in a series of uniform monthly, quarterly, or annual amounts for life or for a
designated period of time.
7.3 Restrictions on Optional Forms: If payments have not yet commenced to a Participant,
a Participant may elect, change, or revoke an option if his election, change, or revocation is filed
in writing with the Authorized Agent. However, an election to receive benefits in one of the
forms described in Section 7.2 requires Committee approval. In the event a Participant dies after
he has begun to receive benefits under this Plan, his beneficiary or contingent pensioner shall not
be entitled to change the form of payment of the benefit. A Participant receiving a Disability
Pension is not eligible for any of the options.
An election made pursuant to this Article shall become inoperative in the event that no
contingent pensioner is surviving upon the date payments are to commence after the Participant's
Retirement.
If a Participant who makes an election pursuant to the requirements of this Section
continues in the Employer's employ after his Normal Retirement Date, no Pension payments shall
be made during the period of continued employment. If the Participant dies during such continued
employment and the contingent pensioner survives him, the election shall become operative so that
the contingent pensioner shall receive a Pension in accordance with the option elected commencing
on the first day of the month coinciding with or next following the death of the Participant. In the
event the contingent pensioner predeceases the Participant during such continued employment, the
election shall not become operative.
7.4 Other Benefits Canceled by Option: Any Aggregate Contributions, Contribution
Accumulation, Pension, Severance, Death, or other benefit that would otherwise have become
payable under this Plan shall be canceled and superseded by an option elected under Section 7.1
or any other form of payment elected under Section 7.2 as of the date such option or other form
of payment commences.
VII-2
7.5 Options by Former Employee: The provisions of this Article VII shall be applicable to
any former Employees entitled to a Pension under the provisions of Article VIII-Employment
Transfers.
7.6 Rollover to Another Plan or IRA: 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 Committee, to have any portion of an
Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the
Distributee in a Direct Rollover. The Committee shall establish procedures for implementing
such Direct Rollover distribution.
(a) Definitions: For purposes of this Section 7.6, the following definitions shall
apply:
(i) "Eligible Rollover Distribution": An "Eligible Rollover Distribution" is
any distribution of all or any portion of the balance to the credit of the Distributee, except that an
Eligible Rollover Distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) trade for the life (or life
expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the
Distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution
to the extent such distribution is required under Section 401(a)(9) of the Code; and the portion of
any distribution that is not includable in gross income. With respect to distributions made after
December 31, 2001, a portion of a distribution shall not fail to be an eligible rollover distribution
merely because the portion consists of after-tax employee contributions which are not includible in
gross income. However, such portion may be paid only to an individual retirement account or
annuity described in Section 408(a) or (b) of the Code (a "traditional IRA") or a Roth individual
account or annuity described in Section 408A of the Code (a "Roth IRA"), or to a qualified defined
contribution, defined benefit or annuity plan described in Section 401(a) or 403(a) of the Code, or to
an annuity contract described in Section 403(b) of the Code, if such plan or contract provides for
separate accounting for amounts so transferred (including interest thereon), including separately
accounting for the portion of such distribution which is includible in gross income and the portion of
such distribution which is not so includible.
(ii) "Eligible Retirement Plan": An "Eligible Retirement Plan" is a
traditional IRA, an annuity plan described in Section 403(a) of the Code, a qualified trust
described in Section 401(a) of the Code, an annuity contract described in Section 403(b) of the
Code, an eligible plan under Section 457(b) of the Code which is maintained by a state, political
subdivision of a state, or any agency or instrumentality of a state or political subdivision of a
state and which agrees to separately account for amounts transferred into such plan from this
Plan, or, effective January 1, 2008, a Roth IRA that accepts the Distributee's Eligible Rollover
Distribution, or, effective December 8, 2015, a SIMPLE IRA. However, in the case of an
Eligible Rollover Distribution to the surviving spouse or a Participant's surviving Beneficiary, an
Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
The definition of Eligible Retirement Plan shall also apply in the case of a distribution to a
surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified
domestic relation order, as defined in Section 414(p) of the Code. If any portion of an Eligible
Rollover Distribution is attributable to payments or distributions from a designated Roth account,
VII-3
an Eligible Retirement Plan with respect to such portion shall include only another designated
Roth account of the individual from whose account the payments or distributions were made, or
a Roth IRA of such individual.
(iii) "Distributee": A "Distributee" includes a Participant or former Participant.
In addition, the employee's or former employee's surviving spouse and the employee's or former
employee's spouse or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in § 414(p) of the Code, are distributees with regard to the interest of
the spouse or former spouse. For distributions occurring in plan years beginning after December
31, 2009 (or in any earlier plan year beginning after December 31, 2006 as may be specified in
the adoption agreement), a distributee also includes the participant's nonspouse designated
beneficiary under Section 2.1(f) of the Plan. In the case of a nonspouse beneficiary, the direct
rollover may be made only to a traditional IRA or Roth IRA that is established on behalf of the
designated beneficiary and that will be treated as an inherited IRA pursuant to the provisions of
Section 402(c)(11) of the Code. Also, in this case, the determination of any required minimum
distribution under Section 401(a)(9) that is ineligible for rollover shall be made in accordance
with Notice 2007-7, Q&A 17 and 18, 2007-5 I.R.B. 395.
(iv) "Direct Rollover": A "Direct Rollover" is a payment by the Plan directly to
the Eligible Retirement Plan specified by the Distributee.
7.7 Minimum Distribution Requirements:
(a) General Rules:
(i) Effective Date. The provisions of this Section will apply for purposes of
determining required minimum distributions for calendar years beginning with the 2003 calendar
year.
(ii) Precedence. The requirements of this Section will take precedence over
any inconsistent provisions of the Plan.
(iii) Requirements of Regulations Incorporated. All distributions required
under this Section will be determined in accordance with Section 401(a)(9) of the Internal
Revenue Code, including the incidental death benefit requirement of Section 401(a)(9)(G), and
the Income Tax Regulations thereunder.
(iv) TEFRA Section 242(b)(2) Elections. Notwithstanding the other
provisions of this Section, other than Subsection (iii), distributions may be made under a
designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax
Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to
Section 242(b)(2) of TEFRA.
(b) Time and Manner of Distribution:
(i) Required Beginning Date. The Participant's entire interest will be
distributed, or begin to be distributed, to the Participant no later than the Participant's required
beginning date.
VII-4
(ii) Death of Participant Before Distributions Begin. If the Participant dies
before distributions begin, the Participant's entire interest will be distributed, or begin to be
distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole
designated beneficiary, then, except as provided in the adoption
agreement, distributions to the surviving spouse will begin by December
31 of the calendar year immediately following the calendar year in which
the Participant died, or by December 31 of the calendar year in which the
Participant would have attained age 70V2, if later.
(2) If the Participant's surviving spouse is not the Participant's sole
designated beneficiary, then, distributions to the designated beneficiary
will begin by December 31 of the calendar year immediately following the
calendar year in which the Participant died.
(3) If there is no designated beneficiary as of September 30 of the year
following the year of the Participant's death, the Participant's entire
interest will be distributed by December 31 of the calendar year containing
the fifth anniversary of the Participant's death.
(4) If the Participant's surviving spouse is the Participant's sole
designated beneficiary and the surviving spouse dies after the Participant
but before distributions to the surviving spouse begin, this Subsection
(b)(ii), other than Subsection (b)(ii)(1), will apply as if the surviving
spouse were the Participant.
For purposes of this Subsection (ii) and Subsection (e), distributions are considered to
begin on the Participant's required beginning date (or, if Subsection (b)(ii)(4) applies, the
date distributions are required to begin to the surviving spouse under Subsection
(b)(ii)(1)). If annuity payments irrevocably commence to the Participant before the
Participant's required beginning date (or to the Participant's surviving spouse before the
date distributions are required to begin to the surviving spouse under Subsection
(b)(ii)(1), the date distributions are considered to begin is the date distributions actually
commence.
(iii) Form of Distribution. Unless the Participant's interest is distributed in
the form of an annuity purchased from an insurance company or in a single sum on or before the
required beginning date, as of the first distribution calendar year distributions will be made in
accordance with Subsections (c), (d) and (e) of this Section. If the Participant's interest is
distributed in the form of an annuity purchased from an insurance company, distributions
thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code
and the Treasury regulations.
(c) Determination of Amount to be Distributed Each Year:
VII-5
(i) General Annuity Requirements. If the Participant's interest is paid in the
form of annuity distributions under the Plan, payments under the annuity will satisfy the
following requirements:
(1) the annuity distributions will be paid in periodic payments made at
intervals not longer than one year;
(2) the distribution period will be over a life (or lives) or over a period
certain not longer than the period described in Section (d) or (e);
(3) once payments have begun over a period certain, the period certain
will not be changed even if the period certain is shorter than the maximum
permitted;
(4) payments will either be nonincreasing or increase only as follows:
by an annual percentage increase that does not exceed the
annual percentage increase in a cost -of -living index that is
based on prices of all items and issued by the Bureau of Labor
Statistics;
b to the extent of the reduction in 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 Section (d) dies
or is no longer the Participant's beneficiary pursuant to a
qualified domestic relations order within the meaning of
Section 414(p);
c to provide cash refunds of employee contributions upon the
Participant's death; or
d to pay increased benefits that result from a plan amendment.
(ii) Amount Required to be Distributed by Required Beginning Date. The
amount that must be distributed on or before the Participant's required beginning date (or, if the
Participant dies before distributions begin, the date distributions are required to begin under
Subsection (b)(ii)(1) or (2)) is the payment that 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 periods for which payments are
received, e.g., bi-monthly, monthly, semi-annually, or annually. All of the Participant's benefit
accruals as of the last day of the first distribution calendar year will be included in the calculation
of the amount of the annuity payments for payment intervals ending on or after the Participant's
required beginning date.
(iii) Additional Accruals After First Distribution Calendar Year. Any
additional benefits accruing to the Participant in a calendar year after the first distribution
VII-6
calendar year will be distributed beginning with the first payment interval ending in the calendar
year immediately following the calendar year in which such amount accrues.
(d) Requirements For Annuity Distributions That Commence During
Participant's Lifetime:
(i) Joint Life Annuities Where the Beneficiary Is Not the Participant's
Spouse. 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-
2 of Section 1.401(a)(9)-6 of the Treasury regulations. If the form of distribution combines a
joint and survivor annuity for the joint lives of the Participant and a nonspouse beneficiary and a
period certain annuity, the requirement in the preceding sentence will apply to annuity payments
to be made to the designated beneficiary after the expiration of the period certain.
(ii) Period Certain Annuities. Unless the Participant's spouse is the sole
designated beneficiary and the form of distribution is a period certain and no life annuity, the
period certain for an annuity distribution commencing during the Participant's lifetime may not
exceed the applicable distribution period for the Participant under the Uniform Lifetime Table
set forth in Section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that contains
the annuity starting date. If the annuity starting date precedes the year in which the Participant
reaches age 70, the applicable distribution period for the Participant is the distribution period for
age 70 under the Uniform Lifetime Table set forth in Section 1.401(a)(9)-9 of the Treasury
regulations plus the excess of 70 over the age of the Participant as of the Participant's birthday in
the year that contains the annuity starting date. If the Participant's spouse is the Participant's
sole designated beneficiary and the form of distribution is a period certain and no life annuity,
the period certain may not exceed the longer of the Participant's applicable distribution period,
as determined under this Section (d)(ii), or the joint life and last survivor expectancy of the
Participant and the Participant's spouse as determined under the Joint and Last Survivor Table
set forth in Section 1.401(a)(9)-9 of the Treasury regulations, using the Participant's and
spouse's attained ages as of the Participant's and spouse's birthdays in the calendar year that
contains the annuity starting date.
(e) Requirements For Minimum Distributions After the Participant's Death:
(i) Death After Distributions Begin. If the Participant dies after distribution
of his or her interest begins in the form of an annuity meeting the requirements of this Article,
the remaining portion of the Participant's interest will continue to be distributed over the
remaining period over which distributions commenced.
(ii) Death Before Distributions Begin.
a. Participant Survived by Designated Beneficiary. If the
Participant dies before the date distribution of his or her interest begins and there
is a designated beneficiary, the Participant's entire interest will be distributed,
VII-7
beginning no later than the time described in Subsection (b)(ii)(1) or (2), over the
life of the designated beneficiary or over a period certain not exceeding:
(1) unless the annuity starting date is before the first
distribution calendar year, the life expectancy of the designated
beneficiary determined using the beneficiary's age as of the beneficiary's
birthday in the calendar year immediately following the calendar year of
the Participant's death; or
(2) if the annuity starting date is before the first distribution
calendar year, the life expectancy of the designated beneficiary determined
using the beneficiary's age as of the beneficiary's birthday in the calendar
year that contains the annuity starting date.
b. No Designated Beneficiary. If the Participant dies before the date
distributions begin and there is no designated beneficiary as of September 30 of
the year following the year of the Participant's death, distribution of the
Participant's entire interest will be completed by December 31 of the calendar
year containing the fifth anniversary of the Participant's death.
C. Death of Surviving Spouse Before Distributions to Surviving
Spouse Begin. If the Participant dies before the date distribution of his or her
interest begins, the Participant's surviving spouse is the Participant's sole
designated beneficiary, and the surviving spouse dies before distributions to the
surviving spouse begin, this Section (e) will apply as if the surviving spouse were
the Participant, except that the time by which distributions must begin will be
determined without regard to Subsection (b)(ii)(1).
(f) Definitions:
(i) Designated Beneficiary. The individual who is designated as the
beneficiary under Section 6.5 of the Plan and is the designated beneficiary under Section
401(a)(9) of the Internal Revenue Code and Section 1.401(a)(9)-4 of the Treasury regulations.
(ii) Distribution Calendar Year. A calendar year for which a minimum
distribution is 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 Subsection (b)(ii).
(iii) Life Expectancy. Life expectancy as computed by use of the Single Life
Table in Section 1.401(a)(9)-9 of the Treasury regulations.
(iv) Required Beginning Date. The April 1 of the calendar year following the
later of the calendar year in which the Participant attains age 70Y2, or if later, retires.
VII-8
ARTICLE VIII.
Employment Transfers
8.1 Transfers From This Plan:
(a) To Another Category With This Employer: If a Participant is employed by the
Employer under this Plan and is transferred to employment with this Employer but under another
department, classification or category, so that he is no longer eligible to participate in this Plan,
such participation shall thereupon cease; his benefits shall remain in the Fund (unless such
Participant is eligible for his Normal Pension in accordance with Section 4.1); but he will not
continue to accrue service for the purposes of benefit accruals or additional vesting credit for
benefits under this Plan. However, if a Participant participates ih any other retirement plan
sponsored by the Employer within the Fund, he shall continue to accrue Service for vesting
purposes under this Plan.
(b) To Another Municipality: If a Participant's employment by the Employer under
this Plan is terminated by virtue of his transfer to employment with another Municipality, his
participation in this Plan shall thereupon cease and he shall be subject to the following rules and
requirements relating to this Plan and his right and benefits hereunder:
(1) If he is eligible for a Pension under this Plan as of the date of such
employment transfer, he shall be entitled to his Pension. If he is, upon such transfer of employment,
covered by the retirement plan under which such other Municipality participates in the Oklahoma
Municipal Retirement Fund, and he has not withdrawn his Aggregate Contributions in this Plan,
then he will continue to accrue Service in this Plan for the purpose of the determination of
attainment of Normal Retirement Age under this Plan, but shall not be entitled to credit for Service
while not a Participant under this Plan for the purpose of computing the amount of any benefit under
this Plan; or
(2) If he is not eligible for a Pension under this Plan as of the date of such
employment transfer, and he is, upon such transfer of employment, covered by the retirement plan
under which such other Municipality participates in the Oklahoma Municipal Retirement Fund, his
Aggregate Contributions shall remain in the Fund and will continue to accrue interest, and he will
continue to accrue Service for the purpose of meeting eligibility requirements for benefits and for
determination of attainment of Normal Retirement Age under this Plan, but shall not be entitled to
credit for Service while not a Participant under this Plan for the purpose of computing the amount of
any benefit under this Plan and upon so meeting such eligibility requirements for benefits, he or his
Beneficiaries shall be entitled to such benefits.
8.2 Transfers to This Plan:
(a) From Another Category with This Employer: Effective for Plan Years
beginning on or after July 1, 1998, if a person becomes an Employee and a Participant under this
Plan upon his transfer from full-time, regular employment with this Employer under another
department, classification or category where he is ineligible for membership only because of the
type of such employment, his Service accrued by virtue of such prior employment shall not be
counted in determining his eligibility for benefits hereunder and not in computing the amount of
VIII-I
such benefits, and he shall also be subject to all the other provisions of this Plan, provided such
transfer occurred prior to the adoption of this Plan. Provided, however, for Plan Years ending
prior to July 1, 1998, the rules of the prior Plan document shall apply with respect to such
transfers.
(b) From Another Municipality: If a person becomes an Employee and a
Participant under this Plan upon his transfer from full-time, regular employment with a
Municipality other than this Employer, his Service accrued by virtue of such prior employment
shall be counted in determining his eligibility and vesting for benefits hereunder, but not in
computing the amount of such benefits, and he shall also be subject to all the other provisions of
this Plan. An Employee's eligibility for membership under this Plan will be determined by
applying the eligibility requirements in the Joinder Agreement as though the date his credited
service from the other Municipality began was his date of employment with this Employer.
Provided, however, no such Service shall be counted if the Participant was not 100% vested in
the other Municipality's qualified retirement plan and the Participant received a distribution of
his benefit under such Plan unless the distribution of his benefit was paid after becoming vested
with this Employer.
(c) Previously Fully Vested With A Municipality: With respect to a Participant
who was previously 100% vested in any Municipality's qualified retirement plan in the Fund,
prior to becoming a Participant in this Plan, such Participant's "Service" for purposes of
determining years of service for eligibility and vesting under this Plan shall include the
Participant's last continuous period during which the Participant was an employee of the
Municipality.
8.3 Notice of Transfers: After any transfer of employment referred to in Sections 8.1 or 8.2,
the transferred Employee shall give written notice of such transfer to the Authorized Agent on a
form furnished by the Authorized Agent. Such Employee shall not be penalized, however, for
failure to give such notice. The Authorized Agent shall give immediate notice in writing of such
transfers to the Committee.
VIII-2
ARTICLE IX.
Administration
9.1 Administration: The Plan shall be administered by the Committee which is hereby
created and established and which shall be composed of the members of the City Council of the
Employer. The duties of the Committee shall be performed without compensation other than the
compensation, if any, which they receive as officers of the Employer unless additional
compensation is specifically provided for by action of the City Council. Any usual and
reasonable expenses incurred by the Committee in the administration of this Fund and Plan shall
be paid by the Employer.
(a) Committee: The Committee shall have such powers as may be necessary to
discharge its duties hereunder and under the document creating the Oklahoma Municipal
Retirement Fund, and under the contract for the pooling of the Fund with similar funds of other
Municipalities. Such powers shall include but not be limited to the following powers and duties:
(1) to delegate to, specify, direct, and supervise the performance of duties of the
Authorized Agent, as the agent of the Employer and Committee in matters relating to the Plan, and
the Fund, including but not limited to, the duties set forth below in Subsection 9.1(b) and including
any duties of the Employer under the Plan, or as set forth in this Subsection 9.1(a);
(2) acting by direction to the Authorized Agent to file a petition for nomination,
or otherwise nominate, and cast the ballot for the election of Trustees of the Oklahoma Municipal
Retirement Funds;
(3) to construe and interpret the Plan and resolve any ambiguities with respect to
any of the terms and provisions thereof as written and as applied to the operation of the Plan;
(4) decide all questions of eligibility and determine the amount, manner and
time of payment of any benefits hereunder;
(5) to prescribe procedures to be followed by Participants in filing applications
for benefits;
1 (6) to make a determination as to the right of any person to a benefit and to
afford any person dissatisfied with such determination the right to a hearing thereon;
(7) to receive from the Employer, the Trustees, the Trust Service Provider and
the Authorized Agent, such information as shall be necessary for the proper administration of the
Plan;
(8) to prepare and distribute, in such manner as it determines to be appropriate,
information explaining the Plan;
(9) to furnish the Employer, upon request, such annual reports with respect to
the administration of the Plan as are reasonable and appropriate;
IX-1
(10) to receive and review the valuation report and certification of the Plan,
prepared annually by the actuarial firm, and on the basis thereof to certify to the Employer's
budgetary authority an appropriate contribution rate in time for the incorporation, when necessary,
of the resulting costs in the budget, and make timely appropriations therefor,
(11) to receive and review reports from the auditor appointed by the Trustees, the
City Treasurer and City Auditors, of the financial condition of the Fund;
(12) to have full power, to manage and control, the Plan and Fund and to
authorize in writing, all payments from the Fund by written direction of the Authorized Agent, or
otherwise; and
(13) to sue in any court of competent jurisdiction for the enforcement of any
contract, claim or other right, and to defend against or to compromise, settle or otherwise dispose of
any claim or suit against the Employer, the Plan, or the City Treasurer, as Treasurer of the Plan.
(14) to appoint such person or persons as necessary to perform the following:
a. to receive and separately account for, payments, appropriations,
apportionments, allocations, payroll deductions, and any other assets, which are for, or
consist of contributions or assets under the Plan for the Fund, which are made by the
Employer, the Participants, or from any other source;
b. to transfer, remit, pay over and deliver, upon the written direction of
the Authorized Agent, as soon as practicable after his receipt thereof, all such
contributions and assets, to the Oklahoma Municipal Retirement Fund for management
and investment;
c. to keep as evidence and permanent records, all such written
directions of the Authorized Agent for such transfers and disbursements, maintain
accurate accounts and records of such receipts, transfers and disbursements, and keep
such other records and furnish such information and advice to the Employer, the City
Council, the Committee and the Authorized Agent as may be necessary and proper for
the performance of such duties in coordinating the administration and operation of the
Plan;
d. maintain such records including vital statistics on health, age, sex,
birth, death, Compensation and length of Service of all the Participants of the Employer
or their beneficiaries who are included in the Plan or who are, or may become eligible for
such inclusion, as are necessary for the proper administration of the Plan, and furnish
such information as is requested by the Authorized Agent;
e. notify the Authorized Agent when any Participant is eligible for
Retirement under the Plan; and
f. attend meetings of the Committee while matters pertaining to the
Plan, the Participants or their beneficiaries are under consideration.
IX-2
The Committee shall have no power to waive or fail to apply any requirements of eligibility
for a Pension under the Plan. The Committee may adopt such rules, regulations and actuarial tables
as it deems necessary or desirable to administer the Plan. All such rules, regulations and decisions
shall be uniformly and consistently applied to all Employees in similar circumstances.
Any such rule or decision which is not inconsistent with the provisions of the Plan shall be
conclusive and binding upon all persons affected by it and there shall be no appeal from any ruling
by the Committee which is within its authority.
When making a determination or calculation, the Committee shall be entitled to rely upon
information furnished by the Trustees, the Trust Service Provider, the Employer, the Authorized
Agent, the legal counsel of the Employer, or the actuary for the Plan.
(b) Authorized Agent: An Authorized Agent shall be designated in writing by the
Committee and shall act as the agent of the Employer (but not the agent of the Trustees or the
Trust Service Provider of the Fund) in matters pertaining to the Plan and the Fund, to centralize
in one person the local administration and coordination thereof, and to file payroll and
contribution information, to file claims, forms and applications for Participants, and to advise
Participants, the Employer and the Committee. The Authorized Agent, under the control and
direction of the Committee, shall have such general duties as the Employer and the Committee
may deem necessary and proper for such purposes, which duties shall include but not be limited
to, the following:
(1) to coordinate the deduction of Participant contributions and to see that
Employer and Participant contributions are properly received and forwarded promptly to the Fund
for management and investment;
(2) to forward any communications directed to Participants and Beneficiaries by
the Trustees, the Trust Service Provider or the Fund;
(3) to lend assistance to Participants and Beneficiaries in filing applications for
benefits, and in communicating with the Employer, the Committee and the Trustees or the Trust
Service Provider of the Fund and to forward such communications to the addressees;
(4) to keep the Employer and Committee informed regarding Employer
contribution rates and funds required to meet the costs of the Plan;
(5) to assist the Committee in determining whether or not Employees are
eligible for participation in the Plan;
(6) to certify at the direction of the Committee that an Employee is on an
Authorized Leave of Absence, paid or unpaid; and
(7) to file at the direction of the Committee a petition or nomination and cast a
ballot for election of Trustees of the Fund.
IX-3
(c) Plan Municipal Counselor: The Committee of the Employer shall appoint the
legal advisor of the Employer and the Committee, and such legal advisor shall represent them in
any legal matters, proceedings, or litigation.
9.2 Bonds: No bond to secure the performance of administrative duties in the operation of
the Plan and the Fund, shall be required of any persons or organizations unless required by law,
or unless required by the Trust indenture establishing Fund, or unless required by the Employer
for any persons or organizations engaged in the administration of the Plan. If such a bond is
required by law, the Trustees or the Employer, the premiums therefor shall be paid as expenses
of the Fund. Any agents, officials of employees of the Employer engaged in the administration
for the Plan shall be covered as to the performance of such administrative duties, by any official
or other bond covering their regular duties otherwise.
9.3 Benefit Payments: All benefits which are to be paid pursuant to the provisions of the
Plan, shall be paid under the direction of the Committee out of the applicable portion of the
Fund, upon written directions of the Committee acting through the Authorized Agent.
9.4 Abandonment of Benefits:
(a) If, anytime following the date either of a Participant or Beneficiary of a deceased
Participant becomes entitled to receive any non -deferred benefits under the Plan, then, if the
whereabouts of such Participant or Beneficiary is unknown, the benefits may be forfeited in certain
limited circumstances as provided hereafter. If the Committee has mailed to the Participant or
Beneficiary notice of the present right to receive benefits, and the Committee mails such notice
again after one year, then, if no claim has been received by the second anniversary of the first
mailing of the notice, the Accounts representing unclaimed Benefits (including those holding
Participant contributions) shall be forfeited.
(b) Each Participant and Beneficiary shall file with the Committee, from time to time in
writing, their post office address and each change of post office address, if any, and the Committee
shall not be obliged to search for or ascertain the whereabouts of any Participant or Beneficiary.
Any communication addressed to a Participant or Beneficiary at their last post office address Fled
with the Committee, or if no such address was filed, then at their last post office address as shown
on the Employer's records, shall be binding on the Participant and the Beneficiary for all purposes
of the Plan and Trust.
(c) In the event that the whereabouts of a lost Participant, or lost Beneficiary of a
deceased Participant, ever becomes known to the Committee, and either of such parties makes a
claim for benefits, the Committee shall, if the Plan is in existence, reinstate any Benefits which have
been previously forfeited to satisfy such claim, including any applicable cost -of -living adjustments.
For purposes of this Subsection (c), the limitations under Section 415 of the Code shall not apply.
9.5 Benefits Payable to Incompetents: Any payments due hereunder to a minor or other
person under legal disability may be made to a valid power of attorney, a court appointed
guardian, or any other person authorized under state law to receive the benefit. The Committee
shall not be required to see to the application of any such payment, and the payee's receipt shall
IX-4
be a full and final discharge of all responsibility hereunder of the Employer, the Committee and
the Trustees.
9.6 No Participant Loans Permitted: Loans to Participants are not permitted under this
Plan. Any references to Participant Loans in the Trust Indenture establishing the Oklahoma
Municipal Retirement Fund shall not be applicable to this Plan.
IX-5
ARTICLE X.
Limitations
10.1 Limitations on Benefits Relating to Section 415 of Internal Revenue Code of 1986:
(a) Notwithstanding any other provision contained herein to the contrary, the benefits
payable to a Participant from the Plan provided by employer contributions (including
contributions picked up by the employer under Code Section 414(h)) shall be subject to the
limitations of Code Section 415 in accordance with the provisions of this Article. The
limitations of this Article shall apply in limitation years beginning on or after July 1, 2007,
except as otherwise provided below.
(b) Except as provided below, effective for limitation years ending after December
31, 2007, any accrued retirement benefit otherwise payable to a Participant under the Plan at any
time shall not exceed the Maximum Permissible Benefit. If the benefit the Participant would
otherwise accrue in a Limitation Year would produce an Annual Benefit in excess of the
Maximum Permissible Benefit, the benefit shall be limited (or the rate of accrual reduced) to a
benefit that does not exceed the Maximum Permissible Benefit.
(c) If the Participant is, or has ever been, a Participant in another qualified defined
benefit plan (without regard to whether the Plan has been terminated) maintained by the
Employer or a predecessor employer, the sum of the Participant's Annual Benefits from all such
plans may not exceed the Maximum Permissible Benefit. Where the Participant's Employer -
provided benefits under all such defined benefit plans (determined as of the same age) would
exceed the Maximum Permissible Benefit applicable at that age, the Employer will apply the
benefit accrual limit first to the plan that is not a broad -based participation plan.
(d) The application of the provisions of this Article shall not cause the Maximum
Permissible Benefit for any Participant to be less than the Participant's accrued benefit under all
the defined benefit plans of the Employer or a predecessor employer as of the end of the last
Limitation Year beginning before July 1, 2007 under provisions of the plans that were both
adopted and in effect before April 5, 2007. The preceding sentence applies only if the provisions
of such defined benefit plans that were both adopted and in effect before April 5, 2007 satisfied
the applicable requirements of statutory provisions, regulations, and other published guidance
relating to Code Section 415 in effect as of the end of the last Limitation Year beginning before
July 1, 2007, as described in Treas. Reg. Section 1.415(a)-1(g)(4).
(e) The limitations of this Article shall be determined and applied taking into account
the rules in Section 10.7.
10.2 Definitions: For purposes of calculating the limitations which are otherwise applicable
to a Participant pursuant to Section 415 of the Code and this Plan, the following definitions shall
apply.
(a) Annual Benefit: A benefit that is payable annually in the form of a straight life
annuity. Except as provided below, where a benefit is payable in a form other than a straight life
annuity, the benefit shall be adjusted to an actuarially equivalent straight life annuity that begins
at the same time as such other form of benefit and is payable on the first day of each month
before applying the limitations of this Article. For a Participant who has or will have
distributions commencing at more than one annuity starting date, the Annual Benefit shall be
determined as of each such annuity starting date (and shall satisfy the limitations of this Article
as of each such date), actuarially adjusting for past and future distributions of benefits
commencing at the other annuity starting dates. For this purpose, the determination of whether a
new starting date has occurred shall be made without regard to Treas. Reg. Section 1.401(a)-20,
Q&A 10(d), and with regard to Treas. Reg. Section 1.415(b)-1(b)(1)(iii)(B) and (C).
No actuarial adjustment to the benefit shall be made for (a) survivor benefits payable to a
surviving spouse under a qualified joint and survivor annuity to the extent such benefits would
not be payable if the Participant's benefit were paid in another form; (b) benefits that are not
directly related to retirement benefits (such as a qualified disability benefit, preretirement
incidental death benefits, and postretirement medical benefits); or (c) the inclusion in the form of
benefit of an automatic benefit increase feature, provided the form of benefit is not subject to
Code Section 417(e)(3) and would otherwise satisfy the limitations of this Article, and the Plan
provides that the amount payable under the form of benefit in any Limitation Year shall not
exceed the limits of this Article applicable at the annuity starting date, as increased in subsequent
years pursuant to Code Section 415(d). For this purpose, an automatic benefit increase feature is
included in a form of benefit if the form of benefit provides for automatic, periodic increases to
the benefits paid in that form.
The determination of the Annual Benefit shall take into account Social Security supplements
described in Code Section 411(a)(9) and benefits transferred from another defined benefit plan,
other than transfers of distributable benefits pursuant to Treas. Reg. Section 1.411(d)-4, Q&A-
3(c), but shall disregard benefits attributable to employee contributions or rollover contributions.
Effective for distributions in Plan Years beginning after December 31, 2003, the determination
of actuarial equivalence of forms of benefit other than a straight life annuity shall be made in
accordance with Section 10.2(a)(1) or Section 10.2(a)(2).
(1) Benefit Forms Not Subject to §417(e)(3): The straight life annuity that is
actuarially equivalent to the Participant's form of benefit shall be determined under this Section
10.2(a)(1) if the form of the Participant's benefit is either (1) a nondecreasing annuity (other than
a straight life annuity) payable for a period of not less than the life of the Participant (or, in the
case of a qualified pre -retirement survivor annuity, the life of the surviving spouse), or (2) an
annuity that decreases during the life of the Participant merely because of (a) the death of the
survivor annuitant (but only if the reduction is not below 50% of the benefit payable before the
death of the survivor annuitant), or (b) the cessation or reduction of Social Security supplements
or qualified disability payments (as defined in Code Section 401(a)(11)).
(i) Limitation Years beginning before July 1, 2007. For Limitation Years
beginning before July 1, 2007, the actuarially equivalent straight life annuity is equal to the
annual amount of the straight life annuity commencing at the same annuity starting date that has
the same actuarial present value as the Participant's form of benefit computed using whichever
of the following produces the greater annual amount: (I) the interest rate specified in Section
2.1(b) of the Plan and the mortality table (or other tabular factor) specified in Section 2.1(b) of
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the Plan for adjusting benefits in the same form; and (II) a 5 percent interest rate assumption and
the applicable mortality table defined in Section 2.1(b) of the Plan for that annuity starting date.
(ii) Limitation Years beginning on or after July 1, 2007. For Limitation Years
beginning on or after July 1, 2007, the actuarially equivalent straight life annuity is equal to the
greater of (1) the annual amount of the straight life annuity (if any) payable to the Participant
under the Plan commencing at the same annuity starting date as the Participant's form of benefit;
and (2) the annual amount of the straight life annuity commencing at the same annuity starting
date that has the same actuarial present value as the Participant's form of benefit, computed
using a 5 percent interest rate assumption and the applicable mortality table defined in Section
2.1(b) of the Plan for that annuity starting date.
(2) Benefit Forms Subject to Code Section 417(e)(3): The straight life annuity that is
actuarially equivalent to the Participant's form of benefit shall be determined under this
paragraph if the form of the Participant's benefit is other than a benefit form described in Section
10.2(a)(1). In this case, the actuarially equivalent straight life annuity shall be determined as
follows:
(i) Annuity Starting Date in Plan Years Beginning After 2005. Except as
provided in Section 10.2(a)(2)(iii), if the annuity starting date of the Participant's form of benefit
is in a Plan Year beginning after December 31, 2005, the actuarially equivalent straight life
annuity is equal to the greatest of:
(a) The annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present value as the Participant's
form of benefit, computed using the interest rate and the mortality table (or other tabular
factor) specified in the Plan for adjusting benefits in the same form;
(b) The annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present value as the Participant's
form of benefit, computed using a 5.5 percent interest rate assumption and the applicable
mortality table for the distribution under Regulations Section 1.417(e)-1(d)(2)
(determined in accordance with Section 10.2(a)(2)(v) for Plan Years after the effective
date specified below); and
(c) The annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present value as the Participant's
form of benefit, computed using the applicable interest rate for the distribution under
Regulations Section 1.417(e)-1(d)(3) (determined in accordance with Section
10.2(a)(2)(v) for Plan Years on or after January 1, 2008 and the applicable mortality table
for the distribution under Regulations Section 1.417(e)-1(d)(2) (determined in accordance
with Section 10.2(a)(2)(v) for Plan Years after the effective date specified below),
divided by 1.05.
The effective date of the applicable mortality table above is for years beginning after
December 31, 2008.
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(ii) Annuity Starting Date in Plan Years Beginning in 2004 or 2005. If the
annuity starting date of the Participant's form of benefit is in a Plan Year beginning in 2004 or
2005, the actuarially equivalent straight life annuity is equal to the annual amount of the straight
life annuity commencing at the same annuity starting date that has the same actuarial present
value as the Participant's form of benefit, computed using whichever of the following produces
the greater annual amount: (1) the interest rate specified in Section 2.1(b) of the Plan and the
mortality table (or other tabular factor) specified in Section 2.1(b) of the Plan for adjusting
benefits in the same form; and (I1) a 5.5 percent interest rate assumption and the applicable
mortality table for the distribution under Treas. Reg. Section 1.417(e)-i(d)(2).
However, this Section does not supersede any prior election to apply the transition rule of section
101(d)(3) of PFEA as described in Notice 2004-78.
(iii) Annuity Starting Date in small plans for Plan Years Beginning in
2009 and later. If the annuity starting date of the Participant's form of benefit is in a Plan Year
beginning in or after 2009, and if the Plan is maintained by an eligible employer as defined Code
Section 408(p)(2)(C)(i), the actuarially equivalent straight life annuity is equal to the annual
amount of the straight life annuity commencing at the same annuity starting date that has the
same actuarial present value as the Participant's form of benefit, computed using whichever of
the following produces the greater annual amount:
(a) The interest rate and the mortality table (or other tabular factor)
specified in the Plan for adjusting benefits in the same form; and
(b) A 5.5 percent interest rate assumption and the applicable mortality
table described in Section 10.2(a)(2)(iv).
(iv) Definition of "Applicable Mortality Table." Effective for annuity
starting dates in a Plan Year beginning on or after January 1, 2008, for purposes of this Article,
the "applicable mortality table" means the applicable mortality table within the meaning of Code
Section 417(e)(3)(B) as described in Revenue Ruling 2007-67.
(v) Applicable interest rate. For purposes of the Plan's provisions relating
to the calculation of the present value of a benefit payment that is subject to Code Section 417(e),
as well as any other Plan provision referring directly or indirectly to the "applicable interest rate"
or "applicable mortality table" used for purposes of Code Section 417(e), any provision
prescribing the use of the annual rate of interest on 30-year U.S. Treasury securities shall be
implemented by instead using the rate of interest determined by applicable interest rate described
by Code Section 417(e) after its amendment by PPA. Specifically, the applicable interest rate
shall be the adjusted first, second, and third segment rates applied under the rules similar to the
rules of Code Section 430(h)(2)(C) for the calendar month (lookback month) before the first day
of the Plan Year in which the annuity starting date occurs (stability period). For this purpose, the
first, second, and third segment rates are the first, second, and third segment rates which would
be determined under Code Section 430(h)(2)(C) if:
X-4
(a) Code Section 430(h)(2)(D) were applied by substituting the
average yields for the month described in the preceding paragraph for the average yields
for the 24-month period described in such section, and
(b) Code Section 430(h)(2)(G)(i)(II) were applied by substituting
"Section 417(e)(3)(A)(ii)(II) for "Section 412(b)(5)(B)(ii)(li)," and
(c) The applicable percentage under Code Section 430(h)(2)(G) is
treated as being 20% in 2008, 40% in 2009, 60% in 2010, and 80% in 2011.
(b) Compensation: Compensation is defined as wages, differential wage payments
under Code Section 3401(h) made after December 31, 2008, salaries, and fees for professional
services and other amounts received (without regard to whether or not an amount is paid in cash)
for personal services actually rendered in the course of employment with the employer
maintaining the Plan to the extent that the amounts are includible in gross income (including, but
not limited to, commissions paid salespersons, compensation for services on the basis of a
percentage of profits, commissions on insurance premiums, tips, bonuses, fringe benefits, and
reimbursements, or other expense allowances under a nonaccountable plan (as described in
Treas. Reg. Section § 1.62-2(c), and excluding the following:
(i) Employer contributions (other than elective contributions described in
Code Sections 402(e)(3), 408(k)(6), 408(p)(2)(A)(i), or 457(b)) to a plan of deferred
compensation (including a simplified employee pension described in Code Section 408(k) or a
simple retirement account described in Code Section 408(p), and whether or not qualified) to the
extent such contributions are not includible in the employee's gross income for the taxable year
in which contributed, and any distributions (whether or not includible in gross income when
distributed) from a plan of deferred compensation (whether or not qualified);
(ii) Amounts realized from the exercise of a nonstatutory stock option (that is,
an option other than a statutory stock option as defined in Treas. Reg. Section 1.421-1(b)), or
when restricted stock (or property) held by the employee either becomes freely transferable or is
no longer subject to a substantial risk of forfeiture:
(iii) Amounts realized from the sale, exchange or other disposition of stock
acquired under a statutory stock option;
(iv) Other amounts that receive special tax benefits, such as premiums for
group -term life insurance (but only to the extent that the premiums are not includible in the gross
income of the employee and are not salary reduction amounts that are described in Code Section
125);
(v) Other items of remuneration that are similar to any of the items listed in (i)
through (iv).
For Limitation Years beginning more than 90 days after the close of the first regular legislative
session of the legislative body with authority to amend the Plan that begins on or after July 1,
2007, compensation for a Limitation Year shall also include compensation paid by the later of
X-5
2%: months after an employee's severance from employment with the employer maintaining the
Plan or the end of the Limitation Year that includes the date of the employee's severance from
employment with the employer maintaining the Plan, if the payment is regular compensation for
services during the employee's regular working hours, or compensation for services outside the
employee's regular working hours (such as overtime or shift differential), commissions, bonuses,
or other similar payments, and, absent a severance from employment, the payments would have
been paid to the employee while the employee continued in employment with the employer.
Any payments not described above shall not be considered compensation if paid after severance
from employment, even if they are paid by the later of 2% months after the date of severance
from employment or the end of the Limitation Year that includes the date of severance from
employment, except, payments to an individual who does not currently perform services for the
employer by reason of qualified military service (within the meaning of Code Section 414(u)(1))
to the extent these payments do not exceed the amounts the individual would have received if the
individual had continued to perform services for the employer rather than entering qualified
military service.
Back pay, within the meaning of Treas. Reg. Section 1.415(c)-2(g)(8), shall be treated as
compensation for the Limitation Year to which the back pay relates to the extent the back pay
represents wages and compensation that would otherwise be included under this definition.
For Limitation Years beginning after December 31, 1997, or Compensation paid or made
available during such Limitation Year shall include amounts that would otherwise be included in
compensation but for an election under Code Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or
457(b).
For Limitation Years beginning after December 31, 2000, Compensation shall also include any
elective amounts that are not includible in the gross income of the employee by reason of Code
Section 132(f)(4).
For Limitation Years beginning after December 31, 2001, Compensation shall also include
deemed Code Section 125 Compensation. Deemed Code Section 125 compensation is an
amount that is excludable under Code Section 106 that is not available to a Participant in cash in
lieu of group health coverage under a Code Section 125 arrangement solely because the
Participant is unable to certify that he or she has other health coverage. Amounts are deemed
Code Section 125 compensation only if the employer does not request or otherwise collect
information regarding the Participant's other health coverage as part of the enrollment process
for the health plan.
(c) Defined Benefit Dollar Limitation: Effective for Limitation Years ending after
December 31, 2001, the Defined Benefit Dollar Limitation is $160,000, automatically adjusted
under Code Section 415(d) for increases in the cost -of -living, effective January 1 of each year, as
published in the Internal Revenue Bulletin, and payable in the form of a straight life annuity.
The new limitation shall apply to Limitation Years ending with or within the calendar year of the
date of the adjustment, but a Participant's benefits shall not reflect the adjusted limit prior to
January 1 of that calendar year.
X-6
(d) Employer: For purposes of this Article, employer shall mean the employer that
adopts this plan, and all members of a controlled group of corporations, as defined in Code
Section 414(b), as modified by Code Section 415(h)), all commonly controlled trades or
businesses (as defined in Code Section 414(c), as modified, except in the case of a brother -sister
group of trades or businesses under common control, by Code Section 415(h)), or affiliated
service groups (as defined in Code Section 414(m)) of which the adopting employer is a part,
and any other entity required to be aggregated with the employer pursuant to Code Section
414(o).
(e) Formerly Affiliated Plan of the Employer: A plan that, immediately prior to
the cessation of affiliation, was actually maintained by the employer and, immediately after the
cessation of affiliation, is not actually maintained by the employer. For this purpose, cessation of
affiliation means the event that causes an entity to no longer be considered the employer, such as
the sale of a member controlled group of corporations, as defined in Code Section 414(b), as
modified by Code Section 415(h), to an unrelated corporation, or that causes a plan to not
actually be maintained by the employer, such as transfer of plan sponsorship outside a controlled
group.
(f) Limitation Year: The Plan Year: All qualified plans maintained by the
employer must use the same Limitation Year. If the Limitation Year is amended to a different
12-consecutive month period, the new Limitation Year must begin on a date within the
Limitation Year in which the amendment is made.
(g) Maximum Permissible Benefit: The Defined Benefit Dollar Limitation
(adjusted where required, as provided below).
(1) Adjustment for Less Than 10 Years of Participation: If the Participant has
less than 10 years of participation with the Employer, the Defined Benefit Dollar Limitation shall
be multiplied by a fraction -- (i) the numerator of which is the number of Years (or part thereof,
but not less than one year) of Participation in the Plan, and (ii) the denominator of which is 10.
(2) Adjustment of Defined -Benefit -Dollar Limitation for Benefit
Commencement Before Age 62 or after Age 65: Effective for benefits commencing in
Limitation Years ending after December 31, 2001, the Defined Benefit Dollar Limitation shall be
adjusted if the annuity starting date of the Participant's benefit is before age 62 or after age 65.
If the annuity starting date is before age 62, the Defined Benefit Dollar Limitation shall be
adjusted under Subsection (g)(2)(i), as modified by (g)(2)(iii). If the annuity starting date is after
age 65, the Defined Benefit Dollar Limitation shall be adjusted under Subsection (g)(2)(ii), as
modified by, Subsection (g)(2)(iii),
(i) Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement Before Age 62.
I. Limitation Years Beginning Before July 1, 2007. If the annuity
starting date for the Participant's benefit is prior to age 62 and occurs in a Limitation Year
beginning before July 1, 2007, the Defined Benefit Dollar Limitation for the Participant's
annuity starting date is the annual amount of a benefit payable in the form of a straight life
annuity commencing at the Participant's annuity starting date that is the actuarial equivalent of
the Defined Benefit Dollar Limitation (adjusted under Subsection (g)(1) above for years of
participation less than 10, if required) with actuarial equivalence computed using whichever of
the following produces the smaller annual amount: (1) the interest rate specified in Section
2.1(b) of the Plan and the mortality table (or other tabular factor) specified in Section 2.1(b) of
the Plan; or (2) a 5-percent interest rate assumption and the applicable mortality table as defined
in Section 2.1(b) of the Plan.
II. Limitation Years Beginning on or After July 1, 2007.
A. Plan Does Not Have Immediately Commencing Straight
Life Annuity Payable at Both Age 62 and the Age of Benefit Commencement. If the annuity
starting date for the Participant's benefit is prior to age 62 and occurs in a Limitation Year
beginning on or after July 1, 2007, and the Plan does not have an immediately commencing
straight life annuity payable at both age 62 and the age of benefit commencement, the Defined
Benefit Dollar Limitation for the Participant's annuity starting date is the annual amount of a
benefit payable in the form of a straight life annuity commencing at the Participant's annuity
starting date that is the actuarial equivalent of the Defined Benefit Dollar Limitation (adjusted
under Section 10.2(g)(1) for years of participation less than 10, if required) with actuarial
equivalence computed using a 5 percent interest rate assumption and the applicable mortality
table for the annuity starting date as defined in Section 2.1(b) of the Plan (and expressing the
Participant's age based on completed calendar months as of the annuity starting date).
B. Plan Has Immediately Commencing Straight Life Annuity
Payable at Both Age 62 and the Age of Benefit Commencement. If the annuity starting date for
the Participant's benefit is prior to age 62 and occurs in a Limitation Year beginning on or after
July 1, 2007, and the Plan has an immediately commencing straight life annuity payable at both
age 62 and the age of benefit commencement, the Defined Benefit Dollar Limitation for the
Participant's annuity starting date is the lesser of the limitation determined under Section
10.2(g)(2)(i)(II)(A), and the Defined Benefit Dollar Limitation (adjusted under Section
10.2(g)(1) for years of participation less than 10, if required) multiplied by the ratio of the annual
amount of the immediately commencing straight life annuity under the Plan at the Participant's
annuity starting date to the annual amount of the immediately commencing straight life annuity
under the Plan at age 62, both determined without applying the limitations of this Article.
(ii) Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement After Age 65:
I. Limitation Years Beginning Before July 1, 2007. If the annuity
starting date for the Participant's benefit is after age 65 and occurs in a Limitation Year
beginning before July 1, 2007, the Defined Benefit Dollar Limitation for the Participant's
annuity starting date is the annual amount of a benefit payable in the form of a straight life
annuity commencing at the Participant's annuity starting date that is the actuarial equivalent of
the Defined Benefit Dollar Limitation (adjusted under subsection (g)(1) above for years of
participation less than 10, if required) with actuarial equivalence computed using whichever of
the following produces the smaller annual amount: (1) the -interest rate specified in Section
2.1(b) of the Plan and the mortality table (or other tabular factor) specified in Section 2.1(b) of
EM
the Plan; or (2) a 5-percent interest rate assumption and the applicable mortality table as defined
in Section 2.1(b) of the Plan.
11. Limitation Years Beginning On or After July 1, 2007.
A. Plan Does Not Have Immediately Commencing Straight Life Annuity Payable at
Both Age 65 and the Age of Benefit Commencement. If the annuity starting date for the
Participant's benefit is after age 65 and occurs in a Limitation Year beginning on or after July 1,
2007, and the Plan does not have an immediately commencing straight life annuity payable at
both age 65 and the age of benefit commencement, the Defined Benefit Dollar Limitation at the
Participant's annuity starting date is the annual amount of a benefit payable in the form of a
straight life annuity commencing at the Participant's annuity starting date that is the actuarial
equivalent of the Defined Benefit Dollar Limitation (adjusted under Subsection (g)(1) for years
of participation less than 10, if required)with actuarial equivalence computed using a 5 percent
interest rate assumption and the applicable mortality table for that annuity starting date as
defined in Section 2.1(b) of the Plan (and expressing the Participant's age based on completed
calendar months as of the annuity starting date).
B. Plan Has Immediately Commencing Straight Life Annuity Payable at Both Age
65 and the Age of Benefit Commencement. If the annuity starting date for the Participant's
benefit is after age 65 and occurs in a Limitation Year beginning on or after July 1, 2007, and the
Plan has an immediately commencing straight life annuity payable at both age 65 and the age of
benefit commencement, the Defined Benefit Dollar Limitation at the Participant's annuity
starting date is the lesser of the limitation determined under Subsection (g)(2)(ii)II.A., and the
Defined Benefit Dollar Limitation (adjusted under Subsection (g)(1) for years of participation
less than 10, if required) multiplied by the ratio of the annual amount of the adjusted
immediately commencing straight life annuity under the Plan at age 65, both determined without
applying the limitations of this Article. For this purpose, the adjusted immediately commencing
straight life annuity under the Plan at the Participant's annuity starting date is the annual amount
of such annuity payable to the Participant, computed disregarding the Participant's accruals after
sixty-five (65) years of age but including actuarial adjustments even if those actuarial
adjustments are used to offset accruals; and the adjusted immediately commencing straight life
annuity under the Plan at sixty-five (65) years of age is the annual amount of such annuity that
would be payable under the Plan to a hypothetical member who is sixty-five (65) years of age
and has the same accrued benefit as the Participant.
(iii) Notwithstanding the other requirements of this Subsection (g)(2), in
adjusting the Defined Benefit Dollar Limitation for the Participant's annuity starting date under
Subsections (g)(2)(i)I. and (g)(2)(i)II.A., (g)(2)(ii)I., (g)(2)(ii)II.A., no adjustment shall be made
to the Defined Benefit Dollar Limitation to reflect the probability of a Participant's death
between the annuity starting date and age 62, or between age 65 and the annuity starting date, as
applicable, if benefits are not forfeited upon the death of the Participant prior to the annuity
starting date. To the extent benefits are forfeited upon death before the annuity starting date,
such an adjustment shall be made. For this purpose, no forfeiture shall be treated as occurring
upon the Participant's death if the Plan does not charge Participants for providing a qualified
preretirement survivor annuity, as defined in Code Section 417(c), upon the Participant's death.
X-9
(iv) Notwithstanding any other provision to the contrary, for limitation years
beginning on or after January 1, 1997, if payment begins before the Participant reaches sixty-two
(62) years of age, the reductions in the limitations in this subsection shall not apply to a
Participant who is a "qualified participant" as defined in Section 415(b)(2)(H) of the Code.
(3) Minimum benefit permitted: Notwithstanding anything else in this section to the
contrary, the benefit otherwise accrued or payable to a Participant under this plan shall be
deemed not to exceed the Maximum Permissible Benefit if:
(i) the retirement benefits payable for a Limitation Year under any form of
benefit with respect to such Participant under this plan and under all other defined benefit plans
(without regard to whether a plan has been terminated) ever maintained by the employer do not
exceed $10,000 multiplied by a fraction — (I) the numerator of which is the Participant's
number of Years (or part thereof, but not less than one year) of Service (not to exceed 10) with
the employer, and (II) the denominator of which is 10; and
(ii) the employer (or a predecessor employer) has not at any time maintained a
defined contribution plan in which the Participant participated (for this purpose, mandatory
employee contributions under a defined benefit plan, individual medical accounts under Code
Section 401(h), and accounts for postretirement medical benefits established under Code Section
419A(d)(1) are not considered a separate defined contribution plan).
(4) For limitation years beginning on or after January 1, 1995, subsection (g)(1) of
this Section, subsection (g)(1)(i) of this Section, and the proration provided under subsection
(g)(3)(i) of this Section, shall not apply to a benefit paid under the Plan as a result of the
Participant becoming disabled by reason of personal inquiries or sickness or amounts received by
the beneficiaries, survivors or estate of the Participant as a result of the death of the Participant.
(5) Effective for years beginning after December 31, 1997, if a member repays to the
Plan any amounts received because of the Participant's prior termination pursuant to Section
10.11 of this Plan, such repayment shall not be taken into account for purposes of Section 415 of
the Code pursuant to Code Section 415(k)(3).
(6) For distributions made in limitation years beginning on or after January 1, 2000,
the combined limit of repealed Code Section 415(e) shall not apply.
10.3 Predecessor Employer: If the employer maintains a plan that provides a benefit which
the Participant accrued while performing services for a former employer, the former employer is
a predecessor employer with respect to the Participant in the Plan. A former entity that antedates
the employer is also a predecessor employer with respect to a Participant if, under the facts and
circumstances, the employer constitutes a continuation of all or a portion of the trade or business
of the former entity.
10.4 Severance from Employment: An employee has a severance from employment when
the employee ceases to be an employee of the employer maintaining the Plan. An employee
does not have a severance from employment if, in connection with a change of employment, the
employee's new employer maintains the Plan with respect to the employee.
X-10
10.5 Year of Participation: The Participant shall be credited with a Year of Participation
(computed to fractional parts of a year) for each accrual computation period for which the
following conditions are met: (1) the Participant is credited with the period of service for benefit
accrual purposes, required under the terms of the Plan in order to accrue a benefit for the accrual
computation period, and (2) the Participant is included as a Participant under the eligibility
provisions of the Plan for at least one day of the accrual computation period. If these two
conditions are met, the portion of a year of participation credited to the Participant shall equal the
amount of benefit accrual service credited to the Participant for such accrual computation period.
A Participant who is permanently and totally disabled within the meaning of Code
Section 415(c)(3)(C)(i) for an accrual computation period 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 an accrual computation period, the Plan must be established no later than the last
day of such accrual computation period. In no event shall more than one Year of Participation be
credited for any 12-month period.
10.6 Other Rules:
(a) Benefits Under Terminated Plans: If a defined benefit plan maintained by the
employer has terminated with sufficient assets for the payment of benefit liabilities of all plan
Participants and a Participant in the Plan has not yet commenced benefits under the Plan, the
benefits provided pursuant to the annuities purchased to provide the Participant's benefits under
the terminated plan at each possible annuity starting date shall be taken into account in applying
the limitations of this Article. If there are not sufficient assets for the payment of all
Participants' benefit liabilities, the benefits taken into account shall be the benefits that are
actually provided to the Participant under the terminated plan.
(b) Benefits Transferred From the Plan: If a Participant's benefits under a defined
benefit plan maintained by the employer are transferred to another defined benefit plan
maintained by the employer and the transfer is not a transfer of distributable benefits pursuant
Treas. Reg. Section 1.411(d)-4, Q&A-3(c), the transferred benefits are not treated as being
provided under the transferor plan (but are taken into account as benefits provided under the
transferee plan). If a Participant's benefits under a defined benefit plan maintained by the
employer are transferred to another defined benefit plan that is not maintained by the employer
and the transfer is not a transfer of distributable benefits pursuant to Tress. Reg. Section
1.411(d)-4, Q&A-3(c), the transferred benefits are treated by the employer's plan as if such
benefits were provided under annuities purchased to provide benefits under a plan maintained by
the employer that terminated immediately prior to the transfer with sufficient assets to pay all
Participants' benefit liabilities under the Plan. If a Participant's benefits under a defined benefit
plan maintained by the employer are transferred to another defined benefit plan in a transfer of
distributable benefits pursuant Treas. Reg. Section 1.411(d)-4, Q&A-3(c), the amount transferred
is treated as a benefit paid from the transferor plan.
(c) Formerly Affiliated Plans of the Employer: A formerly affiliated plan of an
employer shall be treated as a plan maintained by the employer, but the formerly affiliated plan
shall be treated as if it had terminated immediately prior to the cessation of affiliation with
sufficient assets to pay Participants' benefit liabilities under the Plan and had purchased annuities
to provide benefits.
X-11
(d) Plans of a Predecessor Employer: If the employer maintains a defined benefit
plan that provides benefits accrued by a Participant while performing services for a predecessor
employer, the Participant's benefits under a plan maintained by the predecessor employer shall
be treated as provided under a plan maintained by the employer. However, for this purpose, the
Plan of the predecessor employer shall be treated as if it had terminated immediately prior to the
event giving rise to the predecessor employer relationship with sufficient assets to pay
Participants' benefit liabilities under the Plan, and had purchased annuities to provide benefits;
the employer and the predecessor employer shall be treated as if they were a single employer
immediately prior to such event and as unrelated employers immediately after the event; and if
the event giving rise to the predecessor relationship is a benefit transfer, the transferred benefits
shall be excluded in determining the benefits provide under the Plan of the predecessor
employer.
(e) Special Rules: The limitations of this Article shall be determined and applied
taking into account the rules in Treas. Reg. Section 1.415(0-1(d), (e) and (h).
(1) Aggregation with Multiemployer Plans: If the employer maintains a
multiemployer plan, as defined in Code Section 414(t), and the multiemployer plan so provides,
only the benefits under the multiemployer plan that are provided by the employer shall be treated
as benefits provided under a plan maintained by the employer for purposes of this Article.
10.7 Participant Limitation Applicable to Defined Contribution Option:
(a) General: If the Defined Contribution Option is elected in Section 12 of the
Joinder Agreement, the maximum permissible amount which may be contributed or allocated to
or made with respect to any Participant shall be the lesser of:
(1) $40,000, as adjusted for cost -of -living under Code Section 415(d)
(the "Defined Contribution Dollar Limitation"), or
(2) 100% of the Participant's Actual Compensation for the Limitation
Year.
Notwithstanding any provision of the Plan to the contrary, if the annual additions are exceeded for
any participant, then the Plan may only correct such excess in accordance with the Employee
Plans Compliance Resolution System (EPCRS) as set forth in Revenue Procedure 2006-27 or any
superseding guidance, including, but not limited to, the preamble of the final §415 regulations.
(b) Definition of Annual Additions: Annual additions: The sum of the following
amounts credited to a participant's account for the limitation year: (a) employer contributions; (b)
employee contributions; (c) forfeitures (d) amounts allocated to an individual medical account,
as defined in § 415(1)(2) of the Code, which is part of a pension or annuity plan maintained by
the employer are treated as annual additions to a defined contribution plan. Also amounts derived
from contributions paid or accrued which are'attributable to post -retirement medical benefits,
allocated to the separate account of a key employee, as defined in § 419A(d)(3) of the Code,
under a welfare benefit fund, as defined in § 419(e) of the Code, maintained by the employer are
UM
treated as annual additions to a defined contribution plan; and (e) allocations under a simplified
employee pension.
(c) Participation in another plan: This subsection applies if, in addition to this plan,
the participant is covered under another qualified defined contribution plan maintained by the
employer, a welfare benefit fund maintained by the employer, an individual medical account
maintained by the employer, or a simplified employee pension maintained by the employer, that
provides an annual addition as defined in subsection (b), during any limitation year. The annual
additions which may be credited to a participant's account under this plan for any such limitation
year will not exceed the maximum permissible amount reduced by the annual additions credited
to a participant's account under the other qualified defined contribution plans, welfare benefit
funds, individual medical accounts, and simplified employee pensions for the same limitation
year. If the annual additions with respect to the participant under other qualified defined
contribution plans, welfare benefit funds, individual medical accounts, and simplified employee
pensions maintained by the employer are less than the maximum permissible amount and the
employer contribution that would otherwise be contributed or allocated to the participant's
account under this plan would cause the annual additions for the limitation year to exceed this
limitation, the amount contributed or allocated will be reduced so that the annual additions under
all such plans and funds for the limitation year will equal the maximum permissible amount. If
the annual additions with respect to the participant under such other qualified defined
contribution plans, welfare benefit funds, individual medical accounts, and simplified employee
pensions in the aggregate are equal to or greater than the maximum permissible amount, no
amount will be contributed or allocated to the participant's account under this plan for the
limitation year.
10.8 Re-employment of Former Employees: If a Participant's employment is terminated
before he is eligible for a Pension and the Participant is subsequently re-employed by the
Employer, the Participant shall only receive credited Service for his previous period of
employment if he did not receive a distribution of Aggregate Contributions, with eligibility and
vesting rules as provided under Article VIII-Employment Transfers. The Participant will receive
the credited Service once he has satisfied the vesting requirements specified in the Joinder
Agreement to become 100% vested. If the Employer has established a new hire retirement plan,
and the retired Employee has incurred a Break in Service, the retired Employee shall be enrolled
in the new hire retirement plan.
If a Participant's employment is terminated before he is eligible for a Pension, the Plan provided
for the Non -Contribution Option on or before such termination, and the Participant is
subsequently re-employed by the Employer, then the Participant will be entitled to credit for
such prior Service for benefit accrual purposes, but not for vesting purposes.
10.9 Re-employment of Retired Participants:
(a) Deferred Vested Retired Participant: If a former Participant retired under this Plan is
re-employed by the Employer, and again becomes an Employee under the Plan, no
Pension payments shall be made during the period of such re-employment. Upon the
subsequent termination of such Employee's employment, the Employee shall be entitled
to receive a Pension the amount of which is computed on the basis of the Plan's benefit
X-13
formula and the Employee's Average Monthly Compensation and Service with the
Employer.
(b) Retired Participants in Pay Status: In the case of re-employment of a retired
Participant who received any Pension payments prior to his re-employment, the Pension
payable upon his subsequent Retirement shall be equal to the sum of (i) and (ii), as
follows:
(i) the same amount he had been receiving for his prior Retirement, adjusted for any
applicable cost -of -living adjustments, payable under the same form of annuity
elected for his prior Retirement. If the amount was originally paid early, its new
early reduction shall be recalculated to exclude the months of re-employment with
no payments. Only re-employment months prior to the Participant's Normal
Retirement Date would be excluded.
(ii) an amount determined solely for his Compensation and Service with the
Employer after re-employment, payable in the form elected under Article V, VI or
VII. The Participant does not have to select the same form of payment as for
Subsection (i).
10.10 Buyback of Service: If the Employer elects in the Joinder Agreement, then
notwithstanding anything to the contrary herein, a Participant who terminates employment with
the Employer and receives distribution of his Aggregate Contributions may be recredited with
his service if he repays his Aggregate Contributions with the interest that would have accrued on
such amount under the terms of the Plan.
X-14
ARTICLE XI.
Guarantees and Liabilities
11.1 Non -Guarantee of Employment: Nothing contained in this Plan shall be construed as a
contract of employment between the Employer and any Employee, or as a right of any Employee
to be contained in the employment of the Employer, or as a limitation of the right of the
Employer to discharge any of its Employees, with or without cause.
11.2 Rights to Fund Assets: No Participant shall have any right to, or interest in, any assets
of the Fund upon termination of his employment or otherwise, except as provided from time to
time under this Plan, and then only to the extent of the benefits payable to such Participant out of
the assets of the Fund. All payments of benefits as provided for in this Plan shall be made solely
out of the assets of the Fund and neither the Employer, the Trust Service Provider, the
Authorized Agent, nor any individual Trustee shall be liable in any manner.
11.3 Non -Alienation of Benefits: The Fund shall be exempt from legal process and no order
may be made to hold, seize, garnishee, or attach payments to any person. Except as duly
required under applicable law (including any domestic relations order) benefits payable under
this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment,
pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or
involuntary, including any liability for alimony or other payments for property settlement or
support of a spouse or former spouse, or for any other relative of the Participant, but excluding
devolution by death or mental incompetency, prior to being received by the person entitled to the
benefit under the terms of the Plan. Except as may be duly required under applicable law, the
Fund shall not in any manner be liable for, or subject to, the debts, contracts, liabilities,
engagements, or torts of any person entitled to benefits hereunder and none of the unpaid Plan
benefits or Trust assets shall be considered an asset of the Participant in the event of his divorce,
insolvency, or bankruptcy.
11.4 Disclaimer of Liability: Neither the Employer, the Trust Service Provider, the
Authorized Agent, the Trustees, nor any individual Trustee guarantees the Fund in any manner
against loss or depreciation, and they shall not be liable for any act, or failure to act, which is
made in good faith pursuant to the provisions of the Plan. The Employer shall not be responsible
for any act, or failure to act, of the Trustees or the Trust Service Provider. The Trustees shall not
be responsible for any act, or failure to act, of the Employer or the Authorized Agent.
11.5 Indemnification of Trustees: The Trustees shall be indemnified from the assets of the
Fund against any and all liabilities arising by reason of any act, or failure to act, made in good
faith pursuant to the provisions of the Plan, including expenses reasonably incurred in the
defense of any claim relating thereto.
11.6 Payments Under a Qualified Domestic Relations Order
(a) General: The Municipality shall follow the terms of any "Qualified Domestic
Relations Order" as defined in Subsection (b) below issued with respect to a Participant where such
Qualified Domestic Relations Order grants to an "Alternate Payee" rights in the benefit of the
Participant.
►AQI
(b) The term "Qualified Domestic Relations Order" means an order issued by the
District Court of the State of Oklahoma pursuant to the domestic relations laws of the State of
Oklahoma which relates to the provision of marital property rights to a spouse or former spouse of a
Participant and which creates or recognizes the existence of an Alternate Payee's right to, or assigns
to an Alternate Payee the right to receive a portion of the benefits payable with respect to a
Participant of the Plan.
(c) To qualify as an Alternate Payee, a spouse or former spouse must have been married
to the Participant for a period of not less than thirty (30) continuous months immediately preceding
the commencement of the proceedings from which the Qualified Domestic Relations Order issues.
(d) A Qualified Domestic Relations Order is valid and binding on the Trustees and the
Participant only if it meets the requirements of this Section.
(e) A Qualified Domestic Relations Order shall clearly specify:
(1) the name, social security number, and last -known mailing address (if any) of
the Participant, and the name and mailing address of the alternative payee covered by the order;
(2) the amount or percentage of the Participant's benefits to be paid by the Plan
to the Alternate Payee;
(3) the characterization of the benefit as to marital property rights, and whether
the benefit ceases upon the death or remarriage of the Alternate Payee; and,
(4) each plan to which such order applies.
(a) A Qualified Domestic Relations Order meets the requirements of this Section only
if such order:
(1) does not require the Plan to provide any type or form of benefit, or any
option not otherwise provided under the Plan;
(2) does not require the Plan to provide increased benefits; and,
(3) does not require the payment of benefits to an Alternate Payee which are
required to be paid to another Alternate Payee pursuant to another order previously determined to be
a Qualified Domestic Relations Order, or an order recognized by the Plan as a valid order prior to
the effective date of the Plan.
(f) A Qualified Domestic Relations Order shall not require payment of benefits to an
Alternate Payee prior to the actual retirement date or withdrawal of the related Participant.
(g) The obligation of the Plan to pay an Alternate Payee pursuant to a Qualified
Domestic Relations Order shall cease upon the death of the Participant.
(h) In the event a Qualified Domestic Relations Order requires the benefits payable to
an Alternate Payee to terminate upon the remarriage of said Alternate Payee, the Plan shall
XI-2
terminate said benefit only upon the receipt of a certified copy of a marriage license, or a copy of
a certified order issued by the Court that originally issued said Qualified Domestic Relations
Order declaring the remarriage of said Alternate Payee.
(i) This Section of the Plan shall not be subject to the provisions of the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as
amended from time to time, or rules and regulations promulgated thereunder, and court cases
interpreting said Act.
0) The Board of Trustees of the Oklahoma Municipal Retirement Fund shall
promulgate such rules as are necessary to implement the provisions of this Section.
(k) Effective on or after April 6, 2007, a domestic relations order that otherwise
satisfies the requirements for a QDRO will not fail to be a QDRO: (i) solely because the order is
issued after, or revises, another domestic relations order or QDRO; or (ii) solely because of the
time at which the order is issued, including issuance after the annuity starting date.
(1) An Alternate Payee who has acquired beneficiary rights pursuant to a valid
Qualified Domestic Relations Order must fully comply with all provisions of the rules
promulgated by the Trustees pursuant to this Section in order to continue receiving his or her
benefits.
(m) Nothing in this Section shall grant a spouse or former spouse of a Participant any
property rights in the benefits of any Participant except as specifically authorized for Qualified
Domestic Relations Orders, and no spousal consent shall be required for a Participant to elect or
change elections pertaining to a benefit payable under this Plan.
XI-3
ARTICLE XII.
Amendments
12.1 Right to Amend: The Employer shall have the right to make from time to time any
amendment or amendments to this Plan, in whole or in part, which do not permit reversion of
any part of the Fund to the Employer except as provided in Section 13.2 and which do not cause
any part of the Fund to be used for, or diverted to, any purpose other than the exclusive benefit of
Participants included in the Plan. Any amendments to this Plan, in whole or in part, may be
made from time to time by the Employer by ordinance in the same manner as by this original
adoption ordinance, but no such amendatory action shall exceed the power and authority granted
to the Employer under the laws of the State of Oklahoma.
12.2 Amendments: Each Employer agrees to adopt any amendments to this Plan which are
necessary for an initial or continued determination that the Plan is a qualified, tax exempt plan
under Sections 401(a) and 501(a) of the Code. Any such amendments will be an amendment of
the Employer's separate Plan if approved by the Trustee. The Employer may amend its separate
Plan in any respect and at any time, subject to the limitations of the Plan, by amendment of or
addition to the Joinder Agreement. However, the Oklahoma Municipal Retirement Fund
reserves the right to approve all Employer amendments.
12.3 Provider's Power to Amend for Adopting Employers: The Provider, as defined in
section 4.08 of Rev. Proc. 2017-41, may amend any part of the Plan. However, for purposes of
reliance on an Opinion Letter (as defined in Rev. Proc. 2017-41), the Provider will no longer
have the authority to amend the Plan on behalf of the Employer as of the date (1) the Employer
amends the Plan to incorporate a type of plan described in section 6.03 of Rev. Proc. 2017-41
that is not permitted under the Pre -Approved Plan program, or (2) the Internal Revenue Service
notifies the Employer, in accordance with section 8.06(3) of Rev. Proc. 2017-41, that the Plan is
an individually designed plan due to the nature and extent of Employer amendments to the Plan.
XII-1
ARTICLE X11I.
Termination
13.1 Right to Terminate: The Employer may at any time terminate the Plan by proper
ordinance and may direct and require the Trustees to liquidate the Fund. If the Employer shall
for any reason cease to exist, the Plan shall terminate and the Fund shall be liquidated, unless
continued by a successor.
13.2 Liquidation of Fund: Upon termination of the Plan or a permanent discontinuance of
Employer contributions, the assets of the Fund which have been allocated for the Participants,
and interests of the Participants therein as determined by the actuaries, shall be liquidated, after
provision is made for the expenses of liquidation, by the payment (or provision for the payment)
of benefits accrued prior to the date of termination in the following order of precedence:
(a) The Contribution Accumulation of each Participant or former Employee entitled
thereto under Article VIII, as of the date of such Plan termination, or earlier date of death or
Retirement.
(b) The Aggregate Contributions of each Participant or former Employee entitled
thereto under Article VIII, as of the date of such Plan termination, or earlier date of death or
Retirement, less other benefit payments, if any, previously received in each case by or on behalf
of each such Participant, former Employee, or other eligible Beneficiary. Any such withdrawals
on the part of such persons will reduce their interests in distributions under categories (b), (c), (d)
and (e) below, on a proportionate basis, as determined by the actuary. Any such person may
elect not to take such withdrawals, and have the value thereof included in the actuary's
determination of his distributions under categories (b), (c), (d) and (e) below.
(c) Pensions or other benefits in course of payment to retired Participants, and
Beneficiaries of deceased Participants and immediate Pensions for Employees or former
Employees entitled thereto under Article VIII, who have reached their Normal Retirement Dates
but have not retired.
(d) Pensions deferred to Normal Retirement Date for Participation who have qualified
for an Early Pension.
(e) Pensions deferred to Normal Retirement Date for Participants who have qualified
for a Deferred Vested Pension.
If the funds available in any of categories (b), (c), or (d) are determined to be insufficient
to provide all such benefits the funds and benefits shall be apportioned among the various
persons, first in category (b), next in category (c), and next in category (d), in the same
proportion as each person's accrued credits bears to the accrued credits of all persons in each
such category on an Actuarial Equivalent basis as determined by the actuary.
(f) If the cost of providing for the benefits, first in category (b), next in category (c),
and next in category (d) is determined to be less than the total funds available, the balance will
revert to the Employer.
XIII-1
The benefit any such Participant is entitled to receive under this Plan shall be based on
the Participant's Compensation and Service accrued with the Employer prior to the date of
termination of the Plan, and his right to such benefit shall be considered as vested to the extent
funded, regardless of his age and years of Service on the date of termination of the Plan.
13.3 Manner of Distribution: Any distribution after termination of the Plan or permanent
discontinuance of Employer contributions, shall be made as soon as administratively feasible, at
such times and in such amounts so that no discrimination results, in cash, in securities or other
assets in kind (at fair market value), in continued direct payment Pensions, or in nontransferable
life insurance or annuity contracts, as the Committee in its discretion, shall determine. In making
such distribution, any and all determinations, divisions, appraisals, apportionments and
allotments so made shall be final and conclusive and not subject to question by any person.
13.4 Consolidation or Merger: Upon the Employer's liquidation, bankruptcy, insolvency,
sale, consolidation, or merger to or with another governmental unit in which such Employer is
not the surviving unit, the Plan and Fund will terminate and the Fund assets shall be held or
distributed as herein provided, unless the successor to the Employer assumes the duties and
responsibilities of the Employer by adopting this Plan, or by the establishment of a separate Plan
to which the Fund assets shall be transferred with the consent and agreement of the Employer.
13.5 Limitations: The order of priorities for distribution set forth above in Section 13.2, in
the event of termination of the Plan, shall be subject to (a) the limitations provided in Article X,
and (b) such distributions not being determined to be otherwise discriminatory by the
Commissioner of Internal Revenue. In the event that either the limitations under Article X
become effective or the Commissioner of Internal Revenue rules that the distributions are
otherwise discriminatory, adjustments shall be made in the said priorities and amounts of
distributions as may be necessary to satisfy the requirements of Article X or of the
Commissioner as the case may be.
XIII-2
ARTICLE XIV.
General
14.1 USERRA: Notwithstanding any provision of this Plan to the contrary, effective
December 12, 1994, contributions, benefits and service credit with respect to qualified military
service will be provided in accordance with Section 414(u) of the Code. A Participant returning
from military service shall not be entitled to catch-up on Pick -Up Contributions missed during
such military service.
14.2 No Contract Between Employer and Participant: Neither the creation of this Plan, nor
any amendment to it, nor the creation of any fund, nor the payment of benefits hereunder shall be
construed as giving any legal or equitable right to any Participant against the Employer or
against the Oklahoma Municipal Retirement Fund, except as provided herein, and all liabilities
under this Plan shall be satisfied, if at all, only out of the Fund held by the Oklahoma Municipal
Retirement Fund. Participation in the Plan shall not give any Participant any right to be retained
in the employ of the Employer, and the Employer hereby expressly retains the right to hire and
discharge any Participant at any time with or without cause, as if this Plan had not been adopted,
and any such discharged Participant shall have only such rights or interests in the Fund as may
be specified herein.
14.3 Payment of Fees: The Employer shall pay a fee in an amount determined and revised
from time to time by the Oklahoma Municipal Retirement Fund.
14.4 Governing Law: The validity, construction and administration of this Plan shall be
determined under the laws of the State of Oklahoma.
14.5 Counterpart Execution: This Plan may be executed in two or more counterparts, as
may be all amendments thereto be executed, and any one of the executed copies shall be deemed
an original.
14.6 Severability: Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Plan.
14.7 Number and Gender: Pronouns and other similar words used herein in the masculine
gender shall be read as the feminine gender where appropriate; pronouns and other similar words
used herein in the neuter gender shall be read as the masculine or feminine gender where
appropriate; and the singular form of words shall be read as the plural where appropriate.
14.8 Compensation and Expenses of Administration: If a Trustee, a member of Oklahoma
Municipal Retirement Fund, or a member of the Committee is an Employee of the Employer, he
shall serve without any additional compensation. The Employer may pay all or part of the
expenses of administration of the Plan, including the compensation and expenses of the Trustee,
and any other expenses incurred at the direction of the Oklahoma Municipal Retirement Fund,
including, without limitation, fees of actuaries, accountants, attorneys, investment managers,
investment advisors and other specialists, and any other costs of administering the Plan. To the
XIV-1
extent that any of such expenses are not paid by the Employer, such expenses shall be paid by
the Oklahoma Municipal Retirement Fund out of the Fund.
14.9 Incorporation of Trust Agreement: The provisions of the Trust Indenture Establishing
the Oklahoma Municipal Retirement Fund are incorporated into and made a part of this Plan.
The provisions of the Plan override any conflicting provision contained in the Trust or custodial
account documents used with the Plan.
14.10 Mistake of Fact: All contributions to the Plan are made subject to the correctness of the
amount. In the event a contribution is made to the Plan and Trust by the Employer under a
mistake of fact concerning the correctness of such contribution, then the Oklahoma Municipal
Retirement Fund shall return such portion of such contribution which is in excess of the amount
that would have been contributed had there not occurred a mistake of fact within one year after
the payment of the contribution to the Oklahoma Municipal Retirement Fund.
In the case of amounts returned pursuant to this Section 14.10, no earnings attributable to
such amounts may be returned to the Employer, but losses attributable thereto shall reduce the
amount returned, and no such return shall reduce the balance of any Participant's Municipality
Contribution Accounts to less than the balance which would have been credited thereto had such
amount not been contributed.
X1V-2
WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing
instrument comprising the Plan, the Oklahoma Municipal Retirement Fund has caused its
corporate seal to be affixed hereto and these presents to be duly executed in its name and behalf
by its proper officers thereunto authorized thisZ�CVMday of
OKLAHOM MU ICI L RETIREMENT FUND
By_� ,
OM P
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
? BEFORE ME, the undersigned a Notary Public in and for said County and State, on this
n{n \\
r day of eb(,301;o , personally appeared Nr v�r, oJQ V-) , to me
known to be the idn tical person who subscribed the name of the Oklahoma Municipal
Retirement Fund, a municipal corporation, to the foregoing instrument as its Chairperson and
acknowledged to me that he executed the same as his free and voluntary act and deed and as the
free and voluntary act and deed of such corporation, for the uses and purposes therein set forth.
GIVEN UNDER MY HAND AND SEAL
written.
1 ........ i �zzzi
5? �.2io,29'�IP� Notary
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(NOTARY SEALYg� ti i 0
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the day and year last above
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TO:
FROM:
SUBJECT:
DATE:
APPROVED BY COUNCIL
NOV 19 20A
The Honorable Mayor and City Council
Michele Dempster, Human Resources Director
Ordinance 1225, Oklahoma Municipal Retirement Plan Amendments
November 15, 2024
BACKGROUND:
The Oklahoma Municipal Retirement Fund (OkMRF) serves as the retirement plan for employees
who do not participate in the State Police or State Fire Retirement plans. As the OkMRF Retirement
Committee, the City Council is required to approve updates and amendments to the plan.
To ensure compliance with the Internal Revenue Service (IRS), the OkMRF Defined Benefit Master
Plan and Joinder Agreement have recently been updated and approved by the IRS. These
updates include both mandatory changes and clarification in the plan language. OkMRF
member cities are required to formally adopt these changes through the approval of an
Ordinance and Joinder Agreement.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1225, amending the Oklahoma Municipal Retirement
Fund Defined Benefit Plan Joinder Agreement, and the Oklahoma Municipal Retirement Fund
Master Defined Benefit Plan.
ATTACHMENTS:
Summary of Changes
Ordinance 1225
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1225
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT
PLAN FOR THE CITY OF OWASSO, OKLAHOMA BY ADOPTING A REVISED AND
RESTATED RETIREMENT PLAN; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE
EMPLOYEES OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR PURPOSE AND
ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ELIGIBILITY AND
PARTICIPATION; PROVIDING FOR NON -ALIENATION OF BENEFITS; PROVIDING FOR
EMPLOYER AND EMPLOYEE CONTRIBUTIONS; PROVIDING FOR ACCOUNTING,
ALLOCATION, AND VALUATION; PROVIDING BENEFITS; PROVIDING FOR REQUIRED
NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION; PROVIDING FOR
TRANSFER TO AND FROM OTHER PLANS; CREATING A RETIREMENT COMMITTEE AND
PROVIDING FOR POWERS, DUTIES, AND RIGHTS OF RETIREMENT COMMITTEE;
PROVIDING FOR PAYMENT OF CERTAIN OBLIGATIONS; PROVIDING FOR DURATION
AND PAYMENT OF EXPENSES; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR
VESTING SCHEDULES; PROVIDING FOR A FUND TO FINANCE THE SYSTEM TO BE
POOLED WITH OTHER INCORPORATED CITIES, TOWNS AND THEIR AGENCIES AND
INSTRUMENTALITIES FOR PURPOSES OF ADMINISTRATION, MANAGEMENT, AND
INVESTMENT AS PART OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING
FOR PAYMENT OF ALL CONTRIBUTIONS UNDER THE SYSTEM TO THE OKLAHOMA
MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT; PROVIDING
FOR REPEALER AND SEVERABILITY; ADOPTING THOSE AMENDMENTS MANDATED BY
THE INTERNAL REVENUE CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
Section 1: That pursuant to the authority conferred by the laws of the State of Oklahoma, and
for the purpose of encouraging continuity and meritorious service on the part of City employees
and thereby promote public efficiency, there is hereby authorized created, established, and
approved and adopted, effective as of January 1, 2025, the amended and restated Plan
designated "Employee Retirement System of the City of Owasso, Oklahoma, Defined Benefit Plan,"
(hereinafter called System), an executed counterpart of which is marked Exhibit "A" (Joinder
Agreement) and Exhibit "B" (amended and restated plan) and attached hereto as part hereof.
Section 2. FUND.
A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits
under the System. All contributions to such fund shall be paid over to and received intrust for such
purpose by the City. Such Fund shall be pooled for purposes of management and investment with
similar funds of other incorporated cities, towns, and municipal trusts in the State of Oklahoma as
a part of the Oklahoma Municipal Retirement Fund in accordance with the trust agreement of
the Oklahoma Municipal Retirement Fund, a public trust. The City shall hold such contributions in
the form received, and from time to time pay over and transfer the same to the Oklahoma
Municipal Retirement Fund, as duly authorized and directed by the Board of Trustees. The Fund
shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is
made to the County Excise Board.
Section 3. APPROPRIATIONS.
The City of Owasso, Oklahoma, is hereby authorized to incur the necessary expenses for the
establishment, operation, and administration of the System, and to appropriate and pay the
Ordinance 1225
Page 1 of 2
WASSO
RTER
AFFIDAVIT OF PUBLICATION
Owasso Reporter
202 E 2nd Ave
(918) 272-1155
I, Rachel Cozart, of lawful age, being duly sworn upon oath depose and
say that I am an agent of Column Software, PBC, duly appointed and
authorized agent of the Publisher of Owasso Reporter, a publication that is
a "legal newspaper" as that phrase is defined for the city of Owasso, for the
County of Tulsa, in the state of Oklahoma, that this affidavit is Page 1 of 2
with the full text of the sworn -to notice set forth on the pages that follow,
and that the attachment hereto contains the correct copy of what was
published in said legal newspaper in consecutive issues on the following
dates:
PUBLICATION DATES:
Nov. 27, 2024
Notice ID: THmkeivDG4C3fiA8hc7q
Publisher ID: 135652
Notice Name: ORDINANCE 1225
PUBLICATION FEE: $158.81
I state under penalty of perjury under the laws of Oklahoma that the
foregoing is true and correct.
// I.Gze LEAN WJ'��� -
Agent
Commonwealth of Pennsylvania - Notary Seal
Nicole Burkholder, Notary Public
VERIFICATION Lancaster County
My commission expires March 30, 2027
State of Pennsylvania Commission Number 1342120
County of Lancaster
Signed or attested before me on this: 11/27/2024
Notary Public
Notarized remotely online using communication technology via Proof.
Published in the Owasso Re-
porter, Owasso, Tulsa County,
Oklahoma, November 27, 2024
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1225
AN ORDINANCE AMENDING THE
EMPLOYEE RETIREMENT SYSTEM,
DEFINED BENEFIT PLAN FOR THE
CITY OF OWASSO, OKLAHOMA
BY ADOPTING A REVISED AND
RESTATED RETIREMENT PLAN;
PROVIDING RETIREMENT BENE-
FITS FOR ELIGIBLE EMPLOYEES
OF THE CITY OF
OWASSO, OKLA-
HOMA; PROVIDING FOR PURPOSE
AND ORGANIZATION; PROVIDING
FOR DEFINITIONS; PROV DING
FOR ELIGIBILITY AND PARTICIPA-
TION; PROVIDING FOR NON -ALIEN-
ATION OF BENEFITS; PROVIDING
FOR EMPLOYER AND EMPLOYEE
CONTRIBUTIONS; PROVIDING FOR
ACCOUNTING, ALLOCATION, AND
VALUATION; PROVIDING BENE-
FITS; PROVIDING FOR REQUIRED
NOTICE~ PROVIDING FOR AMEND-
MENTS AND TERMINATION; PRO-
VIDING FOR TRANSFER TO AND
FROM OTHER PLANS; CREATING
A RETIREMENT COMMITTEE AND
PROVIDING FOR POWERS, DUTIES,
AND RIGHTS OF RETI REMENTCOM-
OTHER INCORPORATED CITIES,
TOWNS AND THEIR AGENCIES
AND INSTRUMENTALITIES FOR
PURPOSES OF ADMINISTRATION,
MANAGEMENT, AND INVESTMENT
AS PART OF THE OKLAHOMA
MUNICIPAL RETIREMENT FUND;
PROVIDING FOR PAYMENT OF
ALL CONTRIBUTIONS UNDER THE
SYSTEM TO THE OKLAHOMA MU-
NICIPAL RETIREMENT FUND FOR
MANAGEMENT AND INVESTMENT;
PROVIDING FOR REPEALER AND
SEVERABILITY; ADOPTING THOSE
AMENDMENTS MANDATED BYTHE
INTERNAL REVENUECODE
BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF OWASSO, OKLA-
HOMA, THAT, TO -WIT:
Section 1: That pursuant to the
authority conferred by the laws of
the State of Oklahoma, and for the
purpose of encouraging continuity
and meritorious service on the part
of City employees and thereby pro -
am) and Exhibit "B" (amend -
restated plan) and attached
is part hereof.
2.FUND. A fund is hereby
i for the exclusive use and
of the persons emitled to
towns, and municipal trusts in the
State of Oklahoma as a part of the
Oklahoma Municipal Retimmem
Fund in a..rd.ne. with the trust
ORDINANCE 1225 - Page 1 of 2
agreement of the Oklahoma Munic- LPXLP
ipal Retirement Fund, a public trust.
The City shall hold such contribu-
tions in the form received, and from
time to time pay over and transfer
the same to the Oklahoma Municipal
Retirement Fund , as duly authorized
and directed by the Board of Trust-
ees. The Fund shall he nonfiscal and
shall not be considered in conri
ing any levy when the annual esti-
mate is made to the County Excise
Board. Section 3-APPROPRIATIONS
. The City of Owasso, Oklahoma, is
hereby authorized to incur the nec-
essary expenses for the establish-
ment, operation, and administration
of the System, and to appropriate
and pay the same. In addition, the
City of Owasso, Oklahoma , is here-
by authorized to appropriate annual-
ly such amounts as are required in
addition to employee con tnbutions
to maintain the System and the Fund
in accordance with the provisions
of the Defined Benefit Plan. Any
appropriation so made to maintain
the System and Fund shall be for
deferred wages or salaries, and for
the payment of necessaryexpens
es of operation and administration
to be transferred to the trustees of
the Oklahoma Municipal Retirement
Fund for such purposes and shall be
paid into the Fund when available, to
be duly transferred to the Oklahoma
Municipal Retirement Fund. Section
4. EXECUTION .The Mayor and City
Clerk be and they are each hereby
authorized and directed to execute
(in counterparts, each of which shall
constitute an original) the System
instrument, and to do all other acts
and things necessary, advisable, and
proper to put said System and relat-
ed trust into full force and effect,
and to make such changes therein
as may be necessary to qqualify the
same under Sections 4o1 (a) and
501 (a) of the Internal Revenue Code
of the United States. The counter-
part attached hereto as Exhibit 'A'
and Exhit it'B°, which has been duly
executed as aforesaid simultane-
ously with the passage of this Or-
dinance and made a part hereof, is
hereby ratified and confirmed in all
respects.This Committee is hereby
authorized and directed to proceed
immediately on behalf of the City
of Owasso, Oklahoma, to pool and
combine the Fu n d into th a Oklahoma
Municipal Retirement Fund as a part
thereof, with similar funds of such
other cities and towns, for purposes
of pocled management and invest-
ment. Section 5. REPEALER. Any Or-
dinance inconsistent with the terms
and provisions of this Ordinance is
hereby repealed, provided, however,
that such repeal shall be only to the
extent of such inconsistency and
in all other respects this Ordinance
shall be cumulative of other ordi-
nances regulating and governinggthe
subject matter covered by this Ordi-
nance. Section 6. SEVERABILITY .
If, regardless of cause, any section,
subsection, paragraph, sentence or
clause of this Ordinance, including
the System as set forth in Exhibit "A
and Exhibit W , is held invalid or to
be unconstitutional, the remaining
sections, subsections, paragraphs,
sentences, or clauses shall continue
in full force and effect and shall be
construed thereafter as being the
entire provisions of this Ordinance.
***END***PASSED AND ADOPTED
19 th day of November, 2024ysy Al-
vin Fruga, Mayor Attest:/sJ Juliann
M. Stevens, City Clerk
ORDINANCE 1225 - Page 2 of 2