HomeMy WebLinkAbout1998 Ordinance No. 033I
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ORDINANCE NO .~
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO . 22
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE ADOPTING THE "CITY OF ENGLEWOOD FIREFIGHTERS
PENSION PLAN (AS RESTATED JANUARY 1, 1996)" BY THE CITY OF
ENGLEWOOD, COLORADO .
WHEREAS , the City Council of the City of Englewood, Colorado authorizes the
adoption of the "City of Englewood Firefighters Pension Plan (As Restated January
1, 1996)" by the City; and
WHEREAS , the active members of the Firefighters ' Pension Plan voted for the
implementation of the "City of Englewood Firefighters Pension Plan (As Restated
January 1, 1996)" by an election on January 15 , 1998 ;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Section 1. The City Council of the City of Engie wood, Colorado hereby authorizes
the adoption of "City of Englewoo d Firefighters Pension Plan (As Restated January
1, 1996)," attached hereto as Exhibit A.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest
the "City of Englewood Firefighters Pension Plan (As Restated January 1, 1996)" for
the City of Englewood, Colorado .
Introduced , read in full , and pas sed on first reading on the 4th day of May, 1998 .
Published as a Bill for an Ordinance on the 8th day of May, 1998.
Read by title and passed on final reading on the 18th day of May , 1998.
Published by title as Ordinance No.~ Series of 1998 , on the 22nd day of May ,
1998 .
I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No.~. Series of 1998.
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CITY OF ENGLEWOOD
FIREFIGHTERS PENSION PLAN
CAS RESTATED JANUARY 1. 1996)
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A
PREAMBLE
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
City of Englewood
Firefighters Pension Plan
(As Restated Januarv 1. I996)
TABLE OF CONTENTS
Purpose and Definitions
1. Purpose
2. Definitions
3. Construction
Service Credit
1. Service
2. Break in Service
3. Military Service
4. Fractional Years
Participation Requirements
I. Participation Originating Under The Previous Plan
2. Cessation of Participation and Reentry
3. Effect of Disability or Death Benefits
Payable From Another Plan
Contributions
I. Contributions by Employer and the State o_f
Colorado
2. Contributions by Participants
Pension Benefits
1. Normal Pension Commencement
2. Normal Pension Amount
3. Deferred Vested Pension Commencement
4. Deferred Vested Pension Amount
5. No Decrease in Benefits
6. Increases in Benefits
7. Required Distribution of Retirement Benefits
Form of Payment
1. Normal Form of Pension -Single Life
2. Optional Forms of Benefit
3. Qualified Joint and Survivor Benefit Option
(i)
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City of Englewood
Firefighters Pension Plan
(As Restated Januarv 1. 1996)
TABLE OF CONTENTS (Cont'd)
ARTICLE VI (cont.)
4.
5.
6.
7.
One Hundred Percent Joint and Survivor Benefit Option
Fifty Percent Joint and Survivor Benefit Option
Five Year Certain and Life Benefit Options
Beneficiary
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLEX
Death Benefits
1. Death Benefit for Surviving Spouse or
Dependent Parent
2. Death Benefit for Dependent Children
3. Death Benefit after Eligibility for a
Deferred Vested Pension
4. Proof of Death
5. Additional Death Benefit
Contribution Accumulation Refunds
1. Contribution Accumulation Refund to Participant
Administration By Board of Trustees
1. Establishment and General Duties
2. Members
3. Terms
4. Meetings
5. Quorum
6. Majority Vote
7. Compensation
8. Rules and Regulations
9. Powers
10. Decisions
11. Report of Board
Trust Fund
1. Establishment of Trust Fund
2. Payment of Contributions to Trust Fund
(ii)
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ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
City of Englewood
Firefighters Pension Plan
(As Restated Januarv l, 1996)
TABLE OF CONTENTS (Cont'd)
Special Governmental Requirements
I. Maximum Annual Benefit Under Code Section 415
2. Restrictions on Twenty-Five (25)
Highest Paid Employees
3. Restrictions on Distributions
4. Employees Whose Benefits Are Restricted (High-25 Employees)
5. "Benefit" Defined
6. Value of Assets and Current Liabilities
Guarantees and Liabilities
I. Nonguarantee of Employment
2. Rights to Trust Assets
3. Nonalienation of Benefits
Amendments
I. Right to Amend
Withdrawal and Termination
I. Plan Termination
2. Allocation of Assets Upon Plan Termination
3. Manner of Distribution
4. Amounts Returnable to the Employer
5. Applicable Law
Direct Rollovers
I. General
2. Definitions
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City of Englewood
Firefighters Pension Plan
(As Restated January l, 1996)
PREAMBLE
WHEREAS, the Employer had previously established a pension plan under State statutes for its
firefighters (hereinafter referred to as the "Previous Plan"); and
WHEREAS, said organization now desires to amend and continue the Previous Plan by a
separate restatement in its entirety and the right to so amend is reserved to said organiz.ation under the
provisions of the Previous Plan;
NOW, THEREFORE, the Previous Plan, which was maintained by the Employer under Title
31, Article 30, Part 4 of the Colorado Revised Statutes, is hereby restated, and amended in its entirety ,
superseded and replaced by this separate restated Plan .
There will be no termination and no gap or lapse in time or effect between such Plans~ and the
existence of the Plan shall be continuous and uninterrupted.
This restated Pension Plan is conditioned upon its qualification under Section 40 l (a) of the
Internal Revenue Code of 1986, as amended from time to time.
The terms and conditions of this restated Plan are as follows:
H:ICLIENnE\ESIPOD I :?..DOC
ARTICLE I
Purpose and Definitions
=S=ec=t=io=n'-'l;:..;.. ____ P....;;;;urp~o=s ....... e: The purpose of this Plan is to provide retirement and incidental
benefits for all Employees (as hereinafter defined), their surviving spouses, dependent children and
dependent parents, who complete a period of faithful service and otherwise become eligible hereunder.
The benefits provided by this Plan will be paid from a Trust Fund established in connection with this
Plan.
This Plan and the separate related Pension Trust forming a part hereof are established and shall
be maintained for the exclusive benefit of the eligible Employees and their Beneficiaries. Except as
hereinafter provided, no part of the Trust Fund can ever revert to the Employer, or be used for or
diverted to purposes other than the exclusive benefit of the Employees and their Beneficiaries.
=S=ec=n=·o=n:..;2=.'------'D;;;..e=fini=·=ti=o=ns ...... : 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 determined under the Plan expressed in the form
of a monthly benefit commencing at Normal Retirement Date (or date of acrual retirement if
later), which an Employee has accrued at any time under the provisions of the Plan, regardless
of his vested status, determined as ifhe had then terminated employment.
b. Actuarial (or Actuariallv) Equivalent: Equality in value of the aggregate
amounts expected to be received under different manners of payment based on interest rate and
mortality assumptions, in effect on the date as of which the benefit is to commence, as such
assumptions are defined below unless otherwise specifically provided in the Plan.
Interest rate assumption -The interest rate assumption used for purposes of computing
optional forms of benefit payments shall be seven and one-half percent (7 112% ).
Mortalitv assumption -The mortality assumption used for purposes of computing
optional forms of benefit payments shall be UP-1984 Mortality Table.
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c. Board: The Board of Trustees established under Article IX hereof .
=d.'---_ _.C....;;..o=de"""': The Internal Revenue Code of 1986, as amended from time to ti.me.
e. Compensation: All base pay received by the Participant for his Covered
Employment, including longevity pay, holiday pay, sick pay, vacation pay taken in the normal
course of employment, shift differential, but Compensation shall exclude compensation for
overtime (or compensation in lieu of overtime required under the Fair Labor Standards Act,
except Compensation shall include compensation only for those premium hours required to be
paid, based on the current seventy-two (72 ) hour, nine day reoccurring work cycle), clothing
allowance, lump-sum amounts paid in lieu of accumulated vacation, holidays and sick leave,
acting pay, and compensation imputed as a result of the Participant's use of the Employers
automobile. A Participant's Compensation shall include any amounts deferred as to such
Participant under Code Section 125, Code Section 457 or under Code Section 414(h), except to
the extent such amounts would be excluded under the immediately preceding sentence.
Compensation taken into account under the Plan shall not exceed $200,000, adjusted for
changes in the cost-of-living as provided in Code Section 415 ( d), for the purpose of calculating
a Participant's Accrued Pension (including the right to any optional benefit pro v ided under the
Plan) for an y Plan Year commencing after December 31 , 1988 .
In addition to other applicable limitations set forth in the Plan, and notwithstanding an y
other provision of the Plan to the contrary, for Plan Years beginning on or after January 1,
1996 , the annual compensation of each "Noneligible Participant " taken into account under the
Plan shall not exceed the OBRA '93 annual compensation limit. The OBRA '93 annual
compensation limit is $150 ,000 , as adjusted by the Commissioner for increases in the cost of
living in accordance with Code Section 401 (a)(l7)(B ). The cost-of-living adjusunent in effect
for a calendar year applies to any period , not exceeding 12 months , over which compensation is
determined (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. A "Noneligible Participant" is any Partic ip ant who first
became a Participant in the Plan during a Plan Year beginning on or after January 1, 1996.
Effective January 1, 1989 , through December 31 , 1996 , in determining the
Compensation of a Partic ipant for purposes of this limitation, the rules of Code Section
414(q)(6) shall appl y , except in applying such rules , the term 'fami ly ' shall include only the
spouse of the Participant and any lineal descendants of the Participant who have not attained
age 19 before the close of the year. Effective January 1, 1989 , through December 31 , 1996 , if,
as a result of the application of such rules the adjusted annual Compensation limitation is
exceeded then the limitation shall be prorated among the affected individuals in proportion to
each such individual 's Compensation as determined under this Section prior to the application
of this limitation .
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f. Contribution Accumulation: The Participant's aggregate contributions, plus five •
percent (5%) simple interest on the total amount.
g. Covered Emplovrnent: The employment category for which the Plan is
maintained, which is full-time , salaried employment with the Employer as a paid member of ~e
Employer's Fire Division, serving at least one thousand six hundred (1 ,600) hours in any
calendar year, and which includes all firefighters within the Fire Division hired prior to April 8,
1978 . Excluded are leased employees within the meaning of Code Section 414(n)(2 ).
h. Disabilitv or Disabled: A physical or mental condition which, in the judgment
of the board of the Fire and Police Pension Association, totally and presumably permanently
prevents an Employee from performing the duties of any occupation for which the firefighter ,
by reason of his education, training and experience, would be capable of performing, but for the
injury or illness involved. In determining whether any firefighter is so permanently disabled,
any disability , and any known injury or illness, which pre-existed the firefighters employment
with the City of Englewood, shall be disregarded.
i. Effective Date : January 1, 1996 .
j . Emplovee: Any person whose Covered Employment with the Emp loy er
commenced prior to April 8, 1978 , and who , on and after the Effective Date, is receiving
remuneration for Covered Employment or would be receiving such remuneration except for a •
duly authorized absence. Included are leased employees within the meaning of Code Section
414(n)(2). Notwithstanding the foregoing , if such leased employees constitute less than twenty
percent (20%) of the Employer's nonhighly compensated work force within the meaning of
Code Section 414(n)(5)(C)(ii), the term "Employee" shall not include those leased employees
covered by a plan described in Code Section 414 (n)(5).
k. Emplover: City of Englewood, Colorado .
I. Final Monthly Compensation : The Compensation earned by a Participant
during his last full month of Co vered Employment; except Final Monthly Compensation cannot
be less than the average monthly compensation earned by the Participant during the last twelve
(12) full months of Covered Employment.
m. Limitation Year: The year used in applying the limitations of Code Section 415 ,
which year shall be the calendar year.
Notwithstanding the Effective Date hereof, such limitations , as set forth in Article XI,
Section 1 hereof, apply beginning with the first Limitation Year beginning after 1982 .
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n. Normal Retirement Date: The date when a Participant has attained bis fiftieth
(50th) birthday and has completed twenty (20) years of Service.
o. Participant: An Employee who meets the eligibility requirements for
participation in the Plan as described in Article ill hereof.
p. Pension: A series of monthly amounts which are payable to a person who is
entitled to receive benefits under the Plan.
g. P lan: C ity of Englewood Firefighters Pension Plan (As Restated
January 1, 1996), as amended from time to time .
r. Plan Year: The twelve (12) month period beginning on January 1 and ending on
December 31 .
s. Pre vious Plan: Firemen 's Pension Plan of the Ci ty of Englewood or C ity of
Englewood Firemen's Pension Plan, in force and effect (under Title 3 1, Article 30.5 (and prior
to May 23 , 1996 , under Title 31 , Article 30 , Part 4) of the Colorado Revised Statutes) for the
period prior to the Effective Date , the Plan hereby being amended and restated. Any reference
herein to the Previous Plan as of a certain date or for a certain period shall be deemed a
reference to the Previous P lan as then in effect.
t. Service : A person's period or periods of employment as an Employee used in
determining eligibility, or the amount of benefits, and described in Article II hereof.
u. Trust or Trust Fund : The fund maintained to provide the benefits called for
under this Plan, as described in Article X hereof.
Section 3. Construction: The masculine gender, where appearing in the Plan, shall be deemed
to include the feminine gender; the singular may include the plural; and vice versa, unless the context
clearly indicates to the contrary .
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ARTICLE II
Service Credit
.... Se"""'c __ n-=· o;.;;.;:n ....... 1--. ----"'S~ervi"--'"'· c ...... e ..... : Service is the period of employment used in determining eligibility for
benefits. An.Employee's total Service credit shall be:
a. His total period of Covered Employment with the Employer, subject, however,
to Article II, Section 3 below; and
b. Any prior period of employment, before April 9, 1978, with another fire
department which maintains a firefighters pension fund under the laws of the State of Colorado,
such prior period of employment to be credited in the same manner and to the same extent as
Service with the Employer, subject, however, to Article II, Section 3 below; and
c. Any credit called for under federal law for an absence due to military duty .
Section 2. Break in Service: An Employee shall have a Break in Service if his Covered
Employment with the Employer is terminated. An Employee's authorized leave of absence, or a leave
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due to disability as defined at Article I, Section 2h, shall not result in a Break in Service; however, the e
Employee will not receive any Service credit during such an absence.
E:fective as of August 5, 1993 , a leave of absence pursuant to the Family and Medical Leave
Act of 1993 shall not be considered a Break in Service; however, the Employee will not receive any
Service credit during such an absence.
Section 3 . Militarv Service: Notwithstanding any provision of the Plan to the contrary,
contributions, benefits and Service credit with respect to qualified military service will be provided in
accordance with Code Section 414(u).
Section 4. Fractional Years: In determining Service credit, Service for fractional years
shall be allowed on the basis of one-three hundred sixty-fifth (l /365th) of one year for each full day of
such Service.
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ARTICLE III
Participation Requirements
Section l. Participation Originating Under The Previous Plan: Employees in Covered
Employment who were Participants in the Previous Plan immediately prior to the Effective Date shall
automatically become Participants in this restated Plan as of the Effective Date.
Section 2. Cessation of Participation and Reentrv: If a Participant leaves Covered
Employment, he will cease his participation in this Plan, and will not again become a Participant.
(Recommencement of Covered Employment results in coverage under a statewide pension system
under Title 31, Article 31 of the Colorado Revised Statutes (and prior to May 23, 1996, under Title 31,
Article 30, Part 10 of the Colorado Revised Statutes)).
Section 3 . Effect ofDisabilitv or Death Benefits Pavable From Another Plan: If a
disability or death benefit is payable to or with respect to a Participant in accordance with
Section 31-31-803 or Section 31-31-807, Colorado Revised Statutes (and prior to May 23, 1996,
Sections 31-30-1007 or 31-30-1008, Colorado Revised Statutes), then no benefit shall be payable from
this Plan to or with respect to such Participant.
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ARTICLE IV
Contributions
Section 1. Contributions by Emplover and the State of Colorado: The City of Englewood
shall make contributions to the Trust Fund adequate to finance the benefits provided by the Plan on a
sound actuarial basis. The required contributions to the Plan shall be determined by a competent
actuary. The amount of contribution shall never be less than the amount required by Colorado state
statute or Fire and Police Pension Association rules and regulations. Contributions may also be
received hereunder from the State of Colorado in accordance with applicab le state law, or from any
person. Contributions may be received by gift, grant, devise or bequest, in the form of money,
personal property, real estate or any interest therein and may include all moneys , fees , rewards and
emoluments, except firefighters salaries, of every nature and description that may be paid or given to
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the Fire Division or any of its members. Any amounts given to the Employer's Fire Division or to an •
Employee in his capacity as a firefighter, except as his salary, may be received as a contribution
hereunder. All such contributions shall be used to pay benefits under the Plan or to pay expenses of the
Plan and Trust and shall be irrevocable , except for any amounts remaining after satisfying all liabilities
of the Plan. Forfeitures arising because of severance of employment before the Participant becomes
eligible for a Pension or for any other reason shall be applied to reduce the costs of the Plan, not to
increase the benefits otherwise payable :o the Participants.
Section 2. Contributions bv Participants: Each Plan Participant shall contribute toward the
cost of providing benefits under this Plan by payroll deductions at the rate of five percent (5%) of the
Participant's Compensation each month.
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ARTICLE V • Pension Benefits
Section 1. Normal Pension Commencement: A Participant hereunder shall be entitled to
his Accrued Pension if his Covered Employment with the Employer is terminated on or after his
Normal Retirement Date.
Any Participant who desires to retire from Covered Employment and receive a Pension from
this Plan shall submit a written application to the Board, which application shall set forth the facts
entitling such Participant to a Pension hereunder. The application shall specify the time, neither less
than thirty (30) nor more than one hundred eighty (180) days subsequent to the filing of the
application, when the Participant desires to be retired. The Board shall act upon such application if the
Participant is entitled to retire, and shall notify the Employer of such action. The action of the Board
• shall be completed at the next scheduled Board meeting following the filing of the application.
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Payment of a Normal Pension will commence the last day of the month coincident with or next
following the Participant's actual Retirement, or as soon thereafter as administratively practicable. If a
Participant retires prior to the last day of the month, his first payment hereunder shall include a partial
payment prorated from his date of retirement to the end of the month.
Section 2. Normal Pension Amount: A Participant who meets the requirements for his
Accrued Pension shall receive an annual pension (payable monthly) which is equal to:
Two and one-half percent (2 112%) of the Participant's Final Monthly Compensation multiplied
by the Participant's first twenty (20) years of Service, plus one percent (1 %) for each additional
year of Service, to a maximum of sixty-five percent ( 65%) of Final Monthly Compensation .
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Section 3. Deferred Vested Pension Commencement: A Participant hereunder shall be
eligible for a Deferred Vested Pension if his Covered Employment with the Employer is terminated
prior to his eligibility for a Normal Pension but after he becomes vested in a Pension benefit under the
following vesting schedule:
Vesting Schedule
A Participant's vested interest is determined, according to the Participant's years of Service, as
follows:
Participant's Years
of Service
Less than 5
5 or more
Vested Percentage of
Participant's Accrued Pension
0%
100%
Service as used in Article V , Sections 3 and 4 shall include only the Participant's period of employment
with the City of Englewood.
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Payment of a Deferred Vested Pension shall commence as of the first day of the month next •
following the Participant's attainment of age fifty (50) if he is living; however, if the Participant
requests a refund of his Contribution Accumulation under Article VIII, Section 1 b hereof, he shall
forfeit such Deferred Vested Pension. If a Participant retires pursuant to this Section prior to the last
day of the month. his first payment hereunder shall include a partial payment prorated from his date of
retirement to the end of the month.
Section 4. Deferred Vested Pension Amount: A Participant who meets the requirements
for a Deferred Vested Pension shall receive a monthly amount equal to:
Two and one-half percent (2 1/2%) of his Final Monthly Compensation multiplied by
his first twenty (20) years of Service with the Employer, plus one percent (1 %) for each
additional year of Service, to a maximum of sixty-five percent (65%) of Final Monthly
Compensation.
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Section 5 . No Decrease in Benefits: This restated Plan shall not result in the decrease of
benefits accrued by any Participant under the Previous Plan immediately prior to the Effective Date of
this restated Plan.
Section 6. Increases in Benefits: Provided that the Trust Fund is properly funded as
provided in Article IV hereof, and upon recommendation of the Board, the City Council of the City of
Englewood may annually vote upon and approve an increase in the Accrued Pension being paid to any
Participants receiving benefits under this Plan in an amount not to exceed five percent (5%) per year.
Section 7. Required Distribution of Retirement Benefits: Effective January 1, 1992,
notwithstanding any provision of the Plan to the contrary, pursuant to Code Section 401(a)(9), payment
of benefits shall commence not later than the later of April 1 of the calendar year following the
calendar year in which the Participant attains age seventy and one-half (70-112), or terminates
employment.
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ARTICLE VI
Form of Pavment
Section I . Normal Form of Pension -Single Life: Unless otherwise elected under this
Article VI, any Pension accrued under Article V hereof will be paid as a Single Life Pension. Under
this form of Pension, monthly payments are made to the Panicipant during the remaining life of the
Participant.
Section 2. Optional Forms of Benefit: Effective January 1, 1998, subject to such uniform
rules and regulations as the Board may prescribe, and the restrictions contained in this Article VI, a
Participant may, in lieu of the Normal Form of Pension above, elect one of the following forms of
benefit which shall be the Actuarial Equivalent of the Normal Form of Pension to which he would
otherwise be entitled. The Panicipant must make any election of an Optional Form of Benefit in
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writing, and such election must be filed with the Board at least thirty (30) days prior to the due date of •
the first payment of benefits under the Plan. The election of an option may be changed at any time
prior to thirty (30) days preceding the due date of the first payment of benefits under the Plan.
However, an optional form of payment may not be el.!cted unless the value of the payment.3 expected
to be paid to the Participant exceeds fifty percent (50%) of the value of the total benefits to be paid
under such optional form.
Section 3. Qualified Joint and Survivor Benefit Option: The Qualified Joint and Survivor
Benefit option provides an adjusted monthly benefit payment during the Participant's life; and the
spouse (to whom the Participant was married when his benefit commenced), if surviving at the
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• Participant's death, shall receive thereafter for life a monthly benefit of fifty percent (50%) of the
adjusted monthly amount paid to the Participant.
Within a reasonable time before the Participant's benefit commencement date hereunder, the
Board shall provide to the Participant a written explanation of the terms and conditions of the Qualified
Joint and Survivor Benefit set forth herein and the effect of refusing it. If the Employee wishes to elect
a form of payment other than the Qualified Joint and Survivor Benefit, such election will not become
effective unless his spouse (if he has a spouse who can be located) consents in writing to such election,
acknowledges the effect of such election and has such consent and acknowledgment witnessed by a
Plan representative or a notary public. A properly completed benefit election form (furnished by the
Board) must be returned to the Board within thirty (30) days prior to the Participant's benefit
commencement date. If the Participant files another election form after the earlier form and prior to his
• benefit commencement date, the earlier form shall be annulled.
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Section 4 . One Hundred Percent Joint and Survivor Benefit Option: The one hundred
percent C. 00%) Joint and Survivor Benefit option provides reduced monthly benefit payments during
the Participant's life, and upon his death after retirement, continues payments in the same reduced
amount to a designated Beneficiary during the life of such Beneficiary.
Section 5. Fiftv Percent Joint and Survivor Benefit Option: The fifty percent (50%) Joint
and Survivor Benefit option provides reduced monthly benefit payments during the Participant's life,
and, upon his death after retirement, continues payment in an amcunt equal to fifty percent (50%) of
the amount of such reduced payments to a designated Beneficiary during the life of such Beneficiary .
H:ICLIEN"l'.E\ENIPDO 12.DOC
VI-2
Section 6. Five Year Certain and Life Benefit Options: The five (5) Year Certain and Life
Benefit option provides adjusted monthly benefit payments during the Participant's life, and upon his
death after retirement within the sixty° ( 60) month period, payments shall be continued to the
designated Beneficiary for the balance of the sixty (60) month period .
.=.S=ectI=·o;.:.n=-7.:...:. __ __.B;..e=n=e""'fi"'"'c ..... iarv-.....-: Effective January 1, 1998, the Participant must designate his
Beneficiary in writing. If a married Participant wishes to designate someone other than his spouse to
be a primary Beneficiary, such designation will not become (or continue to be) effective unless his
spouse (if his spouse can be located) consents, in writing, to such designation (or form of benefits)
which may not be changed without spousal consent (or the consent of the spouse expressly permits
designations by the Participant without any requirement of further consent by the spouse),
acknowledges the effect of such designation and has such consent and acknowledgment witnessed by a
•
Plan representative or a notary public. Such designation shall be made in writing upon a form provided e
by the Board and shall be filed with the Board. The last such designation filed with the Board shall
control.
H:lo..®m£\ENIPDDll.DOC •
VI-3
ARTICLE VII • Death Benefits
Section 1. Death Benefit for Surviving Spouse or Dependent Parent: If a retired Participant
who is receiving a Pension benefit hereunder shall die, leaving a surviving spouse or dependent parent
or parents, such surviving spouse or dependent parent or parents shall be awarded a monthly annuity
equal to the greater of: (a) one-third (1/3) of the monthly salary of a first-grade firefighter at the time of
his death or retirement or (b) fifty percent (50%) of the monthly amount being received by the
'
Participant at his death, so long as the surviving spouse or dependent parent remains unmarried. If
such payment is to be made to two dependent parents, it shall be divided equally between them. No
dissolution of a subsequent marriage shall have the effect of reinstating said spouse or dependent
parent on the Pension roll or authorizing the granting of a Pension. A Pension shall be paid to the
e surviving parent or parents of a deceased retired Participant only if there is no surviving spouse or
children.
Section 2. Death Benefit for Dependent Children: The Board shall direct a Death Benefit
be paid to the surviving spouse or parent, or the legally appointed guardian, of each dependent child of
a deceased retired Participant who was, at the time of his death, receiving a Pension benefit hereunder.
Such Death Benefit shall be a monthly annuity equal to thirty dollars ($30) per month for each
dependent child, to continue until such child reaches the age of eighteen (18) years or dies, if earlier.
Section 3. Death Benefit after Eligibilitv for a Deferred Vested Pension: If any Participant
should die after he is eligible for a Deferred Vested Pension hereunder but before Pension benefits have
commenced, his spouse, if living, or his estate, if no spouse or if his spouse is not living, shall be
• H:l cuemEIENIPDDl:!.DOC
VII-1
entitled to receive the Participant's Contribution Accumulation in a single sum. In lieu of this single
sum, a surviving spouse may elect the monthly death benefit set forth in Section 1 of this Article VTI to
begin on the last day of the month following the date the Participant would have attained age fifty (50).
Section 4. Proof of Death: For the purpose of this Pl~ the production of a certified copy
of the death certificate applicable to the deceased shall be sufficient evidence of death. and the Board
shall be fully protected in relying thereon. In the absence of such proof, the Board may rely upon such
other evidence of death as it deems necessary or advisable.
Section 5. Additional Death Benefit: The Board shall direct an Additional Death Benefit of
one hundred dollars ($100) be paid to the surviving spouse or family of the deceased active or retired
Participant, or such other person as the Board shall designate.
•
H:ICUEN1\E\ENIPODl2.DOC •
VII-2
•
•
•
ARTICLE VITI
Contribution Accumulation Refunds
Section 1. Contribution Accumulation Refund to Participant:
a Prior to Eligibilitv for Pension Benefits: If any Participant's employment with
the Employer is terminated before he qualifies for a benefit under the provisions of Article V
hereof, he shall be entitled to receive his Contribution Accumulation in the form of a single
sum payment; however, in order to receive such single sum payment, he must apply in writing.
b. After Eligibilitv for Deferred Vested Pension Benefits: If any Participant's
employment with the Employer is terminated entitling him to a Deferred Vested Pension
hereunder, he may elect in writing to receive his Contribution Accumulation payable in a single
sum at anytime prior to the commencement of his retirement benefit; provided, however, that
such election shall not be effective unless his spouse (if he has a spouse who can be located)
consents in writing to such election, acknowledges the effect of such election and has such
consent and acknowledgment witnessed by a Plan representative or a notary public. If a
Participant does not elect to receive such payment, it shall remain in the Plan and he shall
receive his regular Deferred Vested Pension in accordance with the provisions hereof.
In the event the Participant elects to take his Contribution Accumulation as set forth above, his
Deferred Vested Pension otherwise payable hereunder shall be forfeited .
c . Forfeiture on Death: If benefits are payable from the Fire and Police Pension
Association upon the Participant 's death, then the Participant shall forfeit his Contribution
Accumulation.
d. Forfeiture on Disabilitv : If benefits are payable from the Fire and Police
Pension Association upon the Participant's Disability under Section 31-31-803 , Colorado
Revised Statutes (and prior to May 23 , 1996, under Section 31-30-1007, Colorado Revised
Statutes), then the Participant shall forfeit his Contribution Accumulation .
H:\CUEN'T\E\ENIPDD 12 .DOC
VIII-1
ARTICLE IX
Administration Bv Board of Trustees
Section I. Establishment and General Duties: There is hereby created a Board of Trustees
("Board") who shall manage, use, and disburse the Trust Fund in conformity with its rules, by-laws and
this Plan. The Board shall take all necessary steps and pursue all necessary remedies for the
preservation of the Trust Fund.
~S_ect:I ............ ·o.._n ..... 2 ....... ____ M __ e __ m __ bers __ : The Board shall consist of (a) the Mayor of the Employer, (b) the
Director of Financial Services of the Employer, who shall be treasurer of the Trust Fund, (c) one
citizen Member appointed by the City Council, and ( d) three (3) Members who are active Participants,
unless there are not three (3) active Participants remaining, in which case as many active Participants
as there are remaining, and the remainder of the three (3) shall consist of retired or deferred vested
Participants. Such Participant members shall be elected by a majority vote of the Participants
hereunder. The President and Secretary shall be elected by the Board.
=Se.;;..;c;;..;;n=· o=n;...;;3;....;.. _ ___;;T;...;;;e=rms=: The Board shall serve terms of office as follows: the Mayor for tenure
in office; the Director of Financial Services for tenure in office; the City Council appointed citizen
Member for a three (3) year term of office; the three (3) Members who are active, retired or deferred
vested Participants for a three (3) year term of office; and the term of office for the President shall be
for one (1) year. Initial election of the Participants shall be conducted to elect one (1) Member for
three (3) years, one (1) Member for two (2) years and one (1) Member for one (1) year, and their tenure
of office shall run from January 1 to December 31 of each year. The Board shall arrange for elections
of such Board members and shall establish the rules and procedures to be followed in such elections .
H:ICL.IEN1'.EIENIPDD 12.DOC
IX-1
•
•
•
=S=ec=n=·o=n ..... 4 .... _ _....M;..;;.e=e"'""nn=· .. g,__s: The Board shall hold a minimum of four (4) general meetings each • year. Special meetings of the Board shall be held at any time at the call of the President or any three
(3) members of the Board.
=S..-ec=n=·o=n;;...5;;..;·'---0.....__uo=rurn'-==: A majority of the members of the Board shall constitute a quorum.
Section 6. Majoritv Vote: All actions taken by the Board shall be by a vote of a majority of
those present at such meetings, except that no member of the Board shall vote on any matter which
pertains solely to himself or to his rights or benefits under the Plan.
Section 7. Compensation: No member of the Board shall receive compensation for his
service on the Board but a member may be reimbursed for reasonable expenses incurred in connection
with his duties as a member of the Board.
Section 8. Rules and Regulations: Subject to the limitations of the provisions of this Plan,
• the Board shall from time to time establish rules and regulations for the performance of its functions
and the administration of this Plan.
•
__ s __ ec ..... n.,_· o ...... n ..... 9 ....... _ __..P __ o_w_.e ...... rs ..... : The Board shall have all powers necessary to supervise the
administration of this Plan and the Trust Fund and to control its operation in accordance with its terms ,
including, but not by way of limitation, the following:
a. To make, amend, interpret, and enforce all appropriate rules and regulations for
the administration of the Plan and to decide or resolve any and all questions , including
interpretations of the Plan, as may arise in connection with the Plan;
b. To determine the amounts and time of payment of benefits and the rights of
Participants and Beneficiaries to Plan benefits; to take any actions necessary to assure timely
payment of benefits to any Participant or Beneficiary eligible to receive benefits under the Plan;
and to assure a full and fair review for any Participant who is denied a claim to any benefit
under the Plan;
H:\Cl.!EN1'1::\ENIPDD 12.DOC
IX-2
c. To determine all considerations affecting the eligibility of any Employee to be or
who becomes a Participant of the Plan; •
d. To determine the Service credit of any Participant and to compute the amount of
any sum payable under the Plan to any person;
e. To authorize and direct all disbursements under the Plan;
f. To employ any person or organization to obtain such clerical, medical, legal and
actuarial services as it may deem necessary or appropriate in carrying out the provisions of this
Plan;
g. To make or arrange for valuations and appraisals of the assets held under this
Plan and with the advice of an actuary, to determine the liabilities of the Plan;
h. To create reserves for such assets for any purpose;
i. With the advice of an actuary, from time to time to adopt for the purposes of this
Plan, such mortality and other tables as it may deem necessary or appropriate for the operation
of the Plan;
j. To authorize the Chairman of the Board to sign all legal documents and reports
on behalf of the Board;
k. To hold the assets of the Plan in a Trust account entitled "Firefighters Pension
Fund for the City of Englewood," and invest and reinvest the same and to make such
withdrawals therefrom as may be authorized b1· this Plan for tl:.e payment of benefits and
expenses of the Board and the Members thereof. The Board may select a Corporate Trustee,
Custodian or Investment Advisor to assist in the management of the Trust Fund . •
l. To maintain such records and accounts and to render such financial statements
and reports as may be required from time to time.
=S=ec=n=· o=n:....:..10=.'----=D;...;:e=c=is=io.-n=s=-: Any decisions of the Board and any action taken by it with respect to
this Plan, shall be conclusive and binding upon any and all Participants , retired Participants, their
beneficiaries, heirs, distributees , executors, administrators, and assigns, and upon all other persons
whatsoever. All decisions made by the Board shall be made in a nondiscriminatory manner.
H..\CL~PODl2 .DOC •
IX-3
Section 11. Report of Board: The Board shall make an annual report to the Employer on the • condition of the Trust Fund.
•
• K;\CI.IENnEIENIPDD 12.!X>C
IX-4
Section 1.
ARTICLEX
Trust Fund
Establishment of Trust Fund: A Trust Fund has been established for the purpose
of receiving-contributions and paying benefits under this Plan. The Board shall administer the Trust
Fund in accordance with the terms of this Plan. The Board, in its discretion, may with City Council
approval, appoint a Trustee, insurance company or investment manager to invest all or a portion of the
funds.
Section 2. Pavment of Contributions to Trust Fund: All contributions under this Plan shall
be paid to the Trust Fund to be held, invested and reinvested therein. All property and funds of the
Trust Fund, including income from investments and from all other sources, shall be retained for the
exclusive benefit of Employees, as provided in the Plan, and shall be used to pay benefits _to
•
Employees or their beneficiaries, or to pay expenses of admjnjstration of the Plan and Trust Fund to the •
extent not paid by the Employer, except as provided in Article XIV, Section 4 hereof. Investment of
the Trust Fund shall be subject to Title 31, Article 30.5, Part 5, and Section 31-30.5-803 of the
Colorado Revised Statutes (and prior to May 23, 1996, Sections 31-30-701, 31-30-702 and 31-30-1012
of the Colorado Revised Statutes).
H:ICLIENnE\ENIPDD 12.DOC •
X-1
•
•
•
ARTICLE XI
Special Governmental Reauirements
Section I. Maximwn .A.nnual Benefit Under Code Section 415 : Notwithstanding any other
provision contained herein to the contrary , the benefits payable to a Participant from this Plan, shall be
subject to the limitations of Code Section 415 in accordance with subparagraph a below:
a. Defined Benefit Plan(s) Onlv: Any annual Pension payable to a
Participant hereunder (including any annual Pension paid to such Participant from another
defined benefit plan of the Employer) shall not exceed Ninety Thousand Dollars ($90,000)
adjusted for increases in the cost of living, as prescribed by the Secretary of the Treasury or his
delegate, effective January I of each calendar year and applicable to the Limitation Year ending
with or within such calendar year.
Except as provided in the following, which imposes additional limitations on the
amounts payable to Participants with less than ten (1 0) years of Service, the foregoing
limitation shall not be applicable with respect to any Participant whose annual Pension under
this Plan and any other defined benefit plan maintained by the Employer, is less than Ten
Thousand Dollars ($10,000) and such Participant has not at any time participated in any defined
contribution plan (within the meaning of Section 415(k) of the Code) maintained by the
Employer. In the event that a participant has been credited with less than ten (10) years of
Service, the maximum annual Pension allowable under this Section shall be reduced by
multiplying such maximwn annual Pension by a fraction, the numerator of which is the number
of such Participant's years of Service (or part thereof), but never less than one (1 ), and the
denominator of which is ten (10).
The limitations of this Section apply to a straight life annuity with no ancillary benefits
and to an annuity that constitutes a qualified joint and survivor annuity, provided payment
begins between ages sixty-two (62) and sixty-five (65). If payment is in a different form, the
amount thereof shall be adjusted to be the Actuarial Equivalent of a single life annuity and the
limitations shall be applied to such adjusted amount. If payment begins before the Participant's
attainment of age sixty-two (62), the limitation in (1) above shall be reduced on an Actuarial
Equivalent basis; provided however, if such payment begins after the Participant attains age
fifty-five (55), the reduced limit shall not be less than seventy-five Thousand Dollars ($75,000)
and, if payment begins prior to the Participant attaining age fifty-five (55), the reduced limit
shall not be less than the Actuarial Equivalent of the seventy-five Thousand Dollar ($75,000)
limit for age fifty-five (55); (provided, further, however, as to police or firefighters who are
Participants in this Plan, in no event shall such amount be reduced below Fifty Thousand
Dollars ($50,000), adjusted for increases in the cost of living, as prescribed by the Secretary of
Treasury or his other delegate). If payment begins after the Participant's attainment of age sixty-
H:ICLIEN1iE\EN1Poo 12.DOC
XI-1
five ( 65), the limitation in ( 1) above shall be the Actuarial Equivalent of such amount otherwise
applicable at the Participant's attainment of age sixty-five (65). The interest rate to be used in •
determining Actuarial Equivalence shall be the rate specified in Section l .2(b) hereof; however,
the interest rate used in determining an Actuarially Equivalent single life amount or an
Actuarially Equivalent pre-age sixty-two (62) amount shall not be less than five percent (5%)
and the interest rate used in determining an Actuarially Equivalent post-age sixty-five (65)
amount shall not be greater than five percent (5%).
In no event shall a Participant's maximum annual Pension allowable under this Section
be less than the annual Pension (including early Pension and qualified joint and survivor
annuity amounts) duly accrued by such Participant (under Code Section 415 limitations then in
effect) as of December 31, 1982, or as of December 31, 1986, whichever is greater
(disregarding any Plan changes or cost-of-living adjustments occurring after July 1, 1982 , as to
the 1982 accrued amount, and May 5, 1986 , as to the 1986 accrued amount).
b. Emplovee Contributions: For purposes of this Section the Defined Benefit Plan
limits shall not apply to a Participant's Accrued Pension providable by Participant
contributions.
Section 2. Restriction5 on Twentv-Five Highest Paid Emplovees: In the event of Plan
termination, the benefit hereunder of any highly compensated Employee and any highly compensated
former Employee (as defined in Code Section 414(q)) is limited to a benefit that is nondiscriminatory •
under Code Section 401 (a)(4).
Section 3. Restrictions on Distributions: The annual payments to any "high-25 " Employee
(defined below) are restricted to an amount equal to the payments that would be made on behalf of the
Employee under (a) a single life annuity that is the Actuarial Equivalent of the sum of the Employee's
Accrued Pension and the Employee's other benefits under the Plan (other than a social security
supplement), and (b) any payments the Employee is entitled to receive under a social security
supplement. The restrictions do not apply , however if:
a after payment to such Employee of all such benefits , the value of Plan
assets equal or exceeds one hundred ten percent (110%) of the value of current
liabilities (as defined in Code Section 412(1)(7)), or
b. the value of such benefits for such an Employee is less than one percent
(1 %) of the value of such current liabilities.
H:ICLIENnEIENIPODll.OOC •
XI-2
Section 4. Emplovees Whose Benefits Are Restricted CHigh-25 Emplovees): The
• Employees for any given Plan Year whose benefits are restricted under Section 3 above ("high-
25 Employees") include the twenty-five (25) highest paid, for such Plan Year, of all highly
compensated Employees and highly compensated former Employees (as defined under Code
Section 414( q) ).
•
•
Section 5. "Benefit" Defined: For purposes of Section 3 above, "benefit" includes,
among other benefits, loans in excess of the amounts set forth in Code Section 72(p )(2)(A), any
periodic income, any withdrawal values p~yable to a living employee, and any death benefit not
provided for by insurance on the Employee's life.
Section 6. Value of Assets and Current Liabilities: For purposes of Section 3 above ,
the value of assets and current liabilities must be as of the same date and determination of
current liabilities must be in accordance with Treasury Regulation Section l.40l(a)(4)-5(b) .
H:\CUENnEIENIPDO ll.DOC
XI-3
ARTICLE XII
Guarantees and Liabilities
Section 1. Nonguarantee 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 continued 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.
Section 2. Rights to Trust Assets: No Employee shall have any right to, or interest in, any
assets of the Trust 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 Employee out
of the assets of the Trust Fund. Neither the Employer, the Trustee, nor any member of the Board shall
be liable to any Employee or Beneficiary for benefits from this Plan, except for those payable from the
Trust Fund to a Participant in accordance with the terms of the Plan and the Trust.
Section 3. Nonalienation of Benefits: 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 of involuntary, either prior to or
subsequent to , being received by the person entitled to the benefit under the terms of the Plan. Any
attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of
any right to benefits payable hereunder shall be void. The Trust 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. None of the unpaid Plan benefits or Trust assets shall be considered an asset of the
Participant in the event of his insolvency or bankruptcy.
•
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H:ICUENT\E\ENIPDDl2.DOC •
XII-I
•
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•
Notwithstanding the foregoing, in accordance with Section 31-30.5-208, Colorado Revised
Statutes (and prior to May 23, 1996, Section 31-30-412, Colorado Revised Statutes), the Board may
approve: (1) payment to an alternate payee based upon an assignment for child support purposes as
provided for under Sections 14-10-118(1) and 14-14-107, Colorado Revised Statutes, as those statutes
existed prior to July 1, 1996; (2) income assignments for child support purposes as provided for under
Section 14-14-111.5, Colorado Revised Statutes, effective July 1, 1996; (3) 'Writs of garnishment that
are the result of a judgment taken for arrearages for child support or for child support debt; and (4)
effective January 1, 1997, payments made in compliance with a properly executed court order
approving a 'Written agreement entered into pursuant to Section 14-10-113(6), Colorado Revised
Statutes. Such payments shall not be deemed a prohibited alienation of benefits .
H:\CLIENT\EIENIPDD 12.DOC
XII-2
ARTICLE XIII
Amendments
Section l. Right to Amend: The Employer (or other body duly authorized by the
Employer) reserves the right to make, from time to time, any amendment or amendments to this Plan
which do not permit reversion of any part of the Trust Fund to the Employer except as provided in
Article XIV, Section 4, and which do not cause any part of the Trust Fund to be used for, or diverted
to, any purpose other than the exclusive benefit of Participants included in this Plan and which does
not, directly or indirectly, reduce any Participant's Accrued Pension unless such amendment is required
in order to maintain the Plan's qualified status under Code Section 40l(a); provided, however, that no
such amendment may be made without the consent of at least sixty-five percent ( 65%) of the total
votes cast by all the affected active Participants and all the affected retired and deferred vested
Participants entitled to, or receiving, a Pension benefit hereunder, at the time the Plan is so amended, as
provided in Section 31-30.5-801 of the Colorado Revised Statutes (and prior to May 23, 1996, under
Section 31-30-417 of the Colorado Revised Statutes).
H:ICLIDmE\ENIPDDI 2.DOC
XIII-1
•
•
•
• ARTICLE XIV
Withdrawal and Termination
Section I. Plan Termination: If permitted by Colorado statutes and approved by the
Colorado Fire and Police Pension Association, the Employer may at any time, by adoption of a
resolution, terminate this Plan.
A partial termination of this Plan will occur if required under the qualification requirements of
Section 401(a) of the Code.
Section 2. Allocation of Assets Upon Plan Termination: Upon termination or partial
termination of the Plan, the benefits accrued up to the date of termination by the affected Participants
and their beneficiaries, respectively , shall be nonforfeitable; however, actual payment of such benefits
shall only be to the extent permitted from the Plan assets. The assets of the Trust Fund shall be
• allocated to provide such nonforfeitable benefits, to the extent possible, in the order of precedence
determined by the Board at such time.
•
s~ction 3. Manner of Distribution: Any distribution after termination of the Plan may be
made at any time, and from time to time, in whole or in part, to the extent that no discrimination in
value results, in cash, in securities, or other assets in kind (at fair market value), in the form of a
Pension or a continued Pension, in nontransferable annuity contracts, or in installments, as the Board,
in its discretion, shall determine.
In making such distribution, any and all determinations, appraisals, apportionments and
allotments shall be made by the Board acting under the information supplied by the actuary and shall
be final and conclusive and not subject to question by any person .
H:'.CUENnE\ENIPDD 12.00C
XIV-1
Section 4. A.mounts Returnable to the Emplover: In no event shall the Employer receive
any amounts from the Trust, except such amounts, if any, as set forth below:
a. Upon termination of the Plan the Employer shall receive such amounts, if any,
as may remain after the satisfaction of all liabilities of the Plan to its Participants and their
beneficiaries, and arising out of any variations between actual requirements and expected
actuarial requirements.
b. In the event of a contribution made by the Employer by a mistake of fact, such
contribution may be returned to such Employer within one (1) year after payment thereof.
c. If the Employer's determination letter issued by the District Director of Internal
Revenue as to the Employer's adoption of this Plan is an initial determination letter and is to the
effect that the Plan and Trust herein set forth or as amended prior to the receipt of such letter do
not meet the requirements of Sections 40l(a) and 50l(a) of the Code, the Employer shall be
entitled to withdraw, within one (1) year of the date of issuance of such letter, all of its
contributions made on and after the Effective Date, as though it had never adopted this Plan and
Trust.
Section 5 . Applicable Law: All questions arising with respect to the provisions of this Plan
•
shall be determined by the application of the laws of the State of Colorado, except to the extent such •
law is preempted by Federal statute.
H:ICLIENT'IE\ENIPOD 12.DOC • XIV-2
•
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ARTICLE X.V
Direct Rollovers
Section 1. General: This Article applies to distributions made on or after January 1, 1993.
Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's
election under this Article , a Distributee may elect, at the time and in the manner prescribed by the
Board, to have any portion of an Eligible Rollover Distribution which exceeds $200 paid directly to an
Eligible Retirement Plan specified by the Distributee in a Direct Rollover. If a Distributee's Direct
Rollover Distribution is less than $500, the Distributee may only elect to Direct Rollover 100% of the
Eligible Rollover Distribution.
Section 2. Definitions:
a 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) made for the li fe (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 pe;iod of ten years or more; any
distribution to the extent such distribution is required under Code Section 40l(a)(9); and the
portion of any distribution that is not includable in gross income (determined without regard to
the exclusion for net unrealized appreciation with respect to Employer securities).
b. Eligible Retirement Plan: An Eligible Retirement Plan is an individual
retirement account described in Code Section 408(a), an individual retirement annuity
described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a
qualified trust described in Code Section 40l(a), that accepts the Distributee's Eligible Rollover
Distribution. However, in the case of an Eligible Rollover Distribution to the surviving spouse,
an Eligible Retirement Plan is an individual retirement account or individual retirement
annuity .
c. Distributee: A Distributee includes an Employee or former Employee. In
addition, the Employee's or former Employee's surviving spouse and the Employee's or former
Employee's spouse or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in Code Section 414(p), are Distributees with regard to the interest of
the spouse or former spouse .
H:ICl...lENT\E\ENIPDD 12.DOC
X.V-1
d. Direct Rollover: A Direct Rollover is a payment by the Plan to one Eligible
Retirement Plan specified by the Distributee. •
e. Waiver of 30 Dav Notice for Cashouts of $3 .500 or Less: If a distribution is one
to which Code Sections 40l(a)(l l) and 417 do not apply, such distribution may commence less
than thirty (30) days after the notice required under Treasury Regulation Section 1.41 l(a)-1 l(c)
is given, provided that:
(1) the Board clearly informs the Participant that the Participant has a right to a
period of at least thirty (30) days after receiving the notice to consider the decision of
whether or not to elect a distribution (and, if applicable, a particular distribution
option), and
(2) the Participant, after receiving the notice, affirmatively elects a distribution .
•
H:ICl.IENTIEIENIPDDll.DOC •
XV-2
•
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•
IN WTINESS WHEREOF, and as conclusive evidence of the adoption of the foregoing
instrument comprising City of Englewood Firefighters Pension Plan (As Restated January I , 1996), the
Employer has caused its seal to be affixed hereto and these presents to be duly executed in its name and
behalf by its proper officers thereunto authorized this __ day of 19_.
ATTEST: CITY OF ENGLEWOOD , COLORADO
By
City Clerk Mayor
H:ICLIDmE\ENIPDD l2.DOC
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COUNCIL COMMUNICATION
Date Agenda Item Subject A bill for an ordinance
adopting the City of Englewood
Firefighters Pension Plan
May 4, 1998 10 a i Document (the Plan)
Initiated By Staff Source
Department of Financial Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council discussed this issue at a study session held on April 20, 1998. Council gave staff
direction to proceed with this bill for an ordinance.
RECOMMENDED ACTION
Staff recommends that City Council approv the attached bill for an ordinance.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This ordinance does not substantially change the current level of pension benefits for the "old hire"
firefighters . The Plan document mirrors the current benefits as defined in Colorado State Statutes.
There is one change in the proposed plan that is different from Statutes. The Plan offers a number of
optional forms of benefit payout. The Plan allows options based upon the need to provide for the
named beneficiary. This is particularly beneficial to unmarried retirees who can, if the Plan is adopted,
name someone other than a spouse as beneficiary to the basic benefit. The spousal benefit remains
separate from the basic retirement benefit.
Active old-hire firefighters voted affirmatively to accept the proposed Plan document.
No other alternatives were considered .
FINANCIAL IMPACT
This action does not increase City of Englewood expenditures as the proposed Plan mirrors what is in
Colorado State Statutes.
LIST OF ATTACHMENTS
Proposed bill for an ordinance