Res 73-70 RESOLUTION NO. 73-70-.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACI!, DELRAY BEACH, FLORIDA,
PERTAINING TO THE ~iENDMENT AND RESTATEMENT
OF A RETIREMENT PLAN FOR CERTAIN EMPLOYEES
OF THE CITY, AS SET FORTH IN RESOLUTION
NO. 1489; AND PROVIDING FOR THE CONTINUA-
TION OF THE RETIREMENT TRUST SET FORTH IN
RESOLUTION N0.1489
WHEREAS, the City Council of the City' of Delray
Beach, Delray Beach, Florida, has the power to establish
a retirement plan for the city employees by virtue of
Section 25(c)of the Charter of the City of Delray Beach;
and
WHEREAS, the City Council has determined that it is
in the best interests of the citizens of this city to
amend and restate the retirement plan for certain of
the city employees;
NOW, Tk~IREFORE, BE IT RESOLVED:
CI1~ CL~RK
EXHIBIT A
RETIREMENT PLAN FOR ~W[PLOYEES' OF
THE CITY OF DELRAY BEACH
As Amended and Restated
Effective
January 1~ 1971
City of Delray Beach
Delray Beach~ Florida
EXHIBIT A
RETIR~qENT PLAN FOR ~MPLOYEES OF
THE CITY OF DELRAY BEACH
Table of Contents
ORDINANCE
Section Pa~e
ARTICLE I - CREATION
1.1 - Authorization .. ....................... 1-a
1.2 - Purpose .......................... -. 1-a
1.3 - Name ............................ 1-a
1.2 - Effective Date ........................ 1-a
1.5 - Introduction ........................ 1-b
ARTICLE II - ELIGIBILITY: PARTICIPATION: SERVICE:
2,1 - Eligibility: Participation ................. 2-a
2.2 - Service ........................... 2-b
2.3 - Leave of Absence ....................... 2-c
2.2 - Credited Service ....................... 2-d
ARTICLE III - MISCELLANEOUS PROVISIONS REGARDING THE PLAN
3.1 - Participant's Contribution Account .............. 3-a
3.2 - Contributions ....................... 3-a
3.3 - Expenses of Administration ................ 3-b
3.2 - City's Contributions Irrevocable ............... 3-b
3.5 - Amendment of Plan ...................... 3-b
3.6 - Termination of Plan ................... 3-c
ARTICLE IV - BASIS~ AMOUNT AND PAYMENT OF RETIRE~ENT INCOME
2.1 - Basis of Retirement Income ..................
- Normal Retirement and Retirement Income ...........
2.3 - Early Retirement and Retirement Income ............
- Disability Retirement and Retirement Income ........
2.5 - Benefits Other Than on Retirement ..............
4.6 - Optional Forms of Retirement Income ............. 4-m
4.7 - Ltur, p-sum payment of Small Retirement Income ......... 4-q
4.8 - Limitation on P~vment of Retirement Income .......... 4-q
4.9 - Termination of Service for Dishonesty ............ 4-r
4.10 - Funding of Benefits Through Purchase of Life Insurance
Contract or Contracts .................... 4-r
4.11 - Forfeitures and Dividends .................. 4-t
4.12 - Temporary Limitations on Benefits Required by the Internal
Revenue Service ...................... 4-u
THE CITY OF DELRAY BEACH
Table of Contents (continucdl
Section Pa~e
A~I~,Lm V- ~SCELI~.NEOUS PROVISIONS REGARDING PARTICI?A}~S
5.1 - ~ ..... ~_p,,nt~ to Furnish Req~red Inflection ........
5 ~ ....
· ~ - ~C~Ci 1ciaI'IOS .......................
,- ~o ..... ~w~n~ Beneficiaries .................
- - z.~. ~==~n~ s ~i~hts in Trus% Puna ............. ~-~
~.~ - Boo,fits ~o~ Assignable ................ ~-~ .
5.6 - Bonofi~s Payable to ~ors aha In~om~e~en%s ........ ~-~
5.~ - ~onditions of ~lo~on~ ~o% Affe~e~ by Plan ....... · ~-f
5.S - Abanao~.um~t of B~n~fit .................. ~-f
6.1 - A~inis~ration by Retiromen~ ~o~tee ........... 6-a
6.2 - 0ffi~e~s aha ~loyees of ~e~iremen%
6.3 - ~tion by ~otir~m~nt Committee ...............
6.~ - H~s aha ~sU~a%ions of R~irem~n~ Co~%ee ...... 6-~
6.~ - Powers of R~rum~n~ Co~~ ............... 6-~
~.o - ~a~i~ of ~r~m~nt Com~%~s ............. 6-
6.? - ~uar~ .......................... 6-a
6.S - Ap~!i~abl~ ~ ....................... 6-~
.~-~_~.~ VII - T~UST P~D .~D T~USTEE
?.2 - ~-pos~ of Trust Puna ................. I-~
?.3 - B~n~fiUs Sub, or%sa 0nly by Trusu
- ..us~ P~=a A~li~ab!~ Only ~o Pa~nt of B~n~f~s .....
?.5 - Te~ina~ion of Plan aha Distribution of Trus~
~.~ - Benefits 10~ Ves~e~ if Plan
ARTICLE 1 - CReaTION
Section 1.1 - AUTHORIZATION
An amended and restated retirement plan is hereby authorized to be
adopted and the existing retirement trust together with said plan is authorized
to be administered to provide benefits in accordance with the provisions of this
resolution. The currently appointed retirement committee is authorized and
directed to take the necessary steps for putting the plan into effect, sub-
mitting the necessary documents to obtain approval of the plan by the Internal
Revenue Service as a qualified plan under Sections ~01(a) and 501(a) of the
Internal Revenue Code, make any amendments required by the Internal Revenue
· Service to obtain such approval and administer the plan as provided herein,
provided such amendments do not increase the cost of the plan to the City.
Section 1.2 - PURPOSE
The purpose of the plan is to provide benefits to regula~ and
permanent employees of the City, as the term "employee" is defined herein,
and their beneficiaries upon the occttrrence of retirement, death, or disability
of the employee or upon his termination of employment as provided herein.
Section 1.3 - N~fE
The plan hereby created by the City of Delray Beach (hereinafter
referred to as the "City") shall be known as the RETIREMEI~ PLAN FOR ~2~LOYEES
OF THE CITY OF DELRAY BEACH (hereinafter referred to as the "plan"). All the
affairs and business of such plan shall be transacted in such name.
Section 1.2 - EFFECTIVE DATE
The plan hereby created was effective as of January 1, 1965 and
shall be amended and restated effective as of January 1, 1971.
Section 1.5 - INTRODUCTION
The plan will be administered by a retirement committee, as more
fully described in Section 6.1 of the plan. In conjunction with the amendment
and restatement of the plan, the City will continue the trust fund pursuant to
an agreement which is known as the RETIREMENT TRUST FOR EMPLOYEES OF THE CITY
OF DELRAY BEACH (which trust agreement, as it is originally written and as it
may hereafter be amended, is hereinafter referred to as the "trust agreement"),
with The First National Bank of Delray Beach, Delray Beach, Florida, as trustee
(hereinafter referred to as the "trustee"), and the funds contributed by the
City and the employees for the purpose of providing the benefits specified
in the plan will be held in the trust fund and administered by the trustee in
accordance with the provisions of the trust agreement.
The trust agreement, and any future amendments thereto, shall
form a part of the plan and any amendments hereto, in the same manner as if
all terms and provisions thereof were copied here in detail; the terms and pro-
visions of the plan, and any future amendments hereto, shall form a part of said
trust agreement as from time to time it may be amended, in the same manner as
if the same were copied in said trust agreement in detail.
The plan as set forth herein is an amendment, restatement and
continuation of the superseded plan as in effect on December B1, 1970, and
it is intended tha~ there be no lapse either in time or effect between this
plan and such superseded plan.
Under the superseded plan, all benefits provided thereunder were
funded through the medium of a trust fund established and maintained for the
purposes of the superseded plan; under the plan, all benefits will likewise
be funded through the medium of a trust fund, established and maintained for
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the purposes of the plan, for the exclusive benefit of the employees covered
under the plan, and their beneficiaries.
All covered employees will be breated alike under the plan; how-
ever, it is the desire and intention of the City to preserve for the benefit
of the employees covered under the superseded plan all benefits accrued to
their credit thereunder as of December 31, 1970. The benefits providedunder
the plan for such employees, are at least equal to the benefits being provided
under the superseded plan, as in effect on December 31, 1970. Furthermore, no
rights under the superseded plan as heretofore vested have been diminished.
The plan is applicable to each employee of the City who is eligible
to participate thereunder upon meeting the applicable eligibility requirements
adopted by the City. Each such employee who retires from service with the
City on'or after January l, 1971 in accordance with the terms of the plan
will be entitled to a retirement benefit determined in accordance with the
following provisions. Each employee whose service is terminated on or after
January l, 1971 but prior to his retirement hereunder will be entitled to the
benefits described in Section ~.5 hereof. Any employee of the City who was a
participant in the superseded plan and who had retired under such plan prior
to January l, 1971, and who was no longer in the active full-time service of
the City as of such date shall continue to receive the benefits to which he
was entitled under the superseded plan but shall not receive any additional
benefits under the plan.
ARTICLE II
ELIGIBILITY: PARTICIPATION: SERVICE
Section 2.1 - ELIGIBILITY: PARTICIPATION
The word "employee" as used herein means any'person in the regular
fulltime service of the City; provided, however, that such term shall not
include city councilmen, the city,attorney, Judge, prosecutor (and assistants)
or any person employed for a temporary period or for a temporary Job or those
firemen and policemen employed by the City who are participants in retirement
plans as provided for in Chapters 175 and 185 of the Florida Statutes or
other applicable State statutes The pronouns" '" " "
· he,.. "him, and "his, used in
this plan, shall also refer to similar pronouns of the feminine gender unless
otherwise qualified by the context.
The date on which each such employee will become a participant in
the plan shall be:
(A) January 1, 1971, for each employee who was a participant in
the superseded plan as of December 31, 1970;
(B) January 1, 1971, for each other employee who was not a
participant in the superseded plan but who has completed
one (1) year of credited service as of such date; provided,
however, any person employed by the City after January l,
1965, but prior to January l, 1971, whose attained age at
his date of employment was 60 years, shall not become a
participant in the plan;
(C) The date after January l, 1971 as of which each other employee
completed one (1) year of credited service; provided, how-
ever, that any person employed by the City on or after
January l, 1971 who has attained the age of 60 years as of
the date of his employment shall not become a participant
in the plan.
Each such employee who meets the eligibility requirements as set
forth above shall, as a condition of continued employment, make contributions
to the plan as required by Section B.1 hereof, and shall become a participant
in the plan and will be subject to all other provisions in the plan beginning
on such date.
Any employee who is absent from the active service of the City on
the effective date of the plan by reason of leave of absence granted by the
City, or by reason of compulsory military service, will become a participant
hereunder as of (a) or (b), whichever is later, where (a) is the date of his
return to active employment and (b) is the date as of which he completes one
(1) year of credited service.
Each participant will be retired under the system and entitled to
a retirement income upon retirement from service with the City by reason of
his age, subject to any minimum service requirements herein. Each such parti-
cipant whose employment is terminated because of mental or physical disability
in accordance with Section 4.4 shall be entitled to disability benefits. Upon
the death of a participant, his beneficiaries will be entitled to death benefits
as prescribed in Section 4.5 hereof. Any participant whose service is terminated
for any reason other than retirement, disability retirement or death will be
entitled to benefits upon termination of service as provided in Section 2.5
hereof.
Section 2.2 - SERVICE
The term service means that period of continuous, uninterrupted
employment with the City from the employee's or participant's last date of
2-C
employment to the earlier of the date of termination of his service and
his normal retirement date, as herein described. Any absence from the
active service of the City, including but not limited to absences by reason
of discharge or resignation, which is not deemed a leave of absence as defined
in Section 2.B hereof, will be considered a termination of service.
Section 2.B - LEAVE OF ABSENCE
Absence from the active service of the City by reason of leave'of
absence granted by the City because of illness or military service, or for
any other reason, will not terminate an employee's or participant's service
provided he returns to the active employment of the City at or prior to the
expiration of his leave or, if not specified therein, within the period of
time which accords with the City's policy with respect to permitted absences.
If the employee or participant does not return to the active employment of the
City at or prior to the expiration of his leave of absence as above defined,
his service will be considered terminated as of the date on which his leave
began; provided, however, that except for absence because of military service,
if such employee or participant is prevented from his timely return to the
active employment of the City because of his total and permanent disability or
his death, he shall, nevertheless, be entitled to any disability benefit as
provided in Section h.h hereof or to any death benefit as provided in Section
4.5 hereof, whichever is applicable, as though he returned to active employment
immediately preceding the date of his total and permanent disability or his
death.
Absence from the active service of the City because of compulsory
engagement in military service will be considered a leave of absence granted by
the City and will not terminate the service of an employee or a participant if
he returns to the active employment of the City within the period of time during
which he has re-employment rights under any applicable Federal law or within
60 days from and after discharge or separation from such compulsory engagement
if no Federal law is applicable. No provision of this paragraph or in this plan
shall require re-employment of any employee or participant whose active service
with the City was terminated by reason of military service.
All participants under similar circumstance shall be treated alike
with regard to this Section.
Section 2.~ - CREDITED SERVICE
The credited service of each employee or participant will be the
total period of his service as defined in Section 2.2 hereof, computed in
completed months, from his last date of employment until his normal retirement
date or, if earlier, his date of actual retirement or termination of employ-
'merit, except as provided in Section 2.1 and the following paragraph.
The period of any absence of B1 days or more will be excluded from
an employee's or a participant's credited service unless he receives regular
compensation from the City during such absence and except as otherwise provided
below. Any absence of BO days or less will be included.' The first two years
of any absence after the effective date of the plan due to the employee's or
participant's engagement in military service will be included in his credited
service if such absence is covered by a leave of absence granted by the City
or is by reason of compulsory military service. An employee or a participant
who was absent prior to the effective date of the plan because of his engagement
in military service will be credited for the full period of such absence if
such absence was covered by a leave of absence granted by the City or was by
reason of compulsory military service, provided such period would otherwise
have been included as credited service if the employee or participant had been
in the active service of the City.
ARTICLE III
MISCELLANEOUS PROVISIONS REGARDING THE PLAN
Section 3.1 - PARTICIPANT'S CONTRIBUTION ACCOUNT
The "participant's contribution account" will consist of mandatory
participant contributions.
Each participant will contribute toward the cost of the system mn
amount equal to 3% of the first $4,800 of his basic annual compensmtion as de-
fined in Section 2.1, and 6% of his basic annual compensation in excess of
$2,8oo.
Each participant shall continue to contribute to the system until~
the earliest to occur of the following dates:
(i) Date the participant retires under the plan.
(ii) Date of death of the participant.
(iii) Date of termination of the participant's service with the City.
(iv) The participant's normal retirement date.
Anything in the plan to the contrary notwithstanding, the total
benefits payable under the plan to, or with respect to, a participant shall not
be less than the benefits that can be provided by the participant's contributions,
and further provided, if a terminated participant (as defined in Section 2.5)
elects to withdraw-his contributions prior to his normal retirement date, he
will be entitled only to the return of his contributions in lieu of all other
benefits payable under the plan. Contributions cannot be withdrawn while a
participant remains in the service of the City or after the payment of benefits
under the plan has commenced.
Section 3.2 - CONTRIBUTIONS
The City intends to make such contributions as are required, together
B-b
with contributions of participants, to maintain the trust fund established
for the purposes of the plan on a sound actuarial basis, as determined by the
actuary employed by the City Council in accordance with Section 6.7 hereof.
Section B.3 - EXPENSES OF ADMINISTRATION
The City may pay all expenses incurred in the administration of
the plan, including expenses and fees of the trustee, but it shall not be
obligated to do so, and any such expenses and fees not so paid by the City
shall be paid from the trust fund.
Section. 3.2 - CITY'S CONTRIBUTIONS IRREVOCABLE
The City shall have no right, title, or interest in the trust fund
or in any part thereof, and no contributions made thereto shall revert to the
City except such part of the trust fund, if any, which remains therein after
the satisfaction of all liabilities to persons entitled to benefits under the
plan, as described in Section 7.5 hereof with respect to termination of the
plan.
Section 3.5 - AMENDMENT OF PLAN
The plan may be amended by the City from time to time in any
respect whatever, by resolution of the City Council of Delray Beach, specify-
ing such amendment, subject only to the following limitations:
(A) Under no condition shall such amendment result in or
permit the return or repayment to the City of any
property held or acquired by the trustee hereunder
or the proceeds thereof or result in or permit the
distribution of any such property for the benefit
of anyone other than the participants and their
beneficiaries or Joint pensioners~ except to
the extent provided by Section 3.S and Section
7.5 hereof with respect to expenses of.admini-
stration and termination of the plan~ respectively.
(B) Under no condition shall such amendment change
the duties or responsibilities of the trustee
hereunder without its written consent.
Subject to the foregoing limitations~ any amendment may be'made
retroactively which, in the judgment of the retirement committee~ is necessary
or advisable provided that such retroactive amendment does not deprive a parti-
cipant~ without his consent~ of a right to receive benefits hereunder which
have already f~ully vested and matured in such participant~ except such modifi-
cation or amendment as shall be necessary to comply with any laws or regulations
of the United States or of any state to qualify this as a tax-exempt plan and
trust.
Section B.6 - TERMINATION OF PLAN
The plan may be terminated by the City at any time by delivering to
the trustee in writing an ordinance of the City Council of Delray Beach, duly
certified by an official of the City~ specifying that (a) the plan is being
terminated or (b) contributions thereunder are being permanently discontinued.
The plan shall automatically terminate only upon adjudication by a court of
competent jurisdiction that the City is bankrupt or insolvent (whether such
proceedings be voluntary or involuntary), upon dissolution of the City or upon
its liquidation~ merger or consolidation without provisions being made by its
successor, if any~ for the continuation of the plan.
ARTICLE IV
BASIS; A~!OUNT; AND PAYS~NT OF RETIREMENT INC05~
Section 4.1 - BASIS OF RETIRE~iENT INCOME
The monthly retirement income payable on retirement will be based
on the participant's final monthly compensation and on his credited service.
The term "final monthly compensation" means the participant's average
monthly rate of compensation from the City for the 5 successive calendar years
out of the l0 calendar years next preceding the earlier of (i) the date on
which his service with the City terminates for any reason, and (ii) his normal
retirement date, as hereinafter described, which give the highest average
monthly rate of compensation for the participant.
The participant's average monthly rate of compensation will be deter-
mined by dividing the total basic compensation received by him during such 5
calendar-year period by the number of months for which he received compensation
from the City in such 5 calendar-year period. The number of months for which
he received compensation from the City will be computed, to the extent he was
paid on other than a monthly basis, by determining the number of pay periods
ending within such 5 calendar years for which he received compensation from
the City, and converting such pay periods into months by dividing the number
thereof, if weekly, by 4-1/3, if bi-weekly, by 2-1/6, and if semi-monthly, by 2.
In computing "final monthly compensation" for a participant who has
returned to the active service of the City following a leave of absence granted
by the City during which he did not receive regular compensation from the City,
or following a period of disability retirement or termination of service with a
vested benefit, as described in Sections 4.4(H) and 4.5(A)(3) hereof, respectively,
the period during which he was on leave of absence, or during which he was on
disability retirement, or during which his service was terminated, shall be
ignored, or excluded, in determining the 10 calendar years preceding a subse-
quent date of termination of service or hi~ date of early or normal retirement.
The term "basic compensation" means the compensation actually paid
to a participant by the City, exclusive of commissions, bonuses, overtime pay,
expense ~llowances and all other extraordinary compensation.
Section ~.2 - NORMAL RETIR~ENTAND Rh~IRE~IENT INCOME
Normal retirement under the plan is retirement from the'service of
the City on, or after, the normal retirement date. In such event, payment of
retirement income will be governed by the following provisions of this section.
(A) Normal Retirement D~te:
The normal retirement date of each participant will be the
first day of the month coincident with, or next following the date he both
attains the age of 65 ~nd completes 10 years of credited service~ provided,
however, that a participant may continue in the service of the City beyond his
normal retirement date with the consent of the City, which consent, a~lthough
renewable, will be for no longer than a year at a time.
(B) Amount of Retirement Income:
(1) To Participant Who Retires on Normal Retirement Date.
The monthly amount of retirement income payable to a
participant who retires on his normal retirement date shall be the sum of (a)
s~d (b) where:
(a) is one-twelfth (1/12) of the ~nnual retirement income
as of December Bi, 1970 which has accrued to the~particip~nt under
the provisions of the superseded pl~n~ ~nd
(b) is (i) plus (ii) multiplied by (iii) where:
(i) is 1% (.010) of the first $~00 Of final
monthly compensation;
(ii) is 1-1/2% (.015) of final monthly compensation
in excess of $400; and
(iii) is years and completed months of credited service
from January l, 1971 to the participant's normal
retirement date.
(2) To Participant Who, Retires AfteK.~orm~l Retirement Date
A participant who retires after his normal retirement
date will, upon actual retirement, be entitled to receive a monthly retirement
income, or, if an optional form of payment is in effect pursuant to Section 4.6
below, a retirement benefit, the single-sum value of which, at his actual retire-
ment date, equals the sum of (i) the single-sum value of the normal monthly re-
tirement income (computed as of his normal retirement date in accordance with
Section 4.2(B)(1) above) to which he was entitled on his normal retirement date,
and (ii) the amount of interest on such single-sum in (i) above, where the
interest is compounded annually from the participant's normal retirement date
to his actual retirement date, and all computations are on the basis of the
interes~ and mortality assumptions used for the actuarial valuation coincident
with or next preceding his normal retirement date.
(C) Payment of Retirement Income: The monthly retirement income
payable in the event of normal retirement will be payable on the first day of
each month. The first payment will be made on the participant's normal retire-
ment date (or on the first day of the month coincident with, or next following,
his actual retirement, if later) and the last payment will be the payment due
next preceding the retired participant's death.
Section 2.3 - EARLY RETIHE~ENT AND RETIREMENT INCO~
Early retirement under the p18~1 is retirement from the service of
the City, with the consent of the City, as of the first day of any month'prior
to the p~rticipant's normal retirement date but subsequent to the date as of
which he has both attained the age of 55 years and completed at least 15 years
of credited serVice. In the event of early retirement, payment of retirement
income will be governed by the following provisions of this section.
(A) Ear~ Retirement Date: The early retirement date will be the
first day of the month coincident with or next following the date a participant
retires from the service of the City under the provisions of this section
prior to his normal retirement date.
(B) Amount of Retirement Income: The monthly amount of retirement
income payable to a participant who retires prior to his normal retirement date
under the provisions of this section shall be an amount equal to the sumof
(a) and (b) multiplied by (c) where:
(a) is one-twelfth (1/12) of the annual retirement income
as of December 31, 1970 which has accrued to the participant
under the provisions of the superseded plan; and
(b) is (i) plus (ii) multiplied by (iii) where:
(i) is 1% (.010) of the first $200 of final
monthly compensation;
(ii) is 1-1/2% (.015) of final monthly compensation
in excess of $200; and
(iii) is years and. completed months of credited
service from January l, 1971 to the participant's
early retirement date; and
(c) is the applicable factor set forth in the Table of
Factors below:
TABLE OF FACTORS
Years Prior to Normal Retirement Age 65
Age of Age of
Participant Years Factor Participant Years Factor
55 10 ·5000 60 '5 .6667
56 9 .5333 61 4 .7333
57 8 .5667 62 3 .8000
58 7 .6000 63 2 .8667
59 6 .6333 64 1 .9333
The factor to be used in (b) above will be based on the participant's
attained age, computed to the nearest month, at his early retirement date; and
shall be computed by interpolation, if the age of the paritcipant so computed
is other than one of the whole ages shown above.
(C) Payment of Retirement Income: The retirement income payable in
the event of early retirement will be payable on the first day of each month.
The first payment will be made on the participant's early retirement date and
the last payment will be the payment due next preceding the retired participant's
death.
Section 4.4 - DISABILITY RETIREMENT AND RETIREMENT INCOME
(A) Definition: A participant may retire from the service of the
City under the plan if he becomes totally and permanently disabled, as defined
in Paragraph (B) of this Section 4.4, on or after the effective date of the plan
but prior to his normal retirement date. Such retirement from the service of
the City shall herein be referred to as disability retirement.
(B) Total and Permanent Disability: A participant will be considered
totally disabled if, in the opinion of the retirement committee, he is wholly
prevented from engaging in any occupation for wage or profit; and a participant
~ll be considered permanently disabled if, in the opinion of the retirement
committee, such participant is likely to remain so disabled continuously and
permanently from a cause other than specified in Paragraph (C) of this Section 4.4.
(C) Nonadmissible Causes of Disability: A participant will not be
entitled to receive any disability retirement income if, in the opinion of the
retirement committee, the disability is a result of:
(1) Excessive and habitual use by the participant of'
drugs, intoxicants or narcotics;
(2) Injury or disease sustained by the participant
while willfully and illegally participating
in fights, riots, civil insurrections or
while comm~tting.a felony;
(3)Injury or disease sustained by the participant
'while serving in any armed forces;
(4) Injux~y or disease sustained by the participant
diagnosed or discovered subsequent to the date
his employment has terminated;
(5) Injury or disease sustained by the participant
while working for anyone other than the City,
and arising out of such employment; or
(6) Injury or disease sustained by the participant
as a result of an act of war, whether or not
such act arises from a formally declared state
of war.
(D) Proof of Disability: The retirement committee, before apprOving
the payment of any disability retirement income, shall require satisfactory
proof, in the form of a certificate from a duly licensed physician selected by
the retirement committee~ that the participant has become disabled as provided
herein. Every six months after commencement of disability retirement income~
or more frequently~ the retirement committee may similarly require proof of
the continued disability of the participant.
(E) Disability Retirement Income: The benefit payable to a parti-
cipant who retires from the service of the City due to total and permanent
disability is the monthly retirement income~ determined actuarially~ payable
for l0 years certain and life thereafter, which can be provided by (a) or (b),
whichever is greater~ where (a) is the single-sum value (computed as of the
participant's date of termination of service due to disability) of his deferred
monthly retirement income beginning at his normal retirement date which has
accrued to the date of termination of his service due to disability, and (b)
is 12 times his rate of basic monthly compensation as of the January 1st which
is coincident with, or immediately precedes, the date of termination of his
service due to disability. The amount of such accrued deferred monthly retire-
ment income shall be computed as for normal retirement under Section 4.2(B)(1).
(F) Payment of Disability Retirement Income: The monthly retirement
income to which a participant is entitled in the event of his disability retire-
ment will be payable on the first day of each month. The first payment will be
made on the first day of the month coincident with~ or next following~ the later
to occur of (a) the date on which the disability has existed for six months or
(b) the date as of which application is made in writing by the participant for
the payment of such retirement income. The last payment will be either (i)~ if
the participant recovers from the disability prior to his normal retirement
date, the payment due next preceding the date of such recovery or (ii), if the
p~rticipant dies without recovering from his disability or attains his normal
retirement datc while still disabled, the 120th payment or the payment due
next preceding his death~ whichever is later~ Any monthly retirement income
pa~uents due after the death of a disabled participant shall be paid to the
participant's designated beneficiary (or beneficiaries) as provided in Sections
5.2 and 5.5 hereof.
(G) Recover~ from Di. sabilit~: If the retirement committee finds that
a participant who is receiving a disability retirement income is, at any time
prior to his normal retirement date, no longer disabled, as provided herein~
the retirement committee shall direct that the retirement income be discontinued.
Recovery from disability as used herein shall mean the ability of the participant
to engage in any occupation for wage or profit. However, any such participant
who recovers from disability and whose retirement income is discontinued by the
retirement committee and who, as of the date of termination of his service due
to disability, had both attained the age of 55 years and completed at least 15
years of credited service shall, if he does not re-enter the service of the City
be entitled to the early retirement income or the vested deferred retirement
income as provided in Section 4.~ and 4.5(A) hereof as of the date of termination
of his service due to disability and upon his attained age as of the date of his
recovery from disability, but early retirement will be subject to consent of the
City and the amount of the retirement income upon early retirement will be actu-
arially reduced to take into account the participant's younger age and the earlier
commencement of retirement income payments as provided in Section h.~ hereof.
(H) Re-employment b~..the Cit~: If the participant recovers from
disability and re-enters the service of the City~ his service will be deemed
to have been continuous~ but the period beginning with the first month for~
which he received a disability retirement income payment and ending with the
date he re-entered the service of the City will not be considered as credited
service for the purposes of the plan.
Section 4.5 - BENEFITS 0THER~tAN ON RETIREMENT
(A) Benefit on Termination of Service and on'Death After Termi-
nation of Service:
(1) In the event of the termination of a participant's service
prior to his normal retirement date for any reason other than his death, early
retirement with the consent of the City as described in Section 4.3 hereof,
or disability retirement as described in Section 4.4 hereof, after he has both
attained the age of 55 years and completed 15 years of credited service (such
participant is hereinafter referred to as a "terminated participant"), he will
be entitled to a monthly retirement income to commence on his normal retirement
date, if he shall then be living, in an amount which can be provided by the
single-sum value of his deferred monthly retirement income beginning at his
normal retirement date which has accrued to the date of termination of his
service, accumulated at interest from the date of termination of his service
to his normal retirement date. The amount of such accrued deferred monthly
retirement income shall be computed as for normal retirement under Section 4.2
(B)(1), based upon the terminated participant's number of years of credited
service and final monthly compensation at the date of termination of his service.
(2) In the event a terminated participant dies prior to the
commencement of his retirement income at his normal retirement date (without
having received, in accordance with Section 4.7, the value of the benefit in
Section 4.5(A)(1) above, his beneficiary (or beneficiaries) will receive the
monthly retirement income, payable for l0 years certain and life thereafter and
beginning on the date of the participant's death, which can be provided by.the
single-sum value of the participant's accrued deferred monthly retirement income
as of the date of termination of the participant's service~ accumulated ~t
interest from the date of termination of the participant's service to the date
of his death.
(~) If a p~rticipant's service with the 'City is terminated
while he is entitled to the retirement income described in Section 4.5(A)(1)
above and he subsequently re-enters the service of the City, he will be entitled~
upon such re-ent~y~ to the credited service he had on the date of termination of
his service in lieu of the benefits to which he was entitled on such ~ate under
Section 4.5(A)(1); provided~ however~ that the monthly retirement income payable
to such participant commencing at normal retirement date shall not be less than
the amount to which he was entitled under Section 4.5(A)(1) prior to his re-entry
into the service of the City. Except as provided in Section 4.4 hereof with
respect to disability retirement~ any other participant will~ on re-entry into
the service of the City (unless he has been on leave of absence pursuant to the
provisions of Section 2.~ hereof)~ be treated as if he then first entered the
service of the City.
(4) The provisions of Section 4.6 hereof relating to optional
forms of retirement income are applicable to the benefits provided under Section
4.5(A)(1) hereof.
(5) Except as provided in Section 4.2 with respect to normal
retirement~ Section 4.4 with respect to disability retirement and Section 4.5
with respect to death, the participant whose service is terminated prior to
the date as of which he has both attained the age of 55 years and completed
at least 15 years of credited service shall be entitled only to the return of
his contributions.
(B) Benefit Payable in the k~ent of Death on or Prior
to Normal Retirement Date While in Service
(1) If the service of a participant is terminated by reason
of his death, on, or prior to, his normal retirement date, there shall be pay-
able to the participant's designated beneficiary (or beneficiaries) the monthly
retirement income, beginning on the first day of the month coincident with or
next following the date of his death, which can be provided by (a) or (b),
whichever is greater, where (a) is the single-sum value of his accrued deferred
'monthly retirement income commencing at his normal retirement date which had
accrued to the date of his death, where this single-sum value will be calculated
in a manner similar to the way the reserve is accumulated under a typical retire-
ment income contract, (b) is (i) or (ii), whichever is smaller, where (i) is
12 times his rate of basic monthly compensation as of the January 1st which is
coincident with, or immediately precedes, his date of death, and (ii) is 100
times the participant's anticipated monthly retirement income commencing at
normal retirement date. The amount of such accrued deferred monthly retire-
ment income shall be computed as for normal retirement under Section ~.2(B)(1),
based upon the participant's number of years of credited service and final
'monthly compensation at the date of his death. The amount of anticipated
monthly retirement income commencing at normal retirement date in (b)(ii) above
shall be computed as for normal retirement under Section h.2(B)(1), based on
his anticipated number of years of credited service at his normal retirement
date and his projected final monthly compensation at normal retirement date.
The participant's anticipated number of years of credited service at his
normal retirement date shall be determined in accordance with Section 1.h here-
of, based on the assumption that his employment with the City would have con-
tinued uninterrupted from his date of death to his normal retirement date. The
participant's projected final monthly compensation at his normal retirement
date shall be determined as of the participant's normal retirement date,
based on the assumption that the Participant,s rate of monthly basic COmpensa_
tion as of his date of death WOUld have continued, Without change, to his
normal retirement date.
(2) EXcept as Provided in Section 4.~5(B)(3) belo~, the~
monthly retirement income payments Under this Section 4.2(B) Shall be Payable
for the life of the beneficiary (or beneficiaries) designated or Selected
Under Section 5.2 to receive Such benefit, and, in the event of SUch benefi_
Ciary,s death Within a Period of 10 Years after the participant,s death, the
Same monthly amount shall be payable for the balance of SUch 10-Year period in
the manner and SUbject to the provisions of Section 5.3.
(3) ~n lieu of the benefits payable in.Section 4.2(B) (2),
above, the single-sum Value of SUch benefits may be Paid to the participant
designated beneficiary (or beneficiaries) in SUch Other manner and form as the
Participant may elect and the retirement committee may approve, or, in the
even~ no election is made by the Participant Prior to his death, as the bene~
ficlarymay elect and the retirement committee may approve.
CC) Benefit Payable in EVent of Death While
(1) If the'service of a ParticiPant is terminated by reason
of his death after his normal retirement date, there Shall be Payable to the
participant's designated beneficiary Cot beneficiaries), the monthly retirement
income, determined actuarially, beginning on the first day of the month COincident
With, or next following, the date of his death, Which can be Provided by the sum
of la) the Single_sum Value of the normal retirement inCOme (computed as of the
participant's normal retirement date) to which he was entitled on his normal
retirement date, and Cb) the amount of interest on such Single-sum Value in Ca)
above, where the interest shall be eompounded annUallyfrom the participant,S
~-m
normal retirement date to the date of his death, and all computations shall
be on the basis of the interest and mortality assumptions used for the
actuarial valuation coincident with or next preceding his normal retire-.
ment date.
(2) Except as provided in Section ~.5(C)(3) below, the
monthly retirement income payments under this Section ~.5(C) shall be payable
for the life of the beneficiary (or beneficiaries) designated or selected
under Section 5.2 to receive such benefit, and, in the event of such benefi-
ciary's death within a period of l0 years after the participant's death, the
same monthly amount shall be payable for the remainder of such 10-year period
in the manner and subject to the provisions of Section 5.3.
(3) In lieu of the benefits payable in Section ~.5(C)(2)
above, the single-sum value of such benefits may be paid to the participant's
designated beneficiary (or beneficiaries) in such other manner and form as the
participant may elect and the retirement committee may approve, or, in the event
no election is made by the participant prior to his death, as the beneficiary
(or beneficiaries) may elect and the retirement committee may approve.
Section h.6 - OPTIONAL FORMS OF RETIREMENT INCOME
In lieu of the amount and form of retirement income payable in the
event of normal retirement, early retirement, or termination of service as
specified in Sections h.2, ~.3 and 4.5(A) hereof, a participant, or a terminated
participant as defined in Section ~.5(A) hereof, upon written request to the
.retirement committee and submission of evidence of good health (except that
such evidence will not be required if such request is made at least three years
prior to the date of commencement of retirement income - or by the first day of
the sixth month following the date as of which the formal announcement of the
plan is made to the employees of the City, if on January 1, 1971, less than
~-n
three years remain prior to the participant's anticipated retirement date)
and subject to the approval of the retirement committee, may elect to receive
a retirement income or benefit commencing on the date specified in Sections 2.2,
~.B, or 4.5(A), whichever is applicable, of equivalent actuarial value payable in
accordance vith one of the following options:
Option l: A retirement income of a lesser monthly amount,
payable to the participant for his lifetime, ex-
cept that in the event the participant dies before
he has received retirement benefits for a period
of l0 years, the same monthly benefit will be paid
to the beneficiary designated by the participant for
the balance of the 10-year period.
Option 2: A retirement income of a modified monthly amount,
payable to the participant during the Joint life-
time of the participant and a Joint pensioner
designated by him, and following the death of either
of them, 2/B of such monthly'amount payable to the
survivor for the lifetime of the survivor. The Joint
pensioner designated by a participant in accordance
with this Option shall be either (a) the spouse of
such participant or (b) any other person vhose aEe, if
younger than the participant, differs from the age of
the participant by not more than l0 years.
Option B: Such other amount and form of retirement payments or
benefits as, in the opinion of the retirement committee,
will best meet the circumstances of the participant; pro-
vided, however, that if such form is other than a Joint
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and survivor form of retirement payments or benefits,
the monthly income Payable-to a participant Under such
form shall not be less than the monthlY income that
would be payable Under a payments certain to age 85
years and life thereafter form.
The Participant upon electing any option of this section will
designate the Joint pensioner or beneficiarY (or beneficiaries) to receive
the benefit, if any, payable Under the plan in the event of his death and
will have the power to change such designation from time to time, but any
such change shall be deemed to new election and will be subject to approval
by the retirement committee. Such designation will name a Joint pensioner
or one or more primarY beneficiaries where applicable. If a Participant has
elected an option with a Joint pensioner or beneficiary (or beneficiaries)
and his retirement income benefits have commenced, he may thereafter change
his designated Joint pensioner or beneficiary (or beneficiaries) but only
if the retirement committee consents to such change and, in the case where
the designation to be changed is one involving a Joint pensioner, if the
Joint pensioner last previously designated by him is alive when he files
with the retirement committee his request for such change. The consent of a
participant,s Joint pensioner or beneficiarY (or beneficiaries) to any such
change shall not be required. The retirement committee may request such
evidence of the good health of the Joint pensioner that is being removed as
it may require, and the amount of retirement income payable to the participant
Upon the designation of a new Joint pensioner shall be actuarially redetermined,
taking into account the age and sex of the former Joint pensioner, the new
Joint pensioner and the participant. Each such designation will be made in
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writing on a form prepared by the retirement committee. In the event that
no designated beneficiary survives the participant, such benefits as are
payable in the event of the death of the participant subsequent to his re-
tirement shall be paid as provided in Section 5.2 hereof.
Retirement income payments will be made under the option elected
in accordance with the provisions of this section and will be subject to the
following limitations:
(A) If a participant dies prior to his retirement under the plan,
or if a terminated participant dies prior to the commencement of his payments
at his normal retirement date, no benefit will be payable under the option
to any person, but benefits will be payable as provided in Section 4.5 hereof.
(B) If the designated beneficiary (or beneficiaries) or Joint
pensioner does before the participant's retirement under the plan or subsequent
to a terminated participant's date of termination of service but prior to
his normal retirement date, the option elected will be cancelled automatically
and a retirement income of the normal form and amount will be payable to the
participant upon his retirement or to the terminated participant at his
normal retirement date as if the election had not been made, unless a new
election is made in accordance with the provisions of this section or unless
a new beneficiary (or beneficiaries) or Joint pensioner is designated by
the participant prior to his retirement or by the terminated participant
prior to his normal retirement date and within 90 days after the death of
the prior beneficiary (or beneficiaries) or Joint pensioner.
(C) If both the participant and the beneficiary (or beneficiaries)
designated by him die after the date that the participant's retirement income
commences under the plan but before the full'payment has been effected under
any option providing for payments for a period certain and life thereafter~
made pursuant to the provisions of Option 3, the retirement committee may~ in
its discretion, direct that the commuted value of the remaining payments be
paid in a lump sum and in accordance with Section 5.3 hereof.
Section 4.7 - LUMP-SUMPAY~NT OF SMALL RETIREMENT INC0~
Notwithstanding any provision of the plan to the contrary, if the
monthly retirement income payable to any person entitled to any benefit here-
under is less than $50 as of the date of his retirement or termination of
service, whichever is applicable, the retirement committee may, in the
exercise of its discretion, specify that the actuarial equivalent of such
retirement income be paid in a lump sum or in monthly installments for a
period certain of not more than 60 months, such actuarial equivalent to be
based upon the mortalityand interest assumptions used as a basis for the last
preceding valuation of the plan.
Section 4.8 - LImiTATION OM PAYMENT OF RETIREMENT INCO~
Notwithstanding the fact that the monthly retirement income is payable
for life, if any person receiving a monthly retirement income should receive or
become entitled to receive any compensation for personal services currently per-
formed under substantially full time continuous employment by the City of Delray Beach
at the regular compensation, the monthly retirement income shall cease during
the period for which such compensation is payable. Such monthly retirement income
shall~ however, be resumed again at the same rate when such compensation there-
after ceases to be payable.
Section 4~.9 - TF~R~SNATION OF SF-RVICE FOR DISHONESTY
If a participant's service is terminated because of dishonest conduct
injurious to the City, or if dishonest condudt injurious to the City committed
by a participant is determined by the City during the lifetime of the participant
but within one year after his service with the City is terminated or within one
year after his retirement under the plan, the retirement committee, upon notice
from the City Council of Delray Beach, may terminated such a participant's interest
and benefits under the plan and trust fund.
?ne dishonest conduct injurious to the City committed by a participant
shall be determined and decided by the retirement committee only after a full
investigation of such alleged dishonest conduct and an opportunity has been
given the participant to appear before the retirement committee to present his
case. The decision made by the retirement committee in such cases shall be
final and binding in all participants or other persons affected by such decision.
Section 4.10 - FUNDING OF BENEFITS THROUGH PURCHASE OF LIFE INSURANCE CONTRACT
OR C~RACTS
In lieu of paying benefits from the trust fund to a participant or his
beneficiary, upon direction of the retirement committee, with specific prior
authorization by the City, the trustee shall purchase, with funds in the trust,
an individual retirement income or retirement annuity contract from an insurance
company which, as far as possible, provides benefits equal to (or actuarially
equivalent to) those provided in the plan for such participant or beneficiary,
whereupon such contract shall thereafter govern the payment of the amount of
benefit, if any, represented by such contract which is payable under the plan
upon the participant's normal retirement, early retirement, death, or termination
of service, and the liability of the trust fund and of the plan will cease and
terminate with respect to such benefits that are purchased and for which the
h-s
premiums are duly paid. Such individual retirement income or retirement
annuity contract may be purchased by the trustee on a single-premiumbasis
or on the basis of annual premiums payable over a period of years, as directed
by the retirement committee and as agreed upon by the insurance company; and such
individual retirement income or retirement annuity contract may be purchased,
as directed by the retirement committee, at any time, on, or after, the
participant's date of retirement to,provide the benefits due under the plan to
the participant or his beneficiary, on, or after, the date of such purchase.
With specific prior authorization by the' City, the retirement
committee may direct the trustee to enter into a contract or contracts with one
or more life insurance companies for the purchase of retirement annuities, five-
year renewable term life insurance, one-year renewable term life insurance or
other form of life insurance or other benefits, on an individual or group basis,
in such manner and in such form as may be deemed appropriate by the retirement
committee, as provided for in the plan, and further provided the insurance
benefit will be no greater than one hundred (100) times the participant's
anticipated monthly retirement income commencing at normal retirement date. The
amount of such-anticipated monthly retirement income commencing at normal retire-
ment date shall be computed as for normal retirement in Section &.2(B)(1).
The participant's projected final monthly compensation at normal
retirement date shall be determined in accordance with Section ~.l hereof, and
shall be determined as of the participant's normal retirement date, based on
the assumption that the participant's rate of monthly compensation as of his
date of death had been continued without change to his hormel retirement date.
Specifically, such retirement annuities and other benefits as n~y be provided
for in the plan m~y be purchased under one or more~deposit'administration t)~e
group ~nnuity contracts.
No insurance company wh~hmay issue any contract upon the application
of the trustee shall be required to t~ke or permit any action contrary to the
provisions of such contract; or be bound to allow any benefit or privilege to
any person interested in any contract it has issued which is not provided in
such contract~ or be deemed to be a party to this plan for any purpose; or be
responsible for the validity of this plan; or be required to look into the terms
of this plan; or question any act of the retirement committee or the trustee
hereunder; or be required to see that any action of ~he trustee is authorized by
this plan. Any such issuing company shall be fully discharged from any and all
liability for any amount paid to the trustee~ or in accordance with its direction;
and no issuing company shall be obligated to see to the application of any monies
so paid by it. AnY such issuing company shall be f~ully protected in taking or
permitting any action on the faith of any instrument executed by the trustee in
its name as trustee~ and shall incur no liability for so doing.
Upon termination of employment, a participant m~y receive the retire-
ment income and/or annuity policies which are being purchased for h~ at the
date of his termination~ in lieu of any other benefit which he may be entitled
to receive~ upon payment to the trustee of the difference between the cash value
of the policies and the amount that the participant is entitled to receive as
a benefit upon termination of his service.
Section 4.11 - FORFEITURESAND DIVIDENDS
Forfeitures~ and dividends under any contract issued in accordance
with Section 4.10~ shall not be used to increase the benefits that any employee
would otherwise receive under the plan at any time prior to the termination of
the plan or the complete discontinuance of contributions to the plan but shall
be anticipated in determining the costs under the plan.
Section h.12 - TEMPORARY LIMITATIONS ON BENEFITS
REQUIRED BY THE INTERNAL REVENUE sERvIcE
The term "employee" as used in this Section ~.12 shall include
all employees of the City who are participants in the plan on the effective
date and all other employees in the service of the City who may later become
participants in the plan.
Notwithstanding any provision of any other section of the plan
to the contrary, the amount of City contributions which may be used to provide
benefits for any participant within the applicable group of the 25 highest-
paid employees shall not exceed an amount which is equal in value to (or which
is actuarially equivalent to) the largest of the following amounts:
(1) The amount of City contributions which would have been
applied to provide the benefits for such participant if the superseded plan,
as in effect on December B1, 1970 had been continued without change;
(2) $20,000 ~ and
(3) The sum of;
(a) The amount of City contributions which would have
been applied to provide the benefits accrued to the participant
under the superseded plan on December B1, 1970; and
(b) An amount computed by multiplying the number of years
elapsed since January l, 1965 for which the full current costs
of the plan have been met by the smaller of the following amounts:
(i) $10,000; and
(ii) An amount equal to 20% of the participant's average
regular annual compensation received from the City
for the five years immediately preceding the date
of such determination or, if earlier, the date of
termination of service of a terminated participant,
the date of retirement of a participant who has
retired prior to his normal retirement date or the
normal~retirement date of a participant who has
attained his normal retirement age whether or not
he has retired under the plan.
Provided, however, if the full current costs are not met at the end of the 10-year
period that next follows the effective date of the plan, the above restrictions
will continue to apply until the full current costs are funded for the first time.
The foregoing conditions will not restrict the payment of the full
benefits to a beneficiary after the death of a participant whose benefits are
subject to the provisions of this Section h.12, if, at the time of such death, the
plan is in full effect and the full current costs thereof'have been met.
The provisions of this Section h.12 will not apply to the retirement
income payable in the normal form or under any optional form which does not provide
a larger monthly income than the normal form to any participant retiring or re-
ceiling benefits during any'period in'whlch the plan is in full effect and the
full current costs thereof have been met.
The limitations will not apply to the payment of any survivorship
income with respect to any deceased participant or retired participant who dies
prior to the termination of the plan and while the full current costs thereof
have been met.
In the event of the termination of the plan while the limitations
of this Section ~.12 are in effect, that portion of the assets of the trust fund
arising from contributions made by the City with respect to those participants
to whom the provisions of this Section h.12 are applicable which is in excess
of the foregoing limitations will be apporti6ned to the other participants,
including retired participants, in accordance with the provisions contained in
Section 7.5 hereof.
·
ARTICLE V
~f~SCELLANEOUS' PROVISIONS REGARDING PARTICIPANTS
Section 5.1 - PARTICIPANTS TO FUPJIISI{ REQUIRED INFORMATION
Each participant will furnish to the retirement committee such infor-
mation as the retirement committee considers necessary or desirable for the
purpose of administering the plan and the provisions of the plan respecting
any payments thereunder are conditiOnal upon the participant's furnishing
promptly such true, full and complete information as the retirement committee
may request.
Each participant will submit proof of his age (and, in the case of
his election of Option 2 or Option 3 pursuant to the provisions of Section 4.6
hereof, proof of the age of the joint pensioner selected by him) to the retire-
ment conmmittee at such time as required by the retirement committee. The
retirement committee will, if such proof of age is not submitted as required,
use as conclusive, evidence thereof, such information as is deemed by it to be
reliable, regardless of the source of such information. Any adjustment required
by reason of lack of proof or misstatement of the age of p~rsons entitled to
benefits hereunder, by the participant or otherwise, will be in such manner as
the retirement committee deems equitable.
Any notice or information which, according to the terms of the plan
or the rules of the retirement committee, must be filed with the retirement
committee shall be deemed so filed if addressed and either delivered in person
or mailed to the retirement committee, in care of City of Delray Beach, Delray
Beach, Florida·
Section 5.2 - BENEFICIARIES
Each participant may, on a form provided for that purpose, signed and
5-b
filed with the retirement committee, designate a beneficiary (or beneficiaries)
to receive the benefit, if any, which may be payable, in the event of his death,
pursuant to the provisions of Section 4.2, 4~3, 4.4, or 4.5 hereof, and each
designation may be revoked by such participant by signing and filing with the
retirement committee a new designation of beneficiary form. If a deceased
participant failed to name a beneficiary in the manner above prescribed or if
the beneficiary (or beneficiaries) named by a deceased participant predeceases
the participant, the death benefit, if any, which may be payable unde~ the plan
with respect to such deceased participant may be paid, in the discretion of the
retirement committee, either to (a) any one or more of the persons comprising
the group consisting of the participant's spouse, the participant's descendants,
the participant's parents, or the participant's heirs-at-law, and the retirement
committee m~y pay the entire benefit to any member of such group or apportion
such benefit among any two or more of them in such shares as the retirement
co~ttee, in its so~e discretion, shall determine, or (b) the estate of such
deceased participant; provided, however, that in any of such cases the retirement
committee, in its discretion, may direct that the commuted value of the remaining
monthly income payments be paid in a lump sum. Any payment made to any person
pursuant to the power and discretion conferred upon the retirement committee by
the provisions of this Section 5.2 shall operate as a complete discharge of all
obligations under the plan with respect to such deceasedparticipant and shall
not be subject to review by anyone but shall be final, binding and conclusive on
all persons ever interested hereunder.
Section 5.3 - CONTINGENT B~NEFICIARIES
In the event of the death of a beneficiary who survives the participant
and who, at the beneficiary's death, is receiving benefits under Sections 4.2, 4.3,
4.4, 4.5, or 4.6 hereof within the 10-year (or other) period with respect to which
5-C
death benefits are payable under the plan after the participant's death, the
same amount of monthly retirement income which the beneficiary was receiving
shall be payable for the remainder of such 10-year (or other) period to a
person designated by the participant to receive the remaining death benefits, if
any, payable in the event of such contingency or, if no person was so named,
then to a person designated by the beneficiary of the .deceased participant to~
receive the remaining death benefits, if any~ payable in the event of such
contingency; provided, however, that if no person so designated be living upon
the occurrence of such contingency, then the remaining death benefits, if any,
shall be payable for the remainder of such applicable 10-year (or other) period~
in the discretion of the retirement committee, either to (a) all or any one or
more of the persons comprising the group consisting of the participant's spouse~
the beneficiary's spouse, the participant's descendants, the beneficiary's
descendants~ the participant's parents, the beneficiary's parents, the partici-
pant's heirs-at-law~ or the beneficiary's heirs-at-law or (b) the estate of such
deceased beneficiary) provided further, that in any of such cases the retirement
co~ttee may~ in its discretion, direct that the commuted value of the monthly
retirement income payments due for the remainder of the applicable lO-year
(or other) period be paid in a lump sum. Any payments made to any person pursuant
to the power and discretion conferred upon the retirement committee by the pro-
visions of this Section 5-3 shall operate as a complete discharge of all obligations
under the plan with respect to such deceased beneficiary and shall not be subject
to review by anyone but shall be final, binding and conclusive on all persons
ever interested hereunder.
Section 5.4 - PARTICIPAnt'S RIGHTS IN TRUST FUND
No participant or other person shall have any interest in or any~right
in, to or under the trust fund, or any part of the assets thereof, except as and
5-d
to the extent expressly provided in the plan.
Section 5.5 - BENEFITS NOT ASSIGNABLE
No benefits, rights or accounts shall exist under the plan which are
subject in any manner to voluntary or involuntary anticipation, alienation, sale,
transfer, assignment, pledge, encumbrance or charge and any attempt so to anti-
cipate, alienate, transfer, assign, pledge, encumber or charge the same shall be
void; nor shall any such benefit, right or account be in any manner liable for
or subject to the debts, contracts, liabilities, engagements, torts or other
obligations of the person entitled to such benefit, right or account, except as
specifically provided in the plan; nor shall any benefiT, right or account under
the plan constitute an asset in case of the bankruptcy, receivership or divorce
of any person entitled under the plan.
If a participant or any other person entitled under the plan becomes
bankrupt or makes an assignment for the benefit of creditors or in any way suffers
a lien or judgment against his personal assets, or in any way attempts to
anticipate, alienate, sell, assign, pledge, encumber or charge a benefit, right
or account, except as specifically provided in the plan, then such benefit, right
or account in the discretion of the retirement committee may cease and terminate;
and in that event the trustee shall, at the direction of the retirement committee,
hold or apply fUnds equal in value to such terminated account in the interest of
such participant. This shall include not only distributions directly to the
participant at the retirement committee's discretion but to or for the benefit of
the participant's spouse, children or other dependents where the retirement
committee determines this to be necessary for the participant to discharge his
duty of support to such persons, the distribution to be in such manner and in
such proportion as the retirement committee shall determine. (See Section'5.6,
Subsections (B), (C), and (D) below for permissable methods of distribution.)
Section 5.6 - BENEFITS PAYABLE T0 ~NORS AS~ INCOMPETENTS
~enever any person entitled to payments under this plan shall be
a minor or under other legal disability or in the sole Judgment of the retire-
ment connnittee shall otherwise be unable to apply such payments to his own
best interest and advantage (as in the case of illness, whether mental or physical:
or where the person not under legal disability is unable to preserve his estate
for his own best interest), the retirement committee may in the exercise of its
discretion direct all or any portion of such payments to be made in ~ny one or
more of the following ways unless claim shall have beenmade therefor by an
existing and duly appointed guardian, conservator, committee or other duly
appointed legal representative, in which event payment shall be made to such
representative:
(A) Directly to such person unless such person shall be a minor or
shall have been legally adjudicated incompetent at the time of the payment;
(B) To the spouse~ child, parent or other blood relative to be expended
on behalf of the person entitled or on behalf of those dependents as to whom the
person entitled has the duty of support;
(C) To a recognized charity to be expended for the benefit of the
person entitled or for the benefit of those dependents as to whom the person
has the duty of support; or
(D) By the retirement committee itself receiving and expending or
directing the expenditure of the same for the benefit of the person entitled
or for the benefit of those dependents as to whom the person has the duty of
support.
The decision of the retirement committee will, in each case, be final
and binding upon all persons and, except in the case of (D) above, the retire-
ment committee shall not be obliged to see to the proper application or expenditure
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of any pa~ents so made. Any payment made pursuant to the power herein conferred
upon the retirement cormmittee shall operate as a complete discharge of the
obligations of the trustee and of the retirement committee.
Section 5.7 - CONDITIONS OF E~LOYMENT NOT AFFECTED BY PLAN
The establishment and maintenance of the plan will not be construed as
conferring any legal rights upon any participant to the continuation of his
employment with the City, nor will the plan interfere with the right of the City
to discipline, lay off or discharge any participant.
Section 5.8 - ABAHDONMENT OF BENEFITS
Each participant and other person entitled to benefits hereunder shall
file with the retirement conur~ttee from time to time, in writing, his post office
address and each change of post office address, and any check representing pay-
ment hereunder and any communication addressed to a participant, a former
participant, a beneficiary or a pensioner hereunder at his last address filed
with the retirement committee (or, if no such address has been filed, then at
his last address as indicated on the records of the City) shall be binding on
such person for all purposes of the plan, and neither the retirement committee
nor the trustee shall be obliged to search for or ascertain the location of any
such person.
If the retirement committee, for any reason, is in doubt as to whether
retirement income payments are being received by the person entitled thereto, it
shall, by registered mail addressed to the person concerned at his address last
known to the retirement committee, notify such person that:
(A) All unmailed and future retirement income payments shall be hence-
forth witb~eld until he provides the retirement committee with evidence of his
continued life and his proper mailing address; and
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(B) His right to a~ rctirement income whatsoever shall, at the
option of the retirement committee, be cancelled forever if, at the expiration
of three years from the date of such mailing, he shall not have provided the
retirement committee with evidence of his continued life and his proper mailing
address.
(C) Upon legal determination of death, or other evidence satisfactory
to the retirement committee, a participant's retirement income payable under any
provision of the plan will be paid to his designated beneficiary. If, however,
no designatedbeneficiary is recorded with the retirement committee, it will be
paid first to his spouse, if living, and if not, to his surviving children in
equal shares.
ARTICLE VI
ADmiNISTRATION
Section 6.1 - AD~%NISTRATION BY RETIREmeNT C0~ITTEE
The plan will be administered by the Retirement Committee (herein
referred to as the "retirement committee") appointed by the City Council of Del-
ray Beach, consisting of (a) a chairman and at least one but not more than
four additional members, (b) a single individual or (c) a corporate trustee.
%~ere the retirement committee consists of one or more individuals, each member
may, but need not, be an official or employee of the City, and each such member,
or the corporate trustee selected to act as the retirement committee, shall be
appointed by the City Council of Delray Beach to serve until his (or its) successor
shall be appointed in like manner, l~ere the retirement committee is a corporate
trustee which at the same time is serving as trustee of the plan, such corporate
trustee shall function separately in its two capacities insofar as the plan and
trust are concerned; as the retirement committee it may deal with itself as
trustee and as trustee it may deal with itself as the retirement committee, and
the records maintained by such corporate trustee for the purposes of the plan
and trust shall show clearly the capacity in which such corporate trustee is
acting in any action taken by it. An individual member of the retirement
co~ttee may resign by delivering his written resignation to the City Council of
Delray Beach and to the other members of the retirement committee. A corporate
trustee serving as the retirement committee may resign from such capacity by
delivering its written resignation to the City Council. The City Council at Del-
ray Beach may remove an individual member of the retirement commdttee by so
notifying the member and other retirement committee members, if any, in writing
and may remove a corporate trustee serving as the retirement con~mittee by so
notifying such corporate trustee in writing. ~ere the retirement comm~ttee
consists of one or more individuals, vacancies on the retirement committee shall
be filled by action of the City Council of D~lray Beach.
Section 6.2 - OFFICERS AND E~LOYEES OF RETIREI,~NT C0~MI~rEE
The retirement co~nittee may appoint a secretary who may, but need not,
be a member of the retirement committee. The City Council shall employ such
agents~ clerical and other services, legal counsel, accountants, and actuaries,
as may be required for the purpose of administering the plan.
Section 6.3 - ACTION BY RETIREMEI~ C0~TT~
%~here the retirement committee consists of one or more individuals~
a majority of the members of the retirement committee shall constitute a quorum
for the transaction of business and shall have full power to act hereunder, and
any corporate trustee serving as the retirement committee shall have full power
to act hereunder. Any written memorandum signed by the secretary or any member
of the retirement committee of one or more individuals who has been authorized
to act on behalf of the retirement committee shall have the same force and effect
as a formal resolution adopted in open meeting. Minutes of all meetings of the
retirement committee and a record of any action taken by the retirement committee
shall be kept in written form, and in the case of a retirement committee of
individuals~ such record shall be kept by the secretary appointed by the retire-
ment committee. The retirement committee shall give to the trustee, any order,
direction, consent, or advice, required under the terms of the trust agreement~
and the trustee shall be entitled to rely on any instrument delivered to it and
signed by the secretary or any authorized member of the retirement committee as
evidencing the action of the retirement committee.
Where the retirement committee consists of one or more individuals~
· 6-c
a member of the retirement committee may not vote or decide upon any matter
relating solely to himself or vote in any case in which his individual right
or claim to any benefit under the plan is particularly involved. If~ in any
case in which an individual retirement committee member~is so disqualified to
act, the remaining members cannot agree or if there is only one individual
member of the retirement committee~ the City Council of Delray Beach will appoint
a temporary substitute member to exercise all of the powers of a qualified
member concerning the matter in which the disqualified member is not 'qualified
to act.
Section 6.~ - RULES AND REGUI~TIONS OF RETIREMENT COMMITTEE
The retirement committee shall have the authority to make such rules
and regulations and to take such action as may be necessary to carry out the
provisions of the plan and will, subject to the provisions of the plan, decide
any questions arising in the administration, interpretation and application of
the plan, which decisions shall be conclusive and binding on all parties. The
retirement committee may delegate any part of its authority and duties as it
deems expedient.
Section 6.5 - POWERS OF RETl~REMENT COMMITTEE
In order to effectuate the purposes of the plan~ the retirement committee
shall have the power to construe the plan~ to supply any omissions therein, to
reconcile and correct any errors or inconsistencies, and to make equitable
adjustments for any mistakes or errors made in the administration of the plan,
and all such actions or determinations made by the retirement committee in good
faith shall not be subject to review by anyone.
Section 6.6 - LIABILITY OF RETIREMENT COMMITTEE
No member of the retirement committee shall be liable for any loss unless
resulting from his (or its) own fraud or willful misconduct~ and no member shall
. 6-d
be personally liable upon, or with respect to, any agreement, act, transaction
or omission executed, committed, or suffered to be committed by himself as a
member of the retirement committee or by any. other member, agent, representative
or employee of the retirement committee. The retirement committee and any
individual member of the retirement committee and any agent thereof shall be
fully protected in relying upon the advice of the following professional consult-
ants or advisors employed by the City Council: any attorney insofar as legal
matters are concerned, any accountant insofar as accounting matters are concerned,
and any actuary insofar as actuarial matters are concerned.
SectiOn 6.7 - ACTUARY
The actuary will do such technical and advisory work as the City Council
may request, including analysis of the experience of the plan from time to time~
the preparation of actuarial tables for the making of computations thereunder,
and the submission of an actuarial report as of the anniversary date of the plan
each year to the City and the retirement committee, which report shall contain
an actuarial valuation showing the financial condition of the plan~ a statement
of the contributions to be made by the City for the ensuing year, and such other
information as may be required by the retirement commdttee.
The actuary shall be appointed by the City Council to serve as long as
it is agreeable to the City Council and the actuary. In computing benefits to
which a participant may be entitled upon early retirement, upon the exercise of
optional forms of retirement income, or upon termination of the plan, and in ~]]
other instances in which actuarial computations are required, the actuary shall
use such assumptions of mortality and interest rates as were employed'in the
most recent actuarial valuation of the plan, or~ at the option of the retire-
ment committee, such assumptions as are decided upon jointly by the actuary and
the retirement committee as being reasonable at the time such calculations are
made. ~ne actuarial assumptions and the computations made therefrom adopted by
· 6-e
the retir~nent committee shall be conclusive and binding on all persons whomsoever.
Neither the retirement committee nor the City shall be liable for any mistakes
or errors in such computations made in good £aith~ and the trustee shall not be
liable for any such mistakes or errors in any event.
Section 6.8 - APPLICABLE LAW
The plan will be construed and enforced according to the laws of the
State of Florida, and all provisions of the plan will be administered according
to the laws of the said State.
· 7-a
ARTICLE VII
TRUST FUND AND TRUSTEE
Section 7.1 - TRUSTEE
The term "trustee" means the trustee appointed by the City to a~m~nister
the trust fund created for the purposes of the plan or such other trustee as the
City may designate from time to time.
Section 7.2 - PURPOSE OF TRUST FUND
A trust fund will be created and maintained for the purposes of the plan,
and the moneys thereof will be invested in accordance with the terms of the agree-
ment and declaration of trust which forms a part of the plan. Ali contributions
will be paid into the trust fund, and all benefits under the plan will be paid
from the trust fund.
Section 7.3 - BENEFITS SUPPORTED ONLY BY TRUST FUND
Any person having any claim under the plan will look solely to the
assets of the trust fund for satisfaction. In no event will the City or any
of its officials, employees, members of its City Council or agents be liable
in their individual capacities to any person whomsoever, under the provisions
of the plan or of the trust agreement.
Section 7.4 - TRUST FUND APPLICABLE ONLY TO PAY%~NT OF BENEFITS
The trust fund will be used and applied only in accordance with the
provisions of the plan, to provide the benefits thereof, and no part of the
corpus or income of the trust fund will be used for, or diverted to, purposes
other than for the exclusive benefit of participants and other persons there-
under entitled to benefits, except to the extent provided in Section 3.3 and
Section 7.5 hereof with respect to expenses of administration and termination
of the plan, respectively.
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Section 7.5 - TERMINATION OF PLAN AND DISTRIBUTION OF TRUST FUND
Upon termination of the plan for any reason, or upon written notice %0
the trustee that contributions thereunder are being permanently discontinued,
the trust fund shall be apportioned and distributed in 'accordance with the follow-
ing procedure:
(A) The retirement committee, under the direction of the City Council,
shall determine the date of distribution and the asset value to be distributed,
after taking into account the expenses of such distribution.
(B) The retirement committee, under the direction of the City Council,
shall determine the method of distribution of the asset value - that is, whether
distribution shall be by payment in cash, by the maintenance of another or
substituted trust fund, by the purchase of insured annuities, or in kind based
on the then market value - for each class of participants and other persons
entitled to benefits under the plan, as specified in (C) below,
(C) The retirement committee, under the direction of the City Council,
shall apportion the asset value as of the date of termination of the plan in
the manner set forth below, on the basis that the amount required to provide
any given retirement income shall mean the actuarially computed single-sum
value of such retirement income; except that, if the method of distribution
determined under (B) above involves the purchase of an insured annuity, the
amount required to provide the given retirement income shall mean the single
premium payable for such annuity.
(1) An amount equal to each participant's contributions less
the aggregate of any retirement income payments made with respect to such
participant will.be determined, and such amount will be apportioned from the
asset value. Such asset value, if insufficient to provide such amount in ·
full, will be apportioned among such participants 'in proportion to the amounts
determined with respect to them.
(2) If there be any asset value remaining after apportionment
under (1) above, apportionment shall next be made with respect to each re-
tired participant receiving a retirement income hereunder on such date, each
person receiving a retirement income on such date on account of a deceased
participant or a retired (but since deceased) participant and each partici-
pant who has, by such date, become eligible for normal retirement but has not
yet retired in the amount required to provide such retirement income'less any
apportionment in (1) above; provided, however, that if the asset value be
less than the aggregate of such amounts, such amounts shall be proportionately
reduced so that the aggregate of such reduced amounts will be equal to the
asset value.
(5) If there be any asset value remaining after the apportionment
under (1) and (2) above, apportionment shall next be made with respect to each
participant in the service of the City on such date who is not entitled to an
apportionment under (2) above but who has both attained the age of 55 years and
completed at least 15 years of credited service, in the amount required to provide
the actuarially equivalent single-sumvalue of his deferred retirement income
accrued to the date of termination of the plan, i.e., the actuarially equivalent
single-sum value of the retirement income which he would have been entitled to
receive had he retired early on the date of termination of the plan, less any
apportionment made in (1) above, and to each former participant then entitled
to a benefit under the provisions of Section h.5(A) hereof who has not, by such
date, reached his normal retirement date, in the amount required to provide the
actuarially equivalent single-sum value of the accrued deferred retirement income
to which he is entitled under Section ~.5(A) hereof less any apportionment.made
in (1) above; provided, however, that if such remaining asset value be less
7-d
than the aggregate of the amounts thus apportioned hereunder, such latter
amounts shall be proportionately reduced so.that the aggregate of such re-
duced amounts will be equal to the remaining asset value.
(~) If there be any asset value remaining after the apportionments
under (1), (2), and (B) above, apportionment shall lastly be made with respect
to each participant in the service of the City on such date who is not entitled
to an apportionment under (2) or (B) above, in the amount required to provide
the actuarially equivalent single-sum value of his deferred retirement income
accrued to the date of termination of the plan, less any apportionment made in
(1) above; provided, however, that if such remaining asset value be less than
the aggregate of the amounts apportioned hereunder, such latter amounts shall
be proportionately reduced so that the aggregate of such reduced amounts will
be equal to such remainin~ asset value.
(5) In the event that there be asset value remaining after the
full apportionments specified in (1), (2), (B), and (~) above, such excess
shall be returned to the City.
(D) The retirement committee, under the direction of the City Council,
shall direct the trustee to distribute, in accordance with the manner of distri-
bution determined under (B) above, the amounts apportioned under (C) above.
Section 7.6 - BENEFITS 100% VESTED IF PLAN IS TERMINATED OR CONTRIBUTIONS PERMANENTLY DISCOntINUED
In the event that the plan is terminated or contributions to the trust
are permanently discontinued, the benefits of each participant in the plan on
such date of termination or discontinuance shall be 100$ vested to the extent
then funded, where such vested benefits shall be determined and distributed as
provided in Section 7.5 hereof.
PASSED AND ADOPTED THIS 14 DAY OF December , A.D. 1970;
to be effective January 1, 1971.
CITY OF DELRAY BEACH
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney