Gogebic County Employees Retirement Ordinance as Amended and Restated and Approved by the County Board of Commissioners

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1 Gogebic County Employees Retirement Ordinance as Amended and Restated and Approved by the County Board of Commissioners Article I Retirement System Continued Revised: Continuation of System Section 1. The Gogebic County Employees Retirement System created and established effective June 1, 1946 is hereby continued (the Retirement System ) and is hereby restated as of _August 29,_2013. Short Title Section 2. This ordinance shall be officially known and may be referred to as the Gogebic County Employees Retirement Ordinance (the Ordinance ). Definitions Article II Definitions Throughout this Ordinance, the masculine gender shall include the feminine gender, and words of the plural number in relation to persons shall include the singular number, and vice versa. The following words and phrases as used in this Ordinance, unless a different meaning is clearly indicated by the context, shall have the following meanings: Section 1. Accumulated Contributions means the sum of all amounts deducted from the Compensation of a Member and credited to his individual account in the Employees Savings Fund, together with Regular Interest thereon. Section 2. Beneficiary means any person, except a Retirant, who is in receipt of, or who has entitlement to, a Retirement Allowance, or other benefit, payable by the Retirement System. Section 3. Code means the Internal Revenue Code of 1986, as amended. 1

2 Section 4. Compensation means a Member s salary or wages paid by the County for personal services rendered by him to the County. In case a Member s compensation is not all paid in cash, the Retirement Commission shall determine the value of the portion of his Compensation which is not paid in cash. In addition to other applicable limitations set forth in the Retirement System, and notwithstanding any other provision of the Retirement System to the contrary, for Retirement System fiscal years beginning on or after January 1, 1994, the annual compensation of each member taken into account under the Retirement System shall not exceed the OBRA 93 annual compensation limit, as adjusted by the Commission of the Internal Revenue Service for increases in the cost of living in accordance with Code Section 401(a)(17)(B). Section 5. County means the County of Gogebic and its boards and departments and shall include the Gogebic County Road Commission. Further, for purposes of this retirement ordinance only, reference to County shall be deemed to include the Community Mental Health Authority established pursuant to section 205(8) of the Michigan Mental Health Code, Public Act 258 of 1974, as amended by Public Act 152 of 1996 (MCL et seq.), except as specifically provided herein. Notwithstanding the foregoing, employees of the Community Mental Health Authority are not employees of Gogebic County and the Community Mental Health Authority is the employer with regard to all applicable laws. (Section 5 approved by the County Board of Commissioners on May 22, 2002). Section 6. County Pension means an annual amount, derived from money provided by the County, payable throughout the future life of a person or for a temporary period as provided in this Ordinance. All County Pensions shall be paid in equal monthly installments. Section 7. County Pension Accumulation Fund means the accumulated reserves for payment of County Pensions as described in Article VII, Section 2. Section 8. County Pension Reserve means the present value of all payments to be made on account of any County Pension, and shall be computed upon the basis of such mortality and other tables of experience, and Regular Interest, as the Retirement Commission shall from time to time adopt. Section 9. Credited Service means the number of years and months of service credited to a Member as provided in this Ordinance. Section 10. Employee means any person who receives from Gogebic County or its several offices, boards, commissions, or departments, including the Gogebic County Road Commission, more than 50 percent of all his remuneration for personal Services rendered to all government units. The term Employee shall not include any of the following: 2

3 (a) Any person who is engaged for special services on a contract or fee basis; (b) The Medical Director; (c) Any person employed on a temporary basis; (d) Any person employed in a position normally requiring less than 700 hours of work per year. (Sec. 4 (a), (b), (c) & (d) approved by County Board of Commissioners 10/9/73); (e) Any person employed by (who is receiving remuneration for personal service rendered for) Grand View Hospital, a non-profit corporation organized and existing under the laws of the State of Michigan, or its successor or successors; (f) Any employees of the former Manpower Division as of June 30, Section 11. Employee Pension means an annual amount, derived from a Member s Accumulated Contributions, payable throughout the future life of a person. All Employee Pensions shall be paid in equal monthly installments. Section 12. Employee Pension Reserve means the present value of all payments to be made on account of any Employee Pension, and shall be computed upon the basis of such mortality table, and Regular Interest, as the Commission shall from time to time adopt. Section 13. Employees Savings Fund means the fund designated for Members Accumulated Contributions, as described in Article VII, Section 2. Section 14. Expense Fund means the fund from which Retirement System administrative expenses are paid, as described in Article VII, Section 5. Section 15. (a) Final Average Compensation for full-time Member, unless specified differently on the applicable attached Appendix, or contained within the Member s applicable collective bargaining agreement means the average of the highest annual compensations received by a Member for a period of 3 consecutive years of his Credited Service contained within his 10 years of Credited Service immediately preceding the date he last separates from County employment. If he has less than 3 years of Credited Service, his Final Average Compensation shall be the average of his annual Compensation for his total period of Service. 3

4 (b) Final Average Compensation for a part-time Member, unless specified differently on the applicable attached Appendix, or contained within the Member s applicable collective bargaining agreement means 2,080 times a fraction whose numerator is the highest total Compensation received by a Member for a period of 3 consecutive years of his Credited Service contained within his 10 years of Credited Service immediately preceding the date he last separates from County employment and whose denominator is the number of hours worked in the same 3 consecutive year period. If he has less than 5 years of Credited Service, the numerator of the fraction shall be the total Compensation received by him during his total period of Service, and the denominator of the fraction shall be the total number of hours worked during this total period of Credited Service. (Sec. 11 (a) & (b) approved by County Board of Commissioners 10/9/73). Section 16. Income Fund means the fund that is credited with dividends, interest and other income as described in Article VII. Section 5.1. Section 17. Member means any person who is included in the membership of the Retirement System. Section 18. Normal Retirement Age for a Member means the age at which he acquires at least 30 years of Credited Service, but not younger than age 55 years or the age at which he acquires at least 8 years of Credited Service, but not younger than age 60 years, unless otherwise stated in the Member s applicable collective bargaining agreement. Section 19. Regular Interest means such rate or rates of interest per annum, compounded annually, as the Commission shall from time to time adopt. Section 20. Retirant means any Member who retires with a Retirement Allowance payable by the Retirement System. Section 21. Retirement means a Member s withdrawal from County employment with a Retirement Allowance payable by the Retirement System. Section 22. Retirement Allowance means the sum of the Employee Pension and County Pension payable to a Retirant or Beneficiary. Section 23. Retirement Commission or Commission means the Retirement Commission of the Gogebic County Employees Retirement System. Section 24. Retirement Reserve Fund means the fund from which Employees Pensions and County Pensions are paid, as described in Article VII, Section 3. Section 25. Retirement System or System means the Gogebic County Employees Retirement System continued by this Ordinance. 4

5 Section 26. Service means personal service rendered to the County by an Employee of the County. Section 27. Worker s Compensation Period means the period a person is in receipt of Workers Compensation on account of a Member s disability or death arising out of an in the course of his County employment. If the person is paid a single sum in lieu of future weekly Workers Compensation, his Workers Compensation Period shall be the period, if any, he was in receipt of weekly Workers Compensation plus the period arrived at by dividing the said single sum by his weekly Workers Compensation award. Administration of System Article III Administration Section 1. The general administration, management and responsibility for the operation of the Retirement System, and for construing and making effective the provisions of this Ordinance are vested in the Retirement Commission. Commission Membership Section 2. The Retirement Commission shall consist of 5 Commissioners as follows: (a) Ex-Officio Commissioners: The chairman of the County Board of Commissioners; the Chairman of the finance committee of the County Board of Commissioners; and the County Treasurer. (b) Employee Commissioners: Two Members of the Retirement System to be elected by the Members of the System under such rules and regulations as the Commission shall from time to time adopt. No more than one such Commissioner shall be from any one County department. Section 3. Repealed. Section 4. Repealed. Employee Commissioners Term of Office Section 5. The term of office of an Employee Commissioner shall be 2 years, 1 such term to expire December 31 of each year. 5

6 Filling Commission Vacancy Section 6. If a vacancy occurs in the office of Commissioner, through separation from County employment or for other reasons, the vacancy shall be filled, within 90 days from and after the date of the vacancy, for the unexpired portion of the term, in the same manner as the office was previously filled. Commissioner s Oath of Office Section 7. Each Commissioner shall, before assuming the duties of Commissioner, qualify by taking an oath of office to be administered by the County Clerk. Meetings of Commission Section 8. (a) The Commission shall hold meetings at least quarterly. Special meetings shall be held on call of the chairman or on written request of 2 Commissioners. Three Commissioners shall constitute a quorum at any meeting of the Commission. (b) Each Commissioner shall be entitled to 1 vote on each question before the Commission. At least 3 concurring votes shall be necessary for a decision by the Commissioners. (c) The Commission shall adopt its own rules of procedure, including provisions as to notice of time, place and purpose of meetings, and shall keep a record of its proceedings. All meetings of the Commission shall be public. (d) Employee Commissioners shall serve without additional Compensation for their services as Commissioners. Officers of System Section 9. (a) The Commission shall elect from its own number a chairman and a vice-chairman. (b) The County Treasurer shall serve as secretary to the Commission and shall be the administrative officer of the Retirement System. The Treasurer s compensation for services rendered the System shall be fixed by the Commission. 6

7 (c) The County Treasurer shall be treasurer of the Retirement System and the custodian of its assets. All payments from money of the System shall be made by use of County warrants in the regular manner, only upon vouchers signed by 2 persons designated by the Commission. A duly attested copy of a resolution designating such persons and bearing upon its face specimen signatures of such persons shall be filed with the County Treasurer as his authority for making payments upon such vouchers. No voucher shall be drawn unless it shall have been previously authorized by a specific or continuing resolution adopted by the Commission. (d) The Commission shall have the right to retain independent legal counsel who shall be directly responsible to and shall serve at the pleasure of the Commission. (e) The Commission shall appoint an actuary who shall be its technical advisor on matters regarding the operation of the Retirement System. He shall perform such other duties as are required of him under this Ordinance. He shall be directly responsible to and shall serve at the pleasure of the Commission. (f) The Commission shall appoint as Medical Director a physician who is not eligible for Membership in the Retirement System. He shall be responsible to and shall serve at the pleasure of the Commission. He shall arrange for and pass upon all medical examinations required under this Ordinance. He shall investigate all essential statements and certificates of a medical nature in connection with a claim for disability or duty death benefits; and he shall report in writing to the Commission his conclusions on medical matters referred to him by the Commission. (g) The Commission may employ such professional and other services as are required for the proper operation of the Retirement System. Compensation for such services and the services of the actuary and medical director shall be determined by the Commission. Records of System; Fiscal Year; Reports Section 10. (a) The secretary shall keep, or cause to be kept, such data as shall be necessary for an actuarial valuation of the assets and liabilities of the Retirement System and for checking and compiling the experience of the System. 31. (b) The fiscal year of the Retirement System shall be the year ending December (c) The Commission shall annually render a report to the Board of Commissioners showing the fiscal transactions of the Retirement System for the year ended the preceding December 31, and a balance sheet showing the financial condition of the System by means of an actuarial valuation of its assets and liabilities. (d) The Commission shall also complete and file a Summary Annual Report as required by state law. 7

8 Adoption of Experience Tables; Regular Interest Section 11. The Commission has adopted the 1971 Group Annuity Mortality Table, projected to the year 1984 using Scale D, setback 0 years for males and 7 years for females for purposes of regular valuation mortality. The Regular Interest Rate is 7.0%. For the purposes of computing a Retirant s election options, the interest rate is 6.0%, and the applicable mortality table is the 1971 Group Annuity Mortality Table, setback 0 years for males and 5 years for females. Section 12. Plan Amendments. The County Board of Commissioners, the Community Mental Health Authority, the Gogebic County Medical Care Facility, the Western U.P. Manpower Consortium and the Gogebic County Road Commission shall be vested with the authority for the establishment of benefits provided in this Retirement Ordinance for their respective employees. The Community Mental Health Authority, the Gogebic County Medical Care Facility, the Western U.P. Manpower Consortium and the Gogebic County Road Commission shall provide for said benefits by a duly adopted resolution of their respective governing body. (Section 12 approved by the County Board of Commissioners 5/22/02). Membership of System Article IV Membership Section 1. The Membership of the Retirement System shall consist of: (a) All persons who are Employees of the County, as defined in Section 10 of Article II, shall be Members of the Retirement System, except as otherwise provided in this Ordinance. (b) All persons who become Employees of the County, as defined in Section 10 of Article II, shall thereupon become Members of the Retirement System, except as otherwise provided in this Ordinance. (c) In all cases of doubt, the Commission shall decide who is a Member within the meaning of this Ordinance. 8

9 Deferred Retirement Allowance Section 2. Should any Member, who has at least 8 years of Credited Service, leave the employ of the County, for any reason except his Retirement or death, he shall be entitled to a Retirement Allowance provided in Article VI, Section 2, as the Section was in effect at the time he left County employment. His Retirement Allowance shall begin the first day of the calendar month next following the month in which he files his application for same with the Commission on or after the date he would have attained his Normal Retirement Age had he not left County employment. In the event he withdraws his Accumulated Contributions from the Employees Savings Fund, he shall thereupon forfeit his right to a deferred Retirement Allowance provided in this Section. In no case shall he receive service credit for the period of his absence from County employment, except as is specifically provided in this Ordinance. During the period of his absence from County employment his balance, if any, in the Employees Savings Fund shall be accumulated at Regular Interest. Membership Ceases. Section 3. Except as otherwise provided in this Ordinance, should any Member no longer be employed by the County, for any reason except his Retirement or death, he shall thereupon cease to be a Member and his Credited Service at that time shall be forfeited by him. In the event he is re-employed by the County he shall thereupon again become a Member if he did not withdraw his Accumulated Contributions. In the event he is re-employed by the County and had withdrawn his Accumulated Contributions, he shall become a Member at the expiration of 3 months from and after the date of his return to County employment, if at that time he is in the employ of the County. Should reemployment occur within a period of 5 years from and after the date he last left County employment, his Credited Service last forfeited by him shall be restored to his credit, provided he returns to the Employees Savings Fund the amount, if any, he withdrew therefrom, together with Regular Interest from the date of withdrawal to the date of repayment. Upon his death or Retirement he shall thereupon cease to be a Member. Credited Service Article V Service Credit Section 1. The Commission shall fix and determine by appropriate rules and regulations the amount of Service to be credited to any Member, but in no case shall less than 10 days of Service rendered in any calendar month be credited as a month of Service, nor shall less than 10 months of Service rendered in any calendar year be credited as a year of Service, nor shall more than 1 year of Service be credited to any Member for all Service rendered by him in any calendar year. 9

10 Military Service Credit Section 2. (a) Any Employee who, while employed by the County, was called to or entered any armed service of the United States, or any Member who is called to or enters any armed service of the United States, and who has been or shall be on active duty in such armed service during time of war or other period of compulsory military service, shall have such armed service actually required of him credited herein as County service in the same manner as if he had served the County uninterruptedly; provided that: (1) he is re-employed by the County within 1 year from and after termination of such armed service actually required of him, (2) he returns to the Employees Savings Fund the amount, if any, he withdrew therefrom at the time he entered or while in such armed service, together with Regular Interest from the date of withdrawal to the date of repayment, and (3) in no case shall more than 5 years of County Service be credited to any Member for all such armed service rendered by him. In any case of doubt as to the period to be so credited to any Member, the Commission shall have the final power to determine such period. During the period of such armed service and until his reemployment by the County, his contributions to the Retirement System shall be suspended and the balance, if any, standing to his credit in the Employees Savings Fund shall be accumulated at Regular Interest. (b) A Member who enters or entered any armed service of the United States may purchase Credited Service for periods of continuous active duty of at least 30 days, subject to the following conditions: (1) The purchase is authorized by a majority vote of the Gogebic County Board of Commissioners. (2) The Member is vested under the System without regard to any Service purchased under this paragraph or the preceding paragraph. (3) (i) The Member deposits with the System an amount equal to 7% of the Member s Annual Compensation multiplied by the period of Credited Service being purchased. The term Annual Compensation means the total amount paid to the Member during the four most recent calendar quarters in which the Member was credited with 3/12 of a year of Credited Service. (ii) The Member may deposit with the Retirement System the amount required in subsection (2)(i) prior to the attainment of 8 years of Service Credit, subject to the following conditions: (a) Service will not be credited until the Member attains 8 years of Service Credit. (b) Amounts deposited will be credited to the Employee Savings Fund, but will not be credited with Regular Interest, until such time as the Member attains 8 years of Service Credit. 10

11 (c) Amounts deposited for the purchase of Service Credit hereunder shall not be subject to refund or withdrawal; however, should any Member terminate service for any reason except retirement or death, those amounts deposited towards the purchase of Service Credit may be returned to the Member or the designated representative, without interest. (Section 2(b) (3)(i) and (ii) approved by the County Board of Commissioners on February 25, 2004). (4) The armed service credited to a Member under this paragraph shall not exceed the lesser of 5 years or the difference between 5 years and the amount of armed service credited to the Member under the preceding paragraph. Fractional months of armed service shall not be recognized under this paragraph. (5) Credited Service shall not be granted for periods of armed service that are or could be used to obtain or increase a benefit from another retirement system. (6) The Gogebic County Board of Commissioners shall establish a written policy to implement the procedures described in this paragraph. (7) The Retirement System will accept for the purchase of Service Credit: (1) an eligible rollover distribution; (2) a participant rollover contributions of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income; and, (3) a direct rollover of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the Code (including after-tax employee contributions); an annuity contract described in section 403(b) of the Code, excluding after tax employee contributions; and an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state or any agency or instrumentality of a state or political subdivision of a state. The Retirement System shall provide a separate accounting of any after-tax contributions received, and earnings thereon. (Section 2(b)(7) approved by the County Board of Commissioners on February 25, 2004). Members Service Credits Section 4. Subject to the provisions of this Ordinance, and to such rules and regulations as the Commission shall from time to time adopt, the Commission shall credit each Member with the number of years and months of Service to which he is entitled. Government Service Credit Section 5. A Member shall receive credit for up to five years of employment with the United States government (other than military service), a state, or any political subdivision of a state, under the following conditions: 11

12 (a) The Member was employed by the County within 5 years of the Member s separation from the Service of the last government unit for which the Member worked. (Section 5 (a) approved by the County Board of Commissioners on February 25, 2004). (b) In order to purchase government Service credits under this Section 5, a Member must have at least 8 years of Service credits under this Retirement System. (c) A Member may not purchase more than 5 years of government Service credits under this section. For purposes of this section, Government Service means the period of employment time with the United States government (other than military service), a state or any political subdivision of a state (other than the County) on which a pension calculation was determined by the former government employer. (Section 5(c) approved by the County Board of Commissioners on February 25, 2004). (d) (1) The Member deposits with this Retirement System an amount equal to the contributions that the Member would have made had such Service been rendered to the County under this System, plus Regular Interest on such amounts from the date such contributions would have been made to the date of deposit, plus the contributions that the County would have made had such Service been rendered to the County under this System. (2) The Member may deposit with the Retirement System the amount required in subsection (d)(1) prior to attainment of 8 years of Service Credit, subject to the following conditions: (i) (ii) Service will not be credited until the Member attains 8 years of Service Credit. Amounts deposited will be credited to the Employees Savings Fund, but will not be credited with Regular Interest, until such time as the Member attains 8 years of Service Credit. (iii) Amounts deposited for the purchase of Service Credit hereunder shall not be subject to refund or withdrawal; however, should any Member terminate service for any reason except retirement or death, those amounts deposited towards the purchase of Service Credit may be returned to the Member or the designated representative, without interest. (Section 5 (d)(1) and (2) (i)(ii) and (iii) approved by the County Board on February 25, 2004). (e) Service will not be credited under this Retirement System if such Service is also credited under the retirement benefit plan of another governmental unit from which the Member retired, unless the Member irrevocably forfeits the right to such other retirement benefits. 12

13 (f) The Gogebic County Board of Commissioners approves the crediting of such Service by not less than a 3/5 vote. (g) The Retirement System will accept for the purchase of Service Credit: (1) an eligible rollover distribution; (2) a participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income; and, (3) a direct rollover of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the Code (including after-tax employee contributions); an annuity contract described in Section 403(b) of the Code, excluding after tax employee contributions; and an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The Retirement System shall provide a separate accounting for any after-tax contributions received and earnings thereon. (Section 5(g) approved by the County Board of Commissioners on February 25, 2004). Normal Retirement Article VI Retirement and Benefits Section 1. (a) Any Member may retire at any time after he has attained his Normal Retirement Age upon his written application to the Commission setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired. (b) Upon termination of his County employment, as provided in this section, a Member who has attained his Normal Retirement Age, shall be retired with a Retirement Allowance provided in Section 2 of this Article. Retirement Allowance Section 2. (a) Upon his Retirement, as provided in this Ordinance, a Member shall receive a straight life Retirement Allowance, and he may elect to receive his Retirement Allowance under an option provided in Section 4 of this Article in lieu of a straight life Retirement Allowance. His straight life Retirement Allowance shall consist of: (1) An Employee Pension which shall be the actuarial equivalent of his Accumulated Contributions standing to his credit in the Employees Savings Fund at the time of his Retirement; and 13

14 (2) Unless specified differently on the applicable attached Appendix, a County Pension which when added to his Employee Pension will provide a Retirement Allowance equal to the number of years, and fraction of a year, of his Credited Service multiplied by 1.6 percent of the portion of his Final Average Compensation. His County Pension shall not exceed 75 percent of his Final Average Compensation. (b) According to such rules and regulations as the Commission may from time to time adopt, any Member who retires prior to his attainment of age 65 years may elect to have his Retirement Allowance actuarially equated to provide an increased Retirement Allowance payable until his attainment of age 65 years and a reduced Retirement Allowance payable thereafter. His increased Retirement Allowance payable to his attainment of age 65 years shall approximate the sum of his reduced Retirement Allowance payable after his attainment of age 65 years and his estimated social security primary insurance amount. This subsection shall not apply to a Member who retires on account of disability or who elects an option provided in Section 4 of this Article. (c) The Boards of the General Fund, Department of Social Services, Road Commission, Medical Care Facility, Manpower and the Community Mental Health Authority may, from time to time, provide benefit increases to present Retirants. Terminal Payments Section 3. Should a Retirant die before the aggregate amount of Retirement Allowance payments received by him equals his Accumulated Contributions at the time of his Retirement, the difference between said Accumulated Contributions and the said aggregate amount of Retirement Allowance payments received by him shall be paid to such person or persons as he shall have nominated by written designation duly executed and filed with the Commission. In the event there be no such designated person surviving the Retirant, such difference, if any, shall be paid to the Retirant s legal representative. No benefits shall be paid under this section on account of the death of the Retirant if he had elected an option provided in Section 4 of this Article. 14

15 Retirement Allowance Options Section 4. (a) Prior to the date of his Retirement, but not thereafter, a Member may elect to receive his Retirement Allowance as a straight life Retirement Allowance payable throughout his life; or he may elect to receive the actuarial equivalent, computed as of the date of his Retirement, of his straight life Retirement Allowance in a reduced Retirement Allowance payable throughout his life, and nominate a Beneficiary, in accordance with the provisions of option 1, 2, 3 or 4 set forth below. Notwithstanding the foregoing, the Member s spouse or person having an insurable interest in the Member at the time his Retirement Allowance election is submitted must execute a written statement that the spouse or person having an insurable interest in the Member approves the Participant s Retirement Allowance payment option and understands the consequences of such election. If a Member does not have an option election in force at the date of his Retirement, and the Member is not married at such time, his Retirement Allowance shall be paid as a straight life Retirement Allowance. Option 1. Cash Refund Employee Pension: Under option 1, if a Retirant dies before he has received in Employee Pension payments an aggregate amount equal to his Accumulated Contributions standing to his credit in the Employees Savings Fund at the time of his Retirement, the difference between his said Accumulated Contributions and the said aggregate amount of Employee Pension payments received by him, shall be paid from the Retirement Reserve Fund to such person or persons as he shall have nominated by written designation duly executed and filed with the Commission. If there be no such designated person surviving the Retirant such difference, if any, shall be paid to the Retirant s legal representative; or Option % Survivor Allowance: Under Option 2, upon the death of a Retirant, his reduced Retirement Allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Commission prior to the date of his Retirement; or Option 3. 50% Survivor Allowance: Under Option 3, upon the death of a Retirant, one-half of his reduced Retirement Allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall having nominated by written designation duly executed and filed with the Commission prior to the date of his Retirement; or 15

16 Option 4. Ten Years Certain and Life Thereafter: Under Option 4, a Retirant shall receive a reduced Retirement Allowance payable throughout his life with the provision that if he dies before he has received 120 monthly Retirement Allowance payments, the payments shall be continued for the remainder of the period of 120 months to such person or persons, in equal shares, as the Retirant shall have nominated by written designation duly executed and filed with the Commission. If no such designated person survives the Retirant, such remaining monthly Retirement Allowance payments shall be paid to the Retirant s estate. Option 5. Five Years Certain and Life Thereafter: Under Option 5, a Retirant who retired from employment with the Gogebic County Community Mental Health Authority shall receive a reduced Retirement Allowance payable throughout his life with the provision that if he dies before he has received 60 monthly Retirement Allowance payments, the payments shall be continued for the remainder of the period of 60 months to such person or persons, in equal shares, as the Retirant shall have nominated by written designation duly executed and filed with the Commission. If no such designated person survives the Retirant, such remaining monthly Retirement Allowance payments shall be paid to the Retirant s estate; or Option 6. 75% Survivor Allowance: Under Option 6, upon the death of a Retirant who retired from employment with the Gogebic County Community Mental Health Authority, seventy-five percent of his reduced Retirement Allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Commission prior to the date of his Retirement; or Option % Survivor Allowance with Pop-Up: Under Option 7, upon the death of a Retirant who retired from employment with the Gogebic County Community Mental Health Authority, his reduced Retirement Allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Commission prior to the date of his Retirement. In the event the beneficiary predeceases the Retirant, the monthly Retirement Allowance payments paid to the Retirant would revert to the straight life Retirement Allowance. The cost of the pop-up portion of this option shall be paid through actuarial adjustments to the benefit amount; or 16

17 Option 8. 75% Survivor Allowance with Pop-Up: Under Option 8, upon the death of a Retirant who retired from employment with the Gogebic County Community Mental Health Authority, seventy-five percent of his reduced Retirement Allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Commission prior to the date of his Retirement. In the event the beneficiary predeceases the Retirant, the monthly Retirement Allowance payments paid to the Retirant would revert to the straight life Retirement Allowance. The cost of the pop-up portion of this option shall be paid through actuarial adjustments to the benefit amount; or Option 9. 50% Survivor Allowance with Pop-Up: Under Option 9, upon the death of a Retirant who retired from employment with the Gogebic County Community Mental Health Authority, one-half of his reduced Retirement Allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Commission prior to the date of his Retirement. In the event the beneficiary predeceases the Retirant, the monthly Retirement Allowance payments paid to the Retirant would revert to the straight life Retirement Allowance. The cost of the pop-up portion of this option shall be paid through actuarial adjustments to the benefit amount; or Option 10. Annuity Withdrawal: Under Option 10, a Retirant who retired from employment with the Gogebic County Community Mental Health Authority shall receive his accumulated contributions in the form of a lump sum and a reduced monthly Retirement Allowance, reduced to reflect the actuarial present value of the withdrawn lump sum amount, payable throughout his life. Benefits shall be computed by the Retirement System s actuary so that such an election does not result in any net increase in Retirement System benefits or costs. The computed actuarial reduction shall be based upon the mortality table used with other option elections as adopted by the Retirement Commission and an interest assumption using the then current interest rate as adopted by the Retirement Commission. (Options 5, 6, 7, 8, 9 and 10 adopted by the Community Mental Health Authority on January 27, 2004). (b) If any benefits become payable under Section 10 of this Article on account of the death of a Retirant who was receiving a Retirement Allowance under Option 2, 3 or 4, provided in subsection (a) of this Section, no Retirement Allowance shall be paid under the said Option 2, 3 or 4 to his designated beneficiary. If the Retirant dies before he has received in Retirement Allowance payments an aggregate amount equal to his Accumulated Contributions standing to his credit in the Employees Savings Fund at the time of his Retirement, the difference between his said Accumulated Contributions and the said aggregate amount of Retirement Allowance payments received by him shall be paid from the Retirement Reserve Fund to the said designated beneficiary, if living, otherwise to the Retirant s estate. 17

18 (c) If a Retirant, who elected option 2 or 3, provided in subsection (a) of this Section and his beneficiary both die before the total of the Retirement Allowance payments received by them equals the amount of the Accumulated Contributions standing to the Retirant s credit in the Employees Savings Fund at the time of his Retirement, the difference between his said Accumulated Contributions and the said total amount of Retirement Allowance payments received, shall be paid to the estate of the survivor of the Retirant and his beneficiary. Ordinary Death Benefits Section 5. (a) Any Member who continues in the employ of the County after his Normal Retirement Age, may, prior to the date of his Retirement, elect option 2 provided in Section 4 of this Article, in the same manner as if he were then retiring from County employment, and nominate a beneficiary. Prior to the date of his Retirement, the Member may revoke his election of option 2 and nomination of beneficiary and he may again, prior to the date of his Retirement, elect the said option 2 and nominate a beneficiary as provided in this subsection. Upon the death of a Member who has an option 2 election in force, his beneficiary, if living, shall immediately receive a Retirement Allowance computed in the same manner as if the Member had retired the day preceding the date of his death. If a Member has an option 2 election in force at the time of his Retirement, his election of option 2 and nomination of beneficiary shall thereafter continue in force. Prior to the date of his Retirement, he may elect to receive his Retirement Allowance as a straight life Retirement Allowance or under another option provided in Section 4 of his Article. No benefits shall be paid under this subsection on account of the death of a Member if any benefits are paid or payable under Section 10 of this Article on account of his death. (b) Any Member who continues in the employ of the County after his Normal Retirement Age, and does not have an Option 2 election in force as provided in subsection (a) of this Section, and (1) dies while in County employment, and (2) leaves a widow or widower, shall immediately receive a Retirement Allowance computed in the same manner as if the Member had (1) retired the day preceding the date of his death, (2) elected Option 2 provided in Section 4 of this Article, and (3) nominated his widow or widower as beneficiary. No benefits shall be paid under this subsection on account of the death of a Member if any benefits are paid or payable under Section 10 of this Article on account of his death. (Section (a) & (b) approved by County Board of Commissioners 6/18/86). 18

19 Disability Incurred Credited Service 10 or More Years Section 6. Upon the application of a Member, or his department head, a Member who (1) has 10 or more years of Credited Service, and (2) becomes totally and permanently physically or mentally disabled for duty in the employ of the County, may be retired by the Commission; provided that after a medical examination of the Member, made by or under the direction of the medical director, the medical director certifies to the Commission (1) that the Member is mentally or physically totally disabled for duty in the employ of he County, (2) that such disability will probably be permanent, and (3) that the Member should be retired. Disability Incurred Credited Service Less Than 10 Years Section 7. The service requirement contained in Section 6 of this Article shall be waived for any Member who becomes mentally or physically totally and permanently disabled for duty in the employ of the County if the Commission finds that (1) his disability was out of and in the course of his actual performance of duty in the employ of the County, and (2) he is granted Workers Compensation on account of his disability. Disability Retirement Allowance Section 8. Upon a Member s Retirement on account of disability, as provided in this Ordinance, he shall received a disability Retirement Allowance computed according to Section 2 of this Article. His Retirement Allowance payable until his attainment of age 60 years, if he retired prior thereto, shall not be less than 15 percent of his Final Average Compensation, and shall be subject to Section 11 of this Article. From and after his attainment of age 60 years, his Retirement Allowance shall not be less than 10 percent of the first $4200 of his Final Average Compensation, plus 15 percent of the portion, if any, of his Final Average Compensation which is in excess of $4200. Upon his Retirement, he may elect to receive his Retirement Allowance under an option provided in Section 4 of this Article in lieu of a straight life Retirement Allowance. Disability Retirement Allowance Re-Computed Section 9. Upon termination of his Workers Compensation Period or at his attainment of age 65 years, whichever occurs first, a disability Retirant shall be given Service credit for the period he was in receipt of a disability Retirement Allowance, but in no case shall such additional Service credit include any period beyond his attainment of age 65 years. His disability Retirement Allowance provided in Section 8 of this Article shall be recomputed to include such additional Service credit. In no case shall his re-computed disability Retirement Allowance payable to his attainment of age 60 years be less than the amount of his weekly Workers Compensation award converted to an annual basis. 19

20 Duty Death Benefits Section 10. (a) In the event (1) a Member dies as the result of a personal injury or disease arising out of and in the course of his employment by the County, or (2) a disability Retirant dies within a period of 3 years following his disability Retirement as the result of the same injury or diseases for which he was retired, and in either case his death, injury or disease resulting in death, be found by the Commission to have occurred as the natural and proximate result of causes arising out of and in the course of his actual performance of duty in the employ of the County, the applicable benefits hereinafter provided in this subsection shall be paid, subject to the condition that Workers Compensation is granted on account of the death of the Member or Retirant. (1) In the case of a deceased Member, his Accumulated Contributions standing to his credit in the Employees Savings Fund at the time of his death shall be paid in accordance with Section 13 of this Article; provided that no Retirement Allowance becomes payable under Section 5 of this Article on account of the Member s death. (2) The deceased Member s spouse shall receive a County Pension equal to the spouse s weekly Workers Compensation award converted to an annual basis. The spouse s County Pension (i) shall begin upon termination of the Worker s Compensation Period and shall terminate upon the spouse s death, and (ii) shall be subject to subsection (b) of this section. (3) A deceased Member s unmarried child or children under age 18 years shall each receive a County Pension equal to that child s weekly Workers Compensation award converted to an annual basis. A child s County Pension (i) shall begin upon termination of the Workers Compensation Period and shall terminate upon his adoption, marriage, attainment of age 18 years, or death, whichever occurs first, and (ii) shall be subject to subsection (b) of this Section. Should the County Pension of the spouse of the deceased Member terminate as provided in paragraph (2) of this subsection, each such child s County Pension shall be increased by an equal share of the spouse s County Pension. (4) A deceased Member s parents shall each receive a County Pension equal to the parent s weekly Workers Compensation award converted to an annual basis. A parent s County Pension (i) shall begin upon termination of the Workers Compensation Period and shall terminate upon the parent s death, and (ii) shall be subject to subsection (b) of this section. (b) As used in this section, the term spouse means the person to whom the deceased Member or Retirant was married at the time his employment with the County last terminated. In no case, unless specified otherwise on the applicable attached Appendix, shall the sum of the County Pensions, provided in subsection (a) of this Section, payable in any year on account of the death of a Member or Retirant exceeds the greater of (i) $2400 and (ii) 2 percent of the deceased Member s or Retirant s Final Average Compensation multiplied by his Credited Service not to exceed 25 years. 20

21 Re-Examination of Disability Retirants Section 11. (a) At least once each year during the first 5 years following the Retirement of a Member with a disability Retirement Allowance, and at least once in every 3 year period thereafter, the Commission may require the Retirant, if he has not attained his Normal Retirement Age or age 60 years, whichever is younger, to undergo a medical examination to be made by or under the direction of the medical director. If the Retirant refuses to submit to such medical examination in any such period, his disability Retirement Allowance may be suspended by the Commission until his withdrawal of such refusal. Should such refusal continue for 1 year his disability Retirement Allowance may be revoked by the Commission. If upon such medical examination of a Retirant, the medical director reports to the Commission that the Retirant is physically able and capable of resuming employment with the County, and his report is concurred in by the Commission, the Retirant shall be returned to County employment and his disability Retirement Allowance shall be discontinued. In returning a Retirant to County employment, as herein provided, reasonable latitude shall be allowed the County in placing him in a position commensurate to his type of work and rate of Compensation at the time of his Retirement. (b) A disability Retirant who returns to the employ of the County, as provided in subsection (a) of this Section, shall again become a Member of the Retirement System. His Credited Service in force at the time of his Retirement shall be restored to his credit. He shall be given Service credit for the period he was receiving a disability Retirement Allowance provided he was granted Workers Compensation on account of his total and permanent disability arising out of and in the course of his County employment; otherwise he shall not be given Service credit for the period in which he was in receipt of a disability Retirement Allowance. In no case shall such Service credit include any period beyond his attainment of age 65 years. (Section 11(a) & (b) approved by County Board of Commissioners 11/22/78). Subrogation Section 12. In the event an individual becomes entitled to a County Pension as the result of an accident or injury caused by the act of a third party, the County shall be subrogated to the rights of the said individual against such third party to the extent of the benefits the County pays or becomes liable to pay. Refunds of Accumulated Contributions Section 13. (a) Should any Member cease to be employed by the County before his Normal Retirement Age, or any reason except his Retirement or death, he shall be paid his Accumulated Contributions standing to his credit in the Employees Savings Fund upon his application in writing filed with the Commission. 21

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