Title 4 PENSION AND RETIREMENT SYSTEM

Transcription

1 Title 4 PENSION AND RETIREMENT SYSTEM Chapter BENEFIT PLAN Article 1 Participation Sec Participation. Sec Reemployed participants. Sec Transferring participants to the plan. Sec Transferring participants from the plan. Sec Participant information. Article 2 Contributions Sec Employee contributions. Sec City contributions. Sec Forfeitures. Sec Prohibition against interest. Article 3 Retirement Benefits Sec Normal retirement. Sec Involuntary retirement. Sec Disability retirement. Sec Deferred retirement. Sec Refund of employee contributions. Sec Benefits upon reemployment. Article 4 Death Benefits Sec Line-of-duty death benefit. Sec Other death benefit.

2 Sec Refund upon death. Sec Distribution. Sec Residual benefits. Sec Increase in monthly retirement allowance authorized. Article 5 DROP Program Sec Deferred retirement option plan (DROP).

3 Article 1: Participation Sec Participation. A. General Rule. Subject to subsections B and C of this section, and Section (B), each person who shall become an employee on or after July 1, 1978, shall become a participant in this 1978 plan as of his or her employment creditable service date without any further action on his or her part. He or she shall remain a participant until he or she terminates employment with the city. B. Grandfather Rule. Any employee whose reemployment commencement date occurs on or after July 1, 1978, and who terminated employment as a member in the city retirement system under the 1948 plan of this title and properly elected a deferred pension under Section or who retired as a participant in such 1948 plan under Section , or , shall be a member in such 1948 plan upon his or her reemployment commencement date and shall not participate in this 1978 plan. C. Elected Employee Rule. Any employee who is elected to his or her position, including the mayor or any member of the council, may elect to participate in this 1978 plan as of the date he or she begins his or her elected duties, provided: 1. He or she makes such written election to the board within ninety (90) days of such date; and 2. If in his or her timely election he or she elects to begin participation in the 1978 plan after the date he or she begins his or her elected duties: a. He or she enters the 1978 plan before the expiration (other than because of ordinary disability) of his or her then current term of office; and b. Upon such entry, he or she pays into the trust fund, the employee contributions payable for the period since such date he or she began his or her elected duties, with compounded interest at the rate established by the board. D. Part-Time Employee Rule. Part-time assistant city attorneys and other part-time employees who may hereafter be specifically included by amendment to this plan, shall be participants in this 1978 plan, unless within ninety (90) days of employment they request in writing to be excluded and the request is approved by the mayor. (Ord , ; Code )

4 Sec Reemployed participants. Except as provided in Section (B), any former participant under this 1978 plan or the 1948 plan of this title who is reemployed as an employee shall enter this 1978 plan as a participant as of his or her reemployment commencement date. His or her years of service shall be determined as provided under Section 4-4-1(44). (Ord , ; Code ) Sec Transferring participants to the plan. A. Memphis Light, Gas and Water Division. If the Memphis light, gas and water division shall have in effect a self-insured retirement system, a member of the Memphis light, gas and water division retirement system may be transferred to this 1978 plan as a participant as of his or her employment creditable service date. His or her years of service shall be determined in accordance with Section 4-4-1(f)(i). B. Public Library and Information Center. Any employee who is a former member of the Memphis and Shelby County Public Library and Information Center retirement system may be transferred by and from such library system as a participant in this 1978 plan; provided an amount equal to the total employee contributions made by or on behalf of such transferred participant under such library system then in the hands of such library system shall be transferred to the trust fund. His or her years of service shall be determined in accordance with Section 4-4-1(f)(ii). C. Involuntary Transfer From the County. 1. An involuntary transfer county employee shall become a participant as of his or her employment creditable service date. Such participation shall be mandatory as a condition of employment. 2. Except for purposes of Sections (A) and , the accrued benefit of an involuntary transfer county employee shall be determined as the excess, if any, of a. minus b., where: a. Is his or her accrued benefit based on his or her total years of service, including county transfer service, and his or her average monthly compensation as of his or her date of retirement or earlier termination of employment as an employee, as the case may be; and b. Is his or her accrued benefit based on his or her county transfer service and average monthly compensation as of his or her date of retirement or earlier termination of employment as an employee, as the case may be. For purposes of Sections (A) and , the accrued benefit of an involuntary transfer county employee shall be his or her accrued benefit based on his or her total

5 years of service, including county transfer service, and his or her average monthly compensation as of his or her date of retirement or earlier termination of employment as an employee, as the case may be. (Ord , ; Code ) Sec Transferring participants from the plan. A. Memphis Light, Gas and Water Division. If the Memphis light, gas and water division shall have in effect a self-insured retirement system, a participant transferred to the Memphis light, gas and water division retirement system shall receive full creditable service under such system for his or her years of service upon the transfer by and from the trust fund of an amount equal to his or her employee contributions then in the trust fund; provided, however, if the transferred participant was eligible for a normal retirement benefit under Section , there shall be no transfer of his or her employee contributions and no transfer of his or her years of service, and upon his or her actual retirement, he or she shall receive the normal retirement benefit to which he or she would have been entitled under Section had he or she retired on his or her date of transfer from this 1978 plan and the transferee retirement system shall pay the balance of the total retirement benefits to which the participant is entitled on his or her actual retirement date under such other system without any credit for past service. B. Involuntary Transfer From the City. 1. An involuntary transfer city employee to the county shall become a member of the county retirement plan A subject to the provisions of such plan, as of his or her date of employment with the county. Upon proper notification by city or county government, the board shall issue a certificate stating the amount of the transferred participant s city transfer service. The board shall present to the county such city transfer service certificate for review and acceptance and shall approve such city transfer service; provided such service has been calculated in accordance with this 1978 plan, the conditions regarding transfer by the participant as specified within this 1978 plan are fulfilled and the person transferred reports for employment with the county on the date required by an authorized designee of the county. 2. An involuntary transfer city employee shall receive a benefit under this 1978 plan, if he or she would be entitled to one (other than under Section (A) or (A)) based on the sum of his or her years of service and years of creditable service with plan A of the county retirement system. The amount of such benefit shall be determined under this 1978 plan based on his or her average monthly compensation (defined to take into account any compensation received by him or her from the county prior to his or her retirement, death or disability not incurred in line-of-duty, or other termination of employment) and his or her years of service as of the date of his or her transfer from the city.

6 3. No benefit under Section (A) or (A) shall be paid to any involuntary transfer city employee. Instead, upon payment to the employee of any benefits due to death or disability attributable to hazardous duty in accordance with the terms of Article V of plan A of the county retirement system, the participant s employee contributions then in the trust fund shall be transferred to the county retirement plan A. Such transfer shall be a full and unconditional release of any and all obligations of the city under this 1978 plan. Under no other circumstances shall any assets of the trust fund be transferred to the county retirement system on behalf of an involuntary transfer city employee and the actuarial funding and payment of any other benefit, as described in subsection (B)(2) of this section, shall be the responsibility of the city. (Ord , ; Code ) Sec Participant information. The head of each city department shall give immediate notice in writing to the board of any new employee, and of the change in status of any employee in his or her department resulting from transfer, promotion, leave of absence, resignation, reinstatement, dismissal or death. The head of each department shall furnish such other information, concerning any participant, as the board may require. (Ord , ; Code )

7 Article 2: Contributions Sec Employee contributions. A. Effective June 30, 2001 (being the first day of the first pay period of fiscal year 2002), each 1978 plan participant, who is not a police officer or a firefighter, shall contribute eight percent of his or her compensation to the trust fund. Such contribution shall be paid by the participant while an employee until his or her retirement as an employee. B. Effective June 19, 1999 (being the first day of the first pay period of fiscal year 2000), each 1978 plan participant who is a police officer or firefighter shall contribute to the trust fund a percentage of his or her compensation determined under the following table: Date of Hire Contribution Percentage On or after July 1, Before July 1, C. Effective January 1, 1983, the contributions made by each participant to the trust fund shall be designated as city contributions pursuant to Code Section 414(h). Such designation is contingent upon the contributions being excluded from the participant s gross income for federal income tax purposes. D. Subject to the provisions of this 1978 plan, the board shall adopt rules and regulations governing the making of employee contributions by payroll deduction. The head of each city department shall apply the rate of contribution to the compensation of each participant, and shall certify to the comptroller on each payroll the amount to be contributed, and shall promptly furnish to the board a copy of each payroll; and such amounts shall be deducted by the comptroller and shall be paid into the trust fund and credited by the board as employee contributions of the participants for whom the contributions were made. Every participant shall be deemed to have consented and agreed to the employee contributions provided and made hereunder. Payment of salary, less such contributions, shall be a full and complete discharge of all claims and demands whatsoever for the service rendered by such person to the city during the period covered by such payment, except his or her claim to the benefits to which he or she may be entitled under the provisions of this 1978 plan. E. At the end of each pay period, the comptroller shall determine the aggregate amount of the employee contributions of the participants who are employees of the general city government for such period, and shall be supplied with the aggregate amount of the employee contributions of the participants of the various other city agencies, in the proper amount, and shall then transfer to the trust fund an amount equal to the

8 aggregate employee contributions for all participants for such pay period; provided, however, the first determination and transfer of funds as provided for above after the original effective date of this 1978 plan shall be made at the end of the July 14, 1978 pay period. (Ord , ; Ord , 4, ; Ord , ; Ord , ; Ord , ; Code ) Sec City contributions. A. At the end of each month, the comptroller shall determine the aggregate amount of the compensation of all participants on which the employee contributions for such month are calculated. The city shall pay into the trust fund as its contribution the sum of (1) and (2), where: 1. Is a certain percentage of the aggregate amount of compensation each month to be known as the current service contribution, to provide the city s part of the disability retirement allowances, the death benefits, and those portions of the retirement benefits to be granted on account of current service; and 2. Is a certain percentage of the aggregate amount of compensation each month to be known as the accrued liability contribution. The percentages under subsection (A)(1) and (2) of this section shall be no less than five and zero-tenths percent of the compensation of all participants of the 1978 plan, as set forth in this subsection. B. The payments of the city into the trust fund under this section are made obligations of the city. The council shall appropriate annually such amounts as are necessary to make such payments. C. All such contributions made to the trust fund shall be used to fund benefits under the 1978 plan or to pay expenses of the 1978 plan and shall be irrevocable, except as otherwise provided in Section (Ord , ; Ord , ; Ord , ; Ord , ; Code ) Sec Forfeitures. All forfeitures arising under the 1978 plan will be applied to reduce the contributions of the city to the 1978 plan and shall not be used to increase the 1978 plan benefits of any participant at any time prior to termination of the 1978 plan. (Ord , ; Code ) Sec Prohibition against interest. The city shall not have any right, claim or interest in the trust fund or in any contributions made to the trust fund, and this 1978 plan may not be amended to use the trust fund for any purpose other than the exclusive benefit of the participants and, where applicable, their spouses or children; provided the comptroller shall return any portion of a contribution which was made under a mistake of fact, provided such return is made

9 within one year after such contribution is made. (Ord , ; Code ) Article 3 Retirement Benefits Sec Normal retirement. A. A 1978 plan participant who elects to retire on or after his or her normal retirement date, by a written election designating the date he or she will retire and delivered to the board not less than thirty (30) days before such designated date, shall be entitled to receive a retirement benefit equal to his or her accrued benefit. B. The board may compel the retirement of a participant on or after his or her normal retirement date, upon the recommendation of a qualified physician and the director of the city division in which the participant is employed that such retirement is in the best interest and efficiency of the division and department. Any such participant shall be entitled to receive a retirement benefit equal to his or her accrued benefit. C. Any city full-time employee who has attained service benefits in accordance with subsection A of this section by December 15, 2000, shall be eligible to receive his or her benefits pursuant to subsection A of this section upon adoption of Ordinance No (January 22, 2001) but no such benefits shall accrue prior to adoption of the ordinance and the annuity commencement date of any participant who is to receive his or her benefit pursuant to subsection A of this section in accordance with this provision shall be the date of the adoption of the ordinance. A 1978 plan participant attains normal retirement when he or she meets one of the three conditions set forth in Section 4-4-1(30)(b)(i). (Ord , ; Ord , ; Code ) Sec Involuntary retirement. A. If the employment of a participant is discontinued without fault or delinquency on the part of the participant, or in the case of a participant who is an elected or appointed employee, is discontinued by reason of his or her failure to seek or achieve re-election or re-appointment, by elimination of the elected or appointed official s position through consolidation or by the elected official s election or appointment to an office not covered by this 1978 plan, and if such participant has twelve (12) years of service as of the date his or her employment is so terminated, then such participant shall receive a retirement benefit under this 1978 plan equal to his or her accrued benefit. B. The annuity commencement date of any participant who is to receive his or her benefit pursuant to subsection A of this section shall be the last day of his or her employment. Any city full-time employee who has attained service benefits in accordance with subsection A of this section by December 15, 2000, shall be eligible to receive his or her benefits pursuant to subsection A of this section upon adoption of Ordinance No (January 22, 2001) but no such benefits shall accrue prior to adoption of the ordinance, and the annuity commencement date of

10 any participant who is to receive his or her benefit pursuant to subsection A of this section in accordance with this provision shall be the date of the adoption of the ordinance. C. The provisions of subsections A and B of this section do not apply to persons hired after November 1, (Ord (part), 2004; Ord , ; Ord , ; Code ) Sec Disability retirement. A. Line-of-Duty Disability. Upon application by or on behalf of the participant or by the director of the city division for which he or she works, any participant determined to have incurred a line-of-duty disability shall receive, during the period he or she suffers from such disability, a retirement benefit equal to the greater of sixty (60) percent of his or her average monthly compensation or his or her accrued benefit as of the date of such disability. The provisions of this subsection shall be effective as of January 1, B. Ordinary Disability. Upon application by or on behalf of the participant or by the director of the city division for which he or she works, any participant determined to have incurred an ordinary disability shall receive, during the period he or she suffers from such disability, a retirement benefit equal to his or her accrued benefit as of the date of such disability; provided, however, the board shall deny any such benefit payments and, instead, refund the participant s employee contributions in accordance with Section , if the board has proof that such disability is a result of the participant s gross and wilful misconduct. C. Re-Examination of Disability. At the discretion of the board, a participant receiving benefits under this section may be required to undergo a medical examination by a qualified physician to determine whether the participant continues to suffer from the disability. D. Cancellation of Disability Retirement. 1. If a participant refuses to undergo medical examination under subsection C of this section, his or her benefits shall be discontinued until he or she withdraws his or her refusal. 2. If a participant is determined under subsection C of this section to have recovered from his or her line-of-duty or ordinary disability his or her disability benefits shall be cancelled and he or she shall be reinstated to city employment. Upon returning to city employment, he or she shall have full credit for all employee contributions and years of service credits to him or her as of the original date of his or her disability. 3. If a participant s disability benefits under this section are cancelled for any reason other than returning to city employment, he or she shall receive a refund of his or her employee contributions, in accordance with Section 4-

11 28-14, reduced by the amount of any benefit payments previously made to him or her. 4. If a participant suffering from an ordinary disability and receiving benefits under this section, nevertheless engages in a gainful occupation not with the city or returns to employment with the city and re-enters the 1978 plan as a participant, his or her disability benefits shall be reduced so that the sum of his or her disability benefit payments and his or her compensation from such occupation or city employment shall not exceed his or her average monthly compensation as of the original date of his or her disability. (Ord , ; Ord , ; Code ) Sec Deferred retirement. A. Any participant meeting the requirements of subsection D of this section may elect to receive a deferred retirement benefit under this 1978 plan equal to his or her accrued benefit and payable in the form of a single life annuity. B. The annuity commencement date of any participant who is to receive his or her benefit pursuant to subsection A of this section shall be the date he or she reaches age sixty (60). C. A participant may revoke his or her election under subsection A of this section at any time before his or her annuity commencement date. Any participant timely revoking his or her subsection A of this section election shall receive a refund in accordance with Section of all employee contributions made by him or her or on his or her behalf under this 1978 plan. D. To be eligible for electing a deferred retirement benefit under this section a participant: 1. Must be credited with ten (10) or more years of service as of his or her severance date; 2. Must not be entitled to any benefits under Section , or ; and 3. Must not have engaged in an act determined harmful to the city by the board and resulting in the participant s conviction of a felony, illegal manipulation of the books and records of the city, larceny, theft or embezzlement of assets. (Ord , ; Ord , ; Code ) Sec Refund of employee contributions. A. Any participant whose employment with the city terminates, for any reason other than death, who is not entitled to any benefits under Section , or , and who has not elected benefits under Section , shall receive an amount equal to the product of his or her total employee contributions times the applicable return multiple as determined under the table in Section 4-4-1(1) paid

12 within two months of the date the termination of his or her employment occurs or is deemed to have occurred under subsection B of this section unless he or she earlier withdraws the employee contributions, becomes entitled to receive benefits under Section , or , or elects benefits under Section B. A participant during a leave of absence period shall be deemed to have terminated employment with the city if during such period he or she: 1. Retires under this 1978 plan; 2. Withdraws his or her employee contributions; or 3. Actually terminates employment with the city, or does not return to active employment with the city as of the earlier of the date two years from the beginning of such leave of absence period or the end of such period. (Ord , ; Code ) Sec Benefits upon reemployment. If a participant receiving benefits pursuant to this 1978 plan is reemployed after his or her annuity commencement date, no further benefit payments shall be made to that participant during his or her period of reemployment. Subsequent benefits and an appropriate annuity commencement date for that participant shall be determined based on his or her years of service determined under Section 4-4-1(44) and in accordance with this chapter and Chapter 4-24, as applicable; provided, however, subsequent benefits shall be reduced by the actuarial equivalent of any amounts distributed between his or her first annuity commencement date and his or her most recent reemployment commencement date, but not to an amount less than the annual plan benefit he or she was receiving immediately before his or her most recent reemployment commencement date. (Ord , ; Code ) Article 4 Death Benefits Sec Line-of-duty death benefit. A. The beneficiaries described in subsection B of this section of a participant who dies as the direct and proximate result of an accident sustained by him or her as a participant, while in the actual performance of duties for the city without wilful negligence on his or her part, before or after he or she received a line-of-duty disability benefit under Section (A), shall receive a death benefit in accordance with Section equal to the greater of sixty (60) percent of his or her average monthly compensation or his or her accrued benefit as of his or her date of death. B. The only beneficiaries of the benefit under subsection A of this section shall be the participant s spouse, if married to the participant at the time of his or her death, or, if no such spouse, his or her surviving children and handicapped children. (Ord , ; Code ) Sec Other death benefit.

13 A. The beneficiaries described in subsection B of this section of a participant who does other than as described in Section (A), and who has not elected deferred retirement under Section , shall receive a death benefit in accordance with Section equal to seventy-five (75) percent of: 1. The retirement benefit, if any, the participant was receiving as of his or her date of death; or 2. If the participant died before his or her annuity commencement date, but after he or she was credited with five or more years of service or suffered an ordinary disability, the retirement benefit to which he or she was entitled under Section , or B. The only beneficiaries of the benefit under subsection A of this section shall be the participant s spouse, if married to the participant at the time of his or her death, or, if no such spouse, his or her surviving children and handicapped children. (Ord , ; Code ) Sec Refund upon death. A. If any participant elects a deferred retirement benefit under Section but dies before his or her annuity commencement date, his or her employee contributions shall be refunded in accordance with Section (C) as if he or she had revoked his or her Section (A) election on the day before his or her date of death. B. The beneficiaries of the refund under subsection A of this section shall be the person so designated by the participant in writing, or, if no such designation, his or her estate. (Ord , ; Code ) Sec Distribution. A. Beneficiary Priority. The death benefit of Section or shall be paid to the surviving spouse until the spouse s death or remarriage before he or she attains age sixty-five (65). If there is no spouse, or upon the spouse s death or remarriage before age sixty-five (65), the death benefit shall be made or shall continue to be paid to or on the behalf of the participant s surviving children and handicapped children, for as long as they are children or handicapped children; provided, however, any handicapped child shall be entitled to receive only fifty (50) percent of the benefit payment any other child of the participant shall be entitled to receive. If a surviving spouse reverts to single status by virtue of the end of the spouse s remarriage by death, divorce or annulment, upon approval by the board of the spouse s written application for reinstatement, such spouse shall be reinstated as the primary beneficiary as of the first day of the first month following such approval. No surviving spouse shall lose any benefits as a result of remarriage after attaining age sixty-five (65); provided, however, no surviving spouse of such spouse shall be entitled to any benefits from this 1978 plan as a

14 result of such spouse s interest in a benefit payable under Section or B. Payment After Refund. If a participant s employee contributions have been refunded under Section before his or her date of death, credits against such refund shall be made in lieu of cash death benefit payments under Section or until such credits have fully offset such refund amount. (Ord , ; Code ) Sec Residual benefits. Notwithstanding any other sections of this 1978 plan, a participant s estate shall be paid any excess of his or her total accumulated employee contributions, minus the total retirement and death benefit payments under this 1978 plan made to him or her, his or her spouse, his or her children, or any other designated beneficiary, following the death of all such individuals; provided, however, for any participant who was receiving a disability benefit under Section , upon his or her date of death, his or her total accumulated employee contributions shall be multiplied by the applicable return multiple as determined under the table in Section 4-4-1(1) before application of this section. (Ord , ; Code ) Sec Increase in monthly retirement allowance authorized. A. The board of administration of the retirement system is authorized to provide for increases in the monthly retirement allowance paid to pension members of the retirement system Step Increases DELETED Article 5 DROP Program Sec Deferred retirement option plan (DROP). A. DROP Overview. Except as provided in subsection F of this section, an eligible employee (as defined in subsection B of this section), who has made the election described in subsection C of this section, will participate in the program and receive the benefit described in subsection D of this section, and receives distributions in the form described in subsection E of this section. B. Eligible employee means any employee who is a participant who has attained his or her normal retirement date and has at least twenty-five (25) years of service. C. Election. An eligible employee can make an irrevocable election to participate in the DROP program (as described in subsection D of this section), during December, March, June, or September, by completing an election form to participate in the DROP program for a maximum one-year, two-year, or threeyear period beginning on the effective date of the election, and agreeing to retire no later than the end of his or her one-, two-, or three-year period of participation

15 in the DROP program. The December election is effective on the next January 15th; the March election is effective on the next April 15th, the June election is effective on the next July 15th; and the September election is effective on the next October 15th. D. Participation and Benefits. During the one-year, two-year, or three-year period elected by the employee: 1. The employee s contributions and the city s contributions to the plan shall cease as of the effective date; 2. No additional years of service or compensation shall be considered (with the exception of possible ad hoc benefit increases granted by the city), so the employee s benefit under the plan is frozen (or fixed) as of the date his or her election is effective; 3. The employee s frozen benefit shall be calculated as though the employee retired on the effective date of his or her election, and a DROP account shall be established for such eligible employee; and 4. A DROP account shall be established for each electing employee. The DROP account shall be a recordkeeping account for the benefit of electing participants, which beginning on the effective date of the electing participant s election, shall be credited with an amount equal to the monthly pension benefit the electing participant would receive had he or she retired and begun receiving payments on the effective date. Interest shall be credited each calendar quarter on the average monthly balance in the DROP account during such quarter based on twenty-five (25) percent of the ninety (90) day treasury bill yield published in the last Wall Street Journal of such quarter. E. Distribution From DROP Program. As soon as is administratively feasible after the employee has ceased to participate in the DROP program, the city will begin to pay the employee his or her monthly benefit, and also, pay the employee in a lump-sum the balance in his or her DROP account as of the end of the last quarter. The lump-sum payment of the DROP account may be rolled-over at the participant s direction. F. Exceptions and Limitations. In the event an employee who has elected to participate in the DROP program becomes disabled or dies in the line of duty as defined in Section 4-4-1(27), (A) or , the participant s election shall be retroactively revoked and such participant or beneficiary shall be eligible for line of duty disability retirement or death benefits as defined in Section (A) or as if the DROP program had never been elected. (Ord , ; Code )