HomeMy WebLinkAbout941640.tiff WELD COUNTY RETIREMENT PLAN
(As Amended and Restated Effective January 1, 1994)
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941640
OMNG
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Weld County Retirement Plan
(As Amended and Restated Effective January 1, 1994)
TABLE OF CONTENTS
Page No,
ARTICLE I Purpose I-1
ARTICLE II Definitions II-1
2.1 Name II-1
2.2 Retirement Board II-1
2.3 Definitions II-1
ARTICLE III Membership III-1
3.1 Employees on January 1, 1969 III-i
3.2 Employees Hired After January 1, 1969 III-1
3.3 Termination . III-2
3.4 Withdrawal III-2
ARTICLE IV Credited Service IV-1
4.1 Credited Service IV-I
4.2 Prior Service IV-1
4.3 Current Service IV-1
4.4 Limitations on Credited Service IV-1
4.5 Breaks in Service IV-2
4.6 Reemployment of Retired Members IV-3
ARTICLE V Contributions V-1
5.1 Member Contributions V-1
5.2 County Contributions V-2
5.3 Application of Forfeitures V-2
ARTICLE VI Retirement Dates VI-1
6.1 Normal Retirement VI-1
6.2 Early Retirement VI-1
6.3 Delayed Retirement VI-1
6.4 Disability Retirement VI-2
6.5 Retirement Date VI-3
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TABLE OF CONTENTS (continued)
Page No.
ARTICLE VII Retirement Benefits VII-1
7.1 Normal or Delayed Retirement VII-1
7.2 Early Retirement VII-1
7.3 Disability Retirement WI-2
7.4 Payment of Benefits WI-2
7.5 Minimum Periodic Payment WI-2
7.6 Accrued Credits and Vested Benefits
Under the Previous Plan Preserved VII-3
7.7 Increased Benefits for Retired
Members and Beneficiaries VII-3
7.8 Increased Benefits for Disabled Members WI-4
ARTICLE VIII Optional Benefits VIII-1
8.1 General VIII-1
8.2 100% Joint ana Survivor Benefit VIII-1
8.3 50% Joint and Survivor Benefit VIII-1
8.4 Life and Term Certain Benefit VIII-2
8.5 Single Life Benefit VIII-2
8.6 Spousal Consent for Retirement Benefit VIII-2
ARTICLE IX Death Benefits IX-1
9.1 Death of an Active Member Before
Normal Retirement Date IX-1
9.2 Death of a Vested Member Before
Payments Commence IX-1
9.3 Death of an Active Member Between
Normal and Delayed Retirement Dates IX-2
9.4 Death of a Retired Member IX-2
9.5 Death of a Retired Member Before
Contributions Recovered IX-2
9.6 Uniform Simultaneous Death Act IX-3
9.7 Designation of Beneficiary IX-3
ARTICLE X Severance Benefits X-1
10.1 Coverage X-1
10.2 Less Than Five Years of Service X-1
10.3 Five or More Years of Service X-1
10.4 Non-reelection X-3
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TABLE OF CONTENTS (continued)
Page No,
ARTICLE XI Administration of the Plan XI-1
11.1 Retirement Board XI-1
11.2 Management of the Plan XI-1
11.3 Control, Amendment and Termination XI-2
11.4 Miscellaneous XI-2
ARTICLE XII Method of Funding MI-1
12.1 Funding MI-1
12.2 Assets MI-1
12.3 Duties of the Funding Agent MI-1
12.4 Investment Powers XII-2
ARTICLE XIII Retirement Benefits and Rights Inalienable XIII-1
13.1 Inalienability XIII-1
ARTICLE XIV Modification or Termination of Plan XIV-1
14.1 Expectation MV-1
14.2 Amendment MV-1
14.3 Approval Under the Internal Revenue Code XIV-2
14.4 Discontinuance MV-2
14.5 Termination XIV-2
14.6 Distribution XIV-2
ARTICLE XV Benefit Restrictions on Early Termination XV-1
15.1 Restrictions XV-1
15.2 Members Affected by Section 15.1 XV-2
15.3 Amendment of Plan XV-2
ARTICLE XVI Limitations XVI-1
16.1 Limitation of Benefits XVI-1
16.2 Consolidation or Merger XVI-4
ARTICLE XVII Direct Rollovers XVII-1
17.1 General XVII-1
17.2 Definitions XVII-1
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ARTICLE I
Purpose
Effective as of January 1, 1994, the Weld County Board of Retirement adopted
the amended and restated Plan, as set forth herein, to continue and replace the Plan
previously in effect. The Plan and Retirement Fund are intended to meet the
requirements of Sections 401(a) and 501(a) of the Internal Revenue Code of 1986.
The Plan and the separate related Retirement Fund forming a part hereof were
established and shall be maintained for the exclusive benefit of the eligible employees of
Weld County and their beneficiaries. No part of the Retirement Fund can ever revert to
the County except as hereinafter provided, or be used for or diverted to purposes other
than the exclusive benefit of the employees of the County and their beneficiaries.
This amendment and restatement of the Plan shall not, in any way, affect the
rights of former Employees who participated in said Plan and who either retired or
otherwise terminated their employment prior to January 1, 1994. The rights, if any, of
such former Employees and of their beneficiaries and the amounts of their benefits, if
any, shall continue to be governed by the provisions of the Plan as it was in effect on
December 31, 1993, or the date, if earlier, of their retirement or termination of
employment, unless specifically provided for otherwise herein, or as the result of future
amendments to this restated Plan.
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ARTICLE II
Definitions
Section 2.1 Name. The retirement plan as set forth herein shall be known as
the Weld County Retirement Plan and is hereinafter referred to as the Plan.
Section 2.2 Retirement Board. The management of the retirement system set
forth in this Plan shall be vested in a Retirement Board consisting of five members, one
of whom shall be the County Treasurer, two of whom shall be nonelected County
employees, and two of whom shall be registered electors of the County not connected
with County government, to be appointed by the Board of County Commissioners of
Weld County. Such Board of Retirement shall by its own rules establish staggered
four-year terms and its Board members and their successors shall be selected as set forth
in this Section.
No member of the Board shall receive compensation for his service on the Board,
but such member may be reimbursed for reasonable expenses incurred in connection
with his duties as a member of the Board.
Section 2.3 Definitions. Unless the context otherwise requires, the definitions
and general provisions contained in this section govern the construction of this restated
Plan.
(a) "Accrued Benefit" means the benefit determined under Section 7.1
of the Plan, expressed in the form of a monthly life annuity with a minimum of
120 monthly payments commencing at Normal Retirement Date, based on the
Member's Credited Service at the date of determination.
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(b) "Accumulated Contributions" means the sum of the Member's
contributions to this Plan, together with interest thereon at such rate as may be
deemed reasonable and proper by the Retirement Board in light of the actual
earnings of the Retirement Fund.
(c) "Actuarial or Actuarially Equivalent" means equality value of the
aggregate amounts expected to be received under different manners of payment
based on interest rate and mortality assumptions as defined below unless
otherwise specifically provided in the plan:
(1) Interest rate assumption for alternative periodic benefits.
The interest rate used for purposes of computing alternative periodic forms
of benefits shall be 7.5% effective January 1, 1984.
(2) Interest rate assumption for single-sum payments. Effective
for the calendar year beginning on January 1, 1984, and for each calendar
year following sequentially thereafter, the interest rate used for purposes of
computing single-sum payments shall be the immediate annuity rate
(subject to adjustment as required for deferred annuities) used by the
Pension Benefit Guaranty Corporation as of the January 1 coincident with
or preceding the date as of which the amount of the alternative form of
benefit is being determined hereunder.
(3) Mortality assumption. On and after January 1, 1990, the
mortality assumption for calculations based upon the mortality of a
Member or Beneficiary shall be a unisex rate that is 50% male, 50%
female, taken from the 1983 Group Annuity Mortality Table. Said
mortality assumption shall be used until changed by Plan amendment.
(d) "Beneficiary" means and includes the Member's estate, his
dependents, persons who are the natural objects of the Member's bounty and any
persons designated by the Member to share in the benefits of the Plan after the
death of the Member.
(e) "Board" or "Retirement Board" means the Weld County Board of
Retirement as hereinabove established.
(f) "Compensation" means the total regular compensation paid to the
Employee, reflecting the normal regular salary or hourly wage rate, before any
payroll deductions for income tax, Social Security, group insurance, or any other
purpose, excluding bonuses, extra pay, overtime pay, worker's compensation,
single sum payments received in lieu of accrued vacation and sick leave upon
termination of employment or during the course of employment, required
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contributions by the County under this Plan, or for Social Security, group
insurance, retainers' fees under contract, or the like, but including any
compensation that is reduced or deferred under Sections 125, 401(k), 403(b),
414(h) or 457 of the Internal Revenue Code. The amount of Compensation for
purposes of the Plan during any Plan Year commencing after December 31, 1988,
shall not exceed $200,000 subject to cost-of-living adjustments in accordance with
Code Section 415(d) as amended and then in effect.
(g) "County" means Weld County.
(h) "Covered Employment" means the employment category for which
the Plan is maintained excluding leased employees as defined in Section 2.3(m)
and excluding Employees of the Weld County Health Department.
(i) "Credited Service" means the sum of any Prior Service and Current
Service rendered by an Employee as a Member, for which credit is allowed.
(j) "Current Service" means the period of service rendered by an
Employee as a Member for which credit is allowed. Current Service will cease
when a Member's service as a full-time Employee terminates.
(k) "Disability" means a physical or mental condition which renders a
Member totally and permanently disabled, as determined by eligibility for and
receipt of disability benefits under the County's long-term disability insurance
contract.
(1) "Effective Date of this Plan" means January 1, 1969. This restated
Plan is effective as of January 1, 1994.
(m) "Employee" means any elected or appointed County officer or
deputy and any person employed by the County on a full-time basis as defined by
Weld County Personnel Policies and Procedures. Included as Employees are
leased employees within the meaning of Code Section 414(n)(2), except that if
such leased employees constitute less than twenty percent (20%) of the County's
nonhighly compensated workforce within the meaning of Code Section
414(n)(1)(C)(ii), then the term "Employee" will not include those leased
employees covered by a plan described in Code Section 414(n)(5) unless
otherwise provided by the terms of this Plan.
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(n) "Final Average Monthly Compensation" means a Member's total
Compensation received during the 36 highest paid consecutive calendar months of
Credited Service within the last 120 months of Credited Service, divided by 36. If
a Member has less than 36 calendar months of Credited Service, his Final
Average Annual Compensation shall be his average annual Compensation based
on all his calendar months of Credited Service. If a Member takes an unpaid
leave of absence that is required under the Family Medical Leave Act of 1993
during any part of a calendar month, such month shall not be considered in
determining the Member's Final Average Monthly Compensation.
(o) "Funding Agent" means any insurance company or trustee appointed
by the Retirement Board as provided in Article XII.
(p) "Funding Agreement" means the insurance contract with the
insurance company or the trust agreement with the trustee as approved by the
Retirement Board for the purpose of the investment and management of
Retirement Fund assets.
(q) "Insurance Company" mean any insurance company or companies
appointed by the Retirement Board as provided in Article XII.
(r) "Member" means any person included in the membership of this
Plan as provided in Article III hereof.
(s) "Prior Service" means the period of service rendered by an employee
prior to January 1, 1969, for which credit is allowed pursuant to Article IV,
Section 2.
(t) "Plan Year" means the calendar year.
(u) "Retired Member" means a former Member whose employment
terminated by reason of retirement or Disability and who is receiving or is
entitled to receive, or whose Beneficiary or estate is entitled to receive, benefits
under this Plan.
(v) "Retirement Benefit" means any retirement benefit provided for in
Article VI hereof.
(w) "Retirement Trust" or "Fund" means the "Weld County Retirement
Trust," maintained in accordance with the terms of the Retirement Trust
Agreement, as from time to time amended, which constitutes a part of this Plan.
(x) 'Trustee" means the trustee referred to in Article XII as may be
selected by the Retirement Board under the terms of the Trust Agreement.
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(y) "Vested Member" means a former Member whose Membership
Service has terminated by reason other than retirement or Disability and who has
elected to leave his Accumulated Contributions on deposit and who is entitled to
receive, or whose Beneficiary or estate is entitled to receive, benefits under this
Plan.
The masculine pronoun wherever used shall be interpreted to include the
feminine, and singular words to include the plural.
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ARTICLE III
Membership
Section 3.1 Employees on January 1. 1969. Every Employee of Weld County on
January 1, 1969 was eligible for membership in the Plan on such date.
Every Employee of Weld County on January 1, 1969 could become a Member of
the Plan on such date by properly filing with the Retirement Board prior to March 1,
1969 the form of membership agreement furnished for that purpose. Any such person
who did not file the form of membership agreement prior to March 1, 1969 may
thereafter file such membership agreement and become a Member of the Plan on the
first day of the month coincident with or following the filing of such agreement but in
such event the Member shall not be given Credited Service under Article IV for any
service prior to date he actually becomes a Member of the Plan.
Section 3.2 Employees Hired After January 1. 1969. For each Employee in
Covered Employment of Weld County hired after January 1, 1969, membership in the
Plan shall be a condition of employment, except as hereinafter provided, and such
Member shall be required to complete the form of membership agreement at the time of
employment, election or appointment. Such Employee in Covered Employment shall
become a Member on his date of employment, election or appointment.
Effective December 16, 1991, all then current Employees of the Weld County
Human Resources Department who were previously excluded from the Plan became
Members of the Plan and began receiving Current Service credit.
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Section 3.3 Termination. Membership of any Member shall terminate if and
when he shall cease to be an Employee, as defined herein, for any reason, except as
provided in Section 4.4.
Section 3.4 Withdrawal. Once an employee has become a Member of the Plan,
he may not withdraw from membership in the Plan unless he ceases to be eligible for
membership or becomes eligible for benefits under the Plan.
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ARTICLE IV
Credited Service
Section 4.1 Credited Service, which has been defined in Section 2.2(h) as the
sum of any Current Service and any Prior Service of a Member, shall be the only service
on the basis of which benefits under this Plan shall be determined. The Credited Service
of a Member shall be determined by the Retirement Board in a nondiscriminatory
manner as provided herein.
Section 4.2 Prior Service shall include any period of continuous service, not
exceeding five (5) years, rendered by a Member as an Employee prior to January 1,
1969, excluding any service by a Member who was an Employee as of January 1, 1969
and who failed to file a membership agreement prior to March 1, 1969.
Section 4.3 Current Service shall consist of all continuous service rendered by a
Member as an Employee after January 1, 1969, prior to the earlier of his actual
Retirement Date or the date his service as an Employee, as defined herein, terminates.
Section 4.4 Limitations on Credited Service. No period of Credited Service
shall be deemed to be increased or extended by overtime.
Credited Service shall not include any period of service during which the Member
is covered under any other retirement or pension plan, to which the County makes
contributions, other than Federal Old Age Security and Disability Insurance.
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Credited Service shall not include any period of time during which the Member is
on an approved leave of absence or interruption of service as provided in Section 4.5,
except that periods of absence during which a Member is receiving worker's
compensation pursuant to law will be included as Credited Service.
Section 4.5 Breaks in Service. A Member shall incur a Break in Service if his
service as an Employee terminates and he does not return to service as an Employee
within twelve (12) months of the date such service terminated. In the event that a
Member does not return to the service of the County within the time specified by a leave
of absence, such leave of absence shall be considered a break in service. The
Retirement Board shall have the power to determine when a Break in Service shall have
occurred, and such determination shall be made in a nondiscriminatory manner.
However, the following shall not be considered as a Break in Service:
(a) A temporary lay-off because of an illness or for purposes of
economy, suspension, or dismissal, followed by reinstatement, reemployment or
reappointment within one year.
(b) A formal leave of absence followed by reinstatement, reemployment
or reappointment within one year after termination of the leave of absence.
(c) A leave of absence on account of entering into the military service
of the United States, followed by a return to the service of the County within 90
days after the time when a discharge from such military service was first available
to such member.
(d) A failure to gain reelection in the case of an elected County official,
followed by election to any County office or employment as an Employee by the
County within eight years.
(e) A failure to gain reappointment in the case of an appointed official
or deputy followed by appointment to any Weld County office or employment as
an Employee by the County within eight years.
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(f) Unpaid leave required under the Family Medical Leave Act of 1993.
Credited Service shall not include the time during which a Member is not in
active service of the County for any of the reasons stated in this Section 4.5.
Upon incurring a Break in Service, a Member shall lose all his prior Credited
Service. If a Member returns to service as an Employee prior to incurring a Break in
Service and repays the Fund, within twelve (12) months of rehire, any amounts received
because of his prior termination with interest pursuant to Section 2.2(b) from the date
received to the date of repayment, the prior Credited Service for which such amounts
were received shall be restored.
Section 4.6 Reemployment of Retired Members. If a Retired Member is
reemployed by the County as a full-time Employee, no retirement payments shall be
made during the period of such reemployment. Upon the subsequent termination of
employment by such a Member, the Member shall be entitled to receive a Retirement
Benefit based on his total Credited Service prior to the date of his previous Retirement,
during the period of his reemployment and in the case of a disabled Member, his
Credited Service while disabled. In the case of reemployment of a Retired Member who
received any retirement payments prior to his reemployment, the Retirement Benefit
payable upon his subsequent Retirement shall be reduced by the Actuarial Equivalent of
the payments, other than Disability Pension payments, he received.
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ARTICLE V
Contributions
Section 5.1 Member Contributions. During his period of Current Service in the
Plan prior to January 1, 1984, every Member shall contribute to the Plan by means of
payroll deductions an amount equal to 4% of his monthly Compensation plus 2% of that
portion of such monthly Compensation which is in excess of $400.
From January 1, 1984 through December 31, 1986, every Member shall, during his
period of Current Service in the Plan, contribute to the Plan an amount equal to 5.5% of
his monthly Compensation. After December 31, 1986, every Member shall, during his
period of Current Service in the Plan, contribute to the Plan an amount equal to 6% of
his monthly Compensation. All such contributions after December 31, 1983, shall be
picked up and paid by the County as provided in Section 414(h) of the Internal Revenue
Code with the Member's gross income being reduced by the amount of the contributions
picked up by the County.
For purposes of the Plan, the Member's contribution picked up by the Ccunty
under this Section 5.1 shall be allocated to the Member's Contribution Account in the
same manner as if it had been paid directly to the Plan by the Member.
No Member shall be required or permitted to make contributions to this Plan,
and the County shall not make contributions for such Member, during any period of
employment for which he is not receiving credit for Current Service.
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Section 5.2 County Contributions. The County will, from time to time, at least
annually, make contributions to the Fund in an amount at least equal to the
contributions of the Members. The County expects to continue such contributions to the
Plan, but assumes no responsibility to do so and reserves the right to suspend or to
reduce contributions at any time.
Notwithstanding any other provisions hereof or any amendment hereto to the
contrary, at no time shall any assets of the Fund revert to, or be recoverable by the
County or be used for, or diverted to, purposes other than for the exclusive benefit of
Members, Retired Members, Vested Members, or their Beneficiaries under the Plan
except such funds which upon termination of the Plan are in excess of the amount
required to fully fund the Plan and are due to erroneous actuarial calculations.
Section 5.3 Application of Forfeitures. Any amount forfeited because of
termination of employment of a Member prior to his having acquired a fully vested right
to Retirement Benefits, because of death of any Member or for any other reason, shall
not be applied to increase the benefits provided by the Plan unless such benefits are
increased by appropriate amendment, as provided in Article XIV.
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ARTICLE VI
Retirement Dates
Section 6.1 Normal Retirement. The Normal Retirement Date of a Member
shall be the first day of the calendar month coincident with or next succeeding his 65th
birthday.
Section 6.2 Early Retirement.
(a) Regular Early Retirement. A Member who has attained the age of
55 years and has completed at least five (5) years of Credited Service shall be
eligible for Regular Early Retirement as of the first day of any calendar month.
(b) Special Early Retireme;.L. A Member who has attained the age of
55 years and has completed at least eight years of Credited Service shall be
eligible for Special Early Retirement as of the first day of any calendar month.
(c) Rule of 80 Early Retirement: A Member shall be eligible for the
Rule of 80 Early Retirement as of the first day of any calendar month if his
employment terminates after he has attained the age of 55 and the sum of his age
plus his Credited Service at termination equals 80 or more.
Section 6.3 Delayed Retirement. A Member may continue in the employment
of the County after his Normal Retirement Date. If the retirement of a Member is
delayed, his "Delayed Retirement Date" shall be the first day of the month, coincident
with or next following the date of his actual retirement. As a condition precedent to
continuance in employment beyond the Normal Retirement Date, the Member shall file
with the Retirement Board a written designation of Beneficiary, whether or not the
Member elects one of the optional benefits in accordance with Article VIII.
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Section 6.4 Disability Retirement. If it is established by the Retirement Board
that a Member is disabled, as defined herein, then such Member shall be eligible for a
Disability Retirement Benefit. The Disability Retirement Date shall be the first day of
the month coincident with or next following the date upon which the Disability is
determined by the Board to have occurred, or his date of termination of employment, if
later.
Payment of a Disability Retirement Benefit shall commence as of the first day of
the month next following the Normal Retirement Date, or if later, the first day of the
month following the date payments cease under the County's long-term disability
insurance contract.
If the disabled Member's Disability ceases prior to his Normal Retirement Date,
and he is not reemployed by the County and if he has met the requirements for Early
Retirement or a Deferred Vested Retirement Benefit as of the date his Disability
ceased, he shall be entitled to receive, commencing on the first day of a month following
his Normal Retirement Date, a Retirement Benefit equal in amount to the Early or
Deferred Vested Retirement Benefit to which he would have been entitled, as of the
date his Disability ceased, based on his Final Average Annual Compensation on his
Disability Retirement Date and his Credited Service on his date of recovery from
Disability (including the period of his Disability).
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If Disability ceases before a disabled Member attains his Normal Retirement
Date and the Member is reemployed by the County, the benefit payable upon his
subsequent termination or Retirement shall be determined in accordance with the
provisions of Section 7.1 hereof, based on his Final Average Annual Compensation and
his Credited Service at termination or Retirement (including Credited Service for the
period of his Disability).
Section 6.5 Retirement Date. A Member's "Retirement Date" shall be his
Normal Retirement Date, his Early Retirement Date, his Delayed Retirement Date, or
his Disability Retirement Date, whichever is applicable.
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ARTICLE VII
Retirement Benefits
Section 7.1 Normal or Delayed Retirement. Upon retirement at or after his
Normal Retirement Date, each Retired Member shall receive a monthly Retirement
Benefit for ten years certain and life thereafter, equal to 2.35% of the Member's Final
Average Monthly Compensation multiplied by the total number of years of the Member's
Credited Service (including fractional years). However, such Normal Pension shall not
be more than 75% of the Member's Average Monthly Compensation during the 12
highest-paid consecutive calendar months of Credited Service within the last 120 months
of Credited Service, or less than $25 multiplied by the Member's Credited Service.
Section 7.2 Early Retirement.
(a) Regular Early Retirement. A Member eligible for Regular Early
Retirement may elect to retire and have his payments commence as of his Early
Retirement Date. The monthly payment shall be equal to his Vested Accrued
Benefit as of his date of retirement, as determined pursuant to Sections 7.1 and
10.3, reduced by .002083 times the number of months by which his Early
Retirement Date precedes his Normal Retirement Date (2 1/2% per year).
(b) Special Early Retirement. A Member eligible for Special Early
Retirement may elect to retire and have his payments commence as of his Early
Retirement Date. The monthly payment shall be equal to his Accrued Benefit as
of his date of retirement, as determined pursuant to Section 7.1, reduced by
.002083 times the number of months, if any, by which his Early Retirement Date
precedes his 62nd birthday (2 1/2% per year).
(c) Rule of 80 Early Retirement: A Member who meets the
requirements for a Rule of 80 Early Retirement Pension shall receive a monthly
amount computed as for a Normal Pension considering his Credited Service to the
date of his actual Retirement, payable without reduction for early commencement
with payments to commence as of his Rule of 80 Early Retirement Date.
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Section 7.3 Disability Retirement. A Member who is disabled, as defined
herein, shall be entitled to a Disability Retirement Benefit equal to his Accrued Benefit,
as determined pursuant to Section 7.1, based upon his Final Average Annual
Compensation on his Disability Retirement Date, and Credited Service which such
Member would have accrued had he remained in the employment of the County until his
Normal Retirement Date. The Disability Retirement Benefit shall be payable in
accordance with Sections 6.4 and 7.1.
Section 7.4 Payment of Benefits. The basic monthly Retirement Benefit,
computed as set forth above, shall be paid in equal monthly payments commencing one
month after the Retirement Date, and continuing at monthly intervals for a period of
119 additional months and for the Retired Member's lifetime thereafter.
As provided in Section 4.6, Retirement Benefits shall not be paid to any Retired
Member during or for any period of employment subsequent to his actual Retirement
Date during which he is receiving Compensation and is considered an Employee of the
County.
Section 7.5 Minimum Periodic Payment. If the amount of the monthly
Retirement Benefit payable to a Retired Member is less than $100.00, the Retirement
Board, in its discretion, may make Actuarially Equivalent Retirement Benefit payments
quarterly, semi-annually, annually or in a single sum.
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Section 7.6 Accrued Credits and Vested Benefits Under the Previous Plan
Preserved. The restatement of the previous plan by this Plan shall not operate to
exclude, diminish, limit or restrict previous plan benefits, if any, in the course of payment
by the Funding Agent under said previous plan, to any person on January 1, 1994, shall
be continued by the Funding Agent under the Funding Agreement forming a part of this
Plan, in the same manner, undiminished, preserved, and fully vested under this Plan,
except as provided in Section 7.7 herein.
The eligibility for, and amount of, any benefit of any kind, payable commencing
after December 31, 1993 under this Plan to or for any person who was a Member of the
previous plan and who became a Member of this restated Plan as of January 1, 1994,
shall be determined under the provisions of this Plan.
Section 7.7 Increased Benefits for Retired Members and Beneficiaries. The
Retirement Board may from time to time, but not more often than annually, adjust
benefit payments to retired Members and Beneficiaries as increases and decreases occur
in the Bureau of Labor Statistics Consumer Price Index for the United States City
Average for Urban Wage Earners and Clerical Workers, all items. Such adjustment
shall be effective as of the January 1 coincident with or following such determination by
the Retirement Board. Such adjustment shall not be construed as being retroactive to
the Member's Retirement Date. The adjustments shall not exceed a maximum
determined by multiplying the current monthly benefit by the percentage change (to the
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nearest one-half of one percent) in such Average Consumer Price Index from the later
of: (a) October 1, 1989, or (b) the date used in the last adjustment under this Section, to
the same index as of October 1 of the year preceding the effective date of the current
adjustment. All adjustments shall be made only upon the advice of the actuary employed
by the Board; provided, however, that all adjustments shall be subject to the availability
of funds for that purpose and that no decrease shall reduce any benefit below the
amount determined as of a Member's Retirement Date.
Section 7.8 Increased Benefits for Disabled Members. As of January 1, 1994,
all Disabled Members who have not begun receiving retirement benefits from the Plan
will have their Accrued Benefit increased by 3% for each full year the Member's date of
disability precedes January 1, 1994.
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ARTICLE VIII
Optional Benefits
Section 8.1 General. Subject to such uniform rules and regulations as the
Retirement Board may prescribe, a Member or Vested Member may, in lieu of the basic
Retirement Benefits provided in Article WI, elect one of the following forms of
Retirement Benefits which shall be the Actuarial Equivalent of the benefit to which he
would otherwise be entitled. The Member or Vested Member must make any election
of an optional benefit in writing, and such election must be filed with the Retirement
Board at least 90 days prior to the due date of the first payment of Retirement Benefits
under the Plan. The election of an optional benefit may be changed at any time prior to
90 days preceding the due date of the first payment of Retirement Benefits under the
Plan.
Section 8.2 100% Joint and Survivor Benefit. The Member may elect a 100%
Joint and Survivor Benefit which provides reduced monthly Retirement Benefit payments
during the Retired Member's life, and, upon his death after retirement, continues
payments in the same reduced amount to a designated Beneficiary during the life of such
Beneficiary.
Section 8.3 50% Joint and Survivor Benefit. The Members may elect a 50%
Joint and Survivor Benefit which provides reduced monthly Retirement Benefit payments
VIII-1
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during the Retired Member's life, and, upon his death after retirement, continues
payments in an amount equal to one-half of the amount of such reduced payment to the
designated Beneficiary during the life of such Beneficiary.
Section 8.4 Life and Term Certain Benefit. The Member may elect a Life and
Term Certain Benefit which provides an adjusted monthly Retirement Benefit payment
during the Retired Member's life, and upon his death after retirement within 5 or 15
years, as elected by the Member, continues payments in the same amount for the
balance of such term certain to a designated Beneficiary. However, the term certain
elected may not exceed the life expectancy of the Member and his designated
Beneficiary.
Section 8.5 Single Life Benefit. The Member may elect a Single Life Benefit
which provides increased monthly Retirement Benefit payments during the Retired
Member's life, and, upon his death after retirement, no additional payments will be
made.
Section 8.6 Spousal Consent for Retirement Benefit. If a Member or Vested
Member is married at the time his Retirement Benefits commence, and he elects any
form of benefit other than the 50% Joint and Survivor Benefit option with his spouse
named as Beneficiary, such election will not become effective unless his spouse (if he has
a spouse who can be located) consents in writing to such election, acknowledges the
effect of such election and has such consent and acknowledgment witnessed by a Plan
VIII-2
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representative or a notary public. A properly completed benefit election form (furnished
by the Retirement Board) must be returned to the Retirement Board within the 90 days
prior to the Member's benefit commencement date. If the Member files another
election form, after the earlier form and prior to his benefit commencement date, the
earlier form shall be deemed annulled. Once benefit payments have commenced under
any optional joint and survivor form of benefit, the designated Beneficiary may not be
changed. However, the designated Beneficiary may be changed after payments have
commenced under the basic form of benefit or under the optional Single Life Benefit
form.
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ARTICLE IX
Death Benefits
Section 9.1 Death of an Active MemberBefore Normal Retirement Date. In
the event a Member of the Plan dies prior to his Normal Retirement Date while
accruing Current Service, the following death benefits shall be payable:
(a) If such member is married at his death, one of the following death
benefits shall be payable to his spouse, at her sole option.
(1) Two (2) times the amount of his Accumulated Contributions
as of the date of death, payable immediately; or
(2) A monthly benefit payable for life in an amount equal to
75% of the Member's Accrued Benefit on his date of death. Such death
benefit shall commence on the later of: (i) the first day of the month
coincident with or following the Member's death; or (ii) the first day of the
month coincident with or following the Member's 55th birthday.
(b) If such Member is not married at his death, there shall be paid to
the Beneficiary designated by him if said Beneficiary is living, or otherwise to the
Member's estate, two (2) times the amount of his Accumulated Contributions as
of his date of death.
Section 9.2 Death of a Vested Member Before Payments Commence. In the
event that a Vested Member dies prior to the commencement of his Retirement Benefit,
the following death benefits shall be payable:
(a) If such Vested Member is married at his death, one of the following
death benefits shall be payable to his spouse, at her sole option.
(1) Two (2) times the amount of his Accumulated Contributions
as of the date of death, payable immediately; or
• IX-1
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(2) A monthly benefit payable for life in an amount equal to
75% of the Vested Member's Accrued Benefit on his date of death. Such
death benefit shall commence on the later of: (i) the first day of the
month coincident with or following the Vested Member's death; or (ii) the
first day of the month coincident with or following the Vested Member's
55th birthday.
(b) If such Vested Member is not married at his death, there shall be
paid to the Beneficiary designated by him if said Beneficiary is living, or otherwise
to the Vested Member's estate, two (2) times the amount of his Accumulated
Contributions as of his date of death.
Section 9.3 Death of an Active Member Between Normal and Delayed
Retirement Dates. In the event a Member continues in County employment after his
Normal Retirement Date, and dies before actually retiring, then he shall be deemed to
have retired on the first day of the calendar month in which he dies. If no other form of
payment has been elected with spousal consent as provided under Section 8.6, a
Member, who is married, shall be deemed to have elected payment pursuant to Section
8.3. A Member, who is not married, shall be deemed to have elected payment pursuant
to Section 7.4.
Section 9.4 Death of a Retired Member. In the event a Retired Member dies
while receiving Retirement Benefit payments, his death benefit, if any, will be
determined by the form of Retirement Benefit being paid.
Section 9.5 Death of a Retired Member Before Contributions Recovered. At
the termination of Retirement Benefit payments following the death of a Retired
Member, should the total of such payments made to the Member and his Beneficiary be
less than the amount of the Member's Accumulated Contributions at the date his
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Retirement Benefit payments commenced, the difference shall be paid in a single sum to
the Beneficiary, if living, or to the estate of the last survivor of the Member or his
Beneficiary.
Section 9.6 Uniform Simultaneous Death Act. The provisions of any law of the
State of Colorado providing for the distribution of estates under the Uniform
Simultaneous Death Act, when applicable, shall govern the distribution of money payable
under this Plan.
Section 9.7 Designation of Beneficiary. If the Member or Vested Member is
married and designates any person other than his spouse as the Beneficiary for any death
benefit, such designation will not become effective unless his spouse (if he has a spouse
who can be located) consents in writing to such designation, acknowledges the effect of
such designation and has such consent and acknowledgement witnessed by a Plan
representative or a notary public. Such designation shall be made on the form furnished
by the Retirement Board, and may at any time and from time to time be changed or
revoked without notice to the Beneficiary or Beneficiaries (except as required with
respect to the Members spouse under the preceding sentence), and shall not be effective
unless and until filed with the Retirement Board.
IX-3
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ARTICLE X
Severance Benefits
Section 10.1 Coverage. Benefits shall be paid to a Member under this Article if
his Current Service terminates for reasons other than retirement, disability or death.
Section 10.2 Less Than Five Years of Service. In the event a Member
terminates employment prior to his Normal Retirement Date, and he has less than five
(5) years of Credited Service, the only benefit to which he shall be entitled under this
Plan shall be a refund of his Accumulated Contributions as of the date of such
termination. The Accumulated Contributions shall be refunded to the Member in not
less than 30 days nor more than 90 days after the Member's last date of employment.
Section 10.3 Five or More Years of Service. In the event a Member terminates
prior to his Normal Retirement Date, and he has five (5) or more years of Credited
Service, he may elect either (a) to leave his Accumulated Contributions on deposit in the
Fund and become a Vested Member, or (b) to receive, in lieu of all other benefits, a
refund of his Accumulated Contributions. If such a Member fails to elect either (a) or
(b) within 90 days after the date of termination, he shall be deemed to have elected to
leave his Accumulated Contributions on deposit and to become a Vested Member. A
Vested Member shall be entitled to a deferred Retirement Benefit which shall be the
vested portion (as shown in the following table) of his Accrued Benefit on the date of
the termination.
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Completed Years Percent of Accrued
Of Credited Service Benefit Vested
Less than 5 0%
5 or more 100%
Such deferred Retirement Benefit shall be payable at the Vested Member's Normal
Retirement Date.
If the deferred Retirement Benefit to which a Vested Member will be entitled at
his Normal Retirement Date is less than $100 per month, the Vested Member shall be
paid, as of the date of his termination, a single sum equal to the Actuarial Equivalent of
such deferred Retirement Benefit. Such single sum payment shall be in lieu of all
monthly benefit payments.
A Vested Member may elect, at any time prior to his Normal Retirement Date, to
receive, in lieu of all other benefits, a refund of his Accumulated Contributions as of the
date of the refund.
In lieu of receiving the deferred Retirement Benefit upon his Normal Retirement
Date, the Vested Member may elect to receive a reduced Retirement Benefit beginning
upon the first of any month subsequent to his attainment of age 55. The reduction shall
be determined as provided under Section 7.2(a) if the Member has less than eight years
of Credited Service or under Section 7.2(b) if the member has eight or more years of
Credited Service.
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Section 10.4 Non-reelection. In the event that a Member who is an elected
officer of the County is not reelected to the same office or elected to another County
office or is not employed by the County within thirty (30) days after his term of office
expires, then the provisions of Section 10.3 shall apply to him, except that the minimum
of five (5) years of Service shall not be required.
X-3
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ARTICLE XI
Administration of the Plan
Section 11.1 Retirement Board. The management of the retirement system shall
be vested in the Retirement Board according to the provision in Part 1, Title 24,
Article 54, Colorado Revised Statutes, as amended, as such Retirement Board is
established in Section 2.2 herein.
Section 11.2 Management of the Plan. The Retirement Board shall have all
powers necessary to effect the management and administration of the Plan in accordance
with its terms, including, but not limited to, Lae following:
(a) To establish rules and regulations for the administration of the Plan,
for managing and discharging the duties of the Board, for the Board's own
government and procedure in so doing, and for the preservation and the
protection of the Funds.
(b) To interpret the provisions of the Plan and to determine any and all
questions arising under the Plan or in connection with the administration thereof.
A record of such action and all other matters properly coming before the Board
shall be kept and preserved.
(c) To determine all considerations affecting the eligibility of any
employee to be or become a Member of the Plan.
(d) To determine the amount of the Member's contributions to be
withheld by the County in accordance with the Plan and to maintain such records
of Accumulated Contributions as are necessary under the Plan.
(e) To determine the Credited Service of any Member and to compute
the amount of Retirement Benefit, or other sum, payable under the Plan to any
person.
(f) To authorize and direct all disbursements of Retirement Benefits
and other benefits under the Plan and payment of Plan expenses.
XI-1
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(g) With the advice of its Actuary to adopt, from time to time for
purposes of the Plan, such mortality and other tables as it may deem necessary or
appropriate for the operation of the Plan.
(h) To make valuations and appraisals of Fund assets held under the
Plan, and, with the advice of the actuary, to determine the liabilities of the Plan.
(i) To create reserves from such assets for any lawful purpose.
(j) To employ such counsel and agents, and to obtain such clerical,
medical, legal, accounting, investment advisory, custodial and actuarial services as
it may deem necessary or appropriate in carrying out the provisions of the Plan.
Section 11.3 Control. Amendment and Termination. The Retirement Board shall
have the powers set forth in Part 1, Title 24, Article 54, Colorado Revised Statutes, as
amended, and any powers set forth in Articles XII and XIV herein.
Section 11.4 Miscellaneous. The decision of the Retirement Board and any
action taken by it in respect to the management of the Plan shall be conclusive and
binding upon any and all employees, officers, former employees and officers, Members,
Retired Members, Vested Members, their Beneficiaries, heirs, distributees, personal
representatives, administrators and assigns and upon all other persons whomsoever.
Neither the establishment of this Plan nor any modifications thereof or any action taken
thereunder or any omission to act, by the Retirement Board or its members shall be
construed as giving to any Member or other person any legal or equitable right against
the County or any officer or employee thereof or against the Retirement Board or its
members.
XI-2
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ARTICLE XII
Method of Funding
Section 12.1 Funding. The Retirement Board shall contract with an insurance
company, a trustee or such other funding vehicle, as authorized by Colorado law to hold
and invest the Retirement Fund. The Retirement Board shall have the power to change
such funding at any time upon notice required by the terms of the Funding Agreement.
Section 12.2 Assets. All of the assets of the Plan shall be held by the Funding
Agent acting under a Funding Agreement for use in providing the benefits under the
plan. No part of the said corpus or income shall be used for or diverted to purposes
other than the exclusive benefit of the Members, Retired Members, Vested Members,
their Beneficiaries or estates under the Plan, prior to the satisfaction of all liabilities
hereunder with respect to them, except such funds which, upon termination of the Plan,
are in excess of the amount required to fully fund the Plan and are due solely to
erroneous actuarial calculations. No person shall have any interest in or right to any
part of the assets of the Fund except as and to the extent expressly provided in the Plan.
Section 12.3 Duties of the Funding Agent. The duties of the Funding Agent
shall include but shall not be limited to the following:
(a) It shall receive from the County, the County's and the Members'
contributions to the Fund herein established.
(b) It shall receive all of the income from the Fund.
(c) It shall pay out of the Fund, upon written instructions from the
Retirement Board, the funds required for payments under the Plan.
XII-1
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(d) It shall invest and reinvest the corpus and income of the Fund,
subject to the requirements of the Plan, as directed by the Retirement Board and
set forth in the agreement.
(e) It shall maintain such records and accounts of the Fund, and shall
render such financial statements and reports thereof, as may be required from
time to time by the Retirement Board.
Section 12.4 Investment Powers. The investment of the corpus of the Fund shall
be made according to the powers and limitations set forth in the Funding Agreement.
Such investment shall be in accordance with Colorado Revised Statutes.
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ARTICLE XIII
Retirement Benefits and Rights Inalienable
Section 13.1 Inalienability. Members, Retired Members, Vested Members and
their Beneficiaries under the Plan are hereby restrained from selling, transferring,
anticipating, assigning, hypothecating, or otherwise disposing of their Retirement Benefit,
prospective Retirement Benefit, or any other rights or interest under the Plan, and any
attempt to anticipate, assign, pledge, or otherwise dispose of the same shall be void.
Said Retirement Benefit, prospective Retirement Benefit and the rights and interests of
said Members, Retired Members, Vested Members or Beneficiaries shall not at any time
be subject to the claims of creditors or liabilities or torts of said Members, Retired
Members, Vested Members or Beneficiaries, nor be liable to attachment, execution, or
other legal process. Notwithstanding the foregoing, the Retirement Board may approve
payment to an alternate payee based upon any "qualified domestic relations order" as
defined in Code Section 414(p) for child support as provided in Colorado Revised
Statutes Section 24-54-111, and such payment shall not be deemed to be a prohibited
alienation of benefits.
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ARTICLE XIV
Modification or Termination of Plan
Section 14.1 Expectation. It is the expectation of the County that it will continue
this Plan and the payment of its contributions hereunder indefinitely, but continuance of
the Plan is not assumed as a contractual obligation of the County.
Section 14.2 Amendment. The County Commissioners and the Retirement
Board reserve the right to alter, amend, or terminate the Plan or any part thereof in such
manner as it may determine, and such alterations, amendment or termination shall take
effect upon notice thereof from the Retirement Board to the Funding Agent; provided
that no such alteration or amendment shall provide that the Retirement Benefit payable
to any Retired Member shall be less than that provided by his Accumulated
Contributions or affect the right of any Member to receive a refund of his Accumulated
Contributions and provided further that no alteration, amendment or termination of the
Plan or any part thereof shall permit any part of the Fund to revert to or be recoverable
by the County or be used for or diverted to purposes other than the exclusive benefit of
Members, Retired Members, Vested Members or Beneficiaries under the Plan, except
such funds, if any, as may remain at termination of the Plan after satisfaction of all
liabilities with respect to Members, Retired Members, Vested Members and
Beneficiaries under the Plan and which are due solely to erroneous actuarial calculations.
XIV-1
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Section 14.3 Approval Under the Internal Revenue Code. The Plan is intended
to comply with the requirements of the applicable provisions of Section 401(a) of the
Internal Revenue Code as now in effect or hereafter amended, and any modification or
amendment of the Plan may be made retroactive, as necessary or appropriate, to
establish and maintain such compliance.
Section 14.4 Discontinuance. The County Commissioners reserve the right at any
time and for any reason to discontinue permanently all contributions by the County
under this Plan. Such discontinuance shall be deemed to be a complete termination of
the Plan.
Section 14.5 Termination. In the event of a partial or complete termination of
the Plan, all affected funds covered by the Agreement shall be converted to cash and
allocated to affected Members, Retired Members, Vested Members and Beneficiaries on
the following priority basis:
(a) An amount equal to the Accumulated Contributions which would be
payable to the Members, Retired Members, Vested Members or Beneficiaries
should their deaths occur on the date of the termination of the Plan.
(b) An amount of the remaining assets equal to a pro rata portion
determined on the basis of the ratio that the actuarial reserve for a Member's
Accrued Benefit minus the amount in (a) above credited to him bears to the total
of all such actuarial reserves.
Section 14.6 Distribution. When the funds covered by the Plan have been
allocated as indicated above, the distribution may be made in the form of cash or
nontransferable annuity contracts as determined by the Retirement Board, and any
XIV-2
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affected funds remaining after the satisfaction of all liabilities to Members, Retired
Members, Vested Members and Beneficiaries under the Plan and due solely to
erroneous actuarial calculations may be withdrawn by the Retirement Board from the
Fund for the account of the County.
XIV-3
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ARTICLE XV
Benefit Restrictions on Early Termination
Section 15.1 Restrictions. Notwithstanding any other provision hereof, the
benefits provided by the County contributions for Members described in Section 15.2
herein shall be subject to the following conditions:
(a) Payment in full shall be made of such benefits which have been
provided by County contributions not exceeding the larger of the following
amounts: (i) $20,000; or (ii) an amount equal to 20% of the first $50,000 of the
Member's average regular annual Compensation multiplied by the number of
years between the date of the establishment of this Plan and (1) the date that the
Plan terminates or (2) if benefits become payable to a Member described in
Section 15.2 herein within ten years »:ter the date of the establishment of this
Plan, the date the benefits of such Member first become payable (if before the
date of termination of this Plan) or (3) if benefits become payable to a Member
described in Section 15.2 herein after the Plan has been in effect for ten years and
if the full current costs of the plan for the first ten years have not been met or if
the full current costs have not been met on the dates referred to in (1) or (2)
above, the date of the failure to meet the full current costs;
(b) If (1) this Plan is terminated within ten years after its establishment
or (2) the benefits of any of the Members described in Section 15.2 herein
become payable within ten years after the establishment of this Plan or (3) the
benefits of any of such Members become payable after this Plan has been in
effect for ten years and at the time such benefits become payable the full current
costs for the first ten years have not been met, the benefits which any of such
Members may receive from the County contributions shall not exceed the benefits
set forth in paragraph (a) of this section. This limitation shall cease to be
effective at such time, at or after the expiration of ten years from the date of the
establishment of this Plan, as the full current costs of the Plan have first been
met;
XV-1
WESPDKI7.SCB:45
(c) If a Member described in Section 15.2 herein leaves the employ of
the County or his Current Service in this Plan terminates, the benefits which he
may receive from County contributions shall not at any time, within the first ten
years after the establishment of this Plan, exceed the benefits set forth in (a)
herein, if, at the end of ten years after the date of the establishment of this Plan
the full current costs of the first ten years have not been met, the benefits such
Member may receive from County contributions shall not exceed the benefits set
forth in (a) herein until the first time that the full current costs of this Plan have
been met;
(d) These conditions shall not restrict the full payment of any benefits
on behalf of a Member who dies while this Plan is in full effect and its full
current costs have been met;
(e) These conditions shall not restrict the current payment of full
Retirement Benefits called for by this Plan for any Retired Member while this
Plan is in full effect and its full current costs have been met;
(f) This section is intended to conform to the requirements of Treasury
Regulation, Section 1.401-4(c) and sh^11 cease to be effective at such time as the
provisions of Treasury Regulation 1.401-4(c) or any substitute therefore are no
longer effective or applicable.
Section 15.2 Members Affected by Section 15.1. The Members referred to in
Section 15.1 herein shall be limited to those whose anticipated annual benefit hereunder
shall exceed $1,500 and who at the Effective Date hereof are among the twenty-five
highest paid employees of the County, whether or not initially eligible for membership.
Section 15.3 Amendment of Plan. If the Plan is amended to increase benefits
which would substantially increase the extent of possible discrimination as to
contributions or as to benefits upon termination of the Plan, the restrictions set forth in
Section 15.1 shall be applied to the Plan as if it were a new plan established on the date
of such change.
XV-2
•
WE6PDK17.9CB:46
ARTICLE XVI
Limitations
Section 16.1 Limitation of Benefits. Notwithstanding any other provision
contained herein to the contrary, the benefits payable to an Employee from this Plan
provided by Employer contributions (including contributions picked up by the Employer
under Section 5.1), shall be subject to the limitations of Code 415 in accordance with (a)
and (b) below:
(a) Defined Benefit Plan Only: Any annual Pension payable to an
Employee hereunder shall not exceed the lesser of:
(1) 590,000 or, if greater, the amount of straight life, or qualified
joint and survivor, annuity accrued by the Employee as of January 1, 1983,
adjusted for increases in the cost of living, as prescribed by the Secretary of
the Treasury or his delegate, if such adjustments are permissible under
Regulations, Revenue Rulings, or announcements prescribed by the
Treasury or Secretary or his delegate, or
(2) 100% of the Employee's average earnings for the three
consecutive calendar years, while a participant in the Plan, in which his
earnings were the highest. For purposes of this subsection (b), earnings for
any calendar year shall be the Employee's earned income, wages, salaries,
and fees for professional services, and other amounts received for personal
services actually rendered in the course of employment with the Employer
(including, but not limited to, commissions paid salesmen, compensation
for services on the basis of a percentage of profits, commissions on
insurance premiums, tips and bonuses), provided such amounts are actually
paid or includable in gross income during such year. Earnings shall
exclude the following:
(i) Employer contributions to a plan of deferred
compensation which are not included in the Employee's gross
income for the taxable year in which contributed or Employer
contributions under a simplified employee pension plan to the
extent such contributions are deductible by the Employee, or any
distributions from a plan of deferred compensation; and
XVI-1
W26PDKn.SCB:n
(ii) Other amounts which received special tax benefits, or
contributions made by the Employer (whether or not under a salary
reduction agreement) towards the purchase of an annuity described
in Section 403(b) of the Code (whether or not the amounts are
actually excludable from the gross income of the Employee).
The foregoing limitations shall not be applicable with respect to any
participant whose annual Pension under this Plan is less than $10,000 if such
participant has not at any time participated in any defined contribution plan
maintained by the Employer. In the event that a Member has been credited with
less than ten years of participation service in this Plan and predecessor plans
hereto, the dollar limitation in paragraph (a) above under this Section shall be
reduced by multiplying such limitation by a fraction, the numerator of which is the
number of such Member's years of plan participation (or part thereof), but never
less than one, and the denominator of which is ten. This paragraph shall, to the
extent required by the Secretary of the Treasury, be applied separately to each
change in benefit accrual rate hereunder. In the event that a Member has been
credited with less than ten (10) years of Credited Service, the percentage-of-
average-earnings limitation otherwise applicable under (b) above and the dollar
amount otherwise applicable under the first sentence of this paragraph shall be
reduced by multiplying each by a fraction, the numerator of which is the number
of such Participant's years of Credited Service (or part thereof), but never less
than one (1), and the denominator of which is ten (10).
The limitations of this Section apply to a straight life annuity with no
ancillary benefits and to an annuity that constitutes a qualified joint and survivor
annuity, provided payment begins between ages 62 and 65. If payment
commences before age 62, the foregoing limitations shall be reduced so that they
are actuarially equivalent to such a benefit commencing at age 62. However, the
reduction of this paragraph shall not reduce the limitation below $75,000, if
payment commences after age 55, or below the actuarial equivalent of $75,000
commencing at age 55, if payment commences before age 55. If payment
commences after age 65, the limitation shall be adjusted to the actuarial limitation
commencing at age 65. The interest assumption for purposes of determining
actuarial equivalency under this paragraph shall be the interest rate otherwise
used for purposes of computing optional forms of income payable under the Plan,
but the rate shall not be less than 5% annually if benefits commence before age
62 and shall not exceed 5% annually if benefits commence after age 65.
XVI-2
WForwcn.SCB:w
In no event shall a Member's maximum annual Pension allowable under
this section be less than the annual amount of Pension (including Early
Retirement Benefits and qualified joint and survivor annuity amounts) duly
accrued by such Member under Code Section 415 limitations then in effect as of
December 31, 1982, or as of December 31, 1986, whichever is greater
(disregarding any plan changes or cost-of-living adjustments occurring after July 1,
1982, as to the 1982 accrued amount, and May 5, 1986, as to the 1986 accrued
amount).
(b) Defined Benefit and Defined Contribution Plan: If, in any
Limitation Year a participant also participates in one or more defined
contribution plans maintained by the Employer, then for such Limitation Year,
the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan
Fraction (as described below) for such Limitation Year shall not exceed one. The
Defined Benefit Fraction for any Limitation Year shall mean a fraction (1) the
numerator of which is the projected annual benefit of the Participant under the
Plan (determined as of the close of the Limitation Year), and (2) the
denominator of which is the lesser of 125% of the dollar limitation under Code
Section 415(b)(1)(a) or 140% of the percentage limitation under Code Section
415(b)(1)(B) for the year of determination (taking into account the effect of
Section 235(g)(4) of the Tax Equity and Fiscal Responsibility Act of 1982). The
Defined Contribution Fraction for any Limitation Year shall mean a fraction
(1) the numerator of which is the sum of the annual additions (as defined in
Section 415(c)(2) of the Code) to the participant's accounts under all defined
contribution plans maintained by the Employer as of the close of the Limitation
Year (subject to reduction to the extent permitted under the transition rule in
Section 235(g)(3) of the Tax Equity and Fiscal Responsibility Act of 1982), and
(2) the denominator of which is the sum of the lesser of 125% of the dollar
limitation under Code Section 415(c)(1)(A) or 140% of the percentage Limitation
under Code Section 415(c)(1)(B), for such Limitation Year and for all prior
Limitation Years during which the Employee was employed by the Employer
(provided, however, at the election of the Committee, the denominator shall be
increased by using for Limitation Years ending prior to January 1, 1983, an
amount equal to the denominator in effect for the Limitation Year ending in
1982, multiplied by the transition fraction provided in Code Section 415(e)(6)(B)).
XVI-3
WE6PDKI7.SCB•49
If, in any Limitation Year, the sum of the Defined Benefit Plan
Fraction and Defined Contribution Plan Fraction for a participant would
exceed one without adjustment of the amount of the maximum annual
Pension that can be paid to such participant under paragraph (a) of this
Section, than the amount of the maximum annual Pension that can be paid
to such participant under paragraph (a) of this section, shall be reduced to
the extent necessary to reduce the sum of the Defined Benefit Plan
Fraction and Defined Contribution Plan Fraction for such participant to
one, or the Committee may take such other actions as will cause the sum
to equal one or less.
Section 16.2 Consolidation or Merger. The Plan shall not be merged or
consolidated with, nor shall any assets or liabilities be transferred to any other Plan,
unless the benefits payable to each Member if the Plan were terminated immediately
after such action would be equal to or greater than the benefits to which such Member
would have been entitled if this Plan had been terminated immediately before such
action.
XVI-4
V/E6PDK17.SCB:50
ARTICLE XVII
Direct Rollovers
Section 17.1 General. This Article applies to distributions made on or after
January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would
otherwise limit a Distributee's election under this Article, a Distributee may elect, at the
time and in the manner prescribed by the Retirement Board, to have any portion of an
Eligible Rollover Distribution which exceeds $200 paid directly to an Eligible Retirement
Plan specified by the Distributee in a Direct Rollover. If a Distributee's Direct Rollover
Distribution is less than $500, the Distributee may only elect to Direct Rollover 100% of
the Eligible Rollover Distribution.
Section 17.2 Definitions.
(a) "Eligible Rollover Distribution": An Eligible Rollover Distribution
is any distribution of all or any portion of the balance to the credit of the
Distributee, except that an Eligible Rollover Distribution does not include: any
distribution that is one of a series of substantially equal periodic payments (not
less frequently than annually) made for the life (or life expectancy) of the
Distributee or the joint lives (or joint life expectancies) of the Distributee and the
Distributee's designated Beneficiary, or for a specified period of ten years or
more; any distribution to the extent such distribution is required under Code
Section 401(a)(9); and the portion of any distribution that is not includible in
gross income (determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities).
(b) "Eligible Retirement Plan": An Eligible Retirement Plan is an
individual retirement account described in Code Section 408(a), an individual
retirement annuity described in Code Section 408(b), or a qualified trust
described in Code Section 401(a), that accepts the Distributee's Eligible Rollover
Distribution. However, in the case of an Eligible Rollover Distribution to the
surviving spouse, an Eligible Retirement Plan is an individual retirement account
or individual retirement annuity.
XVII-1
webrwu7.SCD:51
(c) "Distributee": A Distributee includes an Employee or former
Employee. In addition, the Employee's or former Employee's surviving spouse
and the Employee's or former Employee's spouse or former spouse who is the
alternate payee under a qualified domestic relations order, as defined in Code
Section 414(p), are Distributees with regard to the interest of the spouse or
former spouse.
(d) "Direct Rollover": A Direct Rollover is a payment by the Plan to
one Eligible Retirement Plan specified by the Distributee.
XVII-2
WE6PDK17.SC13:52
The foregoing resolution as submitted by the County Board of Retirement was
duly approved by the following vote on the it --day of f zzI' , 19 `i
WELD COUNTY BOARD OF RETIREMENT
f? .41-) 4/3-04A1
(SEAL)
•
WE6PDKI7.SCB:53
CERTIFICATE
Weld County
We, the members of the Retirement Board for the County of Weld, State of
Colorado, do hereby certify that a true and correct copy of the Weld County Retirement
Plan (As Amended and Restated Effective January 1, 1994) was adopted by Resolution
� 19� .
of the Weld County Board of Retirement on the // day of Ai
IN WITNESS WHEREOF, we have hereunto affixed our names this limb day of
ri�.nw , 19
WELD COUNTY BOARD OF RETIREMENT
1 .
7.4•i•
� .
WITNESS:
WB6PDK17.9C8:I
RESOLUTION OF THE
WELD COUNTY BOARD OF RETIREMENT
WHEREAS, the Weld County Retirement Plan (the "Plan") has heretofore been
created by Resolution of the Weld County Board of Retirement hereafter referred to as
the "Retirement Board"; and
WHEREAS, the following amended and restated Plan is believed to be
nondiscriminatory and in conformity with provisions of Section 401(a) and other
applicable provisions of the Internal Revenue Code of 1986, as amended from time to
time; and
WHEREAS, the Plan has previously been amended and restated by action of the
Retirement Board, effective January 1, 1990; and
WHEREAS, Section 14.2 permits the Retirement Board and the County
Commissioners to amend the Plan from time to time.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
(1) That the amended and restated Plan be effective January 1, 1994.
(2) The Weld County Retirement Plan (As Amended and Restated Effective
January 1, 1994), copies of which have been presented to the Retirement Board at this
meeting, be and it hereby is approved and adopted effective as of January 1, 1994.
(3) The Retirement Board be and they hereby are authorized to execute
forthwith the Weld County Retirement Plan (As Amended and Restated Effective
January 1, 1994) and to do all other acts and things necessary and proper to keep the
Plan and its Retirement Fund in full force and effect and to make such amendments and
WE6PDKI7.SCB:2
changes, if any, as may be necessary to maintain the qualification of the Plan and
Retirement Fund under the applicable sections of the Internal Revenue Code of 1986, as
amended from time to time.
(4) The proper officers of the Retirement Board are hereby authorized to
submit, or have submitted, executed, verified counterparts of the Plan and this resolution
to the appropriate District Director of the Internal Revenue Service in support of a
request for a letter of determination that the Plan and Funding Agreement continue to
qualify under Sections 401(a) and 501(a) of the Code.
WE6PDK17.9CB:3
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