HomeMy WebLinkAboutCity of Tamarac Ordinance O-1977-013Proposed by: ��-xzj 0,_.,
U �
Introduced by:
Temp. # 9 7
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. % Z-
AN ORDINANCE AMENDING THE "RETIREMENT PLAN
FOR THE EMPLOYEES, CITY OF TAMARAC, FLORIDA";
PROVIDING A SAVINGS CLAUSE; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tamarac,
Florida, upon extensive examination of the City's Pension Plan,
is desirous of amending said Plan known as "Retirement Plan for
the Employees, City of Tamarac, Florida", in order to improve the
employees' Pension Plan; and
WHEREAS, the City Council of the City of Tamarac,
Florida further desires to preserve all benefits accrued to date
and effect a prompt and orderly transition of all assets to the
amended Plan and all assets whatsoever of the City employees
under the existing plan.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The changes set forth in the rules,
regulations, benefits and conditions relative to the Plan are
set forth in the "Retirement Plan for the Employees, City of
Tamarac, Florida", which is attached thereto and made a part
hereof for all purposes as Exhibit "A".
SECTION 2: Should any section or provision of
this Ordinance or any portion thereof, or any paragraph, sentence
or word be declared by a Court of Competent Jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or any part hereof, other than the
part declared to be invalid.
1
1
1
SECTION 3: All Ordinances or parts of
Ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: This Ordinance shall become effective
immediately upon its final passage.
PASSED FIRST READING this__/ day of 1977.
PASSED SECOND READING this day of 1977.
ATTEST:
I
CITY CLER
I HEREBY CERTIFY that I have
approved the form and
correctness of this ORDINANCE
CITY AT 0 Y
RECORD 0.F COUNCIL VOTE
MAYOR W. FALCK d
Vim H. MASSARO �41ap � ,
CIM M. WEINGERGER'
A
CiM I. M. DISRAELLY
CIM M. KLIKA
U
RETIREMENT PLAN
FOR THE EMPLOYEES
CITY OF TAMARAC, FLORIDA
Legislative Declaration
The City of Tamarac, in recognition of the need to provide a
retirement program for the benefit of City employees, has estab-
lished a plan to be known as "Retirement Plan for the Employees
of the City of Tamarac, Florida." The provisions of the plan as
provided herein may be amended from time to time to assure con-
formance with the requirements of any State and/or Federal laws
and to preserve and maintain the interests of the participants in
the plan.
nr.�r+mTnwT 'Y'
NAME AND PURPOSE:
This Plan shall be known as the "Employees Retirement Plan
for the City of Tamarac, Florida." The purpose of this Plan is
to provide eligible employees with retirement benefits.
SECTION II
DEFINITIONS:
Wherever used herein, the following words and phrases shall
have the meanings set forth below unless a different meaning is
plainly required by the context.
(a) "Employer" shall mean the City of Tamarac, Florida.
(b) "Employee" shall mean a full-time permanent Employee
whose customary employment is at least forty hours per
week and twelve months per year.
(c) "General Employee" shall mean any person other than a
Police Officer or Firefighter who is employed on a
full time basis on or after June 1, 1975.
(d) "Police Officer" shall mean any person employed by the
City on a permanent basis on or after June 1, 1975,
and who is classified by the City as a certified
Police Officer.
(e) "Firefighter" shall mean any person employed by the
City on a permanent basis on or after June 1, 1975,
and who is classified by the City as a Firefighter.
Volunteer firemen shall not be covered.
(f) "Member" shall
mean a General
full
time Employee,
Police Officer
or Firefighter
who
fulfills the pre-
scribed participation requirements. Volunteer Employees
shall be excluded from membership.
(g) "Service" shall mean continuous uninterrupted employment
as a full-time Employee since the last day of hire.
Persons employed full-time and whose wages and fringe
benefits are subsidized or paid by sources other than
the City of Tamarac shall be given credit for service
at the time that they are transitioned into Employer
paid permanent service employment provided that compen-
sation for retirement benefits is funded by such sources.
Breaks in service or continuity of employment for reasons
other than military service, illness or total and per-
manent disability shall be considered as a termination
of employment and the individual considered as a rehired
Employee if and when he or she returns to work.
(h) "Plan" shall mean the provisions of the "Employees
Retirement Plan for the City of Tamarac, Florida" as
set forth herein or any subsequent amendment hereto.
(i) "Continuous Service" shall mean years and completed
months of service, subject to (g) above.
(j) "Effective date" shall mean June 1, 1975, the effective
date of this Plan.
(k) "Plan year" shall mean the twelve-month period beginning
on each June 1.
(1) "Retirement date" shall mean an Employee's normal
retirement date unless an early retirement date has been
duly elected in which case the term "retirement date"
shall mean the Employee's early retirement date.
-2-
(m) "Fund" shall mean Trust Fund created as part of the
Plan and into which shall be deposited the contributions
and earnings for purposes of systematically funding
plan benefits. Deposits shall be made in legal Reserve
Life Insurance Companies licensed to conduct business
in the State of Florida and who issue policies and/or
contracts for the purpose of providing insured retirement
benefits or any Bank, Savings and Loan Association or
other financial institution duly licensed and approved
by an agency of the State of Florida to provide retire-
ment benefits for municipal Employees.
(n) "Earnings" shall mean the Employee's basic rate of
monthly compensation excluding bonuses, overtime pay
and other special compensation as in effect at the time
of the beginning of each accrual computation period
established by the Employer.
(o) "Trustee" shall mean the City Manager, the Mayor and
one fully qualified Employee of the City of Tamarac,
Florida, which Employee shall be designated as set forth
herein. The said Trustees shall be charged with the
administration of the Fund. The Employee member shall
be appointed by a majority of the City Council and shall
serve for a period of five (5) years unless the said
Employee terminates from the Plan in which event a
successor shall be named by the City Council for the
unexpired term of the appointment. The said Employee
shall have the right to be re -appointed. In order to
conform with the effective date of the Plan, the first
term of appointment shall expire June 1, 1980.
(p) The masculine pronoun whenever used shall include the
feminine.
(q) "Average monthly earnings" shall mean one twelfth (1/12)
of arithmetic average of annual earnings for the highest
five (5) years preceding actual retirement or termination
of a covered Employee.
(r) "Administrative Board" shall mean the administrative
body which shall supervise and manage the plan as herein
provided.
SECTION III
MEMBERSHIP:
Each Employee, in the active employment of the Employer as
of June 1, 1975, shall become a Member of the plan as of June 1,
1975. Each other Employee shall become a Member of the plan on
the first day of the month next following the attainment of age
21 and the completion of one (1) year of service. 'Rehired Employees,
regardless of the period of previous employment with the City,
shall be considered as new Employees. Employees may be required
to complete an application form if so requested by the Trustees.
SECTION IV
RETIREMENT DATES:
Normal Retirement Date:
The normal retirement date for each Member of the Plan shall
be the first day of the month coinciding with or next following
the Member's sixty-fifth birthday except for Police Officers
(as defined in Chapter 185, Florida Statutes) and Firefighters
(as defined in Chapter 175, Florida Statutes) who are Members of
this plan. The normal retirement date for member Police Officers
and Firefighters covered by Chapters 185, and 175, Florida Statutes
shall be the first day of the month coinciding with or next follow-
ing their sixtieth birthday.
Early Retirement Date:
A Member who has completed ten (10) years of service with the
Employer may elect to retire on the first day of any month coin-
ciding with or next following the Member's fifty-fifth birthday.
The benefits payable to the Member who elects early retirement
shall be reduced one fifteenth (1/15) for each of the first five
(5) years and one thirtieth (1/30) for each of the next five (5)
years by which the starting date of the benefit precedes the
normal Retirement Date for such Member (i.e. General Employee,
Police Officer or Firefighter).
:Eon
Normal Form of Benefit:
All Normal and Early Retirement benefits shall be payable for
life and cease upon death, unless prior to retirement the Member
had selected an Option providing for a Joint Annuitant benefit.
SECTION V.
CONTRIBUTIONS:
Member Contributions:
Amount:
Members of the Retirement System shall make regular
contributions at a rate of one (1%) percent of
earnings.
TntPrr-jci-
Interest shall be credited annually to Member
Contributions at a rate of not less than three
(3%) percent. ,
Guaranteed Refund:
All benefits payable under this System are in lieu
of a refund of Accumulated Contributions. In any
event, however, each Member shall be guaranteed
the payment of benefits on his behalf at least equal
in total amount to his Accumulated Contributions.
No refund of Member contributions may be made as
Long as the Member remains a Member of the plan. If
the Member should terminate membership in the plan
prior to payment of retirement benefits, his accu-
mulated contributions will be returned to him. No
contribution shall, be made by a Member after his
normal retirement date and/or after his employment
with the City is terminated for any reason whatever.
State Contributions:
Any monies received or receivable by reason of laws of the
State of Florida, for the express purpose of funding and paying
for retirement benefits for Police Officers and Firefighters
of the City shall be deposited in the Trust Fund comprising part
of this System.
-5-
Citv Contributions:
So long as this System is in effect, the City shall make
an annual contribution to the Trust Fund in an amount at least
equal to 6.8% of covered Member payroll. The total cost for any year
shall be defined as the total of Normal Cost plus the additional amount
sufficient to amortize the Unfunded Accrued Past Service Liability
over a forty (40) year period commending .with.__..tha____.f.isc-al. vear in
which the Effective Date of this System occurs.
Other:
Private donations, gifts, and contributions may be deposited
to the Fund, but such deposits must be accounted for separately
and kept on a segregated bookkeeping basis. Funds arising from
these sources may be used only for additional benefits for Members,
as determined by the Board, and may not be used to reduce what
would have otherwise been required City contributions.
All Contributions:
All contributions (City, Member, State) including funding
from other sources shall be held by or in custody of the Employer
or any other entity, including insurance carriers or trustees,
for purposes of funding pension benefits for members herein, shall
be included in this fund, including any interest gathered by these
monies and shall be transferred into this fund. The earnings on
investments shall remain in the fund and will be included in the
annual review and evaluation. (If the total amount in the fund
exceeds the amount of the benefit program, the benefit program
may be increased, accordingly.)
SECTION VI
RETIREMENT BENEFITS:
Retirement benefits under the plan shall be payable commencing
on the Member's actual retirement date, unless otherwise designated
in writing by the Member and approved by the Administration Board.
Normal Retirement Benefit:
The monthly retirement benefit shall be equal to one and
one-fourth (lk%) percent of Average Monthly Earnings as defined
herein, commencing on his Normal or Early Retirement Date and
continued thereafter during his lifetime. There shall be no change
in benefit amounts except by Amendment to the Ordinance establish-
ing this Plan and following appropriate actuarial evaluation of
the Plan.
Early Retirement Benefit:
The retirement benefit for a member who elects to retire
at the Early Retirement Date shall be reduced as hereinbefore
provided and the monthly amount equal to his Normal Retirement
Benefit multiplied by the appropriate percentage in accordance
with the following schedule:
SCHEDULE OF EARLY RETIREMENT FACTORS
Number of Whole Years Between Early
Retirement Date and Normal Retirement Date Percentage
0
100.00
1
93.33
2
86.67
3
80.00
4
73.33
5
66.67
6
63.33
7
60.00
8
56.67
9
53.33
10
50.00
Straight lines interpolation of these percentages will be employed
where fractional whole years prior to Normal Retirement Date are
involved.
SECTION VZI
RETIREMENT OPTIONS:
Joint Annuitant:
The member shall be permitted to name a joint annuitant
provided the designation is made at least two years prior to the
date of regular or early retirement, and further provided that the
member furnishes a certified copy of the annuitant's birth certi-
ficate or other acceptable evidence of date of birth. In the event
the member names a joint annuitant the benefits payable to the mem-
ber and to the joint annuitant shall be determined on the basis of
the attained age of the member at retirement and the attained age
of the joint annuitant at the time the member retires.
-7-
SECTION VIII
TERMINATION OF EMPLOYMENT:
A member who has completed at least five or more years of
service with the Employer and who terminates service for any reason
than death, disability or retirement will retain a vested right
under the plan. The member will be entitled to receive at his
otherwise regular Normal Retirement Date, his vested right in
the form of a retirement benefit, as follows:
(1) The pension benefits accrued to his date of
termination, payable for the life of the Member
and commencing upon the Member's attainment of
his otherwise Normal Retirement Age, provided he
does not elect to withdraw his Member contribu-
tions, or, in the discretion of the Member,
(2) Refund of Accumulated Contributions, in which
event no pension benefit shall be payable.
Regardless of the provisions of the Vesting provisions,
any Member attaining Normal Retirement Age shall be fully vested
(100%) to retirement benefits accrued to Normal Retirement Date
or actual retirement date, if later.
The vested benefit for a Member shall be determined per
the following schedule:
Percentage of Vested
Years of Service City Contributions
5
25%
6
30%
7
35%
8
40%
9
45%
10
50%
11
60%
12
70%
13
80%
14
90%
15
100%
SECTION IX
TRANSFER OF VESTED INTEREST:
In the event the Member terminates employment and at such
time he has a fully vested interest in the plan, he may, in lieu
of having such vested interest retained for him in the City of
Tamarac's Pension Plan elect to request the transfer of such
vested interest to another Pension Program that has been fully
approved by the Federal Government and which plan contains pro-
visions authorizing such transfer.
-8-
This request shall be made to the Administrative Board,
which will be charged with the responsibility of checking the
Plan to which the Member's vested interest is to be transferred
to determine whether the Plan is fully qualified. In any event
the decision of the Administrative Board regarding right of
transfer shall be final.
The amount and value of the vested interest shall be deter-
mined by the Administrative Board, based upon actuarial deter-
mination and such transfer, if any, will forever release the
City of Tamarac's Pension Plan and the City of Tamarac itself
from any further obligation or responsibility to such individual
Member.
CVr1MTnN V
PRE -RETIREMENT DEATH BENEFITS:
If a member dies before his retirement date, the value of
the Member's contributions will be distributed in a single lump
sum to the designated Beneficiary.
SECTION XI
DISABILITY BENEFIT:
Service Connected:
Any Member, regardless of period of service, who receives
a medically, substantiated service connected injury, disease or
disability as determined by the Medical Board, which injury,
disease or disability permanently incapacitates him, physically
or mentally from his regular and continuous duty or any other
duty available through his department shall receive in equal
monthly installments an amount equal to 20% of earnings in effect
at the date of disability. The benefit shall commence on the
date that the disability begins and shall be payable until death,
recovery, or such Member's regular retirement date, whichever
occurs first. Commencing with the normal retirement date, the
benefit payable shall be the regular normal retirement benefit,
computed as though the Member had remained in active service until
his normal retirement date; average monthly earnings shall be
based upon actual earnings during the period preceding disability.
In the event of recovery prior to the otherwise normal retire-
ment date, credit for service during the period of disability
shall be granted for the purpose of subsequent retirement benefits.
NTnncar"sti rra rnnnar +-sna
Any Member with two years of service in the Plan who receives
a nonservice incurred injury, illness, disease or disability,
and which illness, injury, disease or disability, permanently
incapacitates him physically or mentally from his regular and
continuous duty or any other gainful employment receive from
the fund in equal monthly installments an amount equal to twenty
(20%) percent of his earnings at such time, the amount payable
from the fund shall be in addition to other benefits payable.
Such benefit shall be payable until normal retirement age at
which time such member shall be paid an amount based upon actual
earnings during the years preceding the date of disability.
The benefit shall commence after ninety (90) calendar days sub-
sequent to the date of disability and shall be payable for life
only and cease upon the death of such disabled Member.
Special Eligibility for Service Incurred Disability Benefit:
Upon the application of a Member or of the head of his
department, any Member who is not eligible for a regular normal
retirement benefit and who becomes totally and permanently in-
capacitated for duty as the result of a condition or impairment
of health caused by tuberculosis, hypertension, or heart disease,
which condition is not shown to be the result of any accident
or condition of employment so as to qualify under the service
connected disability paragraph above, it shall be presumed to
have been incurred in line of duty, unless a physical examination
upon entering service revealed that such condition existed at
that time, may be retired by the Administrative Board, providing
the Medical Board, after a medical examination of such Member,
shall certify that such Member is totally incapacitated for
further performance of duty, that such incapacity is likely to
be permanent and that such Member should be retired on a service
incurred disability benefit.
-10-
1
Special Disabiliy Provision:
Medical Board:
The Administrative Board shall designate a Medical Board
to be composed of three (3) physicians who shall arrange for
and pass upon all medical examinations required under the pro-
visions of this article, shall investigate all essential state-
ments or certificates made by or on behalf of a Member in connec-
tion with an application for disability or retirement and shall
report in writing to the Administrative Board its conclusions
and recommendations upon all matters referred to it. The payment
for such services shall be determined by the Administrative Board.
Determination and Review of Disability:
The status of each service and nonservice incurred dis-
ability shall be determined initially and reviewed periodically
pursuant to uniform procedures established by the Board; the
Board shall take into full consideration the report of the
Medical Board as regards all disability cases. Determination
of the existence or non-existence of disability shall be made
in all cases by the Board, acting pursuant to uniform and non-
discriminatory rules and the medical and other relevant evidence
presented. In any event the Board decision shall be final and
binding on allersons whomsoever.
Disability Exclusions:
No Member shall be granted a disability pension upon a
showing to the satisfaction of the Board:
• That the disability resulted from a self-inflicted
wound, injury or ailment; or
• That the disability resulted from the use of nar-
cotics, drugs or alcoholic beverages; or
. That the disability resulted from a Member's par-
ticipation or involvement in riots, insurrection or
unlawful assembly; or
• That the disability resulted from a Member's par-
ticipation or involvement in the commission of a crime
or unlawful act.
now
Recovery From Disability:
The status of each service and nonservice incurred disability
shall be determined initially and reviewed periodically as
determined by the Board, pursuant to uniform procedures estab-
lished by the Board. In the event a Member who has retired on
a pension on account of permanent incapacity regains his full
health and is shown to be physically able to perform his duties
in the case of service connected disability, and/or any other
employment in the case of nonservice connected disability, the
Board shall require the said Member to resume his position in
the respective department and discontinue the pension, provided
however, that, if such Member shall have been retired for non -
service connected disability, and shall after resuming his
position pay into the fund an amount equal to the aggregate
contributions plus interest at a rate to be determined by the
Administrative Board (computed upon his annual earnings at the
time of his disability retirement) he would have been required
to make hereunder, as determined by the Board, during the period
of his disability retirement had he not been retired, such Member
shall receive creditable service for the period of such disability
retirement, as well as for the period of continuous service
prior to the date of disability.
SECTION XII
Beneficiary:
A Member may designate a Beneficiary on a form prescribed
by the Administrative Board (with the right to change such desig-
nation) to receive payments, if any, to which the Member may be
entitled under this plan. However, such Beneficiary must be
named prior to the time when the Member would be entitled to
receive benefits.
General Provisions:
SECTION XIII
No sum payable with respect to a Member may be assigned,
commuted or encumbered by the payee, and, to the extent permitted
by law, no such sum shall in any way be subject to any legal
-12-
process or subject the same to the payment of any claim against
such payee. Membership in the plan gives no right or claim to
a benefit beyond that expressly provided by the plan. All rights
and claims are limited as set forth in the plan and are further
limited to the extent of the funds available thereunder. Each
Member entitled to benefits under the plan shall furnish to the
Administrative Board such evidence, data or information as the
Board considers necessary or desirable in order to properly
administer the plan. If any information has been mis-stated
on which a benefit under this plan with respect to a Member was
based, such benefit shall not be invalidated but the amount of
the benefit shall be adjusted to the proper amount as determined
on the basis of the correct information. Overpayments, if any,
with interest as determined by the Board shall be charged against
any payments accruing with respect to the person. In the event
the age mis-statement would be younger, the plan does not provide
for increased benefits due to such age mis-statement. The Board
reserves the right to require proof of the age of any person
entitled to a benefit under this plan. At the time of retire-
ment, each Member who retires shall receive a certification out-
lining the amount of the benefits payable and the conditions
of payment. This will be provided by the Administrative Board.
If monthly payments would provide less than $60.00 per year the
Board may direct that a single sum payment, in an amount actuari-
ally equivalent to the value of the annuity be paid to the person.
If the Board is unable to authorize any payments to any person
entitled to payments under this plan because the identity or
whereabouts of such person is unknown and if, more than six years
after or during which such payments are payable, a notice is
mailed by certified mail to the last known address of such person
as shown on record and within three (3) months of such mailing
such person has not made claim for such payments, the Board may
direct that such payment and all remaining payments, otherwise
due to such person be cancelled. Any forfeiture under this plan
shall be used to reduce the Employer contributions and/or Admin-
istrative costs and not to be used to increase the benefits for
-13-
any member of the plan prior to the time when the plan may be
terminated or contributions by the Employer discontinued. The
provisions of the contract shall govern with respect to all
rights and obligations of the Carrier.
SECTION XIV
AMENDMENT OR TERMINATION OF THE PLAN:
The right is reserved by the Board and the City Council of
Tamarac to modify or amend this plan from time to time to any
extent that it may deem advisable including, but without limiting
the generality of the foregoing, any amendment deemed necessary
to insure the continued qualification of this plan under the
provisions of the Internal Revenue Code. No amendment shall
have the effect of revesting in the Employer the whole or any
part of the assets of this plan or of diverting any part of the
assets of this plan to purposes other than for the exclusive
benefit of the Members and their beneficiaries at any time prior
to the satisfaction of all the liabilities under this plan with
respect to such persons. In the event of the termination of
this plan, or in the event the suspension or discontinuance
of Employer contributions leads to the termination of this plan,
no Employer contributions shall be made for the period following
the date of such termination and no employees shall thereafter
become Members in this plan. Upon termination of this plan
each member will be entitled to receive his proportionate share
of the amount that has been credited to him and based on all
other provisions of the plan, including the right of vesting.
In the event the plan is terminated, the value of the benefit
may be withdrawn in a single sum amount upon the election of
the Member, or if not withdrawn in a single sum amount it may
be applied under and in accordance with the provisions of the
contract to provide a monthly payment to each member if he is
entitled thereto under Section VI of this plan. However, in
the event the plan is terminated there shall be no joint annuitant
named to receive the benefits of the Member as previously
provided in the plan.
-14-
SECTION XV
ADMINISTRATIVE BOARD:
The general administration and responsibility for the proper
operation of the retirement plan and for making effective the
provisions of this article are hereby vested in an Administrative
Board consisting of seven (7) persons as follows:
• One (1) Member representing the general employees
duly elected by the Membership.
• One (1) Police Officer duly elected by the Police
Members.
• One (1) Firefighter duly elected by the Fire Members.
• One (1) Mayor.
• One (1) City Manager or his Designee.
• One (1) Director of Finance.
• One (1) Chairman of the Charter Board.
The terms of office of each appointed Board member shall
be three (3) years except that the initial terms of these appointed
Board Members shall be for the period to expire April 1, 1978
to conform with the City elections. The initial terms shall
commence immediately after the plan is accepted. Terms of office
of the City Manager and Director of Finance shall become effective
on adoption of the plan and shall continue just so long as the
individuals hold their designated positions. The terms of office
of the elected Board Members shall be for three (3) years but
the initial election shall be established so that the Member
representing the general employees shall be set to expire June 1,
1978 and one (1) Member of the Police and Fire shall be elected
for the term to expire June 1, 1979 and the other shall be for
the term expiring June 1, 1980. If an elected seat on the Board
is vacated for any reason an election to fill the vacated position
shall be conducted as soon as practical after the vacancy occurs.
The replacement Member shall serve for the unexpired term of
the person replaced. Members of the Board shall serve without
compensation but they may be reimbursed from the expense fund
for any necessary expenses which they may actually expend through
services on the Board. Each Board Member shall, within ten (10)
-15-
days after his appointment or election take an oath of office
before the City Clerk of the City so that so far as it develops
upon him he will diligently and honestly administer the affairs
of the said Board and that he will not knowingly violate or
willingly permit to be violated any of the provisions of the
law applicable to the retirement system or the provisions of
the plan that has been established. Such oath shall be sub-
scribed to by the Members making it and certified by the City
Clerk and filed in her office. The Board shall organize itself,
electing a Chairman, a Vice -Chairman and a Secretary. Each
Member shall be entitled to one (1) vote on the Board. A majority
vote of those present, where a quorum is in attendance, shall
be necessary for a decision at any meeting of the Board. The
Chairman shall have the right to one (1) vote only. A quorum
shall consist of four (4) Members. Any Member who neglects
the duties of his office as determined by.the Board may be
removed by a two-thirds vote of the Board. The duties and re-
sponsibilities of the Board shall include, but not necessarily
be limited to the following:
• To construe the provisions of the system and determine
all questions arising thereunder.
• To determine all questions relating to eligibility
and participation.
• To determine and certify the amount of all retirement
allowances or other benefits hereunder and to provide
each Member with a certificate stating his approved
benefits as of the date of his retirement.
• Have actuarial evaluations of the system performed as
deemed necessary and annually, unless there is a
specific reason for not requesting an annual evaluation
in which event the Trustees shall be so notified in
writing as to the reason the evaluation is not needed.
• Establish uniform rules and procedures to be followed
for Administrative purposes, benefit applications
and all matters required to properly administer the plan.
• To distribute at regular intervals to members information
concerning the plan.
-16-
I
• To receive, process and approve all applications
for participation and benefits and to notify the
City Finance Department of approved benefit payments.
. To perform such duties as are specified in the plan.
. To review reports of the Trustee and Investment
Advisor, if any.
. To submit copies of all annual reports to the City
Commission.
• To conduct meetings with the Trustees and/or invest-
ment Advisor not less than once every three (3)
months of the year.
• Perform any and all other duties as may, from time
to time, be assigned by the City Commission and/or
as is determined by the Board and/or Trustees.
SECTION XVI
Should any section or provisions of this Plan or any portion
hereof or any paragraph, sentence, or word be declared by a
Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole
or any part hereof other than the part declared to be invalid.
own