HomeMy Public PortalAboutORD13674 BILL. PLO. 2003-155 Substitute #1
SPONSORED BY COUNCILMAN _ Ferguson_.._
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
FIREFIGHTER'S RETIREMENT PLAN TO CLARIFY AND UPDATE LANGUAGE OF
THE PLAN.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1 . articles II, IV, IX, and XV1 of the Firefighter's Retirement Plan
(hereinafter referred to as the "Plan") are hereby amended to read as follows:
Article 11
1)E'Fl NITI0NS
The lillll,wing, words anll phrases, :IS uscol in this flan (Intl unless a oliflcrVnt
meaning is plainly retluirc(I I)v the l:0ntcxt. will have the litlluwing meanings.
?.I "Accumulatcal ContrihnliOlIS" means the 511111 0f all contributions
male by n Nlernbcr Illll'ti11:111t 10 SCC6011 10.1 , I011ether wilh 1(001:0. 1111.C1'C5t Ihcrcon.
2.2 "l nniversar 'Pa e"IIIealls thin(�Sl i!I♦Cl'the member's retirement
(Intl'.
7.3 "Ayel':I1_'c Final t..'lt incllsatlltll" Illealls the 1'11ltllthly avel'gc of the
hi9hCS1 consecutive twClve (I 2) Il111111I1S ()!',I N1e111he"S ('ontpensation (luring that
vlcmher's last sixty (00) mmiths ofselrvice as a Firelighler.
"13ene1iciar :" 111calls any persmi r'cccivins; or cnti(I(A to receive a
henelit un(ler the P1a11. either presently ur 111)(m .1 Nle11111v1's death.
?.5 "Roard ttf"I_rllstetcss" or "130.1111" means Ilse h0a111 1)[11V letl litr hcl'eirl
tot 'l(Imillister the flan.
10 "(_I " Illea11`: the ('llti' U1 .ICI ICI'tiltll, N11ti�;ltlll'I.
2.7 "('uole"0r")nl�rlial Itc�cnue('0ole"means the (Iticrnal IZevent.►e C'o(Ic
( f IQ80, as it may he alllenticll froll) time llt time.
2.8 "01(11_1mnsatlm1" means the hasic monthly wage of salary, inclmllllg
holiday pay, paid to u I ircti htcr, CX(:IIIIIilli; 1)(M ISCS, uvcrlillte, expense allowallcu
'111(1 other extraordinary cunlpcns,16011. 1 01' this purpusC, any Nlelllher who is on a
workers'compensation leave ofahsencc shall be deemed to lim c coat irlued reccIvIII g
the s:ullc level ofConlpensation as in clli:ct immediately prior to the contnlcnccrllenl
ol'the leave. The immediately prcc.c(ling sentence shall not apply, however. to ally
workers'compensation Icavcol'ah,cncc(lurin�;which a 1'lcnthc:r I'wtuclulcittly obtains
workers'compensation henclits. Instead, any such leave shall he cxcludc(d from both
ol'thc twelve ( 12) month and sixty (60) month periods described in Section 2.2.
For flan fears beginning alter December 31.1►>►15. a Member's annual
('ompensatinn shall he limited to S 150,000.00. as adjusted Ihv the Commissioner of
the Internal Revenue Service flu• increases in the cost of livini, in accordaucc "cilh
Section 401(,1)( f 7)(13) ol• the ('ode. The cost of living adjuslnient in cl•Icct for a
calendar year shall apply to arty 12- consccutivc-nlonth period I)Cgirtnillg in such
calendar year. 11'Coillpensation carncd (luring; any 12-conscculiyc-month period
hCgimling before Decemba 31, 1995, is taken into account in delcrnlining a
MClnbel-'S Ienefits accruing in a flan Ycar heginning after l)cecnther 3 1 , 1995, the
Ylenthcr's Compensation for that 1 2-consccu1iyc-m0nth period sh;111 be lilllilell to
$150,000.00. urtadjuslc(I li►r :Illy suhse(1(ICnt increases in the cost 01'IivinF:.
In determining the Compensation of a Nicnlhcr for prlrposc,; of ally dollar
limitation set lorth in the precc(lin�; paras,raph, the mules I&SC •lion -II4(Q)(0) ►A'Ihc
('ode shall apply, except in applyinp,such rules. the lei-ill "fant1ly" shall include only
the spouse of the Nlcmhcr and ant' lineal descendants 01'11c MCIIther Who) h,Iye not
attained age I O hefi►rc the (:lose ol'thc Ilan 1'car. If•. as a resell 01 the application of
such rules,a(1011,11'limitation is exceeded. Ihen the limitation sh;Ill he prorated among
the IllcetCd individuals in proportion t ) each such individual's ('nntpcnsati(1n as
determined prior to the ;.1pplic:Iliun of the dollar hillilu11011.
►) "Credited service" tocans Prior SO'\ ice plus NAVIIIl,crship S M ice. 11'
a nlcnlher terminates cnlpinynlcnt hee(IUSC ol' hucontini! totally 1114 perntanenlly
disabled fionl job-rclatcd Muses and takes a disability rctireuncnt or p receiving long
terns disability of workers'c(►nlpensation prior to normal retirement, the ntenthcr cc ill
reccivc scryiec c1e(dit toward retirement benefits fi►r the Iot:1) period nfdl.ahility until
n+rlt1;11 rctirclticnt age is reached.
2. i 0 "L I•Iecti\c 1)atc" Inc:Ins I:chruary 20. 1 047,
2. 1 I "I?li ihle CIIil(1" means a person who.,
(a) is a living. n,1tural, a(loptcd. li►sler 01' stepchild 01•;1 Mcnther;
(h) is hoth single and principally dependent on the \-temper for cc0n►nlic
support: and
(c) has not reached his I QIlt hirlhda. ;
provided, however, that no store Ihan lhc ;o(utgesl Ihrce ol'sueh Iiying chil(Irerl will
he considered I'.ligible Children it any one link.
2,1? "I{IDgih 11!�; tti::c" means thin surviving .spouse to whom a mcnlhcr
cithcr.
(a) is married on the date the Nicillber(or his survivor) becomes eligible
to rcceive a Disability' Bellclit under Article Vl, a Duly Death lic-Ilclit under Section
7.1. or a Nttncluty Death Benefit under Section 7.:.1; or
(11) has heell nuu'riecl 1101' at Ica>;l I year on the date (hc N-lember hccollics
eligible to receive a Rclircnlcm HOIClit under Ai'llelC I V or a 'I erntinalion 13cne111,
under Article V:
whichcyer is applicable.
'.13 'T irc I irli,i_IL'ill" ntcarts the I,ir(' Dcpartntcnl (&the City.
"I'ire, ntcarls any ofliccr or cnll)l )yec ot'llic Fire Departmcnl
ciliployed li0r the purposc of III'C sul)I)rc�csion, 11111 not any cntlllo\'Cd in it cleriull or
Janitorial ealrtcity. 'I'hc tern) will, however, inclu(lr illl pCI-Sons origin;Illy cntl)loycd
loo' fire suI)I)ressiort dulics, and who aclually pertiu'ntcd such dulics, but lily yal iOLIS
rcuxons were trilllslCI.I'Cd to outer divisions ofthe Firc Uc1ru Imcnl. In cuss ol'douhl
as to whether illy person I"'I Firelighter within the nlca11tng ol'this flan, the decision
ol'Ihc. 131lard will he final.
'.1 ; "FiIlCIiI!,lltcrti' RelirCn_icilt l"tith1 or tlleans the trust Illnd
cstuhlishcd I)ursuanl to Article N.
2. 16 "Nlcniher" mean:; a ntcntbcr ol'tlic flan. as delined in /\rlicic 111.
2.17 "tilcmhcissltip means sere icc its a I`irclighler rendered while
a Nlc'ntbcr.
2.18 means 1110 pension Man embodied herein,its it nlity he arlicnded
front little to (role.
'. 19 "PhIll Year" means the li.;Cill `'citl' ol'lbc' ('M
2.20 "Prtol' Scryice" Ilicans all Servicc its a I'II'cl Ii;htCl' rclidcrcd be tore the
I:1'1'cclivc Dale, but only ifevidcnccd by a I)rior ser\'hX C01111CO(c issucc) 1)11rsui11tt to
Scclion 3.5.
2.21 "Itc ;ulur Interest" means intcrcsl ul the ruts 01'.1 )crccnl ter M111unl,
eorllluoundcd annually.
Article 11'
Idl�.'I'Ildl�;ll11?N'1' 131;N1;1�1'I'`;
4.1 Retirement Benefit.
(,►) I ligibility. A Member will receive ,► Retircmcnt Benefit under the
Plan Wile mccts the 1611mving reduirements:
(i) Ile terminates his employment with the City; :and
(ii) either
(A) he has completed at ICitSt 24 ycnrs ol'Crcdited Service; or
file stun of'the member's stir _tIL(! tilt Lears Ld
service is no less III—an ciality
and
(iii) his last 2 years olTrediml Service were consecutive; and
(iv) i t'the Mcmhcr first became a Firclighter alley November 1 , 1989, the
sum of'his or lhc•years of'service ,added to his or her qgg is no less than eighty,
Lti01 or th.!� member is at feast 55 years of aUK yLl hnti KglrUi i.Ltcd ?� �carti of
Credited service, whichever Comes III-St. i�cis-at-i�tst^+`* yc�r�zrt;tic:
(b) Benoit. A Retirement 13enelit will consist ul'a lil'C 1111wity urtde►•
which a Memhcr receives numthly payments equal to(,ti percent oChk Avcragc Final
Con►pcnsatiun, and will accrue from the Mcmhcr';< retirement date.
(c) I'. tcnd�d Duty Benclit. In addition to the Rctireit►unl 13enclit
provided in subpart (b)hereof; a Membel'shall rcceivc an EXICI dad Ih,ty Benefit 11 01.
Cull years ot'service above 24 years. The I:ztmndel Duty 13en0,fi1 shall he an ar►tount
equal to 2.5+percent ol'a Mcmhcr's Averape Final Compensation 1i01'cach miditiornal
,'C,u•. but in no event shall exceed 25 4 percent of a Mcmber's Average Final
Compensation.
(d) I)uratic�n. The I'aymcnt ol'a IZI:Iireinunt 13enelit will conur►encc as
uu►n as administratively practicable after a MenlhL'r'K relirentent date. anti will
terminate upon payu►ent 01'111C,111101.111t payable on thy. Iil'st clay ot'thc r►►onth in which
the Member(lies. Anyupplication fi,ca Rctiren►en( I3ci►clit n,usl spy cif} n retiren,cnt
date not Cewer than 30 nor n►orc than 90 clays alter the dale the .1pplication is filed.
I1'111c IVlcmher•'s service has been discontinued during the rx,lilicalion period, he will
nonctli less be retired as ol'the date specified.
Article I\
13TH CHECK PROGRAM
O.I Rcscr •c. The Board ol"Frustces will establish a reserve, (tile "1.3th
Check Reserve"). to be fielded as provided in `section 9.2, I'Or distribulion to
numbers wbo retired W:io►r to the 21103 Amendment Dj.1,c surd o Ihose
member's bellefichar• es pursuant to Se:ti()Il 9.3. =l=frc Nrrmf�h�4 ntiiiyrthi�rr�crnc
7rrism-ter cni m•rrcd-hrrrctit-in
the-fbrm t, , ntof-f-k-ingi-limen i ice a mHrirtftih rrthe ftlrnt tr,l rm��ictr tic,rrrr�i.c,rt
tcrtrr refit 1,(,III r-i n fl n irn tcrn-tircc-�s i ry mc;m ri n-t �tti-nc�rk
9-2 funding. The Board will credit the I3th Check Rescrve with the
1,611.mvins, arllount:
(a) (.)Ile halt'of the excess, Wally, ()('tile rule ()1' return on tilt actuarial
value of Fund assets over 7.5 )%, multiplied by the actuarial present value ol'benclits
being paid to Members and Beneficiaries, both as reported in the I'tun's annual
actuarial valuation, where the rate of return is determined by dividing; the I:urld's
interest earnings tin' the flan Year by an anl()unt e(iLI d to ()rle hall'ol'the 1611 wing
soul; the Fund's value us Of"tile, lirst day of'tile flan fear, plus the Fund's value as
(fl,(Ile last (lily ()I,tile Plan Year, less the I'tlild's interest earnings ti►r the flan fear;
and
t-hr)----71H-ft*t>r trthci`ccntrihtlticm tilY,-�I•rr-I:�tll ('ftrrk-ttctit7•�c.
9.3 Distribution. As soon as a(Inlinistratively prneticahle slier the close
(){'each flan fear, and subicct to the provisions ol'Article \IV. Ib+. 13()ard any my
distt•ihute lily balance in the I3"' Check Reserve which is in excess ()f that reyuircd
to!Maintain the actuarial soundness()I'Ihc flan(file "I)istribut,lhic Anl0mit") t()those
Nelsons then receiving hencdits tln(Icr the 1'1,111 The Distril-lutuble
Amount will he distributed to RCL-il)ielltS ill Silll;le h.11llN sums ;rlul in the amounts
detCI-Illirled udder the 1611Owing; li►rrllulu:
DiSll'IblllablC Anwu11t x R( Mt3 dividCdd by I00)IMIt
CI,M13 divided by 100) I TYR
where RN/113 represents a Recipient's lllonthly I)Cllellt under the I'1;►n; INIH represents
the total ol,all Recipients' rMonthly I)CIICIItS. Iv1R represents the number OI* 1ilil or
partial months Crorll the (late ol'the recipient's henclit eoMllIICIIC Mend (()r in ease ()1'
a Retirce Death Benelit, li•orll the (late on \krhich the preceding; Retirement,
Termination, or Disability 13CIlCht collllnenec(I); and TYR represents the total ()Fall
such years liar all Recipients.
9`4 ___Nt►Ihiri , in this article shall he cons(nied as iTullirin14 the
Board to make a distribution at arm time 101el► tic f3t►ard, ill its Sole
discretion, believes that Such .i distribution would 11ot he ill the hest interests
of the immediate or lo= errm interests of the Fund or of this Reserve.
Article X
FUNDING
10.1 Lich-ul ('0ntrihulio�ns.
(a) ('0111rihution by tilcnIhcrs. ���,Icon(lition ufcnil,luytllcnt by the City.
Cacal Member will Ile rc(luirccl I„ conlrihutc in aillounl
Ito cmcT rmittI-"i0 four percent ,t4t"r)j 0fthe iNA ell Ihcr's ('011ll,crlsalion to the
general fund of' the ►11.111,
c t feet n c-,��itlrtt rz-pad--rcrtc,ri-ITrF�nty�inrr'�r1�tc,tTl�rr-3:
14"-) !►1gLiming )q (he on the 2UO3 Amendment Date.
(h) COW rihuli( r) by ('its;. The l'i1y, I)ursuaril lo Ole provision ol'Uo(Ic
S-.-ction 414(h)(?). will "}pick ul," an(I iY►y the cOntrlhutlons that woul(I othcrwisc he
pavahlc by Members as hrescrihccl hcrcin. The contributions so ),ickc(I uh will he
treatcd its cmll,loycr contributions 101'Ilurl,0scs of(Ictcrnii11ini the ann0unts 01'Ic(Icral
and state income taxes to withhold from the N/icnibel's Compensation.
(c) I)Cl1(ICti011 11-011i ('(ml l L1lSgioii. Member contributions picked till by
the City will be paid fi•onl the same source ol• liul(is used for the payment of
Compensation to a Member. A (I(:(IIIC1i011 will he ni.I(Ic I'ron) each N'lcnlhcr's
C'011111cnsation c(Iu1I to tlic amount ol'the Mcnll,cr's contrihulion.s picked till by (lie
C'ily, provided that such (le(luction will 1101 1•c(Illcc the N-irnlhcr'S ( 'Onil,c11;a1ion tin•
1)(11 poses ofcompu(ing hCI]CIIIS un(ICI'ibis I'),ui. ') he(IcOuctio11s I,rovi(IcO fi)r herein
Will be 111MIc cycn th0ugh the tuiniluuln cornlu:nsali0n I„Iyahlc t0 each ti,lcnll,cr as
provided by ordinance will he rc(luccO IllcrchN anal Cach \1I01ihcr will he ciccrlle(i t0
consent to the dC(illctionti s0 1111MIc ,111(1 lVOVi(lal for herein. Payment 0fa ivicnlh(:r's
salary or Compensation less SUCI1 llclllICIIoill will he a fll!I ;tn(1 Complete discharge oI'
all clainlsMid(Icln,t11(Is whatsoever liar services rcn(Icrcd by sup h IMCIllhcr(!urine;the
period Covered by such paylllcnl. exccpt as to hcnclits In•0yi(Icd trn(IcI' Ill's P1,11i.
((I) Withdrawal by ;any 'Mcnlher not clipll)lc 10 I-eccivc any
hcnclit under the P1,111 nuty, u!,oii his termirlalion 0f' employment with the City,
withdraw all or ally portion ol'his Accullmialc(I ( 'onlrihuti011s. I•:xecl)t as 11r0vidCd
in Article III, however, a NIcnrher who wilhclr,Iws anN portion 0f•his nccurrltclated
Contributions will (brtirit all Membership Service cal•ncd prior to that withdrawal.
Accunlulaled( 'on(rihu(ions will he(list rihuted as sotm as administratively practicable
alter a Mumbo's proper written rcyucst thL.I.C1 1.,
Article XVI
C'OS'T' QF LIVING INC�ItI?,ASIA:!�
16.0 Each member who retfresafter the 2003 Amen ment_Date, or
the beneficiary of•such member,,shall receive it two t)et•cent 2(Y0) Increase in
the member's retirement all owance on the fit•st da_y of the n►onth next
following the anniversary slate of(he nember's retirement :aid an addition
two percent (2'%)), compounded, on the first ol'the month_on cacti
successive anniversar1dale.
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: ,�_ t;' '►t ��, 1y Approved.
� ,I�'r iding "fficer�r Mayor
ATE`ST: `" APPROVED S;TO FORM:
City CWk r City Counselor
Ell
f
FIRI?FIGI1'1 ERS' REA'lREMENT PLAN
CITY 011'JE FERSON, MISSOURI
As Approved by Firemen's Pension Board and
the Council of(lie City of Jefferson
July 20, 1994
AN1)
A,IM14.N1)1:1) 13Y
ORDINANC . NO. 12969
As Approved, Atigust 18, 1999
t1hD
ORDINANCE: NO. 13201
As Approved, June 5, 2001
AND
ORDINANCE; 13674
r1s :lpprovetl, Juuuary 14, 2004
Both As Approved by the firemen's Pension Board and
file Council of,the Cily of.lefferson
IlMoarAs&Cummissiolwfirc boat-1 HE I IRI Al1:NPhiefighters Relncnum Plan•ovmucmhrd I•I-1•U1'cr:%kJ4
FIR]"FIG1ITERS' RE"I'lRI rvIFNT ITAN
TA131.1?. O C ON'T1 N'1'S
ArticleI PURPOSE ....................................................................................................................... 1
I.1 I'ur Mise. .........................................................................................................•....... I
Article11 DE' INTTIONS ............................................................................................I...I............... 1
ArticleIII E-LIG1131LITY ................................................................................................................ 3
3.1 Me.mhcrShil) RCIMuit•�mca its. ...................................................................... ........... 3
3.2 "Termination anct Restoration ofMcnibc:rshiP. ....................................................... .l
3.3 Tcrn,ination of F:m c�ymcnt. Lcr►%'c cif Absence .................................................. 5
3.4 ('tcciitccl Scrvic'c utu�n ft��►n �Ic� t13c r1t. ..... ......................................................... 5
3.5 Member's Seryicc Record. ................................................................................... 5
Article IV RETIRhM[:N'I' f3E:Nl:I'I'I'S .......................................................................... ............... h
4.1 Retirement B enctit. ............................................................................................... 6
(a) - gilb �ilitx. .................................................................................................. 6
(b) B enctit. ....................................................................................................... 6
(e) T:xtenclal E)ut 1 3enctit. .............................................................................. 6
(c1) Duration. ......................... .......................................................................... 7
® Article V TI=RMINATION 131 NEF ITS ....................................................................................... 7
5.1 Termination 13enefit. .............................................................................................. 7
Article VI DISABILITY 131:NI FITS ............................................................................................. 7
6.1 Dutv Disabilitv l3crictit. ........................................................................................ 7
6.2 Nonduty Disabilit�3ti)c lit. .................................................................................. h
6.3 Determination cif,Disahilit�.. ................................................................................. 8
6.4 Mectical Examination. ........................................................................................... S.
6.5 Cessation of Disability Benctits. ........................................................................... 2
Article VII 1)EATI1 131:NE1�14,S ........................................... ....................................................... 9
7.1 Dut}' Death l3enctit. ........................ c
7.2 Non(Iut � Death 13en0it. ........................... ............................................................ 9
7.3 Retiree Death Benctit.. .......................................................................................... 10
7.4 Termination ofBenetrt Upon ..................................................... 10
7.5 Child's Benefit i f no 1'_lgihLc—,S )Lis�. ................................................I................. l 0
7.6 Deterrcc) Death Benefit. ......................-............................................................... ,10
Article Vlll LIMITATIONS ....................................................................................... 11
8.1 Section 4 15 Limitations. ...................................................................................... t 1
8.2 Current Accrual Benefit Not AlTected. ............................................................... 11
• 8.3 Combined Limitations. ....................................................................................... 1 I
Article 1X 13TI-I CIIF;CK PltO ORAM ........................................................................................ 12
9.1 Reserve. ............................................................................................................... 12
9.2 Fitll,din. ............................................................................................. ................ 12
9.3 Distribution. ......................................................................................................... 12
9.4 Contingent on.Board AjX)Bw_lil_ ........................................................................... 12
ArticleX FUNDING .................................................................................................................... 12
10.1 Pick-up COntl'il)UtiOIIS. ......................................................................................... 12
10.2 C(IgUx sition of Fund. ............................................. ........................................... 13
10.3 Susoension oi- Reduction oi•Nrcncl_ly'Fax. .......................................................... 14
Article XI DIRECT ROLLOVERS .............................................................................................. 14
11.1 Direct Rollovers. ................................................................................................. 14
11.2 Definitions._.......................................................................................................... 14
Article X11 BOARD OF TRUSTS' F'IS; TRUS'l. ........................................................................... 15
12.1 Board cif'I'rushes. ................................................................................................ 15
12.2 Fund Custodian. .................................................................................................. 15
12.3 Lc Yal Advisoi.. ..................................... ............................................................... 15
12.4 'F rust. .................................................................................................................... 15
12.5 Powers and Duties of Roard. ................................................................................ 16
12.6 Vacancies. ........................................................................................................... 16
Article XIII ADM[NiS'1'!tA`I'I VF' PROVISIONS ..,,,•....•„•".,.,...,,r••..•.,.,.,..•............................... 17
13.1 Application 1orr Benefits Re uircd. . 17
13.2 Assignmcnt anti Alienation of Renc1its ............................................................... 17
13.3 Pa dent to Incompetent Persons. ........................................................................ 17
13.4 Unclaimed Checks. ..........J.. ............................................................................. 17
13.5 False Statements. ................................................................................................. 17
13.6 C.icncler and NLI111I)eI' ........................................................................................... 17
13.7 I I cjICI . ............................................................................................................. 17
Article XIV AMENDMF?N'f AND 'I'E?I:NIINA"1'ION ................................................................ 18
14.1 Intent to Maintain Plan. ........................................................................................ 18
14.2 Anlcndment. ........................................................................................................ 18
14.3 Plan Merger or Consolidation. ............................................................................. 18
Article XV REs,rATEMENT ...................................................................................................... 18
15.1 Restatentcltt. ......................................................................................................... 18
15.2 [affective Date. .................................................................................................... 19
15.3 Fund Consultants ................................................................................................ 119
Article XVI COST OF LIVING INCREASES ............................................................................ 19
FIREFIGHTERS' ItFTIRf;►NIENT PLAN
of tilt
CITY OF JEFFERSON, MISSOURI
Article 1
PURPOSE,
1.1 Pur ose. The Firefighters' Retirement Plan of the City of Jeff'erson, Missouri, is
established in the City of ,leffcrson fir the exclusive benefit of the members of the Fire
f Department and their beneficiaries. This flan shall be interpreted in ► manner consistent with
the intention of' the City of• .leffcrson that it (lualify under Section 401 ol' the Internal Revenue
Code.
Article 11
1)E1INITI0NS
The following words and phrases, as used in this Plan 'Illd undcss a different meaning is
plainly reduircd by the context, will have the I()llowing ..leanings.
2.1 "2004 Amendment Date" means .lanciai.y 14, 2004.
2.2 "ACCUnlulatCd Contl•ibulionS" rlleans the sum of 'Ill contributions made by a
Member pursuant to Section 10.1, together with Regular Interest thereon.
2.3 "Anniversary Datc" means the day after the nlember's retirement (late.
2.4 "Average Final C'onlpcnsation" nlcans the monthly average of.* the highest
consecutive twelve (12) months of a Member's Compensation during that Member's last sixty
(60) months of service as a Firefighter.
2.5 "Beneficiary" nlcans any person receiving or entitled to receive a benefit under
the Plan, either presently or upon a Member's death.
2.6 "Board of"I'rustccs" or "Board" nlcans the board provided for herein to administer
the Plan.
2.7 "Cif" nlcans the City ol'.1cffcrson, Missouri.
2,S "Code" or "Internal Revenue Codc" i"..Cans t11C 11IM11al RCVCnue Code of' 1986, as
it may be amended From time to time.
2,9 "Compensation" means the basic monthly wage or salary, including holiday pay,
paid to a Firefighter, excluding bonuses, overtime, expense allowance and other extraordinary
l
compensation. For this PLII-p Ise, any Member who is oil a workers' compensation leave of
absence shall be deemed to have continued receiving the same level ofConlpensation as in effect
immediately prior to the commencement ol'the leave. The immediately preceding sentence shall
not apply, however, to any workers' compensation leave of' absence during which a Member
fraudulently obtains workers' compensation henelits. Instead, any such leave shall be excluded
from both of the twelve(12) month and sixty(CO) month periods described in Section 2.2.
2.10
For Plan Years beginning; after December 31,1 995, a Member's annual Compensation
shall be limited to $150,000.00, as adjusted by the C'ontmissioner of the internal Revenue
Service for increases in the cost of living; in accordance with Section 401(a)(17)(B) of'the Code.
The cost of, living ad•lllstlllent in effect For a calendar year shall apply to any 12-consecutive-
month period beginning in such calendar year, it' C'onnpensation earned during any 12-
conse;cutive-month period beginning b6orc December 31, 1995, is taken into account in
determining a Member's hcnef its accruing in a Plan Year Beginning after December 31, 1995,
the Member's Compensation for that 12-consecutive-111011th period shall be limited to
$150,000.00, luladjustcd lbr any suhscquCilt intro ascs in (Inc cast 01'living.
In determining the Compensation of A Mcnlhcr 16r purposes of any dollar limitation set
forth in the preceding paragraph, the ]'Liles o1 Section 414(0)(()) ill•the Code shall apply, except in
applying such rules, the term "family" shall include only the spouse o1' the Member and any
lineal descendants of the Mcrrrber who have not atUitined age 19 before the close of the Plan
Year. If, as a result of the application of sLic11 rules, a dollar limitation is exceeded, then the
limitation shall be prorated among the affected individuals in proportion to each such
individual's Compensation as detern-iined prior to the Application of*the dollar limitation.
2.11 "Credited Service" means Prior Service plus Mcnnbership Service. Ira member
terminates employment because of becoming totally and permanently disabled from job-related
causes and takes a disability retirement or is receiving long term disability or workers'
compensation prior to normal retirement, the nlenlbcr will receive service credit toward
retirement benefits for the total period uf'disability until normal 1'etirelllc:llt age is reached.
2.12 "Effective Date" means February 20, 1947.
2.13 "Eligible Child" means a person who;
(a) is a living, natural, adopted, luster or stepchild ofa Member;
(b) is both single and princillally depcnLlcnt on the Member for economic
support; and
(c) has not reached his 19th birthday;
provided, however, that no more than the youngest three 01' such living children will be
considered Eligible Children at any one times
2.14 "Eligible S xluse" means that surviving spouse to whom a Member either:
(a) is married on the (late. the Member (or his survivor) becomes eligible to
receive a Disability Benefit under Article V1, a Duty Death Benefit under Section 7.1, or
a Nonduty Death Benefit under Section 7?; or
(b) has been married 16r at least I year on the date the Member becomes
eligible to receive a Retirement 13cnetit under Article 'TV or a Termination Baleflt under
Article V;
whichever is applicable.
2.15 "Fire Dclpartnlent" means the Fire Department ofthc City.
2.16 "Firefiglttet" means any officer or employee of the lire Department employed for
the purpose of fire suppression, but not <my emploved in a clerical or janitorial capacity. The
term will, however, include all persons originally employed for fire suppression duties, and who
actually performed such duties, but for various reasons were transferred to other divisions of the
Fire Department. In case of doubt as to whether any person is a Firefighter within the meaning
of this Plan, the decision of the Board will be final.
2.17 "Firefighters' Retirement Fund" or "Fund" means the trust fund established
pursuant to Article X.
2,18 "Member" means a member of the Plan, as defined in Article 111.
2.19 "Membership Service" means service as a Firefighter rendered while a Mcmber.
2.20 "Plan" means the pension plan embodied herein, as it may be amended from time
to time.
2.21 ".Plan Year" means the fiscal year ofthe City.
2.22 "Prior Service" means all service as a Firefighter rendered before the Effective
Date, but only if evidenced by a prior service certificate issued pursuant to Section 3.5.
2.23 "Regular interest" means illtel•cst at the rate of 3 percent per 11111LIIII, compounded
annually.
Article 111
ELIGIBILITY
3.1 Membership Requirements.
(a) Present Members. All Fircfigliters in service on the Effective Date will
become members of the Platt as of that date.
3
(b) New Members. All persons who become Firefighters or who reenter the
service of the Fire Department as Firefighters after the I?ffcetive Date will become
Members of the Plan as a condition of their cnlploynlent by the City.
3.2 Tccrinination and Restoration of Membership. Should any member with fcwcr
than 5 years of Membership Service he absent from service for more than 4 years, or he
discharged or resign from his employment by the Fire Department, he will thereupon cease to be
a Member and will forfeit all previous Mcnlbership Service; provided, however, as follows:
(a) A Member who has resigned may be restored to merllbet-ship 111 the Plan
without loss of previous Mcnlbership Service if' the following conditions have been
performed or have occurred:
(i) The resignation is set aside and the Member is restored to active
duty by order of the Chief of the Fire Department within 90 days of the date of
the resignation:
(ii) The Member has not withdrawn his ACCUIiI.Ilated Contributions;
and
(iii) The Member pays to the i'und, at the time of his return to active
duty, the SLI111 of all Corltritrutions he WOUld ha%,c made purSuant to Section 10.1
had he not resigned; and
(b) A Member who has been discharged will be restored to membership in the
Plan without IGSS of previous MCnilbcrship Service if the following conditions have been
performed or have occurred:
(i) The discharge is set aside, and the Member has been restored to
active duty by
(A) order of the Chief of the Fire Department within 90 days
alter the date of the discharge,
(B) order of the Mayor or City Administrator, or a decision of
the Arbitration Board as provided by work agreement,
(C) judgment of a court oi'coinpetent jurisdiction;
(ii) either
(A) T'he Nlcnlbcr has not withdrawn his Accumulated
Contributions; or
(B) The Member repays to the Fund, at the time of his return to
active duty, all Accumulated Contributions he has withdrawn: and
4
(iii) The InCmbcr repayS to tilt: Fund, at the ti111C of hiS return to active.
duty, the 511111 OC all contributions he wollf(1 have made pursuant to Section 10.1
had he not been disehc.u'gcd.
The failure of a Mernbcr to repay, at the time he is restored to active duty, the contributions
withdrawn and/or omitted during the interval of his absence from service will deprive him of all
Membership Service rept•csented by such contributions, hl no event will a Member lose credit
for Prior Service.
3.3 Termination of of Absence. Should any Mcmbcr, after the
Effective Date, be absent by authority of the Chid c.i1'the Dire Department, due either to military
service or to a temporary leave of abSC11CC, he will not, bCeaUSC of SIICh absence, cease to be it
Member. If the service of any Member is tcrnlinatcd fbr any reason other than those described
in the preceding sentence, Ile shall thereupon cease to be a Member.
3.4 Credited Service a wiI RCCriI llc��vilicnt. Provided such Mcmbcr elects within 3
years after reemployment, a Member who resigned or was discharged, who withdrew ilis
Accumulated Contributions, and who thercl)y forfeited his Membership Service will receive
credit for his previous MCnlhCrship Service it' the again becomes a Menibcr and remains
employed for at least 2 ConsccutivC ycal'S tIlCrcaticr.
Upon such election, the Member shall repay in one funip sum all Accumulated
Contributions withdrawn, plus irltcrCSt calculated li•oul tilt date of withdrawal to the date of
repayment at it rate: equal to the avcl'agC CarningS 01'thC Fund bC1WCen SUCK dates.
Members rehired prior to the date of execution hereof who have been reemployed at least
2 years must exercise the election herein provided within I year after such execution (late.
3.5 Member's Service Record.
(a) Prior Service, Undcl' such rl11Cs and regulations as the Board of Trustees
will adopt, cacti Member who was a Firelighter oil or befbre the Effective Date and who
becomes a Member within one year from Such date, will file a detailed statement of all
service as a Firelighter rendered by him prior to that date fin' which he claims crc(lit.
(b) Credit For Service. The Board will determine by prt'oper rules and
regulations how much SCrVICC in any year is CquivalCnt to one year of service, but in no
case will more than one year of Service be credited tier all service in any one calendar
year, nor will the Board of'i rustCCS allow credit ',IS Prior SCrViCC 101- any period of more
thall One 1110I1tll'ti dlll'a11011 dlil'lllg whlCh the NIClllllel' was absent without pay.
(c) Verification of, Service Claim. Subicct to the above restrictions and to
Such other I'uleS and regulations as the 13001-(1 of "I'rustCCS May adopt, the Board of
Trustees will verify the service claim as Scion as practicable after the filing of such
statement of prior service.
(d) Prior Servicc Certificates. Upon verification of the statements of prior
service, the Board of 'Trustees will issue prior service certificates, certifying to each
5
Member the amount of Prior Service with which he is credited. So long as the holder of
such certificate continues to be a Member, a prior service certificate shall be final and
conclusive for retirement or pension purposes as to such service; provided, however, that
any Member may, within one year fi-onl the date of issuance or modification of such
certificate, request the Board to modify or correct his prior service certificate, and upon
such request, or on its own motion, the l3oard may correct such certificate.
(e) Determining Credited Service. 0-cditcd Scrvicc at a Member's retirement
or other termination of employment will consist of the Membership Scrvicc rendered by
him since he last became a Member, any previous Mcnlbc►•ship Service to which he is
entitled pursuant to Section 3.4, and his Prior Service.
At-ticle IN'
RE'TiREME?N"T BENEFITS
4.1 Retirement Benefit.
(a) fai ig_bilitx. A. Member will receive a Retirement Benefit under the Plan if
he meets the following requirements:
(i) lie terminates his enlploynlcnt with the City; and
(ii) either
A he has coal letcd at (cast 24 cars ot'C.'redited Service• or
( ) p Y ,
(B) the sum of the member's age and the member's years of
service is no less than eighty(80)
and
(iii) his last 2 years of'(rcclitcd Scrvice were e:onsccutivc; and
(iv) it' tile Member first became a Firefighter after November 1, 1989,
the suns of his or her years elfservice added to his or her age is no less than eighty
(80) or the member is at least 55 years of age and has completed 24 years of
credited service, whichever conics first.
(b) Benefit. A Retirement Benefit will consist of a life annuity under which a
Member receives monthly payments equal to 60 percent of his Average Final
Compensation, and will aCCI'l1C from the Mcmber's retirement date.
(c) Extended Duty Benefit. In addition to the Retirement Benefit provided in
subpart (b) hereof, a Member shall receive an Extended Duty Benefit fi)r full years of
service above 24 years. The Extended Duty Benefit shall be an amount equal to 2.5
percent of a Member's Average Final Compensation liar each additional year, but in no
event shall exceed 25 percent ofa Member's Average Final Compensation.
6
(d) Duration. The Payment of a Retirement Benefit will commence as soon
as administratively practicable after a Member's retirement date, and will ter uinate upon
payment of the anloLant payable on the first day of the month in which the Member dies.
Any application for a Retirement Benclit must specify a retirement (late not fewer than
30 nor more than 90 days titer the date the application is filed. it'the Member's service
has been discontinued during* the notification period, he will nonetheless be retired as of
file date specitic(l.
Article V
TE,111M1NAT10N BENEFITS
5.1 Tcrnlination Benefit.
(a) l?il . Any Member not eligible to receive the Retirement Benefit
described in Section 4.1 will receive a 'Termination Benefit under the Plan, ii' he meets
the following requirements;
(i) Ile telmillates his elllploylncnt with the City; and
(ii) has completed at least 10 years of Credited Service.
(b) Benefit. A Termimition Benefit will consist oft life annuity under which
a Member receives monthly paylllellt.s equal to 2.5 percent of his Average Final
Compensation, multiplied by his years of Credited Service, up to a maxinlunl of 24 such
years, and will accrue front the Member's 60th birthday.
(c) Duration. T11C payment 01"11 Tcrnlination Benclit will commence as soon
as administratively practicable after a Member's 60th birthday, and will terminate upon
payment of the amount payable on the first day of the rllonth in which tile Member(ties.
Article Vl
1)1 S A 111 U,ITY 11EN1?FITS
6.1 Duty Disability Benefit.
(a) Eligihilily. A vlenlbcr will rccei\,e a Duty Disability Benefit if" he is
permanently and totally disabled (as defined in Section 6.3) by an injury or disease
occurring in the line ofc.ltlty.
(b) Benefit. A Duty Disability Benefit will consist of monthly payments
equal to 60 percent of-' a Member's Avc ige i in al Compensation, plus an additional 5
pc►•Cent of such Average Final Compensation fear each Eligible Child. This benefit will
accrue from the determination of'permancnt and total disability.
(c) Duration. PaylllCllt of a Duty Disability Berlclit will commence as soon as
administratively practicable after a determination of permanent and total disability, and
7
Will terminate as provided in Section 6.5 or upon pu.N'rnent 01'111e anwunt payable on the
Agmllh 40 lust day of the month ill which the Member dies.
6.2 Nonduty Disability Benefit.
(u) Eligibili y, A Member wil! receive a Nunduty DiS,'Ability Benefit if he has
completed at least 5 year's of Credited Service and is permanently and totally disabled (as
defined in Section 6.3) by injury or disease not occurring in the line of duty, but while
still employed as a Firefighter.
(b) f3enctit. A Nonduty Disability licnefit will consist of monthly payments
equal to 2.5 percent of a Member's Ayeragc Final C'onlpensation, multiplied by his years
of C'r'edited Service. in no event, however, will that amount be less than 25 percent, nor
more than 60 percent, of the Member's Average Final ('onlpensation. That anloltllt Will
be increased by 5 percent of thc� Member's Average Final Compensation for each 1?ligible
Child. This benefit will accrue from the (late of the (leternlnla(ion of pernlancilt and total
disability.
(c) Duration. Payment of a N011(10 1 Disability 13ene1it will conlillence as
soon as administratively practicable after a determination of pen--anent and total
disability, and will terminate as provided in Section 6.5 or upon payment of the amount
payable on the first clay of'thc month in which the Member (lies.
6.3 Determination of Disability. A Member will lie deemed to he permanently and
totally disabled when he is in a state or condition of(usability which prevents, presumably for
the rest of the Member's lifct.inle, his performing the duties of a Firefighter. Such disability,
whether duty or nonduty, rnust not have been contracted, suflcred or incurred while the Member
Was engaged in, or result from his having been engaged in, a criminal act or enterprise, or result
from habitual drunkenness or addiction to narcotics, or from self-inflicted injury, or from
disability incurred while in the service of the Arnlcd forces of the United States or of any
foreign country. The Board will determine in its sole judgment whether the status of�pernlancnt
and total disability exists, and its determination will be binding and conclusive, in slaking such
determination, the Board will consider the written findings of a physician selected by the Board.
The Member may, at his own expense, provide a written opinion to the Board from a physician
of his own choice. The Board reserves the right to seek the written opinion of additional
physicians selected by the Board, where deemed appropriate. The expense of any examination
required by the Board Will be paid by the Fund.
6.1 Medical f:xanlination.
(a) Biennial Examination. Unless the Men'Iher is otherwise; entitled to an
equal or greater bdalelit under another provision of this flan, any Member who is
receiving it Disability Benefit must undergo at least a biennial medical examination at a
place designated by the Board. The examination will be made by a physician designated
by the Board. The Board may waive the requirement of it medical examination for a
period of up to four consecutive years.
8
(b) Other Examinations. When the Board has reason to believe that any
AOL Member who is subject to the biennial medical examination requirement set fatill in
subsection 6.4(a) may no longer be permanently and totally disabled, the Board may
require the Member to undergo up to three medical examinations per Plan Year, in
addition to any biennial examination described in subsection 6.4(a).
(c) Waiveable After Normal Itetirenlent Ate. When a member who is subject
to the bientl►al medical examinatio►1 reglltrements sct lbrt}t in subsection 6.4 (a) reaches
normal retirement age, the Board may waive the requirement of future medical
exa11 inatloll.
6.5 Cessation ot�Disahilify Benefits.
(a) Rcli►sal of_Fxanlinalion. A Disability Benefit will cease to be paid to any
Member who is required to undergo a medical cx(aminaturn and refuses. Benefit
payments will not resume until tilt Member submits to tilt; cxamination, if the Member
refuses to submit to all cxamillatioil for one full year, the Board may revoke all of the
Member's rights in or to any Plan bcncfit.
(b) Termination of Disability. If any Member who is subject to the biennial
medical examinatimi rcgl.ilremellt set fi rth in subsection 6A(a) is IbUnd by the Board to
be able to perform his duties, his Disability Bencfit will cease.
Article ill
® DEATH BENEFITS
7.1 Duty Dcath Bencfit.
(a) Eligibility. A Member's Eligible Spouse and Eligible Childrell will
receive a Duty Death Benefit i f the Member (lies ill the line of duty.
(b) Benefit. A Duty Dcath Benoit Will consist of monthly payments to a
Member's Eligible Spouse equal to 50 percent of' tile. Member's Average final
Compe1lsatlon, plus monthly payments to each of a Member's Eligible Children equal to
10 percent of the Member's Avera„e Final ('0111IMisat1011. This benefit will accrue from
the date of the Member's death.
(c) DUration. I ay,Tnent of a Duty Death Bcnclit will CO111111('nce as soon as
administratively practicable after a MCllll)er'S death, and will terminate as provided in
Sections 7.4 and 7.5.
7.2 NondutyDeath Benefit.
(a) E11 hility. A Mcniber's Eligible Spouse and Eligible Children will
receive a Nonduty Death Benefit if the Member (lies outside the line of duty, but while
still employed as a Firefighter.
9
(b) Benefit.. A Noncluty Death Benclit will consist of Monthly payments to a
Member's Eligible Spouse equal to 2 percent of the Member's Average; Final
Compensation, multiplied by his years of C'reditcd Service. In no event, however, will
that amount be less; than 25 percent, nor more than 50 percent, of the ivicnlber's Average
Final Compensation. A Nonduty Death Benefit will further consist of'monthly payments
to each of a Member's iligible Children equal to 5 percent elf the Member's Avcr'agc
Final Compensation. 'Phis bcncf it will accrue from the date of the Member's death.
(c) Duration, Payment of a Noncluty Death Benefit will commence as soon as
administratively practicable aficr a Member's death, and will terminate as provided in
Sections 7.4 and 7.5.
7.3 Retiree Leath D3cnelit.
(a) f 1i �r�;bility. A Mcmbcr's FIiVjbIC Spouse and Eligib)C Children will
receive a Retiree Death 13enclit it' the Member dies while properly receiving a
Retirement, 'Termination, or Disability f3enclit under Articles IV, V, or VI, respectively.
(b) Benefit. A Retiree Death Benefit will consist of monthly payments to a
Member's Eligible Spouse equal to 50 percent of the monthly benefit being paid to the
Member immediately prior to his death, plus 111011tllly payments to each of a Member's
Eligible Children equal to 5 percent ol'lhc Mcnlher's Average final Compensation.
(c) Duration. Payment of a Retiree Death Bcnefil Will commence as of the
first clay of the month immediat'dY 10110\4'111!! n Member's (ieath. 1111(1 will terminate as
provided in Sections 7.4 and 7.5.
7.4 Termination of Benefit U11on Renlal4ri,Lg . Any Death Bencht being paid to all
Eligible Spouse who remarries will terminate upon payment ol' the amount duC ell the first (lay
Of the 111011th in which such remarriage occurs. Such remarriage will not i f6ect any Death
Benefit then being paid to any Eligible Child.
7.5 Child's f3enefit it' no 1;1,igi12le St) ouse. It' a Member (lies, leaving no Eligible
Spouse, or if ,I Member's Eligible Sp(Ausc subsequently (lies, any Death Benefit Otherwise
payable (but IM the spouse's (Icath) to such spouse will be allocated C(qually among the
Member's Eligible Children. Solely lily purposes of this Section 7.5, there will be no limit on the
number of a Member's Fligible Children. The full Death Benutit otherwise payable to the
Member's Eligible Spouse will Continue to be reallocated among the MCI11bCI''S Ldigiblc Chil(lren
until the Member no longer has any iligiblc C'hil(h•Crt. The last such Eligible Child will thus
receive the full monthly Death Benclit otherwise payable to the Member's spouse, plus any
Death Benefit payable directly to Such [aigihle Child in his cnpilcity as such.
7.6 Deterred Death Benefit.
(a) Eli gilt lilil . A Member's I?Iii;ihlc Spouse and FliDliblu Children will
receive a Deferred Retiree's Survivor Benefit if the Member (lies alter satisfying the
requirements for a 'Termination Benclit under Article V, but prior to receiving any
portion of that Benefit.
10
(b) Benefit. A Delerrcd Retiree's Survivor I3cnclit will consist of monthly
pay ncnts to a NICnlbe°s Fligiblc Spouse Cyual to 50 perccr►t of the monthly benefit the
Member would have received as a TCrnlinution 13CIM11, I)IUS Monthly p.IVlllelltS to carp
of a Member's L:ligible Children equal to 5 percent of' the Member's Avcrage Final
Compensation.
(c) Duration. Paymew of a Deferred Retiree's Survivor Benefit will
C011llmcncc Hs soon as administratively practicable aficr the Melllbel. would have attaincd
his 150th birthday, and will terminate as provided in Section 7.4 and 7.5.
Article VIII
B NE.FI I' 1,111'll'haTIONS
8.1 Section 415 Limitations. Ili no Cvcnt will the henetits payable undCr the Plall
exceed the limitations applicahlc to the flan under Cole Section 415 111d the rcgulutiOlIS
promulgated thereunder, the provisions of which are incorporated herein by reference. If
benefits payable under any provision 61' 1110 flan WOUld Cxcced Such IinlitationS, then
notwithstanding any other• provisions of the flan, Such 1)e11ef11S Shall he rCduccd to 1110 eXtelt
necessary to CtlSUrc th,'lt such limitations arc not CXCCCdc(l., provide!, however, that if any
Member's hcneflts under this flan, in combination with benefits provided un(fer any other plan
maintained by the City, would Cxcecd such limitation~, then the benefits provided under this
Plan will be reduced as provided in Section 8.3 and only to the extent necessary after benefits
under all other plans have been reduced to the nwxinlmm cxtcnt possible.
+ +
8.2 Current Accru(,(1 Benefit Nut__ik l�ti,o(.d. N(ltwitllstundinL; th(, provisions of
Section 8.1, the adiusted n IN1111urll pe•missiblc amount Will not be less than a Member's "current
accrued benefit." A MellbCl•'S Cu1-1•cnt accrued henclit is a Nlcnlhcr'S accrued bcnCfit under the
Plan, determined as if,the Member had Separated from service as of December 31, 1086, when
expressed aS an annual benefit within the nlcuning of('ode Section 415(h)(2). In. determining
the amount of a Member's Current accrued hcnetit. the lollowing shall he disregarded: (i) any
change in the terms and conditions of' the Plan al*tcr May 5, 11)86; and (ii) lily cost of living
adjustments OCCUrring att.cr May 5. 1080.
8.3 Combined L.in_Iitltions. IC any Member is ,I participant undCI' a Defined
Contribution Plan maintained by the City, the suns Of' the Defined Benefit flan fraction fi)r I
Plan Year and the Defined C'611tl'ibllti611 flan Fraction tier that year will be no greater than one
(1.0). 11'11ccessary to s;Itisly the limitation Set 161'111 Ill the 111'CCC(Iillg SCIIMICe, (he annual pension
payable under INS Plan will he rcducc(l. The terms "I)Clincd 13010it Plan." "Defined Benefit
Plan Fraction," "Defined C6ntrihuti(n1 flan," 111d "IMincd Contribution flan fraction" will have
the nlcanirlgs given thCnl under Code Sections 415(c) and 415(k) and any rCgulati6nS
pr'olllulgatcd thCreull(1Cr, the provisions ol'which are incorporated hcrcill by rcle•ence.
Il
Adicle IX
13'T11 C:I ECK PltOGRANI
(1.1 Reserve. The Board of Trustees will establish a reserve, (the "13th Cheek
Reserve"), to be funded as provided in Section 9.2, fin• distributiOtl to members who retired prior
to the 2004 Amendment Date, and to those member's beneficiaries pursuant to Section 9.3.
9.2 Fun(tilig. The Board will credit the 13111 Check Reserve with the following
amount:
(a) One half of the excess, if any, of the rate of'return on the actuarial value of
Fluid assets over 7.5'%,, multiplied by the ,actuarial present value of benefits being paid to
Members and Beneficiaries, both as reported in the Plan's annual actuarial valuation,
where the rate of return is determined by dividing the Fund's interest earnings for the
Plan Year by all a11101.111t equal to one half of the hollowing suns: the fund's value is of
the first day of the Plan Year, plus the F'und's value as of the last clay of'the Plan Year,
less the fund's interest earnings fior the Plan Year; and
9.3 Distribution. As soon as administratively practicable after the close of each Plan
Year, and subject to the provisions of Article XIV, the Board shall distribute any balance ill the
13i1' Check Reserve which is in excess ot'that rcquircd to ►llaintain the actuarial soundness of the
Platt (tile "Distributable Amount") to those persor►s then receiving betel itS Wiener the Plan
("Recipients"). 'file Distributable Amount. will be distributed to 1Z(!cilkllts in Sill& 1111111) sums
and ill the amounts determined under the following formula:
Distributable Amount x (RMB divided bti, 1(IQ _MR
(TM 13 divided by 100) -1 TYR
where RMB represents a Recipient's monthly henCllt under the Plan; TM13 represents the total of
all Recipients' monthly benefits; MR represents the number of mull or partial months from the
date of the recipient's benefit commencement (or in case of a Rctircc Death Benctit, from the
(late on which the preceding Retirement, Termination, or Disability Benefit Coil)ill enced); and
'fYR represents tie total of all such years fir all Recipients.
9.4 Contingent oil Board Ahllroval. Nothing in this article shall be construed as
re(luiring the Board to make a distribution at any time when the Board, in its sole discretion,
11C1iCVCS that such a distribution would not he in the hest interests of the immediate or loilg terill
interests of the fund or ofthis Reserve.
Article X
FUNDING
10.1 Pick-u11 Contributions.
(a) Contribution by Members. As a condition of employment by the City,
each Member will be rcquircd to contribute an amount e(lual to four percent (4%) of the
12
Member's Compensation to the general Fund of the plan, beginning cell the 2004
Amendment Date.
(b) Contribution hy_C_ity. The City, pursuant to the provisions of Cock
Section 414(h)(2), will "pick up" and pay the contributions that would otherwise be
payable by Members as prescribed herein. The contributions so picked up will be treated
as employer contributions for purposes of dCternlirling the amounts of federal 111d state
inconle taxes to withhold from the Member's C'ompcnsati oil.
(c) i)cduction From From Conimnsation. Member contributions picked up by the
City will be paid front the same Source of*Funds used for the payment ot'Compensatioil to
a Member. A deduction will be made from each Member's Compensation equal to the
amount of the Member's contributions picked up by the City, provided that such
deduction will not reduce the Member's C'omllcnsatiOil ii)r pLU•poscs of computing
benefits under this flan. 'Flic deductions providcd for herein will be Made even though
Li1C illini111L1111 COI IMISatrllll payable to each Menlbcr as provided by ordinance will be
reduced thereby, and each Member will be deemed to Consent to the dedLICttollS so Made
and provided for herein. Payment of a Member's Salary or compensation less such
deduction will be a fill) and complete discharge of all claillls and demands whatsoever for
services rendered by such Member during the period covered by suc}l payment, except as
to benefits provided under this Plan.
((l) Withdrawal by Members. Any Member not eligible to receive any benelit
Under the Plan May, 1.111011 his termination of'erllploynictlt with the City, withdraw all or
® any portion of his Accumulated C.'ontributions. Except as provided in Article Ill,
however, a Member who withdraws any portion of his Accumulated Contributions will
forfeit all Membership Service earned prior to that withdrawal. Accumulated
Contributions will be diS(ribu(ed as sown as administratively practicable after a Merllber's
proper written re(Iuu,t therefor.
10.2 Composition of Fund. In additicnl to the C011triblltiollS 111MIC i)Llr•5uallt to Section
10.1, the firefighters' Retirement Fund will consist ol,dic i6l1owilig:
(a) Qift_ s,grants, ctc. All money that may he given to the [hoard or the Fund
by any person tor• the uses 111d purposes for which the I"und is created. The Board may
take by gift, grant, devise or huLlucst ally money, personal properly, Will CStatC or interest
therein, or any right of prol)crt_y; and any such gift, grant, devise or bequest may be
absolute, in fee Silllpl(', or• upon condition that only the rents, income or profits arising
therefrom will be applied to the purposes li)r which the Fund is established.
(b) Dees, Rewards. F.tc. Paid to F'irc 1)cparttmei>_L All rewards in rlloney, fees,
gilts and endowments that may he paid or given for or on account of extraordinary
services by the Fire I)epartnlent or any Member thercol, cxc:ept when permitted by order
of the Board to be retained by said 1Ivlcnlbci-.
(c) Receipts from Proj!c.ay Jax. TI1c pl-0(XCds ol' up to one mill levied on
each dollar of the value of all taxable property annually assessed in the City, as such
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assessment appeal's on the taX dllpliCatC. SlICII Slllll will he Set aSidC i111d Il AIC II Iltll't 01'
the FL111(I, and will nut be used li+l• or devoted to ally purpose other than herein specified,
(d) C'i(y_ 'oi�trihutic►I1S. Colttribulions made by the City in amounts necessary
to nl(lllltalll (11C ilCi1.1,11 ,11 sollildlicss of,the 1�Ii111,
I0,3 5 JX. jeW OIl (W R dLICliOII 01,J)n el-ty'I',ix., If' the Board determines (hut the Fund
is adequately funded to salisfy all claims for hencfits and all anticipated claims for benefits 1001.
any given 1'1,111 Year, the City Council, within its discretion, will have the right and power to
suspend o- reduce the propcl'ty tux dCSCI'ibCd in subsCCtion I 0.2(c).
Article X11
DIRECT ROLLOVI?RS
11.1 Direct Rollclvcrs. This Article ilppliCS to (listrihutions made ()It or llltCr January 1,
1993. Notwithstanding any prom ision of the flan to the contrary that would othcrkvise limit a
"distl'ihlltCC'S" cicction, a diS1t'ihl11CC play CICCt, ;it the time and in the nlanrlCI' prescrihCd by the
Plan Administrator, to have any portion of an "eligible rollover distribution" paid directly to all
"eligible retirement plan" specified by the distributes in a "direct rollover."
11 .2 DCOInitions, VOI' purposes of this Articic, the 1i011owing [trills shall have the
meaning ascribed to them below:
(a) An "cli Tilerolluvcr disnihutiuit" is any dktrihution ol'all or any portion of' thu
balance to the credit of the disU•ihutCC, cxcCpt that an eligible 1•0ll0Vel' clistrihutioll does not
include: any (IiSll'ililltloll that is one ofil series ol'suhstantially Cqual periodic payllients (not less
Ii•equently than annually) male for the life (or life expectancy) of the distribotcc or the joint lives
(or joint life expectancies) of'the distributcc and the diSII•II)LOCC'S (ICSlgllillCd I'MIC1i6,11-y, 01- lilt• a
specified period often years or more; any dist►'ibution to the Cxlent shell (IISII'Iblltloll is required
under Section =401 (a)(()) of'the Code; and till' portion of ally distribution that is not includihlc in
gloss income (deternliue(1 without regard to the exclusion liar net urlrcalii.ed aI1prcciItion with
-espCet to cnlpl(IyCI' securities).
(b) An "cligihic retirement p!,►n" is an individ(I Il retirement ac(:ount dcscribCd in
Section 408(a) of the Code, an ill(livi(Illal rctircn)Cnl annuity deSel'ihCd in Section 408(h) of the
Code, an annuity plan (described In Section 40 3(a) of the C'odc, u1- it qualiIICd bust dcscl'ih(:d in
Section 4101(,1) (')1'the Code, that accepts the (I istril)Lit CC'S cliI,'ible rollover distrilcutioil. I I0\vCVCr,
in the case of'an eligible rollover (distribution to the survivinti spouse, un eligible retirement plan
iS all illdIVidUill 1'etll•CI11CIII i1CC011llt 01 llldiVidllal I•ctll•(:IIICIIl illtlllllm
(C) A "diStribuWL_" inelu(Ies it Fil•ctighter o- li+rnler href"11,11 :l'. In addition, the
Fil-Cf-1�111tCl''s or 1101-1110- Fil-ClIlyhtcr's surviving, spouse and the Fircfil;hter's o1- 1i1•111Cr Firclightcr's
spouse 01- li+rnler spouse who is the alternate payee under a qualiflcd dollicstic relations older, as
defined in Section =414(p) ol'the Code, are diS(ribll(CCS with rej;iu•d to the intCr0st ufthc spouse or
fiornlcr spouse.
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(d) A "direct rollover" is a payment by the Plan to the eligible rctir•enlent plan
specified by the distributce.
Article X1111
HOARD 01' "1'ltUSTIT'S, TRIIST
12.1 Board of"l'rUStees. The I`irClighlCrs' Retirement Fund will be under the eXClusivc
management and control of the 130a1-d 01'Trustees, which will transact all its bl1SII1eSS and hold
all its nulney, sCCLII-itics and other property in the name of "The Board of` �TI-LIStCCS of the
hirefighters' Retirement Fund." The Board Will consist of the City Administrator ol• the City of
Jefferson, the City Finance Director, the C Chid' OV the Eire DCpartnlerlt, three nlenlhers chosen
From the citizens at large (appointed 161. three-year terms by the Mayor, with the consent and
approval of the City (.'01.11161), and three rncnlher;s ol'the lire I)eparimerlt (dieted fi>r three year
terms by the members thercol', such elections to be held on the lirst Monday in .tune of each
year). The !twee cilizens at large will be appointal fi'onl a IN ol' at ICI.it three individual:; pc►'
position. The list will be !lu'rlished to the i/Iayor by the Board. Any person appointed to the
Board its rl cit.i%crl at large will have a backi-round ill it flcid of endeavor ivlevallt to pension
plans and will have no personal pCCUrliary inturCSt, CithCI' present or potential, in the Fund. The
terms of the nlcrnbers appointed by the Mayor and the members elected by the Dire Department
will be staggered. The nwnlbel:s of the 130n1-cl will scrvc without compensation. The
compensation of all 11c1-sons engaged by the Board, and all other cxpCnses of the Board necessary
filr the operation of the Plan, will be paid at such rates and in such Mn►ounts as the hoard shall
approve. The nlenlbcrs ol'the Board will meet annually to elect one of their nurllbcl• chall'111Qn.
Thcy may also elect such other officers as they dcCrll necessary. The C'hict• of the lire
Department will serve as secretary ol'the Board. ,Hic Board will makc and adopt such bylaws,
talcs and r'cgulations tier its 1;uidance and 1161. the operation ol'the l Lind as it may deem advisable.
1'x.2 1"unrf CvstOdiail. '['lie City l"inancc Director will be custodian (tile "Fund
Custodian") Of all nloncy, securities and other property of the Fund, sub,jCCt to the control and
direction of'thc Board. As prescribed by the 130;11•d, the Fund Custodian will keep separate books
and complete accounts of the lured. "These will iIICludC an individual ICCOUnt 10i. each Member,
reflecting contributions made pu►suant to 5eetillrl 1 U.1, together with earnings thereon (i.e.,
"ACCll111ll1rl(eel Contributions"). '1110C hooks and accounts will at all links be suhjcct to
inspection by the Board or by illy of its members. The land Custodian :will be liable to the Fund
Oil his bond CXCCUtcd to (lie City as 1•illanee Director of the ( ity of Jefferson, Missouri, fir all
his acts concerning the I'lrnd. On the expiration ol' his term 01*0I11CC, the fund Custodian will
deliver to his sercccssor all a ICNI)CnlCd nloncy, secul'ilics, hooks, records, and other property
which Illay have collie into his possession as fund Custodkill.
12.3 l_c tal Advisol', The City C'ounsclor will he lCg ll advisor to the Board.
12.4 Tr•L1St. The Board will have the CXClusive control 01'111C CXpCnlltul'C and invcstlncnt of 1111
money collected Im and deposited to, or appropri'lled to the credit of', the fund, and of the
supervision, care and custody of the fund. All nloncy received filr the Fund will be deposited
initially in the City treasury to the credit 01'111C 1 111 d, will bC held in trust, will be kept separate
15
and apart From funds of the City, and \will be drawn upon by the Gland Custodian only oil proper
authorization.
12.5 howe'S 'Ind ,_hies�)f' Board. The Board will have the following Dowers and
duties:
(a) In VCStIllellt0ftund Assets. In its discretion, the Board will invest and
rclnvcst all asset; of the I'mid, in excess of a Sall operating balance, In any investments
not I)rohihitcd under the laws of the State of Missouri. No nlcnlber or employee of the
Board will have any interest in the acquiring ol• disposing ofany investment.
(b) ActuarialData; LcjjQ_.t. The Board will keel) in convenient li,rnl such data
as will he necessary lilt actuarial evaluation of thc.� Dunce and li►r checking the experience
of the flan. The Board will slake an annual actuarial rcl)ort to the City C'ollllell stating
the condition of the Fund, the VariOLIS SLIMS 01 111011ey r.lcl)usitCd to the I"und, how much
money has been expended fi•onl the I"und, and li)r what purposes with such statistics,
information and suggestions as the Board may deem of general interest. All portions of
the report relating to the receipt and expenditure of nlone.y will be verified by affidavit.
Thc Board may dctcrnlinc the manner and method of providing I)cncfits, the level of
bencGls, and any assessment against the wages of the Fircfightes necessary to maintain
the actuarial soundness of the flan, by and with the consent of'thc City Council.
(c) Administration and Arineals. The Board will make rules and regulations
fie the governance of its affairs, the administration of the flan, and the limitation of the
tulle withill which claims may he lilcd. It will have cxclusivc jurisdictio►l 01' all
retirement claims, benefits or rdunds. It will hold hearings and take and preserve the
evidence on all disputed matters. The evidence, record and final finding and decisions of
the Board will be subject to review and reversal only by the Board. The Board will have
tile. authority and Dower to interpret and construe the Ilan and to decide any and all
matters arising hereunder, incluilint, the adnlnlistrativc discretion necessary to determine
whether an individual sleets the P Ian's written eligihility rcyuirclnentS, and to interpret
any other term contained in this Ilan doeurl)elt. The interpretations and determinations
ofthe Board are binding on all Members, retired Members and 13cnckciarics.
12.6 Vacancies.
(a) j►lfe_CIIII Replacuineilt. IF any elected Board mcniber position becomes
vacant, a replacement Board nlenlbe' Shall he elected during the no1•111,11 nlcnlbership
election Ibr that year, at which tin)c the newly elected rel)lucenlent Board nlcnlbcr shall
in1111cdiatcly assume office aS soon as result~ of the eleclion arc avaiI lhIC. The Board
may with a two—thirds vote appoint an interim Board member to serve until the results of
the election.
(b) I'�rm�lncnt_ltchlac�l>1�nt. Any elected Board positions that are vacant or
have acting 111C11111beI1tS Shall be added to the ballot for the next v,clicral election to select
permanent Board members to fill the unexl)ircd ICI-111.
16
Article till)
ADMINISTRATIVE i'ROVISiONS
13.1 AjXllication tier Renclits. d. An application for Plan benctits or request tier
withdrawal of' Accunlulated Cont•ibLltiorlS must be filed with the Board of 'I'I•ttstees on a term
provided by the Board fin• that purpose.
13.2 AssiUnmcrlt and . Alienation of I3cncfit!.. None of the benefits, paynlerlts,
proceeds, claims or rights of any klember or Beneficiary llCrClllldCr will be suhject to any claim
of any crcclitor uf' the Me:rllber or Beneficiary, nor will any Member or 13cncliciary have any
right to transfer, assign, encull)bcr or otherwise alienate any of the benefits or proceeds he Inay
expect to receive, contingently or otherwise, under the i11an.
13.3 paynu(nt to Incompetent Persons. t:very person receiving or claiming a benefit
under the Plan will be presumed to he mentally competent and of age until the Board receives
reliable, written notice plat such person is a minor or otherwise incompetent. Payments
otherwise due a minor will be paid to any custodial parent of such minor. Payments otherwise
due any other incompetent person will be paid to the guardian, conservator or other legal
representative o1'suC{1 person, In the event that the Board is unable to locate a parent, guardian,
conservator or other legal representative of an inconlpetenl person who is otherwise entitled to
payment under the Plan, such payment will be made to the individual determined by the Board to
have assumed financial responsibility tin• the cafe Of SLICII I)Cl'.1;1111. 13eiore the initial payment is
made to an individual designated u) this Section 12.:3, the miner or other incompetent person will
be notified of the Board's Intent to makc SLICIl paylllCnt tO that Other individual. Any payment of
a benefit in accordance with the provisions of' this Section 13.3 will be a complete discharge of
any Further liability to make such payment.
13. 1 Unclaimed Checks. If the Mcrllber or f3crlcllclary to whom a benefit is to be
distributed cannot be located, and reasonable ctTorts have been made to find hinl, including the
sending of notification by certified or registered mail to his last known address, the Board may
direct the Fund Custodian to distribute the benchts in llucStion to an interest-becu•ing savings
account established in till: name of,sllch Member or Beneficiary.
13.5 False Statements, Any Member who, upon entering the lire Department, makes
any misstatement of ill isrepresentatioil as to physical Colldltlorl or any tllldCl•statelllerlt of age
shall, for the Member and the Member's spouse; and dependents, lot•leit all rights to participate in
the benefits of the Plan.
No person shall knowingly or willingly make any false staten)cnt, or falsify or permit to
be falsified any record ofthc Plan, in an attempt to lli:ti•aud the P1,111 ati a resuft ofsuch act.
13.6 Gender and Number. In the construction ot'thiS Plan, the rnasctll 111 Shall include
the feminine and the singular the plural in all cases wI1Cl•C SLICIl InCarlingS woldd be appropriate.
1:3.7 Headings. The headings of articles, sections and paragraphs are inserted for the
40 convenience ofrcterence only and are to he ignored in any Construction ofthc provisions Ile1•eof.
17
Article XIINI
AMENI)iviEN'1' ANI) 'I'1.RMINA'I'ION
14.1 Intent to Maintain—Plan. It is the present intention of the City to maintain this
Plan throughout its corporate existence. Nevertheless, the City reserves the right to discontinue:
or terminate the Plan, to terminate the City's liahllity to nuke I'urthc.r contributions to the fund,
or to suspend such contributions fi►r a fixed or indeterminate period ol'time, but no such action
shall reduce any I)Cneflts accrued to the daft tlhercol'.
14.2 Amendment. To provide fbr contingencies which may require the clarification,
modification or amendment of'tile Plan, the City reserves the right to anrcncd the Plan at any tithe.
The City will not, however, amend the Plan in ally way that would deprive any Member or
Beneficiary of the right to receive his accrued benefit under the Plan (determined as ol'the first
day of the Plan Ycar lbr which the amerzdment is efTective), alter the basic; purpose of the Plan,
or give the City any rights in the fund. other than on termination of the Plan and after all
liabilities to Members and Beneficiaries have been nut or i i-ovicdel lm%
14.3 Plan Mcruer or ('o,>.solidati_on, In the Case okiny nrcrgel. or Consolidation with, or
transfer of Duty assets or liabilities to, any other plan, cash Member and 13cneliciary under this
Plan will be entitled to receive (if' tile surviving plan is then terminated) a benefit immediately
after the merger, consolidation or trunsfcr that is equal to or grcatcr than (he benefit he woulcd
have been entitled to receive immediately bdore the merger, Consolidation or transfer (it' this
Plan had terminated).
Article \V
R1,5'I'A'1'FNih.N'1'
15,1 Restatement. The li►regoing provisions of the flan represent a restatement, with
certain modification, ofthc P1;117 terms described in (lie fi►llowing ordinances:
(a) Ordinance No. 4883 -- approved FOWLIary 20.1 1 Q-17.
(h) Ordinance No. 5798 -- approved ,April 15, 1954.
(c) Ordinance No. 9-1,41 -- approved June 17. 1980.
(d) Ordinance No. I OQ87 -- approval I ehruary 2, l Q88.
(c) Ordinance No. 1 1333 -•- approved November 8, 1980.
(1) Ordinance No. 12020-- approved I`cbruary 7, 1994.
(ga Ordinance No. 121 17-- approved July 6, 1 1)94.
18
(h) Ordinance No. 12969 approved ALIgI.rst 18, 1999
(i) Ordinance No. 13201 approved Jurrc 5, 2001
(j) Ordinance No. 13074 - approval ,fanuary 14, 2004
In the event ofalnflict between the provisions ofthis restated flan and any of the ordinances set
florth above, the restated flan provisions will control.
15.2 EITective Date_, F,xccpt as set firth in Section 14,3, the provisions ol'this restated
Plan will apply Only to Members having at least one hour ol'ser•vice as a Firefighter on or afla
August 27, 1990, and to the Eligible Spouses and Fligihlc Children ol'sOrcll Members.
15.3 I"and Consultants. Any Mennccr, surviving spouse, or 1-1igible Child who is not
described in Section 14.2, but who otherwise is or hcconlcs cnlitled to a bCrlelit under the
provisions of'the Ilan as in eflcct prior to this restatement, "hall he employed by the Board as a
special consultant on the problems of retirement, aping, and other matters of concern to the
Board. Upon rcOluest of the Board, such spcc;ial consuhant shall provide his oral or written
opinions oil such matters. hl return liir these services, special consultants will he Co III
ifs follows:
(a) All special consultants will he entitled t- share in any distribution
described in Article I\ ("13th C'hcck Program")-,
(b) I?ligible Spouses will receive an increase in their monthly Death Benefit,
raising that amount from $100 to $300.
(c) Any Member receiving a monthly benefit of less than S300 shall receive
,Ili increase in that monthly benefit to $300.
Article X\11
COST OF LIVING INCREASES
16,0 Duch nlcnlher who retires alter tile, 200=1 Anlcndnlent Date, or the beneficiary of
5lreh nlembCl, shall receive n two hcrecnt (2'% ) incralse in the member's retirement allowance
on the first day of'tile month next f,ollowilig the anniversary date of'the member's rctirenlent and
an additional two percent (?°��), conlpoulldc(l, on the lirtit day of the month on each successive
anniversary date.
1�)
IN WITNESS WHEREOF, lljc City of Jefferson, Missouri, has caused this Plan to be
executed as of this day of—c: 2004.
ILI
P esiding Officer
ATTEST: API JR,()V Ell I nS '1'0 FORM:
City Clerk,,' ity Counselor
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