HomeMy Public PortalAbout20201008Packet.pdfMAYOR CITY MANAGER
Shirley Sessions Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Jay Burke CITY ATTORNEY
Nancy DeVetter Edward M. Hughes
Spec Hosti
Monty Parks
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
October 08, 2020 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Announcements
Approval of the minutes of the meetings of the Tybee island City Council
1. City Council Meeting September 24, 2020
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
Consideration of Approval of Consent Agenda
Public Hearings
2. Site Plan Approval to enlarge warehouse and add office space. 201 McKenzie Street,
LLC. Zoning C-2; PIN: 4002602011
3. Text Amendment: Amendment to Article 7, Tree Removal Regulations
Consideration of Bids, Contracts, Agreements and Expenditures
4. Georgia Municipal Employees Benefit System Defined Benefit Retirement Plan;
Amendment to Establish an Early Retirement Incentive Program
5. George Shaw: Septic to Sewer Fee Policy
Consideration of Ordinances, Resolutions
6. First Reading, 2020-20 (Draft), Article 4, Chapter 22, Section 22-110 through 22-112,
Noises
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Council, Officials and City Attorney Considerations and Comments
7. Barry Brown: Increase the amount Mayor and Council paid to GMA for retirement.
8. Barry Brown: Open Containers in Festival Zone
9. Monty Parks: Marine Science Building Improvements:
Security gate on East side to prevent entrance from beach crossover
Security gate on West side to prevent access to rear of building
Attractive temp/semi-permanent fence in front and around sides, removal of City
traffic control barricades
Front sign to identify the building
Upgrade indigenous plant exhibit placards
Minutes of Boards and Committees
10. Minutes, Planning Commission, September 21, 2020, Information Only
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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File Attachments for Item:
City Council Meeting September 24, 2020
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City Council Minutes, September 24, 2020
Consideration of Items for Consent Agenda
Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty
Parks, John Branigin, Barry Brown, and Spec Hosti. Also attending were Dr. Shawn Gillen, City
Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; and Janet
LeViner, Clerk of Council. Nancy DeVetter was excused.
Mayor Sessions listed the following items on the consent agenda:
Minutes: City Council Meeting, September 10, 2020
Agreement: City of Tybee Island and GMA: Telecommunications and Right of Way
Management
Ante Litem: Michael Lucas, Kathleen Flynn and other Similarly Situated Persons TO REJECT
Mayor Sessions called the regular meeting to order. All those present for the consent agenda were
present.
Opening Ceremonies
Call to Order
Invocation: Jan LeViner, Clerk
Presentation of Colors and Pledge of Allegiance
Recognitions and Proclamations
Mayor Sessions stated she would like to take this time to publically thank the Department of
Natural Resources and Georgia State Patrol who assisted Tybee with the closure of the beach
during COVID-19. Major Fobes and SGT Hattrich assisted in recognizing with the distribution of
Certifications of Appreciation.
Mayor Sessions stated she would like to recognize Ms. Cooper and Ms. Davis as they were
instrumental in depicting the history of Tybee Island on painted tiles. These tiles are now handing in
the hallway of the Burke Day Public Safety Building. She also thanked Sgt. Hattrich for building a
wooden display case. Polly Wylly Cooper and Joy Davis were not able to attend.
Barry Brown made a motion to approve the consent agenda. Monty Parks seconded. Vote was
unanimous to approve, 5-0.
Consideration of Ordinances, Resolutions
Resolution: HB 1203 Repealing Parts of Citizen Arrest Powers. Mayor Sessions stated Sen.
Gilliard is taking HB 1203 to the Senate Floor for a vote which would repeal Article 4 of Chapter 4 of
Title 17 of the official Code of Georgia. Mr. Hughes stated the Tybee Island Police Department has
reviewed the proposed HB which limits the ability of a private arrest and recommended it is not
appropriate for the City to support. Mr. Parks concurred and well as Mr. Hosti. Spec Hosti made a
motion to not support HB 1203. Jay Burke seconded. Vote was unanimous to not support HB 1203,
5-0.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous to
approve, 5-0.
Meeting adjourned at 7:35PM.
______________________________
Janet R. LeViner, MMC
Clerk
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File Attachments for Item:
2. Site Plan Approval to enlarge warehouse and add office space. 201 McKenzie Street, LLC.
Zoning C-2; PIN: 4002602011
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File Attachments for Item:
3. Text Amendment: Amendment to Article 7, Tree Removal Regulations
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File Attachments for Item:
4. Georgia Municipal Employees Benefit System Defined Benefit Retirement Plan; Amendment to
Establish an Early Retirement Incentive Program
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City of Tybee Island (Effective October 22, 2020)
ONE-TIME EARLY RETIREMENT INCENTIVE
ADDENDUM TO THE
GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM
DEFINED BENEFIT RETIREMENT PLAN
ADOPTION AGREEMENT
This is an Addendum to the Adoption Agreement completed by the City of
Tybee Island. It modifies the Adoption Agreement to provide for a one-time
early retirement incentive for eligible Participants in the Retirement Plan for
the Employees of the City of Tybee Island, in accordance with and subject to
the following requirements:
(1) Eligibility for Enhanced Early Retirement Benefit. A Participant who is
an Eligible Regular Employee is eligible to elect the enhanced early
retirement benefit offered under this Addendum if, as of October 31,
2020, he or she satisfies (or will satisfy) the Rule of 75 (i.e., his or her age
combined with his or her years of Total Credited Service as an Eligible
Regular Employee of the City of Tybee Island equals or exceeds 75 as of
October 31, 2020). GMEBS Portability Service may not be used to
satisfy the Rule of 75. Elected or appointed members of the Governing
Authority may not apply for the enhanced early retirement benefit
offered under this Addendum. Prior Credited Service as an elected or
appointed member of the Governing Authority, if any, does not count
toward satisfying the eligibility requirements for the enhanced early
retirement benefit offered under this Addendum. Any Employee who is
rehired by the City after October 22, 2020, shall not be eligible to apply
for the enhanced early retirement benefit.
(2) Description of Enhanced Early Retirement Benefit. Subject to the
applicable limitations of Section 415 of the Internal Revenue Code and
Article XI of Master Plan, the enhanced early retirement benefit
payable to a Participant who is eligible to apply for the Enhanced Early
Retirement Benefit pursuant to paragraph (1) above and who elects to
retire in accordance with this Addendum shall be computed as provided
under Section 6.01 of the Master Plan without actuarial reduction for
the Participant’s age. The portion of said monthly benefit attributable
to Credited Service as an Eligible Regular Employee shall be based
upon the Participant's Credited Service and his Final Average Earnings
as an Eligible Regular Employee as of his date of termination as an
Eligible Regular Employee. If a Participant who otherwise qualifies for
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City of Tybee Island (Effective October 22, 2020)
the enhanced early retirement benefit offered under this Addendum has
Credited Service as an elected or appointed member of the Governing
Authority, the portion of said monthly benefit attributable to Credited
Service as an elected or appointed member of the Governing Authority
shall be computed based upon the Participant's Credited Service as an
elected or appointed member of the Governing Authority and the
benefit formula in effect as of his/her latest vacation of office without
actuarial reduction for the Participant's age.
(3) Window Period for Election. Any Participant who satisfies or will
satisfy the eligibility requirements of paragraph (1) above may elect to
terminate employment, retire and receive the enhanced early retirement
benefit described in paragraph (2) above. In order to effect such
election, the Participant must submit any and all form(s) (including any
waiver and/or release forms) required by the City of Tybee Island for
such purpose to the Pension Committee Secretary between 9:00 a.m.,
October 23, 2020, and 4:00 p.m., December 9, 2020. Participants cannot
make an election to retire under this Addendum after they have
terminated employment with the City of Tybee Island.
(4) 7-Day Revocation Period. Any Participant electing to retire early
pursuant to this Addendum may revoke said election by providing
written notice of said revocation to the Pension Committee Secretary
within seven (7) days after he submits the election form(s) (the
revocation period). The election to terminate employment, retire and
receive an enhanced early retirement benefit pursuant to this
Addendum shall become irrevocable upon the expiration of said
revocation period.
(5) Termination of Employment; Effective Retirement Date. Participants
who irrevocably elect to terminate employment, retire and receive
enhanced early retirement benefits pursuant to this Addendum shall be
required to terminate employment no later than the last day of the
month coinciding with or next following the day after their 7-day
revocation period ends, provided, however, that a Participant must have
met the Rule of 75 prior to terminating employment to receive benefits
pursuant to this Addendum. The effective Retirement date for
Participants irrevocably electing to receive enhanced early retirement
benefits in accordance with this Addendum shall be the first day of the
month following the termination date, provided that GMEBS has
received all the necessary documentation to permit commencement of
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City of Tybee Island (Effective October 22, 2020)
retirement benefits. Provided the requirements of this Addendum are
met, benefits for eligible Participants electing to retire in accordance
with this Addendum shall commence as of their effective Retirement
date and shall be payable on the first day of each succeeding month
thereafter for as long as the Participant is eligible to receive such
benefits. If a Participant dies before his or her effective Retirement date,
the Participant’s election under this Addendum will be null and void,
notwithstanding any provisions herein to the contrary.
(6) Voluntary Election. The election to terminate employment, retire and
receive enhanced early retirement benefits pursuant to this Addendum
shall be completely voluntary.
(7) The rights and obligations under the Plan with respect to persons whose
employment or term of office with the City of Tybee Island is
terminated for any reason whatsoever prior to the effective date of this
Addendum are fixed and shall be governed by the Plan as was in effect
at the time of such termination.
(8) The effective date of this Addendum is October 22, 2020.
(9) This Addendum shall be repealed as of April 30, 2021. However, such
repeal shall in no way invalidate any payments made pursuant to this
Addendum.
The terms of the foregoing One-Time Early Retirement Incentive
Addendum to the Adoption Agreement are approved by the Mayor and
Council of the City of Tybee Island, Georgia this ________ day of
_____________, 20____.
Attest: CITY OF TYBEE ISLAND, GEORGIA
City Clerk Mayor
(SEAL)
Approved:
City Attorney
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City of Tybee Island (Effective October 22, 2020)
The terms of the foregoing One-Time Early Retirement Incentive
Addendum are approved by the Board of Trustees of the Georgia Municipal
Employees Benefit System.
IN WITNESS WHEREOF, the Board of Trustees of the Georgia
Municipal Employees Benefit System has caused its Seal and the signatures of
its duly authorized officers to be affixed this ______ day of
__________________________, 20____.
Board of Trustees
Georgia Municipal Employees
Benefit System
(SEAL)
Secretary
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City of Tybee Island (Amended Effective October 22, 2020)
GEORGIA MUNICIPAL EMPLOYEES
BENEFIT SYSTEM
DEFINED BENEFIT RETIREMENT PLAN
AN ORDINANCE
and
ADOPTION AGREEMENT
for
City of Tybee Island
Form Volume Submitter Adoption Agreement
Amended and Restated as of January 1, 2013
(With Amendments Taking Effect on or Before January 1, 2017)
- Page 37 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
TABLE OF CONTENTS
PAGE
I. AN ORDINANCE .......................................................................................................................1
II. GMEBS DEFINED BENEFIT RETIREMENT PLAN
ADOPTION AGREEMENT ...............................................................................................2
1. ADMINISTRATOR ................................................................................................2
2. ADOPTING EMPLOYER.......................................................................................2
3. GOVERNING AUTHORITY .................................................................................2
4. PLAN REPRESENTATIVE ....................................................................................2
5. PENSION COMMITTEE ........................................................................................3
6. TYPE OF ADOPTION ............................................................................................3
7. EFFECTIVE DATE .................................................................................................4
8. PLAN YEAR ...........................................................................................................5
9. CLASSES OF ELIGIBLE EMPLOYEES ...............................................................5
A. Eligible Regular Employees ........................................................................5
B. Elected or Appointed Members of the Governing Authority ......................5
10. ELIGIBILITY CONDITIONS .................................................................................6
A. Hours Per Week (Regular Employees) ........................................................6
B. Months Per Year (Regular Employees) .......................................................7
11. WAITING PERIOD.................................................................................................7
12. ESTABLISHING PARTICIPATION IN THE PLAN ............................................7
13. CREDITED SERVICE ............................................................................................8
A. Credited Past Service with Adopting Employer ..........................................8
B. Prior Military Service ................................................................................10
C. Prior Governmental Service .......................................................................11
D. Leave Conversion for Unused Paid Time Off (e.g., Sick,
Vacation, or Personal Leave) .....................................................................13
14. RETIREMENT ELIGIBILITY ..............................................................................14
A. Early Retirement Qualifications ................................................................14
B. Normal Retirement Qualifications .............................................................15
C. Alternative Normal Retirement Qualifications ..........................................17
D. Disability Benefit Qualifications ...............................................................21
15. RETIREMENT BENEFIT COMPUTATION .......................................................21
A. Maximum Total Credited Service ..............................................................21
B. Monthly Normal Retirement Benefit Amount ...........................................22
C. Monthly Early Retirement Benefit Amount ..............................................24
D. Monthly Late Retirement Benefit Amount (check one): ...........................25
E. Monthly Disability Benefit Amount ..........................................................26
F. Minimum/Maximum Benefit For Elected Officials ..................................26
16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE
SEPARATION OF SERVICE; COLA ..................................................................27
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City of Tybee Island (Amended Effective October 22, 2020)
A. Re-Employment as Eligible Employee After Normal,
Alternative Normal, or Early Retirement and Following
Bona Fide Separation of Service (see Master Plan Section
6.06(c) Regarding Re-Employment as an Ineligible
Employee and Master Plan Section 6.06(e) and (f)
Regarding Re-Employment After Disability Retirement) .........................27
B. Cost Of Living Adjustment ........................................................................28
17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT;
VESTING ..............................................................................................................29
A. Eligible Regular Employees ......................................................................29
B. Elected or Appointed Members of the Governing Authority ....................30
18. PRE-RETIREMENT DEATH BENEFITS ...........................................................30
A. In-Service Death Benefit............................................................................30
B. Terminated Vested Death Benefit ..............................................................32
19. EMPLOYEE CONTRIBUTIONS .........................................................................33
20. MODIFICATION OF THE TERMS OF THE ADOPTION
AGREEMENT .......................................................................................................34
21. TERMINATION OF THE ADOPTION AGREEMENT ......................................34
22. EMPLOYER ADOPTION AND AUTHORIZATION FOR
AMENDMENTS ...................................................................................................34
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City of Tybee Island (Amended Effective October 22, 2020)
I. AN ORDINANCE
An Ordinance to amend and restate the Retirement Plan for the Employees of the City of
Tybee Island, Georgia in accordance with and subject to the terms and conditions set forth in the
attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal
Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement.
When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute
a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et
seq.
BE IT ORDAINED by the Mayor and Council of the City of Tybee Island, Georgia, and it
is hereby ordained by the authority thereof:
Section 1. The Retirement Plan for the Employees of the City of Tybee Island, Georgia is
hereby amended and restated as set forth in and subject to the terms and conditions stated in the
following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia
Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust
Agreement.
Ordinance continued on page 37
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City of Tybee Island (Amended Effective October 22, 2020)
II. GMEBS DEFINED BENEFIT RETIREMENT PLAN
ADOPTION AGREEMENT
1. ADMINISTRATOR
Georgia Municipal Employees Benefit System
201 Pryor Street, SW
Atlanta, Georgia 30303
Telephone: 404-688-0472
Facsimile: 404-577-6663
2. ADOPTING EMPLOYER
Name: City of Tybee Island, Georgia
3. GOVERNING AUTHORITY
Name: Mayor and Council
Address: P.O. Box 2749, Tybee Island, GA 31328-2749
Phone: (912) 472-5080
Facsimile: (912) 786-5737
4. PLAN REPRESENTATIVE
[To represent Governing Authority in all communications with GMEBS and Employees]
(See Section 2.49 of Master Plan)
Name: City Manager
Address: P.O. Box 2749, Tybee Island, GA 31328-2749
Phone: (912) 472-5080
Facsimile: (912) 786-5737
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City of Tybee Island (Amended Effective October 22, 2020)
5. PENSION COMMITTEE
[Please designate members by position. If not, members of Pension Committee shall be
determined in accordance with Article XIV of Master Plan]
Position: Clerk of Council (City Clerk)
Position: City Manager
Position: Finance Officer of the City
Position: One (1) active City Employee appointed by the Mayor and Council
Position: One (1) active City Employee appointed by the Mayor and Council
Position: One (1) member of the Mayor and Council designated by the Mayor and Council
In the event the title of a position on the Pension Committee should change, an amendment
to the Adoption Agreement shall not be necessary; rather, such position shall be held and
filled by the individual with the most similar job description.
Pension Committee Secretary: Human Resources Administrator
Address: P.O. Box 2749, Tybee Island, GA 31328-2749
Phone: (912) 472-5080
Facsimile: (912) 786-5737
6. TYPE OF ADOPTION
This Adoption Agreement is for the following purpose (check one):
This is a new defined benefit plan adopted by the Adopting Employer for its Employees.
This plan does not replace or restate an existing defined benefit plan.
This is an amendment and restatement of the Adopting Employer's preexisting
non-GMEBS defined benefit plan.
This is an amendment and restatement of the Adoption Agreement previously adopted by
the Employer, as follows (check one or more as applicable):
To update the Plan to comply with PPA, HEART, WRERA, and other applicable
federal laws and guidance.
To make the following amendments to the Adoption Agreement (must specify
below revisions made in this Adoption Agreement; all provisions must be
completed in a manner that satisfies the definite written program requirement
of Treasury Regulation 1.401-1(a)(2) and the definitely determinable
requirement of Treasury Regulation 1.401-1(b)(1)(i)): This is an amendment
to implement a One-Time Early Retirement Incentive Program (ERIP) under
the Plan (see attached One-Time Early Retirement Incentive Addendum).
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City of Tybee Island (Amended Effective October 22, 2020)
7. EFFECTIVE DATE
NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan
Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a
governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit
Retirement Plan. Plan provisions designed to comply with certain provisions of the Pension
Protection Act of 2006 ("PPA"); the Heroes Earnings Assistance and Relief Tax Act of 2008
("HEART"); and the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA"); and Plan
provisions designed to comply with certain provisions of additional changes in federal law and
guidance from the Internal Revenue Service under Internal Revenue Service Notice 2012-76 (the
2012 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption
Agreement and Master Plan Document. By adopting this Adoption Agreement, with its
accompanying Master Plan Document, the Adopting Employer is adopting a plan document
intended to comply with Internal Revenue Code Section 401(a), as updated by PPA, HEART,
WRERA, and the 2012 Cumulative List with the applicable effective dates.
(1) Complete this item (1) only if this is a new defined benefit plan which does not replace
or restate an existing defined benefit plan.
The effective date of this Plan is .
(insert effective date of this Adoption Agreement not earlier than January 1, 2013).
(2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS
defined benefit plan.
Except as otherwise specifically provided in the Master Document or in this Adoption
Agreement, the effective date of this restatement shall be the ____________________(insert
effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan
is intended to replace and serve as an amendment and restatement of the Employer’s
preexisting plan, which became effective on (insert original effective date of
preexisting plan).
(3) Complete this item (3) only if this is an amendment and complete restatement of the
Adopting Employer's existing GMEBS defined benefit plan.
Except as otherwise specifically provided in the Master Document or in this Adoption
Agreement, the effective date of this restatement shall be October 22, 2020 (insert effective
date of this Adoption Agreement not earlier than January 1, 2013).
This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS
Adoption Agreement, which became effective on February 27, 2020 (insert effective date
of most recent Adoption Agreement preceding this Adoption Agreement).
The Employer's first Adoption Agreement became effective July 1, 2003 (insert effective
date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan
was originally effective May 1, 1987 (insert effective date of Employer's original GMEBS
Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the Employer's
non-GMEBS Plan was originally effective (if applicable, insert effective date of
Employer's original non-GMEBS Plan).)
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City of Tybee Island (Amended Effective October 22, 2020)
8. PLAN YEAR
Plan Year means (check one):
Calendar Year
Employer Fiscal Year commencing .
Other (must specify month and day commencing): May 1.
9. CLASSES OF ELIGIBLE EMPLOYEES
Only Employees of the Adopting Employer who meet the Master Plan's definition of
"Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include
non-governmental employees, independent contractors, leased employees, nonresident aliens, or
any other ineligible individuals, and this Section 9 must not be completed in a manner that violates
the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2).
A. Eligible Regular Employees
Regular Employees include Employees, other than elected or appointed members of the Governing
Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting
Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the
following Regular Employees are eligible to participate in the Plan (check one):
ALL - All Regular Employees, provided they satisfy the minimum hour and other
requirements specified under "Eligibility Conditions" below.
ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify;
specific positions are permissible; specific individuals may not be named):
Any City Manager who agrees in his or her employment contract with the City not to
participate in this Plan shall be ineligible to participate in this Plan with respect to such
employment. In the event that a City Manager agrees in his or her employment
contract with the City not to participate in this Plan, the City shall provide GMEBS
with written notice of such contract provision(s) within 180 days after the City
Manager becomes employed with the City in such position; provided, however, that
notwithstanding any provision in this Adoption Agreement or the Master Plan to the
contrary, the failure of the City to provide such written notice to GMEBS shall not
make such a City Manager eligible to participate in this Plan (see Adoption Agreement
pp. 7-8 concerning participation in the Plan by City Managers).
B. Elected or Appointed Members of the Governing Authority
An Adopting Employer may elect to permit participation in the Plan by elected or appointed
members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise
meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements
specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically
identified by position. Subject to the above conditions, the Employer hereby elects the following
treatment for elected and appointed officials:
(1) Elected or Appointed Members of the Governing Authority (check one):
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City of Tybee Island (Amended Effective October 22, 2020)
ARE NOT eligible to participate in the Plan.
ARE eligible to participate in the Plan.
Please specify any limitations on eligibility to participate here (e.g., service on or after certain date,
or special waiting period provision): Each elected or appointed member of the Governing
Authority who holds an office of the Employer on July 1, 2003, shall be qualified to
participate in the Plan on such date. Each other elected or appointed member of the
Governing Authority who holds an office subsequent to July 1, 2003 shall be qualified to
participate in the Plan on the first day of the month immediately following or coinciding with
the first date after July 1, 2003, that he occupies any elective office of the Governing
Authority (see Adoption Agreement pp. 7-8 regarding participation in the Plan). In
accordance with Section 4.03(b) of the Master Plan, an elected or appointed member of the
Governing Authority who initially takes office or returns to office on or after January 1,
2015, shall be qualified to participate in the Plan on the date he or she initially takes such
office or returns to office.
(2) Municipal Legal Officers (check one):
ARE NOT eligible to participate in the Plan.
ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only
the following positions (must specify - specific positions are permissible; specific
individuals may not be named): .
Please specify any limitations on eligibility to participate here (e.g., service on or after certain date)
(must specify in a manner that satisfies the definite written program requirement of
Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury
Regulation 1.401-1(b)(1)(i)) : .
10. ELIGIBILITY CONDITIONS
A. Hours Per Week (Regular Employees)
The Adopting Employer may specify a minimum number of work hours per week which
are required to be scheduled by Regular Employees in order for them to become and remain
"Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer
to determine whether these requirements are and continue to be satisfied. The Employer
hereby elects the following minimum hour requirement for Regular Employees:
No minimum
20 hours/week (regularly scheduled)
30 hours/week (regularly scheduled)
Other: 35 hours/week (must not exceed 40 hours/week regularly scheduled)
Exceptions: If a different minimum hour requirement applies to a particular class or classes of
Regular Employees, please specify below the classes to whom the different requirement applies
and indicate the minimum hour requirement applicable to them.
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City of Tybee Island (Amended Effective October 22, 2020)
Class(es) of Regular Employees to whom exception applies (must specify - specific positions are
permissible; specific individuals may not be named): Eligible Regular Employees employed
on or before October 10, 1996, provided they are not Terminated and reemployed after such
date.
Minimum hour requirement applicable to excepted Regular Employees:
No minimum
20 hours/week (regularly scheduled)
30 hours/week (regularly scheduled)
Other: _________________ (must not exceed 40 hours/week regularly scheduled)
B. Months Per Year (Regular Employees)
The Adopting Employer may specify a minimum number of work months per year which
are required to be scheduled by Regular Employees in order for them to become and remain
"Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to
determine whether these requirements are and continue to be satisfied. The Employer hereby
elects the following minimum requirement for Regular Employees:
No minimum
At least 5 months per year (regularly scheduled)
Exceptions: If different months per year requirements apply to a particular class or classes of
Regular Employees, the Employer must specify below the classes to whom the different
requirements apply and indicate below the requirements applicable to them.
Regular Employees to whom exception applies (must specify - specific positions are
permissible; specific individuals may not be named): _______________________________.
The months to year requirement for excepted class(es) are:
No minimum
At least _______ months per year (regularly scheduled)
11. WAITING PERIOD
Except as otherwise provided in Section 4.02(b) of the Master Plan, Eligible Regular Employees
shall not have a waiting period before participating in the Plan. Likewise, elected or appointed
members of the Governing Authority and Municipal Legal Officers, if eligible to participate in the
Plan, shall not have a waiting period before participating in the Plan.
12. ESTABLISHING PARTICIPATION IN THE PLAN
Participation in the Plan is considered mandatory for all Eligible Employees who satisfy
the eligibility conditions specified in the Adoption Agreement, except as provided in
Section 4.03(e) of the Master Plan. However, the Employer may specify below that participation
is optional for certain classes of Eligible Employees, including Regular Employees, elected or
appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or
- Page 46 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Department Heads. If participation is optional for an Eligible Employee, then in order to become
a Participant, he must make a written election to participate within 120 days after employment,
election or appointment to office, or if later, the date he first becomes eligible to participate in the
Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit
shall be deemed an irrevocable election not to participate in the Plan.
Classes for whom participation is optional (check one):
None (Participation is mandatory for all Eligible Employees except as provided in
Section 4.03(e) of the Master Plan).
Participation is optional for the following Eligible Employees (must specify - specific
positions are permissible; specific individuals may not be named; all positions or
classes specified must be Eligible Employees): If a former City Manager or other
Employee has previously waived or declined participation in the Plan prior to July
1, 2003, said City Manager or Employee shall not receive credit for any service
with the City prior to July 1, 2003. Notwithstanding any provision to the contrary,
since July 1, 2003, the City’s Plan has operated and will continue to operate as
follows with respect to participation in the Plan by the City Manager and by
elected or appointed members of the Governing Authority. The City Manager is
required to participate in the Plan, provided he or she meets the eligibility
requirements for participation that are applicable to other Regular Employees;
however, a City Manager who affirmatively agrees in his or her employment
contract with the City not to participate in this Plan is ineligible to participate in
the Plan (see p. 5 relating to Eligible Regular Employees). Each elected or
appointed member of the Governing Authority automatically participates in the
Plan unless he or she irrevocable elects in writing not to participate in the Plan
within 120 days following the date on which he or she first takes such office or
returns to office, as applicable, and such election is submitted to the Pension
Committee Secretary in the form and manner required by the City within said
120 day period.
13. CREDITED SERVICE
In addition to Current Credited Service the Adopting Employer may include as Credited
Service the following types of service:
A. Credited Past Service with Adopting Employer
Credited Past Service means the number of years and complete months of Service with the
Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated
as credited service under the Plan.
(1) Eligible Employees Employed on Original Effective Date of GMEBS Plan.
With respect to Eligible Employees who are employed by the Adopting Employer on the original
Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the
date the Eligible Employee becomes a Participant (including any Service prior to the Effective
Date of the Plan) shall be treated as follows (check one):
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City of Tybee Island (Amended Effective October 22, 2020)
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service).
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), except for Service rendered prior to
____________________________ (insert date).
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), except as follows (must specify other
limitation in a manner that satisfies the definite written program requirement
of Treasury Regulation 1.401-1(a)(2) and the definitely determinable
requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
No Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service).
(2) Previously Employed, Returning to Service after Original Effective Date. If
an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS
Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his
Service prior to the date he becomes a Participant (including any Service prior the Effective Date)
shall be treated as follows (check one):
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), subject to any limitations imposed above with
respect to Eligible Employees employed on the Effective Date.
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), provided that after his return to employment,
the Eligible Employee performs Service equal to the period of the break in Service
or one (1) year, whichever is less. Any limitations imposed above with respect to
Eligible Employees employed on the Effective Date shall also apply.
No Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service).
Other limitation(s) on Recognition of Credited Past Service (must specify in a manner that
satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and
the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
Notwithstanding any other provision, Credited Past Service shall not include any tenure of
office as an elected or appointed member of the Governing Authority unless the Participant
was serving as an elected or appointed member of the Governing Authority or Eligible
Regular Employee on July 1, 2003.
(3) Eligible Employees Initially Employed After Effective Date. If an Eligible
Employee's initial employment date is after the original Effective Date of the Employer's GMEBS
Plan, his Credited Past Service shall include only the number of years and complete months of
Service from his initial employment date to the date he becomes a Participant in the Plan.
- Page 48 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
(4) Newly Eligible Classes of Employees. If a previously ineligible class of
Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum
to this Adoption Agreement whether and to what extent said Employees' prior service with the
Employer shall be treated as Credited Past Service under the Plan.
B. Prior Military Service
Note: This Section does not concern military service required to be credited under USERRA
– See Section 3.02 of the Master Plan for rules on the crediting of USERRA Military Service.
(1) Credit for Prior Military Service.
The Adopting Employer may elect to treat military service rendered prior to a Participant's initial
employment date or reemployment date as Credited Service under the Plan. Unless otherwise
specified by the Employer under "Other Conditions" below, the term "Military Service" shall be
as defined in the Master Plan. Except as otherwise required by federal or state law or under "Other
Conditions" below, Military Service shall not include service which is credited under any other
local, state, or federal retirement or pension plan.
Military Service credited under this Section shall not include any service which is otherwise
required to be credited under the Plan by federal or state law. Prior Military Service shall be treated
as follows (check one):
Prior Military Service is not creditable under the Plan (if checked, skip to
Section 13.C. – Prior Governmental Service).
Prior Military Service shall be counted as Credited Service for the following
purposes (check one or more as applicable):
Computing amount of benefits payable.
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
(2) Maximum Credit for Prior Military Service.
Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number).
(3) Rate of Accrual for Prior Military Service.
Credit for Prior Military Service shall accrue at the following rate (check one):
One month of military service credit for every _______ month(s) (insert number)
of Credited Service with the Adopting Employer.
One year of military service credit for every _____ year(s) (insert number) of
Credited Service with the Adopting Employer.
All military service shall be creditable (subject to any caps imposed above) after
the Participant has completed _______ years (insert number) of Credited Service
with the Employer.
- Page 49 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Other requirement (must specify in a manner that satisfies the definite written
program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely
determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
(4) Payment for Prior Military Service Credit(check one):
Participants shall not be required to pay for military service credit.
Participants shall be required to pay for military service credit as follows:
The Participant must pay ____% of the actuarial cost of the service credit
(as defined below).
The Participant must pay an amount equal to (must specify in a manner
that satisfies the definite written program requirement of Treasury
Regulation 1.401-1(a)(2) and the definitely determinable requirement
of Treasury Regulation 1.401-1(b)(1)(i)): .
Other Conditions for Award of Prior Military Service Credit (must specify in a manner that
satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and
the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
(5) Limitations on Service Credit Purchases. Unless otherwise specified in an
Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning
prior governmental service credit, the term "actuarial cost of service credit" is defined as set forth
in the Service Credit Purchase Addendum. In the case of a service credit purchase, the Participant
shall be required to comply with any rules and regulations established by the GMEBS Board of
Trustees concerning said purchases.
C. Prior Governmental Service
Note: A Participant's prior service with other GMEBS employers shall be credited for
purposes of satisfying the minimum service requirements for Vesting and eligibility for
Retirement and pre-retirement death benefits as provided under Section 9.05 of the Master
Plan, relating to portability service. This Section 13(C) does not need to be completed in
order for Participants to receive this portability service credit pursuant to Section 9.05 of the
Master Plan.
(1) Credit for Prior Governmental Service.
The Adopting Employer may elect to treat governmental service rendered prior to a Participant's
initial employment date or reemployment date as creditable service under the Plan. Subject to any
limitations imposed by law, the term "prior governmental service" shall be as defined by the
Adopting Employer below. The Employer elects to treat prior governmental service as follows
(check one):
Prior governmental service is not creditable under the Plan (if checked, skip to
Section 13.D. – Unused Sick/Vacation Leave).
- Page 50 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Prior governmental service shall be counted as Credited Service for the following
purposes under the Plan (check one or more as applicable):
Computing amount of benefits payable.
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
(2) Definition of Prior Governmental Service.
Prior governmental service shall be defined as follows: (must specify in a manner that satisfies
the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
Unless otherwise specified above, prior governmental service shall include only full-time service
(minimum hour requirement same as that applicable to Eligible Regular Employees).
(3) Maximum Credit for Prior Governmental Service.
Credit for prior governmental service shall be limited to a maximum of ________ years (insert
number).
(4) Rate of Accrual for Prior Governmental Service Credit.
Credit for prior governmental service shall accrue at the following rate (check one):
One month of prior governmental service credit for every _____ month(s) (insert
number) of Credited Service with the Adopting Employer.
One year of prior governmental service credit for every _____ year(s) (insert
number) of Credited Service with the Adopting Employer.
All prior governmental service shall be creditable (subject to any caps imposed
above) after the Participant has completed _____ years (insert number) of
Credited Service with the Adopting Employer.
Other requirement (must specify in a manner that satisfies the definite written
program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely
determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
_________________________________________________________________.
(5) Payment for Prior Governmental Service Credit.
Participants shall not be required to pay for governmental service credit.
Participants shall be required to pay for governmental service credit as follows:
The Participant must pay ____% of the actuarial cost of the service credit.
- Page 51 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
The Participant must pay an amount equal to (must specify in a manner
that satisfies the definite written program requirement of Treasury
Regulation 1.401-1(a)(2) and the definitely determinable requirement
of Treasury Regulation 1.401-1(b)(1)(i)): _______________________.
Other Conditions for Award of Prior Governmental Service Credit (must specify in a manner
that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2)
and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave)
(1) Credit for Unused Paid Time Off.
Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to
treat accumulated days of unused paid time off for a terminated Participant, for which the
Participant is not paid, as Credited Service. The only type of leave permitted to be credited under
this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation
leave plan (which may include sick, vacation or personal leave) and which the Participant may
take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited
Service resulting from the conversion of unused paid time off must not be the only Credited Service
applied toward the accrual of a normal retirement benefit under the Plan. The Pension Committee
shall be responsible to certify to GMEBS the total amount of unused paid time off that is creditable
hereunder.
Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cash
payment. If the Employer elects treating unused paid time off as Credited Service, the conversion
to Credited Service will be automatic, and the Participant cannot request a cash payment for the
unused paid time off.
The Employer elects the following treatment of unused paid time off:
Unused paid time off shall not be treated as Credited Service (if checked, skip to
Section 14 – Retirement Eligibility).
The following types of unused paid time off for which the Participant is not paid
shall be treated as Credited Service under the Plan (check one or more as
applicable):
Unused sick leave
Unused vacation leave
Unused personal leave
Other paid time off (must specify in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and
the definitely determinable requirement of Treasury Regulation 1.401-
1(b)(1)(i)): .
- Page 52 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
(2) Minimum Service Requirement.
In order to receive credit for unused paid time off, a Participant must meet the following
requirement at termination (check one):
The Participant must be 100% vested in a normal retirement benefit.
The Participant must have at least _______ years (insert number) of Total
Credited Service (not including leave otherwise creditable under this Section).
Other (must specify in a manner that satisfies the definite written program
requirement of Treasury Regulation 1.401-1(a)(2) and the definitely
determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
(3) Use of Unused Paid Time Off Credit. Unused paid time off for which the
Participant is not paid shall count as Credited Service for the following purposes under the Plan
(check one or more as applicable):
Computing amount of benefits payable.
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
(4) Maximum Credit for Unused Paid Time Off.
Credit for unused paid time off for which the Participant is not paid shall be limited to a maximum
of ____ months (insert number).
(5) Computation of Unused Paid Time Off.
Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each
twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of
Credited Service under the Plan. Partial months shall not be credited.
(6) Other Conditions (please specify, subject to limitations in Section 3.01 of
Master Plan; must specify in a manner that satisfies the definite written program
requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable
requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
14. RETIREMENT ELIGIBILITY
A. Early Retirement Qualifications
Early retirement qualifications are (check one or more as applicable):
Attainment of age 55 (insert number)
Completion of 10 years (insert number) of Total Credited Service
- Page 53 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Exceptions: If different early retirement eligibility requirements apply to a particular class or
classes of Eligible Employees, the Employer must specify below the classes to whom the different
requirements apply and indicate below the requirements applicable to them.
Eligible Employees to whom exception applies (must specify - specific positions are
permissible; specific individuals may not be named): .
Early retirement qualifications for excepted class(es) are (check one or more as applicable):
Attainment of age _________ (insert number)
Completion of _________ years (insert number) of Total Credited Service
B. Normal Retirement Qualifications
Note: Please complete this Section and also list "Alternative" Normal Retirement
Qualifications, if any, in Section 14.C.
(1) Regular Employees
Normal retirement qualifications for Regular Employees are (check one or more as applicable):
Attainment of age 65 (insert number)
Completion of 5 years (insert number) of Total Credited Service
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service without
first incurring a Bona Fide Separation from Service), if Participant meets minimum
age and service requirements specified immediately above and is at least age 62
(unless a lower safe-harbor age is permitted under applicable federal law), subject
to applicable Plan provisions concerning recalculation and offset applied at re-
retirement to account for the value of benefits received prior to re-retirement. This
rule shall apply to (check one): all Participants only the following class(es)
of Participants (must specify - specific positions are permissible; specific
individuals may not be named): __________________.
Exceptions: If different normal retirement qualifications apply to a particular class or classes of
Regular Employees, the Employer must specify below the classes to whom the different
requirements apply and indicate below the requirements applicable to them.
Class(es) of Regular Employees to whom exception applies (must specify - specific positions are
permissible; specific individuals may not be named): ______________________.
Normal retirement qualifications for excepted class(es) are (check one or more as applicable):
Attainment of age _________ (insert number)
Completion of _________ years (insert number) of Total Credited Service
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City of Tybee Island (Amended Effective October 22, 2020)
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service without
first incurring a Bona Fide Separation from Service), if Participant meets minimum
age and service requirements specified immediately above and is at least age 62
(unless a lower safe-harbor age is permitted under applicable federal law), subject
to applicable Plan provisions concerning recalculation and offset applied at re-
retirement to account for the value of benefits received prior to re-retirement. This
rule shall apply to (check one): all Participants only the following class(es)
of Participants (must specify - specific positions are permissible; specific
individuals may not be named): __________________.
(2) Elected or Appointed Members of Governing Authority
Complete this Section only if elected or appointed members of the Governing Authority or
Municipal Legal Officers are permitted to participate in the Plan. Normal retirement
qualifications for this class are (check one or more as applicable):
Attainment of age 65 (insert number)
Completion of _________ years (insert number) of Total Credited Service
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service without
first incurring a Bona Fide Separation from Service), if Participant meets minimum
age and service requirements specified immediately above and is at least age 62
(unless a lower safe-harbor age is permitted under applicable federal law), subject
to applicable Plan provisions concerning recalculation and offset applied at re-
retirement to account for the value of benefits received prior to re-retirement. This
rule shall apply to (check one): all Participants only the following class(es)
of Participants (must specify - specific positions are permissible; specific
individuals may not be named): __________________.
Exceptions: If different normal retirement qualifications apply to particular elected or appointed
members of the Governing Authority or Municipal Legal Officers, the Employer must specify
below to whom the different requirements apply and indicate below the requirements applicable
to them.
Particular elected or appointed members of the Governing Authority or Municipal Legal Officers
to whom exception applies (must specify - specific positions are permissible; specific
individuals may not be named): .
Normal retirement qualifications for excepted elected or appointed members of the Governing
Authority or Municipal Legal Officers are (check one or more as applicable):
Attainment of age _________ (insert number)
Completion of _________ years (insert number) of Total Credited Service
- Page 55 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service without
first incurring a Bona Fide Separation from Service), if Participant meets minimum
age and service requirements specified immediately above and is at least age 62
(unless a lower safe-harbor age is permitted under applicable federal law), subject
to applicable Plan provisions concerning recalculation and offset applied at re-
retirement to account for the value of benefits received prior to re-retirement. This
rule shall apply to (check one): all Participants only the following class(es)
of Participants (must specify - specific positions are permissible; specific
individuals may not be named): ___________________.
C. Alternative Normal Retirement Qualifications
The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy
service and/or age requirements other than the regular normal retirement qualifications specified
above. The Employer hereby adopts the following alternative normal retirement qualifications:
Alternative Normal Retirement Qualifications (check one or more, as applicable):
(1) Not applicable (the Adopting Employer does not offer alternative normal
retirement benefits under the Plan).
(2) Alternative Minimum Age & Service Qualifications (if checked, please
complete one or more items below, as applicable):
Attainment of age _________ (insert number)
Completion of _________ years (insert number) of Total Credited Service
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service
without first incurring a Bona Fide Separation from Service), if Participant
meets minimum age and service requirements specified immediately above
and is at least age 62 (unless a lower safe-harbor age is permitted under
applicable federal law), subject to applicable Plan provisions concerning
recalculation and offset applied at re-retirement to account for the value of
benefits received prior to re-retirement. This rule shall apply to (check
one): all Participants only the following class(es) of Participants (must
specify - specific positions are permissible; specific individuals may not
be named): __________________________.
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify - specific positions are
permissible; specific individuals may not be named): .
- Page 56 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the above qualifications in order to qualify for
this alternative normal retirement benefit.
Other eligibility requirement (must specify in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
(3) Rule of _______ (insert number). The Participant's combined Total
Credited Service and age must equal or exceed this number. Please complete
additional items below:
To qualify for this alternative normal retirement benefit, the Participant (check one
or more items below, as applicable):
Must have attained at least age ______ (insert number)
Must not satisfy any minimum age requirement
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service
without first incurring a Bona Fide Separation from Service), if the
Participant meets the minimum age and service requirements specified
immediately above and is at least age 62 (unless a lower safe-harbor age is
permitted under applicable federal law), subject to applicable Plan
provisions concerning recalculation and offset applied at re-retirement to
account for the value of benefits received prior to re-retirement. This rule
shall apply to (check one): all Participants only the following class(es)
of Participants (must specify - specific positions are permissible; specific
individuals may not be named): _____________.
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify - specific positions are
permissible; specific individuals may not be named): .
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the Rule in order to qualify for this alternative
normal retirement benefit.
Other eligibility requirement (must specify in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
- Page 57 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
(4) Alternative Minimum Service. A Participant is eligible for an alternative
normal retirement benefit if he has at least ________ years (insert number) of
Total Credited Service, regardless of the Participant's age.
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service
without first incurring a Bona Fide Separation from Service), if the
Participant meets the minimum service requirement specified immediately
above and is at least age 62 (unless a lower safe-harbor age is permitted
under applicable federal law), subject to applicable Plan provisions
concerning recalculation and offset applied at re-retirement to account for
the value of benefits received prior to re-retirement. This rule shall apply
to (check one): all Participants only the following class(es) of
Participants (must specify - specific positions are permissible; specific
individuals may not be named):_________________.
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify - specific positions are
permissible; specific individuals may not be named): .
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the qualifications for this alternative normal
retirement benefit.
Other eligibility requirement (must specify in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
(5) Other Alternative Normal Retirement Benefit.
Must specify qualifications (in a manner that satisfies the definite written
program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely
determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service
without first incurring a Bona Fide Separation from Service), if the
Participant meets minimum age and service requirements specified
immediately above and is at least age 62 (unless a lower safe-harbor age is
permitted under applicable federal law), subject to applicable Plan
provisions concerning recalculation and offset applied at re-retirement to
account for the value of benefits received prior to re-retirement. This rule
shall apply to (check one): all Participants only the following class(es)
of Participants (must specify - specific positions are permissible; specific
individuals may not be named): _____________.
- Page 58 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify - specific positions are
permissible; specific individuals may not be named): .
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the qualifications for this alternative normal
retirement benefit.
Other eligibility requirement (must specify in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
(6) Other Alternative Normal Retirement Benefit for Public Safety
Employees Only.
Must specify qualifications (in a manner that satisfies the definite written
program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely
determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
Attainment of age 55 and completion of 20 years of Total Credited Service.
In-Service Distribution to Eligible Employees who are Public Safety
Employees permitted (i.e., a qualifying Participant may commence
receiving retirement benefits while in service without first incurring a Bona
Fide Separation from Service), if the Participant meets minimum age and
service requirements specified immediately above and is at least age 50
(unless a lower safe-harbor age is permitted under applicable federal law),
subject to applicable Plan provisions concerning recalculation and offset
applied at re-retirement to account for the value of benefits received prior
to re-retirement. This rule shall apply to (check one): all Participants
only the following class(es) of Participants (must specify - specific
positions are permissible; specific individuals may not be
named):___________________________________________________.
This alternative normal retirement benefit is available to:
All public safety employee Participants who qualify.
Only the following public safety employee Participants (must specify -
specific positions are permissible; specific individuals may not be
named): Firefighters and Police Officers, as defined in Section 2.34 and
2.51 of the Master Plan, respectively.
A public safety employee Participant (check one): is required is not required
to be in the service of the Employer at the time he satisfies the qualifications for
this alternative normal retirement benefit.
- Page 59 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Other eligibility requirement (must specify in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
Note: "Public safety employees" are defined under the Internal Revenue Code for this
purpose as employees of a State or political subdivision of a State who provide police
protection, firefighting services, or emergency medical services for any area within the
jurisdiction of such State or political subdivision.
D. Disability Benefit Qualifications
Subject to the other terms and conditions of the Master Plan and except as otherwise provided in
an Addendum to this Adoption Agreement, disability retirement qualifications are based upon
Social Security Administration award criteria or as otherwise provided under Section 2.23 of the
Master Plan. The Disability Retirement benefit shall commence as of the Participant's Disability
Retirement Date under Section 2.24 of the Master Plan.
To qualify for a disability benefit, a Participant must have the following minimum number of years
of Total Credited Service (check one):
Not applicable (the Adopting Employer does not offer disability retirement benefits
under the Plan).
No minimum.
_______ years (insert number) of Total Credited Service.
Other eligibility requirement (must specify in a manner that satisfies the definite written
program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable
requirement of Treasury Regulation 1.401-1(b)(1)(i)): __________________________.
15. RETIREMENT BENEFIT COMPUTATION
A. Maximum Total Credited Service
The number of years of Total Credited Service which may be used to calculate a benefit is (check
one or all that apply):
not limited.
limited to _________ years for all Participants.
limited to ________ years for the following classes of Eligible Regular Employees:
All Eligible Regular Employees.
Only the following Eligible Regular Employees: .
limited to _______ years as an elected or appointed member of the Governing
Authority.
- Page 60 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
limited to _______ years as a Municipal Legal Officer.
Other (must specify in a manner that satisfies the definite written program
requirement of Treasury Regulation 1.401-1(a)(2) and the definitely
determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
B. Monthly Normal Retirement Benefit Amount
(1) Regular Employee Formula
The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check
and complete one or more as applicable):
(a) Flat Percentage Formula. ______% (insert percentage) of Final
Average Earnings multiplied by years of Total Credited Service as an
Eligible Regular Employee.
This formula applies to:
All Participants who are Regular Employees.
Only the following Participants (must specify - specific positions
are permissible; specific individuals may not be named):
.
(b) Alternative Flat Percentage Formula. ______% (insert percentage) of
Final Average Earnings multiplied by years of Total Credited Service as an
Eligible Regular Employee. This formula applies to the following
Participants (must specify - specific positions are permissible; specific
individuals may not be named): .
(c) Split Final Average Earnings Formula. 1.5% (insert percentage) of
Final Average Earnings up to the amount of Covered Compensation (see
subsection (2) below for definition of Covered Compensation), plus
2.0% (insert percentage) of Final Average Earnings in excess of said
Covered Compensation, multiplied by years of Total Credited Service as an
Eligible Regular Employee.
This formula applies to:
All Participants who are Regular Employees.
Only the following Participants (must specify - specific positions
are permissible; specific individuals may not be named): .
(d) Alternative Split Final Average Earnings Formula. _____ % (insert
percentage) of Final Average Earnings up to the amount of Covered
Compensation (see subsection (2) below for definition of Covered
Compensation), plus ______% (insert percentage) of Final Average
Earnings in excess of said Covered Compensation, multiplied by years of
Total Credited Service as an Eligible Regular Employee.
- Page 61 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
This formula applies to:
All Participants.
Only the following Participants (must specify - specific positions
are permissible; specific individuals may not be named): .
[Repeat above subsections as necessary for each applicable benefit formula and Participant
class covered under the Plan.]
(2) Covered Compensation (complete only if Split Formula(s) is checked above):
Covered Compensation is defined as (check one or more as applicable):
(a) A.I.M.E. Covered Compensation as defined in Section 2.18 of the Master
Plan. This definition of Covered Compensation shall apply to (check one):
All Participants who are Regular Employees.
Only the following Participants (must specify - specific positions
are permissible; specific individuals may not be named): .
(b) Dynamic Break Point Covered Compensation as defined in Section 2.19
of the Master Plan. This definition of Covered Compensation shall apply
to (check one):
All Participants who are Regular Employees.
Only the following Participants (must specify - specific positions
are permissible; specific individuals may not be named): .
(c) Table Break Point Covered Compensation as defined in Section 2.20 of
the Master Plan. This definition of Covered Compensation shall apply to
(check one):
All Participants who are Regular Employees.
Only the following class(es) of Participants (must specify - specific
positions are permissible; specific individuals may not be
named): .
(d) Covered Compensation shall mean a Participant's annual Earnings that do
not exceed $_______________ (specify amount). This definition shall
apply to (check one):
All Participants who are Regular Employees.
Only the following Participants (must specify - specific positions
are permissible; specific individuals may not be named): .
(3) Final Average Earnings
Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings
is defined as the monthly average of Earnings paid to a Participant by the Adopting Employer for
- Page 62 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
the 60 (insert number not to exceed 60) consecutive months of Credited Service preceding the
Participant's most recent Termination in which the Participant's Earnings were the highest,
multiplied by 12. Note: GMEBS has prescribed forms for calculation of Final Average Earnings
that must be used for this purpose.
This definition of Final Average Earnings applies to:
All Participants who are Regular Employees.
Only the following Participants (must specify - specific positions are permissible;
specific individuals may not be named): .
[Repeat above subsection as necessary for each applicable definition and Participant class
covered under the Plan.]
(4) Formula for Elected or Appointed Members of the Governing Authority
The monthly normal retirement benefit for members of this class shall be as follows (check one):
Not applicable (elected or appointed members of the Governing Authority or Municipal
Legal Officers are not permitted to participate in the Plan).
$20.00 (insert dollar amount) per month for each year of Total Credited Service as an
elected or appointed member of the Governing Authority or Municipal Legal Officer or
major fraction thereof (6 months and 1 day).
This formula applies to:
All elected or appointed members of the Governing Authority or Municipal Legal Officers
eligible to participate.
Only the following elected or appointed members of the Governing Authority or Municipal
Legal Officers eligible to participate (must specify - specific positions are permissible;
specific individuals may not be named): .
[Repeat above subsection as necessary for each applicable formula for classes of elected or
appointed members covered under the Plan.]
C. Monthly Early Retirement Benefit Amount
Check and complete one or more as applicable:
(1) Standard Early Retirement Reduction Table. The monthly Early
Retirement benefit shall be computed in the same manner as the monthly
Normal Retirement benefit, but the benefit shall be reduced on an
Actuarially Equivalent basis in accordance with Section 12.01 of the Master
Plan to account for early commencement of benefits. This provision shall
apply to:
All Participants.
- Page 63 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Only the following Participants (must specify - specific positions
are permissible; specific individuals may not be named): .
(2) Alternative Early Retirement Reduction Table. The monthly Early
Retirement benefit shall be computed in the same manner as the monthly
Normal Retirement benefit, but the benefit shall be reduced to account for
early commencement of benefits based on the following table. This table
shall apply to:
All Participants.
Only the following Participants (must specify - specific positions
are permissible; specific individuals may not be named): .
Alternative Early Retirement Reduction Table
Number of Years Before
[Age ___(Insert Normal
Retirement Age)]
(check as applicable)
Percentage of
Normal Retirement Benefit*
(complete as applicable)
0 1.000
1 0.___
2 0.___
3 0.___
4 0.___
5 0.___
6 0.___
7 0.___
8 0.___
9 0.___
10 0.___
11 0.___
12 0.___
13 0.___
14 0.___
15 0.___
*Interpolate for whole months
D. Monthly Late Retirement Benefit Amount (check one):
(1) The monthly Late Retirement benefit shall be computed in the same manner
as the Normal Retirement Benefit, based upon the Participant's Accrued
Benefit as of his Late Retirement Date.
(2) The monthly Late Retirement benefit shall be the greater of: (1) the
monthly retirement benefit accrued as of the Participant's Normal
Retirement Date, actuarially increased in accordance with the actuarial table
- Page 64 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
contained in Section 12.05 of the Master Plan; or (2) the monthly retirement
benefit accrued as of the Participant's Late Retirement Date, without further
actuarial adjustment under Section 12.06 of the Master Plan.
E. Monthly Disability Benefit Amount
The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal
Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement
Date.
Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit.
The Employer elects the following minimum Disability benefit (check one):
Not applicable (the Adopting Employer does not offer disability retirement benefits
under the Plan).
No minimum is established.
No less than (check one): 20% 10% ____% (if other than 20% or 10%
insert percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period (excluding any period of unpaid leave of absence)
immediately preceding his Termination of Employment as a result of a Disability.
(Unless otherwise specified in an Addendum to the Adoption Agreement, no
minimum will apply to elected or appointed members of the Governing Authority
or Municipal Legal Officers.)
No less than (check one): 66 2/3 % ______% (if other than 66 2/3%, insert
percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period (excluding any period of unpaid leave of absence)
immediately preceding his Termination of Employment as a result of a Disability,
less any monthly benefits paid from federal Social Security benefits as a result of
disability as reported by the Employer. (Unless otherwise specified in an
Addendum to the Adoption Agreement, no minimum will apply to elected or
appointed members of the Governing Authority or Municipal Legal Officers.)
Note: The Adopting Employer is responsible for reporting to GMEBS any amounts to be
used in an offset.
F. Minimum/Maximum Benefit For Elected Officials
In addition to any other limitations imposed by federal or state law, the Employer may impose a
cap on the monthly benefit amount that may be received by elected or appointed members of the
Governing Authority. The Employer elects (check one):
Not applicable (elected or appointed members of the Governing Authority do not
participate in the Plan).
No minimum or maximum applies.
- Page 65 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Monthly benefit for Service as an elected or appointed member of the Governing
Authority may not exceed 100% of the Participant's final salary as an elected or
appointed member of the Governing Authority.
Other minimum or maximum (must specify in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE
SEPARATION OF SERVICE; COLA
A. Re-Employment as Eligible Employee After Normal, Alternative Normal, or Early
Retirement and Following Bona Fide Separation of Service (see Master Plan Section
6.06(c) Regarding Re-Employment as an Ineligible Employee and Master Plan
Section 6.06(e) and (f) Regarding Re-Employment After Disability Retirement)
(1) Reemployment After Normal or Alternative Normal Retirement. In the event
that a Retired Participant 1) is reemployed with the Employer as an Eligible Employee (as defined
in the Plan) after his Normal or Alternative Normal Retirement Date and after a Bona Fide
Separation from Service, or 2) is reemployed with the Employer in an Ineligible Employee class,
and subsequently again becomes an Eligible Employee (as defined in the Plan) due to the addition
of such class to the Plan after his Normal or Alternative Normal Retirement Date, the following
rule shall apply (check one):
(a) The Participant's benefit shall be suspended in accordance with
Section 6.06(a)(1) of the Master Plan for as long as the Participant
remains employed.
(b) The Participant may continue to receive his retirement benefit in
accordance with Section 6.06(b) of the Master Plan. This rule shall
apply to (check one): all Retired Participants only the
following classes of Retired Participants (must specify (specific
positions are permissible; specific individuals may not be
named) - benefits of those Retired Participants not listed shall
be suspended in accordance with Section 6.06(a) of the Master
Plan if they return to work with the Employer):
.
(2) Reemployment After Early Retirement. In the event a Participant Retires with
an Early Retirement benefit after a Bona Fide Separation from Service 1) is reemployed with the
Employer as an Eligible Employee before his Normal Retirement Date; or 2) is reemployed with
the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible
- Page 66 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Employee (as defined in the Plan) before his Normal Retirement Date due to the addition of such
class to the Plan, the following rule shall apply (check one or more as applicable):
(a) The Participant's Early Retirement benefit shall be suspended in
accordance with Section 6.06(a)(1) of the Master Plan for as long as the
Participant remains employed.
This rule shall apply to (check one): all Retired Participants; only the
following classes of Retired Participants (must specify - specific positions
are permissible; specific individuals may not be named):
___________________________________________________________.
(b) The Participant's Early Retirement benefit shall be suspended in
accordance with Section 6.06(a)(1) of the Master Plan. However, the
Participant may begin receiving benefits after he satisfies the qualifications
for Normal Retirement or Alternative Normal Retirement, as applicable,
and after satisfying the minimum age parameters of Section 6.06(a)(3) of
the Master Plan, in accordance with Section 6.06(b)(2)(B)(i) of the Master
Plan.
This rule shall apply to (check one): all Retired Participants; only the
following classes of Retired Participants (must specify - specific positions
are permissible; specific individuals may not be named):
___________________________________________________________.
(c) The Participant's Early Retirement benefit shall continue in
accordance with Section 6.06(b)(2)(B)(ii) of the Master Plan.
This rule shall apply to (check one): all Retired Participants; only the
following classes of Retired Participants (must specify - specific positions
are permissible; specific individuals may not be named):
___________________________________________________________.
B. Cost Of Living Adjustment
The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the amount
of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and
paid in accordance with the terms of the Master Plan. The Employer hereby elects the following
(check one):
(1) No cost-of-living adjustment.
(2) Variable Annual cost-of-living adjustment not to exceed 3.0% (insert
percentage).
(3) Fixed annual cost-of-living adjustment equal to ______% (insert
percentage).
- Page 67 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
The above cost-of-living adjustment shall apply with respect to the following Participants (and
their Beneficiaries) (check one):
All Participants (and their Beneficiaries).
Participants (and their Beneficiaries) who terminate employment on
or after June 1, 1999 (insert date).
Other (must specify in a manner that satisfies the definite written
program requirement of Treasury Regulation 1.401-1(a)(2) and
the definitely determinable requirement of Treasury Regulation
1.401-1(b)(1)(i)); specific positions are permissible; specific
individuals may not be named): .
The Adjustment Date for the above cost-of-living adjustment shall be (if not specified, the
Adjustment Date shall be January 1): ______________________________________________.
17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT;
VESTING
A. Eligible Regular Employees
Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular
Employee and whose employment is terminated for any reason other than death or retirement shall
earn a vested right in his accrued retirement benefit in accordance with the following schedule
(check one):
No vesting schedule (immediate vesting).
Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a
minimum of ________ years (insert number not to exceed 10) of Total Credited
Service. Benefits remain 0% vested until the Participant satisfies this minimum.
Graduated Vesting Schedule. Benefits shall become vested in accordance with
the following schedule (insert percentages):
COMPLETED YEARS
OF TOTAL CREDITED SERVICE
VESTED PERCENTAGE
1 0%
2 0%
3 0%
4 0%
5 50%
6 60%
7 70%
8 80%
9 90%
10 100%
- Page 68 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of
Regular Employees, the Employer must specify the different vesting schedule below and the
class(es) to whom the different vesting schedule applies.
Regular Employees to whom exception applies (must specify - specific positions are
permissible; specific individuals may not be named): .
Vesting Schedule for excepted class (must specify in a manner that satisfies the definite written
program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable
requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
B. Elected or Appointed Members of the Governing Authority
Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed
member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his
accrued retirement benefit for Credited Service in such capacity in accordance with the following
schedule (check one):
Not applicable (elected or appointed members of the Governing Authority are not
permitted to participate in the Plan).
No vesting schedule (immediate vesting).
Other vesting schedule (must specify in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
Benefits shall be 100% vested after the Participant has a minimum of 4 years
of Total Credited Service. Benefits remain 0% vested until the Participant
satisfies this minimum. If the Participant holds office as an elected or
appointed member of the Governing Authority or is employed as an Eligible
Regular Employee on July 1, 2003, then Service with the City prior to July 1,
2003 will be taken into account in determining whether the Participant has
satisfied the 4 year retirement. Otherwise, service prior to July 1, 2003 will not
be taken into account.
18. PRE-RETIREMENT DEATH BENEFITS
A. In-Service Death Benefit
Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following
in-service death benefit, to be payable in the event that an eligible Participant's employment with
the Employer is terminated by reason of the Participant's death prior to Retirement (check and
complete one):
(1) Auto A Death Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that
would have otherwise been payable to the Participant, had he elected a 100% joint
and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible
for this benefit, a Participant must meet the following requirements (check one):
- Page 69 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
The Participant must be vested in a normal retirement benefit.
The Participant must have ______ years (insert number) of Total Credited
Service.
The Participant must be eligible for Early or Normal Retirement.
Other eligibility requirement (must specify in a manner that satisfies the
definite written program requirement of Treasury Regulation 1.401-
1(a)(2) and the definitely determinable requirement of Treasury
Regulation 1.401-1(b)(1)(i)): .
(2) Actuarial Reserve Death Benefit. A monthly benefit payable to the
Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve
required for the Participant's anticipated Normal Retirement benefit, provided the
Participant meets the following eligibility conditions (check one):
The Participant shall be eligible upon satisfying the eligibility requirements
of Section 8.02(c) of the Master Plan.
The Participant must have _____ years (insert number) of Total Credited
Service.
Other eligibility requirement (must specify in a manner that satisfies the
definite written program requirement of Treasury Regulation 1.401-
1(a)(2) and the definitely determinable requirement of Treasury
Regulation 1.401-1(b)(1)(i)): .
Imputed Service. For purposes of computing the actuarial reserve death benefit,
the Participant's Total Credited Service shall include (check one):
Total Credited Service accrued prior to the date of the Participant's death.
Total Credited Service accrued prior to the date of the Participant's death,
plus (check one): one-half (½) ___________ (insert other fraction)
of the Service between such date of death and what would otherwise have
been the Participant's Normal Retirement Date. (See Master Plan
Section 8.02(b) regarding 10-year cap on additional Credited Service.)
Minimum In-Service Death Benefit for Vested Employees Equal to Terminated Vested Death
Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is
terminated by reason of the Participant's death prior to Retirement, and if as of the date of death
the Participant is vested but he does not qualify for the in-service death benefit, then the Auto A
Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated
vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below).
(3) Exceptions: If an in-service death benefit other than that specified above applies
to one or more classes of Participants, the Employer must specify below the death benefit payable,
- Page 70 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
the class(es) to whom the different death benefit applies, and the eligibility conditions for said
death benefit.
Alternative Death Benefit (must specify formula that satisfies the definite written program
and definitely determinable requirements of Treasury Regulations Sections 1.401-1(a)(2)
and 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code
Sections 401(a)(17) and 415): .
Participants to whom alternative death benefit applies (must specify - specific positions are
permissible; specific individuals may not be named): .
Eligibility conditions for alternative death benefit (must specify in a manner that satisfies the
definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
B. Terminated Vested Death Benefit
(1) Complete this Section only if the Employer offers a terminated vested death
benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in
the event that a Participant who is vested dies after termination of employment but before
Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the
Employer hereby elects the following terminated vested death benefit (check one):
Auto A Death Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that
would have otherwise been payable to the Participant had he elected a 100% joint
and survivor benefit under Section 7.03 of the Master Plan.
Accrued Retirement Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary which shall be actuarially equivalent to the
Participant's Accrued Normal Retirement Benefit determined as of the date of
death.
(2) Exceptions: If a terminated vested death benefit other than that specified above
applies to one or more classes of Participants, the Employer must specify below the death benefit
payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for
said death benefit.
Alternative Death Benefit (must specify formula that satisfies the definite written program
and definitely determinable requirements of Treasury Regulations Sections 1.401-1(a)(2)
and 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code
Sections 401(a)(17) and 415): .
Participants to whom alternative death benefit applies (must specify - specific positions are
permissible; specific individuals may not be named): .
- Page 71 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Eligibility conditions for alternative death benefit (must specify in a manner that satisfies the
definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): .
19. EMPLOYEE CONTRIBUTIONS
(1) Employee contributions (check one):
Are not required.
Are required in the amount of _____ % (insert percentage) of Earnings for all
Participants.
Are required in the amount of _____ % (insert percentage) of Earnings for
Participants in the following classes (must specify - specific positions are
permissible; specific individuals may not be named): .
[Repeat above subsection as necessary if more than one contribution rate applies.]
(2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions are
required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee
Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee
Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of
IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the
Employer's responsibility to ensure that Employee Contributions are paid and reported in
accordance with IRC Section 414(h). The Adopting Employer must not report picked up
contributions as wages subject to federal income tax withholding.
The Employer hereby elects (check one):
To pick up Employee Contributions. By electing to pick up Employee
Contributions, the Adopting Employer specifies that the contributions, although
designated as Employee Contributions, are being paid by the Employer in lieu of
Employee Contributions. The Adopting Employer confirms that the executor of
this Adoption Agreement is duly authorized to take this action as required to pick
up contributions. This pick-up of contributions applies prospectively, and it is
evidenced by this contemporaneous written document. On and after the date of the
pick-up of contributions, a Participant does not have a cash or deferred election
right (within the meaning of Treasury Regulation Section 1.401(k)-1(a)(3)) with
respect to the designated Employee Contributions, which includes not having the
option of receiving the amounts directly instead of having them paid to the Plan.
Not to pick up Employee Contributions.
(3) Interest on Employee Contributions. The Adopting Employer may elect to pay
interest on any refund of Employee Contributions.
Interest shall not be paid.
- Page 72 -Item #4.
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City of Tybee Island (Amended Effective October 22, 2020)
Interest shall be paid on a refund of Employee Contributions at a rate established
by GMEBS from time to time.
Other rate of interest (must specify rate in a manner that satisfies the definite
written program requirement of Treasury Regulation 1.401-1(a)(2) and the
definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)):
.
20. MODIFICATION OF THE TERMS OF THE ADOPTION
AGREEMENT
If an Adopting Employer desires to amend any of its elections contained in this Adoption
Agreement (or any Addendum), the Governing Authority by official action must adopt an
amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or
Addendum) must be adopted and forwarded to the Board for approval. The amendment of the
new Adoption Agreement (or Addendum) is not effective until approved by the Board and other
procedures required by the Plan have been implemented.
The Administrator will timely inform the Adopting Employer of any amendments made by the
Board to the Plan.
21. TERMINATION OF THE ADOPTION AGREEMENT
This Adoption Agreement (and any Addendum) may be terminated only in accordance with the
Plan. The Administrator will inform the Adopting Employer in the event the Board should decide
to discontinue this volume submitter program.
22. EMPLOYER ADOPTION AND AUTHORIZATION FOR
AMENDMENTS
Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any
Addendum, which is attached hereto and made a part of this ordinance. The Adoption Agreement
(and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits
to be provided by the Adopting Employer under the Plan, and any conditions imposed by the
Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer
reserves the right to amend its elections under the Adoption Agreement and any Addendum, so
long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other
applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer
acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes
certain elections under the Adoption Agreement or the Addendum.
The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules
and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time
to time, in all matters pertaining to the operation and administration of the Plan. It is intended that
the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the
- Page 73 -Item #4.
- 35 –
City of Tybee Island (Amended Effective October 22, 2020)
Board are to be construed in harmony with each other. In the event of a conflict between the
provisions of any of the foregoing, they shall govern in the following order:
(1) The Act creating the Board of Trustees of The Georgia Municipal Employees'
Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in
the Appendix to the Master Defined Benefit Plan Document) and any other
applicable provisions of O.C.G.A. Title 47;
(2) The Master Defined Benefit Plan Document and Trust Agreement;
(3) This Ordinance and Adoption Agreement (and any Addendum); and
(4) The rules and regulations of the Board.
In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared
or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously
existing provisions or the other section or sections, subsections, sentences, clauses or phrases of
this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause
or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof.
The Governing Authority hereby declares that it would have passed the remaining parts of this
Plan or retained the previously existing provisions if it had known that such part or parts hereof
would be declared or adjudicated invalid or unconstitutional.
This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia
Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document
approved by the Internal Revenue Service under advisory letter J501718a dated March 30, 2018.
The Adopting Employer understands that failure to properly complete this Adoption Agreement
(or any Addendum), or to operate and maintain the Plan and Trust in accordance with the terms of
the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may
result in disqualification of the Adopting Employer's Plan under the Internal Revenue Code.
Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the
IRS advisory letter should be directed to the Administrator. The Administrator is Georgia
Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor
Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404) 688-0472. The
primary person to contact is: GMEBS Legal Counsel.
Authorization for Amendments. Effective on and after February 17, 2005, the Adopting
Employer hereby authorizes the volume submitter practitioner who sponsors the Plan on behalf of
GMEBS to prepare amendments to the Plan, for approval by the Board, on its behalf as provided
under Revenue Procedure 2005-16, as superseded by Revenue Procedure 2015-36, Revenue
Procedure 2011-49, and Announcement 2005-37. Effective January 1, 2013, Georgia Municipal
Association, Inc., serves as the volume submitter practitioner for the Plan. Employer notice and
signature requirements were met for the Adopting Employer before the effective date of
February 17, 2005. The Adopting Employer understands that the implementing amendment reads
as follows:
On and after February 17, 2005, the Board delegates to the Practitioner the
authority to advise and prepare amendments to the Plan, for approval by the Board,
on behalf of all Adopting Employers, including those Adopting Employers who
- Page 74 -Item #4.
- 36 –
City of Tybee Island (Amended Effective October 22, 2020)
have adopted the Plan prior to the January 1, 2013, restatement of the Plan, for
changes in the Code, the regulations thereunder, revenue rulings, other statements
published by Internal Revenue Service, including model, sample, or other required
good faith amendments (but only if their adoption will not cause such Plan to be
individually designed), and for corrections of prior approved plans. These
amendments shall be applied to all Adopting Employers. Employer notice and
signature requirements have been met for all Adopting Employers before the
effective date of February 17, 2005. In any event, any amendment prepared by the
Practitioner and approved by the Board will be provided by the Administrator to
Adopting Employers.
Notwithstanding the foregoing paragraph, no amendment to the Plan shall
be prepared on behalf of any Adopting Employer as of either:
• the date the Internal Revenue Service requires the Adopting
Employer to file Form 5300 as an individually designed plan as a
result of an amendment by the Adopting Employer to incorporate a
type of Plan not allowable in a volume submitter plan as described
in Revenue Procedure 2015-36; or
• as of the date the Plan is otherwise considered an individually
designed plan due to the nature and extent of the amendments.
If the Adopting Employer is required to obtain a determination letter for any
reason in order to maintain reliance on the advisory letter, the Practitioner's
authority to amend the Plan on behalf of the Adopting Employer is conditioned on
the Plan receiving a favorable determination letter.
The Adopting Employer further understands that, if it does not give its authorization
hereunder or, in the alternative, adopt another pre-approved plan, its Plan will become an
individually designed plan and will not be able to rely on the volume submitter advisory letter.
- Page 75 -Item #4.
- 37 –
City of Tybee Island (Amended Effective October 22, 2020)
AN ORDINANCE (continued from page 1)
Section 2. Except as otherwise specifically required by law or by the terms of the Master
Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with
respect to persons whose employment with the City was terminated or who vacated his office with
the City for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall
be governed by such Plan, if any, as it existed and was in effect at the time of such termination.
Section 3. The effective date of this Ordinance shall be October 22, 2020.
Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly
repealed.
Approved by the Mayor and Council of the City of Tybee Island, Georgia this _______
day of _____________________, 20_____.
Attest: CITY OF TYBEE ISLAND, GEORGIA
City Clerk Mayor
(SEAL)
Approved:
__________________________
City Attorney
The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of
Georgia Municipal Employees Benefit System.
IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit
System has caused its Seal and the signatures of its duly authorized officers to be affixed this
______ day of __________________________, 20____.
Board of Trustees
Georgia Municipal Employees
Benefit System
(SEAL)
Secretary
- Page 76 -Item #4.
RISK MANAGEMENT AND EMPLOYEE BENEFIT SERVICES BOARD OF TRUSTEES
Chairman
W. D. Palmer, III
Councilmember, Camilla
Vice Chairman
Rebecca L. Tydings
City Attorney, Centerville
Secretary-Treasurer
Larry H. Hanson
Executive Director
Trustees:
Shelly Berryhill
Councilmember, Hawkinsville
Linda Blechinger
Mayor, Auburn
Ronald Feldner
City Manager, Garden City
Marcia Hampton
City Manager,
Douglasville
Meg Kelsey
City Manager, LaGrange
Sam Norton
Mayor, Dahlonega
David Nunn
City Manager, Madison
James F. Palmer
Mayor, Calhoun
John Reid
Mayor, Eatonton
Kenneth L. Usry
Mayor, Thomson
Clemontine Washington
Mayor Pro Tem, Midway
Donna Whitener
Vince Williams
Mayor, Union City
The Burgess Building • 201 Pryor Street, SW • Atlanta, GA 30303-3606 • Tel 404.688.0472 • Toll Free 1.888.488.4462 • Website www.gacities.com
September 28, 2020
TRANSMITTED VIA E-MAIL
(jelliott@cityoftybee.org)
Ms. Janice Elliott
Human Resources Administrator
City of Tybee Island
P.O. Box 2749
Tybee Island, Georgia 31328-2749
RE: City of Tybee Island Georgia Municipal Employees Benefit System (GMEBS)
Defined Benefit Retirement Plan; Amendment to Establish an Early
Retirement Incentive Program
Dear Ms. Elliott:
Per the City’s request, enclosed please find a draft amended Adoption Agreement, a draft
amended General Addendum and a draft Early Retirement Incentive Program (“ERIP”)
Addendum for the City of Tybee Island’s Georgia Municipal Employees Benefit System
(“GMEBS”) Defined Benefit Retirement Plan (“Plan”). The amendment to the Plan
establishes an Early Retirement Incentive Program (“ERIP”) through the One-Time Early
Retirement Incentive Addendum, as follows:
Eligibility Retirements – Paragraph 1 of the ERIP Addendum provides that an eligible
regular employee may apply for an enhanced early retirement benefit if his/her years of age
combined with his/her years of credited service as an eligible regular employee under the
retirement plan equals or exceeds 75 years as of October 31, 2020 (“Rule of 75”). No
minimum age or years of credited service is required. Elected officials cannot participate in
the ERIP. GMEBS portability service (i.e., service with other GMEBS employers) cannot
be used to meet the Rule of 75. Participants who become reemployed on or after October 22,
2020, will not be eligible to apply for this enhanced early retirement benefit.
Enhanced (Unreduced) Early Retirement Benefit – Paragraph 2 of the ERIP Addendum
states that eligible participants who elect the enhanced early retirement benefit will receive
an unreduced retirement benefit without actuarial reduction for the participant’s younger age
at retirement. The retirement benefit will be calculated in the usual manner, based upon the
participant’s service and final average earnings upon termination.
IRC Section 415 Limits – Internal Revenue Code Section 415 may restrict the annual
retirement benefit amount that eligible participants can receive if they retire at significantly
younger ages. Benefits paid under the retirement plan cannot exceed certain annual dollar
limits established under the IRC Section 415. This limit is currently $230,000 per year but
is reduced for those who retire at ages younger than 62.
- Page 77 -Item #4.
Ms. Janice Elliott
September 28, 2020
Page 2
Window Period for Acceptance of Early Retirement Offer: October 23, 2020 – December 9, 2020 –
Paragraph 3 of the ERIP Addendum establishes a window period between 9:00 a.m., Friday October 23,
2020, and 4:00 p.m., Wednesday December 9, 2020, during which eligible participants may apply for the
enhanced early retirement benefit on a form(s) provided by the city for this purpose. Please note that we
have not included a draft election form with the enclosed materials.
7-Day Revocation Period – Paragraph 4 of the ERIP Addendum gives participants who elect to retire under
the ERIP an opportunity to revoke their election. This revocation period will end seven (7) days after the
employee submits the election. If a participant doesn’t revoke his or her election by the end of the revocation
period, his or her election to retire under the program will become irrevocable.
Termination Date; Effective Retirement Date – Paragraph 5 of the ERIP Addendum provides that a
participant who irrevocably elects to terminate, retire and receive enhanced early retirement benefits
pursuant to the ERIP must terminate no later than the last day of the month coinciding with or next following
the day after the 7-day revocation period ends. A participant must meet the Rule of 75 before he or she
terminates to be eligible for the ERIP. The participant’s effective retirement date will be the first day of the
month following his or her termination date. Monthly retirement benefits for the participant will begin as
of his or her effective retirement date, provided that GMEBS has received all the necessary documentation,
and will be payable on the first day of each month thereafter for as long as the participant is eligible to
receive GMEBS retirement benefits. Please note, if the participant dies before his or her effective retirement
date, the enhanced early retirement benefits provided under the ERIP will not be payable.
Please note that the draft ERIP Addendum amends the City’s GMEBS retirement plan only. The ERIP
Addendum does not address any non-retirement benefits that may be offered in connection with the ERIP.
If the City is going to include non-retirement benefits as part of the ERIP, these should be addressed outside
of the ERIP Addendum, since they would not be part of the retirement plan.
Age Discrimination in Employment Act and Older Workers Benefit Protection Act – The Age
Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPS)
impose certain rules with respect to early retirement incentives and employee waivers or releases that may
be sought in connection with such programs. We suggest you consult the City Attorney regarding these
requirements. These requirements are designed in part to ensure an employee’s decision to retire under an
early retirement incentive program is knowing and voluntary.
The ADEA and OWBPA appear to require that if the City is going to mandate that employees sign a release
of waiver of claims against the City in connection with the ERIP, the City must provide notice to eligible
employees, explaining the eligibility requirements, benefits offered, and other details of the early retirement
incentive program. If the City intends to provide benefits (other than enhanced retirement benefits) in
connection with the program, these should be explained in the notice as well. The notice should also advise
employees to consult an attorney before electing to participate under the ERIP.
We have enclosed a sample draft notice that you may want to use a starting point to prepare a notice
to employees regarding the ERIP. This sample notice will need to be modified to reflect the specific terms
of your program. Also, it contains notes to the city that will have to be deleted before it can be given to
employees.
If the City is going to require participants to sign a release of waiver of ADEA or other possible legal claims
in connection with the early retirement incentive program, there are a number of additional requirements
that must be met to ensure the enforceability of the waiver (we have not included a sample release/waiver
- Page 78 -Item #4.
Ms. Janice Elliott
September 28, 2020
Page 3
form with the enclosed materials). One of these requirements is that the employees be given a minimum
45-day window period in which to consider their election. The ADEA regulation also provides that, if a
release or waiver of claims is going to be required, the employee notice regarding the program must specify
job titles and ages of all persons eligible to retire under the window, and the ages of all persons who are not
eligible.
If you are going to require a waiver/release this information should be included as part of the employee
notice. The enclosed sample notice does not include this information; it will have to be supplied by the City
if the City is going to require that employees sign a waiver or release in connection with the ERIP.
We are enclosing for your review and information an article and copy of the ADEA regulations that
summarize the requirements applicable to early retirement incentive programs and waivers sought in
connection with such programs. These materials, this letter and the sample documents provided are for
informational purposes only and should not be considered legal advice. Please consult the City Attorney on
any legal requirements associated with implementation of the ERIP.
The Adoption Agreement provides that the amendment will become effective on October 22, 2020. Please
note that per O.C.G.A. § 47-5-40, the Adoption Agreement has been drafted in the form of an
ordinance.
If the draft Adoption Agreement, General Addendum and ERIP Addendum are acceptable as drafted, please
have the designated representatives sign and date each document where indicated (p. 37, p. 2, p. 3,
respectively). Once the documents are executed, please scan and email each document to Regina Gresham
at rgresham@gacities.com. We will then countersign the documents and return an electronic copy to you.
Please note that GMEBS will not execute plan documents that have been edited by the City. If changes are
needed to the documents please let us know before adopting them.
If you have any questions about the information provided in this letter or require further information, please
feel free to contact me at (678) 686-6236 or cdorsey@gacities.com.
Sincerely,
Caroline Dorsey
Associate General Counsel
Encl.
C: Mr. Edward Hughes, City Attorney, City of Tybee Island (w/ encl.)
Ms. Marinetty Bienvenu, Director, Employee Benefit Services (w/o encl.)
Ms. Michelle Warner, Director, Retirement Field Services and DC Program (w/o encl.)
Ms. Gwin Hall, Senior Associate General Counsel (w/o encl.)
- Page 79 -Item #4.
City of Tybee Island (Amended Effective October 22, 2020)
GENERAL ADDENDUM TO THE
GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM
DEFINED BENEFIT RETIREMENT PLAN
ADOPTION AGREEMENT
This is an Addendum to the Adoption Agreement completed by the City
of Tybee Island, Georgia as follows (complete one or more sections, as
applicable):
*** Items (1) through (11) of General Addendum – Not Applicable ***
(12) Minimum and Maximum Limits on Normal Retirement Benefit Amount
for Regular Employees.
Check one or more as applicable:
(a) The minimum monthly normal retirement benefit amount shall
be: $________, _____% of the Participant's Final Average
Earnings (specify minimum monthly amount or percentage).
The minimum benefit amount elected above shall apply to (check
one):
All Participants who are Regular Employees.
Only the following Participants (must specify)
_______________________________________________________.
(b) The maximum monthly normal retirement benefit amount shall
be: $_______, 100% (specify maximum monthly amount or
percentage) of: the highest monthly earnings used to calculate
the Participant's Final Average Earnings, the Participant's Final
Average Earnings. This maximum benefit limit shall apply in
addition to and not in lieu of any applicable limits under Internal
Revenue Code Section 415.
The maximum benefit amount elected above shall apply to (check
one):
All Participants who are Regular Employees.
Only the following Participants (must specify)
_______________________________________________________.
- Page 80 -Item #4.
- 2 -
City of Tybee Island (Amended Effective October 22, 2020)
Note: The minimum or maximum limit elected above shall apply to the
standard form of payment. If the Participant elects a different
form of benefit payment, the limit shall be actuarially adjusted
based on the form of benefit payment elected.
*** Items (13) through (15) of General Addendum – Not Applicable ***
The terms of the foregoing Addendum to the Adoption Agreement are
approved by the Mayor and Council of the City of Tybee Island, Georgia this
________ day of _____________, 20____.
Attest: CITY OF TYBEE ISLAND, GEORGIA
_________________________ ____________________________________
City Clerk Mayor
(SEAL)
Approved:
__________________________
City Attorney
The terms of the foregoing Addendum are approved by the Board of
Trustees of the Georgia Municipal Employees Benefit System.
IN WITNESS WHEREOF, the Board of Trustees of the Georgia
Municipal Employees Benefit System has caused its Seal and the signatures of
its duly authorized officers to be affixed this ______ day of
__________________________, 20____.
Board of Trustees
Georgia Municipal Employees
Benefit System
(SEAL)
____________________________________
Secretary
- Page 81 -Item #4.
[Note to Employer: this sample notice is intended for general information purposes only. It
does not and is not intended to constitute legal advice. Please consult your legal counsel to
determine how the law applies to your specific circumstances.]
SAMPLE
(On Employer Stationery)
TO: ____________________________________, EMPLOYEE
FROM: ____________________________________
DATE: ____________________________________
RE: EARLY RETIREMENT INCENTIVE PROGRAM
______________________________________________________________________________
The Mayor and Council of the City of Tybee Island have voted to adopt an Early Retirement
Incentive Program (ERIP), which is designed to provide special benefits to certain eligible
regular employees who elect to terminate employment and retire under the program during a
limited window period. Participation in the program is completely voluntary. Assuming you
meet the program’s eligibility requirements, the decision whether to elect early retirement is
entirely up to you. Below is a more detailed explanation of the eligibility requirements and
benefits available under the program.
Eligible Employees
You are eligible to participate under the Early Retirement Incentive Program if, as of October 31,
2020, your years of age combined with your years of Credited Service as an eligible regular
employee under the City of Tybee Island’s GMEBS defined benefit retirement plan will equal or
exceed 75 years (“Rule of 75”). No minimum age or years of Credited Service is required.
Credited Service with other GMEBS member employers (GMEBS portability service) may not
be used to meet this eligibility requirement; additionally, service as an elected official of the City
of Tybee Island may not be used to meet this eligibility requirement. In order to participate, you
must make an election in accordance with the rules explained below.
[Note to Employer: If employees are going to be required to sign a waiver of their legal
rights or a covenant not to sue in connection with their election, then ADEA regulations
require that in order for the waiver to be enforceable, eligible employees must receive prior
notice of the job titles and ages of all individuals who are eligible to participate under the
program and the ages of all individuals who are not eligible. See generally 29 CFR §
- Page 82 -Item #4.
2
1625.22(f)(ii) and other regulations on notice requirements.]
Benefits Available under the Program
Normal Rules in the Absence of the Early Retirement Incentive Program
The City’s defined benefit retirement plan normally requires that you be at least age 65 and have
at least 5 years of Total Credited Service in order to receive an unreduced normal retirement
benefit. Alternatively, if you are a police officer or a firefighter, you are eligible for an
unreduced normal retirement benefit if you are at least age 55 and have at least 20 years of Total
Credited Service. Note: If you already qualify for the 65 & 5 normal retirement benefit (or the
55 & 20 alternative normal retirement benefit available to police officers and firefighters) you
would not receive an enhanced benefit if you chose to participate in the ERIP, because you
already qualify for a normal retirement benefit that is not reduced on account of your age (see
“Enhanced Early Retirement Benefit Under ERIP” below).
Normally under the retirement plan, an employee may elect early retirement if he or she has
attained age 55 and has a minimum of 10 years of Total Credited Service. However, the amount
of the early retirement benefit is reduced to take into account the fact that monthly benefits will
likely be paid to the participant over a longer period of time (due to the participant’s younger age
at early retirement).
Enhanced Early Retirement Benefit under Early Retirement Incentive Program
Eligible Employees are being given a one-time opportunity to elect to retire under the Early
Retirement Incentive Program. If you are eligible (i.e., if you meet the Rule of 75 as of October
31, 2020) and if you properly elect to participate in the program, you will receive an early
retirement benefit that is not reduced on account of your age. That is, the reduction which is
normally applied to an early retirement benefit to account for a participant’s younger age at early
retirement (see above) will not be applied to early retirement benefits paid under the program. As
a reminder, if you are eligible for the ERIP but you are also already eligible for an
unreduced normal retirement or alternative normal retirement benefit (see above), the
ERIP does not provide an incentive for you to retire; the incentive provided by the ERIP is
the ability to receive an early retirement benefit that is not reduced on account of your age.
IRC Section 415 Limitations
Notwithstanding any of the provisions of the Early Retirement Incentive Program, retirement
benefits paid under the retirement plan cannot exceed certain dollar limits established under
Internal Revenue Code (IRC) Section 415. This limit is currently $230,000 per year, but the limit
is significantly reduced for individuals who retire at ages much younger than age 62. Certain
exceptions may apply for employees who have at least 15 years of credited service as police
officers or firefighters.
Other Benefits
[Note to Employer: please describe here any additional benefits outside of the Retirement
Plan (e.g., health or dental benefits) that are going to be provided to participating
employees].
- Page 83 -Item #4.
3
Election Window Period
If you meet the eligibility requirements and you want to elect to retire early under the program,
you must make your election during a limited election window period. The election window
period is between 9:00 a.m., Friday, October 23, 2020 and 4:00 p.m. Wednesday, December
9, 2020. Please note you cannot make an election to retire under the program after you have
terminated employment with the City of Tybee Island. You may submit your election to retire
under the ERIP before reaching the Rule of 75; however, to be eligible for the unreduced early
retirement benefit you must remain employed until your age combined with your years of
service equals or exceeds 75.
Forms Required for Election
If you are eligible and choose to participate in the Early Retirement Incentive Program, you will
be required to complete, sign, and submit to the Human Resources Administrator an election
form and any other forms as required by the City. If you do not complete and submit all required
forms before the end of the election window period, you will not be able to participate in the
program, even if you otherwise meet the eligibility requirements under the program. Please see
the Human Resources Administrator to obtain information about the election form.
[Note to Employer – the following provision should be included only if the Employer will
require waiver of the right to sue the Employer as a condition of participating in the early
retirement incentive program. Please note, GMEBS cannot supply the election and waiver
forms but these forms should be distributed with the employee notice on or before the date
the election period opens if waiver/release will be required]:
As a condition of participation in the Early Retirement Incentive Program, you will also be
required to sign a Release/Waiver/Covenant Not to Sue. A copy of this form is attached to
this notice. This form must be submitted to the Human Resources Administrator with
your election form.]
Seven (7) Days to Revoke Election
You will have seven (7) days after you submit your election form to revoke your election. To
revoke your election, you must deliver a written letter revoking your election, signed by you, to
the Human Resources Administrator. If you do not revoke your election within seven (7) days
after you submit it, then your election to terminate employment and receive enhanced early
retirement benefits will become irrevocable. However, if you die before your effective retirement
date, your election will be considered null and void.
Required Termination Date; Effective Retirement Date
If you elect to retire under the program (and assuming you do not revoke your election before the
revocation period expires), you will be required to terminate employment no later than the last
day of the month coinciding with or next following the day after your 7-day revocation period
ends. Your effective retirement date will be the first day of the month following your termination
date, provided that you have submitted all the necessary documentation to permit
commencement of retirement benefits.
- Page 84 -Item #4.
4
Additional Information
This notice provides only a general description of the Early Retirement Incentive Program. The
terms of the program are explained in greater detail in the One-Time Early Retirement Incentive
Addendum to the City’s Retirement Plan Adoption Agreement. A copy of the Addendum is
available from the Human Resources Administrator.
Consultation with Attorney
You should take the opportunity to analyze the Early Retirement Incentive Program for yourself,
and you should consult with an attorney before you decide to make an election under the
program. Your election to participate in the Early Retirement Incentive Program is completely
voluntary, and eligible employees may take advantage of the program’s special benefits or
decline the offer.
A Final Word
Please remember, your election to participate in the Early Retirement Incentive Program is
completely voluntary. The program is available only during this limited window period. The City
has no current intention to offer another Early Retirement Incentive Program in the future. All
other definitions, provisions and benefits of the City’s retirement plan remain unchanged.
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337
Equal Employment Opportunity Comm. §1625.22
Subpart B—Substantive
Regulations
§1625.21 Apprenticeship programs.
All apprenticeship programs, includ-
ing those apprenticeship programs cre-
ated or maintained by joint labor-man-
agement organizations, are subject to
the prohibitions of sec. 4 of the Age
Discrimination in Employment Act of
1967, as amended, 29 U.S.C. 623. Age
limitations in apprenticeship programs
are valid only if excepted under sec.
4(f)(1) of the Act, 29 U.S.C. 623(f)(1), or
exempted by the Commission under
sec. 9 of the Act, 29 U.S.C. 628, in ac-
cordance with the procedures set forth
in 29 CFR 1627.15.
[61 FR 15378, Apr. 8, 1996]
§1625.22 Waivers of rights and claims
under the ADEA.
(a) Introduction. (1) Congress amended
the ADEA in 1990 to clarify the prohibi-
tions against discrimination on the
basis of age. In Title II of OWBPA, Con-
gress addressed waivers of rights and
claims under the ADEA, amending sec-
tion 7 of the ADEA by adding a new
subsection (f).
(2) Section 7(f)(1) of the ADEA ex-
pressly provides that waivers may be
valid and enforceable under the ADEA
only if the waiver is ‘‘knowing and vol-
untary’’. Sections 7(f)(1) and 7(f)(2) of
the ADEA set out the minimum re-
quirements for determining whether a
waiver is knowing and voluntary.
(3) Other facts and circumstances
may bear on the question of whether
the waiver is knowing and voluntary,
as, for example, if there is a material
mistake, omission, or misstatement in
the information furnished by the em-
ployer to an employee in connection
with the waiver.
(4) The rules in this section apply to
all waivers of ADEA rights and claims,
regardless of whether the employee is
employed in the private or public sec-
tor, including employment by the
United States Government.
(b) Wording of Waiver Agreements. (1)
Section 7(f)(1)(A) of the ADEA pro-
vides, as part of the minimum require-
ments for a knowing and voluntary
waiver, that:
The waiver is part of an agreement be-
tween the individual and the employer that
is written in a manner calculated to be un-
derstood by such individual, or by the aver-
age individual eligible to participate.
(2) The entire waiver agreement must
be in writing.
(3) Waiver agreements must be draft-
ed in plain language geared to the level
of understanding of the individual
party to the agreement or individuals
eligible to participate. Employers
should take into account such factors
as the level of comprehension and edu-
cation of typical participants. Consid-
eration of these factors usually will re-
quire the limitation or elimination of
technical jargon and of long, complex
sentences.
(4) The waiver agreement must not
have the effect of misleading, misin-
forming, or failing to inform partici-
pants and affected individuals. Any ad-
vantages or disadvantages described
shall be presented without either exag-
gerating the benefits or minimizing the
limitations.
(5) Section 7(f)(1)(H) of the ADEA, re-
lating to exit incentive or other em-
ployment termination programs of-
fered to a group or class of employees,
also contains a requirement that infor-
mation be conveyed ‘‘in writing in a
manner calculated to be understood by
the average participant.’’ The same
standards applicable to the similar lan-
guage in section 7(f)(1)(A) of the ADEA
apply here as well.
(6) Section 7(f)(1)(B) of the ADEA pro-
vides, as part of the minimum require-
ments for a knowing and voluntary
waiver, that ‘‘the waiver specifically
refers to rights or claims under this
Act.’’ Pursuant to this subsection, the
waiver agreement must refer to the
Age Discrimination in Employment
Act (ADEA) by name in connection
with the waiver.
(7) Section 7(f)(1)(E) of the ADEA re-
quires that an individual must be ‘‘ad-
vised in writing to consult with an at-
torney prior to executing the agree-
ment.’’
(c) Waiver of future rights. (1) Section
7(f)(1)(C) of the ADEA provides that:
A waiver may not be considered knowing
and voluntary unless at a minimum . . . the
individual does not waive rights or claims
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29 CFR Ch. XIV (7–1–07 Edition) §1625.22
that may arise after the date the waiver is
executed.
(2) The waiver of rights or claims
that arise following the execution of a
waiver is prohibited. However, section
7(f)(1)(C) of the ADEA does not bar, in
a waiver that otherwise is consistent
with statutory requirements, the en-
forcement of agreements to perform fu-
ture employment-related actions such
as the employee’s agreement to retire
or otherwise terminate employment at
a future date.
(d) Consideration. (1) Section 7(f)(1)(D)
of the ADEA states that:
A waiver may not be considered knowing
and voluntary unless at a minimum * * * the
individual waives rights or claims only in ex-
change for consideration in addition to any-
thing of value to which the individual al-
ready is entitled.
(2) ‘‘Consideration in addition’’
means anything of value in addition to
that to which the individual is already
entitled in the absence of a waiver.
(3) If a benefit or other thing of value
was eliminated in contravention of law
or contract, express or implied, the
subsequent offer of such benefit or
thing of value in connection with a
waiver will not constitute ‘‘consider-
ation’’ for purposes of section 7(f)(1) of
the ADEA. Whether such elimination
as to one employee or group of employ-
ees is in contravention of law or con-
tract as to other employees, or to that
individual employee at some later
time, may vary depending on the facts
and circumstances of each case.
(4) An employer is not required to
give a person age 40 or older a greater
amount of consideration than is given
to a person under the age of 40, solely
because of that person’s membership in
the protected class under the ADEA.
(e) Time periods. (1) Section 7(f)(1)(F)
of the ADEA states that:
A waiver may not be considered knowing
and voluntary unless at a minimum * * *
(i) The individual is given a period of at
least 21 days within which to consider the
agreement; or
(ii) If a waiver is requested in connection
with an exit incentive or other employment
termination program offered to a group or
class of employees, the individual is given a
period of at least 45 days within which to
consider the agreement.
(2) Section 7(f)(1)(G) of the ADEA
states:
A waiver may not be considered knowing
and voluntary unless at a minimum . . . the
agreement provides that for a period of at
least 7 days following the execution of such
agreement, the individual may revoke the
agreement, and the agreement shall not be-
come effective or enforceable until the rev-
ocation period has expired.
(3) The term ‘‘exit incentive or other
employment termination program’’ in-
cludes both voluntary and involuntary
programs.
(4) The 21 or 45 day period runs from
the date of the employer’s final offer.
Material changes to the final offer re-
start the running of the 21 or 45 day pe-
riod; changes made to the final offer
that are not material do not restart
the running of the 21 or 45 day period.
The parties may agree that changes,
whether material or immaterial, do not
restart the running of the 21 or 45 day
period.
(5) The 7 day revocation period can-
not be shortened by the parties, by
agreement or otherwise.
(6) An employee may sign a release
prior to the end of the 21 or 45 day time
period, thereby commencing the man-
datory 7 day revocation period. This is
permissible as long as the employee’s
decision to accept such shortening of
time is knowing and voluntary and is
not induced by the employer through
fraud, misrepresentation, a threat to
withdraw or alter the offer prior to the
expiration of the 21 or 45 day time pe-
riod, or by providing different terms to
employees who sign the release prior to
the expiration of such time period.
However, if an employee signs a release
before the expiration of the 21 or 45 day
time period, the employer may expe-
dite the processing of the consideration
provided in exchange for the waiver.
(f) Informational requirements. (1) In-
troduction. (i) Section 7(f)(1)(H) of the
ADEA provides that:
A waiver may not be considered knowing
and voluntary unless at a minimum . . . if a
waiver is requested in connection with an
exit incentive or other employment termi-
nation program offered to a group or class of
employees, the employer (at the commence-
ment of the period specified in subparagraph
(F)) [which provides time periods for employ-
ees to consider the waiver] informs the indi-
vidual in writing in a manner calculated to
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Equal Employment Opportunity Comm. §1625.22
be understood by the average individual eli-
gible to participate, as to—
(i) Any class, unit, or group of individuals
covered by such program, any eligibility fac-
tors for such program, and any time limits
applicable to such program; and
(ii) The job titles and ages of all individ-
uals eligible or selected for the program, and
the ages of all individuals in the same job
classification or organizational unit who are
not eligible or selected for the program.
(ii) Section 7(f)(1)(H) of the ADEA ad-
dresses two principal issues: to whom
information must be provided, and
what information must be disclosed to
such individuals.
(iii)(A) Section 7(f)(1)(H) of the ADEA
references two types of ‘‘programs’’
under which employers seeking waivers
must make written disclosures: ‘‘exit
incentive programs’’ and ‘‘other em-
ployment termination programs.’’ Usu-
ally an ‘‘exit incentive program’’ is a
voluntary program offered to a group
or class of employees where such em-
ployees are offered consideration in ad-
dition to anything of value to which
the individuals are already entitled
(hereinafter in this section, ‘‘additional
consideration’’) in exchange for their
decision to resign voluntarily and sign
a waiver. Usually ‘‘other employment
termination program’’ refers to a group
or class of employees who were invol-
untarily terminated and who are of-
fered additional consideration in re-
turn for their decision to sign a waiver.
(B) The question of the existence of a
‘‘program’’ will be decided based upon
the facts and circumstances of each
case. A ‘‘program’’ exists when an em-
ployer offers additional consideration
for the signing of a waiver pursuant to
an exit incentive or other employment
termination (e.g., a reduction in force)
to two or more employees. Typically,
an involuntary termination program is
a standardized formula or package of
benefits that is available to two or
more employees, while an exit incen-
tive program typically is a standard-
ized formula or package of benefits de-
signed to induce employees to sever
their employment voluntarily. In both
cases, the terms of the programs gen-
erally are not subject to negotiation
between the parties.
(C) Regardless of the type of pro-
gram, the scope of the terms ‘‘class,’’
‘‘unit,’’ ‘‘group,’’ ‘‘job classification,’’
and ‘‘organizational unit’’ is deter-
mined by examining the ‘‘decisional
unit’’ at issue. (See paragraph (f)(3) of
this section, ‘‘The Decisional Unit.’’)
(D) A ‘‘program’’ for purposes of the
ADEA need not constitute an ‘‘em-
ployee benefit plan’’ for purposes of the
Employee Retirement Income Security
Act of 1974 (ERISA). An employer may
or may not have an ERISA severance
plan in connection with its OWBPA
program.
(iv) The purpose of the informational
requirements is to provide an employee
with enough information regarding the
program to allow the employee to
make an informed choice whether or
not to sign a waiver agreement.
(2) To whom must the information be
given. The required information must
be given to each person in the
decisional unit who is asked to sign a
waiver agreement.
(3) The decisional unit. (i)(A) The
terms ‘‘class,’’ ‘‘unit,’’ or ‘‘group’’ in
section 7(f)(1)(H)(i) of the ADEA and
‘‘job classification or organizational
unit’’ in section 7(f)(1)(H)(ii) of the
ADEA refer to examples of categories
or groupings of employees affected by a
program within an employer’s par-
ticular organizational structure. The
terms are not meant to be an exclusive
list of characterizations of an employ-
er’s organization.
(B) When identifying the scope of the
‘‘class, unit, or group,’’ and ‘‘job classi-
fication or organizational unit,’’ an
employer should consider its organiza-
tional structure and decision-making
process. A ‘‘decisional unit’’ is that
portion of the employer’s organiza-
tional structure from which the em-
ployer chose the persons who would be
offered consideration for the signing of
a waiver and those who would not be
offered consideration for the signing of
a waiver. The term ‘‘decisional unit’’
has been developed to reflect the proc-
ess by which an employer chose certain
employees for a program and ruled out
others from that program.
(ii)(A) The variety of terms used in
section 7(f)(1)(H) of the ADEA dem-
onstrates that employers often use dif-
fering terminology to describe their or-
ganizational structures. When identi-
fying the population of the decisional
unit, the employer acts on a case-by-
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29 CFR Ch. XIV (7–1–07 Edition) §1625.22
case basis, and thus the determination
of the appropriate class, unit, or group,
and job classification or organizational
unit for purposes of section 7(f)(1)(H) of
the ADEA also must be made on a case-
by-case basis.
(B) The examples in paragraph
(f)(3)(iii), of this section demonstrate
that in appropriate cases some sub-
group of a facility’s work force may be
the decisional unit. In other situations,
it may be appropriate for the
decisional unit to comprise several fa-
cilities. However, as the decisional unit
is typically no broader than the facil-
ity, in general the disclosure need be
no broader than the facility. ‘‘Facil-
ity’’ as it is used throughout this sec-
tion generally refers to place or loca-
tion. However, in some circumstances
terms such as ‘‘school,’’ ‘‘plant,’’ or
‘‘complex’’ may be more appropriate.
(C) Often, when utilizing a program
an employer is attempting to reduce
its workforce at a particular facility in
an effort to eliminate what it deems to
be excessive overhead, expenses, or
costs from its organization at that fa-
cility. If the employer’s goal is the re-
duction of its workforce at a particular
facility and that employer undertakes
a decision-making process by which
certain employees of the facility are
selected for a program, and others are
not selected for a program, then that
facility generally will be the decisional
unit for purposes of section 7(f)(1)(H) of
the ADEA.
(D) However, if an employer seeks to
terminate employees by exclusively
considering a particular portion or sub-
group of its operations at a specific fa-
cility, then that subgroup or portion of
the workforce at that facility will be
considered the decisional unit.
(E) Likewise, if the employer ana-
lyzes its operations at several facili-
ties, specifically considers and com-
pares ages, seniority rosters, or similar
factors at differing facilities, and de-
termines to focus its workforce reduc-
tion at a particular facility, then by
the nature of that employer’s decision-
making process the decisional unit
would include all considered facilities
and not just the facility selected for
the reductions.
(iii) The following examples are not
all-inclusive and are meant only to as-
sist employers and employees in deter-
mining the appropriate decisional unit.
Involuntary reductions in force typi-
cally are structured along one or more
of the following lines:
(A) Facility-wide: Ten percent of the
employees in the Springfield facility
will be terminated within the next ten
days;
(B) Division-wide: Fifteen of the em-
ployees in the Computer Division will
be terminated in December;
(C) Department-wide: One-half of the
workers in the Keyboard Department
of the Computer Division will be termi-
nated in December;
(D) Reporting: Ten percent of the em-
ployees who report to the Vice Presi-
dent for Sales, wherever the employees
are located, will be terminated imme-
diately;
(E) Job Category: Ten percent of all
accountants, wherever the employees
are located, will be terminated next
week.
(iv) In the examples in paragraph
(f)(3)(iii) of this section, the decisional
units are, respectively:
(A) The Springfield facility;
(B) The Computer Division;
(C) The Keyboard Department;
(D) All employees reporting to the
Vice President for Sales; and
(E) All accountants.
(v) While the particular cir-
cumstances of each termination pro-
gram will determine the decisional
unit, the following examples also may
assist in determining when the
decisional unit is other than the entire
facility:
(A) A number of small facilities with
interrelated functions and employees
in a specific geographic area may com-
prise a single decisional unit;
(B) If a company utilizes personnel
for a common function at more than
one facility, the decisional unit for
that function (i.e., accounting) may be
broader than the one facility;
(C) A large facility with several dis-
tinct functions may comprise a number
of decisional units; for example, if a
single facility has distinct internal
functions with no employee overlap
(i.e., manufacturing, accounting,
human resources), and the program is
confined to a distinct function, a
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Equal Employment Opportunity Comm. §1625.22
smaller decisional unit may be appro-
priate.
(vi)(A) For purposes of this section,
higher level review of termination de-
cisions generally will not change the
size of the decisional unit unless the
reviewing process alters its scope. For
example, review by the Human Re-
sources Department to monitor compli-
ance with discrimination laws does not
affect the decisional unit. Similarly,
when a regional manager in charge of
more than one facility reviews the ter-
mination decisions regarding one of
those facilities, the review does not
alter the decisional unit, which re-
mains the one facility under consider-
ation.
(B) However, if the regional manager
in the course of review determines that
persons in other facilities should also
be considered for termination, the
decisional unit becomes the population
of all facilities considered. Further, if,
for example, the regional manager and
his three immediate subordinates
jointly review the termination deci-
sions, taking into account more than
one facility, the decisional unit be-
comes the populations of all facilities
considered.
(vii) This regulatory section is lim-
ited to the requirements of section
7(f)(1)(H) and is not intended to affect
the scope of discovery or of substantive
proceedings in the processing of
charges of violation of the ADEA or in
litigation involving such charges.
(4) Presentation of information. (i)
The information provided must be in
writing and must be written in a man-
ner calculated to be understood by the
average individual eligible to partici-
pate.
(ii) Information regarding ages
should be broken down according to
the age of each person eligible or se-
lected for the program and each person
not eligible or selected for the pro-
gram. The use of age bands broader
than one year (such as ‘‘age 20–30’’)
does not satisfy this requirement.
(iii) In a termination of persons in
several established grade levels and/or
other established subcategories within
a job category or job title, the informa-
tion shall be broken down by grade
level or other subcategory.
(iv) If an employer in its disclosure
combines information concerning both
voluntary and involuntary termi-
nations, the employer shall present the
information in a manner that distin-
guishes between voluntary and invol-
untary terminations.
(v) If the terminees are selected from
a subset of a decisional unit, the em-
ployer must still disclose information
for the entire population of the
decisional unit. For example, if the em-
ployer decides that a 10% RIF in the
Accounting Department will come
from the accountants whose perform-
ance is in the bottom one-third of the
Division, the employer still must dis-
close information for all employees in
the Accounting Department, even
those who are the highest rated.
(vi) An involuntary termination pro-
gram in a decisional unit may take
place in successive increments over a
period of time. Special rules apply to
this situation. Specifically, informa-
tion supplied with regard to the invol-
untary termination program should be
cumulative, so that later terminees are
provided ages and job titles or job cat-
egories, as appropriate, for all persons
in the decisional unit at the beginning
of the program and all persons termi-
nated to date. There is no duty to sup-
plement the information given to ear-
lier terminees so long as the disclosure,
at the time it is given, conforms to the
requirements of this section.
(vii) The following example dem-
onstrates one way in which the re-
quired information could be presented
to the employees. (This example is not
presented as a prototype notification
agreement that automatically will
comply with the ADEA. Each informa-
tion disclosure must be structured
based upon the individual case, taking
into account the corporate structure,
the population of the decisional unit,
and the requirements of section
7(f)(1)(H) of the ADEA): Example: Y
Corporation lost a major construction
contract and determined that it must
terminate 10% of the employees in the
Construction Division. Y decided to
offer all terminees $20,000 in severance
pay in exchange for a waiver of all
rights. The waiver provides the section
7(f)(1)(H) of the ADEA information as
follows:
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29 CFR Ch. XIV (7–1–07 Edition) §1625.22
(A) The decisional unit is the Con-
struction Division.
(B) All persons in the Construction
Division are eligible for the program.
All persons who are being terminated
in our November RIF are selected for
the program.
(C) All persons who are being offered
consideration under a waiver agree-
ment must sign the agreement and re-
turn it to the Personnel Office within
45 days after receiving the waiver. Once
the signed waiver is returned to the
Personnel Office, the employee has 7
days to revoke the waiver agreement.
(D) The following is a listing of the
ages and job titles of persons in the
Construction Division who were and
were not selected for termination and
the offer of consideration for signing a
waiver:
Job Title Age No. Se-
lected
No. not se-
lected
(1) Mechanical Engineers, I .............................................................. 25 ........................................... 21 48
26 ........................................... 11 73
63 ........................................... 4 18
64 ........................................... 3 11
(2) Mechanical Engineers, II ............................................................. 28 ........................................... 3 10
29 ........................................... 11 17
Etc., for all ages
(3) Structural Engineers, I ................................................................. 21 ........................................... 5 8
Etc., for all ages
(4) Structural Engineers, II ................................................................ 23 ........................................... 2 4
Etc., for all ages
(5) Purchasing Agents ....................................................................... 26 ........................................... 10 11
Etc., for all ages
(g) Waivers settling charges and law-
suits. (1) Section 7(f)(2) of the ADEA
provides that:
A waiver in settlement of a charge filed
with the Equal Employment Opportunity
Commission, or an action filed in court by
the individual or the individual’s representa-
tive, alleging age discrimination of a kind
prohibited under section 4 or 15 may not be
considered knowing and voluntary unless at
a minimum—
(A) Subparagraphs (A) through (E) of para-
graph (1) have been met; and
(B) The individual is given a reasonable pe-
riod of time within which to consider the
settlement agreement.
(2) The language in section 7(f)(2) of
the ADEA, ‘‘discrimination of a kind
prohibited under section 4 or 15’’ refers
to allegations of age discrimination of
the type prohibited by the ADEA.
(3) The standards set out in para-
graph (f) of this section for complying
with the provisions of section 7(f)(1)
(A)–(E) of the ADEA also will apply for
purposes of complying with the provi-
sions of section 7(f)(2)(A) of the ADEA.
(4) The term ‘‘reasonable time within
which to consider the settlement
agreement’’ means reasonable under all
the circumstances, including whether
the individual is represented by coun-
sel or has the assistance of counsel.
(5) However, while the time periods
under section 7(f)(1) of the ADEA do
not apply to subsection 7(f)(2) of the
ADEA, a waiver agreement under this
subsection that provides an employee
the time periods specified in section
7(f)(1) of the ADEA will be considered
‘‘reasonable’’ for purposes of section
7(f)(2)(B) of the ADEA.
(6) A waiver agreement in compliance
with this section that is in settlement
of an EEOC charge does not require the
participation or supervision of EEOC.
(h) Burden of proof. In any dispute
that may arise over whether any of the
requirements, conditions, and cir-
cumstances set forth in section 7(f) of
the ADEA, subparagraph (A), (B), (C),
(D), (E), (F), (G), or (H) of paragraph
(1), or subparagraph (A) or (B) of para-
graph (2), have been met, the party as-
serting the validity of a waiver shall
have the burden of proving in a court
of competent jurisdiction that a waiver
was knowing and voluntary pursuant
to paragraph (1) or (2) of section 7(f) of
the ADEA.
(i) EEOC’s enforcement powers. (1) Sec-
tion 7(f)(4) of the ADEA states:
No waiver agreement may affect the Com-
mission’s rights and responsibilities to en-
force [the ADEA]. No waiver may be used to
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Equal Employment Opportunity Comm. Pt. 1626
justify interfering with the protected right
of an employee to file a charge or participate
in an investigation or proceeding conducted
by the Commission.
(2) No waiver agreement may include
any provision prohibiting any indi-
vidual from:
(i) Filing a charge or complaint, in-
cluding a challenge to the validity of
the waiver agreement, with EEOC, or
(ii) Participating in any investiga-
tion or proceeding conducted by EEOC.
(3) No waiver agreement may include
any provision imposing any condition
precedent, any penalty, or any other
limitation adversely affecting any indi-
vidual’s right to:
(i) File a charge or complaint, includ-
ing a challenge to the validity of the
waiver agreement, with EEOC, or
(ii) Participate in any investigation
or proceeding conducted by EEOC.
(j) Effective date of this section. (1)
This section is effective July 6, 1998.
(2) This section applies to waivers of-
fered by employers on or after the ef-
fective date specified in paragraph
(j)(1) of this section.
(3) No inference is to be drawn from
this section regarding the validity of
waivers offered prior to the effective
date.
(k) Statutory authority. The regula-
tions in this section are legislative reg-
ulations issued pursuant to section 9 of
the ADEA and Title II of OWBPA.
[63 FR 30628, June 5, 1998]
§1625.23 Waivers of rights and claims:
Tender back of consideration.
(a) An individual alleging that a
waiver agreement, covenant not to sue,
or other equivalent arrangement was
not knowing and voluntary under the
ADEA is not required to tender back
the consideration given for that agree-
ment before filing either a lawsuit or a
charge of discrimination with EEOC or
any state or local fair employment
practices agency acting as an EEOC re-
ferral agency for purposes of filing the
charge with EEOC. Retention of con-
sideration does not foreclose a chal-
lenge to any waiver agreement, cov-
enant not to sue, or other equivalent
arrangement; nor does the retention
constitute the ratification of any waiv-
er agreement, covenant not to sue, or
other equivalent arrangement.
(b) No ADEA waiver agreement, cov-
enant not to sue, or other equivalent
arrangement may impose any condi-
tion precedent, any penalty, or any
other limitation adversely affecting
any individual’s right to challenge the
agreement. This prohibition includes,
but is not limited to, provisions requir-
ing employees to tender back consider-
ation received, and provisions allowing
employers to recover attorneys’ fees
and/or damages because of the filing of
an ADEA suit. This rule is not intended
to preclude employers from recovering
attorneys’ fees or costs specifically au-
thorized under federal law.
(c) Restitution, recoupment, or setoff.
(1) Where an employee successfully
challenges a waiver agreement, cov-
enant not to sue, or other equivalent
arrangement, and prevails on the mer-
its of an ADEA claim, courts have the
discretion to determine whether an em-
ployer is entitled to restitution,
recoupment or setoff (hereinafter, ‘‘re-
duction’’) against the employee’s mon-
etary award. A reduction never can ex-
ceed the amount recovered by the em-
ployee, or the consideration the em-
ployee received for signing the waiver
agreement, covenant not to sue, or
other equivalent arrangement, which-
ever is less.
(2) In a case involving more than one
plaintiff, any reduction must be ap-
plied on a plaintiff-by-plaintiff basis.
No individual’s award can be reduced
based on the consideration received by
any other person.
(d) No employer may abrogate its du-
ties to any signatory under a waiver
agreement, covenant not to sue, or
other equivalent arrangement, even if
one or more of the signatories or the
EEOC successfully challenges the va-
lidity of that agreement under the
ADEA.
[65 FR 77446, Dec. 11, 2000]
PART 1626—PROCEDURES—AGE
DISCRIMINATION IN EMPLOY-
MENT ACT
Sec.
1626.1 Purpose.
1626.2 Terms defined in the Age Discrimina-
tion in Employment Act of 1967, as
amended.
1626.3 Other definitions.
VerDate Aug<31>2005 14:15 Jul 25, 2007 Jkt 211111 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Y:\SGML\211111.XXX 211111ebenthall on PRODPC61 with CFR- Page 108 -Item #4.
File Attachments for Item:
5. George Shaw: Septic to Sewer Fee Policy
- Page 109 -Item #5.
Septic to Sewer fee policy 9-28-2020
It is in the interest of the City of Tybee Island to reduce pollution from failing septic systems on the
island. With rising sea levels, the risk of system failures increases. Septic pollution leaching into the
marsh endangers plant and animal health in this fragile ecosystem.
Therefore:
It shall be the policy of the City of Tybee Island to waive all permit fees related to switching from a septic
system to connection to the City’s sanitary sewer system.
It will still be the responsibility of the homeowner to pay for all connection construction costs.
- Page 110 -Item #5.
File Attachments for Item:
6. First Reading, 2020-20 (Draft), Article 4, Chapter 22, Section 22-110 through 22-112, Noises
- Page 111 -Item #6.
ORDINANCE NO. 2020 ______
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO REVISE PROVISIONS ADDRESSING PROHIBITED NOISE THAT IS
UNREASONABLY LOUD, RAUCOUS, JARRING, DISTURBING OR A NUISANCE
WITHIN THE AREA OF AUDIBILITY AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ELIMINATE PROVISIONS REGARDING
DECIBEL LEVELS FOR THE CONTROL OR MEASUREMENT OF NOISE AND
SUBSTITUTING IN LIEU THEREOF A STANDARD OF PLAINLY AUDIBLE FROM A
SPECIFIED DISTANCE FOR DETERMINATIONS OF OFFENSIVE OR PROHIBITED
NOISE AND TO RECOGNIZE THE ADOPTION OF CIVIL PENALTIES FOR OFFENSES
INCLUDING PROHIBITED NOISE, FOR THE REPEAL OR CONFLICTING
ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND TO AUTHORIZE THE
ENFORCEMENT THEREOF
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, the control of sound and sound making devices which produce noise at levels
that are unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of
audibility is necessary for the peace and wellbeing of residents and visitors to the City; and
WHEREAS, Tybee Island is unique in the location of business establishments, a county
pier where events are conducted and residential dwellings that coexist in close proximity to
commercial establishments that provide gatherings, music and other sources of sound; and
- Page 112 -Item #6.
WHEREAS, wind directions and speeds can have significant impacts on the distribution
of sounds; and
WHEREAS, the City of Tybee Island has for in excess of 15 years explored alternative
methods of addressing noise, noise complaints, disorderly behavior in various residential and other
areas; and
WHEREAS, the City has attempted to improve the peace, tranquility and health and safety
of residents and occupants of residential dwellings by controlling or limiting unreasonably loud
noises through sound level controls based on decibel levels and in the opinion of many, the efforts
have not been as successful as desired; and
WHEREAS, court decisions upholding the constitutionality of the restrictions on noise and
noise producing activity where doing so creates "plainly audible" disturbances to nearby properties
have been recognized and resulted in successful prohibitions and prosecutions; and
WHEREAS, the City of Tybee Island has previously adopted administrative procedures
for civil penalties for certain Code violations which can include unreasonably loud noise
violations;
NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island duly assembled as follows:
SECTION I
Existing Tybee Code Sections identified as Article 4 of Chapter 22 "Noises" Sections 22-
110 through 22-112 are hereby repealed in their entirety and are replaced with the Code Sections
hereinafter set forth and designated numerically as hereinafter set forth.
ARTICLE IV. NOISES
Sec. 22-110. Definitions.
- Page 113 -Item #6.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar
action, for or of public or private rights-of-way, structures, utilities, or similar property.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent ph ysical or
psychological trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of alleviating or resolving an emergency.
Enclosed Building means all space between a floor and ceiling that is en closed on all sides by solid
walls or windows, exclusive of doorways, which extend from the floor to the ceiling.
Holidays means those holidays recognized by the U.S. Office of Personnel Management.
Mechanical Sound Making Devices means any radio receiving device, television, stereo, musical
instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing
or amplifying of sound and/or noise.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not
including a motorcycle.
Motorboat means any vessel which operates on water and which is propelled by a motor, including,
but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to
travel on not more than three wheels in contact with the ground. The term shall include, but not be
limited to, motorized bicycles and motor scooters.
Noise means any sound which disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noisy Assembly means any gathering of more than one (1) person which creates noise.
Noise disturbance means any sound which endangers or injures the welfare, safety or health of human
beings, or disturbs a reasonable person of normal sensitivities, or devalues or injures personal or real
property, or is hereinafter defined.
Noise sensitive activities means activities which should be conducted under conditions of exceptional
quiet including, but not limited to, operation of schools, libraries open to the public, churches,
hospitals, and nursing homes.
- Page 114 -Item #6.
Noise sensitive area means any area designated for the purpose of ensuring exceptional quiet and
clearly posted with "noise sensitive area" signs, because of the noise sensitive activities conducted
therein.
Official Public event means any event put on by, adopted, approved or endorsed by the City.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, operative, state
agency, municipality or other political subdivisions of this state, any interstate body, or any other legal
entity.
Plainly audible shall mean any sound emanating from the specific sound-producing sources set forth
below which can be heard from the distances set forth below, using the following sound measurement
standards: Measurement shall be by the auditory senses of a person standing at a distance no less than the
required minimum distance from the source of the sound. For music and other noise, words and phrases
need not be discernable. For music and other noise, bass reverberations are included.
Powered model vehicle means any self-propelled airborne, waterborne, or land borne model plane,
vessel, or vehicle, which is not designed to carry persons, including, but not limited to any model
airplane, boat, car or rocket.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, lane or similar place
which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled
by a governmental entity.
Public works project means any project financed by public funds such as roads, highways, bridges or
other construction on public or government owned property. It does not include projects merely
approved by mayor and council.
Real property boundary means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another person, but not
including intra-building real property divisions.
Residential means any property on which is located a building or structure used wholly or partially for
living or sleeping purposes.
School means any place of learning or caring for children, both public and private.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces that cause compression and rarefaction of that medium.
The description of sound may include any characteristic of such sound, including duration, intensity
and frequency.
Used means and includes the words "intended,", "designed," or "arranged to be used. "
(Code 1983, § 11-3-2)
- Page 115 -Item #6.
Sec. 22-111. Exceptions.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency;
(2) The emission of sound in the performance of emergency work;
(3) Agricultural activities, exclusive of those involving the ownership or possession of animals or
birds;
(4) Public mass transportation vehicles;
(5) Church or clock carillons, bells, or chimes;
(6) The emission of sound in the discharge of weapons or in fireworks displays for which a permit
has been issued;
(7) Public works projects;
(8) South End Business Overlay District;
(9) Maritime District;
(10) Noises and/or sounds that are permitted by a special event permit pursuant to section 54-70,
et seq; provided, however, that the producer or coordinator of the special event must comply with
the terms, restrictions and conditions of the special event permit;
(12) Sound volumes produced by radio, tape player, or other mechanical sound making device or
instrument from within a motor vehicle on a street or highway, which sound is controlled by
O.C.G.A. § 40-6-14;
(13) Noises or sounds made by law enforcement and other public safety officials performing their
public functions;
(14) The emission of sound from a public space during an official public event; or
(15) The emission of sound from a school or church during the regular scheduled hours of operation
or during special events.
(Code 1983, § 11-3-3)
Sec. 22-112. Noise disturbance prohibited.
(a) Prohibited conduct.
(1) Restrictions of 300 feet for _____ a.m. through _______ p.m. Sunday through Thursday
and ______ a.m. through ______ midnight on Friday and Saturday and holidays.
a. Mechanical sound-making devices. It is unlawful for any person or persons to
play, use, operate, or permit to be played, used, or operated any Mechanical Sound Making Devices
at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds
which are plainly audible at a distance of 300 feet or more from the building, structure or vehicle,
or in the case of real property, beyond the property limits, in which it is located, whichever is
farthest, between the hours of _______ a.m. and _______ p.m. Sunday through Thursday and
between the hours of ______ a.m. and ___________ on Friday and Saturday and holidays.
b. Human-produced sounds. It is unlawful for any person or persons to yell, shout, whistle, or sing
on the public streets or sidewalks or on private property so as to create, or cause to be created,
any noises or sounds which are plainly audible at a distance of 300 feet or more from the place,
building, structure, or in the case of real property, beyond the real property boundary, in which the
person is located, whichever is farthest, between the hours of _______ a.m. and _______ p.m.
- Page 116 -Item #6.
Sunday through Thursday and between the hours of _______ a.m. and ____________ on Friday
and Saturday and holidays.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property for the purpose of commercial advertising or
which serves to attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a
distance of 300 feet or more from the source of the sound cast upon the public streets or other
public property or from the building, structure, or in the case of real property, beyond the real
property boundary, in which it is located, whichever is farthest, between the hours of ______ a.m.
and ______ p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12 midnight
on Friday and Saturday and holidays.
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or social event to produce noise in such a
manner that such noise is plainly audible at a distance of 300 feet or more from the building or
structure from which the noise is emanating or in the case of real property, beyond the real property
boundary, on which the party or social event is located, whichever is farthest, between the hours
of ______ a.m. and ________p.m. Sunday through Thursday and between the hours of _______
a.m. and __________ on Friday and Saturday and holidays. For the purposes of this subsection, a
"person in charge of a party or other social event" shall mean any adult person who resides in or
on the premises involved in such party or social event and is present at such party or social event.
For the purposes of this subsection, "noise" shall mean the same sounds, or any combination
thereof, as described in paragraphs a. or b. above.
(2) Restrictions of 100 feet for ______ p.m. through ______ a.m. Sunday through Thursday and
__________ through a.m. on Saturday and Sunday and holidays.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly
audible at a distance of 300 feet or more from the building, structure or vehicle, or in the case of
real property, beyond the property limits, in which it is located, whichever is farthest, between the
hours of _______ a.m. and _______ p.m. Sunday through Thursday and between the hours of
______ a.m. and ___________ on Friday and Saturday and holidays.
b. Human-produced sound. It is unlawful for any person or persons to yell, shout, hoot, whistle,
or sing on the public streets or sidewalks or on private property so as to create, or cause to be
created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the
place on public streets and sidewalks, or in the case of private real property, beyond the real
property boundary, on which the person is located, whichever is farthest, between the hours of
_______ p.m. and _______ a.m. Sunday through Thursday and between the hours of __________
and ______ a.m. on Saturday and Sunday and holidays.
- Page 117 -Item #6.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property for the purpose of commercial advertising or
which serves to attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a
distance of 100 feet or more from the source of the sound cast upon the public streets or other
public property or from the building, structure, or in the case of real property, beyond the real
property boundary, in which it is located, whichever is farthest, between the hours of _______p.m.
and ______ a.m. Sunday through Thursday and between the hours of _________ and _____ a.m.
on Saturday and Sunday and holidays.
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or event to produce noise in such a manner
so as to such noise is plainly audible at a distance of 100 feet or more from the building or structure
from which the party noise is emanating or in the case of real property, beyond the real property
boundary, on which the party or social event is located, whichever is farthest, between the hours
of _______ p.m. and ______ a.m. Sunday through Thursday and between the hours of
____________ and _______ a.m. on Saturday and Sunday and holidays. For the purposes of
this subsection, a "person in charge of a party or other social event" shall mean any adult person
who resides in or on the premises involved in such party or social event and is present at such party
or social event. For the purposes of this subsection, "noise" shall mean the same sounds, or any
combination thereof, as described in paragraphs a. or b. above.
(3) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such
residential dwelling units.
Except for persons within commercial enterprises that have an adjoining property line or
boundary with a residential dwelling unit, it is unlawful for any person to make, continue,
or cause to be made or continued any noise in such a manner as to be plainly audible to any
other person a distance of five feet beyond the adjoining property line wall or boundary of
any apartment, condominium, townhouse, duplex, or other such residential dwelling units
with adjoining points of contact.
For the purposes of this subsection, "noise" shall mean human-produced sounds of yelling,
shouting, hooting, whistling, singing, or mechanically-produced sounds made by radio-receiving
device, television, stereo, musical instrument, phonograph sound amplifier or other machines or
devices for the producing, reproducing, or amplifying of sound, or any combination thereof.
For the purposes of this subsection, "property line or boundary" shall mean an imaginary
line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses,
duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by
different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or
boundary includes all points of a plane formed by projecting the property line or boundary
including the ceiling, the floor, and the walls.
- Page 118 -Item #6.
(b) Property bordering Residential. In addition to all other provisions of this Article, if the property
boundary of a property borders residential, the following shall apply:
(1) It shall be unlawful for any person or persons to play, use, operate, or permit to be
played, used, or operated any Mechanical Sound Making Devices between the hours of
_______ p.m. and _______ a.m. Sunday through Thursday and ______ p.m. through
_______ a.m. Friday and Saturday and holidays, unless the music is played exclusively
within an enclosed building. In addition to the foregoing, any use or operation of any
Mechanical Sound Making Devices between the restricted hours which produces noises
that are plainly audible from the property boundary of the property is a violation of this
section.
(2) It shall be unlawful for any person or persons to constitute a Noisy Assembly, or permit
property under his or her control to be used for a Noisy Assembly, between the hours of
_______ p.m. and ______ a.m. Sunday through Thursday _______ p.m. through
________ a.m. Friday and Saturday and holidays, unless the Noisy Assembly is
exclusively within an enclosed building. In addition to the foregoing, any Noisy
Assembly between the restricted hours which produces noises than are plainly audible
from the property boundary of the property is a violation of this section.
(c) Equipment use restrictions. Regardless of the other provisions of this Article, the following
equipment may not be operated between the hours of 8:00 p.m. and 7:00 a.m.: Monday-Friday and on
Saturday and Sunday 8:00 p.m. to 10:00 a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential
lawn mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping
motorized equipment.
(Code 1983, § 11-3-4; Ord. of 4-29-2005; Ord. of 7-26-2007)
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
- Page 119 -Item #6.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________,
2020.
ADOPTED THIS __ DAY OF ___ , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 120 -Item #6.
File Attachments for Item:
10. Minutes, Planning Commission, September 21, 2020, Information Only
- Page 121 -Item #10.
PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Charles Matlock COMMUNITY DEVELOPMENT DIRECTOR
Elaine T. McGruder George Shaw
David McNaughton
J. Whitley Reynolds CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
MINUTES
September 21, 2020
Chair Bishop called the September 21, 2020 Tybee Island Planning Commission meeting to order.
Commissioners present were Charles Matlock, Elaine T. McGruder, J. Whitley Reynolds, Vice Chair Ron
Bossick and David McNaughton. Alan Robertson was absent.
Consideration of Minutes:
Chair Demery Bishop asked for consideration of the August 17, 2020 minutes. Commissioner J. Whitley
Reynolds made a motion to approve. Commissioner Elaine T. McGruder seconded. The vote to approve was
unanimous.
Disclosures/Recusals:
Chair Demery Bishop asked if there were any Disclosures or Recusals. There were none.
Old Business:
Sit Plan: requesting office and warehouse expansion – 201 McKenzie Ave. – 4002602011 - Zone C-
2 – 201 McKenzie St. LLC.
George Shaw stated this is a new site plan showing the buffer for this item. Nothing else was changed on the site
plan. Commissioner McNaughton asked if the vegetation plants are required to run the full length of the
property. George Shaw stated according to the City Attorney a buffer is not required at all because it is a public
right of way. But it is a good jester considering there is a residential use next door. Commissioner Bossick asked
if that was the entire right of way. George Shaw stated at one time this right of way Laurel Avenue was a sixty
foot wide. The neighbor on the opposite side acquired thirty foot of it in the past. Toby Thomas approached the
Planning Commission and stated he is representing his Mother Marie Heymans, who lives at 109 McKenzie
Avenue the property on the other side of the Laurel Avenue right of way. He stated she is concerned this will
have an effect on the value of her property in the future. He stated there are several lots attached to this large
piece of property that is also attached to this right of way. He also asked if he could read a letter from the owner
at 202 McKenzie Avenue across from 201 McKenzie Avenue whose name is Travis Williams. The letter states
that Mr.Williams is concerned that there will be more tractor trailer traffic and he would like the City to add
speed bumps. Toby Thomas also gave a copy of a map that shows nine separate lots to George Shaw. George
Shaw stated this map does show nine lots and he would have to look into it to see if this was recorded as one big
lot or nine lots. Ashley Mosely the representative and engineer for the applicant approached the Planning
Commission and stated the applicant has not used the right of way but would like to use the right a way for their
addition and parking and leave it open for the adjacent owners to use as well. Commissioner Whitley Reynolds
made a motion to approve. Commissioner Charles Matlock seconded. The vote to approve was four yes and
one no. Motion to approve carried.
- Page 122 -Item #10.
New Business:
Text Amendment: Sec. 3-190 Swimming pool requirements.
George Shaw stated this text amendment was a recommendation from a City Council member. It is to
require the initial fill and significant refills of the pool to be done with water from off the island and not
the City’s water system. This is to reduce water withdrawal from the Citys water supply. He also stated
the average pool size estimate in the packet was an estimate he came up with in general. Commissioner
Whitley asked if portable water is readily available in this area. George Shaw stated he did look around
the area and could not find one. Commissioner McNaughton asked how the City would enforce this
amendment. George Shaw stated he is not sure right now. Maybe by requireing them to show a sales
receipt. Commissioner McGruder made a motion to approve. There was no second, motion failed.
Commissioner Bossick made a motion to continue and have these questions answered “Is there a source
for getting water off island” “How to prove where they got the water” “What other jurisdictions have this
procedure” answered and brought back to Planning Commission meeting October 19, 2020.
Commissioner McGruder seconded. The vote to continue was unanimous.
Text Amendment: ARTICLE 7. – Changes to Tree Removal regulations.
George Shaw stated this is an amendment that came from a council member to stiffen the penalty for removal of
a tree without a permit. Commissioner McGruder asked what the difference in cost for a two inch verses a four
inch would be. George Shaw stated there is a significant difference and some may be difficult to find in this area.
Commissioner McGruder made a motion to approve. Commissioner Bossick seconded. Vote to approve was
four yes and one no. Motion to approve carried.
Discussions:
Adjournment: 9:00pm
Lisa L. Schaaf
- Page 123 -Item #10.