HomeMy Public PortalAbout20030612CCMeeting1
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@ @ITEM 2003 -06 -12
Mayor Walter W. Parker called the regular June 12, 2003 City Council meeting to
order at 7 P.M. The following members of Council were present: James Burke, Jack
Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow.
Also in attendance were City Attorney Edward Hughes and City Manager Bob Thomson.
Rev. Otto Immel gave the invocation. The Pledge of Allegiance was recited by
all.
Mayor Parker read a proclamation given to Cullen Chambers and Jim Klutz, of
the Tybee Historical Society, in honor of Tybee Lighthouse Stamp Day. Chambers
thanked the Mayor and invited everyone to the ceremony at the Lighthouse, at 10:30 AM,
Friday, June 13, 2003.
Eric Johnson, consulting engineer for the Gym Project, gave a brief report on the
status of this project. Johnson said he had turned the plans over to the City Manager for
his review. He said there would be a few minor changes from the original plans.
Johnson also said there will be a high school size basketball court, a volleyball court,
bleachers seating up to 200 people, with overall capacity for the gym at 534 people,
which is the limit by code. He said the cost estimate was around $2 million. Johnson
said if all goes well, should have ground breaking around Labor Day. Pam O'Brien
asked if this was in the budget. City Manager Thomson said there was $600,000 in the
gym budget item and some of the $2 million in SPLOST. Henry Levy said that the
design did not look like Tybee and he knew that Johnson could do a better design than
this one. Levy said that any architectural student could have done this design and he was
ashamed of it. Levy wanted to know if any study had been done regarding current
facilities and the incorporation of them. Parker answered that was all part of the process.
Mayor Parker asked if anyone was present because of interest in the parking
change on the streets between Butler Avenue and the beach. Burke asked to speak and
address this subject. Burke said that Council had been trying for about one year to get
some kind of answer from the Corps of Engineers. He said he got a letter this afternoon,
and he does not regard it as an answer to the problem. Burke said he recommended
withdrawing request for decal only parking in this area. Barrow said he would make a
motion to hire a consulting firm or someone with expertise in parking problems and
solutions. Barrow said we need someone to look at the overall picture, not little steps or
patchwork. Barrow said if we don't, the problem will only get worse. Maybe privatizing
the parking would be an answer. Crawford said he agreed with what was said. He said
this is a big concern for Tybee. We could lose revenue for beach renourishment, and
have to rely on property owners to make up difference. There are a lot of rumors and
that's just what they are — rumors.
Mayor Parker opened the meeting for business legally presented. Barrow
motioned to direct the City Manager to hire a consulting firm, which specializes in
continuing parking problems, to address our problems. Crawford seconded, vote was
unanimous.
Earl Shaffer, a resident of 9`h Street, said he didn't believe we could afford to
through away $87 thousand, which is the estimate of lost revenue, down the drain.
Shaffer said you can't burden the residents with the cost of renourishment. Burke said
that we have a Parking Committee and their recommendation was to remove the parking
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meters between Butler Avenue and the beach. This was to keep tourists out of residential
areas. Burke said that the COE could pose a problem and we don't want any kind of
block in 2006 when it comes time for beach renourishment. Burke also said that the COE
was not in favor of a toll road. Shaffer said he didn't object to the parking, it was the
trash he objected to. Shaffer said they park on the wrong side of the street, facing the
wrong direction and leave their trash in front of my house. He said he had complained
before about the trash but was told without proof of who left it, there was nothing that
could be done. Shaffer said now I have the proof, this wadded up parking ticket that was
left at my house. Mayor Parker said it would be taken care of.
Craig Meyer, Cindy Meyer and Jim Klutz spoke regarding the parking problems.
They commended the Parking Committee for their hard work and dedication. They all
cited safety, litter and quality of life for those citizens who live on these streets which are
accesses to the beach. Klutz said most tourists are respectful but there is about .1% of
people who ruin it for others. Klutz said he hoped the City takes enforcement seriously.
We need to take care of people who live here. Mayor Parker said he was not in favor of
speed bumps but believed the Council would seriously consider them if requested.
John Wells, who has a residence at Venetian Drive and 12th Street, requested the
City to issue a revocable license for part of the 12th Street right of way, which crosses the
marsh. Wells has a dock at that location and would like to install a boat hoist so that he
can take his boat out of the water. The DNR requested that the City write a letter
allowing this hoist on the City's property before they will issue a permit. Crawford
motioned for approval, Buelterman seconded. Vote was unanimous.
Michael Scarbrough spoke to Council requesting a Special Event Permit for the
Tybee Island Power Boat Race on July 5th and 6m. He said this is a world -class event and
is important to Tybee Island. He said the course will be expanded this year to 9th Street
from North Beach, and VIP provisions will be at the Grill Beachside. Scarbrough said
they will need a fence line for the vendors and he will be working with Chuck Bargeron
concerning the vendors. He said they had a top -notch team working on this, and named
Carlton Joyce, Savannah Sports Council, Randy Hodgewood, A.P.B.A., Jet Angel,
Marketing, and Jack Boylston of the Tybee Chamber of Commerce. Jet Angel said the
ads would acknowledge the event was sponsored by City of Savannah and the City of
Tybee Island. Jeffrey Rosensweig, a resident of Gen. George Marshall Blvd., spoke
against the event. Rosensweig said there were issues of noise and water pollution, litter,
danger to the structural integrity of the Lighthouse, parking, and other items. Henry Levy
spoke in favor of the event, saying that it was a wonderful event and close to his house.
He said Mike Scarbrough is a hero for bringing this event to Tybee. Burke motioned to
allow races and approve permit but require vendors to work with George (North Beach
Grill) and Chuck Bargeron. Buelterman seconded. Vote was unanimous.
Samantha Claar spoke on behalf of Mae Disher and others in their neighborhood,
regarding low picket fences located in the City right of way. Youmans said there used to
be things in right of way and DPW said it had to be at least 2 feet from edge of pavement
so they could cut the grass or grade. He said this fence is probably 5 to 6 feet back.
Burke motioned to allow a hold harmless permit, Crawford seconded. Reynolds said we
need to be careful as to what we allow in the right of way. Youmans said things are
already in the rights of way all over the island. Vote was 5, Burke, Youmans, Crawford,
Buelterman, and Barrow, in favor, and 1, Reynolds, against. Crawford motioned to direct
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City Manager to have the Building and Zoning Department staff handle as an
administrative issue. Burke seconded. Crawford said to make sure the property owner
signs the hold harmless permit. Reynolds asked about stairs in the setback. That would
be considered part of the structure, which would not be allowed. Most of the things that
are in the right of way now, are landscaping items. Vote was unanimous.
Jason Cowan, Finance Director, introduced John McDade, representative from
NetStar Wireless. McDade asked for approval to conduct a study on Tybee, and to
contact business owners. This is only for Internet service and not TV. Crawford
motioned for approval, Burke seconded. Youmans asked for an amendment to motion,
that any money collected for space on the water tank be earmarked for the gym fund.
Burke accepted amendment. Vote was unanimous.
George Chandler addressed the Council regarding the lifeguard requirement for
his beach equipment rental stand. He said other businesses along Highway 80 and
Tybrisa Street, that rent beach equipment, are not required to have a lifeguard. He
wanted to know the difference. Attorney Hughes said the difference was the beach
rentals were on property we control and the store rentals were not. The Council directed
Hughes to research.
Mona and Robert Byrd requested that a player be installed in the Park of the 7
Flags to play a song, which Mona wrote and sings. She said when researching flags to
fly over the park, she was inspired to write the song. The Byrd's would like to donate the
use of the song and player, at no cost to the City. They said they believed it would
enhance the park and more people would hear about Tybee. They played the song for all
to hear. When asked about the volume, Byrd said it would not be a problem. Mayor
Parker said he appreciated their time and talent. Crawford thanked the Byrd's for song
and motioned to have the player installed. Barrow seconded, and the vote was
unanimous.
Dick Smith, Chairman of the Planning Commission, presented the request for
Eugene Neville, of 104 A Butler Avenue, PIN 4- 0004 -03 -002, to extend non - conforming
deck and stairs further into the setback. Smith said they had gotten a permit to repair and
replace rotten boards on their deck but extended it without a permit or variance approval
about 2 years ago. He said the Planning Commission voted to recommend denial as
presented, and approved 3 ft. setback on North side and 5 ft. on East side. Mary Catherine
Moss, an attorney representing Neville, said the studs and supports were not moved, only
the decking was extended. Crawford asked if there were any objections from adjacent
property owners. Moss said no objections from the North side neighbors, and no
encroachment on access right of way on South side. Smith added that the Knipes on the
East side did object. When asked why the deck was never questioned by the City,
Bargeron said we don't inspect repairs. Hughes reminded the Council of the
requirements of approving a variance. Buelterman motioned to deny as presented and
agreed with recommendation of Planning Commission, 3 ft. setback on North and 5 ft.
setback on East. Barrow seconded, vote was 3, Crawford, Buelterman and Barrow, 2,
against, Burke and Youmans, and 1, Reynolds, abstained. Hughes said the Nevilles do
not have to come back before Council.
Smith presented the request for James Manning, of 105 Gen. George Marshall
Blvd. PIN 4- 0001 -08 -011, for a 3.1 ft. variance in the rear setback for stairs, and 1.4 ft. in
front setback for the corner of the porch. Smith said the Planning Commission voted to
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deny the 3.1 in the rear and relocate stairs out of setback, and to allow the 1.4 ft. in front
to remain. Manning said he had miscalculated because of the curve of the property. He
said he would move the stairs but he really did not want to. He said there was a variance
granted several months ago, which allowed stairs to remain in the setback. Smith said
that variance was allowed but the same contractor had to remove stairs, which were in the
side setback on that same house. One property owner spoke in favor of the request and
one wrote a letter speaking against. Burke motioned that the Council accept the Planning
Commission's recommendation of denying as presented and approve their
recommendation of relocating stairs out of setback and allowing the corner of the porch
to remain. Crawford seconded, vote was 5, Burke, Youmans, Crawford, Buelterman and
Barrow to approve, and Reynolds abstained.
Crawford motioned to approve the Resolution for the Five -Year Solid Waste
Short Term Work Program for 2003 to 2007. Reynolds seconded, vote was unanimous.
Crawford motioned to table the Resolution for the Five -Year Short Term Work
Program for 2003 to 2008 until the July meeting, Burke seconded. Vote was unanimous.
Crawford motioned for approval of the sale of a portion of Solomon Avenue, a
City owned right of way, to James McCusker. Youmans seconded, vote was 5, Burke,
Youmans, Reynolds, Crawford and Barrow, for approval, and 1, Buelterman, against.
Mayor Parker called for a brief recess.
Mayor Parker reconvened. Youmans motioned for approval of the minutes of the
May 22, 2003 meeting. Reynolds seconded, vote was unanimous.
Youmans motioned to require the City to notify adjoining neighbors when
property was sold by the City. Crawford seconded. Hughes said no ordinance was
necessary. Vote was unanimous.
Crawford motioned to appoint Jack Youmans to the Tourism- Oriented Task
Force, Burke seconded and vote was 4, Burke, Reynolds, Crawford and Buelterman, in
favor, and 2, Barrow and Youmans, abstained.
Crawford motioned for approval of liquor license for Sundae' Cafe & Deli.
Buelterman seconded, and vote was unanimous.
Hughes presented a minor text amendment to the parking ordinance- Sec. 10 -9 -26
— delete present content on fees for all day and times fee is stopped. Sec. 10 -1 -43 — Use
Parking Validation and take fees out. Burke said to include all night fees. Crawford
motioned for approval on first reading, Youmans seconded. Vote was unanimous.
Buelterman asked that someone look into the problem of the jagged stumps left
from an old jetty on the North side of Highway 80, where Second Avenue turns into Van
Horn. He said they were very dangerous and had pictures showing them. He asked the
City Manager to see what could be done to alleviate the problem. Buelterman also
wanted to know the status of the speed limit issue along Highway 80. Parker said he had
not heard from DOT since they sent someone to look at the problem. Buelterman asked
that a letter be sent to our Representatives, Burke Day and Eric Johnson, asking them to
look into the problem.
Jason Cowan, Finance Director, said the money for the MRS would come from
the General Fund portion of the Georgia Fund One. The payment will be made as
receipts are presented. He said they are looking at August for completion. Crawford
asked about the demolition of the old house and was told by James Moore that William
Pye, DPW, is working on that. Attorney Hughes said he has been working on the issue of
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water access. It was suggested and agreed upon for Hughes, Crawford, Moore and
Buelterman to meet at the site Monday morning, June 16, and discuss possibilities.
Cowan reported on the property liability insurance, and said only two companies wrote
that kind of insurance here. They are Coastal Bank and Palmer Cay. Palmer Cay
representative said the GIRM is tough to beat. The information requested from Coastal
Bank and SunTrust Bank has not come yet. Barrow asked if anyone had looked into
updating our policies to our needs. Cowan said if we increase our deductible to $10
thousand from $25 hundred, we would save about 10 to 15% of our premiums.
Buelterman motioned to accept the Finance Director's recommendation and switch to
First Chatham, Burke seconded. Vote was 5, Burke, Reynolds, Crawford, Buelterman,
and Barrow, in favor, and 1, Youmans, opposed.
Cowan reported on a tentative agreement with Harry Spiridedes for leasing lots
for use as parking lots for the City. He said they have a meeting scheduled on Monday,
June 16, with Thomson. Crawford motioned that the Finance Director negotiate with
Spiredes to get best deal he can, Reynolds seconded. Vote was unanimous.
Cowan requested approval of 2 large budget adjustments based on the audit. One
was $65,000 for Waste Management and the other was $140,000 for capital outlay for the
fire engine. Other adjustments were minor and standard. Crawford motioned for
approval, Buelterman seconded. Vote was unanimous.
Hughes said he had reviewed ordinance on drug and alcohol policy, and the
Employee Assistance Program. The testing will done by a 3rd party provider. The annual
fee is $2046.40. Burke motioned for approval, Crawford seconded. Vote was
unanimous.
Hughes asked if there was a State Moratorium on wells within 25 miles of salt
water. Burke said he was not aware of any, but he suggested we wait on the ordinance
until have a definite answer. Crawford said they had already talked to Mr. McLemore
and was told it was ok. The only stipulation was that it not be dug by a profession well
digger. Hughes said he would get a letter Monday that should answer the problem.
Bob Thomson, City Manager, said he had attended a Hurricane Conference and
said it was stated that we need a contract for cleanup after a hurricane so that under
FEMA law, we would be reimbursed for all expenses incurred. Chatham County and
City of Savannah sent a sample of their contracts, and we need to get application and
submit a contract for Tybee to Attorney Hughes for his review. The contract has to be in
place before an occurrence. Council agreed and told Thomson to go ahead.
Thomson said he had compiled the safety sensitive position list for those
employees who will come under the random drug testing. They are, heavy equipment
operators, ones who have judiciary trust, ones who drive City vehicles, and those with
access to money. He said this would eliminate clerical and support positions.
Cowan explained the Summary of Funds available currently. Burke said we need
to realign sewer lines and to repair manholes as soon as we can. Thomson said there was
to be a pre -bid meeting next week. There were 400 manholes to be repaired. We were
only 4000 gallons below our allocation, and the agreement with the City of Savannah was
of the utmost importance.
Crawford motioned for approval of the GMA Retirement Plan, Youmans
seconded. Hughes said he would be more comfortable if Jackie Brown reviewed, as she
was more familiar with it. All agreed, and vote was unanimous.
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Crawford motioned to go into executive session to discuss litigation and
personnel. Barrow seconded, vote was unanimous.
When regular meeting was reconvened, Youmans motioned to appoint Diane
Sikes as Clerk of Council as Jackie Brown was retiring. Burke seconded, and vote was
unanimous.
Burke motioned to ask for resignation of Freda Rutherford from the Beach Task
Force, Crawford seconded. Crawford said her comments were inappropriate and goes
beyond the scope of making recommendations to Council. Vote was unanimous.
Buelterman said if she declines to resign, she should have the right to appear before
Council. Hughes said she does. It was agreed to allow Thomson and Hughes to work out
the details.
There being no further business, the meeting was adjourned.
Clerk of Council
Mayor Walter W. Parker
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WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
PROCLAMATION
A Lighthouse has existed on Tybee Island since General James
Oglethorpe ordered one constructed in 1734, and;
A significant part of the existing Tybee Lighthouse was constructed
in 1773 as one of America's original colonial lighthouses, thereby
making it the oldest in Georgia and one of the oldest in the
United States, and;
The Tybee Island Lighthouse has contributed to the maritime and
military heritage of this great nation from its formation to the Second
World War, and;
The Tybee Island Lighthouse is part of a light station complex which .
is one of the most intact in the United States and once fully restored will
be eligible for National Historic Landmark status, and;
The Tybee Island Lighthouse is a nationally recognized historic site
enjoyed by thousands of visitors a year, making an important
contribution to our island's economy; and
The Citizens of Tybee Island, Georgia are honored to have the Tybee
Island Lighthouse depicted as one of the five U.S. Lighthouses in the
Southeastern Lighthouse Stamp Series.
NOW, THEREFORE, I, Walter W. Parker, Mayor of the City of Tybee Island with the
approval of the Tybee Island City Council do hereby proclaim Friday, June 13, 2003 as
"TYBEE ISLAND LIGHTHOUSE DAY"
on Tybee Island and urge all citizens to participate in the honor that has been bestowed
upon the City.
Adopted this 12th day of June 2003.
Clerk of Council
Mayor Walter W. Parker
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized to
administer oaths, ,4-941,41. LA9 P,44 ke, •2 , who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Tybee Island City Council held on the
day of,cv g d z- , 2003.
(2) That it is my understanding that O.C.G.A. ' 50- 14 -4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on the
1 -z of row:4 = ; ;r,;_ , 2003, which was closed for the purpose(s) of
rprascr+Ale]; /9 9-, o-.>),Y" 4asq11ow by O.C.G.A., Title 50, Chapter 14, was devoted to
matters within those exceptions and as provided by law.
(4) Any unrelated matters which were mentioned or attempted to be offered for discussion
during the closed portion of the meeting were ruled out of order and not discussed.
(5) This affidavit is being executed for the purpose of complying with the mandate of
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O.C.G.A. ' 50- 14 -4(b) that such an affidavit be executed.
This j —day of , 2003.
Sworn to and subsclpibed
before me this /01,6* day
of •�u�t�� , 2003.
Notary Public
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g: \common \emh \14536\affiday.02
Mayor/Presiding Officer
GEORGIA MUNICIPAL EMPLOYEES
BENEFIT SYSTEM
DEFINED BENEFIT PLAN
ADOPTION AGREEMENT
for
City of Tvbee Island
GMEBS - Defined Benefit Plan Adoption Agreement
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TABLE OF CONTENTS
PAGE
AN ORDINANCE 1
ADMINISI'1ZATOR 2
ADOPTING EMPLOYER 2
GOVERNING AUTHORITY 2
PLAN REPRESENTATIVE 2
PENSION COMMITTEE 3
TYPE OF ADOPTION 3
EFFECTIVE DATE 4
PLAN YEAR 4
CLASSES OF ELIGIBLE EMPLOYEES 5
ELIGIBILITY CONDITIONS 6
HOURS PER WEEK (REGULAR EMPLOYEES) 6
MONTHS PER YEAR (REGULAR EMPLOYEES) 6
WAITING PERIOD 7
ESTABLISHING PARTICIPATION IN THE PLAN 7
CREDITED SERVICE 8
CREDITED PAST SERVICE 8
PRIOR MILITARY SERVICE 9
PRIOR GOVERNMENTAL SERVICE 11
UNUSED SICK/VACATION/PERSONAL LEAVE 12
RETIREMENT ELIGIBILITY 13
EARLY RETIREMENT QUALIFICATIONS 13
NORMAL RETIREMENT QUALIFICATIONS 14
ALTERNATIVE NORMAL RETIREMENT QUALIFICATIONS 14
DISABILITY BENEFIT QUALIFICATIONS 16
RETIREMENT BENEFIT COMPUTATION 16
MAXIMUM TOTAL CREDITED SERVICE 16
MONTHLY NORMAL RETIREMENT BENEFIT AMOUNT 17
MONTHLY EARLY RETIREMENT BENEFIT AMOUNT 19
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MONTHLY LA l'E RETIREMENT BENEFIT AMOUNT 20
MONTHLY DISABILITY BENEFIT AMOUNT 20
BENEFIT CAP FOR ELECTED OFFICIALS 21
DISTRIBUTIONS FOR THOSE WHO REMAIN IN SERVICE AFTER NORMAL
RETIREMENT 21
COST OF LIVING ADJUSTMENT 22
RE- EMPLOYMENT AFTER RETIREMENT 22
TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING 23
PRE - RETIREMENT DEATH BENEFITS 24
IN- SERVICE DEATH BENEFIT 24
TERMINATED VESTED DEATH BENEFIT 25
EMPLOYEE CONTRIBUTIONS 26
EMPLOYER ADOPTION 27
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AN ORDINANCE
An Ordinance to amend a 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, 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 as set forth in and subject to the terms and conditions stated in the following
Adoption Agreement, the Georgia Municipal Employees Benefit System ( GMEBS) Master Plan
Document, and the GMEBS Trust Agreement.
[Ordinance continued on page 281
GMEBS - Defined Benefit Plan Adoption Agreement
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GMEBS DEFINED BENEFIT PLAN
ADOPTION AGREEMENT
ADMINISTRATOR
Georgia Municipal Employees Benefit System
201 Pryor Street, SW
Atlanta, Georgia 30303
Telephone: 404 -688 -0472
Facsimile: 404 -577 -6663
ADOPTING EMPLOYER
Name: City of Tybee Island, Georgia
GOVERNING AUTHORITY
Name: Mayor and Council
Address: P.O. Box 2749, Tybee Island, GA 31328 -2749
Phone: (912) 786 -4573
Facsimile: (912) 786 -5737
PLAN REPRESENTATIVE
[To represent Governing Authority in all communications with GMEBS and Employees]
(See Article II, Section 44 of Master Plan)
Name: City Manager
Address: P.O. Box 2749, Tybee Island, GA 31328 -2749
Phone: (912) 786 -4573
Facsimile: (912) 786 -5737
E -mail:
GMEBS - Defined Benefit Plan Adoption Agreement
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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:
Position:
Position:
Position:
Position:
Position:
Position:
Pension Committee Secretary: Senior Accountant
Address: P.O. Box 2749, Tybee Island, GA 31328 -2749
Phone: (912) 786 -4573
Facsimile: (912) 786 -5737
E -mail:
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 current GMEBS defined benefit plan or
other defined benefit plan of the Adopting Employer.
❑ This is an amendment of the Adoption Agreement previously adopted by the Employer
(please specify type below):
❑ This is an amendment to change one or more of the Adopting Employer's benefit
design elections in the Adoption Agreement.
❑ This is an amendment to add a new Department or a new class of Eligible
Employees (If this box is checked, special addendum must be requested from
GMEBS to be completed as part of amendment).
❑ This is an amendment to discontinue participation in the Plan by one or more
Departments or classes of Employees (If this box is checked, special addendum
must be requested from GMEBS to be completed as part of amendment).
❑ Other (please specify):
GMEBS - Defined Benefit Plan Adoption Agreement
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EFFECTIVE DATE
(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, 1997).
(2) Complete this item (2) 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 July 1, 2003 (insert effective
date of this Adoption Agreement not earlier than January 1, 1997). This Plan is
adopted as an amendment and restatement of the Employer's preexisting GMEBS plan,
which became effective on May 1, 1987 (insert original effective date of preexisting
GMEBS plan).
(3)
Complete this item (3) 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 (insert effective date of
this Adoption Agreement not earlier than January 1, 1997). 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).
(4) Complete this item (4) only if this is an amendment of the Adoption Agreement
previously adopted by the Employer.
The effective date of this amendment shall be
PLAN YEAR
Plan Year means (check one):
❑ Calendar Year
❑ Employer Fiscal Year commencing
® Other (must specify): May 1— April 30.
GMEBS - Defined Benefit Plan Adoption Agreement
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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. Independent contractors, leased
employees, and nonresident aliens may not participate in the Plan.
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 Regular Employees, provided they satisfy the minimum hour and other
-i*Hairements specified under "Eligibility Conditions" below.
❑ ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify):
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:
Elected or Appointed Members of the Governing Authority (check one):
❑ ARE NOT eligible to participate in the Plan.
ARE ible to participate in the Plan.
Please specify any limitations on eligibility to participate here (e.g., service on or after certain
date): Each elected or appointed member of the Governing Authority who holds an office
of the Employer on July 1, 2003, shall be qualified to apply for participation 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 apply for participation 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.
GMEBS - Defined Benefit Plan Adoption Agreement
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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):
Please specify any limitations on eligibility to participate here (e.g., service on or after certain
date):
ELIGIBILITY CONDITIONS
HOURS PER WEEK (REGULAR EMPLOYEES)
The Adopting Employer may specify a minimum number of hours per week which are
required to be scheduled and worked 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 (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.
Class(es) of Regular Employees to whom exception applies (must specify): 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)
MONTHS PER YEAR (REGULAR EMPLOYEES)
The Adopting Employer may specify a minimum number of months per year which are
required to be scheduled and worked by Regular Employees in order for them to become and
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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)
WAITING PERIOD
Regular Employees
Unless otherwise specified by the Adopting Employer in an addendum to this Adoption
Agreement, Regular Employees shall be required to complete one (1) year of continuous,
uninterrupted Service with the Adopting Employer before they qualify for participation in the
Plan. The determination as to whether the waiting period has been satisfied shall be made in
accordance with provisions of the Master Plan.
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. However, the Employer may specify
below that participation is optional for certain classes of Eligible Employees, including elected or
appointed members of the Governing Authority, Municipal Legal Officers, City Managers,
and/or Department Heads. If participation is optional-for an Eligible Employee, then in order to
become a Participant, he must make an 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:
Elected or appointed members of the Governing Authority
❑ Municipal Legal Officers
City Manager
❑ Department Heads
Other (must specify): If a former City Manager or other Employee has previously
waived or declined participation in the Plan, said City Manager or Employee
shall not receive credit for any service with the City prior to July 1, 2003.
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CREDITED SERVICE
In addition to Current Credited Service the Adopting Employer may include as Credited Service
the following types of service:
CREDITED PAST SERVICE
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.
Eligible Employees Employed on 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):
• 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 for (must specify other
limitation):
Previously Employed, Returning to Service after 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..
• Other limitation(s) (must specify): Notwithstanding any other provision,
Credited Past Service shall not include any tenure of office as an elected or
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appointed member of the Governing Authority unless the Participant is
serving as an elected or appointed member of the Governing Authority or
Eligible Regular Employee on July 1, 2003.
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.
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.
PRIOR MILITARY SERVICE
Note: This section does not concern military service required to be credited under
USERRA — See Article III, Section 2 of the Master Plan for rules on the crediting of
USERRA 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 next
section — 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.
Maximum Credit for Prior Military Service.
Credit for Prior Military Service shall be limited to a maximum of years (insert number).
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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.
❑ Other requirement (must specify):
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):
Other Conditions for Award of Prior Military Service Credit (must specify):
Limitations on Service Credit Purchases. For purposes of this section and the following
section concerning prior governmental service credit, the term "actuarial cost of the service
credit" means the present value of the Accrued Benefit relating to such additional service credit
determined as of the payment date and calculated based upon the assumptions specified in
Article XII, Section 7 of the Master Plan.
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. The
Employer may elect to allow Employees to make the purchase through payroll deduction and the
Employer may pick -up the amount to be contributed by the Employee in accordance with
Internal Revenue Code Section 414(h) and the Plan, subject to any conditions contained in
GMEBS' rules and regulations concerning service credit purchases.
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PRIOR GOVERNMENTAL SERVICE
Note: Prior service with other GMEBS employers shall be credited as provided under the
Master Plan.
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 defused 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
net section — Unused Sick/Vacation/Personal Leave).
❑ 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.
Definition of Prior Governmental Service.
Prior governmental service shall be defined as follows: (must specify):
Unless otherwise specified above, prior governmental service shall include only full -time service
(minimum hour requirement same as that applicable to Eligible Regular Employees).
Maximum Credit for Prior Governmental Service.
Credit for prior governmental service shall be limited to a maximum of years (insert
number).
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.
GMEBS - Defined Benefit Plan Adoption Agreement
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❑ 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):
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.
❑ The Participant must pay an amount equal to (must specify):
UNUSED SICK/VACATION/PERSONAL LEAVE
An Adopting Employer may elect to treat accumulated days of unused leave for which a
terminated Participant is not paid as Credited Service. The Pension Committee shall be
responsible to certify to GMEBS the total amount of unused leave which is creditable hereunder.
The Employer elects the following treatment of unused leave:
Unused leave shall not be treated as Credited Service (if checked, skip to next
section — Retirement Eligibility).
❑ The following types of unused leave 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 (must specify):
Minimum Service Requirement.
In order to receive credit for unused leave, 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):
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Use of Unused Leave Credit. Unused leave 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.
Maximum Credit for Unused Leave.
Credit for unused leave shall be limited to a maximum of months (insert number).
Computation of Unused Leave.
Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each
twenty (20) days of creditable unused leave shall constitute one (1) complete month of Credited
Service under the Plan. Partial months shall not be credited.
Other Conditions (please specify):
RETIREMENT ELIGIBILITY
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,
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):
Early retirement qualifications for excepted class(es) are (check one or more as applicable):
❑ Attainment of age
❑ Completion of
(insert number)
years (insert number) of Total Credited Service
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NORMAL RETIREMENT QUALIFICATIONS
Note: Please complete this section and also list "Alternative" Normal Retirement
Qualifications, if any, in next section.
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
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):
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
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 (insert number)
E` Completion of t-- years (insert number) of Total Credited Service
ALTERNATIVE NORMAL RETIREMENT QUALIFICATIONS
Please skip to the next section (Disability Benefit Qualifications) if the Adopting Employer
does not offer alternative normal retirement benefits under the Plan. 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:
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Alternative Normal Retirement Qualifications (check one or more, as applicable):
Alternative Minimum Age & Service Qualifications. (if checked, please
complete one or more items below, as applicable):
Attainment of age 55 (insert number)
Completion of 20 years (insert number) of Total Credited Service
This alternative normal retirement benefit is available to:
❑ All Participants who qualify.
Only the following Participants (must specify): Police Officers as
defined in Atricle II Section 46 of the Master Plan.
A Participant (check one): ❑ is required 0 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.
❑ 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): ❑ must have attained at least age (insert number) ❑ must not
satisfy any minimum age requirement.
This alternative normal retirement benefit is available to:
❑ All Participants who qualify.
❑ Only the following Participants (must specify):
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.
❑ 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.
This alternative normal retirement benefit is available to:
❑ All Participants who qualify.
❑ Only the following Participants (must specify):
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❑ Other Alternative Normal Retirement Benefit.
Must specify qualifications:
This alternative normal retirement benefit is available to:
❑ All Participants who qualify.
❑ Only the following Participants (must specify):
DISABILITY BENEFIT QUALIFICATIONS
Please skip to the next section (Retirement Benefit Computation) if the Adopting Employer
does not offer disability retirement benefits under the Plan. Subject to the other terms and
conditions of the Master Plan, disability retirement qualifications are based upon Social Security
Administration award criteria or as otherwise provided under Article Il, Section 19 of the Master
Plan.
To qualify for a disability benefit, a Participant must have the following minimum number of
years of Total Credited Service:
❑ No minimum.
❑ years (insert number) of Total Credited Service.
❑ Other requirement (must specify):
RETIREMENT BENEFIT COMPUTATION
MAXIMUM TOTAL CREDITED SERVICE
The number of years of Total Credited Service which may be used to calculate a benefit is
(check one):
• not limited.
❑ limited to years.
❑ limited to years as an elected or appointed member of the Governing
Authority or Municipal Legal Officer.
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MONTHLY NORMAL RETIREMENT BENEFIT AMOUNT
Regular Employees
The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check
one):
❑ Flat Percentage Formula. % (insert percentage) of Final Average
Earnings multiplied by years of Total Credited Service as an Eligible Regular
Employee.
❑ Split Formula (Dynamic Break Point). _% (insert percentage) of Final
Average Earnings up to the amount of Covered Compensation as defined in
Article II, Section 15 of the Master Plan (Dynamic Break Point), 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.
❑ Split Formula (Table Break Point). % (insert percentage) of Final
Average Earnings up to the amount of Covered Compensation as defined in
Article II, Section 16 of the Master Plan (Table Break Point), 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.
❑ Grandfathered Split Formula. For Eligible Regular Employees employed on or
after (insert date) and for Eligible Regular Employees
employed prior to said date only when application of this formula would result in
a higher benefit than the benefit as determined under the following sentence,
(insert percentage) of Final Average Earnings up to the amount of
Covered Compensation as defined in Article II, Section 15 of the Master Plan
(Dynamic Break Point), 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. For Regular Employees
employed prior to , (insert date) only when application of
this formula would result in a higher benefit than the benefit as determined under
the following sentence, % (insert percentage) of Final Average Earnings
up to the amount of Covered Compensation as defined in Article II, Section 16 of
the Master Plan (Table Break Point), 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..
Other Formula (must specify): Split Formula (Dynamic Break Point). 1_5 %
of Final Average Earnings up to the amount of Covered Compensation as defined
in Article II, Section 15 of the Master Plan (Dynamic Break Point), plus 2_0 %
of Final Average Earnings in excess of said Covered Compensation, multiplied by
years of Total Credited Service as an Eligible Regular Employee. However, in no
event shall the Participant's Monthly Retirement Benefit exceed 100% of the
GMEBS - Defined Benefit Plan Adoption Agreement
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highest monthly Earnings that the Participant received during the period
used for calculating his Final Average Earnings.
Exceptions: If a formula other than that specified above applies to a special class(es) of Eligible
Regular Employees, the Employer must specify below the class(es) to whom the different
formula applies and indicate below the formula applicable to them.
Class(es) of Regular Employees to whom exception applies (must specify):
Benefit formula for excepted class (must specify):
Final Average Earnings
Final Average Earnings is defined as (check one):
The annual average of Earnings paid to a Participant by the Adopting Employer
for the 5 (insert number not to exceed 5) consecutive years (12 month periods)
of Credited Service preceding the Participant's most recent Termination in which
the Participant's Earnings were the highest. Note: GMEBS has prescribed forms
for calculation of Final Average Earnings that must be used for this purpose.
❑ Other method of calculation (must specify):
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Elected or Appointed Members of the 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. The monthly normal
retirement benefit for members of this class shall be as follows (check one):
$ 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).
❑ Other formula (must specify):
Exceptions: If a different formula from that specified above applies to a particular class of
elected or appointed members of the Governing Authority or Municipal Legal Officers, the
Employer must specify below the class to whom the different formula applies and indicate below
the formula applicable to them.
Those to whom exception applies (must specify):
Benefit formula for excepted class (must specify):
MONTHLY EARLY RETIREMENT J3ENEFIT AMOUNT (check one):
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 Article XII, Section 1 of the
Master Plan to account for early commencement of benefits.
❑ The monthly Early Retirement benefit shall be computed as follows (must
specify):
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MONTHLY LATE RETIREMENT BENEFIT AMOUNT (check one):
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.
❑ 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 contained in Article
XII, Section 6 of the Master Plan; or (2) the monthly retirement benefit accrued as
of the Participant's Late Retirement Date, without further actuarial adjustment
under Article XII, Section 6 of the Master Plan.
MONTHLY DISABILITY BENEFIT AMOUNT
Complete this section only if the Adopting Employer elects to provide Disability retirement
benefits. The amount of the monthly Disability Benefit shall be computed as follows (check
one):
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.
❑ Other method (must specify):
Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit.
The Employer elects the following minimum Disability benefit (check one):
❑ No minimum is established.
No less than (check one): e 20% 0 10% ❑ % (if other than 20% or 10%
insert percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period immediately preceding his Termination of Employment
as a result of a Disability.
❑ 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 immediately preceding his Termination of Employment
as a result of a Disability, less any benefits paid from Workers Compensation,
federal Social Security benefits as a result of disability, any state compulsory
disability plan, and any disability income plan paid by the Employer.
O Other Minimum (must specify):
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BENEFIT CAP FOR ELECTED OFFICIALS
Complete this section only if elected or appointed members of the Governing Authority
participate in the Plan. 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):
❑ No cap.
• Monthly benefit for Service as an elected or appointed member of the Governing
Authority may not exceed 100% of the Participant's final monthly salary as an
elected or appointed member of the Governing Authority.
❑ Other cap (must specify):
DISTRIBUTIONS FOR THOSE WHO REMAIN IN SERVICE AFTER NORMAL
RETIREMENT
The Employer may elect to permit active Participants who have satisfied the Employer's
qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their
retirement benefit even though they have not yet terminated employment with Employer, subject
to the terms of the Master Plan. The Employer makes the following election in this regard
(check one):
• Distribution of retirement benefits is not permitted until the Participant has
terminated employment and otherwise qualifies for receipt of benefits.
❑ Participants who have satisfied the qualifications for Normal Retirement or
Alternative Normal Retirement may begin drawing their Normal Retirement
benefit even though they remain in the service of the Employer. This provision
applies to (check one):
❑ All Participants
❑ Only Participants in the following classes (in- service distributions not
permitted for any others) (must specify):
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COST OF LIVING ADJUSTMENT
The Employer may elect to provide for a 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):
❑ No cost -of -living adjustment.
Variable Annual cost -of- living adjustment not to exceed 3_0% (insert
percentage).
❑ Fixed annual cost -of -living adjustment equal to % (insert percentage).
The above cost -of- living adjustment shall apply with respect to Participants (and their
Beneficiaries) who terminate employment on or after June 1, 1999 (insert date).
RE- EMPLOYMENT AFTER RETIREMENT
Reemployment After Normal Retirement. In the event a Retired Participant is reemployed
with the Employer as an Eligible Employee after his Normal Retirement Date, the following rule
shall apply (check one):
• The Participant's benefit shall be suspended in accordance with Article VI,
Section 6(a) of the Master Plan for as long as the Participant remains employed.
❑ The Participant may continue to receive his retirement benefit in accordance with
Article VI, Section 6(c) of the Master Plan. This rule shall apply to (check one):
❑ all Retired Participants ❑ only the following classes of Retired Participants
(must specify - benefits of those Retired Participants not listed shall be
suspended in accordance with Article VI, Section 6(a) of the Master Plan if
they return to work with the Employer):
Reemployment After Early Retirement. In the event a Participant retires with an Early
Retirement benefit and is reemployed with the Employer as an Eligible Employee before his
Normal Retirement Date, the following rule shall apply (check one):
The Participant's Early Retirement benefit shall be suspended in accordance with
Article VI, Section 6(a) of the Master Plan for as long as the Participant remains
employed.
❑ The Participant's eligibility to continue receiving Early Retirement benefits shall
be subject to the following limitations (if this item is checked, check one of the
following):
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Q' T h e P a r t i c i p a n t ' s E a r l y R e t i r e m e n t b e n e f i t s h a l l b e s u s p e n d e d . H o w e v e r ,
t h e P a r t i c i p a n t m a y a g a i n b e g i n r e c e i v i n g b e n e f i t s a f t e r h e s a t i s f i e s t h e
q u a l i f i c a t i o n s f o r N o r m a l R e t i r e m e n t o r a l t e r n a t i v e N o r m a l R e t i r e m e n t i n
a c c o r d a n c e w i t h A r t i c l e V I , S e c t i o n 6 ( d ) o f t h e M a s t e r P l a n .
Q' T h e P a r t i c i p a n t m a y c o n t i n u e r e c e i v i n g h i s E a r l y R e t i r e m e n t b e n e f i t i n
a c c o r d a n c e w i t h A r t i c l e V I , S e c t i o n 6 ( e ) o f t h e M a s t e r P l a n , p r o v i d e d h i s
i n i t i a l r e t i r e m e n t w a s i n g o o d f a i t h a n d h e d o e s n o t r e t u r n t o e m p l o y m e n t
w i t h t h e E m p l o y e r f o r a m i n i m u m o f m o n t h s ( i n s e r t n u m b e r n o
l e s s t h a n 6 ) f o l l o w i n g h i s e f f e c t i v e R e t i r e m e n t d a t e . I f t h i s r e q u i r e m e n t i s
n o t m e t , t h e P a r t i c i p a n t ' s b e n e f i t s h a l l b e s u s p e n d e d u n t i l h e s a t i s f i e s t h e
q u a l i f i c a t i o n s f o r N o r m a l R e t i r e m e n t o r a l t e r n a t i v e N o r m a l R e t i r e m e n t i n
a c c o r d a n c e w i t h A r t i c l e V I , S e c t i o n 6 ( d ) o f t h e M a s t e r P l a n .
T E R M I N A T I O N O F E M P L O Y M E N T B E F O R E R E T I R E M E N T ; V E S T I N G
E l i g i b l e R e g u l a r E m p l o y e e s
S u b j e c t t o t h e t e r m s a n d c o n d i t i o n s o f t h e M a s t e r P l a n , a P a r t i c i p a n t w h o i s a n E l i g i b l e R e g u l a r
E m p l o y e e a n d w h o s e e m p l o y m e n t i s t e r m i n a t e d f o r a n y r e a s o n o t h e r t h a n d e a t h o r r e t i r e m e n t
s h a l l e a r n a v e s t e d r i g h t i n h i s a c c r u e d r e t i r e m e n t b e n e f i t i n a c c o r d a n c e w i t h t h e f o l l o w i n g
s c h e d u l e ( c h e c k o n e ) :
0 N o v e s t i n g s c h e d u l e ( i m m e d i a t e v e s t i n g ) .
Q' C l i f f V e s t i n g S c h e d u l e . B e n e f i t s s h a l l b e 1 0 0 % v e s t e d a f t e r t h e P a r t i c i p a n t h a s a
m i n i m u m o f y e a r s ( i n s e r t n u m b e r n o t t o e x c e e d 1 0 ) o f T o t a l C r e d i t e d
S e r v i c e . B e n e f i t s r e m a i n 0 % v e s t e d u n t i l t h e P a r t i c i p a n t s a t i s f i e s t h i s m i n i m u m
G r a d u a t e d V e s t i n g S c h e d u l e . B e n e f i t s s h a l l b e c o m e v e s t e d i n a c c o r d a n c e w i t h
t h e f o l l o w i n g s c h e d u l e ( i n s e r t p e r c e n t a g e s ) :
C O M P L E T E D Y E A R S
O F T O T A L C R E D I T E D S E R V I C E .
V E S T E D P E R C E N T A G E
1
0 %
2
0 %
3
0 %
4
0 %
5
5 0 %
6
6 0 %
7
7 0 %
8
8 0 %
9
9 0 %
1 0
1 0 0 %
G M E B S - D e f i n e d B e n e f i t P l a n A d o p t i o n A g r e e m e n t
- 2 3 -
1
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):
Vesting Schedule for excepted class (must specify):
Elected or Appointed Members of the Governing Authority
Complete this Section only if Elected or Appointed Members of the Governing Authority
are permitted to participate in the Plan. 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):
❑ No vesting schedule (immediate vesting).
Other vesting schedule (must specify): 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 requirement.
Otherwise, service prior to July 1, 2003 will not be taken into account.
PRE - RETIREMENT DEATH BENEFITS
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 death prior to Retirement (check and complete 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 Article VII, Section 3 of the Master Plan. In order to
be eligible for this benefit, a Participant must meet the following requirements
(check one):
❑ The Participant must be vested in a normal retirement benefit.
GMEBS - Defined Benefit Plan Adoption Agreement
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1
1
❑ 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):
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 immediately upon becoming a Participant.
❑ The Participant must have years (insert number) of Total Credited
Service.
❑ Other eligibility requirement (must specify):
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 (%z) ❑ (insert other
fraction) of the Service between such date of death and what would
otherwise have been the Participant's Normal Retirement Date.
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, the class(es)
to whom the different death benefit applies, and the eligibility conditions for said death benefit.
Alternative Death Benefit (must specify):
Participants to whom alternative death benefit applies (must specify):
Eligibility conditions for alternative death benefit (must specify):
TERMINATED VESTED DEATH BENEFIT
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
GMEBS - Defined Benefit Plan Adoption Agreement
- 25
1
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 Article VII, Section 3 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.
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):
Participants to whom alternative death benefit applies (must specify):
Eligibility conditions for alternative death benefit (must specify):
EMPLOYEE CONTRIBUTIONS
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):
Pre -Tax Treatment of Employee Contributions. If employee contributions are required, 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 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 Section 414(h). The Employer
hereby eLects (check one):
GMEBS - Defined Benefit Plan Adoption Agreement
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1
❑ To pick -up employee contributions.
❑ Not to pick -up employee contributions.
Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any
refund of Employee Contributions.
❑ Interest shall not be paid.
❑ Interest shall be paid on a refund of Employee Contributions at a rate established
by GMEBS from time to time.
EMPLOYER ADOPTION
The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement,,
bylaws, 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, the bylaws of the
Board, the rules and regulations of the Board, and this Plan 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. and any other applicable
provisions of O.C.G.A. Title 47;
(2) The bylaws of the Board;
(3) The rules and regulations of the Board;
(4) This Ordinance and Adoption Agreement.
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.
The Adopting Employer understands that failure to properly complete this Adoption
Agreement may result in the Adopting Employer's plan not being qualified under the Internal
Revenue Code. The Adopting Employer also agrees it will inform the Board of any amendments
to this Adoption Agreement, its Plan, or the discontinuance, abandonment or termination of its
Plan.
GMEBS - Defined Benefit Plan Adoption Agreement
- 27 -
1
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, the rights and obligations under the Plan with respect to persons
whose employment or term of office with the City was terminated 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 July 1, 2003.
Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly
repealed. This Section shall not be interpreted to repeal the early retirement incentive
Addendum to the Retirement Plan adopted on U`Y Q- 9 2. , 2003.
Approved by the Mayor and Council of the City of Tybee Island, Georgia this d
day of caJ t�,'� -� , 2003.
CITY OF TYBEE ISL RGIA
iverjejour
The terms of the foregoing Adoption Agreement 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
(SEAL)
915486v2
GMEBS - Defined Benefit Plan Adoption Agreement
- 28 -
Board of Trustees
Georgia Municipal Employees
Benefit System
Secretary
1
@ @ITEM 2003 -06 -25 Special Called Council Minutes
Mayor Pro Tem Walter Crawford called the meeting to order at 7 P.M. The
Following members of Council were present: James Burke, Jack Youmans, Whitley
Reynolds and Jason Buelterman. City Manager Bob Thomson and City Attorney Edward
Hughes were also present.
Burke moved to approve the alcohol beverage license for Tybee Times, 1603
Strand in the name of Steven L. Kellam. Reynolds seconded. Vote by Council was
unanimous.
Burke moved to approve the alcohol beverage license for The Smokehouse
Grill, 401 Jones Avenue in the name of Teresa S. Dickerson. Youmans seconded. Vote
by Council was unanimous.
As there was no further business on the agenda Crawford adjourned the meeting.
Mayor Pro Tem Walter Crawford
Council signature request for special meeting is attached to these minutes.
ICITY COUNCIL
Walter Crawford, Mayor Pro Tem
Richard Barrow
Jason Buelterman
James "Jimmy" Burke
Whitley Reynolds
Jack Youmans
Mayor Walter W. Parker
CITY OF TYBEE ISLAND
June 25, 2003
We the undersigned agreed to call a special
meeting on June 25th, 2003.
P.O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749
(912) 786 -4573 - FAX (912) 786 -5737
www.cityoftybee.org
City Manager
Bob Thomson
Clerk of Council
Jacquelyn R. Brown
City Attorney
Edward M. Hughes