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HomeMy WebLinkAbout88-67 - Amending Retirement Plan for Safety EmployeesRESOLUTION NO. 88-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE RETIREMENT PLAN FOR SAFETY EMPLOYEES OF THE CITY OF COSTA MESA. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE, DETER- MINE, AND ORDER AS FOLLOWS: WHEREAS, the Retirement Plan for Safety Employees of the City of Costa Mesa, established July 1, 1962, amended and restated effective January 1, 1984, is hereby amended as follows: SEUTIONS 1.17, 3.4, and 4.4 are here amended (Exhibit "A" attached). NOW, THEREFORE, BE IT RESOLVED that the effective date of this amend- ment shall be July 3, 1988. BE IT FURTHER RESOLVED that nothing contained in this amendment to the restated Retirement Plan shall be held to alter or affect any of the provi- sions of this Plan other than as herein specifically provided. PASSED AND ADOPTED this 15th day of August, 1988. ATTEST: City Clerk of the CiFy�­ot Costa M Mayor of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OR ORANGE ) ss. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 88-67 was duly and regularly passed and adopted by the said City Council at a regular meeting held on the 15th day of August, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 16th day of August, 1988. City Clerk arra ex -officio Clerk 4 the City Council of the City of Cost# Mesa EXHIBIT "A" RESOLUTION NO. 88-67 AMENDMENT TO THE RETIREMENT PLAN FOR SAFETY EMPLOYEES OF THE CITY OF COSTA MESA The "Retirement Plan for Safety Employees of the City of Costa Mesa," which became effective July 1, 1962, and which was amended and restated in its entirety, effective January 1, 1984, is hereby amended, effective July 3, 1988, as follows: (1) By DELETING section 1.17 in its entirety and SUBSTITUTING there- for the following: 1.17 "Total and Permanent Disability" means, with respect to a Participant who is an active Employee of the Employer, a physi- cal condition resulting frau bodily injury or disease, including but not limited to an injury or disease arising out of or in the course of the performance of his or her assigned duties, that renders him totally and permanently incapable of engaging in his employment or occupation with the Eknplcyer. "Total and Perma- nent Disability" does not include a permanent incapacity con- tracted, suffered, or incurred while a Participant was engaged in a criminal enterprise nor resulting from habitual drunken- ness, addiction to narcotics, or an intentionally self inflicted injury, nor does it include a permanent incapacity directly incurred and due solely to the military service of a Partici- pant that prevents him fron returning to employment with the Employer and for which he receives a disability benefit or pension from the United States. The "Total and Permanent Disa- bility" of any Participant shall be determined by the Retirement Camnittee in accordance with uniform principles consistently applied, upon the basis of such evidence as the Committee deems necessary and desirable. (2) By DELETING Section 3.4 in its entirety and SUBSTITUTING there- for the following: 3.4 Disabilitv Retirement Date The Disability Retirement date of an Employee shall be the first day of the calendar month on or after January 1, 1988, following the commencement of the "Total arra Permanent Disability" as determined by the Retirement Carnnittee in accordance with Section 1.17. (3) By DELETING Section 4.4 in its entirety and SUBSTITUTING there- for the following: 4.4 Total and Permanent Disability Retirement Benefit The amount of the "Total and Permanent Disability" retirement benefit payable to a Participant shall be an annuity consisting of monthly payments on the first day of each month equal to (a) 50% of the Participant's monthly earnings, or (b) the monthly amount of bene- fit payable as an Early Retirement Benefit, if greater. Upon the death of a Participant receiving a "Total and Permanent Disability" retirement benefit, a monthly benefit equal to 50% of the amount of the disability retirement benefit being paid to the Participant at the time of his death shall be paid to the Participant's surviving spouse (as defined in Section 5.1) throughout life or until remarriage. Any Participant who is disabled may be required to submit to a medical examination by a physician selected by the employee and/or approved by the Retirement Camittee at any time during "Total and Permanent Disability" retirement prior to his normal retirement date, but not more often than semi-annually, to determine whether he is eligible for the continuance of the "Total and Permanent Disability" retirement benefit. If, on the basis of such examination, it is found by the Retirement Camnittee that the Participant is no longer disabled or if he is either rehired to his previous occupation with the Employer or to a position whose duties are substantially similar to those of a peace officer (as defined in Sections 830.1 and 830.31 of the California Penal Code), his "Total and Permanent Disability" retirement benefit will cease. In the event the Participant receiving a "Total and Permanent Disability" retirement benefit refuses to sub- mit to a medical examination, his benefit will be discontinued until he submits to such examination. The only form of retirement benefit payable to a Participant who is disabled is the benefit described in this Section 4.4.