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.