HomeMy WebLinkAbout2007-06-19-Meeting AgendaCommissionMeetingAgenda
CommissionChamber
6/19/2007
2:00PM
INVOCATION:
ReverendDavidKruse,OurRedeemerLutheranChurch
PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA.
RECOGNITION(S)
EmployeeoftheMonth
A.Mr.RandyBlount,AugustaUtilitiesDepartment
MayEmployeeoftheMonth
Attachments
Retirements
B.Ms.AnnLark,ExecutiveSecretary,AugustaTransit Department,
25yearsofservice.
Ms. Mary Jo McNeely, License Clerk, License & Inspe ctions
Department,24yearsofservice
Attachments
Five(5)minutetimelimitperdelegation
DELEGATIONS
C.Ms.JaniceJenkins.RE:CommunityAffairs/HydePar k Attachments
D.Ms.LynnReed,PresidentBuckheadNeighborhoodAsso ciation.
RE:Interstatemowing/litter/clean-upofdebris.
Attachments
CONSENTAGENDA
(Items1-42)
PLANNING
1.Z-07-62–ArequestforconcurrencewiththeAugust a-Richmond
CountyPlanningCommissiontoAPPROVEapetitionby Russell
Waites and Larry Doolittle, on behalf of Evelyn and Edward
Sikes,requestingachangeofzoningfromZoneR-1 (One-family
Residential) to Zone R-1C (One-family Residential) affecting
propertycontainingapproximately15acresandist heremaining
portionof3745OldWaynesboro.(TaxMap170-2,Parcel054)
DISTRICT8
Attachments
2.Z-07-63–ArequestforconcurrencewiththeAugust a-Richmond
CountyPlanningCommissiontoAPPROVEapetitionby Spiro
Papadopoulas requesting a change of zoning from Zon e R-1C
(One-familyResidential)andZoneB-1(NeighborhoodBusiness)
toZoneB-2(GeneralBusiness)affectingpropertycontaining 1.63
acresandknownunderthepresentnumberingsystem as107,109,
111,113,115&117CherryStreet.(TaxMap011Par cels008,
009,010,011,012&013)DISTRICT7
Attachments
3.Z-07-64–ArequestforconcurrencewiththeAugust a-Richmond
CountyPlanningCommissiontoAPPROVEapetitionby Brian
Besson,onbehalfofScottD.Gunter,requestingch angeofzoning
fromZoneA(Agriculture)toZoneLI(LightIndustr y)affecting
propertycontaining1.5acreslocatedontheeastr ight-of-wayline
ofMikePadgettHighway,810feet,moreorless,so uthofSuffolk
Drive.(TaxMap099-3Partofparcels011&014)DI STRICT2
Attachments
4.FINALPLAT–AUBERNATSANDRIDGE–S-756–Arequest
for concurrence with the Augusta-Richmond County Planning
CommissiontoAPPROVEapetitionbyH.LawsonGraha m&
Associates, on behalf of MarshallHomes, LLC, reques ting final
plat approval for the Aubern at Sandridge.This res idential
subdivisionislocatedonPepperdineDrive,atthe terminusand
contains15lots.(Reviewingagencyapproval5-31-0 7)
Attachments
5.FINALPLAT–THERESERVES,PHASEII–S-659-II-REV –
A request for concurrence with the Augusta-Richmond County
PlanningCommissiontoAPPROVEapetitionbyJames G.Swift
& Associates,on behalf of Peter Budwick, Paramount Homes,
requesting final plat approval for the Reserves, Ph ase II.This
residentialdevelopmentinlocatedonReservesLane ,adjacentto
theReserves,PhaseIandadds17lots.
Attachments
6.FINALPLAT–GRANITEHILL,SECTION5(FKABARNETT
CROSSING,SECTION5)–S-748–Arequestforconcurrence
with the Augusta-Richmond County Planning Commission to
APPROVE a petition by Southern Partners Inc., on be half of
Crowell&Co.Inc.,requestingfinalplatapproval forGraniteHill,
Section 5.This residential subdivision is located on Madison
Lane, adjacent to Barnett Crossing, Section 4 and B uckhead
Section5-Aandcontains63lots.
Attachments
7.FINAL PLAT - LOTS 1-8, MADRID DRIVE,GORDON
WOODSEXPANSION,PHASEI–S-2007-002–Arequestfor
concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Promise Land
CommunityDevelopmentrequestingfinalplatapprova lforLots
1-8 Madrid Drive, Gordon Woods Expansion Phase I.Thi s
residentialsubdivisionislocatedonMadridDrive atLuxemborg
Drive.(PendingCityEngineerApprovalby6-19-07)
Attachments
8.FINAL PLAT –AYLESBURY COMMONS, PH. II (FKA
AYLESBURY LANDING) – S-710-II –A request for
concurrence with the Augusta-Richmond County Planning
CommissiontoAPPROVEapetitionbyGeorgeL.Godma n&
Associates,onbehalfofLPBProperties,Inc.,requ estingfinalplat
approval for Aylesbury Commons, Phase II.This resi dential
subdivisionislocatedonAylesburyDrive,adjacent toAylesbury,
PhaseIandcontains50lots.
Attachments
9.Z-07-53–ArequestforconcurrencewiththeAugust a-Richmond Attachments
CountyPlanningCommissiontoAPPROVEapetitionby Robert
ShearerrequestingachangeofzoningfromZoneA(Agriculture)
to Zone LI (Light Industry) affecting property cont aining
approximately6.5acresandknownunderthepresent numbering
systemas2337GordonHighway.(PartofTaxMap067 Parcel
004).DISTRICT3
10.Z-07-55–ArequestforconcurrencewiththeAugust a-Richmond
CountyPlanningCommissiontoAPPROVEapetitionby James
Kirk, Sr., on behalf of Debora Benson, requesting a Special
ExceptiontoestablishaFamilyPersonalCareHome perSection
26-1(H)oftheComprehensiveZoningOrdinancefor Augusta-
RichmondCountyaffectingpropertycontaining1.83a cresandis
known under the present numbering system as 4919 Mc Combs
Road.(TaxMap353Parcel022-01)DISTRICT8
Attachments
11.Z-07-56–ArequestforconcurrencewiththeAugust a-Richmond
County Planning Commission to APPROVE with the cond ition
that there be only one residential unit in addition to the
professionaluseinthebuilding;apetitionbyDou glasDay,on
behalfofMarthaP.Toole,requestingaSpecialExc eptiontoallow
aresidentialuseinaP-1(Professional)Zoneper Section20-2(b)
oftheComprehensiveZoningOrdinanceforAugusta-Richmond
Countyaffectingpropertycontaining.09acresand isknownunder
thepresentnumberingsystemas349GreeneStreet(Taxmap047-
2Parcel260)DISTRICT1
Attachments
12.Z-07-58–ArequestforconcurrencewiththeAugust a-Richmond
CountyPlanningCommissiontoAPPROVEapetitionby Chawan
Cooper, on behalf of MDI Properties, a Special Exce ption to
establishaFamilyDayCareHomeperSection26-1(f)ofthe
ComprehensiveZoningOrdinanceforAugusta-RichmondCounty
affecting property containing .37 acres and known u nder the
present numbering system as 2811 Ridgeview Drive (T ax Map
039Parcel154)DISTRICT3
Attachments
13.Z-07-59–ArequestforconcurrencewiththeAugust a-Richmond
County Planning Commission to APPROVE with the cond ition
Attachments
that the zoning be for the specific development of a “Fred’s”:
store; a petition by James and Marianna Daskal requ esting a
Special Exception in a B-1 (Neighborhood Business) zone to
allow a commercial building that would exceed 15,00 0 gross
squarefeetofareaperSection21-2oftheComprehensiveZoning
Ordinance for Augusta-Richmond County affecting property
containing1.48acresandisknownas2872Tobacco Road.(Tax
Map128;Parcel014-02)DISTRICT8
14.Z-07-61–ArequestforconcurrencewiththeAugust a-Richmond
CountyPlanningCommissiontoAPPROVEapetitionby Lehman
Lord,onbehalfofBenjaminN.Murray,requestinga changeof
zoning from Zone B-2 (General Business) to Zone LI (Light
Industry)affectingpropertycontaining1.00acres andisknown
underthepresentnumberingsystemas2029GordonH ighway.
(PartofTaxMap069Parcel027)DISTRICT5
Attachments
PUBLICSERVICES
15.Motionto approve aNewOwnershipApplication:A.N.07-27:
A request by Falgini Patel for a retail package Beer & Wine
licensetobeusedinconnectionwith JBFoodMart locatedat
3040MeadowbrookDr.Distirct5.SuperDistrict9.(Approved
byPublicServicesCommitteeJune11,2007)
Attachments
16.Motionto approve aNewOwnershipApplication:A.N.07-28:
A request by Luciana Martin for an on premise consu mption
Liquor,Beer&Wine licensetobeusedinconnectionwithLuci's
Loungelocatedat2075OldSavannahRd.Therewill beDance
subject to the monitoring of the business for probl ems with
loitering. District 2. Super District 9.(Approved by Public
ServicesCommitteeJune11,2007)
Attachments
17.Motionto approveaNewOwnershipApplication:A.N.07-29:
ArequestbyLucianaMartinforaretailpackage Liquor,Beer&
WinelicensetobeusedinconnectionwithCornerStop Liquor
Storelocatedat2075OldSavannahRdsubjecttoth emonitoring
ofbusinessforproblemswithloitering.District 2.SuperDistrict
Attachments
9.(ApprovedbyPublicServicesCommitteeJune11,200 7)
18.Motionto approve aNewApplication:A.N.07-30:Arequest
byMichaelAnglinforanonpremiseconsumption Liquor,Beer
& Wine license to be used in connection with Tipsey
McStumbles, LLC located at 214 Seventh St. There w ill be
Dance.District1.SuperDistrict9.(ApprovedbyPublicServices
CommitteeJune11,2007)
Attachments
19.Motionto approveaNewApplication:A.N.07-25:Arequest
by Emily D. Watkins for an on premise consumption Liquor,
Beer&Wine licensetobeusedinconnectionwiththe RedLion
Publocatedat 1936WaltonWay .TherewillbeDance.District
1. Super District9.(ApprovedbyPublic Services Committee
June11,2007)
Attachments
20.MotiontoapproveaNewOwnershipApplication:A.N .07-26:
ArequestbyCholA.Yuforaretailpackage Liquor,Beer&
Winelicense to be used in connection with Overpass Pac kage
locatedat 3745PeachOrchardRd.District6.SuperDistrict10.
(ApprovedbyPublicServicesCommitteeJune11,200 7)
Attachments
21.Motion to approvethe use of internet auction service and
authorizetheadministratortosigntheagreementb etweenAugusta
andGovDeals.com.(ApprovedbyPublicServicesCommittee
June11,2007)
Attachments
22.Motion to approvechange order to contract with J & B
Construction andServices,Inc. forunforeseendemo litionwork
associatedwiththe CandyFactorysubject to there viewofthe
contract. (Approved by Public Services Committee June 11,
2007)
Attachments
ADMINISTRATIVESERVICES
23.Motionto approveRetirementofMs.MaryJoMcNeelyunderthe
1977 Pension Plan.(Approved by Administrative Services
CommitteeJune11,2007)
Attachments
PUBLICSAFETY
24.Motionto approve continuingthecontractwithGoldCrossforan
additional year at the same cost.(Approved by Public Safety
CommitteeJune11,2007)
Attachments
25.Motion to approvethe selection of Shulman, Rogers, Gandal,
Pordy&Ecker,P.A.,forRFQItem#07-119,LegalServicesfor
RebandingProcessfor800MHzRadioFrequencies.(Approved
byPublicSafetyCommitteeJune11,2007)
Attachments
FINANCE
26.Motiontoapprovetheawardofthecontracttomode rnizethethree
MunicipalBuildingtractionelevatorstothelowbi dder,Premier
Elevator,withabasebidof$398,747.00andAddAl ternate1,an
additional $13,959.00, for a total of $412,706.00 t o be funded
from SPLOST Phase III. Also, award the annual main tenance
contract for these same three elevators to Premier at the
completionoftheworkintheamountof$11,970.00 forthefirst
year,$12,497.00forthesecondyearand$13,247.00 forthethird
year,tobefundedfromtheannualGeneralFundope ratingbudget
for the Municipal Building .(Approved by Finance and
EngineeringServicesCommitteesJune11,2007)
Attachments
27.Motionto approveGeorgiaAdministrativeServices(GAS)asthe
Third Party Administrator (TPA) for Augusta, GA’s W orkers’
Compensationclaims.(ApprovedbyFinanceCommitteeJune
11,2007)
Attachments
28.Motionto approvetheacquisitionofonehydraulicexcavatorfor
the Utilities Department-Construction Division from Stafford
Equipment, Inc. of Lawrenceville, Georgia for $71,7 25.00
Attachments
(Lowest bid offer on bid 07-093).(Approved by Finance
CommitteeJune11,2007)
ENGINEERINGSERVICES
29.Motionto authorizecondemnationofaportionofProperty#052-
0-115-00-0 3910 Carolyn Street, which is owned by Eugene
Burley,for499.6Sq.FeetofTemporaryEasement.PWProject:
Belair Hills Subdivision Improvement Project.(Approved by
EngineeringServicesCommitteeJune11,2007)
Attachments
30.Motionto authorizecondemnationofaportionofProperty#052-
0-165-00-03915CarolynStreetandProperty#052-0 -166-0-00
3917CarolynStreet,whichisownedbyEvelynV.Wa lkerTurner,
for2,999.58Sq.FeetofTemporaryEasement.PWPr oject:Belair
Hills Subdivision Improvement Project.(Approved by
EngineeringServicesCommitteeJune11,2007)
Attachments
31.Motionto authorizecondemnationofaportionofProperty#015-
0-099-00-0LincolnStreet,whichisownedbyMattriceMatthe w
Scott,Jr.,JoanScottRuff,andJobynaM.Scott,f or995Sq.Feet
ofRightofWayand509Sq.FeetofTemporaryEasem ent.PW
Project: Belair Hills Subdivision Improvement Proje ct.
(ApprovedbyEngineeringServicesCommitteeJune11 ,2007)
Attachments
32.Motionto authorizecondemnationofaportionofProperty#051-
0-039-00-0PowellRoad,whichisownedbyMattriceMatthew
Scott, Jr.; Joan Scott Ruff; Jobyna M. Scott; Esthe r Lee; and
Robert Gabriel, for 924 Sq. Feet of Permanent Easem ent and
1,412Sq.FeetofTemporaryEasement.PWProject:BelairHills
Subdivision Improvement Project.(Approved by Engineering
ServicesCommitteeJune11,2007)
Attachments
33.Motionto authorizecondemnationofaportionofProperty#051-
0-240-00-03943BarrettStreet,whichisownedbyPioneers,Inc.
(5/6Interest)andDorothyDicks(1/6Interest),fo r1,000Sq.Feet
of Temporary Easement. PW Project: Belair Hills Su bdivision
Attachments
Improvement Project.(Approved byEngineering Services
CommitteeJune11,2007)
34.Motionto authorizecondemnationofaportionofProperty#051-
0-079-00-01706 OrangeAvenue, whichisownedbyPioneers,
Inc.,for3,413Sq.FeetofPermanentEasementand 2,296Sq.Feet
of Temporary Easement. PW Project: Belair Hills Su bdivision
Improvement Project.(Approved by Engineering Services
CommitteeJune11,2007)
Attachments
35.Motionto authorizecondemnationofaportionofProperty#051-
0-078-00-01708 OrangeAvenue, whichisownedbyPioneers,
Inc.,for2,539Sq.FeetofPermanentEasementand 3,632Sq.Feet
of Temporary Easement. PW Project: Belair Hills Sub division
Improvement Project .(Approved by Engineering Services
CommitteeJune11,2007)
Attachments
36.Motionto authorizecondemnationofaportionofProperty#052-
0-088-00-03920BarrettStreet,whichisownedbyRayburnKa rl
WhighamandMarjorieG.WhighamDesir,for633Sq.Feetof
PermanentEasementand663Sq.FeetofTemporaryEa sement.
PW Project: Belair Hills Subdivision Improvement Pr oject.
(ApprovedbyEngineeringServicesCommitteeJune11 ,2007)
Attachments
37.Motionto approveCapitalProjectBudgetChangeNumberOne
(324-04-201824110)andSupplementalAgreementOnewithURS
Corporationintheamountof$580,737.58toprovide subsurface
utilityevaluationanddesignplansfortheBroadS treetportionof
thedowntowntrafficsignalandstreetlightupgrade project.Funds
are available in SPLOST Phase IV in the project con tingency
account.(ApprovedbyEngineeringServicesCommitteeJune
11,2007)
Attachments
38.Motion to approve the deeds of dedication, maintenance
agreements,androadresolutionsubmittedbytheEn gineering,and
Augusta Utilities Departments for Hancock Mill Plan tation,
Attachments
SectionTwo.(ApprovedbyEngineeringServicesCommittee
June11,2007)
39.Motionto approveProposalfromMidwestMaintenanceInc.,to
Execute Exterior Renovations to the Municipal Build ing,
including re-roofing, resealing cladding and replacement of
existingwindowsinaccordancewithRFP07-125.(Approvedby
EngineeringServicesCommitteeJune11,2007)
Attachments
40.Motion to approve an Option for Easement between ATC
DevelopmentCorp.,asowner,andAugusta,Georgia,asoptionee,
in connection with the 60112 Rae's Creek Trunk Sewe r
Replacement, Phase IV for the following:(Approved by
EngineeringServicesCommitteeJune11,2007)
PIN 031-4-120-00-0: 6,203 sq. ft., more or less, of permanent
utility,accessandmaintenanceeasementand5,624 sq.ft.,moreor
less,oftemporaryconstructioneasement;and
PIN 031-4-121-00-0: 374 sq. ft., more or less, of permanent
utility,accessandmaintenanceeasementand1,238 sq.ft.,moreor
less,oftemporaryconstructioneasement;and
PIN 031-4-128-00-0: 6,077 sq. ft., more or less, of permanent
utility,accessandmaintenanceeasementand5,529 sq.ft.,moreor
less,oftemporaryconstructioneasement;and
PIN 031-4-129-00-0: 1,213 sq. ft., more or less, of permanent
utility,accessandmaintenanceeasementand972sq .ft.,moreor
less,oftemporaryconstructioneasement;and
PIN 031-4-130-00-0: 9,353 sq. ft., more or less, ofpermanent
utility,accessandmaintenanceeasementand8,140 sq.ft.,moreor
less,oftemporarycostructioneasement;
foratotalpurchasepriceof$27,521.00.
Attachments
41.Motion to approveSupplemental Agreement Number Five (5)
withPBS&Jintheamountof$77,000forevaluatio nofpotential
Attachments
sources of contamination associated with undergroun d storage
tanksandhazardouswastesitesconcerningtheWrig htsboroRoad
ImprovementsfromJimmieDyessParkwaytoI-520,CP B#323-
04-296823309.FundswillbetransferredfromtheProje ctRightof
WayAccounttotheProjectEngineeringAccount.(Approvedby
EngineeringServicesCommitteeJune11,2007)
PETITIONSANDCOMMUNICATIONS
42.Motion to approve the minutes of the regular meetin g of the
AugustaCommissionheldJune5,2007.
Attachments
****ENDCONSENTAGENDA****
AUGUSTACOMMISSION
6/19/2007
AUGUSTACOMMISSION
REGULARAGENDA
6/19/2007
(Items43-51)
ADMINISTRATIVESERVICES
43.Discuss the County Attorney's breach of the confide ntiality of
acity employee'sEEO complaint.(RequestedbyComm issioner
MarionWilliams)
Attachments
44.Update from the Administrative Services Recreation Study
Subcommitteeregardingtheinvestigativeprocessre lativetothe
recentreportsoftheft,drugs,andcellphonesreg ardingRCCIand
RecreationDepartments.
Attachments
ENGINEERINGSERVICES
45.Motion to approve GDOT Right of Way Mowing and Attachments
MaintenanceAgreementforplantingsandbeautificat iononDoug
BarnardParkway.
ATTORNEY
46.Anordinancetoamendandrestatethe1945Richmond Employees
Pension Fund Act and any amendments thereafter toc omply
withtheInternalRevenueServiceLawsandRegulati ons;torepeal
all ordinances or parts or ordinances in conflict w ith this
ordinance.
Attachments
47.AnordinancetoamendandrestateOrdinanceNo.665 6,adopted
February 20, 2002, the "1949 City of Augusta 1949 G eorgia
RetirementFund",hereinafterreferredtoasthe"P lan",soasthe
tocomply withthe Internal Revenue Service Laws an d
Regulations; to repeal conflicting ordinances or pa rts of
ordinancesinconflictwiththisordinance.
Attachments
48.AnordinancetoamendandrestateOrdinanceNumber 6655,the
"1977RichmondEmployeesPensionFund",hereinafte rreferred
to as the "Plan " and amendments thereto tocomply withthe
Internal Revenue Service Laws and Regulations; to r epeal any
ordinancesorpartsofordinancesinconflictwith thisordinance.
Attachments
49.MotiontoapproveanOrdinancetoamendandrestate theCodeof
AugustaRichmondCountyregardingtheoperationof amotorized
cartinapublicstreet,road,orhighway;tocorre ctanerrortoa
referencetotheO.C.G.A.;andtorepealanyconfli tingordinances.
Attachments
OTHERBUSINESS
50.Discuss the Commission's censure of Commissioner Ca lvin
Holland.(RequestedbyCommissionerMarionWilliams )
Attachments
LEGALMEETING
A.PendingandPotentialLitigation.
UpcomingMeetings
www.augustaga.gov
B.RealEstate.
C.Personnel.
51.Motion to approve execution by the Mayor of the aff idavit of
compliancewithGeorgia'sOpenMeetingAct.
CommissionMeetingAgenda
6/19/20072:00PM
Invocation
Department:
caption2:ReverendDavidKruse,OurRedeemerLutheranChurch
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 1
CommissionMeetingAgenda
6/19/20072:00PM
EmployeeoftheMonth
Department:ClerkofCommission
caption2:Mr.RandyBlount,AugustaUtilitiesDepartment
MayEmployeeoftheMonth
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 2
CommissionMeetingAgenda
6/19/20072:00PM
Retirements
Department:
caption2:Ms.AnnLark,ExecutiveSecretary,AugustaTransit
Department,25yearsofservice.
Ms.MaryJoMcNeely,LicenseClerk,License&Inspe ctions
Department,24yearsofservice
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 3
CommissionMeetingAgenda
6/19/20072:00PM
JaniceJenkins
Department:
caption2:Ms.JaniceJenkins.RE:CommunityAffairs/HydePar k
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 4
Attachment number 1
Page 1 of 1
Item # 4
CommissionMeetingAgenda
6/19/20072:00PM
LynnReed
Department:
caption2:Ms.LynnReed,PresidentBuckheadNeighborhood
Association.RE:Interstatemowing/litter/clean-u pofdebris.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 5
Attachment number 1
Page 1 of 1
Item # 5
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-62–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEa
petitionbyRussellWaitesandLarryDoolittle,on behalfof
EvelynandEdwardSikes,requestingachangeofzon ing
fromZoneR-1(One-familyResidential)toZoneR-1C (One-
familyResidential)affectingpropertycontaining
approximately15acresandistheremainingportion of3745
OldWaynesboro.(TaxMap170-2,Parcel054)DISTRIC T8
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 6
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-63–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEa
petitionbySpiroPapadopoulasrequestingachange of
zoningfromZoneR-1C(One-familyResidential)and Zone
B-1(NeighborhoodBusiness)toZoneB-2(General
Business)affectingpropertycontaining1.63acres and
knownunderthepresentnumberingsystemas107,10 9,111,
113,115&117CherryStreet.(TaxMap011Parcels 008,
009,010,011,012&013)DISTRICT7
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 7
Cover Memo
Item # 7
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-64–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEa
petitionbyBrianBesson,onbehalfofScottD.Gun ter,
requestingchangeofzoningfromZoneA(Agricultur e)to
ZoneLI(LightIndustry)affectingpropertycontain ing1.5
acreslocatedontheeastright-of-waylineofMike Padgett
Highway,810feet,moreorless,southofSuffolk
Drive.(TaxMap099-3Partofparcels011&014)
DISTRICT2
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 8
Cover Memo
Item # 8
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:FINALPLAT–AUBERNATSANDRIDGE–S-756–A
requestforconcurrencewiththeAugusta-RichmondC ounty
PlanningCommissiontoAPPROVEapetitionbyH.Law son
Graham&Associates,onbehalfofMarshallHomes,LL C,
requestingfinalplatapprovalfortheAubernat
Sandridge.Thisresidentialsubdivisionislocated on
PepperdineDrive,attheterminusandcontains15
lots.(Reviewingagencyapproval5-31-07)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 9
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:FINALPLAT–THERESERVES,PHASEII–S-659-II-
REV–ArequestforconcurrencewiththeAugusta-
RichmondCountyPlanningCommissiontoAPPROVEa
petitionbyJamesG.Swift&Associates,onbehalf ofPeter
Budwick,ParamountHomes,requestingfinalplatapp roval
fortheReserves,PhaseII.Thisresidentialdevelo pmentin
locatedonReservesLane,adjacenttotheReserves,PhaseI
andadds17lots.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 10
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:FINALPLAT–GRANITEHILL,SECTION5(FKA
BARNETTCROSSING,SECTION5)–S-748–Arequest
forconcurrencewiththeAugusta-RichmondCounty
PlanningCommissiontoAPPROVEapetitionbySouthe rn
PartnersInc.,onbehalfofCrowell&Co.Inc.,req uesting
finalplatapprovalforGraniteHill,Section5.Th is
residentialsubdivisionislocatedonMadisonLane,adjacent
toBarnettCrossing,Section4andBuckheadSection 5-A
andcontains63lots.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 11
Cover Memo
Item # 11
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:FINALPLAT-LOTS1-8,MADRIDDRIVE,GORDON
WOODSEXPANSION,PHASEI–S-2007-002–Arequest
forconcurrencewiththeAugusta-RichmondCounty
PlanningCommissiontoAPPROVEapetitionbyPromis e
LandCommunityDevelopmentrequestingfinalplat
approvalforLots1-8MadridDrive,GordonWoods
ExpansionPhaseI.Thisresidentialsubdivisionis locatedon
MadridDriveatLuxemborgDrive.(PendingCityEngi neer
Approvalby6-19-07)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 12
Cover Memo
Item # 12
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:FINALPLAT–AYLESBURYCOMMONS,PH.II(FKA
AYLESBURYLANDING)–S-710-II–Arequestfor
concurrencewiththeAugusta-RichmondCountyPlanni ng
CommissiontoAPPROVEapetitionbyGeorgeL.Godma n
&Associates,onbehalfofLPBProperties,Inc.,re questing
finalplatapprovalforAylesburyCommons,PhaseII .This
residentialsubdivisionislocatedonAylesburyDri ve,
adjacenttoAylesbury,PhaseIandcontains50lots .
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 13
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-53–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEa
petitionbyRobertShearerrequestingachangeofz oning
fromZoneA(Agriculture)toZoneLI(LightIndustr y)
affectingpropertycontainingapproximately6.5acr esand
knownunderthepresentnumberingsystemas2337Go rdon
Highway.(PartofTaxMap067Parcel004).DISTRI CT3
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 14
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-55–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEa
petitionbyJamesKirk,Sr.,onbehalfofDeboraBe nson,
requestingaSpecialExceptiontoestablishaFamil yPersonal
CareHomeperSection26-1(H)oftheComprehensive
ZoningOrdinanceforAugusta-RichmondCountyaffecti ng
propertycontaining1.83acresandisknownundert he
presentnumberingsystemas4919McCombsRoad.(Tax
Map353Parcel022-01)DISTRICT8
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 15
Cover Memo
Item # 15
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-56–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEwith
theconditionthattherebeonlyoneresidentialun itin
additiontotheprofessionaluseinthebuilding;a petitionby
DouglasDay,onbehalfofMarthaP.Toole,requesti nga
SpecialExceptiontoallowaresidentialuseinaP -1
(Professional)ZoneperSection20-2(b)ofthe
ComprehensiveZoningOrdinanceforAugusta-Richmond
Countyaffectingpropertycontaining.09acresand isknown
underthepresentnumberingsystemas349GreeneSt reet
(Taxmap047-2Parcel260)DISTRICT1
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 16
ClerkofCommission
Cover Memo
Item # 16
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-58–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEa
petitionbyChawanCooper,onbehalfofMDIPropert ies,a
SpecialExceptiontoestablishaFamilyDayCareHo meper
Section26-1(f)oftheComprehensiveZoningOrdina ncefor
Augusta-RichmondCountyaffectingpropertycontaini ng.37
acresandknownunderthepresentnumberingsystem as
2811RidgeviewDrive(TaxMap039Parcel154)DISTR ICT
3
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 17
Cover Memo
Item # 17
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-59–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEwith
theconditionthatthezoningbeforthespecificd evelopment
ofa“Fred’s”:store;apetitionbyJamesandMaria nna
DaskalrequestingaSpecialExceptioninaB-1
(NeighborhoodBusiness)zonetoallowacommercial
buildingthatwouldexceed15,000grosssquarefeet ofarea
perSection21-2oftheComprehensiveZoningOrdinancefor
Augusta-RichmondCountyaffectingpropertycontaini ng
1.48acresandisknownas2872TobaccoRoad.(Tax Map
128;Parcel014-02)DISTRICT8
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 18
ClerkofCommission
Cover Memo
Item # 18
CommissionMeetingAgenda
6/19/20072:00PM
PlanningCommission
Department:PlanningCommission
caption2:Z-07-61–ArequestforconcurrencewiththeAugust a-
RichmondCountyPlanningCommissiontoAPPROVEa
petitionbyLehmanLord,onbehalfofBenjaminN.
Murray,requestingachangeofzoningfromZoneB-2
(GeneralBusiness)toZoneLI(LightIndustry)affe cting
propertycontaining1.00acresandisknownundert he
presentnumberingsystemas2029GordonHighway.(P artof
TaxMap069Parcel027)DISTRICT5
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 19
CommissionMeetingAgenda
6/19/20072:00PM
AlcoholApplication
Department:License&Inspections
caption2:Motionto approve aNewOwnershipApplication:A.N.07
-27:ArequestbyFalginiPatelforaretailpacka ge Beer&
Winelicensetobeusedinconnectionwith JBFoodMart
locatedat 3040MeadowbrookDr.Distirct5.SuperDistrict
9.(ApprovedbyPublicServicesCommitteeJune11,
2007)
Background:Thisisanewwownershipapplication.Formerlyint hename
ofJamesFedor.
Analysis:TheapplicantmeetstherequirementsoftheAugusta
RichmondCountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillapyafeeof$1210.00.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSD
recommendsapproval.
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 20
Cover Memo
Item # 20
Attachment number 1
Page 1 of 2
Item # 20
Attachment number 1
Page 2 of 2
Item # 20
CommissionMeetingAgenda
6/19/20072:00PM
AlcoholApplication
Department:License&Inspections
caption2:Motionto approve aNewOwnershipApplication:A.N.07
-28:ArequestbyLucianaMartinforanonpremise
consumption Liquor,Beer&Wine licensetobeusedin
connectionwithLuci'sLoungelocatedat2075OldS avannah
Rd.TherewillbeDancesubjecttothemonitoringo fthe
businessforproblemswithloitering.District2.S uper
District9.(ApprovedbyPublicServicesCommitteeJune
11,2007)
Background:Thisisanewownershipapplication.Formerlyinth enameof
WilliamJenkins.
Analysis:TheapplicantmeetstherequirementsoftheAugusta
RichmondCountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayafee$4345.00.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSD
recommendsapproval.
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 21
Administrator.
ClerkofCommission
Cover Memo
Item # 21
Attachment number 1
Page 1 of 2
Item # 21
Attachment number 1
Page 2 of 2
Item # 21
CommissionMeetingAgenda
6/19/20072:00PM
AlcoholApplication
Department:License&Inspections
caption2:Motionto approveaNewOwnershipApplication:A.N.07
-29:ArequestbyLucianaMartinforaretailpack age
Liquor,Beer&Wine licensetobeusedinconnectionwith
CornerStopLiquorStorelocatedat2075OldSavann ahRd
subjecttothemonitoringofbusinessforproblems with
loitering.District2.SuperDistrict9.(ApprovedbyPublic
ServicesCommitteeJune11,2007)
Background:Thisisanewownershipapplication.Formerlyinth enameof
WilliamJenkins.
Analysis:TheapplicantmeetstherequirementsoftheAugusta
RichmondCountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayafeeof$4235.00.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSD
recommendsapproval.
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
Administrator.
Cover Memo
Item # 22
ClerkofCommission
Cover Memo
Item # 22
Attachment number 1
Page 1 of 2
Item # 22
Attachment number 1
Page 2 of 2
Item # 22
CommissionMeetingAgenda
6/19/20072:00PM
AlcoholApplication
Department:License&Inspections
caption2:Motionto approve aNewApplication:A.N.07-30:A
requestbyMichaelAnglinforanonpremiseconsump tion
Liquor,Beer&Wine licensetobeusedinconnectionwith
TipseyMcStumbles,LLClocatedat214SeventhSt.There
willbeDance.District1.SuperDistrict9.(Approvedby
PublicServicesCommitteeJune11,2007)
Background:Thisisanewapplication.
Analysis:TheapplicantmeetstherequirementsoftheAugusta
RichmondCountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayafeeof$4345.00.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSD
recommendsapproval.
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 23
Cover Memo
Item # 23
Attachment number 1
Page 1 of 2
Item # 23
Attachment number 1
Page 2 of 2
Item # 23
CommissionMeetingAgenda
6/19/20072:00PM
AlcoholLicenseApplication
Department:License&Inspection
caption2:Motionto approveaNewApplication:A.N.07-25:A
requestbyEmilyD.Watkinsforanonpremiseconsu mption
Liquor,Beer&Wine licensetobeusedinconnectionwith
the RedLionPub locatedat 1936WaltonWay .Therewill
beDance.District1.SuperDistrict9.(ApprovedbyPublic
ServicesCommitteeJune11,2007)
Background:Thisisanewapplicationforandoldlocation.The rehasbeen
alicenseherebefore.
Analysis:TheapplicantmeetstherequirementsoftheAugusta
RichmondCountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayafeeof$4345.00.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSD
recommendsapproval.
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 24
Cover Memo
Item # 24
Attachment number 1
Page 1 of 2
Item # 24
Attachment number 1
Page 2 of 2
Item # 24
CommissionMeetingAgenda
6/19/20072:00PM
AlcoholLicenseApplication
Department:License&Inspection
caption2:MotiontoapproveaNewOwnershipApplication:A.N .07-
26:ArequestbyCholA.Yuforaretailpackage Liquor,
Beer&Wine licensetobeusedinconnectionwithOverpass
Packagelocatedat 3745PeachOrchardRd.District6.
SuperDistrict10.(ApprovedbyPublicServices
CommitteeJune11,2007)
Background:Thisisanewownershipapplication.Formerlyinth enameof
SunKnight.
Analysis:TheapplicantmeetstherequirementsoftheAugusta
RichmondCountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayafeeof$4235.oo.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSD
recommendsapproval.
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 25
Cover Memo
Item # 25
Attachment number 1
Page 1 of 2
Item # 25
Attachment number 1
Page 2 of 2
Item # 25
CommissionMeetingAgenda
6/19/20072:00PM
ApprovaltouseInternetAuctionService
Department:AugustaRegionalAirport
caption2:Motionto approvetheuseofinternetauctionserviceand
authorizetheadministratortosigntheagreementb etween
AugustaandGovDeals.com.(ApprovedbyPublicServices
CommitteeJune11,2007)
Background:AugustaRegionalAirporthasseveralsurplusitems thatare
“airportspecific”andsomeinoperableconstruction type
equipment(pleaseseetheattachedlist).Theseite msarein
varyingstatesofdisrepairbecauseofage,typeof equipment
and/ornolongerneededbytheairport.Manyofthe items
wereprocuredfromtheFederalGovernment.Wewould not
anticipatetheseitemstodowellinanormal“publ ic
auction”.Theseitemsaretakingupspaceanddep reciating
everyday.Toselltheseitemsatapublicauctionw ould
requiretheybemovedtotheauctionsite.Commerci al
towingcostsbetween$50.00to$150.00peritemdep ending
onthesize.Moreandmoregovernmentsareusing internet
auctionservices;suchasColumbiaCounty,Richmond
CountyBoardofEducation,andAikenCountytomenti ona
few.Theadvantageofusinginternetisalargerma rket
increasingthepotentialforrevenue.Itemsaresol dwithout
havingtomovetheitem.Therearethreecompanies that
caterexclusivelytoGovernments;PublicSurplusAu ctions,
GovDeals(dot)com,andPropertyRoom(dot)com.T hese
auctionservicesnowhavebiddersinall50statesa ndforeign
countries.GovDeals(dot)Comoffersanon-obligato ry
service(usetheserviceasyouwish)withthelowe stservice
fee.Itcaterstogovernmentorganizationsonly.A ugusta
RegionalAirporthasanumberofitemsthatarespe cificto
airportoperationsthereforethebuyers/marketwill belimited
atapublicauction.Usinganinternetservicewill resultina
largerbuyersmarket.Wearerequestingtheitemso nthe
attachedlistbeauthorizedforsale.
Cover Memo
Item # 26
Analysis:ANALYSIS:Theadvantagesinusinganinternetservi ceare
asfollows:1.Internetoffersalargerbuyersmark et.2.Items
aresoldwheretheyare;thereisnoneedtoreloca teproperty
whichisacosttothedepartment.3.Itemscanbes oldasthey
aredeclaredexcess.4.Theinternetserviceprovid esan
auditableaccountingrecordofsales.Thedisadvant agesin
usinganinternetserviceareasfollows:1.Therew illbean
increaseintheadministrationforpostingitemsan d
collectingmoney.
FinancialImpact:Therearenoinitialdirectcostsassociatedwitht hisservice.
ShouldtheCommissionapprovetheservice,afeeof 7½%
oftheacceptedbidpriceispaid,invoicedmonthly .
Alternatives:TheAugustaCommissionhasthefollowingalternativ es:1.
Disapprovethisrequestandcontinuetoholdannual public
auctions.2.Approvetherequestinpartanddirect whatitems
aretobesoldontheinternetandwhichtobesold atalocal
publicauction.
Recommendation:Approvetheuseofinternetauctionserviceandaut horizethe
administratortosigntheagreementbetweenAugusta and
GovDeals.com.
Fundsare
Availableinthe
Following
Accounts:
N/A-feeswillbenettedagainstproceedsfromauc tion
REVIEWEDANDAPPROVEDBY :
Finance.
Administrator.
ClerkofCommission
Cover Memo
Item # 26
Department Name Year Make Model Description Serial #
Airport-Administration 1978 OshKosh M-1500 Truck, Fire, Crash M-1500
Airport-Administration 1976 OshKosh M-1500 Truck, Fire, Crash 15491
Airport-Administration 196_ Ford F350 Truck, Refueler, 600 Gallon
Airport-Administration Hyster C530 Roller, Motorized
Airport-Administration Gallion T5G Roller, Motorized
Airport-Administration OshKosh U-30 Tractor, Towable
Airport-Administration International TD225SL Tractor, Towable 5050001228
Airport-Administration 1975 Clark 2330237 Tractor, Warehouse KT397
Airport-Administration 1980 Northwestern JG40PT15 Tractor, Warehouse 12033
Airport-Administration Wells 3645 Sweeper, Towable 45
Airport-Administration LeeBoy L700ST Paver 1826
Airport-Administration International 340 Tractor w/ Trailer 8503
Airport-Administration International 1066 Tractor w/ Trailer 3/4 Ton 261017U039
Airport-Administration E-Z-Go GXT-1500 Truckster 2111
Airport-Administration Deweze ATM-72 Mower 72-D043
Airport-Administration Allis-Charlmers M100M Grader 81S05285
Airport-Administration Rotary AB1028 Lift, Rotary, 9000 22098
Airport-Administration 21R21 Tires, Truck, Large
Airport-Administration Champion HR5-8 Compressor, Air R155167
Airport-Administration Monark 16ft. Boat, Aluminum 847820
Airport-Administration Evinrude 225/V6 Boat, Motor G04315672
Airport-Administration Evinrude 115/V4 Boat, Motor
Airport-Administration Evinrude 115/V4 Boat, Motor 262244
Airport-Administration E-Z-Path Lathe 81574325
Airport-Administration Airsearch Jet Start 107P908
Airport-Administration Airsearch Jet Start 285359
Airport-Administration Homemade Trailer, Covered
Airport-Administration Clark Tug, Baggage RQ518
Airport-Administration Delorean T-40 Tug, Baggage 93300111468
Airport-Administration Leed Camper, Cover G2987233
Airport-Administration Leed Camper, Cover
Attachment number 1
Page 1 of 1
Item # 26
CommissionMeetingAgenda
6/19/20072:00PM
ApproveChangeOrderforAdditionalDemolitionWork AssociatedwiththeCandyFactory
Department:Library,ThroughCapitalImprovements
caption2:Motionto approvechangeordertocontractwithJ&B
ConstructionandServices,Inc.forunforeseendemo lition
workassociatedwiththeCandyFactorysubjecttot hereview
ofthecontract .(ApprovedbyPublicServicesCommittee
June11,2007)
Background:ThedemolitionoftheoldTelfairStreetCandyFact orywas
awardedtoJ&BConstructionandServices,Inc.in
November,2006.Thebuildingshavenowbeenrazed,and
severalunforeseen,subsurfacestructureshavebeen
encountered,alongwithsomeundocumentedasbestos.
Analysis:TheoldCandyFactorydemolitioncontractencompass esthe
demolitionofacomplexofsixdifferentstructures .Someof
thesestructureswerefree-standingandsomewereb uiltas
additionstoadjoining,predatingstructures.As-bu ilt
drawingswereavailableforonlythemostrecently-
completedstructure,thusthemajorityofthebuild ingslacked
anydrawingstoaccuratelydocumentthescopeofwo rk.This
changeorderisforconcealedandunforeseendemoli tionand
asbestosabatementwork,aslistedontheattachmen ts.
Includingthechangeorders,thetotalprojectcost willbeless
thantheamountbudgetedfordemolitionoftheCand y
Factory.
FinancialImpact:Thecostofthechangeorderis$28,858.80.
Alternatives:Haveworkperformedbyanothercontractor.
Recommendation:Approvechangeorder.Changeorderisjustifiedand has
beencloselyscrutinizedandnegotiatedtoareason able
amount.Removingthehiddenslabslaterwouldmost likely
Cover Memo
Item # 27
resultinhighercostsinthefuture.Theasbestosc ontaining
materialshavetoberemovedanddisposedofinord erto
complywithGeorgiaEPDregulations.
Fundsare
Availableinthe
Following
Accounts:
324-050-1120202150320
REVIEWEDANDAPPROVEDBY :
Finance.
Administrator.
ClerkofCommission
Cover Memo
Item # 27
Item # 27
Item # 27
Item # 27
Item # 27
CommissionMeetingAgenda
6/19/20072:00PM
CountyAttorney
Department:
caption2:DiscusstheCountyAttorney'sbreachoftheconfide ntiality
ofacityemployee'sEEOcomplaint.(Requestedby
CommissionerMarionWilliams)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 28
CommissionMeetingAgenda
6/19/20072:00PM
PetitionforRetirementofMs.MaryJoMcNeely
Department:HumanResources
caption2:Motionto approveRetirementofMs.MaryJoMcNeely
underthe1977PensionPlan.(ApprovedbyAdministrative
ServicesCommitteeJune11,2007)
Background:Normalretirementunderthe1977PensionPlanisth efirst
dayofthemonthfollowinghis/her65thbirthdayor attaining
62yrs.ofageandcompleting25yearsofcredited service.
Themonthlybenefitis1%oftheparticipantsavera ge
earningsmultipliedbyhis/heryearsofcrediteds ervice.The
1977PensionPlanallowsyoutoretireasearlyas age50
aftercompleting15yearsofservice.Theearlyret irement
benefitis5/12%foreachmonthbywhichtheretire mentdate
oftheparticipantprecedeshisnormalretirementd ate.
Analysis:Ms.MaryJoMcNeely(age65)iscurrentlyaLicense Clerk
withtheLicense&InspectionsDepartment.Ms.McNe ely
washiredonMay1,1983.Ms.McNeelymeetsthe
requirementsforanearlyretirementunderthe1977 Plan.
HerproposedretirementdateisJuly1,2007.Ther etirement
benefitpayabletoMs.MaryJoMcNeelyis$264per month
(LifeOnly).
FinancialImpact:Fundsareavailableinthe1977PensionPlan.Emplo yeehas
contributed4%ofhersalarytowardsherretirement since
May1,1983.
Alternatives:DonotapprovetheretirementofMs.MaryJoMcNeel y
underthe1977PensionPlan.
Recommendation:ApprovetheretirementofMs.MaryJoMcNeelyunder the
1977PensionPlan.
Cover Memo
Item # 29
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Administrator.
ClerkofCommission
Cover Memo
Item # 29
Attachment number 1
Page 1 of 1
Item # 29
CommissionMeetingAgenda
6/19/20072:00PM
RCCIandRecreationDepartmentsReports
Department:ClerkofCommission
caption2:UpdatefromtheAdministrativeServicesRecreationS tudy
Subcommitteeregardingtheinvestigativeprocessre lativeto
therecentreportsoftheft,drugs,andcellphones regarding
RCCIandRecreationDepartments.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 30
CommissionMeetingAgenda
6/19/20072:00PM
AmbulanceServiceContractfor2008
Department:FireDepartment
caption2:Motionto approve continuingthecontractwithGoldCross
foranadditionalyearatthesamecost.(ApprovedbyPublic
SafetyCommitteeJune11,2007)
Background:Wehaveacontractfor911AmbulanceServicewithG old
CrossEMSunderthetermsofthecontract,theCity hasthe
optiontorenewthecurrentagreementforanadditi onal
year.Thisisthefinalyearfortherenewaloption.I fthis
optionisexercised,wemustnotifythecontractor onor
beforeJune30,2007.
Analysis:TheContractoriscurrentlyoperatingwithinthete rmsofthe
contract.Thecityhastwooptions;optiononeist onotify
GoldCrossofourintenttorenewthecontractfor an
additionalyear.Optiontwowouldbetotakenoact ionwhich
wouldresultinanRFPprocessfor911AmbulanceSe rvice
takingplacelaterintheyear.
FinancialImpact:Currentlythecostfor911AmbulanceServiceis$1,300,000
annunally.
Alternatives:
Recommendation:MotiontonotifyGoldCrossEMSthattheCitywishe sto
exerciseitsoptiontorenewthe911AmbulanceCont ractfor
2008.
Fundsare
Availableinthe
Following
Accounts:
101035110-5711110$1,380,000(2007)
Cover Memo
Item # 31
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 31
CommissionMeetingAgenda
6/19/20072:00PM
LegalServicesforRebandingProcessRFQ#07-119
Department:InformationTechnology
caption2:Motionto approvetheselectionofShulman,Rogers,
Gandal,Pordy&Ecker,P.A.,forRFQItem#07-119,Legal
ServicesforRebandingProcessfor800MHzRadio
Frequencies.(ApprovedbyPublicSafetyCommitteeJune
11,2007)
Background:The800MHzband,whichallAugustaradiousersope ratein,
isbeingreconfiguredtoreduceoreliminatethein terference
thatcurrentlyexists.Thisinterferenceisbetween
Sprint/Nexteland/orCellularA&BbandsandPubli c
Safety.Therebandingwillimpactcriticalinfrastr uctureand
end-userdevices.Technicalandlegalrepresentatio nduring
thisprocesswillsignificantlyimpacttheoveralls uccessof
Augusta’srelocationtodifferentfrequencies.
Analysis:TheFederalCommunicationsCommission(FCC)passed a
rulingthatall800MHzlicenseeholders,whichinc ludes
Augusta,relinquishtheircurrentfrequenciesto
Sprint/Nextel,inexchangefornewfrequenciesina different
partofthe800MHzspectrum.Inthisexchange,
Sprint/Nextelhasagreedtoabsorballcostsassoci atedwith
therebandingprocess,whichincludes:reprogrammin gof
equipment,replacementofequipment,managementfee s
fromusers,legalfees,andanyothercoststhatwo uldbe
applicabletothisproject.Adequaterepresentation with
experiencedealingwiththeFCCandTransition
Administrator(TA)isnecessarytoattainfrequency spectrum
equaltoorbetterthanwhatwecurrentlyhave.Dis pute
mediationhasbecomeanecessarystepinthis
reconfigurationprocess.Duetothespecializedkno wledge
requiredtoarbitrate,mediateandadviseinthisa rea,ourin-
houselegalstaffisinagreementwiththeselectio nofafirm
withexperienceandexpertiseinthisareatorepre sent
Augusta.Augustawillbetakingpartinasystem-wi de
Cover Memo
Item # 32
rebandingeffort.Inaefforttominimizedowntime andthe
lossofinteroperability,Augustamustcoordinateo ur
reprogrammingwithallothersystemusers.However,itis
theresponsibilityofAugusta,asthefrequencyhol der,to
followallguidelinessetforthbytheFCC.
FinancialImpact:Sprint/Nextel,atthemandateoftheFCC,willabso rball
costs.TherewillbenofinancialimpacttoAugusta .Allcosts,
toincludeequipmentreplacementfordevicesthatw illnot
upgrade,willbecollectedbyShulman,Rogers,Gand al,
Pordy&Ecker,P.A.,directlyfromSprint/Nextel.
Alternatives:Augustamustvacatethespectrumcurrentlyutilized .This
rulingismandatory.Thisrebandingprocessmustbe doneby
orderoftheFCC.
Recommendation:ThatweenterintoanagreementwithShulman,Roger s,
Gandal,Pordy&Ecker,P.A.,torepresentAugustai nthis
rebandingprojectandthattheybeawardedRFQitem #07-
119pendingcontractnegotiations.
Fundsare
Availableinthe
Following
Accounts:
n/a
REVIEWEDANDAPPROVEDBY :
Finance.
Administrator.
ClerkofCommission
Cover Memo
Item # 32
CommissionMeetingAgenda
6/19/20072:00PM
AwardContractforMunicipalBuildingElevatorMode rnization
Department:PublicServices-FacilitiesManagementDivision
caption2:Motiontoapprovetheawardofthecontracttomode rnizethe
threeMunicipalBuildingtractionelevatorstothe lowbidder,
PremierElevator,withabasebidof$398,747.00an dAdd
Alternate1,anadditional$13,959.00,foratotal of
$412,706.00tobefundedfromSPLOSTPhaseIII.Al so,
awardtheannualmaintenancecontractforthesesam ethree
elevatorstoPremieratthecompletionofthework inthe
amountof$11,970.00forthefirstyear,$12,497.00 forthe
secondyearand$13,247.00forthethirdyear,tob efunded
fromtheannualGeneralFundoperatingbudgetfort he
MunicipalBuilding .(ApprovedbyFinanceand
EngineeringServicesCommitteesJune11,2007)
Background:ThethreetractionelevatorsintheMunicipalBuild ingneed
tobeupgradedduetoageandchangestocode.Ar equestfor
bidswasissuedlastyearwithnoresponse.Thedo cument
wasrevisedandreissuedthisyear.Twobidswerer eceived.
Analysis:Staffhasthoroughlyreviewedthequalifications,r eferences
andmaterialssubmittedbyeachofthetwofirmssu bmitting
bidsonBidItem#07-100.Wehavedeterminedthatb oth
firmsmeetthequalificationsandhavecompliedwit hthe
termsoftheRFB.Thelowbidwillsavesubstantial lyonthe
contractcost,andthemaintenancecostoverthe
recommendedcontracttermissubstantiallyreduceda swell.
TheropegripsincludedunderAddAlternate1aren ow
requiredbytheState.
FinancialImpact:Thecostofthecontract,includingAddAlternate#1is
$412,706.00,tobefundedfromSPLOSTPhaseIII.
Alternatives:1.Approvetheawardofthecontracttomodernizet hethree
MunicipalBuildingtractionelevatorstothelowbi dder,
Cover Memo
Item # 33
PremierElevator,withabasebidof$398,747.00an dAdd
Alternate1,anadditional$13,959.00,foratotal of
$412,706.00tobefundedfromSPLOSTPhaseIII.Als o
awardtheannualmaintenancecontractforthesesam ethree
elevatorstoPremieratthecompletionofthework inthe
amountof$11,970.00forthefirstyear,$12,497.00 forthe
secondyearand$13,247.00forthethirdyeartobe funded
fromtheannualGeneralFundoperatingbudgetfort he
MunicipalBuilding.2.Donotapprovetheaward.
Recommendation:#1.Approvetheawardofthecontracttomodernize thethree
MunicipalBuildingtractionelevatorstothelowbi dder,
PremierElevator,withabasebidof$398,747.00an dAdd
Alternate1,anadditional$13,959.00,foratotal of
$412,706.00tobefundedfromSPLOSTPhaseIII.Als o
awardtheannualmaintenancecontractforthesesam ethree
elevatorstoPremieratthecompletionofthework inthe
amountof$11,970.00forthefirstyear,$12,497.00 forthe
secondyearand$13,247.00forthethirdyeartobe funded
fromtheannualGeneralFundoperatingbudgetfort he
MunicipalBuilding.
Fundsare
Availableinthe
Following
Accounts:
SPLOSTPhaseIIIallocatedtoMunicipalBuilding
Renovations.
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 33
Attachment number 1
Page 1 of 1
Item # 33
CommissionMeetingAgenda
6/19/20072:00PM
RenewcontractforTPA(ThirdPartyAdministrator)servicesforWorker'sCompensation
Program2007
Department:Finance/RiskManagementDivision-DonnaWilliams ,
ActingDirector
caption2:Motionto approveGeorgiaAdministrativeServices(GAS)
astheThirdPartyAdministrator(TPA)forAugusta,GA’s
Workers’Compensationclaims.(ApprovedbyFinance
CommitteeJune11,2007)
Background:TheannualcontractforWorker’sCompensationthird party
administration(TPA)renewsinJuly,2007.Thisser vicewas
bidin2004withGeorgiaAdministrativeServicesap proved
asthenewTPA.GeorgiaAdministrativeServiceshas donea
superbjobservingasAugusta’sTPAforitsWorker’s
CompensationProgram.FilingstotheStateBoardof
Worker’sCompensationhavebeentimelyashavenoti cesto
theSubsequentInjuryTrustFundandexcessinsuran ce
companies.GeorgiaAdministrativeServiceshasbeen found
tobehighlyknowledgeableandefficientinthe
administrationofthisarea.
Analysis:
FinancialImpact:3-Yearcontractreflectsa5%increaseforatotal threeyear
costof$232,833($77,611/year).
Alternatives:Placecontractoutforbid.Anegativeimpactisli kelywith
thisalternative.Unlikehealthinsurance,allwork ers’
compensationinjuryfiles,openedandclosed,would needto
betransferredtonewTPA.NewTPAwouldthenneed to
familiarizethemselveswithallopenfiles(veryti me
consuming)inordertoproperlyadministeraccount.
Recommendation:
Approve3-yearcontractwithGeorgiaAdministrative
Cover Memo
Item # 34
Servicesforthirdpartyadministrationservicesfo rWorkers’
Compensationclaims.
Fundsare
Availableinthe
Following
Accounts:
621-01-5231WorkersCompensationAdministration
REVIEWEDANDAPPROVEDBY :
Finance.
Administrator.
ClerkofCommission
Cover Memo
Item # 34
Attachment number 1
Page 1 of 1
Item # 34
CommissionMeetingAgenda
6/19/20072:00PM
UtilitiesExcavator
Department:Finance,FleetManagement,RonCrowden-FleetMana ger
caption2:Motionto approvetheacquisitionofonehydraulic
excavatorfortheUtilitiesDepartment-Construction Division
fromStaffordEquipment,Inc.ofLawrenceville,Geo rgiafor
$71,725.00(Lowestbidofferonbid07-093).(Approvedby
FinanceCommitteeJune11,2007)
Background:TheUtilitiesDepartment–ConstructionDivision requests
theacquisitionofonehydraulicexcavatortorepla cean
existing1995model(Asset#950177)withexcessive wear
andtear(pleaseseetheattachedevaluation).The1 2yearold
unithasahistoryofextensiveengineandhydrauli cproblems
andneedstobereplaced.Inaddition,thepropose dnew
replacementunitwillfeaturemuchgreateroverall
technologythantheoldermachine.Itwillalsoinc ludean
off-setswingboomwhichallowsmuchmoretaskflex ibility
duetoitsabilitytoexcavateinmanyvariouspatt erns.This
unitwouldbeutilizedinbetweentheextremelylar geunit
andtheminiunitenablingthecrewstobemoretim eand
laborefficient.
Analysis:FleetManagementsubmittedarequestforbidsthrou ghthe
ProcurementDepartmentutilizingtheDemandStar
electronicbidsystemwhichoffersnationwidebidc overage.
TheProcurementDepartmentreceivedquotesbackfro mfive
(5)vendors.ReviewofbidsreceivedshowsthatSta fford
Equipment,Inc.,ofLawrenceville,Georgia,submitt edthe
lowestbid.Thefollowingwastheresultsofthebi ds
received:StaffordEquipment=$71,725.00-LOWEST
BIDDER;ASCEquipment,Inc=$81,538.00;HertzRent als
–Didnotmeetbidspecifications(seeattachment);United
Rentals,Inc.=$76,831.00;YanceyBrothers.Equipm ent=
$91,042.00.
Cover Memo
Item # 35
FinancialImpact:Therequestedunitwillbepurchasedfor$71,725.00 using
theUtilities-ConstructionDivisioncapitalaccount .
Alternatives:1.Approvetheawardtothelowestbidder,Stafford
Equipment,Inc.,ofLawrenceville,Georgia.2.Don ot
approvetherequest.
Recommendation:Approvetheacquisitionofonehydraulicexcavator forthe
UtilitiesDepartment-ConstructionDivisionfromSta fford
Equipment,Inc.ofLawrenceville,Georgiafor$71,7 25.00
(Lowestbidofferonbid07-093).
Fundsare
Availableinthe
Following
Accounts:
506-04-3410-54.22510
REVIEWEDANDAPPROVEDBY :
Finance.
Administrator.
ClerkofCommission
Cover Memo
Item # 35
Asset #:950117
estimated:
Age: Mi/Hr
Type of
Service Reliability Maint/Repair Condition:
12 1 3 5
RANGES
Excellent Good
Needs immediate consideration for replacement
AUGUSTA, GEORGIA
FINANCE DEPARTMENT-FLEET MANAGEMENT DIVISION
REPLACEMENT CRITERIA FORM
Department Name: Department Number Date:
Utilities-Construction 506-04-3410 2-Apr-07
Vehicle Description:
Excavator-1995 Caterpillar 307
Assigned Use:
Signature of Director/Elected Official
Utilities-Construction and Maintenance Division,
excavate broken sewer lines, prepare water lines
Actual Age: Current miles/hours: Purchase Price:
12 1,764 $57,459.00
Life Expectancy Criteria Requirements -(Policy Evaluation)
53
Evaluation Points:
29
Policy Evaluation Results:
Needs immediate consideration for replacement
Fleet Managers Recommendation:
Finance Director's Approval
Maintenance records for 2006 shows excessive breakdowns and costly maintenance, as of 12-
12-06 needs over $2,139 in hydraulic work and new engine (rod knocking bad) and needs new
tracks.
Replacement Date: Fiscal Year Replacement:
20072007
Estimated Replacement Cost: Funding Source:
18 to 22 Points
$71,725.00 506-04-3410/54.22510
Qualifies for Replacement
Under 18 Points
23 to 27 Points
28 Points or more
Attachment number 1
Page 1 of 1
Item # 35
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Attachment number 2
Page 1 of 1
Item # 35
CommissionMeetingAgenda
6/19/20072:00PM
Condemnation-EugeneBurley
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto authorizecondemnationofaportionofProperty#
052-0-115-00-03910CarolynStreet,whichisowned by
EugeneBurley,for499.6Sq.FeetofTemporaryEase ment.
PWProject:BelairHillsSubdivisionImprovementPr oject.
(ApprovedbyEngineeringServicesCommitteeJune11 ,
2007)
Background:Theappraisedvalueoftheeasementis$40.00.Due to
numerousunsuccessfulnegotiationattempts,itisn ecessary
topursuecondemnation.
Analysis:Condemnationisrequiredinordertoacquiretheea sement.
FinancialImpact:Thenecessarycostswillbecoveredbytheproject budget.
Alternatives:Denytheauthorizationtocondemn.
Recommendation:Approvetheauthorizationtocondemn.
Fundsare
Availableinthe
Following
Accounts:
G/L324-04-1110-54.11120J/L203824335-54.11120
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 36
Cover Memo
Item # 36
Attachment number 1
Page 1 of 1
Item # 36
CommissionMeetingAgenda
6/19/20072:00PM
Condemnation-EvelynV.WalkerTurner
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto authorizecondemnationofaportionofProperty#
052-0-165-00-03915CarolynStreetandProperty#0 52-0-
166-0-003917CarolynStreet,whichisownedbyEve lynV.
WalkerTurner,for2,999.58Sq.FeetofTemporary
Easement.PWProject:BelairHillsSubdivision
ImprovementProject.(ApprovedbyEngineeringServices
CommitteeJune11,2007)
Background:Theappraisedvalueoftheeasementis$240.00.Af ter
severalunsuccessfulattemptstonegotiatewiththe owner,it
isnecessarytopursuecondemnation.
Analysis:Condemnationisrequiredinordertoacquiretheea sement.
FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget.
Alternatives:Denytheauthorizationtocondemn.
Recommendation:Approvetheauthorizationtocondemn.
Fundsare
Availableinthe
Following
Accounts:
G/L324-04-1110-54.11120J/L203824335-54.11120
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 37
Cover Memo
Item # 37
Attachment number 1
Page 1 of 1
Item # 37
CommissionMeetingAgenda
6/19/20072:00PM
Condemnation-MattriceMatthewScott,Jr.,JoanSc ottRuff,andJobynaM.Scott
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto authorizecondemnationofaportionofProperty#
015-0-099-00-0LincolnStreet,whichisownedbyMa ttrice
MatthewScott,Jr.,JoanScottRuff,andJobynaM.Scott,for
995Sq.FeetofRightofWayand509Sq.FeetofTe mporary
Easement.PWProject:BelairHillsSubdivision
ImprovementProject.(ApprovedbyEngineeringServices
CommitteeJune11,2007)
Background:Theappraisedvalueoftheeasementis$837.00.Du etothe
owners'refusaltocooperatewithnegotiations,it isnecessary
topursuecondemnation.
Analysis:Condemnationisrequiredinordertoacquiretheea sement.
FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget.
Alternatives:Denytheauthorizationtocondemn.
Recommendation:Approvetheauthorizationtocondemn.
Fundsare
Availableinthe
Following
Accounts:
G/L324-04-1110-54.11120J/L203824335-54.11120
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 38
Cover Memo
Item # 38
Attachment number 1
Page 1 of 1
Item # 38
CommissionMeetingAgenda
6/19/20072:00PM
Condemnation-MattriceMatthewScott,Jr.;JoanSc ottRuff;JobynaM.Scott;EstherLee;and
RobertGabriel
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto authorizecondemnationofaportionofProperty#
051-0-039-00-0PowellRoad,whichisownedbyMattr ice
MatthewScott,Jr.;JoanScottRuff;JobynaM.Scot t;Esther
Lee;andRobertGabriel,for924Sq.FeetofPerman ent
Easementand1,412Sq.FeetofTemporaryEasement.PW
Project:BelairHillsSubdivisionImprovementProje ct.
(ApprovedbyEngineeringServicesCommitteeJune11 ,
2007)
Background:Theappraisedvalueoftheeasementis$483.00.Du etothe
owners'refusaltocooperatewithnegotiations,it isnecessary
topursuecondemnation.
Analysis:Condemnationisrequiredinordertoacquiretheea sement.
FinancialImpact:Thenecessarycostswillbecoveredbytheproject budget.
Alternatives:Denytheauthorizationtocondemn.
Recommendation:Approvetheauthorizationtocondemn.
Fundsare
Availableinthe
Following
Accounts:
G/L324-04-1110-54.11120J/L203824335-54.11120
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 39
Administrator.
ClerkofCommission
Cover Memo
Item # 39
Attachment number 1
Page 1 of 1
Item # 39
CommissionMeetingAgenda
6/19/20072:00PM
Condemnation-Pioneers,Inc.andDorothyDicks
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto authorizecondemnationofaportionofProperty#
051-0-240-00-03943BarrettStreet,whichisowned by
Pioneers,Inc.(5/6Interest)andDorothyDicks(1/6Interest),
for1,000Sq.FeetofTemporaryEasement.PWProje ct:
BelairHillsSubdivisionImprovementProject.(Approved
byEngineeringServicesCommitteeJune11,2007)
Background:Theappraisedvalueoftheeasementis$80.00.Due tothe
owners'refusaltocooperatewithnegotiations,it isnecessary
topursuecondemnation.
Analysis:Condemnationisrequiredinordertoacquiretheea sement.
FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget.
Alternatives:Denytheauthorizationtocondemn.
Recommendation:Approvetheauthorizationtocondemn.
Fundsare
Availableinthe
Following
Accounts:
G/L324-04-1110-54.11120J/L203824335-54.11120
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 40
Cover Memo
Item # 40
Attachment number 1
Page 1 of 1
Item # 40
CommissionMeetingAgenda
6/19/20072:00PM
Condemnation-Pioneers,Inc.,#79
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto authorizecondemnationofaportionofProperty#
051-0-079-00-01706OrangeAvenue,whichisownedb y
Pioneers,Inc.,for3,413Sq.FeetofPermanentEas ementand
2,296Sq.FeetofTemporaryEasement.PWProject:Belair
HillsSubdivisionImprovementProject.(Approvedby
EngineeringServicesCommitteeJune11,2007)
Background:Theappraisedvalueoftheeasementis$1,549.00.Duetothe
owner'srefusaltocooperatewithnegotiations,it isnecessary
topursuecondemnation.
Analysis:Condemnationisrequiredinordertoacquiretheea sement.
FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget.
Alternatives:Denytheauthorizationtocondemn.
Recommendation:Approvetheauthorizationtocondemn.
Fundsare
Availableinthe
Following
Accounts:
G/L234-04-1110-54.11120J/L203824335-54.11120
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 41
Cover Memo
Item # 41
Attachment number 1
Page 1 of 1
Item # 41
CommissionMeetingAgenda
6/19/20072:00PM
Condemnation-Pioneers,Inc.,#78
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto authorizecondemnationofaportionofProperty#
051-0-078-00-01708OrangeAvenue,whichisownedb y
Pioneers,Inc.,for2,539Sq.FeetofPermanentEas ement
and3,632Sq.FeetofTemporaryEasement.PWProjec t:
BelairHillsSubdivisionImprovementProject .(Approvedby
EngineeringServicesCommitteeJune11,2007)
Background:Theappraisedvalueoftheeasementis$1,307.00.Duetothe
owner'srefusaltocooperatewithnegotiations,it isnecessary
topursuecondemnation.
Analysis:Condemnationisrequiredinordertoacquiretheea sement.
FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget.
Alternatives:Denytheauthorizationtocondemn.
Recommendation:Approvetheauthorizationtocondemn.
Fundsare
Availableinthe
Following
Accounts:
G/L324-04-1110-54.11120J/L203824335-54.11120
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 42
Cover Memo
Item # 42
Attachment number 1
Page 1 of 1
Item # 42
CommissionMeetingAgenda
6/19/20072:00PM
Condemnation-RayburnKarlWhighamandMarjorieG.WhighamDesir
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto authorizecondemnationofaportionofProperty#
052-0-088-00-03920BarrettStreet,whichisowned by
RayburnKarlWhighamandMarjorieG.WhighamDesir,for
633Sq.FeetofPermanentEasementand663Sq.Feet of
TemporaryEasement.PWProject:BelairHillsSubdi vision
ImprovementProject .(ApprovedbyEngineeringServices
CommitteeJune11,2007)
Background:Theappraisedvalueoftheeasementis$306.00.Du eto
unsuccessfulnegotiationswiththeowners,itisne cessaryto
pursuecondemnation.
Analysis:Condemnationisrequiredinordertoacquiretheea sement.
FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget.
Alternatives:Denytheauthorizationtocondemn.
Recommendation:Approvetheauthorizationtocondemn.
Fundsare
Availableinthe
Following
Accounts:
G/L324-04-1110-54.11120J/L203824335-54.11120
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
Cover Memo
Item # 43
Cover Memo
Item # 43
Attachment number 1
Page 1 of 1
Item # 43
CommissionMeetingAgenda
6/19/20072:00PM
DowntownTrafficSignalandStreetlightUpgradeA
Department:EngineeringDepartment,AbieL.LadsonDirector
caption2:Motionto approveCapitalProjectBudgetChangeNumber
One(324-04-201824110)andSupplementalAgreementO ne
withURSCorporationintheamountof$580,737.58t o
providesubsurfaceutilityevaluationanddesignpl ansforthe
BroadStreetportionofthedowntowntrafficsignal and
streetlightupgradeproject.Fundsareavailablein SPLOST
PhaseIVintheprojectcontingencyaccount.(Approvedby
EngineeringServicesCommitteeJune11,2007)
Background:
ThisisaSPLOSTIVprojectforupgradeofthetra ffic
signalsandstreetlightsintheDowntownCentralBu siness
District.Bothofthesesystemsarebeyondtheirus efullives.
Moreover,curbrampsatseveralintersectionswillb e
requiredtobeinstalledorupgradedinordertoco mplywith
therequirementsoftheAmerican’swithDisabilitie sAct
(ADA).Theinfrastructureandequipmentsupportin gthe
BroadStreettrafficsignalsandstreetlightsarec urrentlyover
30yearsoldandbadlydeteriorated.TheexistingT RANSYT
1880signalcontrollersthatoperatethetrafficsi gnalsareno
longermanufacturedorsupportedbythemanufacture r.Our
abilitytorepairorfindreplacementequipmentis becoming
increasinglymoredifficultandatsomepointinth enear
futuremaybecomeimpossible.Theexistingwiring
supportingbothsystemsisfrayedinseveralareas,
substandardandunabletosupportupgradedlight
fixturesand/oramenitylighting.Theconduitfor thewiring
systemsiscrushedand/ordeterioratedinnumerous locations,
thusly,weareunabletoreplaceorupgradethewir ing
systemsutilizingexistinginfrastructure.Manyi ntersections
alongBroadStreetarenotcompliantwithcurrentA DA
standards.Someintersectionsdonotcurrentlyhave
wheelchairramps,whileotherswherewheelchairram psdo
existarenon-compliantduetoslopeorobstruction ssuchas
lightpolesinhibitingthepedestrianpath.URS wasselected
Cover Memo
Item # 44
in2003throughanRFQtodevelopadowntownmaster plan
andconceptualdesignfortrafficsignalandstreet light
upgradesintheAugustaCentralBusinessDistrict.PhaseIof
thiscontractiscomplete.Thisrequestrepresents theBroad
StreetportionsofPhasesIIthroughVofthecontr act,which
includessurveyandconstructionplans,andtheadd itionof
Phase0tothescope.UndertheadditionalPhase0,URSwill
providefundingsourceassistancebyidentifyingan d
assistingARCinobtainingfundsthroughapplicable federal
andstateprograms.
Analysis:URSenteredintoanagreementwithAugust-Richmond
CountyonJune20,2003forengineeringservices.T he
originalcontractallowedforcostsassociatedwith themaster
planandconceptdevelopment.Thecostsassociated with
developmentofconstructiondocuments(PhasesII-V),which
arerepresentedinthisrequest,wereleftonato-be-
determinedbasisatthattime.
FinancialImpact:URShasproposedatotalcostof$580,737.58($186,428for
sub-surfaceutilityinvestigation,$72,680forsurv ey,
$276,129.58forroadwaydesign,and$45,500forlig hting
systemdesign)andfundsareavailableinSPLOSTPh aseIV
projectcontingencyaccount.
Alternatives:1.ApproveCapitalProjectBudgetChangeNumberOne
(324-04-201824110)andSupplementalAgreementOnew ith
URSCorporationintheamountof$580,737.58topro vide
subsurfaceutilityevaluationanddesignplansfor theBroad
Streetportionofthedowntowntrafficsignalands treetlight
upgradeproject.FundsareavailableinSPLOSTPhas eIVin
theprojectcontingencyaccount.2.Donotapprove the
request.
Recommendation:ApproveAlternativeNumberOne.
Fundsare
Availableinthe
Following
Accounts:
324-041110-6011110/201824110-6011110
REVIEWEDANDAPPROVEDBY :
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Item # 44
Administrator.
ClerkofCommission
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Item # 44
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project be set up is authorized to CPB#324-04-201824110. This project is to
upgrade the traffic signal and street light infrastructure systems in the Broad Street Area.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase IV 300,000$
Special 1% Sales Tax, Phase IV 2,023,000$
2,323,000$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Varies $2,323,000 Varies $2,323,000
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of _____________________________.
Approved
__________________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
CPB#324-04-201824110
CAPITAL PROJECT BUDGET
DOWNTOWN TRAFFIC SIGNAL & STREETLIGHT UPGRADES - A
CHANGE NUMBER ONE
Attachment number 1
Page 1 of 2
Item # 44
Augusta-Richmond County, Georgia CPB#324-04-201824110
CAPITAL PROJECT BUDGET
DOWNTOWN TRAFFIC SIGNAL & STREETLIGHT UPGRADES - A
CHANGE NUMBER ONE
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SALES 1% SALES TAX
$2,023,000 $2,023,000
TOTAL SOURCES:$2,023,000 $2,023,000
USE OF FUNDS
ENGINEERING
324-04-1110-5212115-201824110 $298,000 $580,738 $878,738
CONTENGENCY
323-04-1110-6011110-201824110 $2,023,000 ($580,738) $1,442,262
ADVERTISEMENT $2,000 $2,000
TOTAL USES:$2,323,000 $0 $2,323,000
Attachment number 1
Page 2 of 2
Item # 44
(SA02 – For changes greater than $20,000) April 2005
AUGUSTA, GEORGIA
ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
Project No.: 324-04-201824110
SUPPLEMENTAL AGREEMENT NO.: 1
P.O.: 85641
WHEREAS, We, URS Corporation, Consultant, entered into a contract with Augusta-
Richmond County on March 18, 2003, for engineering design services associated with the
Downtown Traffic Signal & Streetlights Upgrades A, Project No. 324-04-201824110, File
Reference No. 07-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta, Georgia are not covered by
the scope of the original contract, we desire to submit the following Supplemental Agreement to-
wit:
Additional engineering services for the upgrade of the traffic signals
and streetlights in the Downtown Central Business District.
It is agreed that as a result of the above modification the contract amount is increased by
$580,737.58 from $117,400.00 to a new total of $698,137.58.
This agreement in no way modifies or changes the original contract of which it becomes a part,
except as specifically stated herein.
NOW, THEREFORE, We, URS Corporation., Consultant, hereby agree to said Supplemental
Agreement consisting of the above mentioned items and prices, and agree that this Supplemental
Agreement is hereby made a part of the original contract to be performed under the
specifications thereof, and that the original contract is in full force and effect, except insofar as it
might be modified by this Supplemental Agreement.
This 1st day of June, 2007.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA, GEORGIA
Deke Copenhaver, Mayor
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST: ATTEST:
Title: Title:
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CommissionMeetingAgenda
6/19/20072:00PM
GDOTRightofWayMowingandMaintenanceAgreement
Department:ClerkofCommission
caption2:MotiontoapproveGDOTRightofWayMowingand
MaintenanceAgreementforplantingsandbeautificat ionon
DougBarnardParkway.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
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CommissionMeetingAgenda
6/19/20072:00PM
HancockMillPlantationSectionTwo
Department:Engineering
caption2:Motionto approve thedeedsofdedication,maintenance
agreements,androadresolutionsubmittedbythe
Engineering,andAugustaUtilitiesDepartmentsfor Hancock
MillPlantation,SectionTwo.(ApprovedbyEngineering
ServicesCommitteeJune11,2007)
Background:ThefinalplatwasapprovedbytheCommissiononAp ril17,
2007.Thesubdivisiondesignandplat,includingt hestorm
drainsystem,havebeenreviewedandacceptedbyou r
engineeringstaffandtheconstructionhasbeenrev iewedby
ourinspectors.TheUtilitiesDepartmenthasins pectedand
reviewedthewaterandsanitarysewerinstallations ,and
herebyrequestsacceptanceoftheutilitydeedand
maintenanceagreementofsame.
Analysis:Thissectionmeetsallcodes,ordinancesandstanda rds.There
arenowetlandsor100-yearfloodplainboundaries involved
inthissection.Acceptanceofsaidutilitydeedsh alldedicate,
asrequired,thewaterandsanitarysewermainsalo ngwith
theapplicableeasementstoAugusta,Georgia,foro peration
andmaintenance.
FinancialImpact:Byacceptingthisroad,waterandsanitarysewerin stallations
intotheCountysystemandafterthe18-monthmaint enance
warrantybythedeveloper/contractorhasexpired,a llfuture
maintenanceandassociatedcostswillbebornebyA ugusta,
Georgia.Byacceptanceoftheutilitydeedandmain tenance
agreement,positiverevenuewillbegeneratedfrom thesale
ofwaterandsanitarysewertapsandmonthlybillin gofsame.
Alternatives:1.Approvethedeedsofdedication,maintenanceagr eements,
androadresolutionsubmittedbytheEngineering,a nd
AugustaUtilitiesDepartmentsforHancockMillPlan tation,
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Item # 46
SectionTwo2.Donotapproveandrisklitigation.
Recommendation:ApproveAlternativeNumberOne.
Fundsare
Availableinthe
Following
Accounts:
Notrequiredatthistime.
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
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CommissionMeetingAgenda
6/19/20072:00PM
MotiontoApproveProposalfromMidwestMaintenance Inc.toPerformExteriorRenovationsto
theMunicipalBuilding
Department:AdministrationviaCIPM
caption2:Motionto approveProposalfromMidwestMaintenance
Inc.,toExecuteExteriorRenovationstotheMunici pal
Building,includingre-roofing,resealingcladding and
replacementofexistingwindowsinaccordancewith RFP07-
125.(ApprovedbyEngineeringServicesCommitteeJune
11,2007)
Background:BidDocumentswereproducedbytheexteriorrenovat ions
consultant,StaffordConsultingEngineers.Workto be
performedincludesroofingreplacement,cladding
repairs/resealingandreplacementofsingle-glazed windows
withenergy-efficient,double-glazedwindowswithi nfrared
andultravioletfiltration.AlthoughthePre-Bid Conference
washeavily-attended,onlyasingleproposalwasre ceived.
Follow-upresearchwithpotentialbiddersindicates thatthe
necessaryworkrestrictionsassociatedwithanoper ating
courthousemayhavediscouragedparticipation.CIPM has
conductedareviewoftheproposal,checkedthecom pany
trackrecordandspokenwithreferences.
Analysis:Whilethereceiptofasingleproposalisofconcer n,CIPMis
oftheopinionthattheBidderhassubmittedareas onableand
reponsiblebid,consistentwithacompetitively-bidproject(in
expectationofcompetingbids).Followingreviewof the
Respondents’pastprojectsandtheirreferences,CI PMfinds
thecompanyandtheirProposaltobeacceptable.Th eamount
ofthebidisapproximately10%lessthanthebudge ted
amountfortheWork.
FinancialImpact:TheBidamountis$2,267,650.00
Alternatives:Re-bidtheproject.
Cover Memo
Item # 47
Recommendation:AuthorizeCIPMtonegotiateafinalcontractwithM idwest
Maintenance,Inc.,consistentwithRFP07-125andt heir
proposaltorenovatetheexterioroftheMunicipal Building.
Theworkisurgentlyneeded,thecontactorisexper ienced,
hasprovidedgoodreferences,hasalocalofficean dtheirbid
iswithinbudget.
Fundsare
Availableinthe
Following
Accounts:
Fundsareavailableinaccount323-04-6211;2960500 50
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
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CommissionMeetingAgenda
6/19/20072:00PM
OptionforEasement-ATCDevelopmentCorp.
Department:CountyAttorney-StephenE.Shepard,Attorney
caption2:Motionto approve anOptionforEasementbetweenATC
DevelopmentCorp.,asowner,andAugusta,Georgia,as
optionee,inconnectionwiththe60112Rae'sCreek Trunk
SewerReplacement,PhaseIVforthefollowing:(Approved
byEngineeringServicesCommitteeJune11,2007)
PIN031-4-120-00-0:6,203sq.ft.,moreorless,o f
permanentutility,accessandmaintenanceeasementa nd
5,624sq.ft.,moreorless,oftemporaryconstruct ion
easement;and
PIN031-4-121-00-0:374sq.ft.,moreorless,of permanent
utility,accessandmaintenanceeasementand1,238s q.ft.,
moreorless,oftemporaryconstructioneasement;a nd
PIN031-4-128-00-0:6,077sq.ft.,moreorless,o f
permanentutility,accessandmaintenanceeasementa nd
5,529sq.ft.,moreorless,oftemporaryconstruct ion
easement;and
PIN031-4-129-00-0:1,213sq.ft.,moreorless,o f
permanentutility,accessandmaintenanceeasementa nd972
sq.ft.,moreorless,oftemporaryconstructionea sement;and
PIN031-4-130-00-0:9,353sq.ft.,moreorless,
ofpermanentutility,accessandmaintenanceeaseme ntand
8,140sq.ft.,moreorless,oftemporarycostructi on
easement;
foratotalpurchasepriceof$27,521.00.
Background:Thepropertyownerhasagreedtoconveythepermane ntand
temporaryeasementstoAugusta,GeorgiafortheRae 'sCreek
Project.
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Item # 48
Analysis:Thepurchaseofthereferencedeasementsisnecessa ryforthe
project.
FinancialImpact:Thepurchaseofthereferencedeasementsforsaidp roject
willnotaffectthebudget.
Alternatives:Denytherequesttoapprovethepurchaseoftheref erenced
easementsforsaidproject.
Recommendation:Approvethepurchaseofthereferencedeasementsfo rthe
project.
Fundsare
Availableinthe
Following
Accounts:
510043420-541112080260112-5411120
REVIEWEDANDAPPROVEDBY :
Administrator.
ClerkofCommission
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CommissionMeetingAgenda
6/19/20072:00PM
WrightsboroRdImprovementsSA#5
Department:AbieL.Ladson,P.E.,DirectorEngineeringDepartme nt
caption2:Motionto approveSupplementalAgreementNumberFive
(5)withPBS&Jintheamountof$77,000forevalu ationof
potentialsourcesofcontaminationassociatedwith
undergroundstoragetanksandhazardouswastesites
concerningtheWrightsboroRoadImprovementsfrom
JimmieDyessParkwaytoI-520,CPB#323-04-29682330 9.
FundswillbetransferredfromtheProjectRightof Way
AccounttotheProjectEngineeringAccount.(Approvedby
EngineeringServicesCommitteeJune11,2007)
Background:ThisGeorgiaDepartmentofTransportation(GDOT)pr oject
willwiden/reconstructWrightsboroRoadfromJimmie
DyessParkwaytoI-520.AugustaEngineeringDepartm entis
responsiblefordevelopmentofthePreliminaryEngi neering
activitiesandhiredPBS&J,Inc.toaccomplishth ese
activities.
Analysis:PBS&JenteredintoanagreementwithAugusta-Rich mond
CountyonOctober19,1999forengineeringdesigns ervices.
Theoriginalcontractdidnotaddressresponsibilit yforthe
surveyingandtestingofundergroundstorage
tanks/hazardouswastesitesforevaluationofpoten tial
sourcesofcontaminationwithintheprojectlimits.On
September25,2006,GDOTadvisedthatthisresponsib ility
belongtotheEngineeringDepartment.GDOThasagre edto
fundandacquiretherightofwayonthisprojectt hatfreesup
$707,807thathadbeenprogrammedintheprojectRi ghtof
Wayaccount.Thisamountwillbetransferredfromt he
ProjectRightofWayaccounttotheProjectEnginee ring
Account
FinancialImpact:
PBS&Jhasproposedatotalcostof$77,000toide ntifythe
sites,dothefieldtests,analysisanddocumentati onoftheir
Cover Memo
Item # 49
findings.FundsareavailableintheprojectRight ofWay
accountandwillbetransferredtotheProjectEngi neering
Account.
Alternatives:1)ApproveSupplementalAgreementNumberFive(5)w ith
PBS&Jintheamountof$77,000forevaluationof potential
sourcesofcontaminationassociatedwithundergroun d
storagetanksandhazardouswastesitesconcerningt he
WrightsboroRoadImprovementsfromJimmieDyess
ParkwaytoI-520,CPB#323-04-296823309.Fundswill be
transferredfromtheProjectRightofWayAccountt othe
ProjectEngineeringAccount.2)Donotapprovethe request
anddelaytheprojectdevelopmentactivitiesonthi s
transportationcorridorthatisvitaltoAugusta.
Recommendation:ApproveAlternativeNumberOne.
Fundsare
Availableinthe
Following
Accounts:
323-041110-5411120296823309-5411120
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
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Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby amended:
Section 1: The project change is authorized to CPB# 323-04-296823309.
This change is for the additional funds necessary for Engineering Services
associated with the said project, in the total amount of $77,000 to be
funded by the project Right-of-Way account within the Special 1%
Sales Tax, Phase III Fund.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase III 1,984,000$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Raes Creek $1,984,000 3rd 1,984,000$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
CPB#323-04-296823309
CAPITAL PROJECT BUDGET
WRIGHTSBORO ROAD IMPROVEMENTS
CHANGE NUMBER SIX
Attachment number 2
Page 1 of 2
Item # 49
Augusta-Richmond County, Georgia CPB#323-04-296823309
CAPITAL PROJECT BUDGET
WRIGHTSBORO ROAD IMPROVEMENTS
CHANGE NUMBER SIX
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPECIAL 1% SALES TAX, PHASE III
323-04-0000-0000000-296823309 ($1,984,000) $0 ($1,984,000)
TOTAL SOURCES: ($1,984,000) $0 ($1,984,000)
USE OF FUNDS
ENGINEERING
323-04-1110-5212115-296823309 $792,193 $77,000 $869,193
RIGHT-OF-WAY
323-04-1110-5411120/296823309 $707,807 ($77,000)$630,807
CONTINGENCY
323-04-1110-6011110/296823309 $44,000 $0 $44,000
TRAFFIC SIGNAL
323-04-1110-5414610/296823309 $40,000 $0 $40,000
UTILITY RELOCATION
323-04-1110-5414510/296823309 $400,000 $0 $400,000
$0
TOTAL USES: $1,984,000 $0 $1,984,000
Attachment number 2
Page 2 of 2
Item # 49
CommissionMeetingAgenda
6/19/20072:00PM
Minutes
Department:ClerkofCommission
caption2:Motiontoapprovetheminutesoftheregularmeetin gofthe
AugustaCommissionheldJune5,2007.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 50
CommissionMeetingAgenda
6/19/20072:00PM
1945RichmondEmployeesPensionFundActAmendedan dRestated
Department:CountyAttorney
caption2:Anordinancetoamendandrestatethe1945Richmond
EmployeesPensionFundActandanyamendmentsthere after
tocomplywiththeInternalRevenueServiceLawsan d
Regulations;torepealallordinancesorpartsoro rdinancesin
conflictwiththisordinance.
Background:TheAugusta-RichmondCountyCommission,approvedth e
restatementofthe“1945RichmondEmployeesPension
Fund”effectiveJanuary1,1984,soastoconformt hePlan
withrelevantprovisionsofFederalLawstoinclude TheTax
EquityandFiscalResponsibilityActof1982,theD eficit
ReductionActof1984,theRetirementEquityActof 1984,
theTaxReformActof1986,theOmnibusBudget
ReconciliationActof1986,TheOmnibusReconciliat ionAct
of1987,theTechnicalandMiscellaneousRevenueAc tof
1988,theOmnibusBudgetReconciliationActof1989 and
otherapplicablelaws.Ithasbeenreviewedbythe
Employees'BenefitsCounselandsubmittedtotheIn ternal
RevenueService.TheCityhasreceivedafavorable
determinationletteronitssubmissionprovidedthe pension
fundplanisre-adoptedincludingapprovedamendmen tsto
reflectchangesinthetaxlaws.Thechangeswerem adeby
theCounsel.Theauthoritytoamendtheoriginallo calAct
havingbeengrantedbyO.C.G.A.Section36-35-3,
providingforhomerulebymunicipalitiesandthe
ConstitutionoftheStateofGeorgiaprovidingfor homerule
bycounties.ThePlancoversemployeeshiredonor before
September30,1975,meaningnoonehiredafterthat dateis
eligibletoparticipateinthePlan.
Analysis:ItisnecessaryfortheAugusta-RichmondCounty
Commissiontoadopttheattachedamendedandrestat edAct
fortaxpurposes.
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FinancialImpact:N/A
Alternatives:None
Recommendation:Amendandrestateasproposedthe1945“Richmond
EmployeesPensionFund”whichincludesanyandall
amendmentsnecessary,inopinionofCounsel,tocom ply
withtheInternalRevenueServiceLawsandRegulati ons.
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
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LEGAL_US_E # 70724062.5
DRAFT (11/21/2006)
ORDINANCE NO. ______________
AN ORDINANCE TO AMEND AND RESTATE ORDINANCE NUMBER 6657,
THE RICHMOND EMPLOYEES PENSION FUND ; ADOPTED
____________________; TO PROVIDE FOR SEVERABILITY; TO REPEAL
CONFLICTING ORDINANCES AND FOR OTHER PURPOSES
RICHMOND EMPLOYEES PENSION FUND
As Amended and Restated Effective January 1, 1984
(Except as Otherwise Provided Herein)
Attachment number 1
Page 1 of 41
Item # 51
TABLE OF CONTENTS
PAGE
LEGAL_US_E # 70724062.5
INTRODUCTION..........................................................................................................................1
SECTION 1 DEFINITIONS.................................................................................................3
1.01 Accrued Benefit......................................................................................................3
1.02 Actuarial Equivalent...............................................................................................3
1.03 Average Earnings...................................................................................................3
1.04 Beneficiary.............................................................................................................3
1.05 Code .......................................................................................................................3
1.06 Commission............................................................................................................4
1.07 Contributions..........................................................................................................4
1.08 Credited Service.....................................................................................................4
1.09 Earnings..................................................................................................................5
1.10 Effective Date.........................................................................................................6
1.11 Employee................................................................................................................6
1.12 Employer or County...............................................................................................6
1.13 Fund........................................................................................................................6
1.14 Interest....................................................................................................................6
1.15 Joint Annuitant. ....................................................................................................6
1.16 Participant...............................................................................................................7
1.17 Payee......................................................................................................................7
1.18 Plan.........................................................................................................................7
1.19 Plan Year................................................................................................................7
1.20 Total and Permanent Disability..............................................................................7
1.21 Trust Agreement or Trust.......................................................................................7
1.22 Trustee....................................................................................................................8
1.23 Vested Percentage..................................................................................................8
SECTION 2 ELIGIBILITY AND PARTICIPATION .........................................................8
2.01 Eligibility. .............................................................................................................8
2.02 Probationary Period................................................................................................8
2.03 Special Rules for Pre-1997.....................................................................................8
SECTION 3 RETIREMENT DATES AND BENEFITS.....................................................8
3.01 Normal Retirement. ..............................................................................................8
3.02 Early Retirement. .................................................................................................9
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Page 2 of 41
Item # 51
LEGAL_US_E # 70724062.5 ii
3.03 Disability Retirement. ..........................................................................................9
3.04 Delayed Retirement. ...........................................................................................11
3.05 Termination of Employment................................................................................11
3.06 Cost-of-Living Adjustment of Benefits................................................................12
3.07 Required Distribution Rules Effective January 1, 1987 Through December
31, 2002................................................................................................................13
3.08 Required Distribution Rules Effective January 1, 2003.......................................15
3.09 Code Section 415 Limit........................................................................................19
3.10 Enhanced Early Retirement for 1996. ................................................................22
3.11 Special Unreduced Early Retirement. ................................................................22
3.12 Rollover Distributions. .......................................................................................23
3.13 Supplemental Retirement Benefits.......................................................................24
3.14 Past Increases .......................................................................................................24
3.15 Benefits Payable to Surviving Spouses................................................................25
SECTION 4 DEATH BENEFITS.......................................................................................25
4.01 Death Prior to Retirement. ...................................................................................25
4.02 Death After Retirement........................................................................................26
4.03 Adjusted Benefit. ................................................................................................26
4.04 Designation of Beneficiaries................................................................................26
SECTION 5 CONTRIBUTIONS........................................................................................27
5.01 County Contributions...........................................................................................27
5.02 Participant Contributions. ...................................................................................27
SECTION 6 ADMINISTRATION OF PLAN....................................................................28
6.01 Administration......................................................................................................28
SECTION 7 TRUST FUND AND TRUSTEES.................................................................29
7.01 Trust Fund............................................................................................................29
7.02 Amendment of Trust. .........................................................................................30
7.03 Discontinuance of Trust and Vesting. ................................................................30
7.04 Powers of the Commission...................................................................................30
7.05 Investment of Fund. ............................................................................................31
7.06 Taxation. .............................................................................................................32
7.07 Resignation of Trustee. ......................................................................................32
7.08 Successor Trustees. ............................................................................................32
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7.09 Disbursements. ...................................................................................................32
SECTION 8 AMENDMENT AND TERMINATION .......................................................32
8.01 Amendment of the Plan. .....................................................................................32
8.02 Termination of the Plan. .....................................................................................33
SECTION 9 MISCELLANEOUS.......................................................................................34
9.01 Headings. ............................................................................................................34
9.02 Construction.........................................................................................................34
9.03 Nonalienation. ....................................................................................................35
9.04 Legally Incompetent. ...........................................................................................35
9.05 Benefits Supported Only By Fund. ....................................................................35
9.06 Discrimination......................................................................................................35
9.07 Limitation of Liability; Legal Actions. ..............................................................35
9.08 Claims. ................................................................................................................36
9.09 Forfeitures. .........................................................................................................36
9.10 Maximum of One Benefit at a Time. .................................................................36
9.11 Applications. ......................................................................................................36
9.12 Report of Treasurer. ...........................................................................................36
9.13 Consequence of Plan Violation. .........................................................................36
Attachment number 1
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LEGAL_US_E # 70724062.5 1
RICHMOND EMPLOYEES PENSION FUND
INTRODUCTION
Effective March 1, 1945, the Board of Commissioners of Richmond County established the
“Richmond Employees Pension Fund”, hereinafter referred to as the Plan. The Plan covers
Employees hired on or before September 30, 1975, meaning no one hired after that date is
eligible to participate in the Plan.
On ___________ ___, 2006, the Augusta-Richmond County Commission, as successor to the
Richmond County Board of Commissioners, approved this restatement of the Plan effective
January 1, 1984 (except as otherwise provided herein) so as to conform the Plan with relevant
provisions of the following federal laws: the Tax Equity and Fiscal Responsibility Act of 1982
(“TEFRA”), the Deficit Reduction Act of 1984 (“DEFRA”), the Retirement Equity Act of 1984
(“REA”), the Tax Reform Act of 1986, the Omnibus Budget Reconciliation Act of 1986, the
Omnibus Budget Reconciliation Act of 1987, the Technical and Miscellaneous Revenue Act of
1988, the Omnibus Budget Reconciliation Act of 1989, the Omnibus Budget Reconciliation Act
of 1990 (collectively referred to as “TRA’86”), the Unemployment Compensation Amendments
of 1992 (“UCA’92”), the Omnibus Budget Reconciliation Act of 1993 (“OBRA’93”), the
Uruguay Round Agreements Act (“GATT”), the Uniformed Services Employment and
Reemployment Rights Act of 1994 (“USERRA”), the Small Business Job Protection Act of 1996
(“SBJPA”), the Taxpayer Protection Act of 1997 (“TRA’97”), the Internal Revenue Service
Restructuring and Reform Act of 1998 (“RRA’98”), and the Community Renewal Tax Relief
Act of 2000 (“CRA” and together with GATT, USERRA, SBJPA, TRA ’97, and RRA ’98 are
referred to as “GUST”) and certain provisions of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (“EGTRRA”), with such EGTRRA amendments being made as good
faith compliance with the requirements of EGTRRA, to be construed in accordance with
EGTRRA and guidance issued thereunder.
It is the County’s intention to fully honor all benefits and rights that Plan Participants have
accrued under the Plan prior to this restatement. The Plan shall be administered and construed
accordingly, and the Plan’s administrator shall construe and interpret every provision of the
Plan’s restatement in a manner that preserves each Plan Participant’s benefits or rights that
accrued prior to ___________ ___, 2006. Nevertheless, any Participant whom the Commission
does not classify as an Employee on or after January 1, 2006 shall have his benefits and rights
determined under the provisions of the Plan that were in effect when the Commission last
classified him or her as an Employee.
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Specifically, the restated Plan honors the following pre-2006 Plan provisions in the following
manner:
Plan Provision Prior Sections, per
Relevant Ordinances
Plan Section (as Adopted in
2006)
Continued Participation for those
employed on 9/30/1975
4 2.01
Funding: Creation and Administration 5 7
Plan Administration 6 6
Benefit Payments 7 7.09
County Contribution 8 5.01
Employee Contributions 9 5.02
Funding Adjustments per Actuary 10 5.01
Levying of Taxes 11 7.06
Fund Assets not County Property 12 7.01(a)
Uniform Administration 13 9.06
Normal Retirement Benefits 14-(b) 3.01
Early Retirement Benefits 14-(b) 3.02
Delayed Retirement Benefits 14-(b) 3.04
Calculation of Benefits and Credited
Service
14-(b); Paragraph IV 3.05
Cost of Living Adjustments 14-(b); Paragraph V 3.06
Enhanced Early Retirement Benefits 14.1 3.10
Age 35 limit on participation 15 Superseded and inapplicable
Special Unreduced Early Retirement
(20+ years)
16 3.11
Age 65 retirement 17 Incorporated into 3.01
Disability Retirement Benefits 18 3.03
Disability if 12+ years of service 19 3.03(a)
(see parentheses)
Past Increases to be honored 20 3.14
Return of Employee Contributions 20(A) 5.02(c)
Cost of Living Adjustments 20(A) 3.06
Survivorship Benefit 21 4.01(a)
Reemployment 22 1.08 (d)
Honor Past Provisions 23 Introduction
Surviving Spouse Benefits; Benefits
for Widows of Employees Killed in
Line of Duty
24(A); 24(B); and 24-C 4.02; and 4.01(b)
The Plan will be administered by the Commission as described in Section 6. All benefits to be
provided under the Plan will be funded under a trust established in accordance with Section 7.
None of the retirement provisions of the Plan shall be construed to repeal or in any manner
interfere with the Acts of the Extra Session of Georgia Laws, 1937-1938, pages 875-880,
inclusive, designated “Richmond Officers and Employees Act” and amendments thereof; or
hereafter made, provided, this Plan shall not be construed to include within the Plan any
employee not heretofore covered by the “Richmond Officers and Employees Act.”
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SECTION 1
DEFINITIONS
As used herein, unless otherwise defined or required by the context, the following words and
phrases shall have the meanings indicated:
1.01 Accrued Benefit. The retirement benefit which the Participant has earned as of the date
of determination, calculated under Subsection 3.01(b) on the basis of his Average
Earnings and Credited Service, which is payable as of his Normal Retirement Date in the
form of a life annuity, with a guarantee of the refund of Employee Contributions with
Interest for the Participant who dies before receiving an amount of benefit payments that
at least equal his Employee Contributions with interest.
1.02 Actuarial Equivalent.
(a) A benefit of equal value computed on the basis of (a) the 1971 Group Annuity
Mortality Table, and (b) interest at 6% compounded annually for forms of
payment other than lump sum; the interest rate used to determine the equivalent
lump sum value of monthly benefits will be in the PBGC schedule of immediate
and graded deferred rates in effect on the first day of the Plan Year in which the
benefit is calculated.
(b) Effective January 1, 1995, the table referenced in clause (i) of subsection (a) shall
be a mortality table based on a fixed blend of 50% of the male mortality rates and
50% the female mortality rates from the 83 GAM table, 83 GAM Unisex, as
provided under Revenue Ruling 95-6.
(c) Effective with respect to annuity starting dates on or after December 31, 2002, the
table referenced in clause (i) of subsection (a) shall be a mortality table based
upon a fixed blend of 50% of the unloaded male mortality rates and 50% of the
unloaded female mortality rates underlying the mortality rates in the 1994 Group
Annuity Reserving Table, projected to 2002, 94 GAR, as provided under Revenue
Ruling 2001-62.
1.03 Average Earnings. The monthly average of a Participant’s Earnings for the five (5)
consecutive calendar years immediately preceding the earlier to occur of: (a) the date on
which the Participant’s employment with the County terminates for any reason or (b) the
Participant’s actual retirement date. Average Earnings shall be determined by dividing
the total Earnings received by the Participant during the appropriate five-year period, or
lesser number of years if applicable, by the number of months for which he or she
received earnings in such periods.
1.04 Beneficiary. The person(s) designated by the Participant in accordance with Section 4.04
who is entitled to receive benefits at the death of a Participant under Section 3 or 4.
1.05 Code. The Internal Revenue Code of 1986 as amended from time to time, and
regulations or rulings issued thereunder.
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1.06 Commission. Augusta-Richmond County Commission, as successor to the Richmond
County Board of Commissioners, which shall act in the dual capacity of administrator of
the Plan and Trustee of the Fund.
1.07 Contributions. The payments made by the Participants to the Fund in accordance with
Section 5.
1.08 Credited Service.
(a) The number of years of uninterrupted and continuous employment (completed
months expressed as a fractional year) of the Employee with the Employer from
(a) the date he last entered the employment of the Employer, to (b) the earlier of
his date of termination of employment for any reason or his actual retirement date.
(b) Credited Service will not be interrupted by:
(1) vacation, or approved leave of absence authorized by the Employer in
accordance with a uniform policy applied on a nondiscriminatory basis to
all Employees similarly situated;
(2) voluntary or involuntary service in the Armed Forces of the United States,
provided the Employee retains statutory reemployment rights under
applicable state or federal law, and resumes employment after his
honorable discharge from military duty within the time required by such
law;
(3) reelection or reappointment at the end of a term; or
(4) periods during which the Employee incurs a Total and Permanent
Disability within the meaning of Section 3.03, provided that he recovers
from a Total and Permanent Disability and is reemployed by the Employer
as required under Section 3.03(e) or 3.03(f).
(c) For benefit purposes, no Participant will receive any credit for any period of
inactive employment. For vesting purposes, an Employee who has one or more
breaks in employment will receive credit only from his most recent date of
reemployment.
(d) Notwithstanding anything in this Section to the contrary, any Participant who
before retirement, voluntarily separates from his employment as provided for in
this Act, or is discharged, or his office or position abolished, as provided by the
"Richmond Officers and Employees Act" appearing in Georgia Laws, Extra
Session 1937-1938, pages 875-880, inclusive, as amended or hereafter amended,
or is discharged by an elective officer of Richmond County under whom he is
employed, and is thereafter re-employed as an Employee, upon the presentation to
the Commission of a certificate from the County Physician of Richmond County,
certifying that such Employee is in good health and able to perform actively the
duties of his employment, his services prior to such separation or discharge shall
be counted in his length of continuous permanent employment after being so
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re-employed, provided he shall pay back into the Fund, by paying the Treasurer,
within twelve months of filing such certificate with the Commission, the amount
refunded to such Participant by reason of such separation or discharge.
(e) Effective December 12, 1994, notwithstanding anything in the Plan to the
contrary, contributions, benefits, and service credit with respect to qualified
military service shall be provided in accordance with Section 414(u) of the Code.
1.09 Earnings.
(a) The total salary, wages, or remuneration paid to the Participant by the Employer
during any Plan Year. Effective as of January 1, 1998, the term “Earnings” shall
also include any elective deferral (within the meaning of Code Section 402(g)(3))
and any amounts that are deferred by the Employer at the election of the
Employee that are not included in the Employee’s gross income pursuant to Code
Section 125 or 457. Effective January 1, 2001, Earnings shall also include
elective amounts that are not includable in the Employee’s gross income by
reason of Code Section 132(f)(4). With respect to Plan Years from January 1,
1989 through December 31, 1996, the rules of Code Section 414(q)(6) shall apply
in determining a Participant’s Earnings, except that the term “family” includes
only the Participant’s spouse and any lineal descendants who have not attained
age 19 before the end of the Plan Year.
(b) Effective January 1, 2006, a Participant’s Earnings shall be disregarded to the
extent such Earnings exceed $220,000, as such amount may be adjusted from time
to time for increases in the cost of living in accordance with the Code and
regulations thereunder. With respect to Plan Years from January 1, 2005 through
December 31, 2005, “$220,000” in the first sentence of this subsection (b) shall
be replaced with “$210,000”. With respect to Plan Years from January 1, 2004
through December 31, 2004, “$220,000” in the first sentence of this subsection
(b) shall be replaced with “$205,000”. With respect to Plan Years from January
1, 2002 through December 31, 2003, “$220,000” in the first sentence of this
subsection (b) shall be replaced with “$200,000”. With respect to Plan Years
from January 1, 2001 through December 31, 2001, “$220,000” in the first
sentence of this subsection (b) shall be replaced with “$170,000”. With respect to
Plan Years from January 1, 1994 through December 31, 2000, “$220,000” in the
first sentence of this subsection (b) shall be replaced with “$150,000”. With
respect to Plan Years from January 1, 1989 through December 31, 1993,
“$220,000” in the first sentence of this Section 1.14(b) shall be replaced with
“$200,000”. With respect to Plan Years from January 1, 1976 through December
31, 1983, “$220,000” in the first sentence of this subsection (b) shall be replaced
with “$100,000”.
(c) Notwithstanding anything in this Section 1.09 to the contrary, benefits for any
retired County Attorney who retired under this Plan prior to October 1, 1975 shall
be computed as if the Earnings for such County Attorney of Richmond County,
Georgia is $20,000 per annum, notwithstanding what amount he County incurred
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or spent per annum for legal services, and the benefits shall be computed from
January 1, 1973.
1.10 Effective Date. For purposes of this Plan as restated, except as otherwise set forth herein,
the “Effective Date” shall be January 1, 1984. The Plan was originally established
effective March 1, 1945.
1.11 Employee. Any employee, officer, appointee or electee of the Commission as now
constituted or hereafter constituted, and any employee, officer, appointee under any
official of the County as now constituted or hereafter constituted, by excluding:
(a) any person for whom the County makes contributions directly to another
retirement system or pension fund, including the Social Security retirement
system;
(b) any person whose customary employment is for less than thirty hours a week or
an aggregate of less than six months in any calendar year;
(c) employees of the Richmond County Department of Health and Department of
Family and Children's Services of Richmond County;
(d) the County Agent, County Home Demonstration Agent and the employees
thereof;
(e) officers elected by vote of the electorate;
(f) the employees, officers, appointees and electees of the Department of Public
Welfare of Richmond County,
(g) the employees, officers, appointees and electees of the Richmond County Board
of Health; and
(h) the County Agent and County Home Demonstration Agent of Richmond County;
1.12 Employer or County. Augusta-Richmond County, as successor by consolidation to The
City Council of Augusta and Richmond County, created by 1995 Ga. Laws p. 3648, as
amended.
1.13 Fund. The Richmond County Pension Fund trust fund created in accordance with the
Plan and Trust.
1.14 Interest. Interest credited on Contributions from the January 1 next following the date of
which such Contributions are made to the earlier of: (a) the date of the Participant’s
termination of employment for any reason and (b) the Participant’s Normal Retirement
Date, with such interest compounded annually at the rate of 5% per annum.
1.15 Joint Annuitant. The person designated by the Participant to receive payments after the
death of the Participant as provided in accordance with Section 3.
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1.16 Participant. An Employee who is eligible to participate in the Plan as provided in Section
2.
1.17 Payee. The Beneficiary or Joint Annuitant designated by the Participant in accordance
with Section 1.04 or 1.15 to receive benefits under the Plan after his death.
1.18 Plan. The Richmond Employees Pension Fund as contained herein, all amendments
thereto which may hereafter be made, and any existing acts of the General Assembly of
Georgia pertaining to the Richmond Employees Pension Fund. The Plan shall include the
Trust as hereinafter defined.
1.19 Plan Year. The twelve month period ending December 31 of each year.
1.20 Total and Permanent Disability. The Commission shall determine whether a Participant
shall be considered Totally and Permanently Disabled and the Commission shall declare
in its findings whether or not such disability is permanent and total. The Commission
shall base its determination as to whether a Participant is Totally and Permanently
Disabled on whether the Participant is not able, on account of disability received in the
discharge of his duties, to adequately discharge the duties of his job or office, nor ever
will be; provided that no Participant shall be declared to be Totally and Permanently
Disabled to discharge the duties of his job or office, except upon the recommendation of
three (3) reputable physicians, after examination, who shall consider the case and make
their findings. One of the physicians shall be selected by the Commission, one by the
Participant, and these two shall select the third. The recommendation of the physicians
shall state that they "find the Participant totally and permanently disabled from
performing the duties of his job or office” and or that they “do not find the Participant
totally and permanently disabled from performing the duties of his job or office” and the
majority report of the physicians shall govern. Should the report of the physicians state
that they “find the Participant totally and permanently disabled from performing the
duties of his job or office”, then the Employee shall be declared Totally and Permanently
Disabled, and entitled to receive the benefit is provided in Section 3.03, and his right to
receive the benefits shall date back to the time of injury.
If, after the Employee is declared Totally and Permanently Disabled, he desires to accept
other employment offered him by the Commission, with the County or under a County-
elected official, and he is also able to perform such employment, as such duties, he shall
be paid at least as much as he would receive from his pension but shall not receive a
pension. If, after the Employee has accepted such new employment, he wishes to leave
such employment for any reason fit he may be returned immediately to the pension list at
the sum that he was retired on, and the Commission may strike him from the payroll and
return him to the pension list at any time it sees fit.
Notwithstanding anything in this Section to the contrary, whether a Participant is Totally
and Permanently Disabled shall be subject to the exclusions set forth in Section 3.03.
1.21 Trust Agreement or Trust. The agreement of trust between the Commission, in its
capacity as the governing body of the Employer and the Commission, in its capacity as
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Trustee, which shall govern the continuation and maintenance of the trust fund, and all
amendments thereto.
1.22 Trustee. The Commission in its capacity as trustee.
1.23 Vested Percentage. Vested Percentage will be determined in accordance with Section
3.05.
SECTION 2
ELIGIBILITY AND PARTICIPATION
2.01 Eligibility. Each Employee on September 30, 1975, who was a Participant in the Plan as
of such date shall continue to participate in the Plan in accordance with the provisions
hereof. No Employees hired after September 30, 1975 shall be eligible to become a
Participant in this Plan.
2.02 Probationary Period. The probationary period is hereby fixed at one (1) year of
continuous employment either before or after October 1, 1975, or total continuous
employment for one (1) year, part of which is prior to October 1, 1975 and part of which
is after October 1, 1975.
2.03 Special Rules for Pre-1997. Each Participant whom the Commission has not classified as
an Employee on or after January 1, 1997, shall have his rights under the Plan determined
in accordance with such terms of the Plan in effect on the last day of such classification
as an Employee.
SECTION 3
RETIREMENT DATES AND BENEFITS
3.01 Normal Retirement. Normal retirement under the Plan is retirement from the employ of
the County on the Normal Retirement Date. In the event of normal retirement, payment
of the retirement benefit shall be governed by the following provisions of this Section.
(a) Normal Retirement Date. The Normal Retirement Date of a Participant shall be
the first day of the month coincident with or next following the date he reaches
age sixty (60).
(b) Amount of Retirement Benefit. The monthly retirement benefit payable to a
Participant who retires on his Normal Retirement Date shall be an amount equal
to 2% of the Participant’s Average Earnings multiplied by the number of years of
Credited Service up to a maximum of sixty percent (60%) of the Average
Earnings. However, notwithstanding anything in the Plan to the contrary, a
Participant will not receive any benefits under the Plan if the Commission in its
sole discretion determines that the Participant was involuntarily separated from
service with the County due to the Participant’s commission of any one or more
of the following:
(1) willful misconduct
(2) self inflicted injury
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(3) attempt to injure another person
(4) intoxication
(5) a crime under any state or federal law
(c) Payment of Retirement Benefit. The retirement benefit payable in the event of
normal retirement shall be payable on the first day of each month. The first
payment shall be made on the Participant’s Normal Retirement Date and the last
payment shall be the payment due next preceding his date of death, subject to
Section 4.02.
3.02 Early Retirement. Early retirement under the Plan is retirement from the employ of the
County prior to the Normal Retirement Date. Early retirement shall be authorized only in
the event that the Participant shall have both attained age 50 and completed at least 15
years of Credited Service. In the event of early retirement under these conditions,
payment of the retirement benefit shall be governed by the following provisions of this
Section. Notwithstanding the foregoing, if a Participant receives special early retirement
benefits under Section 3.09 or 3.10, the Participant shall be ineligible for benefits under
Section 3.02.
(a) Early Retirement Date. The Early Retirement Date of a Participant shall be the
first day of the month coincident with or next following the date he retires from
the employ of the County under the provision of this Section.
(b) Amount of Retirement Benefit. A Participant at retirement on his Early
Retirement Date shall at his option receive either:
(1) a deferred monthly retirement benefit commencing on his Normal
Retirement Date, provided he is then alive, equal to an amount computed
in the same manner as for normal retirement in accordance with Section
3.01(b), but based on Credited Service and Average Earnings as of his
Early Retirement Date; or
(2) an immediate monthly retirement commencing on his Early Retirement
Date equal to the benefit determined in Section 3.02(b) above, reduced by
5/12% for each complete month by which the Early Retirement Date of a
Participant precedes his Normal Retirement Date.
(c) Payment of Retirement Benefit: The monthly retirement benefit payable in the
event of early retirement shall be payable on the first day of each month. The first
payment shall be made on the optional date elected by the Participant under
Section 3.02(b) above and the last payment shall be the payment due next
preceding his date of death, subject to Section 4.02.
(d) Effective Date. This Section 3.02 is effective as of December 11, 1984.
3.03 Disability Retirement. A Participant may retire under the Plan if he becomes Totally and
Permanently Disabled from a cause arising out of and in the course of employment
whether the Total and Permanent Disability is caused by injury or illness; and provided
Attachment number 1
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that he has, prior to his Total and Permanent Disability, continuously, actively performed
the duties of his employment for at least one year as of March 1, 1945.
(a) Notwithstanding anything in this Section to the contrary, a Participant shall not be
entitled to receive any disability retirement benefit if the Participant’s Disability is
a result of any of the following:
(1) the Participant’s willful misconduct,
(2) the Participant’s self-inflicted injury,
(3) the Participant’s attempt to injure another,
(4) Participant’s intoxication or
(5) the Participant’s commission of a crime under the laws of this state or
another state of the United States.
(b) Disability Retirement Date. The Disability Retirement Date of a Participant shall
be the first day of the month which coincides with or next follows the date the
Commission approves payment of the Participant’s disability benefit.
(c) Disability Retirement Benefit. The monthly retirement benefit payable to a
Participant on his Disability Retirement Date shall be equal to one half of the
highest Earnings that the Participant has received as a Participant within the
period of seventy-two (72) months immediately preceding his Total and
Permanent Disability; provided however, that should such Participant receive any
Workmen's Compensation while so disabled, such Workmen's Compensation so
received, excluding, medical, doctor, nursing and hospitalization, shall be
subtracted from any pension voucher paid to the Participant, and he shall receive
only the excess of any pension due him after the subtraction of the amount of
Workmen’s Compensation received by him, less any other indebtedness due the
County by the Participant. Such retirement shall herein be referred to as disability
retirement and payment of the disability retirement benefit shall be governed by
the following provisions of this Section.
(d) Payment of Disability Retirement Benefit. The retirement benefit to which a
Participant is entitled in the event of his Total and Permanent Disability shall be
payable on the first day of each month. The first payment shall be made on the
Participant’s Disability Retirement Date and the last payment shall be the
payment due next preceding the earlier of: (a) his date of death (subject to the
provisions of Section 4.02), or (b) the cessation of his Total and Permanent
Disability prior to his Normal Retirement Date.
(e) Termination of Disability Retirement Benefit. If the Participant’s Total and
Permanent Disability ceases prior to his Normal Retirement Date and he does not
reenter the employ of the County within 60 days after his recovery, all rights of
the Participant in and to a disability retirement benefit shall cease and he shall be
entitled solely to the benefits, if any, provided in:
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(1) Section 3.02, if he had satisfied the requirements for early retirement as of
the date of inception of Total and Permanent Disability, or
(2) Section 3.05, if he had not satisfied the requirements for early retirement,
and
(3) either such benefit shall be based on his Credited Service and Earnings as
of the date of inception of Total and Permanent Disability.
(f) If the Participant’s Total and Permanent Disability ceases prior to his Normal
Retirement Date and he is re-employed by the County within 60 days following
the date such Total and Permanent Disability ceases, his employment will be
deemed to have been continuous; provided that the period beginning with the first
month for which he received a disability payment and ending with the date of
reemployment will not be considered as Credited Service for purposes of the Plan.
3.04 Delayed Retirement. Delayed retirement under the Plan is retirement from the employ of
the County after the Normal Retirement Date. A Participant may remain in the active
employ of the County beyond his Normal Retirement Date only at the request of the
Commission and for such periods of additional employment as shall be mutually agreed
upon; provided that the Plan’s administrator shall not interpret this sentence in a manner
that would violate the Age Discrimination in Employment Amendments of 1986, as
amended. In the event of delayed retirement, payment of the retirement benefit shall be
governed by the following provisions of this Section.
(a) Delayed Retirement Date. The Delayed Retirement Date of a Participant shall be
the first day of the month coincident with or next following the date he actually
retires from the employ of the County after his Normal Retirement Date.
(b) Amount of Retirement Benefit. The monthly retirement benefit payable to a
Participant who retires on his Delayed Retirement Date shall be an amount
computed in the same manner as for normal retirement in accordance with Section
3.01(b), but based on Credited Service and Average Earnings as of his actual
retirement date; provided, however, such amount shall not be less than the
monthly benefit the Participant would have received had he retired on his Normal
Retirement Date.
(c) Payment of Retirement Benefit. The retirement benefit payable in the event of
delayed retirement shall be payable on the first day of each month. The first
payment shall be made on the Participant’s Delayed Retirement Date and the last
payment shall be the payment due next preceding his date of death, subject to
Section 4.02.
(d) Effective Date. This Section 3.04 is effective as of December 11, 1984.
3.05 Termination of Employment.
(a) A Participant who terminates employment with the County prior to the
completion of 10 years of Credited Service, for any reason other than death,
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disability (as defined within this act) or retirement, shall receive a lump-sum cash
amount equal the total of his Contributions with 5% interest computed from
January 1, 1977, payable within 60 days following his date of termination.
(b) A Participant who terminates employment with the County for any reason other
than death, disability, or early retirement after the completion of at least 10 years
of Credited Service, shall receive a deferred retirement benefit commencing on
his Normal Retirement Date, provided he is then alive, equal to the monthly
benefit computed in the same manner as for normal retirement in accordance with
Section 3.01(b) but determined as of his date of termination, multiplied by the
applicable percentage (his “Vested Percentage”) based on completed years of
Credited Service in accordance with the following tables
Completed Years of
Credited Service at
Termination Date
Applicable
Percentages of Monthly
Benefit Payable
Effective
Benefit Rate
Less than 10 0% --0--
10 50 10.0%
11 60 13.2
12 70 16.8
13 80 20.8
14 90 25.2
15 of more 100% 30.0 +
(c) Notwithstanding anything in the Plan to the contrary, in lieu of the deferred
monthly retirement benefit provided in Section 3.05(B), the terminated
Participant (or his or her Beneficiary, if applicable) may elect to receive a
lump-sum amount equal to the total of his Contributions with 5% Interest
computed from January 1, 1977, such amount to be payable within 60 days
following the date of termination.
(d) Effective Date. This Section 3.05 is effective as of December 11, 1984.
3.06 Cost-of-Living Adjustment of Benefits. All retirement and disability benefits received
under this Section 3 shall be adjusted annually pursuant to this Section 3.06.
(a) Definition of Terms Used in This Section.
(1) “Current Cost-of-Living Index” means the average of the monthly
Consumer Price Index for the 12 month period ending December 31 each
year as determined by the Bureau of Labor Statistics of the United States
Department of Labor for all items and major groups, United States city
average.
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(2) “Participant Base Index” means
A. For any Participant who dies or retires under the provisions of this Plan on
or after October 1, 1975, the average of the Consumer Price Index for the twelve-month period
ending prior to the date of death or retirement;
B. For any Participant who dies or retired under this Plan prior to October 1,
1975, the average of the Consumer Price Index for the calendar year ending December 31, 1975.
In the event the base year used in computing the monthly Consumer Price Index
should be changed by the Bureau of Labor Statistics, the Commission, with the
advice of the Plan actuary, shall adjust the Participant Base Index of each retired
Participant with benefit payments commencing during the first year in which such
change was made so as to effect the original intent of this Section in an equitable
manner.
(3) “Adjusted Participant Index” means the Participant Base Index adjusted
for all percentage adjustments made in benefits prior to the current Annual
Adjustment Date.
(4) “Annual Adjustment Date” means March 1st of each year commencing (a)
March 1, 1976 as to any Participant who dies or retires on or after October
1, 1975, and (b) March 1, 1976 as to any Participant who dies or retires on
or before October 1, 1975.
(b) Annual Adjustment. The Commission shall ascertain the Current Cost-of-Living
Index as of January 1 each year and the benefits being paid under Sections 3, 4, or
5 to any Participants, Beneficiary, or Joint Annuitant, as previously adjusted
under this Section, shall be further adjusted as of the Annual Adjustment Date as
follows:
(1) If the Current Cost-of-Living Index is more than 100% of the Adjusted
Participant Index, the benefit shall be increased by a percentage equal to
the difference between (a) the percentage representing the Current Cost-
of-Living Index divided by the Adjusted Participant Index and (b) 100%.
(2) If the Current Cost-of-Living Index is less than 100% of the Adjusted
Participant Index, the benefit shall remain unchanged.
(3) Effective December 6, 1979, notwithstanding the foregoing provisions of
this Section, no increase in the amount of the monthly retirement benefit
due to changes in the Current Cost-of-Living Index, effective at any
Annual Adjustment Date, shall be in excess of 5% of the amount of the
monthly retirement benefit payable immediately prior to such date.
(4) Effective Date. Except as otherwise noted, this Section 3.06 is effective as
of December 11, 1984.
3.07 Required Distribution Rules Effective January 1, 1987 Through December 31, 2002.
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(a) Payment to the Participant.
(1) Any other provision of the Plan notwithstanding, the Plan will cash-out
each Participant’s Accrued Benefit, or will begin annuity payments, no
later than the April 1 following the calendar year in which he retires, or
the later calendar year in which he reaches age 70½.
(2) The Plan will pay the Accrued Benefit over a period not extending beyond
the Participant’s lifetime or life expectancy, or over a period not extending
beyond the joint and last survivor life expectancies of the Participant and
his spouse or other beneficiary, using age(s) attained as of the end of the
calendar year in which the Participant retires (or reaches age 70½ if later),
and the Accrued Benefit as of that date. However, if the beneficiary of a
joint and survivor annuity form of payment is not the spouse and is more
than 10 years younger than the Participant, payments to the beneficiary
will not exceed the applicable percentage of the Participant’s benefit
payments required by the incidental benefit rule. The Commission will
not recalculate the life expectancy(s).
(b) Participant’s Death After Benefits Begin. If the Participant dies after his
payments have begun in a survivor annuity form, the Commission will pay the
survivor benefits at least as rapidly as under the form of annuity in effect before
his death.
(c) Participant’s Death Before Benefits Begin. If the Participant dies before his
payments have begun, the Commission will pay his entire Accrued Benefit no
later than December 31 of the calendar year which contains the fifth anniversary
of his death. However, this five-year rule will not apply if the primary
Beneficiary is an individual and circumstances permit the Commission to use the
exception described below.
(1) Surviving Spouse as Primary Beneficiary. If the Participant’s surviving
spouse is the Beneficiary, the Commission will begin payments not later
than the end of the calendar year during which the Participant would have
reached age 70½, and will continue payments over a period not extending
beyond the Participant’s spouse’s life expectancy, using age attained as of
that date and not recalculated.
(2) Non-Spouse Primary Beneficiary. If the Beneficiary is an individual other
than the Participant’s spouse, the Commission will begin payments not
later than the last day of the calendar year following the year in which the
Participant’s death occurs, and will continue payments over a period not
extending beyond the Beneficiary’s life, or life expectancy determined as
of that date and not recalculated. If the Beneficiary dies before receiving
120 payments under the ten years certain and life annuity described in
Section 5.02, the Commission will continue to use the primary
Beneficiary’s life expectancy for purposes of making payments to an
individual contingent Beneficiary.
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(d) Compliance with Code Section 401(a)(9). Effective January 1, 1987, it is the
intent of the Commission that this Section provide that the beginning dates and
payment periods of benefits payable to each Participant and Beneficiary will be
within the limitations permitted under Code Section 401(a)(9), as in effect from
time to time, and the proposed regulations under Code Section 401(a)(9)
published in the Federal Register on July 27, 1987, 52 FR 28070. If there is any
discrepancy between this Section 3.07 and Code Section 401(a) (9) and its
associated regulations, that Code Section and regulations will prevail.
3.08 Required Distribution Rules Effective January 1, 2003.
(a) General Rules.
(1) Precedence. The requirements of this article will take precedence over
any inconsistent provisions of the Plan.
(2) Requirements of Treasury Regulations Incorporated. All distributions
required under this Section 3.08 will be determined and made in
accordance with the Treasury regulations under Section 401(a)(9) of the
Internal Revenue Code.
(b) Time and Manner of Distribution.
(1) Required Beginning Date. The Participant’s entire interest will be
distributed, or begin to be distributed, to the Participant no later than the
participant’s Required Beginning Date.
(2) Death of a Participant Before Distributions Begin. If the Participant dies
before the distributions begin, the Participant’s entire interest will be
distributed, or begin to be distributed, no later than as follows:
A. If the Participant’s surviving spouse is the Participant’s sole Designated
Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar
year immediately following the calendar year in which the Participant died, or by December 31
of the calendar year in which the Participant would have attained age 70 1/2, if later.
B. If the Participant’s surviving spouse is not the Participant’s sole
Designated Beneficiary, then distributions to the Designated Beneficiary will begin by December
31 of the calendar year immediately following the calendar year in which the Participant died.
C. If there is no Designated Beneficiary as of September 30 of the year
following the year of the Participant’s death, the Participant’s entire interest will be distributed
by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
D. If the Participant’s surviving spouse is the Participant’s sole Designated
Beneficiary and the surviving spouse dies after the Participant but before distributions to the
surviving spouse begin, this Section 3.08(b)(2), other than section 3.08(b)(2)A., will apply as if
the surviving spouse were the participant.
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For purposes of this section 3.08(b)(2) and section 3.08(e), distributions are considered to begin
on the Participant’s Required Beginning Date (or, if section 3.08(b)(2)D. applies, the date
distributions are required to begin to the surviving spouse under section 3.08(b)(2)A.). If annuity
payments irrevocably commence to the Participant before the Participant’s Required Beginning
Date (or to the Participant’s surviving spouse before the date distributions are required to begin
to the surviving spouse under section 3.08(b)(2)A.), the date distributions are considered to begin
is the date distributions actually commence.
(3) Form of Distribution. Unless the Participant’s interest is distributed in the
form of an annuity purchased from an insurance company or in a single
sum on or before the Required Beginning Date, as of the first distribution
calendar year distributions will be made in accordance with Sections
3.09(c), 3.09(d) and 3.09(e) hereof. If the Participant’s interest is
distributed in the form of an annuity purchased from an insurance
company, distributions thereunder will be made in accordance with the
requirements of Code Section 401(a)(9) and the Treasury regulations.
Any part of the Participant’s interest which is in the form of an individual
account described in Code Section 414(k)will be distributed in a manner
satisfying the requirements of Code Section 401(a)(9) and the Treasury
regulations that apply to individual accounts.
(c) Determination of Amount to be Distributed Each Year.
(1) General Annuity Requirements. If the Participant’s interest is paid in the
form of annuity distributions under the Plan, payments under the annuity
will satisfy the following requirements:
A. the annuity distributions will be paid in periodic payments made at
intervals not longer than one year;
B. the distribution period will be over a life (or lives) or over a period certain
not longer than the period described in section 4 or 5;
C. once payments have begun over a period certain, the period certain will
not be changed even if the period certain is shorter than the maximum permitted;
D. payments will either be nonincreasing or increase only as follows:
(i) by an annual percentage increase that does not exceed the
annual percentage increase in a cost-of-living index that is based on prices of all items and issued
by the Bureau of Labor Statistics;
(ii) to the extent of the reduction in the amount of the
participant’s payments to provide for a survivor benefit upon death, but only if the beneficiary
whose life was being used to determine the distribution period described in section 4 dies or is no
longer the participant’s beneficiary pursuant to a qualified domestic relations order within the
meaning of section 414(p);
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(iii) to provide cash refunds of employee contributions upon the
participant’s death; or
(iv) to pay increased benefits that result from a plan
amendment.
(2) Amount Required to be Distributed by Required Beginning Date. The
amount that must be distributed on or before the Participant’s Required
Beginning Date (or, if the participant dies before distributions begin, the
date distributions are required to begin under section 3.08(b)(2)A. or
3.08(b)(2)B.) is the payment that is required for one payment interval.
The second payment need not be made until the end of the next payment
interval even if that payment interval ends in the next calendar year.
Payment intervals are the periods for which payments are received, e.g.,
bi-monthly, monthly, semi-annually, or annually. All of the Participant’s
benefit accruals as of the last day of the first distribution calendar year will
be included in the calculation of the amount of the annuity payments for
payment intervals ending on or after the Participant’s Required Beginning
Date.
(3) Additional Accruals After First Distribution Calendar Year. Any
additional benefits accruing to the Participant in a calendar year after the
first distribution calendar year will be distributed beginning with the first
payment interval ending in the calendar year immediately following the
calendar year in which such amount accrues.
(d) Requirements for Annuity Distributions that Commence During Participant’s
Lifetime.
(1) Joint Life Annuities Where the Beneficiary is Not the Participant’s
Spouse. If the Participant’s interest is being distributed in the form of a
joint and survivor annuity for the joint lives of the Participant and a
nonspouse beneficiary, annuity payments to be made on or after the
Participant’s Required Beginning Date to the Designated Beneficiary after
the Participant’s death must not at any time exceed the applicable
percentage of the annuity payment for such period that would have been
payable to the Participant using the table set forth in Q&A-2 of section
1.401(a)(9)-6T of the Treasury regulations. If the form of distribution
combines a joint and survivor annuity for the joint lives of the Participant
and a nonspouse beneficiary and a period certain annuity, the requirement
in the preceding sentence will apply to annuity payments to be made to the
Designated Beneficiary after the expiration of the period certain
(2) Period Certain Annuities. Unless the Participant’s spouse is the sole
Designated Beneficiary and the form of distribution is a period certain and
no life annuity, the period certain for an annuity distribution commencing
during the Participant’s lifetime may not exceed the applicable distribution
period for the Participant under the Uniform Lifetime Table set forth in
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section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that
contains the annuity starting date. If the annuity starting date precedes the
year in which the Participant reaches age 70, the applicable distribution
period for the Participant is the distribution period for age 70 under the
Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury
regulations plus the excess of 70 over the age of the Participant as of the
Participant’s birthday in the year that contains the annuity starting date. If
the Participant’s spouse is the Participant’s sole Designated Beneficiary
and the form of distribution is a period certain and no life annuity, the
period certain may not exceed the longer of the Participant’s applicable
distribution period, as determined under this Section 3.08(d)(2), or the
joint life and last survivor expectancy of the Participant and the
Participant’s spouse as determined under the Joint and Last Survivor Table
set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the
Participant’s and spouse’s attained ages as of the Participant’s and
spouse’s birthdays in the calendar year that contains the annuity starting
date.
(e) Requirements for Minimum Distributions Where Participant Dies Before Date
Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies
before the date distribution of his or her interest begins and there is a
Designated Beneficiary, the Participant’s entire interest will be distributed,
beginning no later than the time described in section 3.08(b)(2)A. or
3.08(b)(2)B., over the life of the Designated Beneficiary or over a period
certain not exceeding:
A. unless the annuity starting date is before the first distribution calendar
year, the life expectancy of the Designated Beneficiary determined using the beneficiary’s age as
of the beneficiary’s birthday in the calendar year immediately following the calendar year of the
Participant’s death; or
B. if the annuity starting date is before the first distribution calendar year, the
life expectancy of the Designated Beneficiary determined using the beneficiary’s age as of the
beneficiary’s birthday in the calendar year that contains the annuity starting date.
(2) No Designated Beneficiary. If the Participant dies before the date
distributions begin and there is no Designated Beneficiary as of September
30 of the year following the year of the Participant’s death, distribution of
the Participant’s entire interest will be completed by December 31 of the
calendar year containing the fifth anniversary of the participant’s death.
(3) Death of Surviving Spouse Before Distributions to Surviving Spouse
Begin. If the Participant dies before the date distribution of his or her
interest begins, the Participant’s surviving spouse is the Participant’s sole
Designated Beneficiary, and the surviving spouse dies before distributions
to the surviving spouse begin, this section 5 will apply as if the surviving
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spouse were the Participant, except that the time by which distributions
must begin will be determined without regard to section 2.2(a).
(f) Definitions. For purposes of this Section 3.08, the capitalized terms used herein
shall have the following meanings:
(1) Designated Beneficiary. The individual who is designated as the
Beneficiary under Section 4.04 of the Plan and is the designated
beneficiary under section 401(a)(9) of the Internal Revenue Code and
section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.
(2) Distribution Calendar Year. A calendar year for which a minimum
distribution is required. For distributions beginning before the
Participant’s death, the first distribution calendar year is the calendar year
immediately preceding the calendar year which contains the Participant’s
Required Beginning Date. For distributions beginning after the
Participant’s death, the first distribution calendar year is the calendar rear
in which distributions are required to begin pursuant to section 3.08(b)(2).
(3) Life Expectancy. Life expectancy as computed by use of the Single Life
Table in section 1.401(a) (9)-9 of the Treasury regulations.
(4) Required Beginning Date. April 1 of the calendar year following the later
of the calendar year in which the Participant attains age 70½ or the
calendar year in which the Participant retires from employment with the
City.
3.09 Code Section 415 Limit.
(a) Definitions. When used in this Section 3.09, the following terms shall have the
definitions set forth in this Section 3.09(a).
(1) Defined Benefit Dollar Limitation.
A. Effective as of January 1, 1976, the “Defined Benefit Dollar Limitation” is
$75,000 (subject to adjustments required under applicable law for employee contributions) as
adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as
the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A
limitation as adjusted under Section 415(d) will apply to limitation years ending with or within
the calendar year for which the adjustment applies.
B. Effective as of January 1, 1983, the “Defined Benefit Dollar Limitation” is
$90,000 (subject to adjustments required under applicable law for employee contributions) as
adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as
the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A
limitation as adjusted under Section 415(d) will apply to limitation years ending with or within
the calendar year for which the adjustment applies.
Attachment number 1
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C. Effective as of January 1, 2002, the “Defined Benefit Dollar Limitation” is
$160,000 (subject to adjustments required under applicable law for employee contributions) as
adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as
the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A
limitation as adjusted under Section 415(d) will apply to limitation years ending with or within
the calendar year for which the adjustment applies.
(2) Defined Benefit Compensation Limitation. The “Defined Benefit
Compensation Limitation” is 100% of Participant’s average compensation
for his or her high 3 years of employment with the City.
(3) Maximum Permissible Benefit. The “Maximum Permissible Benefit” is
the lesser of the Defined Benefit Dollar Limitation or the Defined Benefit
Compensation Limitation (both adjusted where required, as provided in
paragraphs (A) of (B) of this Section 3.09(a)(1).
(4) Minimum Age.
A. Effective as of January 1, 1976, the “Minimum Age” is 55.
B. Effective as of January 1, 1983, the “Minimum Age” is 62.
(5) Maximum Age. Effective as of January 1, 1983, the “Maximum Age” is
65.
(b) Limitation on Benefits.
(1) Effective January 1, 1976 and subject to this Section 3.09, in no event will
the annual benefits payable to any Participant exceed the Maximum
Permissible Benefit at the time the Participant ceases to accrue Credited
Service.
(2) In accordance with Code Section 415(b)(10), notwithstanding anything in
this Section 3.09 to the contrary, for purposes of Employees who became
Participants before January 1, 1990, the benefit limitations contained in
this Section 3.09 shall not be less than such Participant’s Accrued Benefit
under the Plan (as determined without regard to any Plan amendment
made after October 14, 1987).
(c) Adjustments to the Defined Benefit Dollar Limitation.
(1) Effective as of January 1, 1976, if the retirement benefit of a Participant
begins prior to the Minimum Age, the Defined Benefit Dollar Limitation
applicable to the Participant at such earlier age is an annual benefit
payable in the form of a straight life annuity beginning at the earlier age
that is the Actuarial Equivalent of the Defined Benefit Dollar Limitation
applicable to the Participant at the Minimum Age (adjusted as required
pursuant to this Section 3.09). The Defined Benefit Dollar Limitation
applicable at an age lesser than the Minimum Age is determined as the
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lesser of: (i) the actuarial equivalent (at such age) of the Defined Benefit
Dollar Limitation computed using the interest rate and mortality table (or
other tabular factor) specified in Section 1.02 of the Plan and (ii) the
actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation
computed using a 5 percent interest rate and the applicable mortality table
as defined in Section 1.02 of the Plan. Any decrease in the Defined
Benefit Dollar Limitation determined in accordance with this Section 3.09
shall not reflect a mortality decrement if benefits are not forfeited upon the
death of the Participant. If any benefits are forfeited upon death, the full
mortality decrement is taken into account.
(2) Effective as of January 1, 1983, if the benefit of a Participant begins after
the Participant attains the Maximum Age, the Defined Benefit Dollar
Limitation applicable to the Participant at such later age is the annual
benefit payable in the form of a straight life annuity beginning at the later
age that is actuarially equivalent to the Defined Benefit Dollar Limitation
applicable to the Participant at the Maximum Age (adjusted as required
pursuant to this Section 3.09). The actuarial equivalent of the Defined
Benefit Dollar Limitation applicable at an age after the Maximum Age is
determined as (i) the lesser of the actuarial equivalent (at such age) of the
Defined Benefit Dollar Limitation computed using the interest rate and
mortality table (or other tabular factor) specified in Section 1.02 of the
Plan and (ii) the actuarial equivalent (at such age) of the Defined Benefit
Dollar Limitation computed using a 5 percent interest rate assumption and
the applicable mortality table as defined in Section 1.02 of the Plan. For
these purposes, mortality between the Maximum Age and the age at which
benefits commence shall be ignored.
(3) Notwithstanding anything in this Section 3.09 to the contrary, benefit
increases resulting from the increase in the Defined Benefit Dollar
Limitation pursuant to Section 3.09(a)(1)C shall be limited to all
Participants who have one hour of Credited Service on or after the first
day of the first limitation year ending after December 31, 2001.
(4) Notwithstanding anything in this Section 3.09 to the contrary, in the case
of a Participant who has fewer than 10 years of Credited Service, the
Defined Benefit Dollar Limitation shall be multiplied by a fraction, (i) the
numerator of which is the number of years of Credited Service and (ii) the
denominator of which is 10.
(5) Notwithstanding anything in this Section 3.09 to the contrary, effective as
of January 1, 1987, the annual benefit of any Participant who is a police
officer or firefighter and who has at least 15 years of Credited Service may
be determined without regard to Section 3.09(c)(1).
(d) For distributions commencing prior to January 1, 2002 and for Participants who
do not have one hour of Credited Service after this date, the City shall, to the
extent required by the Economic Growth and Tax Relief Reconciliation Act of
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2001 and in accordance with the Code, apply the limitations contained in Code
Section 415, as in effect at the time the distribution commenced; subject to the
disregard of Code Section 415(e) for distributions occurring after January 1, 2000.
(e) Effective as of January 1, 1976 through December 31, 1999, the limitation
established by Section 415(e) of the Code (as in effect from time to time) shall
apply to the calculation of any Participant’s annual benefit.
3.10 Enhanced Early Retirement for 1996. Participants who have attained, or who will have
attained, the age of 50 on or before December 31, 1996, and who have completed 5 years
of Credited Service as of July 1, 1996, and who are employed by Augusta-Richmond
County on October 1, 1975, may elect to receive retirements benefits under this Section.
Such election must be made on a form designated by Augusta-Richmond County between
October 1, 1996 and 4:00 p.m. on December 23, 1996. Any Participant electing to retire
early pursuant to this Section shall have until 4:00 p.m. on the seventh (7th) day
following such election to revoke same.
A. Enhanced Early Retirement Date. The Enhanced Early Retirement Date of a
Participant shall be the first day of the month next following the date he retires
from the employ of the County under the provisions of this Section.
B. Amount of Retirement Benefit. The monthly retirement benefit payable to a
Participant who retires on his Enhanced Early Retirement Date shall be an amount
equal to 2% of the highest salary or wage or remuneration received as a
Participant within the period of seventy-two (72) months immediately preceding
his retirement for each year of Credited Service plus an additional ten (10) years
of service to be added to the years of Credited Service for purposes of computing
the amount of the retirement benefit, up to a maximum of one hundred percent
(100%) of Average Earnings for the Participant’s high three (3) years of Earnings,
any contrary provision of this Act notwithstanding. The amount of the monthly
enhanced retirement benefit shall not be reduced for any month or time period by
which the Early Retirement Date of a Participant precedes his Normal Retirement
Date, notwithstanding any other provision of the Plan.
C. Prerequisite for Electing Early Retirement. Any Participant electing Enhanced
Early Retirement shall be required to execute a covenant not to sue in favor of
Richmond County, Georgia and Augusta-Richmond County, Georgia and their
officials, agents, and employees for any and all claims arising out of such
employee’s employment by Richmond County, Georgia and/or Augusta-
Richmond County, Georgia, and agreeing not to seek or accept any further
employment by Augusta-Richmond County, or its constitutional and elected
officials. This provision shall not be construed as prohibiting any such person
from seeking any elective position by the State of Georgia or Augusta-Richmond
County.
3.11 Special Unreduced Early Retirement. If a Participant with at least twenty (20) years of
Credited Service is permanently separated from the service involuntarily by action of the
Commission or by action of the elective official under whom he is employed, the
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Participant may elect to collect Plan benefits under this Section in lieu of any other
Section of this Plan; provided, however, no Participant shall draw any benefits under this
Section, and such benefits shall be forfeited, if his involuntary separation from the
services of the County is found by the Commission to have been caused by the
Participant's willful misconduct, or self-inflicted injury, or growing out of his attempt to
injure another, or due to intoxication or willful misconduct, or due to the commission of
crime under the laws of this State, or any other State of the United States.
(a) Special Retirement Date. The Special Retirement Date of a Participant shall be
the first day of the month which coincides with or next follows the date the
Participant elects to retire under the provision of this Section.
(b) Amount of Special Unreduced Retirement Benefit. A Participant at retirement
under this Section shall receive a monthly retirement benefit, commencing on his
Special Retirement Date, provided he is then alive, equal to the amount computed
in the same manner as for normal retirement in accordance with Section 3.01-b,
but based on Credited Service and Earnings as of the Special Retirement Date.
(c) Payment of Special Retirement Benefit. The monthly retirement benefit payable
in the event of special retirement shall be payable on the first day of each month.
The first payment shall be made on the Special Retirement Date and the last
payment shall be the payment due next preceding his date of death, subject to the
provision of Section 4.02.
3.12 Rollover Distributions. Except where otherwise provided, Section 3.12 shall apply to
benefits payable, but only to the extent required by the plan qualification rules of Section
401(a) of the Code.
(a) Effective January 1, 1993, notwithstanding any contrary provision of the Plan, a
Distributee may elect, at the time and in the manner prescribed by the City, to
have any portion of an Eligible Rollover Distribution paid directly to an Eligible
Retirement Plan specified by the Distributee in a Direct Rollover.
(b) The special capitalized terms used only in this Section 3.12 shall have the
meanings specified below:
(1) "Direct Rollover" means a payment by the Plan to the Eligible Retirement
Plan specified by the Distributee.
(2) "Distributee" means a Participant. In addition, a Participant's surviving
spouse and a Participant’s spouse or former spouse who is the alternate
payee under a qualified domestic relations order, as defined in Section
414(p) of the Code, are Distributees with regard to the interest of the
spouse or former spouse.
(3) "Eligible Retirement Plan" means an individual retirement account
described in Section 408(a) of the Code, an annuity plan described in
Section 403(a) of the Code, an annuity contract described in Section
403(b) of the Code, or a qualified trust described in Section 401(a) of the
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Code that accepts the Distributee’s Eligible Rollover Distribution.
Effective for Plan Years ending before January 1, 2002, in the case of an
Eligible Rollover Distribution to the Employee’s or former Employee’s
surviving spouse, an Eligible Retirement Plan shall mean only an
individual retirement account or individual retirement annuity. Effective
as of January 1, 2002, the definition of “Eligible Retirement Plan” shall
also apply to an annuity contract described in Section 403(b) of the Code,
an eligible plan under Section 457(b) of the Code which is maintained by
a state, political subdivision of a state, or any agency or instrumentality of
a state or political subdivision of a state and which agrees to separately
account for amounts transferred into such plan from this Plan, and in the
case of a distribution to an Employee’s surviving spouse, or to a spouse or
former spouse who is the alternate payee under a qualified domestic
relations order, as defined in Section 414(p) of the Code.
(4) "Eligible Rollover Distribution" means any distribution of all or any
portion of the Accrued Benefit to the credit of the Distributee, except that
an Eligible Rollover Distribution does not include: (1) any distribution
that is one of a series of substantially equal periodic payments (not less
frequently than annually) made for the life (or life expectancy) of the
Distributee or the joint lives (or joint life expectancies) of the Distributee
and the Distributee's designated Beneficiary, or for a specified period of
ten years or more; (2) any distribution to the extent such distribution is
required under Section 401(a)(9) of the Code; and (3) the portion of any
distribution that is not includible in gross income. Effective as of January
1, 2002, notwithstanding the foregoing, any amount that is distributed on
account of hardship, to the extent allowed under the Plan, shall not
constitute an Eligible Rollover Distribution.
3.13 Supplemental Retirement Benefits.
(a) Participants who were Employees in active service and employment as of January
1, 1998, and Participants who retired prior to January 1, 1998 (other than those
Participants who retired under the Enhanced Early Retirement provided for in
Section 3.10 hereof) shall receive, in addition to their normal retirement benefit, a
payment of one hundred dollars ($100.00) per month until their death or
termination of participation in the Plan; provided, however, should any court of
competent jurisdiction determine that such supplemental retirement benefits are
illegal or invalid for any reason, this Section shall be repealed immediately upon
such order becoming final.
(b) Effective January 1, 2004, participants who retired prior to January 1, 1996 (and
their Payees) shall receive, in addition to their normal retirement benefit, a
payment of one hundred and fifty dollars ($150.00) per month until their
termination of participation in the Plan.
3.14 Past Increases. All increased retirement payments previously granted and adopted by the
Commission pursuant to the provisions of Ga. L. 1971, pp. 3881 are hereby approved and
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authorized, and all subsequent increased retirement payments shall be pursuant to
provisions of Section 3.06.
3.15 Benefits Payable to Surviving Spouses. Effective March 10, 1966, any Participant may
elect in lieu of his or her normal retirement benefit pursuant to Section 3.01 hereof to
receive a reduced amount of pension according to the age and sex of the participant and
his or her spouse, commencing upon his or her actual retirement, with the provision that
upon his or her subsequent death, if his or her spouse is still alive, that 50% of the
pension which he or she was receiving immediately prior to his or her death, would be
continued to such spouse for the balance of the spouse’s lifetime or until subsequent
remarriage. Such election must be made by the Participant at least one year prior to his
or her actual retirement and at any time prior to his or her actual retirement upon
furnishing evidence of good health to the board of commissioners of roads and revenues.
An election once made may be revoked by the Participant at any time prior to actual
retirement and will be automatically revoked if the beneficiary so designated by the
Participant dies before the Participant’s actual retirement.
SECTION 4
DEATH BENEFITS
4.01 Death Prior to Retirement.
(a) Non-Duty Connected Death. If a Participant is separated from the service of his
employment, as defined in the Plan, by death, there shall be returned to his or her
surviving spouse if one, and if not, then to his or her next of kin upon application
therefor, 100% of his or her Contributions with Interest, less any payments made
to him or her by reason or any other provision of this Plan, and less any sum that
might be due by him or her to Richmond County, which amount so due shall be
paid to the County; and when one hundred per centum of his or her Contributions
with Interest, less authorized deductions, if any, is returned, then his or her estate,
or his or her personal representative shall receive from the Fund, no other sums
whatsoever. Notwithstanding the foregoing, if a terminated Participant entitled to
the deferred monthly retirement benefit provided in Section 3.02(b) dies prior to
the commencement of such benefit, his Beneficiary shall receive a lump sum
amount equal to the total of his Contributions with 5% Interest, computed from
January 1, 1977, such amount to be payable with 60 days following his date of
death.
(b) Duty Connected Death. Effective March 10, 1966, the widow of a Participant
who is killed in line of duty, as hereinafter defined, may elect, in lieu of receiving
a refund of Contributions with Interest under the provisions of the Plan, to receive
a pension computed at twenty-five percent (25%) of the Participant’s monthly
salary or wages at the time of his death, which shall be payable monthly to the
widow, until her death or remarriage, or in the event of her death leaving a child
or children of the Participant surviving her, who have not reached their 18th
birthday, pension shall be continued to be paid for the benefit of such child or
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children as long as they remain unmarried and until they reach their 18th birthday;
and if there be no widow living at the time of the death of such Participant killed
is herein defined, but there be a child or children of Participant living as of date
who have not reached their 18th birthday, the guardian of children may make a
similar election as that provided for a widow and, in the event such election is
made, a pension in amount shall be paid for the benefit of such child or children
as long as they remain unmarried and until they reach their 18th birthday.
(c) As used in this Section 4.01, "killed in line of duty" shall mean killed while
actively performing the prescribed duties of the Participant's job and not resulting
from any misconduct or negligence of such Participant; provided, however, that
no payments shall be made under the provisions of this section until such date as
any monthly benefits provided under the Workmen's Compensation Laws of
Georgia shall have ceased.
4.02 Death After Retirement.
(a) Effective March 10, 1966, any Participant who dies after retirement but prior to
receiving benefits in an amount equal to the amounts which have been paid into
such fund from his or her wages while employed shall be entitled to have the
difference paid to his or her surviving spouse, if one, and if not to the
representatives of his or her estate; provided, however, the surviving spouse is not
entitled to receive the pension provided for in Section 3.15.
(b) Effective October 1, 1975, notwithstanding Section 3.15, the surviving spouse of
any retired Participant who dies shall receive one-half of the benefits of the
deceased Participant, under the provisions of this Plan, until such time as the
surviving spouse dies or remarries.
(c) If a Participant dies subsequent to his retirement and had elected to receive a
deferred benefit under Section 3.02(b)(l) or Section 3.05(b) but such benefit had
not commenced, his Beneficiary shall receive a lump-sum cash amount equal to
one-half of the benefits of the deceased Employee, under the provisions of this
Plan; provided that no benefits shall payable hereunder if Plan benefits are paid
under Section 4.01.
4.03 Adjusted Benefit. The amount of monthly retirement benefit provided under this Section
4 shall be adjusted by the cost-of-living adjustment as provided in Section 3.06 upon
commencement of such benefit.
4.04 Designation of Beneficiaries.
(a) Each Participant shall designate a Beneficiary to receive the benefits, if any,
which may be payable in the event of his death pursuant to the provision of
Section 3 or 4. Such designation shall be made in writing on a form provided by
the Commission and shall be signed and filed with the Commission. The
Participant may change his designation from time to time by filing the proper
form with the Commission, and each change shall revoke all prior designations by
the Participant. In each such designation the Participant may name one or more
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primary Beneficiaries and one or more contingent Beneficiaries. If no
Beneficiary designated by the Participant survives him, the Commission may
direct the payment of such benefits to (i) the spouse of the deceased, if living;
otherwise, to (ii) the descendents of the deceased Participant per stirpes or on their
behalf as provided in Section 10.04; or if none, to (iii) the legal representative of
the estate of the deceased Participant.
(b) In the event of the death of a Beneficiary who survives the Participant and who, at
his or her death, is receiving benefits as described in paragraph A of this Section,
the remaining benefits, if any, shall be payable to a person designated by the
Participant to receive the remaining benefits, or, if no person was so designated,
then to a person designated by the Beneficiary of the deceased Participant;
provided, however, that if no person so designated be living upon the occurrence
of such contingency, the remaining benefits, if any, shall be payable to (a) the
spouse of the deceased Participant, if living; otherwise to (b) the descendents of
the deceased Beneficiary per stirpes or on their behalf as provided in Section
10.04; or if none, to (c) the legal representative of the estate of the deceased
Beneficiary, as the Commission in its sole discretion may determine.
(c) In the event the Commission does not direct the payments as specified in
paragraph (a) or (b) of this Section, the Commission may elect to have a court of
applicable jurisdiction determine to whom payments should be made, and the
Commission shall follow such instructions as the court may give.
SECTION 5
CONTRIBUTIONS
5.01 County Contributions. Effective October 1, 1975, contributions by the County shall
equal five percent (5%) of the aggregate of any Participant’s Earnings, plus such
additional amounts as shall be determined by the County, based upon the
recommendations of an actuary. County contributions shall be paid to the Fund and shall
be used only for the benefit of the Participants and Beneficiaries of the Plan. Effective
November 20, 1984, notwithstanding the preceding sentence, on the recommendation of
the County's actuary, who shall be a member of the American Academy of Actuaries, or
an organization of which one or more members is a member of the American Academy
of Actuaries, the Commission may increase or decrease the County’s contributions as
recommended by such actuary.
5.02 Participant Contributions.
(a) Effective October 1, 1975, aach Participant shall contribute to the Fund an amount
equal to five (5%) per cent of his Earnings. Contributions by the Participant shall
cease at the earlier of (i) his date of termination of employment for any reason,
and (ii) his actual retirement date. Participant contributions shall be made by
payroll deduction and in such manner as determined by the Commission.
(b) Withdrawals of Participant Contributions: In all cases where previously adopted
provisions of the 1945 act as amended call for participants contributions to be
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refunded that such refunding will be with "interest" as computed in subsection (a)
of this Section 5.02.
(c) Return of Contributions: Any Participant who voluntarily absolutely separates
from the service of the Commission or from the service of the elective officer by
whom he is employed or who is discharged as provided by the "Richmond
Officers and Employees' Act" in Ga. L. E.S., 1937-1938, pp. 875-880 inclusive,
as amended, or who was discharged by the elective officer under whom he is
employed before being retired under any provisions of the Plan, shall have
returned to the Participant or his estate, within ninety (90) days of the date of
application after he is absolutely separated or his discharge becomes final, the
entire amount of his Contributions, without Interest, less any disability payments
he has received. Once the sum is returned to the Employee, he shall not have any
further claim or right to receive any fund, or payments whatsoever of any kind of
character from the Fund.
SECTION 6
ADMINISTRATION OF PLAN
6.01 Administration.
(a) Powers of the Commission. The Commission shall control the administration of
the Plan hereunder, with all powers necessary to enable it properly to carry out its
duties in that respect. Not in limitation, but in amplification of the foregoing, the
Commission shall have the power to construe the Plan and to determine all
questions that shall arise thereunder, and shall also have all the powers elsewhere
herein conferred upon it. It shall decide all questions relating to the eligibility of
Employees to participate in the benefits of the Plan, and shall determine the
benefits to which any Participant, Beneficiary, or Joint Annuitant may be entitled
under the Plan. The decisions of the Commission upon all matters within the
scope of its authority shall be final and binding upon all parties to this instrument,
Participants, and Participant’s Beneficiaries and Joint Annuitants.
(b) Records of the Commission. All acts and determination of the Commission shall
be duly recorded by the County clerk, or under his supervision, and all such
records, together with such other documents as may be necessary for the
administration of the Plan shall be preserved in the custody of such clerk.
(c) Exemption from Liability of the Commission. The members of the Commission,
and each of them, shall be free from all liability, joint, and several, for their acts,
omissions and conduct, and for the acts, omissions and conduct of their duly
constituted agents, in the administration of the Plan, and the County shall
indemnify and save each of them harmless from the effects and consequences of
their acts, omissions, and conduct in their official capacity, except to the extent
that such effects and consequences shall result from their own willful misconduct.
(d) Miscellaneous.
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(1) The Commission shall prepare and distribute to the Participants
information concerning the Plan, at the expense of the County, in such
manner as it shall deem appropriate.
(2) To enable the Commission to perform its functions, the County shall
supply full and timely information of all matters relating to the
compensation and length of service of all Participants, their retirement,
death or other cause of termination of employment, and such other
pertinent facts as the Commission may require.
(3) The Commission shall be entitled to rely upon all tables, valuations,
certificates, and reports furnished by an actuary, who shall be a member of
the American Academy of Actuaries, or an organization which one or
more members is a member of the American Academy of Actuaries and
upon all certificates and reports made by an accountant selected or
approved by the Commission. The Commission shall be fully protected in
respect to any action taken or suffered by it in good faith in reliance upon
the advice or opinion of any actuary, accountant, or attorney, and all
action so taken or suffered shall be conclusive upon each member of the
Commission and upon all persons interested in the Plan.
SECTION 7
TRUST FUND AND TRUSTEES
7.01 Trust Fund.
(a) There is created a permanent pension Fund for the benefit of each Participant
covered by this Plan, and the Fund shall be known as the "Richmond County
Employees' Pension Fund" and shall be kept in a separate account earmarked
"Richmond County Employees' Pension Fund", with a separate, permanent record
thereof. The assets of the Fund shall be held and administered by the
Commission. The Fund shall consist of all payments by the County and
Participants to the Fund and earnings from investments. The assets of the Fund
shall be valued as of the end of each plan year, and at any other time required by
the Commission, and at the then existing book and market value. The Fund is
hereby declared not to be the property of the Commission or the County, and this
includes any sum paid in or directed to be paid in by the Commission and it shall
reserve no property in any sum raised or due by virtue of the Plan.
(b) The Commission shall maintain a separate and permanent record of the Fund. All
decisions of the Commission in regard to the Fund or any payments or
withdrawals therefrom shall be recorded in the minutes of the Commission and
also entered on the permanent record kept by the Commission and such
permanent record shall be open to inspection by any interested person at all
regular business hours.
(c) The Commission shall keep the Treasurer and Clerk of the Commission bonded at
all times and in an amount equal to the total Fund in possession of or under the
control of either; provided, however, that such bond shall not exceed Two-
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Hundred Thousand Dollars ($200,000.00) as to each party. The bond shall also
cover any acting Treasurer or Clerk.
7.02 Amendment of Trust. The County shall have the right at any time, by an instrument in
writing duly executed by the Commission and to the Trustee, to modify, alter, or amend
the Trust in whole or in part; provided, however, that the duties, powers, and liability of
the Trustee hereunder shall not be substantially increased without its written consent, and
provided further, that no such amendment shall have the effect of revesting in the County
any part of the principal or income of the Fund.
7.03 Discontinuance of Trust and Vesting. The County expressly reserves the right to
terminate this Plan and Trust Agreement at any time. Upon termination of the Plan by
the County, or complete discontinuance of Contributions thereunder, having the effect of
termination, the rights of each Participant to benefits accrued to the date of such
termination or discontinuance, to the extent then funded, shall be nonforfeitable. In either
case the Commission shall, upon instructions from the County, continue to administer the
Fund as provided in Section 7. No part of the Fund shall at any time revert to the County
unless all benefits for Participants and their Payees have been provided.
7.04 Powers of the Commission.
(a) The Commission shall have the following power and authority in the
administration of the Fund to be exercised in accordance with and subject to the
provisions of Section 7.05 hereof:
(1) control the administration of the Plan hereunder, with all powers necessary
to enable it to properly carry out its duties in that respect. Not in
limitation, but in amplification of the foregoing, the Commission shall
have the power to construe the Plan and to determine all questions that
shall arise thereunder, and shall also have all the powers elsewhere herein
conferred upon it;
(2) decide all questions relating to the eligibility of Employees to participate
in the benefits of the Plan; and
(3) determine the benefits to which any Participant or Beneficiary may be
entitled under the Plan.
(b) The decisions of the Commission upon all matters within the scope of this
authority shall be final and binding upon all parties to this instrument, participants
and their beneficiaries.
(c) All acts and determinations of the Commission shall be duly recorded by the
County clerk, or under his supervision and all such records, together with such
other documents as may be necessary for the administration of the Plan, shall be
preserved in the custody of such clerk.
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(d) The Commission shall prepare and distribute to the Employees information
concerning the Plan at the expense of the County, in such manner as it shall deem
appropriate.
7.05 Investment of Fund.
(a) Effective February 11, 1998, the County comptroller shall be the custodian of
such Fund and shall deposit all contributions to the Plan in a bank or banks, and,
pursuant to the direction of the pension fund investment committee, which
committee shall consist of the members of the Augusta-Richmond County
Commission, shall invest and reinvest, from time to time, any portion thereof not
immediately needed for the payment of pensions, in securities approved by law
for the investment of trust funds; and, in such securities other than those
specifically approved by law for the investment of trust funds, as the pension fund
investment committee shall deem proper, from time to time; provided, however,
that the amount of the pension fund which may be invested in such securities
other than those specifically approved by law for the investment of trust funds
may not exceed fifty percent (50%) of the total amount of the fund then
outstanding; and in addition thereto, the investment committee may invest such
funds in bonds and debentures assumed or guaranteed by such existing
corporation or institution existing under the laws of the United States of America,
or any state thereof, provided such bonds or debentures are rated at the time of
their purchase, by a nationally recognized securities rating service, as AAA (Aaa),
AA (Aa) or A (a) in lieu thereof, provided that (if applicable), such bonds or
debentures are the type in which domestic life insurance companies are permitted
to invest under any applicable provisions of the Official Code of Georgia
Annotated, as amended. The amount of the pension fund which may be invested
in the bonds and debentures of any one corporation may not exceed ten percent
(10%) of the total amount of such fund then outstanding.
(b) Effective October 1, 1975, the Board is authorized to deposit funds held by it with
any back located in Richmond County, Georgia, as depository. The Board shall
be the authority to invest and re-invest money which is held for the purpose of
paying pensions, but which is not needed for the immediate payment thereof, as
determined by the Board, including securities of agencies of said government of
the State of Georgia; of Richmond County; or any other county or municipality in
the State of Georgia; or insured savings in savings and loan associations and state
and national banks; corporate bonds and debentures rated “AA” or better
according to Moody’s or Standard & Poor’s rating at the time of the investment;
corporate stocks which are non-assessable; dividend-paying stocks, common or
preferred, in corporations having an “A” rating or better according to Standard &
Poor’s index current at the time of the investment, provided cash dividends of
such common stocks have been paid out of current earnings in at least two of the
last three years preceding the purchase, provided, however, that the Fund shall not
own more than fifteen percent (15%) of the issued and outstanding shares of any
one corporation.
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(c) Withdrawal from the fund for investment purposes shall be accomplished by
vouchers drawn by the Treasurer, counter-signed by the mayor of the County or
the mayor’s designee.
7.06 Taxation. The Commission, in its settlor capacity, is hereby authorized to levy a tax from
time to time to raise a sufficient sum to meet the requirements of the Plan for paying into
the Fund an amount equal to the amount contributed by Participants to the Fund; and in
the event such amount contributed by the Participants should be five percent (5%) or
more of Earnings and the five percent (5%) or more contributed by the Commission, and
shall be insufficient to pay the pensions provided for in the Plan, then and in that event
the Commission shall levy a sufficient tax to meet all payments as required by the Plan,
and from time to time to continue to do so.
7.07 Resignation of Trustee. The Trustee may resign as Trustee of the Trust at any time by
giving sixty (60) days written notice to the County, or with the consent of the County,
may resign at any time. At such time as the resignation becomes effective, the Trustee
shall render to the County an account of its administration of the Fund during the period
following that covered by its last annual account, and shall perform all acts necessary to
transfer and deliver the assets of the Fund to its successor.
7.08 Successor Trustees. In the event of vacancy of one or more individuals in the Trusteeship
of this Trust occurring at any time, the Commission shall designate and appoint qualified
successor Trustee(s) until such individuals are elected by the electorate.
7.09 Disbursements. Upon written direction (which may be a continuing one) from the
Commission as to the name of any person to whom money is to be paid from the Fund
and the amount thereof, checks shall be drawn by the Trustee in the name of the person
designated by the Commission and deliver such checks in such manner and amounts and
at such time as the Commission shall direct. In the event the Trustee shall deem it
necessary to withhold any distribution pending compliance with legal requirements with
respect to probate of wills, appointment of personal representatives, payment of or
provision for estate or inheritance taxes, or for death duties or otherwise, the Trustee shall
withhold payment pending receipt of the instructions from the County Attorney to make
such distribution.
SECTION 8
AMENDMENT AND TERMINATION
This Section 8 shall apply only to the extent that it does not otherwise conflict with applicable
Georgia law, including, but not limited to, Article I, Section 1, Paragraph X of the Georgia
Constitution.
8.01 Amendment of the Plan. The County shall have the right at any time pursuant to
authorization of the Commission, to amend any or all of the provisions of the Plan;
provided, however, that no such amendment shall authorize or permit any part of the
Fund to be diverted to purposes other than for the exclusive benefit of Participants and
their Payees; and further provided, that no amendment shall have the effect of revesting
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in the County any portion of such Fund except such amounts which remain in the Fund
after termination of the Plan and after all liabilities under the Plan have been satisfied.
8.02 Termination of the Plan.
(a) The County expects this Plan to be continued indefinitely but, of necessity,
reserves the right to terminate the Plan and its contributions thereunder at any
time by action of the Commission; provided, however, that should the County
terminate the Plan or completely discontinue contributions hereunder so as the
amount to a Plan termination, the accrued benefit of each Participant, to the extent
then funded, shall become fully vested and nonforfeitable as the date of
termination.
(b) In the event of termination of the Plan and upon receipt of written notice of such
termination, the Commission shall arrange for the Fund to be apportioned and
distributed in accordance with the following procedure:
(1) The Commission shall determine the date of distribution and asset value of
the Fund to be distributed, taking into account the expenses of distribution.
(2) The Commission shall determine the method of distribution of the asset
value -- that is, whether distribution to each Participant or Payee entitled
to benefits shall be by payment in a lump-sum cash amount, the purchase
of an annuity from an insurance company, or otherwise.
(3) The Commission shall apportion the asset value in the priority and manner
set forth below, on the basis that the amount required to provide any given
retirement benefit shall mean the actuarially computed single-sum value of
such benefit, except that if the method of distribution determined under
paragraph B of this Section involves the purchase of an insured annuity,
the amount required to provide the given retirement benefit shall mean the
single premium payable for such annuity:
A. An amount equal to each Participant’s Contributions under the Plan with
Interest, less the aggregate amount of any benefit payments previously made with respect to such
Participant, will be determined and such amount apportioned from the asset value. Such asset
value, if insufficient to provide such amounts in full will be apportioned among such Participants
in proportion to the amounts determined with respect to them.
B. If there be any asset value remaining after the apportionment under A.
above, apportionment shall next be made with respect to each retired Participant receiving a
retirement benefit hereunder an such date, each person receiving a retirement benefit on such
date on account of a retired (but since deceased) Participant, each Participant who has, by such
date, reached his Normal Retirement Date but has not yet retired, in the amount required to
provide such retirement benefit as of the date of termination of the Plan, less any apportionment
made in (1) above, provided that, if such remaining asset value be less than the aggregate of such
amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced
amounts will be equal to such asset value.
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C. If there be any asset value remaining after the apportionments under A.
and B. above, apportionment shall next be made with respect to each active Participant on such
date who has reached his Early Retirement Date but has not yet retired, in the amount required to
provide such retirement benefit as of the termination date of the Plan, less any apportionment in
A. above, provided that, if such remaining asset value be less than the aggregate of the amounts
apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate
of such reduced values will be equal to such remaining asset value.
D. If there be any asset value remaining after the apportionments under A.,
B., and C. above, apportionment shall next be made with respect to each active Participant on
such date who has completed at lease 10 years of Credited Service and each former Participant
then entitled to a deferred benefit under Section 3.05(b) hereof who has not, by such date,
reached his Normal Retirement Date, none of whom is entitled to an apportionment under B.
above, in the amount required to provide the actuarially determined value of the accrued benefit
as of the termination date of the Plan, less any apportionment in A. above; provided that, if such
remaining asset value be less than the aggregate of the amounts apportioned hereunder, such
latter amounts shall be proportionately reduced so that the aggregate of such reduced values will
be equal to such remaining asset value.
E. If there be any asset value remaining after apportionments under A., B.,
C., or D. above, apportionment shall lastly be made with respect to each active Participant on
such date who is not entitled to an apportionment under B., C., or D. above, in the amount
required to provide the actuarially determined value of the accrued benefit as of the date of
termination of the Plan, less any apportionment in A. above; provided that, if such remaining
asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts
shall be proportionately. reduced so that the aggregate of such reduced values will be equal to
such remaining asset value.
F. In the event that any asset value remains after the full apportionments
specified in paragraphs A., B., C., D., and E. above, such excess shall revert to the County.
(4) The Commission shall cause to be distributed, in accordance with the
manner of distribution determined under subparagraph (b)(2) of this
Section, the amounts apportioned under subparagraph (b)(3) of this
Section.
SECTION 9
MISCELLANEOUS
9.01 Headings. The headings and subheadings in this Plan have been inserted for convenience
of reference only and are to be ignored in any construction of the provisions hereof.
9.02 Construction.
(a) In the construction of this Plan the masculine shall include the feminine and the
singular the plural in all cases where such meanings would be appropriate.
Attachment number 1
Page 38 of 41
Item # 51
LEGAL_US_E # 70724062.5 35
(b) Each Section of this Plan and every part of each Section are declared to be
independent Sections and the holding of any Section or part of any section to be
void shall not affect the other Sections or parts of such Sections, and it is declared
that the other Sections not so held to be void, or parts of Sections not held to be
void would have been enacted regardless of any Section or part of any Section
being held void.
(c) The Plan constitutes a contract, from the effective date of this Act, between the
Commission and the County and each Employee who is or who may hereafter
become entitled to benefits under the Plan, which includes Participants now
existing or that hereafter exist.
(d) This Plan shall be construed in accordance with the laws of the State of Georgia.
9.03 Nonalienation. No benefits payable under the Plan will be subject to the claim or legal
process of any creditor of any Participant or beneficiary, and no Participant or beneficiary
will alienate, transfer, anticipate, or assign any benefits under the Plan, except that
distributions will be made pursuant to (a) qualified domestic relations orders issued in
accordance with Code Section 414 (p), (b) judgments resulting from federal tax
assessments, and (c) as otherwise required by law.
9.04 Legally Incompetent. If any Participant or Payee is a minor, or, in the judgment of the
Commission is otherwise legally incapable of personally receiving and giving a valid
receipt for any payment due him hereunder, the Commission may, unless and until claim
shall have been made by a duly appointed guardian or committee of such person, direct
that such payment or any part thereof be made to such person’s spouse, child, parent,
brother, or sister or other person deemed by the Commission to have incurred expense for
or assumed responsibility for the expenses of such person. Any payment so made shall be
a complete discharge of any liability under this Plan for such payment.
9.05 Benefits Supported Only By Fund. Any person having any claim under the Plan will
look solely to the assets of the Fund for satisfaction. In no event will the County, or any
of its officers, members of the Commission, or agents, be liable in their individual
capacities to any person whomsoever, under the provisions of the Plan.
9.06 Discrimination
The County, through the Commission, shall administer the plan in a uniform and
consistent manner with respect to all Employees and shall not permit discrimination in
favor of officers, supervisory or highly-paid employees.
9.07 Limitation of Liability; Legal Actions. It is expressly understood and agreed by each
Employee who becomes a Participant hereunder, that except for its or their willful
negligence or fraud, neither the County, the Trustee, nor the Commission shall be in any
way subject to any suit or litigation, or to any legal liability, for any cause or reason
whatsoever, in connection with this Plan or its operation, and each such Participant
hereby releases the County, Trustee, Commission, and all its officers and agents from any
and all liability or obligation.
Attachment number 1
Page 39 of 41
Item # 51
LEGAL_US_E # 70724062.5 36
9.08 Claims. Any payment to a Participant, Joint Annuitant, or Beneficiary, or to their legal
representatives, in accordance with the provision of this Plan, shall to the extent thereof
be in full satisfaction of all claims hereunder against the Commission, Trustee, and the
County, any of whom may require such Participant, Beneficiary, or legal representative,
as a condition precedent to such payment, to execute a receipt and release therefore in
such form as shall be determined by the Commission.
9.09 Forfeitures. Forfeitures arising from any cause whatsoever under this Plan shall not be
applied to increase the benefits any Participant would otherwise receive under the Plan at
any time prior to the termination of the Plan or the complete discontinuance of County
contributions hereunder; forfeitures shall be applied to reduce the County’s contributions
under the Plan in the then current or subsequent years.
9.10 Maximum of One Benefit at a Time. There shall not be paid to any person more than one
benefit at a time under the Plan.
9.11 Applications. All applications for pensions shall be made to the Clerk of the
Commission on forms prescribed by the Commission and printed for use in such cases,
and it shall be the duty of the Commission to provide such forms at all times and the
Clerk of the Commission shall immediately transmit such application to the County
Attorney for his approval as to form and procedure, and upon his approval, same shall be
presented to the Commission.
9.12 Report of Treasurer. At the close of each year the Treasurer shall make a written report
to the Commission of funds on hand and liabilities of the Fund, both accrued and
contingent.
9.13 Consequence of Plan Violation. Should any person subject to the Plan or administering
the Plan violate the provisions of the Plan, in addition to any other applicable penalties,
such person shall be guilty of a misdemeanor for such violation, and shall be punished
accordingly under the laws of the state of Georgia.
Attachment number 1
Page 40 of 41
Item # 51
LEGAL_US_E # 70724062.5 37
IN WITNESS WHEREOF, the County has caused this amended Plan to be duly executed
as of the ____ day of ___________ 2006, but effective as of the dates set forth herein.
AUGUSTA GEORGIA, AS SUCCESSOR TO
THE CITY COUNCIL OF AUGUSTA
ATTEST:
____________________________ By:
(Seal) Mayor
Clerk
AUGUSTA GEORGIA, AS SUCCESSOR TO
THE CITY COUNCIL OF AUGUSTA
Mayor
This Ordinance shall be effective as of the dates set forth herein. All ordinances and parts of
Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
APPROVED AND ENACTED by the Augusta-Richmond County Commission, on the
______ day of ______________ 2006.
Mayor
ATTEST:
Clerk
Attachment number 1
Page 41 of 41
Item # 51
CommissionMeetingAgenda
6/19/20072:00PM
1949PensionPlanamendedandrestated
Department:CountyAttorney
caption2:AnordinancetoamendandrestateOrdinanceNo.665 6,
adoptedFebruary20,2002,the"1949CityofAugust a1949
GeorgiaRetirementFund",hereinafterreferredtoa sthe
"Plan",soasthetocomplywiththeInternalReven ueService
LawsandRegulations;torepealconflictingordinan cesor
partsofordinancesinconflictwiththisordinance .
Background:
TheAugusta-RichmondCountyCommissionapprovedthe
restatementofthe1949PensionPlan,asamendedby various
amendatoryactsrelatingthereto,thelastofwhich wasset
forthinOrdinanceNo.6656,adoptedFebruary20,2 002so
astoconformthePlanwithrelevantprovisionsof Federal
LawstoincludeTheTaxEquityandFiscalResponsib ility
Actof1982,theDeficitReductionActof1984,the
RetirementEquityActof1984,theTaxReformActo f1986,
theOmnibusBudgetReconciliationActof1986,The
OmnibusReconciliationActof1987,theTechnicala nd
MiscellaneousRevenueActof1988,theOmnibusBudg et
ReconciliationActof1989andotherapplicablelaw s.Ithas
beenreviewedbytheEmployees'BenefitsCounselan d
submittedtotheInternalRevenueService.TheCity has
receivedafavorabledeterminationletteronitssu bmission
providedthepensionplanisre-adoptedincludinga pproved
amendmentstoreflectchangesinthetaxlaws.Thec hanges
weremadebytheCounsel.Theauthoritytoamendth e
originalordinancehavingbeengrantedbyO.C.G.A.Section
36-35-3,providingforhomerulebymunicipalities andthe
ConstitutionoftheStateofGeorgiaprovidingfor homerule
bycounties.Thepublicwasfurthernotifiedthat acopyof
theproposedOrdinancewasfiledwiththeClerkof the
SuperiorCourtofRichmondCounty,Georgia,forpub lic
examinationandinspection,andcopiesofsamewere
availablewiththeClerkofCommissionforanymemb erof
thepublic.ParticipationinthePlanwasfrozenef fectiveasof
Cover Memo
Item # 52
December31,1986,meaningthatthePlanonlycover s
employeeshiredonorbeforeDecember31,1986and no
employeeshiredafterthatdateareeligibletopar ticipatein
theplan.
Analysis:ItisnecessaryfortheAugusta-RichmondCommission to
restatesaidordinanceandPensionPlaninpreparat ionforre-
openingtoallowfornewparticipantstojoin.Iti sthe
County'sintentiontofullyhonorallbenefitsand rightsthat
PlanparticipantshaveaccruedunderthePlanprior toits
restatement.ThePlanshallbeadministeredandcon strued
accordingly,andthePlan'sAdministratorshallcon strueand
interpreteveryprovisionofthePlan'srestatement ina
mannerthatpreserveseachPlanParticipant'sbenef itsorright
accrued.
FinancialImpact:N/A
Alternatives:None
Recommendation:AmendandrestateOrdinanceNo.6656,the1949City
CouncilofAugusta1949AugustaRetirementSystema nd
anyamendmentsthereaftertocomplywiththeIntern al
RevenueService
Fundsare
Availableinthe
Following
Accounts:
N/A
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 52
LEGAL_US_E # 70626292.5
DRAFT (11/21/2006)
ORDINANCE NO. ________
AN ORDINANCE TO AMEND AND RESTATE ORDINANCE NUMBER 6656,
THE CITY OF AUGUSTA 1949 GENERAL RETIREMENT FUND; ADOPTED
______________________; TO PROVIDE FOR SEVERABILITY; TO REPEAL
CONFLICTING ORDINANCES AND FOR OTHER PURPOSES.
CITY OF AUGUSTA
1949 GENERAL RETIREMENT FUND
As Amended and Restated Effective January 1, 1984
(Except as Otherwise Provided Herein)
Attachment number 1
Page 1 of 39
Item # 52
TABLE OF CONTENTS
Page
LEGAL_US_E # 70626292.5 -i-
INTRODUCTION..........................................................................................................................1
SECTION 1 DEFINITIONS.................................................................................................3
1.01 Accrued Benefit. ...................................................................................................3
1.02 Actuarial Equivalent. .............................................................................................3
1.03 Average Earnings...................................................................................................3
1.04 Beneficiary.............................................................................................................3
1.05 City.........................................................................................................................3
1.06 Code .......................................................................................................................3
1.07 Commission............................................................................................................4
1.08 Committee..............................................................................................................4
1.09 Comptroller............................................................................................................4
1.10 Contributions..........................................................................................................4
1.11 Credited Service.....................................................................................................4
1.12 Deputy Comptroller................................................................................................4
1.13 Earnings..................................................................................................................4
1.14 Effective Date.........................................................................................................5
1.15 Employee................................................................................................................5
1.16 Employer or County...............................................................................................6
1.17 Fund........................................................................................................................6
1.18 Joint Annuitant.......................................................................................................6
1.19 Mayor.....................................................................................................................6
1.20 Participant...............................................................................................................6
1.21 Payee......................................................................................................................6
1.22 Pension Fund Investment Committee ....................................................................6
1.23 Plan.........................................................................................................................6
1.24 Plan Year................................................................................................................6
1.25 Secretary.................................................................................................................6
1.26 Total and Permanent Disability..............................................................................6
1.27 Trust Agreement or Trust.......................................................................................7
1.28 Trustee....................................................................................................................7
SECTION 2 ELIGIBILITY AND PARTICIPATION .........................................................7
Attachment number 1
Page 2 of 39
Item # 52
TABLE OF CONTENTS
(continued)
Page
LEGAL_US_E # 70626292.5 -ii-
2.01 Eligibility................................................................................................................7
SECTION 3 RETIREMENT DATES AND BENEFITS.....................................................7
3.01 Normal Retirement. ...............................................................................................7
3.02 Early Retirement. ..................................................................................................8
3.03 Disability Retirement.............................................................................................9
3.04 Delayed Retirement..............................................................................................10
3.05 Termination of Employment................................................................................11
3.06 Cost-of-Living Adjustment of Benefits................................................................11
3.07 Required Distribution Rules Effective January 1, 1987 Through December
31, 2002................................................................................................................12
3.08 Required Distribution Rules Effective January 1, 2003.......................................14
3.09 Code Section 415 Limit........................................................................................18
3.10 Enhanced Early Retirement for 1996. .................................................................20
3.11 Special Unreduced Early Retirement. .................................................................21
3.12 Rollover Distributions. ........................................................................................22
3.13 Supplemental Retirement Benefit ........................................................................23
SECTION 4 DEATH BENEFITS.......................................................................................23
4.01 Death Prior to Retirement. ...................................................................................23
4.02 Death After Retirement. .....................................................................................24
4.03 Adjusted Benefit. ................................................................................................25
4.04 Designation of Beneficiaries. .............................................................................25
SECTION 5 CONTRIBUTIONS........................................................................................25
5.01 City Contributions. .............................................................................................25
5.02 Participant Contributions. ...................................................................................25
SECTION 6 OPTIONAL FORMS OF RETIREMENT INCOME....................................26
6.01 Description of Options. ......................................................................................26
6.02 Joint Annuitant or Beneficiary. ..........................................................................26
6.03 Cancellation of Election. ....................................................................................27
SECTION 7 ADMINISTRATION OF PLAN....................................................................27
7.01 Administration. ...................................................................................................27
SECTION 8 TRUST FUND AND TRUSTEES.................................................................28
Attachment number 1
Page 3 of 39
Item # 52
TABLE OF CONTENTS
(continued)
Page
LEGAL_US_E # 70626292.5 -iii-
8.01 Trust Fund. .........................................................................................................28
8.02 Amendment of Trust. .........................................................................................28
8.03 Discontinuance of Trust and Vesting. ................................................................29
8.04 Powers of the Commission...................................................................................29
8.05 Investment of Fund. ............................................................................................29
8.06 Taxation. .............................................................................................................30
8.07 Resignation of Trustee. ......................................................................................30
8.08 Successor Trustees. ............................................................................................30
8.09 Disbursements. ...................................................................................................31
SECTION 9 AMENDMENT AND TERMINATION .......................................................31
9.01 Amendment of the Plan. .....................................................................................31
9.02 Termination of the Plan. .....................................................................................31
SECTION 10 MISCELLANEOUS.......................................................................................33
10.01 Headings. ............................................................................................................33
10.02 Construction. .......................................................................................................33
10.03 Nonalienation. ....................................................................................................33
10.04 Benefits Supported Only By Fund. ....................................................................33
10.05 Discrimination. ...................................................................................................33
10.06 Limitation of Liability; Legal Actions. ..............................................................33
10.07 Claims. ................................................................................................................34
10.08 Forfeitures. .........................................................................................................34
10.09 Applications. ......................................................................................................34
10.10 Effect of Extension of the Federal Social Security Act. ....................................34
Attachment number 1
Page 4 of 39
Item # 52
LEGAL_US_E # 70626292.5 1
CITY OF AUGUSTA
1949 GENERAL RETIREMENT FUND
INTRODUCTION
Effective March 1, 1949, the General Assembly of Augusta, Georgia established the “City of
Augusta 1949 Georgia Retirement Fund,” hereinafter referred to as the Plan. Participation in the
Plan was frozen effective as of December 31, 1986, meaning that the Plan only covers
Employees hired on or before December 31, 1986 and no Employees hired after that date are
eligible to participate in the Plan.
On ___________ ___, 2006, the Augusta-Richmond County Commission, as successor to the
City Council of Augusta, approved this restatement of the Plan effective January 1, 1984 (except
as otherwise provided herein) so as to conform the Plan with relevant provisions of the following
federal laws: the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”), the Deficit
Reduction Act of 1984 (“DEFRA”), the Retirement Equity Act of 1984 (“REA”), the Tax
Reform Act of 1986, the Omnibus Budget Reconciliation Act of 1986, the Omnibus Budget
Reconciliation Act of 1987, the Technical and Miscellaneous Revenue Act of 1988, the Omnibus
Budget Reconciliation Act of 1989, the Omnibus Budget Reconciliation Act of 1990
(collectively referred to as “TRA’86”), the Unemployment Compensation Amendments of 1992
(“UCA’92”), the Omnibus Budget Reconciliation Act of 1993 (“OBRA’93”), the Uruguay
Round Agreements Act (“GATT”), the Uniformed Services Employment and Reemployment
Rights Act of 1994 (“USERRA”), the Small Business Job Protection Act of 1996 (“SBJPA”), the
Taxpayer Protection Act of 1997 (“TRA’97”), the Internal Revenue Service Restructuring and
Reform Act of 1998 (“RRA ‘98”), and the Community Renewal Tax Relief Act of 2000 (“CRA”
and together with GATT, USERRA, SBJPA, TRA ‘97, and RRA ‘98 are referred to as “GUST”)
and certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001
(“EGTRRA”), with such EGTRRA amendments being made as good faith compliance with the
requirements of EGTRRA, to be construed in accordance with EGTRRA and guidance issued
thereunder.
It is the City’s intention to fully honor all benefits and rights that Plan Participants have accrued
under the Plan prior to this restatement. The Plan shall be administered and construed
accordingly, and the Plan’s administrator shall construe and interpret every provision of the
Plan’s restatement in a manner that preserves each Plan Participant’s benefits or rights that
accrued prior to ___________ ___, 2006. Nevertheless, any Participant whom the Commission
does not classify as an Employee on or after January 1, 2006 shall have his benefits and rights
determined under the provisions of the Plan that were in effect when the Commission last
classified him or her as an Employee.
Attachment number 1
Page 5 of 39
Item # 52
LEGAL_US_E # 70626292.5 2
Specifically, the restated Plan honors the following pre-2006 Plan provisions in the following
manner:
Plan Provision Prior Section, Per Relevant
Ordinances
Plan Section (as
Adopted in 2006)
Continued Participation for those
employed on 12/31/87
1, 2 2.01
Age 35 limit on participation 2 Superseded and
inapplicable
Funding: Creation and
Administration
3 8
City Contribution 4 5.01
Employee Contributions 4 5.02
Normal Retirement Benefits 5(1) 3.01
Delayed Retirement Benefits 5(2) 3.04
Early Retirement Benefits 5(6) 3.02
Special Unreduced Early
Retirement (20+ years)
5(7) 3.10
Enhanced Early Retirement
Benefits
5A 3.09
Disability Retirement Benefits 5(5), 7 3.03
Continuity of Service 6 1.11
Amount of Retirement Allowance 7 3.01
Cost of Living Adjustments 76(1) 3.06
Alternative Form of Retirement
Allowance
8 6
Surviving Spouse Benefits;
Benefits for widows of Employees
Killed in Line of Duty
8A, 9 4.01, and 4.02
Withdrawal of Contributions 9 5.02(b)
Termination of Employment 9(1) 3.05
Assignment Prohibited 10 10.03
Effect of Extension of Federal
Social Security Act
11 10.10
Plan Construction 12 10.02
The Plan will be administered by the Commission as described in Section 7. All benefits to be
provided under the Plan will be funded under a trust established in accordance with Section 8.
Attachment number 1
Page 6 of 39
Item # 52
LEGAL_US_E # 70626292.5 3
SECTION 1
DEFINITIONS
As used herein, unless otherwise defined or required by the context, the following words and
phrases shall have the meanings indicated:
1.01 Accrued Benefit. The retirement benefit which the Participant has earned as of the date
of determination, calculated under Subsection 3.01(b) on the basis of his Average
Earnings and Credited Service, which is payable as of his Normal Retirement Date in the
form of a life annuity, with a guarantee of the refund of Employee Contributions with
interest for the Participant who dies before receiving an amount of benefit payments that
at least equal his Employee Contributions with interest.
1.02 Actuarial Equivalent.
(a) A benefit of equal value computed on the basis of (i) the 1971 Group Annuity
Mortality Table, and (ii) interest at 6% compounded annually for forms of
payment other than lump sum; the interest rate used to determine the equivalent
lump sum value of monthly benefits will be in the PBGC schedule of immediate
and graded deferred rates in effect on the first day of the Plan Year in which the
benefit is calculated.
(b) Effective January 1, 1995, the table referenced in clause (i) of subsection (a) shall
be a mortality table based on a fixed blend of 50% of the male mortality rates and
50% the female mortality rates from the 83 GAM table, 83 GAM Unisex, as
provided under Revenue Ruling 95-6.
(c) Effective with respect to annuity starting dates on or after December 31, 2002, the
table referenced in clause (i) of subsection (a) shall be a mortality table based
upon a fixed blend of 50% of the unloaded male mortality rates and 50% of the
unloaded female mortality rates underlying the mortality rates in the 1994 Group
Annuity Reserving Table, projected to 2002, 94 GAR, as provided under Revenue
Ruling 2001-62.
1.03 Average Earnings. The monthly average of the Participant’s Earnings for the thirty-six
(36) consecutive calendar months, immediately preceding the earlier to occur of: (a) the
date on which the Participant’s employment with the employer terminates for any reason
or (b) the Participant’s actual retirement date. Average Earnings shall be determined by
dividing the total earnings received by the Participant during the appropriate three (3)
year period, or lesser number of years if applicable, by the number of months for which
he received earnings in such period.
1.04 Beneficiary. The person(s) designated by the Participant in accordance with Section 4.04
who is entitled to receive benefits at the death of a Participant under Sections 4 or 6.
1.05 City. The city of Augusta, Georgia, successor to the Plan through consolidation by the
City Council of Augusta.
1.06 Code. The Internal Revenue Code of 1986 as amended from time to time, and
regulations or rulings issued thereunder.
Attachment number 1
Page 7 of 39
Item # 52
LEGAL_US_E # 70626292.5 4
1.07 Commission. Augusta-Richmond County Commission, as successor to The City Council
of Augusta, Georgia, which Augusta-Richmond County Commission shall act in the dual
capacity of administrator of the Plan and Trustee of the Fund.
1.08 Committee. the pension committee consisting of the Augusta-Richmond County
Commission.
1.09 Comptroller. The elected comptroller of Augusta.
1.10 Contributions. The payments made by the Participants to the Fund in accordance with
Section 5.
1.11 Credited Service.
(a) The number of years of uninterrupted and continuous employment (completed
months expressed as a fractional year) of the Employee with the Employer from
(i) the date he last entered the employment of the Employer, to (ii) the earlier of
his date of termination of employment for any reason or his actual retirement date.
(b) Credited Service will not be interrupted by:
(1) vacation, or approved leave of absence authorized by the Employer of not
more than ninety days in one calendar year;
(2) voluntary or involuntary service in the Armed Forces of the United States
in the time of war;
(3) reelection or reappointment at the end of a term; or
(4) periods of approved leaves of absence during which the Participant incurs
a Total and Permanent Disability within the meaning of Section 3.03,
provided that he recovers from a Total and Permanent Disability and is
reemployed by the Employer as required under Section 3.03(a) or 3.03(b).
(c) For benefit purposes, no Participant will receive any credit for any period of
inactive employment. For vesting purposes, an Employee who has one or more
breaks in employment will receive credit only from his most recent date of
reemployment.
(d) Effective December 12, 1994, notwithstanding anything in the Plan to the
contrary, contributions, benefits, and service credit with respect to qualified
military service shall be provided in accordance with Section 414(u) of the Code.
1.12 Deputy Comptroller. The duly commissioned deputy comptroller of the City.
1.13 Earnings.
(a) The total salary, wages, or remuneration paid to the Participant by the Employer
during any Plan Year. Effective as of January 1, 1998, the term “Earnings” shall
also include any elective deferral (within the meaning of Code Section 402(g)(3))
Attachment number 1
Page 8 of 39
Item # 52
LEGAL_US_E # 70626292.5 5
and any amounts that are deferred by the Employer at the election of the
Employee that are not included in the Employee’s gross income pursuant to Code
Section 125 or 457. Effective January 1, 2001, Earnings shall also include
elective amounts that are not includable in the Employee’s gross income by
reason of Code Section 132(f)(4). With respect to Plan Years from January 1,
1989 through December 31, 1996, the rules of Code Section 414(q)(6) shall apply
in determining a Participant’s Earnings, except that the term ‘family’ includes
only the Participant’s spouse and any lineal descendants who have not attained
age 19 before the end of the Plan Year.
(b) Effective January 1, 2006, a Participant’s Earnings shall be disregarded to the
extent such Earnings exceed $220,000, as such amount may be adjusted from time
to time for increases in the cost of living in accordance with the Code and
regulations thereunder. With respect to Plan Years from January 1, 2005 through
December 31, 2005, “$220,000” in the first sentence of this subsection (b) shall
be replaced with “$210,000”. With respect to Plan Years from January 1, 2004
through December 31, 2004, “$220,000” in the first sentence of this subsection
(b) shall be replaced with “$205,000”. With respect to Plan Years from January
1, 2002 through December 31, 2003, “$220,000” in the first sentence of this
subsection (b) shall be replaced with “$200,000”. With respect to Plan Years
from January 1, 2001 through December 31, 2001, “$220,000” in the first
sentence of this subsection (b) shall be replaced with “$170,000”. With respect to
Plan Years from January 1, 1994 through December 31, 2000, “$220,000” in the
first sentence of this subsection (b) shall be replaced with “$150,000”. With
respect to Plan Years from January 1, 1989 through December 31, 1993,
“$220,000” in the first sentence of this Section 1.13(b) shall be replaced with
“$200,000”. With respect to Plan Years from January 1, 1976 through December
31, 1983, “$220,000” in the first sentence of this subsection (b) shall be replaced
with “$100,000”.
1.14 Effective Date. For purposes of this Plan as restated, except as otherwise set forth herein,
the ‘Effective Date’ shall be January 1, 1984. The Plan was originally established
effective March 1, 1949.
1.15 Employee. Any employee, officer, appointee or electee of the Commission as now
constituted or hereafter constituted, and any employee, officer, appointee or electee under
any official of the City as now constituted or hereafter constituted who is elected by the
vote of the electorate but excluding:
(a) employees of the University Hospital;
(b) the Recorder;
(c) the Assistant Recorder;
(d) employees of the Sinking Fund Commission; and
(e) other officers elected by vote of the electorate.
Attachment number 1
Page 9 of 39
Item # 52
LEGAL_US_E # 70626292.5 6
1.16 Employer or County. Augusta-Richmond County, as successor by consolidation to The
City Council of Augusta and Richmond County, created by 1995 Ga. Laws p. 3648, as
amended.
1.17 Fund. The Fund trust fund created in accordance with the Plan and Trust.
1.18 Joint Annuitant. The person designated by the Participant to receive payments after the
death of the Participant as provided in accordance with Section 3.
1.19 Mayor. The mayor of Augusta, Georgia.
1.20 Participant. An Employee who is eligible to participate in the Plan as provided in Section
2.
1.21 Payee. The Beneficiary or Joint Annuitant designated by the Participant in accordance
with Section 1.04 or 1.18 hereof to receive benefits under the Plan after his death.
1.22 Pension Fund Investment Committee. The pension fund investment committee consisting
of the members of the Augusta-Richmond County Commission-Council, which
committee shall invest the Fund in accordance with Section 8.05.
1.23 Plan. The City of Augusta 1949 General Retirement Fund as contained herein, all
amendments thereto which may hereafter be made and any existing acts of the General
Assembly of Georgia, and or ordinances adopted under the Home Rule provisions of
Georgia law pertaining to the City of Augusta 1949 General Retirement Fund. The Plan
shall include the Trust as hereinafter defined.
1.24 Plan Year. The twelve month period ending December 31 of each year.
1.25 Secretary. The Mayor acting in his capacity as secretary of the Committee.
1.26 Total and Permanent Disability.
(a) The Commission shall determine whether a Participant shall be considered
Totally and Permanently Disabled and the Commission shall declare in its
findings whether or not such disability is permanent and total. The Commission
shall base its determination as to whether a Participant is Totally and Permanently
Disabled on whether the Participant is not able, on account of disability received
in the discharge of his employment duties, to adequately discharge the duties of
his job or office, nor ever will be.
(b) Upon a Participant’s application to the Comptroller stating that he is Totally and
Permanently Disabled, the chief executive of Augusta or other official as
designated by the Augusta-Richmond County Commission shall immediately
designate a physician to examine the applicant and no such retirement shall be
allowed under Section 3.03 unless the physician so appointed files with the Mayor
as the chief executive of Augusta such physician’s affidavit that he has examined
the applicant and found him totally and permanently incapable of pursuing any
gainful occupation; provided, that the applicant if aggrieved by the decision of
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Augusta’s physician may designate a physician on his own part who together with
Augusta’s physician shall designate a third physician and the decision of the
majority of said three (3) physicians shall be the final decision regarding whether
the Participant has incurred a Total and Permanent Disability recommended to the
Commission for its determination, which shall be final and binding.
(c) Notwithstanding anything in this Section 1.26 to the contrary, whether a
Participant is Totally and Permanently Disabled shall be subject to the exclusions
set forth in Section 3.03.
1.27 Trust Agreement or Trust. The agreement of trust between the Commission, in its
capacity as the governing body of the Employer and the Commission, in its capacity as
Trustee, which shall govern the continuation and maintenance of the trust fund, and all
amendments thereto.
1.28 Trustee. The Commission in its capacity as trustee.
1.30 Vested Percentage. Vested Percentage will be determined in accordance with Section
3.05.
SECTION 2
ELIGIBILITY AND PARTICIPATION
2.01 Eligibility. Each Participant in the Plan on December 31, 1996 (according to the Plan
terms then in effect) shall continue to be a Participant, and no other Employee shall be
eligible to participate. In accordance with Ordinance No. 5399, no Employee hired after
February 28, 1987 is eligible to become a Participant in this Plan.
2.02 Special Rules for Pre-1997. Each Participant whom the Commission has not classified as
an Employee on or after January 1, 1997, shall have his rights under the Plan determined
in accordance with any applicable acts of the General Assembly of Georgia and any
ordinances adopted under the ‘home rule’ of Georgia law pertaining to the City of
Augusta 1949 General Retirement Fund as were in effect on the last day of such
classification as an Employee.
SECTION 3
RETIREMENT DATES AND BENEFITS
3.01 Normal Retirement. Normal retirement under the Plan is retirement from the employ of
the City on the Normal Retirement Date. In the event of normal retirement, payment of
the retirement benefit shall be governed by the following provisions of this Section.
(a) Normal Retirement Date, The Normal Retirement Date of a Participant shall be
the first day of the month coincident with or next following the date he reaches:
(1) Age fifty-five (55) if he is a Firefighter or Peace Officer and has at least
twenty-five (25) years of Credited Service; or
(2) Age sixty (60) if he is employed in a capacity other than as a Firefighter or
Peace Officer and has at least twenty-five (25) years of Credited Service.
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For purposes of this Section 3.01, a “peace officer” is defined as any Participant
who is “POST” (Peace Officer Standards and Training) certified and a
“Firefighter” is defined as any Participant who is “FOST” (Firefighter Officer
Standards and Training) certified.
(b) Amount of Retirement Benefit.
(1) If the Participant retires on his Normal Retirement Date on or after
January 1, 1995, the Participant shall receive a monthly retirement benefit
of an amount equal to (i) 2.15% of the Participant’s Average Earnings
multiplied by the number of months of such Credited Service (up to a limit
of 360 months), plus (ii) 1.5% of the Participant’s Average Earnings
multiplied by the number of months of such Credited Service in excess of
the 360 month limit.
(2) Any Participant who retired on or after June 21, 1993 shall receive a
monthly retirement benefit of an amount equal to 1.75% of the
Participant’s average annual rate of pay for the last three years of his or
her service, multiplied by the number of years of such service; provided
that any such Participant may, subject to such rules and regulations as the
City Council may from time to time establish, elect to receive a pension
for his lifetime payable monthly at an annual rate amounting to 2% of his
average annual rate of pay for the last three years of his service, the annual
amount thereof, however, not to exceed 60% of the said average annual
rate of pay.
(3) Any Participant who retired on or after October 9, 1987 shall receive a
monthly retirement benefit of an amount equal to 1% of the Participant’s
average annual rate of pay for the last three years of his or her service,
multiplied by the number of years of such service; provided that any such
Participant may, subject to such rules and regulations as the City Council
may from time to time establish, elect to receive a pension for his or her
lifetime payable monthly at an annual rate amounting to 2% of his or her
average annual rate of pay for the last three years of his service, the annual
amount thereof, however, not to exceed 60% of the said average annual
rate of pay.
(4) Any Participant who retired on or after March 1, 1949 shall receive during
his lifetime a pension, payable monthly, at an annual rate amounting to
1% of his or her average annual rate of pay for the last five years of his
or her service, multiplied by the number of years of such service;
provided, effective March 10, 1966, that any such Participant may, subject
to such rules and regulations as the City Council may from time to time
establish, elect to receive a pension for his or her lifetime payable monthly
at an annual rate amounting to 2% of his or her average annual rate of pay
for the last five years of his or her service, the annual amount thereof,
however, not to exceed 60% of the said average annual rate of pay.
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(c) Payment of Retirement Benefit. The retirement benefit payable in the event of
normal retirement shall be payable on the first day of each month. The first
payment shall be made on the Participant’s Normal Retirement Date and the last
payment shall be the payment due next preceding his date of death, subject to the
provision of Section 4.02.
3.02 Early Retirement. Early retirement under the Plan is retirement from the employ of the
City prior to the Normal Retirement Date. Early retirement shall be authorized only
within five (5) years of the Participant’s Normal Retirement Date, and only if by such
time, the Participant has at least twenty (20) years of Credited Service. In the event of
early retirement under these conditions, payment of the retirement benefit shall be
governed by the following provisions of this Section. Notwithstanding the foregoing, if a
Participant receives special early retirement benefits under Section 3.10 or 3.11, the
Participant shall be ineligible for benefits under this Section 3.02.
(a) Early Retirement Date. The Early Retirement Date of a Participant shall be the
first day of the month coincident with or immediately following the date he retires
from the employ of the City under the provision of this Section.
(b) Amount of Retirement Benefit. A Participant at retirement an his Early
Retirement Date shall at his option receive either:
(1) a deferred monthly retirement benefit commencing on his Normal
Retirement Date, provided he is then alive, equal to an amount computed
in the same manner as for normal retirement in accordance with Section
3.01(b), but based on Credited Service and Average Earnings as of his
Early Retirement Date; or
(2) an immediate monthly retirement commencing on his Early Retirement
Date equal to the benefit determined in Section 3.02(b) above, reduced by
.05 % for each complete month by which the Early Retirement Date of a
Participant precedes his Normal Retirement Date.
(c) Payment of Retirement Benefit: The monthly retirement benefit payable in the
event of early retirement shall be payable on the first day of each month. The first
payment shall be made on the optional date elected by the Participant under
Section 3.02(a) above and the last payment shall be the payment due next
preceding his date of death, subject to Section 4.02.
(d) This Section 3.02 is effective as of April 10, 1971.
3.03 Disability Retirement.
(a) A Participant may retire under the Plan if he becomes Totally and Permanently
Disabled and the Participant:
(1) has incurred the Total and Permanent Disability as a result of injury or
illness incurred in the performance of his employment duties; or
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(2) has incurred the Total and Permanent Disability as a result of injury or
illness from any cause; provided that the Participant has ten (10) years of
Credited Service at the time of the Total and Permanent Disability.
(b) Notwithstanding anything in this Section to the contrary, a Participant shall not be
entitled to receive any disability retirement benefit if the Participant’s disability is
a result of any of the following:
(1) the Participant’s willful misconduct, or
(2) the Participant’s intoxication.
(c) Disability Retirement Date. The Disability Retirement Date of a Participant shall
be the first day of the month which coincides with or next follows the date the
Commission approves payment of the Participant’s disability benefit.
(d) Disability Retirement Benefit. The monthly retirement benefit payable to a
Participant on his Disability Retirement Date shall be equal to one half of the
Participant’s Average Earnings; provided however, that should such Participant
receive any Workmen’s Compensation while so disabled, such Workmen’s
Compensation so received, excluding, medical, doctor, nursing and
hospitalization, shall be subtracted from any pension voucher paid to the
Participant, and he shall receive only the excess of any pension due him after the
subtraction of the amount of Workmen’s Compensation received by him, less any
other indebtedness due the City by the Participant. Such retirement shall herein
be referred to as disability retirement and payment of the disability retirement
benefit shall be governed by the following provisions of this Section.
(e) Payment of Disability Retirement Benefit. The retirement benefit to which a
Participant is entitled in the event of his Total and Permanent Disability shall be
payable on the first day of each month. The first payment shall be made on the
Participant’s Disability Retirement Date and the last payment shall be the
payment due next preceding the earlier of: (a) his date of death, (subject to the
provisions of Section 4.02) or (b) the cessation of his Total and Permanent
Disability prior to his Normal Retirement Date.
(f) Termination of Disability Retirement Benefit. The continuance of any disability
may be inquired into by medical examination, as provided in Section 1.26, upon
the application of any interested party and for good cause shown. If the
Participant’s Disability is discontinued because of the findings of a medical
examination or otherwise, the Commission is hereby authorized to terminate any
retirement payments payable under this Section, to reemploy any rehabilitated
Participant, continue retirement benefits in lieu of reinstatement, or make such
other disposition of the claim for retirement benefits as may be necessary and
proper.
3.04 Delayed Retirement.
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(a) Delayed retirement under the Plan is retirement from the employ of the City after
the Normal Retirement Date but in no event later than:
(1) Age sixty (60) if he is a firefighter or police officer; or
(2) Age seventy (70) if he is employed in a capacity other than as a firefighter
or police offer and has at least twenty-five (25) years of Credited Service.
(b) Notwithstanding anything to the contrary, the Commission shall not interpret this
Section in manner that would violate the Age Discrimination in Employment
Amendments of 1986, as amended. In the event of delayed retirement, payment
of the retirement benefit shall be governed by the following provisions of this
Section.
(c) Delayed Retirement Date. The Delayed Retirement Date of a Participant shall be
the first day of the month coincident with or immediately following the date he
actually retires from the employ of the City after his Normal Retirement Date in
accordance with this subsection (A) of this Section.
(d) Amount of Retirement Benefit. The monthly retirement benefit payable to a
Participant who retires on his Delayed Retirement Date shall be an amount
computed in the same manner as for normal retirement in accordance with Section
3.01(b), but based on Credited Service and Average Earnings as of his actual
retirement date; provided, however, such amount shall not be less than the
monthly benefit the Participant would have received had he retired on his Normal
Retirement Date.
(e) Payment of Retirement Benefit. The retirement benefit payable in the event of
delayed retirement shall be payable on the first day of each month. The first
payment shall be made on the Participant’s Delayed Retirement Date and the last
payment shall be the payment due next preceding his date of death, subject to
Section 4.02.
3.05 Termination of Employment.
(a) A Participant who terminates employment with the City before otherwise
becoming eligible for retirement benefits under this Section 3, but after having
completed at least fifteen (15) years of Credited Service and attaining the age of
forty five (45) shall have a right to the ‘Vested Percentage’, as defined in
subsection (b) of this Section 3.05, of his Accrued Benefits in lieu of withdrawal
of his Contributions, if any, under Section 5.02(b). Provided that the Participant
is alive at such date, such benefits will be payable at the Participant’s Normal
Retirement Date and in such amount as provided in Section 3.01(b) without
reduction, or at the Participant’s Early Retirement Date but subject to such
reduction as provided in Section 3.02(b)(2).
(b) For purposes of this Section, “Vested Percentage” shall mean 50% of the
Participant’s Accrued Benefit plus an additional 10% of his Accrued Benefit for
each year of Credited Service in excess of 15 years up to a maximum Vested
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Percentage of 100%. For purposes of this Section, Accrued Benefit shall be
determined as of the Participant’s date of termination of employment, and shall
otherwise be determined in the same manner as for normal retirement benefits but
reflecting the Participant’s Credited Service and Average Earnings determined as
of the date of the Participant’s employment termination.
(c) This Section 3.05 is effective as of April 10, 1971.
3.06 Cost-of-Living Adjustment of Benefits. Effective April 10, 1971, all retirement and
disability benefits received under this Section 3 shall be adjusted annually pursuant to
this Section 3.06.
(a) For purposes of this Section, “Index Ratio” means the ratio attained by dividing
the “Consumer Price Index” (as determined by the Bureau of Labor Statistics of
the United States Department of Labor) for the current calendar year by the
Consumer Price Index for the calendar year immediately preceding the current
calendar year.
(1) Index Ratio of 1.02 or More – If the Index Ratio is 1.02 or greater, the
retired Participant’s monthly retirement benefit will be increased in
accordance with subsection (B) of this Section.
(2) Index Ratio of Between .96 and 1.01 – If the Index Ratio is between .96
and 1.01, the retired Participant’s monthly retirement benefit will not be
adjusted pursuant to subsection (B) of this Section, and the Consumer
Price Index for the current year ending on December 31st shall be replaced
by the Consumer Price Index for the year ending on December 31st when
the Participant’s retirement benefits were last adjusted.
(3) Index Ratio of .95 or Less- If the Index Ratio is .95 or less, the retired
Participant’s monthly retirement benefit will be decreased in accordance
with subsection (B) of this Section.
(b) On the December 31st coinciding with or next following the date of the
Participant’s date of actual retirement under this Section 3 (the “December 31
Following Retirement”), the Consumer Price Index for the year ending on such
December 31 Following Retirement shall be posted to the retired Participant’s
retirement record. Subject to Subsection (A) of this Section, on each anniversary
of the December 31 Following Retirement while the retired Participant is
receiving monthly retirement benefits under this Section 3, the monthly retirement
benefits shall be adjusted on April 1 of each year by multiplying the amount of
the annual retirement benefit received during the previous calendar year by the
Index Ratio.
3.07 Required Distribution Rules Effective January 1, 1987 Through December 31, 2002.
(a) Payment to the Participant.
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(1) Any other provision of the Plan notwithstanding, the Plan will cash-out
each Participant’s Accrued Benefit, or will begin annuity payments, no
later than the April 1 following the calendar year in which he retires, or
the later calendar year in which he reaches age 70½.
(2) The Plan will pay the Accrued Benefit over a period not extending beyond
the Participant’s lifetime or life expectancy, or over a period not extending
beyond the joint and last survivor life expectancies of the Participant and
his spouse or other beneficiary, using age(s) attained as of the end of the
calendar year in which the Participant retires (or reaches age 70½ if later),
and the Accrued Benefit as of that date. However, if the beneficiary of a
joint and survivor annuity form of payment is not the spouse and is more
than 10 years younger than the Participant, payments to the beneficiary
will not exceed the applicable percentage of the Participant’s benefit
payments required by the incidental benefit rule. The Commission will
not recalculate the life expectancy(s).
(b) Participant’s Death After Benefits Begin. If the Participant dies after his
payments have begun in a survivor annuity form, the Commission will pay the
survivor benefits at least as rapidly as under the form of annuity in effect before
his death.
(c) Participant’s Death Before Benefits Begin. If the Participant dies before his
payments have begun, the Commission will pay his entire Accrued Benefit no
later than December 31 of the calendar year which contains the fifth anniversary
of his death. However, this five-year rule will not apply if the primary
Beneficiary is an individual and circumstances permit the Commission to use the
exception described below.
(1) Surviving Spouse as Primary Beneficiary. If the Participant’s surviving
spouse is the Beneficiary, the Commission will begin payments not later
than the end of the calendar year during which the Participant would have
reached age 70½, and will continue payments over a period not extending
beyond the Participant’s spouse’s life expectancy, using age attained as of
that date and not recalculated.
(2) Non-Spouse Primary Beneficiary. If the Beneficiary is an individual other
than the Participant’s spouse, the Commission will begin payments not
later than the last day of the calendar year following the year in which the
Participant’s death occurs, and will continue payments over a period not
extending beyond the Beneficiary’s life, or life expectancy determined as
of that date and not recalculated. If the Beneficiary dies before receiving
120 payments under the ten years certain and life annuity described in
Section 6.01(a), the Commission will continue to use the primary
Beneficiary’s life expectancy for purposes of making payments to an
individual contingent Beneficiary.
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(d) Compliance with Code Section 401(a)(9). Effective January 1, 1987, it is the
intent of the Commission that this Section provide that the beginning dates and
payment periods of benefits payable to each Participant and Beneficiary will be
within the limitations permitted under Code Section 401(a)(9), as in effect from
time to time, and the proposed regulations under Code Section 401(a)(9)
published in the Federal Register on July 27, 1987, 52 FR 28070. If there is any
discrepancy between this Section 3.07 and Code Section 401(a) (9) and its
associated regulations, that Code Section and regulations will prevail.
3.08 Required Distribution Rules Effective January 1, 2003.
(a) General Rules.
(1) Precedence. The requirements of this article will take precedence over
any inconsistent provisions of the Plan.
(2) Requirements of Treasury Regulations Incorporated. All distributions
required under this Section 3.08 will be determined and made in
accordance with the Treasury regulations under Section 401(a)(9) of the
Internal Revenue Code.
(b) Time and Manner of Distribution.
(1) Required Beginning Date. The Participant’s entire interest will be
distributed, or begin to be distributed, to the Participant no later than the
participant’s Required Beginning Date.
(2) Death of a Participant Before Distributions Begin. If the Participant dies
before the distributions begin, the Participant’s entire interest will be
distributed, or begin to be distributed, no later than as follows:
A. If the Participant’s surviving spouse is the Participant’s sole Designated
Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar
year immediately following the calendar year in which the Participant died, or by December 31
of the calendar year in which the Participant would have attained age 70 1/2, if later.
B. If the Participant’s surviving spouse is not the Participant’s sole
Designated Beneficiary, then distributions to the Designated Beneficiary will begin by December
31 of the calendar year immediately following the calendar year in which the Participant died.
C. If there is no Designated Beneficiary as of September 30 of the year
following the year of the Participant’s death, the Participant’s entire interest will be distributed
by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
D. If the Participant’s surviving spouse is the Participant’s sole Designated
Beneficiary and the surviving spouse dies after the Participant but before distributions to the
surviving spouse begin, this Section 3.08(b)(2), other than section 3.08(b)(2)A., will apply as if
the surviving spouse were the participant.
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For purposes of this section 3.08(b)(2) and section 3.08(e), distributions are considered to begin
on the Participant’s Required Beginning Date (or, if section 3.08(b)(2)D. applies, the date
distributions are required to begin to the surviving spouse under section 3.08(b)(2)A.). If annuity
payments irrevocably commence to the Participant before the Participant’s Required Beginning
Date (or to the Participant’s surviving spouse before the date distributions are required to begin
to the surviving spouse under section 3.08(b)(2)A.), the date distributions are considered to begin
is the date distributions actually commence.
(3) Form of Distribution. Unless the Participant’s interest is distributed in the
form of an annuity purchased from an insurance company or in a single
sum on or before the Required Beginning Date, as of the first distribution
calendar year distributions will be made in accordance with Sections
3.09(c), 3.09(d) and 3.09(e) hereof. If the Participant’s interest is
distributed in the form of an annuity purchased from an insurance
company, distributions thereunder will be made in accordance with the
requirements of Code Section 401(a)(9) and the Treasury regulations.
Any part of the Participant’s interest which is in the form of an individual
account described in Code Section 414(k)will be distributed in a manner
satisfying the requirements of Code Section 401(a)(9) and the Treasury
regulations that apply to individual accounts.
(c) Determination of Amount to be Distributed Each Year.
(1) General Annuity Requirements. If the Participant’s interest is paid in the
form of annuity distributions under the Plan, payments under the annuity
will satisfy the following requirements:
A. the annuity distributions will be paid in periodic payments made at
intervals not longer than one year;
B. the distribution period will be over a life (or lives) or over a period certain
not longer than the period described in section 4 or 5;
C. once payments have begun over a period certain, the period certain will
not be changed even if the period certain is shorter than the maximum permitted;
D. payments will either be nonincreasing or increase only as follows:
(i) by an annual percentage increase that does not exceed the
annual percentage increase in a cost-of-living index that is based on prices of all items and issued
by the Bureau of Labor Statistics;
(ii) to the extent of the reduction in the amount of the
participant’s payments to provide for a survivor benefit upon death, but only if the beneficiary
whose life was being used to determine the distribution period described in section 4 dies or is no
longer the participant’s beneficiary pursuant to a qualified domestic relations order within the
meaning of section 414(p);
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(iii) to provide cash refunds of employee contributions upon the
participant’s death; or
(iv) to pay increased benefits that result from a plan
amendment.
(2) Amount Required to be Distributed by Required Beginning Date. The
amount that must be distributed on or before the Participant’s Required
Beginning Date (or, if the participant dies before distributions begin, the
date distributions are required to begin under section 3.08(b)(2)A. or
3.08(b)(2)B.) is the payment that is required for one payment interval.
The second payment need not be made until the end of the next payment
interval even if that payment interval ends in the next calendar year.
Payment intervals are the periods for which payments are received, e.g.,
bi-monthly, monthly, semi-annually, or annually. All of the Participant’s
benefit accruals as of the last day of the first distribution calendar year will
be included in the calculation of the amount of the annuity payments for
payment intervals ending on or after the Participant’s Required Beginning
Date.
(3) Additional Accruals After First Distribution Calendar Year. Any
additional benefits accruing to the Participant in a calendar year after the
first distribution calendar year will be distributed beginning with the first
payment interval ending in the calendar year immediately following the
calendar year in which such amount accrues.
(d) Requirements for Annuity Distributions that Commence During Participant’s
Lifetime.
(1) Joint Life Annuities Where the Beneficiary is Not the Participant’s
Spouse. If the Participant’s interest is being distributed in the form of a
joint and survivor annuity for the joint lives of the Participant and a
nonspouse beneficiary, annuity payments to be made on or after the
Participant’s Required Beginning Date to the Designated Beneficiary after
the Participant’s death must not at any time exceed the applicable
percentage of the annuity payment for such period that would have been
payable to the Participant using the table set forth in Q&A-2 of section
1.401(a)(9)-6T of the Treasury regulations. If the form of distribution
combines a joint and survivor annuity for the joint lives of the Participant
and a nonspouse beneficiary and a period certain annuity, the requirement
in the preceding sentence will apply to annuity payments to be made to the
Designated Beneficiary after the expiration of the period certain
(2) Period Certain Annuities. Unless the Participant’s spouse is the sole
Designated Beneficiary and the form of distribution is a period certain and
no life annuity, the period certain for an annuity distribution commencing
during the Participant’s lifetime may not exceed the applicable distribution
period for the Participant under the Uniform Lifetime Table set forth in
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section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that
contains the annuity starting date. If the annuity starting date precedes the
year in which the Participant reaches age 70, the applicable distribution
period for the Participant is the distribution period for age 70 under the
Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury
regulations plus the excess of 70 over the age of the Participant as of the
Participant’s birthday in the year that contains the annuity starting date. If
the Participant’s spouse is the Participant’s sole Designated Beneficiary
and the form of distribution is a period certain and no life annuity, the
period certain may not exceed the longer of the Participant’s applicable
distribution period, as determined under this Section 3.08(d)(2), or the
joint life and last survivor expectancy of the Participant and the
Participant’s spouse as determined under the Joint and Last Survivor Table
set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the
Participant’s and spouse’s attained ages as of the Participant’s and
spouse’s birthdays in the calendar year that contains the annuity starting
date.
(e) Requirements for Minimum Distributions Where Participant Dies Before Date
Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies
before the date distribution of his or her interest begins and there is a
Designated Beneficiary, the Participant’s entire interest will be distributed,
beginning no later than the time described in section 3.08(b)(2)A. or
3.08(b)(2)B., over the life of the Designated Beneficiary or over a period
certain not exceeding:
A. unless the annuity starting date is before the first distribution calendar
year, the life expectancy of the Designated Beneficiary determined using the beneficiary’s age as
of the beneficiary’s birthday in the calendar year immediately following the calendar year of the
Participant’s death; or
B. if the annuity starting date is before the first distribution calendar year, the
life expectancy of the Designated Beneficiary determined using the beneficiary’s age as of the
beneficiary’s birthday in the calendar year that contains the annuity starting date.
(2) No Designated Beneficiary. If the Participant dies before the date
distributions begin and there is no Designated Beneficiary as of September
30 of the year following the year of the Participant’s death, distribution of
the Participant’s entire interest will be completed by December 31 of the
calendar year containing the fifth anniversary of the participant’s death.
(3) Death of Surviving Spouse Before Distributions to Surviving Spouse
Begin. If the Participant dies before the date distribution of his or her
interest begins, the Participant’s surviving spouse is the Participant’s sole
Designated Beneficiary, and the surviving spouse dies before distributions
to the surviving spouse begin, this section 5 will apply as if the surviving
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spouse were the Participant, except that the time by which distributions
must begin will be determined without regard to section 2.2(a).
(f) Definitions. For purposes of this Section 3.08, the capitalized terms used herein
shall have the following meanings:
(1) Designated Beneficiary. The individual who is designated as the
Beneficiary under Section 4.04 of the Plan and is the designated
beneficiary under section 401(a)(9) of the Internal Revenue Code and
section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.
(2) Distribution Calendar Year. A calendar year for which a minimum
distribution is required. For distributions beginning before the
Participant’s death, the first distribution calendar year is the calendar year
immediately preceding the calendar year which contains the Participant’s
Required Beginning Date. For distributions beginning after the
Participant’s death, the first distribution calendar year is the calendar year
in which distributions are required to begin pursuant to section 3.08(b)(2).
(3) Life Expectancy. Life expectancy as computed by use of the Single Life
Table in section 1.401(a) (9)-9 of the Treasury regulations.
(4) Required Beginning Date. April 1 of the calendar year following the later
of the calendar year in which the Participant attains age 70½ or the
calendar year in which the Participant retires from employment with the
City.
3.09 Code Section 415 Limit.
(a) Definitions. When used in this Section 3.09, the following terms shall have the
definitions set forth in this Section 3.09(a).
(1) Defined Benefit Dollar Limitation.
A. Effective as of January 1, 1976, the “Defined Benefit Dollar Limitation” is
$75,000 (subject to adjustments required under applicable law for employee contributions) as
adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as
the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A
limitation as adjusted under Section 415(d) will apply to limitation years ending with or within
the calendar year for which the adjustment applies.
B. Effective as of January 1, 1983, the “Defined Benefit Dollar Limitation” is
$90,000 (subject to adjustments required under applicable law for employee contributions) as
adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as
the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A
limitation as adjusted under Section 415(d) will apply to limitation years ending with or within
the calendar year for which the adjustment applies.
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C. Effective as of January 1, 2002, the "Defined Benefit Dollar Limitation” is
$160,000 (subject to adjustments required under applicable law for employee contributions) as
adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as
the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A
limitation as adjusted under Section 415(d) will apply to limitation years ending with or within
the calendar year for which the adjustment applies.
(2) Defined Benefit Compensation Limitation. The “Defined Benefit
Compensation Limitation” is 100% of Participant’s average compensation
for his or her high 3 years of employment with the City.
(3) Maximum Permissible Benefit. The “Maximum Permissible Benefit” is
the lesser of the Defined Benefit Dollar Limitation or the Defined Benefit
Compensation Limitation (both adjusted where required, as provided in
paragraphs (A) of (B) of this Section 3.09(a)(1).
(4) Minimum Age.
A. Effective as of January 1, 1976, the “Minimum Age” is 55.
B. Effective as of January 1, 1983, the “Minimum Age” is 62.
(5) Maximum Age. Effective as of January 1, 1983, the “Maximum Age” is
65.
(b) Limitation on Benefits.
(1) Effective January 1, 1976 and subject to this Section 3.09, in no event will
the annual benefits payable to any Participant exceed the Maximum
Permissible Benefit at the time the Participant ceases to accrue Credited
Service.
(2) In accordance with Code Section 415(b)(10), notwithstanding anything in
this Section 3.09 to the contrary, for purposes of Employees who became
Participants before January 1, 1990, the benefit limitations contained in
this Section 3.09 shall not be less than such Participant’s Accrued Benefit
under the Plan (as determined without regard to any Plan amendment
made after October 14, 1987).
(c) Adjustments to the Defined Benefit Dollar Limitation.
(1) Effective as of January 1, 1976, if the retirement benefit of a Participant
begins prior to the Minimum Age, the Defined Benefit Dollar Limitation
applicable to the Participant at such earlier age is an annual benefit
payable in the form of a straight life annuity beginning at the earlier age
that is the Actuarial Equivalent of the Defined Benefit Dollar Limitation
applicable to the Participant at the Minimum Age (adjusted as required
pursuant to this Section 3.09). The Defined Benefit Dollar Limitation
applicable at an age lesser than the Minimum Age is determined as the
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lesser of: (i) the actuarial equivalent (at such age) of the Defined Benefit
Dollar Limitation computed using the interest rate and mortality table (or
other tabular factor) specified in Section 1.02 of the Plan and (ii) the
actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation
computed using a 5 percent interest rate and the applicable mortality table
as defined in Section 1.02 of the Plan. Any decrease in the Defined
Benefit Dollar Limitation determined in accordance with this Section 3.09
shall not reflect a mortality decrement if benefits are not forfeited upon the
death of the Participant. If any benefits are forfeited upon death, the full
mortality decrement is taken into account.
(2) Effective as of January 1, 1983, if the benefit of a Participant begins after
the Participant attains the Maximum Age, the Defined Benefit Dollar
Limitation applicable to the Participant at such later age is the annual
benefit payable in the form of a straight life annuity beginning at the later
age that is actuarially equivalent to the Defined Benefit Dollar Limitation
applicable to the Participant at the Maximum Age (adjusted as required
pursuant to this Section 3.09). The actuarial equivalent of the Defined
Benefit Dollar Limitation applicable at an age after the Maximum Age is
determined as (i) the lesser of the actuarial equivalent (at such age) of the
Defined Benefit Dollar Limitation computed using the interest rate and
mortality table (or other tabular factor) specified in Section 1.02 of the
Plan and (ii) the actuarial equivalent (at such age) of the Defined Benefit
Dollar Limitation computed using a 5 percent interest rate assumption and
the applicable mortality table as defined in Section 1.02 of the Plan. For
these purposes, mortality between the Maximum Age and the age at which
benefits commence shall be ignored.
(3) Notwithstanding anything in this Section 3.09 to the contrary, benefit
increases resulting from the increase in the Defined Benefit Dollar
Limitation pursuant to Section 3.09(a)(1)C shall be limited to all
Participants who have one hour of Credited Service on or after the first
day of the first limitation year ending after December 31, 2001.
(4) Notwithstanding anything in this Section 3.09 to the contrary, in the case
of a Participant who has fewer than 10 years of Credited Service, the
Defined Benefit Dollar Limitation shall be multiplied by a fraction, (i) the
numerator of which is the number of years of Credited Service and (ii) the
denominator of which is 10.
(5) Notwithstanding anything in this Section 3.09 to the contrary, effective as
of January 1, 1987, the annual benefit of any Participant who is a police
officer or firefighter and who has at least 15 years of Credited Service may
be determined without regard to Section 3.09(c)(1).
(d) For distributions commencing prior to January 1, 2002 and for Participants who
do not have one hour of Credited Service after this date, the City shall, to the
extent required by the Economic Growth and Tax Relief Reconciliation Act of
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2001 and in accordance with the Code, apply the limitations contained in Code
Section 415, as in effect at the time the distribution commenced; subject to the
disregard of Code Section 415(e) for distributions occurring after January 1, 2000.
(e) Effective as of January 1, 1976 through December 31, 1999, the limitation
established by Section 415(e) of the Code (as in effect from time to time) shall
apply to the calculation of any Participant’s annual benefit.
3.10 Enhanced Early Retirement for 1996. Participants who have attained, or who will have
attained, the age of 50 on or before December 31, 1996, and who have completed 5 years
of Credited Service as of July 1, 1996, and who are employed by Augusta on September
3, 1996, may elect to receive retirements benefits under this Section. Such election must
be made on a form designated by the City between October 1, 1996 and 4:00 p.m. on
December 23, 1996. Any Participant electing to retire early pursuant to this Section shall
have until 4:00 p.m. on the seventh (7th) day following such election to revoke same.
(a) Enhanced Early Retirement Dates. The Enhanced Early Retirement Date of a
Participant shall be the first day of the month next following the date he retires
from the employ of the City under the provisions of this Section.
(b) Amount of Retirement Benefits. The monthly retirement benefit payable to a
Participant who retires on his Enhanced Early Retirement Date shall be an amount
equal to 2.15% of his Average Earnings for the last three years of his Credited
Service, multiplied by the total number of years of Credited Service, plus an
additional ten (10) years of Credited Service to be added to the years of Credited
Service for purposes of computing the amount of the retirement benefit, up to 30
years plus 1.5% of his Average Earnings multiplied by the number of years of
Credited Service in excess of thirty (30) years, up to a maximum of one hundred
percent (100%) of average Earnings for the Participant’s high three (3) years of
Earnings, any contrary provision of this Plan notwithstanding. The amount of the
monthly enhanced retirement benefit shall not be reduced for any month or time
period by which the Early Retirement Date of a Participant precedes his Normal
Retirement Date, notwithstanding any other provision of this Plan to the contrary.
(c) Prerequisite for Electing Early Retirements. Any Participant electing Enhanced
Early Retirement shall be required to execute a covenant not to sue in favor of the
City and its officials, agents, and employees for any and all claims arising out of
such employee’s employment by the City, and agreeing not to seek or accept any
further employment by the City, or its constitutional and elected officials. This
provision shall not be construed as prohibiting any such person from seeking any
elective position by the City.
3.11 Special Unreduced Early Retirement. If a Participant with at least twenty (20) years of
Credited Service is permanently separated from the service involuntarily by action of the
Commission without any fault on the Participant’s part, as determined by the
Commission in its sole discretion, the Participant may elect to collect Plan benefits under
this Section in lieu of any other Section of this Plan; provided, however, no Participant
shall draw any benefits under this Section, and such benefits shall be forfeited, if the
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Participant is offered another position with the City of Augusta with no reduction in
Earnings.
(a) Special Retirement Date. The Special Retirement Date of a Participant shall be
the first day of the month which coincides with or next follows the date the
Participant elects to retire under the provision of this Section.
(b) Amount of Special Unreduced Retirement Benefit. A Participant at retirement
under this Section shall receive a monthly retirement benefit, commencing on his
Special Retirement Date, provided he is then alive, equal to the amount computed
in the same manner as for normal retirement in accordance with Section 3.01(b),
but based on Credited Service and Earnings as of the Special Retirement Date.
(c) Payment of Special Retirement Benefit. The monthly retirement benefit payable
in the event of special retirement shall be payable on the first day of each month.
The first payment shall be made on the Special Retirement Date and the last
payment shall be the payment due next preceding his date of death, subject to the
provision of Section 4.02.
3.12 Rollover Distributions. Except where otherwise provided, Section 3.12 shall apply to
benefits payable, but only to the extent required by the plan qualification rules of Section
401(a) of the Code.
(a) Effective January 1, 1993, notwithstanding any contrary provision of the Plan, a
Distributee may elect, at the time and in the manner prescribed by the City, to
have any portion of an Eligible Rollover Distribution paid directly to an Eligible
Retirement Plan specified by the Distributee in a Direct Rollover.
(b) The special capitalized terms used only in this Section 3.12 shall have the
meanings specified below:
(1) “Direct Rollover” means a payment by the Plan to the Eligible Retirement
Plan specified by the Distributee.
(2) “Distributee” means a Participant. In addition, a Participant’s surviving
spouse and a Participant’s spouse or former spouse who is the alternate
payee under a qualified domestic relations order, as defined in Section
414(p) of the Code, are Distributees with regard to the interest of the
spouse or former spouse.
(3) “Eligible Retirement Plan” means an individual retirement account
described in Section 408(a) of the Code, an annuity plan described in
Section 403(a) of the Code, an annuity contract described in Section
403(b) of the Code, or a qualified trust described in Section 401(a) of the
Code that accepts the Distributee’s Eligible Rollover Distribution.
Effective for Plan Years ending before January 1, 2002, in the case of an
Eligible Rollover Distribution to the Employee’s or former Employee’s
surviving spouse, an Eligible Retirement Plan shall mean only an
individual retirement account or individual retirement annuity. Effective
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as of January 1, 2002, the definition of “Eligible Retirement Plan” shall
also apply to an annuity contract described in Section 403(b) of the Code,
an eligible plan under Section 457(b) of the Code which is maintained by
a state, political subdivision of a state, or any agency or instrumentality of
a state or political subdivision of a state and which agrees to separately
account for amounts transferred into such plan from this Plan, and in the
case of a distribution to an Employee’s surviving spouse, or to a spouse or
former spouse who is the alternate payee under a qualified domestic
relations order, as defined in Section 414(p) of the Code.
(4) “Eligible Rollover Distribution” means any distribution of all or any
portion of the Accrued Benefit to the credit of the Distributee, except that
an Eligible Rollover Distribution does not include: (1) any distribution
that is one of a series of substantially equal periodic payments (not less
frequently than annually) made for the life (or life expectancy) of the
Distributee or the joint lives (or joint life expectancies) of the Distributee
and the Distributee’s designated Beneficiary, or for a specified period of
ten years or more; (2) any distribution to the extent such distribution is
required under Section 401(a)(9) of the Code; and (3) the portion of any
distribution that is not includible in gross income. Effective as of January
1, 2002, notwithstanding the foregoing, any amount that is distributed on
account of hardship, to the extent allowed under the Plan, shall not
constitute an Eligible Rollover Distribution.
3.13 Supplemental Retirement Benefit: Beginning as of January 6, 1998, Participants who
retired pursuant to Section 3 prior to January 1, 1995 shall receive, in addition to their
monthly retirement benefits, a payment of two thousand dollars ($2,000.00) per annum
until their death or termination of their participation; provided however, should any court
of competent jurisdiction determine that such supplemental retirement benefits are illegal
or invalid for any reason, this Section shall be repealed immediately upon such order
becoming final.
SECTION 4
DEATH BENEFITS
4.01 Death Prior to Retirement.
(a) Non-Duty Connected Death. If an Employee who became a Participant on or
after March 18, 1985 dies before retirement, or after retirement without having
made the election provided in Section 6, or in case of the death of the survivor of
a Participant who has made such election and his spouse after his retirement, his
Contributions to the fund, plus interest compounded annually at a rate equal to
that average rate of interest earned on investments of the Fund for the twelve (12)
month period immediately preceding his actual date of retirement under Section 3,
less any retirement allowance paid to him or his spouse, shall be paid from the
Fund on the order of the pension commission to the Beneficiary or Beneficiaries,
if any, named by such Participant. All Participants in the Plan prior to March 18,
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1985 shall receive the amounts described in the previous sentence without
interest.
(b) Duty Connected Death.
(1) This paragraph shall only apply if the Participant has not made an election
pursuant to Section 6, and the Participant’s widow is not receiving benefits
under subsection (b)(2) of this Section. Effective October 9, 1987, the
surviving spouse of any Participant shall be entitled to a survivor pension,
provided that the Participant dies while employed by the City, and at the
time of death, shall have attained at least age fifty-five (55), with a
minimum of ten (10) years of Credited Service. The amount of the
survivor pension shall equal one-hundred percent (100%) of the retirement
benefit calculated under Section 3.01(b). For purposes of calculating the
retirement benefit under Section 3.01(b) to determine the amount of the
survivor pension, the Participant shall be considered to have retired on his
date of death. Notwithstanding anything in this Section to the contrary,
but subject to the requirements of a proper qualified domestic relations
order pursuant to Section 414(p) of the Code, in the event of the death or
divorce from the Participant’s designated Beneficiary, the Participant may
change the Participant’s designated Beneficiary.
(2) This paragraph (b)(2) shall only apply if the Participant has not made an
election pursuant to Section 6, and the widow is not receiving benefits
under subsection (b)(1) of this Section. Effective March 10, 1966, the
widow of a Participant who is killed in line of duty, as hereinafter defined,
may elect, in lieu of receiving a refund of pension contributions under the
provisions of the Plan, to receive a pension computed at twenty-five
percent (25%) of the Participant’s monthly salary or wages at the time of
his death, which shall be payable monthly to the widow, until her death or
remarriage, or in the event of her death leaving a child or children of the
Participant surviving her, who have not reached their 18th birthday,
pension shall be continued to be paid for the benefit of such child or
children as long as they remain unmarried and until they reach their 18th
birthday; and if there be no widow living at the time of the death of such
Participant killed is herein defined, but there be a child or children of
Participant living as of date who have not reached their 18th birthday, the
guardian of children may make a similar election as that provided for a
widow and, in the event such election is made, a pension in amount shall
be paid for the benefit of such child or children as long as they remain
unmarried and until they reach their 18th birthday.
(3) As used in this Section 4.01(b), “killed in line of duty” shall mean killed
while actively performing the prescribed duties of the Participant’s job and
not resulting from any misconduct or negligence of such Participant;
provided, however, that no payments shall be made under the provisions
of this section until such date as any monthly benefits provided under the
Workmen’s Compensation Laws of Georgia shall have ceased.
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4.02 Death After Retirement. If a Participant dies subsequent to his retirement and had not
elected an optional form of payment in accordance with Section 6, or had elected to
receive a deferred benefit under Section 3.02(b)(l) or Section 3.05(b) but such benefit had
not commenced, his Beneficiary shall receive a lump-sum cash amount equal to one-half
of the benefits of the deceased Employee measured in accordance with Section 3.01(b),
under the provisions of this Plan; provided that no benefits shall payable hereunder if
Plan benefits are paid under Section 4.01.
4.03 Adjusted Benefit. The amount of monthly retirement benefit provided under this Section
4 shall be adjusted by the cost-of-living adjustment as provided in Section 3.06 upon
commencement of such benefit.
4.04 Designation of Beneficiaries.
(a) Each Participant shall designate a Beneficiary to receive the benefits, if any,
which may be payable in the event of his death pursuant to the provision of
Section 3 or 4. Such designation shall be made in writing on a form provided by
the Commission and shall be signed and filed with the Commission. The
Participant may change his designation from time to time by filing the proper
form with the Commission, and each change shall revoke all prior designations by
the Participant. In each such designation the Participant may name one or more
primary Beneficiaries and one or more contingent Beneficiaries. If no
Beneficiary designated by the Participant survives him, the Commission may
direct the payment of such benefits to (i) the spouse of the deceased, if living;
otherwise, to (ii) the descendents of the deceased Participant per stirpes or on their
behalf as provided in Section 10.04; or if none, to (iii) the legal representative of
the estate of the deceased Participant.
(b) In the event of the death of a Beneficiary who survives the Participant and who, at
his or her death, is receiving benefits as described in A immediately above, the
remaining benefits, if any, shall be payable to a person designated by the
Participant to receive the remaining benefits, or, if no person was so designated,
then to a person designated by the Beneficiary of the deceased Participant;
provided, however, that if no person so designated be living upon the occurrence
of such contingency, the remaining benefits, if any, shall be payable to (a) the
spouse of the deceased Participant, if living; otherwise to (b) the descendents of
the deceased Beneficiary per stirpes or on their behalf as provided in Section
10.04; or if none, to (c) the legal representative of the estate of the deceased
Beneficiary, as the Commission in its sole discretion may determine.
(c) In the event the Commission does not direct the payments as specified in
paragraphs (a) or (b) of this Section 4.04, the Commission may elect to have a
court of applicable jurisdiction determine to whom payments should be made, and
the Commission shall follow such instructions as the court may give.
SECTION 5
CONTRIBUTIONS
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5.01 City Contributions. The City shall contribute sufficient amounts annually to the Fund.
The Comptroller shall certify to the Commission that such amounts are necessary to be
appropriated each year upon the basis of the actuarial survey and valuation. City
contributions shall be paid to the Fund and shall be used only for the benefit of the
Participants and Beneficiaries of the Plan.
5.02 Participant Contributions.
(a) Each Participant hired after June 30, 1980 shall contribute to the Fund at each pay
period an amount equal to eight percent (8%) of his Earnings. Participants hired
prior to July 1, 1980 shall contribute to the Fund at each pay period an amount
equal to five percent (5%) of his Earnings. Contributions by the Participant shall
cease at the earlier of: (a) his date of termination of employment for any reason,
and (b) his actual retirement date.
(b) Withdrawals of Participant Contributions. Notwithstanding anything in the Plan to
the contrary, any Employee who became a Participant on or after March 1, 1949
and who terminates employment before becoming eligible for retirement in
accordance with Section 3 (or such Participant’s Beneficiary, if applicable) may,
upon receiving approval from the Comptroller, withdraw the total of all of his
Contributions, without interest; provided that if the Participant does not make a
request to withdraw his Contributions within four (4) years of his date of
employment termination, his Contributions shall revert to the Fund to be payable
as Plan benefits to the Participant or the Participant’s Beneficiary and may not be
then withdrawn by the Participant.
SECTION 6
OPTIONAL FORMS OF RETIREMENT INCOME
6.01 Description of Options. The amount of any optional retirement benefit set forth below
shall be the Actuarial Equivalent, as determined by the Committee, of the amount of
benefit that would otherwise be payable to the Participant under the applicable provision
of Section 3 without regard to any future cost-of-living adjustments.
(a) Option A - Ten Years Certain and Life Option: An adjusted monthly retirement
benefit payable to the Participant during his lifetime and, in the event of his death
within a period of ten years after his retirement, the same monthly amount shall
be payable for the remainder of such ten year period to his Beneficiary.
(b) Option B - Joint and Last Survivor Option: An adjusted monthly retirement
benefit which shall be payable during the joint lifetime of the Participant and his
Joint Annuitant, with a previously designated percentage (100%, 75%, or 50%) of
the benefit amount continuing after the death of either during the lifetime of the
survivor.
The amount of monthly retirement benefit payable under any option selected in
accordance with the provisions of this Section shall be adjusted by the cost-of-living
adjustment as provided in Section 3.06; provided, however, that if payments are to be
made to an estate the commuted value of such payment shall be made in lieu of
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continuation of monthly payments. Such commuted value shall be equal to the amount of
the lump-sum value of the remaining monthly payments in the amount of the last monthly
payment, discounted on such actuarial tables as may be adopted by the Commission,
ignoring any future cost-of-living adjustments.
6.02 Joint Annuitant or Beneficiary.
(a) A Participant who elects Option A of Section 6.02(a) shall, designate (in
accordance with Section 4.04), on a form provided for that purpose, a person to
receive benefits payable in the event of the Participant’s death. Such person(s)
shall be the Beneficiary of the Participant.
(b) A Participant with benefits payable after his death for another person’s lifetime
who elects Option B of Section 6.02(b) shall, designate, on a form provided for
that purpose, a person to receive the benefits which continue to be payable upon
the death of the Participant. Such person shall be the Joint Annuitant of the
Participant.
6.03 Cancellation of Election. The election by a Participant of Option B shall be null and void
if either the Participant or his designated Joint Annuitant should die before benefits
commence.
SECTION 7
ADMINISTRATION OF PLAN
7.01 Administration.
(a) Powers of the Commission. The Commission shall control the administration of
the Plan hereunder, with all powers necessary to enable it properly to carry out its
duties in that respect. Not in limitation, but in amplification of the foregoing, the
Commission shall have the power to construe the Plan and to determine all
questions that shall arise thereunder, and shall also have all the powers elsewhere
herein conferred upon it. It shall decide all questions relating to the eligibility of
Employees to participate in the benefits of the Plan, and shall determine the
benefits to which any Participant, Beneficiary, or Joint Annuitant may be entitled
under the Plan. The decisions of the Commission upon all matters within the
scope of its authority shall be final and binding upon all parties to this instrument,
Participants, and Participant’s Beneficiaries and Joint Annuitants.
(b) Records of the Commission. All acts and determination of the Commission shall
be duly recorded by the clerk, or under his supervision, and all such records,
together with such other documents as may be necessary for the administration of
the Plan shall be preserved in the custody of such clerk.
(c) Exemption from Liability of the Commission. The members of the Commission,
and each of them, shall be free from all liability, joint, and several, for their acts,
omissions and conduct, and for the acts, omissions and conduct of their duly
constituted agents, in the administration of the Plan, and the City shall indemnify
and save each of them harmless from the effects and consequences of their acts,
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omissions, and conduct in their official capacity, except to the extent that such
effects and consequences shall result from their own willful misconduct.
(d) Miscellaneous.
(1) To enable the Commission to perform its functions, the City shall supply
full and timely information of all matters relating to the compensation and
length of service of all Participants, their retirement, death or other cause
of termination of employment, and such other pertinent facts as the
Commission may require.
(2) The Commission shall be entitled to rely upon all tables, valuations,
certificates, and reports furnished by an actuary, who shall be a member of
the American Academy of Actuaries, or an organization which one or
more members is a member of the American Academy of Actuaries and
upon all certificates and reports made by an accountant selected or
approved by the Commission. The Commission shall be fully protected in
respect to any action taken or suffered by it in good faith in reliance upon
the advice or opinion of any actuary, accountant, or attorney, and all
action so taken or suffered shall be conclusive upon each member of the
Commission and upon all persons interested in the Plan.
SECTION 8
TRUST FUND AND TRUSTEES
8.01 Trust Fund.
(a) There is created a permanent pension Fund for the benefit of each Participant
covered by this Plan, and shall be kept in a separate account specifically
delineated as the Plan’s funds, with a separate, permanent record thereof to be
kept by the Comptroller. The assets of the Fund shall be held and administered by
the Commission. The Fund shall consist of all payments by the City and
Participants to the Fund and earnings from investments. The assets of the Fund
shall be valued as of the end of each plan year, and at any other time required by
the Commission, and at the then existing book and market value. The Fund is
hereby declared not to be the property of the Commission or the City, and this
includes any sum paid in or directed to be paid in by the Commission and it shall
reserve no property in any sum raised or due by virtue of the Plan.
(b) The Comptroller shall maintain a separate and permanent record of the Fund. All
decisions of the Commission in regard to the Fund or any payments or
withdrawals therefrom shall be recorded in the minutes of the Commission and
also entered on the permanent record kept by the Commission and such
permanent record shall be open to inspection by any interested person at all
regular business hours.
(c) No warrant shall be drawn upon the Fund except as otherwise provided in the
Plan.
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8.02 Amendment of Trust. The City shall have the right at any time, by an instrument in
writing duly executed by the Commission and to the Trustee, to modify, alter, or amend
this Plan and Trust in whole or in part; provided, however, that the duties, powers, and
liability of the Trustee hereunder shall not be substantially increased without its written
consent, and provided further, that no such amendment shall have the effect of revesting
in the City any part of the principal or income of the Fund.
8.03 Discontinuance of Trust and Vesting. The City expressly reserves the right to terminate
this Plan and Trust Agreement at any time. Upon termination of the Plan by the City, or
complete discontinuance of Contributions thereunder, having the effect of termination,
the rights of each Participant to benefits accrued to the date of such termination or
discontinuance, to the extent then funded, shall be nonforfeitable. In either case the
Commission shall, upon instructions from the City, continue to administer the Fund as
provided in Section 7. No part of the Fund shall at any time revert to the City unless all
benefits for Participants and their Payees have been provided.
8.04 Powers of the Commission.
(a) The Commission shall have the following power and authority in the
administration of the Fund to be exercised in accordance with and subject to the
provisions of Section 7.01 hereof:
(1) control the administration of the Plan hereunder, with all powers necessary
to enable it to properly carry out its duties in that respect. Not in
limitation, but in amplification of the foregoing, the Commission shall
have the power to construe the Plan and to determine all questions that
shall arise thereunder, and shall also have all the powers elsewhere herein
conferred upon it;
(2) decide all questions relating to the eligibility of Employees to participate
in the benefits of the Plan; and
(3) determine the benefits to which any Participant or Beneficiary may be
entitled under the Plan.
(b) The decisions of the Commission upon all matters within the scope of this
authority shall be final and binding upon all parties to this instrument, Participants
and their Beneficiaries.
(c) All acts and determinations of the Commission shall be duly recorded by the City
clerk, or under his supervision and all such records, together with such other
documents as may be necessary for the administration of the Plan, shall be
preserved in the custody of such clerk.
(d) The Commission shall prepare and distribute to the Employees information
concerning the Plan at the expense of the City, in such manner as it shall deem
appropriate.
8.05 Investment of Fund.
Attachment number 1
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LEGAL_US_E # 70626292.5 30
(a) The Comptroller shall be the Trustee of the Fund and shall deposit all
contributions to the Plan in a bank or banks, and, pursuant to the direction of the
Pension Fund Investment Committee, shall invest and reinvest, from time to time,
any portion thereof not immediately needed for the payment of pensions, in
securities approved by law for the investment of trust funds, as the Pension Fund
Investment Committee shall deem proper, from time to time; provided, however,
that the amount of the Fund which may be invested in such securities other than
those specifically approved by law for the investment of trust funds may not
exceed sixty percent (60%) of the total amount of such fund then outstanding; and
in addition thereto, the Pension Fund Investment Committee may invest such
funds in bonds and debentures assumed or guaranteed by any solvent corporation
or institution existing under the laws of the United States of America, or any state
thereof, provided such bonds or debentures are rated at the time of their purchase,
by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa), or A
(a) or in lieu thereof, provided that (if applicable), such bonds or debentures are
the type in which domestic life insurance companies are permitted to invest under
any applicable provisions of the Official Code of Georgia Annotated, as amended.
The amount of the Fund which may be invested in the bonds and debentures of
any one corporation may not exceed ten percent (10%) of the total amount of the
Fund then outstanding.
(b) Withdrawals from the Fund for investment purposes shall only be made by
vouchers signed by the Comptroller or Deputy Comptroller and countersigned by
the Mayor as chief executive officer of the City. The Comptroller shall maintain
a record of the age, length of service, and contributions of each Participant.
8.06 Taxation. The Commission, in its settlor capacity, is hereby authorized to levy a tax from
time to time to raise a sufficient sum to meet the requirements of the Plan for paying into
the Fund an amount equal to the amount contributed by Participants to the Fund; and in
the event such amount contributed by the Participants should be five percent (5%) of
Earnings or more and the five per centum contributed by the Commission or more, and
such amounts shall be insufficient to pay the pensions provided for in the Plan, then the
Commission shall levy a sufficient tax to meet all payments as required by the Plan, and
from time to time to continue to do so.
8.07 Resignation of Trustee. The Trustee may resign as Trustee of the Trust at any time by
giving sixty (60) days written notice to the City, or with the consent of the City, may
resign at any time. At such time as the resignation becomes effective, the Trustee shall
render to the City an account of its administration of the Fund during the period
following that covered by its last annual account, and shall perform all acts necessary to
transfer and deliver the assets of the Fund to its successor.
8.08 Successor Trustees. In the event of vacancy of one or more individuals in the Trusteeship
of this Trust occurring at any time, the Commission shall designate and appoint qualified
successor Trustee(s) until such individuals are elected by the electorate.
Attachment number 1
Page 34 of 39
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LEGAL_US_E # 70626292.5 31
8.09 Disbursements. Upon written direction (which may be a continuing one) from the
Commission as to the name of any person to whom money is to be paid from the Fund
and the amount thereof, checks shall be drawn by the Trustee in the name of the person
designated by the Commission and deliver such checks in such manner and amounts and
at such time as the Commission shall direct. In the event the Trustee shall deem it
necessary to withhold any distribution pending compliance with legal requirements with
respect to probate of wills, appointment of personal representatives, payment of or
provision for estate or inheritance taxes, or for death duties or otherwise, the Trustee shall
withhold payment pending receipt of the instructions from the City Attorney to make
such distribution.
SECTION 9
AMENDMENT AND TERMINATION
This Section 9 shall apply only to the extent that it does not otherwise conflict with applicable
Georgia law, including, but not limited to, Article I, Section I, Paragraph X of the Georgia
Constitution.
9.01 Amendment of the Plan. The City shall have the right at any time pursuant to
authorization of the Commission, to amend any or all of the provisions of the Plan;
provided, however, that no such amendment shall authorize or permit any part of the
Fund to be diverted to purposes other than for the exclusive benefit of Participants and
their Payees; and further provided, that no amendment shall have the effect of revesting
in the City any portion of such Fund except such amounts which remain in the Fund after
termination of the Plan and after all liabilities under the Plan have been satisfied.
9.02 Termination of the Plan.
(a) The City expects this Plan to be continued indefinitely but, of necessity, reserves
the right to terminate the Plan and its contributions thereunder at any time by
action of the Commission; provided, however, that should the City terminate the
Plan or completely discontinue contributions hereunder so as the amount to a Plan
termination, the accrued benefit of each Participant, to the extent then funded,
shall become fully vested and nonforfeitable as the date of termination.
(b) In the event of termination of the Plan and upon receipt of written notice of such
termination, the Commission shall arrange for the Fund to be apportioned and
distributed in accordance with the following procedure:
(1) The Commission shall determine the date of distribution and asset value of
the Fund to be distributed, taking into account the expenses of distribution.
(2) The Commission shall determine the method of distribution of the asset
value -- that is, whether distribution to each Participant or Payee entitled
to benefits shall be by payment in a lump-sum cash amount, the purchase
of an annuity from an insurance company, or otherwise.
(3) The Commission shall apportion the asset value in the priority and manner
set forth below, on the basis that the amount required to provide any given
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Item # 52
LEGAL_US_E # 70626292.5 32
retirement benefit shall mean the actuarially computed single-sum value of
such benefit, except that if the method of distribution determined under
paragraph B of this Section involves the purchase of an insured annuity,
the amount required to provide the given retirement benefit shall mean the
single premium payable for such annuity:
A. An amount equal to each Participant’s Contributions under the Plan, less
the aggregate amount of any benefit payments previously made with respect to such Participant,
will be determined and such amount apportioned from the asset value. Such asset value, if
insufficient to provide such amounts in full will be apportioned among such Participants in
proportion to the amounts determined with respect to them.
B. If there be any asset value remaining after the apportionment under A.
above, apportionment shall next be made with respect to each retired Participant receiving a
retirement benefit hereunder an such date, each person receiving a retirement benefit on such
date on account of a retired (but since deceased) Participant, each Participant who has, by such
date, reached his Normal Retirement Date but has not yet retired, in the amount required to
provide such retirement benefit as of the date of termination of the Plan, less any apportionment
made in (1) above, provided that, if such remaining asset value be less than the aggregate of such
amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced
amounts will be equal to such asset value.
C. If there be any asset value remaining after the apportionments under A.
and B. above, apportionment shall next be made with respect to each active Participant on such
date who has reached his Early Retirement Date but has not yet retired, in the amount required to
provide such retirement benefit as of the termination date of the Plan, less any apportionment in
A. above, provided that, if such remaining asset value be less than the aggregate of the amounts
apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate
of such reduced values will be equal to such remaining asset value.
D. If there be any asset value remaining after the apportionments under A.,
B., and C. above, apportionment shall next be made with respect to each active Participant on
such date who has completed at least 10 years of Credited Service and each former Participant
then entitled to a deferred benefit under Section 3.05(b) hereof who has not, by such date,
reached his Normal Retirement Date, none of whom is entitled to an apportionment under B.
above, in the amount required to provide the actuarially determined value of the accrued benefit
as of the termination date of the Plan, less any apportionment in A. above; provided that, if such
remaining asset value be less than the aggregate of the amounts apportioned hereunder, such
latter amounts shall be proportionately reduced so that the aggregate of such reduced values will
be equal to such remaining asset value.
E. If there be any asset value remaining after apportionments under A., B.,
C., and D. above, apportionment shall lastly be made with respect to each active Participant on
such date who is not entitled to an apportionment under A., B., and C. above, in the amount
required to provide the actuarially determined value of the accrued benefit as of the date of
termination of the Plan, less any apportionment in A. above; provided that, if such remaining
asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts
Attachment number 1
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LEGAL_US_E # 70626292.5 33
shall be proportionately. reduced so that the aggregate of such reduced values will be equal to
such remaining asset value.
F. In the event that any asset value remains after the full apportionments
specified in paragraphs A., B., C., D., or E. above, such excess shall revert to the City.
(4) The Commission shall cause to be distributed, in accordance with the
manner of distribution determined under paragraph B of this Section, the
amounts apportioned under C above.
SECTION 10
MISCELLANEOUS
10.01 Headings. The headings and subheadings in this Plan have been inserted for convenience
of reference only and are to be ignored in any construction of the provisions hereof.
10.02 Construction.
(a) In the construction of this Plan the masculine shall include the feminine and the
singular the plural in all cases where such meanings would be appropriate.
(b) If any provisions of this Plan, or the applicability thereof to any person or
circumstance, is held invalid, the remainder of this Plan and the applicability
thereof and of such provision to other persons or circumstances shall not be
affected thereby.
(c) This Plan shall be construed in accordance with the laws of the State of Georgia.
10.03 Nonalienation. No benefits payable under the Plan will be subject to the claim or legal
process of any creditor of any Participant or Beneficiary, and no Participant or
Beneficiary will alienate, transfer, anticipate, or assign any benefits under the Plan,
except that distributions will be made pursuant to (a) qualified domestic relations orders
issued in accordance with Code Section 414 (p), (b) judgments resulting from federal tax
assessments, and (c) as otherwise required by law.
10.04 Benefits Supported Only By Fund. Any person having any claim under the Plan will
look solely to the assets of the Fund for satisfaction. In no event will the City, or any of
its officers, members of the Commission, or agents, be liable in their individual capacities
to any person whomsoever, under the provisions of the Plan.
10.05 Discrimination. The City, through the Commission, shall administer the plan in a
uniform and consistent manner with respect to all Employees and shall not permit
discrimination in favor of officers, supervisory or highly-paid employees.
10.06 Limitation of Liability; Legal Actions. It is expressly understood and agreed by each
Employee who becomes a Participant hereunder, that except for its or their willful
negligence or fraud, neither the City, the Trustee, nor the Commission shall be in any
way subject to any suit or litigation, or to any legal liability, for any cause or reason
whatsoever, in connection with this Plan or its operation, and each such Participant
Attachment number 1
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LEGAL_US_E # 70626292.5 34
hereby releases the City, Trustee, Commission, and all its officers and agents from any
and all liability or obligation.
10.07 Claims. Any payment to a Participant, Joint Annuitant, or Beneficiary, or to their legal
representatives, in accordance with the provision of this Plan, shall to the extent thereof
be in full satisfaction of all claims hereunder against the Commission, Trustee, and the
City, any of whom may require such Participant, Beneficiary, or legal representative, as a
condition precedent to such payment, to execute a receipt and release therefore in such
form as shall be determined by the Commission.
10.08 Forfeitures. Forfeitures arising from any cause whatsoever under this Plan shall not be
applied to increase the benefits any Participant would otherwise receive under the Plan at
any time prior to the termination of the Plan or the complete discontinuance of City
Contributions hereunder; forfeitures shall be applied to reduce the City’s Contributions
under the Plan in the then current or subsequent years.
10.09 Applications.
(a) All applications for retirement or the withdrawal of Contributions shall be made
in writing on forms prescribed by the Comptroller and filed in his office.
(b) All applications for retirement shall be acted upon by the Committee. The
Secretary shall keep a careful record of all Committee proceedings. Upon
certification by the Secretary that a majority of the Committee has determined that
the applicant is entitled to retirement of a given amount, which decision shall not
be unreasonably or unlawfully made, and subject to the procedure regarding
disability applications described in Section 3.03, the Comptroller shall include his
name on the pension list and shall draw monthly vouchers for the payment of his
retirement benefits. The Commission may adopt further reasonable rules and
regulations for the purpose of carrying out the purposes of this Section.
10.10 Effect of Extension of the Federal Social Security Act. If the Federal Social Security Act
is extended to include municipal employees, the Commission shall have power to reduce
pro tanto the Contributions of Participants and the amounts of the retirement benefits to
which they may become entitled under the Plan; provided that no reduction shall be made
in the amount of the retirement benefits paid to any such Participant already retired prior
to the effective date that the Federal Social Security Act is extended to include municipal
employees.
Attachment number 1
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Item # 52
LEGAL_US_E # 70626292.5 35
IN WITNESS WHEREOF, the City has caused this amended Plan to be duly executed as
of the ____ day of ___________ 2006, but effective as of the dates set forth herein.
AUGUSTA GEORGIA, AS SUCCESSOR TO
THE CITY COUNCIL OF AUGUSTA
ATTEST:
____________________________ By:
(Seal) Mayor
Clerk
AUGUSTA GEORGIA, AS SUCCESSOR TO
THE CITY COUNCIL OF AUGUSTA
Mayor
This Ordinance shall be effective as of the dates set forth herein. All ordinances and parts of
Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
APPROVED AND ENACTED by the Augusta-Richmond County Commission, on the
______ day of ______________ 2006.
Mayor
ATTEST:
Clerk
Attachment number 1
Page 39 of 39
Item # 52
CommissionMeetingAgenda
6/19/20072:00PM
1977PensionOrdinanceFundamendedandRestated
Department:
caption2:AnordinancetoamendandrestateOrdinanceNumber 6655,
the"1977RichmondEmployeesPensionFund",herein after
referredtoasthe"Plan"andamendmentstheretot ocomply
withtheInternalRevenueServiceLawsandRegulati ons;to
repealanyordinancesorpartsofordinancesincon flictwith
thisordinance.
Background:
The1977"RetirementPlanforEmployeesofRichmond
County",(hereinafterreferredtoasthe"Plan"was most
recentlyadoptedbyOrdinanceNo.6655onFebruary 20,
2002,effectiveJanuary1,1997,soastoconformt hePlan
withrelevantprovisionsofFederalLawstoinclude TheTax
EquityandFiscalResponsibilityActof1982,theD eficit
ReductionActof1984,theRetirementEquityActof 1984,
theTaxReformActof1986,theOmnibusBudget
ReconciliationActof1986,TheOmnibusReconciliat ionAct
of1987,theTechnicalandMiscellaneousRevenueAc tof
1988,theOmnibusBudgetReconciliationActof1989 and
otherapplicablelaws.Ithasbeenreviewedbythe
Employees'BenefitsCounselandsubmittedtotheIn ternal
RevenueService.TheCityhasreceivedafavorable
determinationletteronitssubmissionprovidedthe
ordinanceisre-adoptedincludingapprovedamendmen tsto
reflectchangesinthetaxlaws.Thechangeswerem ade
byCounsel.Theauthoritytoamendtheoriginalord inance
havingbeengrantedbyO.C.G.A.Section36-35-3,pr oviding
forhomerulebymunicipalitiesandtheConstitutio nofthe
StateofGeorgiaprovidingforhomerulebycountie s.The
publicwasfurthernotifiedthatacopyoftheprop osed
OrdinancewasfiledwiththeClerkoftheSuperior Courtof
RichmondCounty,Georgia,forpublicexaminationan d
inspection,andcopiesofsamewereavailablewitht heClerk
ofCommissionforanymemberofthepublic.Partici pation
inthePlanwasfrozeneffectiveasofApril30,19 98,
Cover Memo
Item # 53
meaningthatthePlanonlycoversemployeeshiredo nor
beforeApril30,1998andnoemployeesafterthatd ateare
eligibletoparticipateinthePlan.
Analysis:ItisnecessaryfortheAugusta-RichmondCommission to
amendandrestatesaidordinanceinpreparationfor re-
openingsaidpensionplanfornewparticipantstoj oin.Itis
theCounty'sintentiontofullyhonorallbenefits andrights
thatPlanparticipantshaveaccruedunderthePlan priortoits
restatement.ThePlanshallbeadministeredandcon strued
accordingly,andthePlan'sAdministratorshallcon strueand
interpreteveryprovisionofthePlan'srestatement ina
mannerthatpreserveseachPlanParticipant'sbenef itsorright
accrued.Nevertheless,anyParticipantwhomthe
Commissiondoesnotclassifyasanemployeeonora fter
January1,2006shallhavehisbenefitsandrights determined
undertheprovisionsofthePlanthatwereineffec twhenthe
CommissionlastclassifiedhimorherasanEmploye e.
FinancialImpact:N/A
Alternatives:None
Recommendation:AmendandRestateOrdinanceNumber6655,the1977
RichmondEmployeesPensionFundandanyamendments
thereaftertocomplywiththeInternalRevenueServ ice.
Fundsare
Availableinthe
Following
Accounts:
N/A
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 53
LEGAL_US_E # 70727833.4
DRAFT (11/21/2006)
ORDINANCE NO. ________
AN ORDINANCE TO AMEND AND RESTATE ORDINANCE NUMBER 6655, THE
RICHMOND EMPLOYEES PENSION FUND; ADOPTED ______________________; TO
PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES AND
FOR OTHER PURPOSES.
RETIREMENT PLAN
FOR EMPLOYEES OF RICHMOND COUNTY
As Amended and Restated Effective January 1, 1984
(Except as Otherwise Provided Herein)
Attachment number 1
Page 1 of 42
Item # 53
TABLE OF CONTENTS
PAGE
LEGAL_US_E # 70727833.4
INTRODUCTION..........................................................................................................................1
SECTION 1 DEFINITIONS.................................................................................................3
1.01 Accrued Benefit......................................................................................................3
1.02 Actuarial Equivalent...............................................................................................3
1.03 Average Earnings...................................................................................................3
1.04 Beneficiary.............................................................................................................3
1.05 Board......................................................................................................................3
1.06 Break in Service.....................................................................................................4
1.07 Code. ....................................................................................................................4
1.08 Contributions..........................................................................................................4
1.09 Credited Service.....................................................................................................4
1.10 Earnings..................................................................................................................5
1.11 Effective Date. ......................................................................................................5
1.12 Eligibility Service...................................................................................................6
1.13 Employee................................................................................................................6
1.14 Employer or County...............................................................................................7
1.15 Fund........................................................................................................................7
1.16 Interest....................................................................................................................7
1.17 Joint Annuitant.......................................................................................................7
1.18 Old Plan..................................................................................................................7
1.19 Participant...............................................................................................................7
1.20 Participation Date...................................................................................................7
1.21 Payee......................................................................................................................7
1.22 Plan.........................................................................................................................7
1.23 Plan Year................................................................................................................7
1.24 Trust Agreement or Trust.......................................................................................7
1.25 Trustee....................................................................................................................7
SECTION 2 ELIGIBILITY AND PARTICIPATION .........................................................7
2.01 Eligibility. ..............................................................................................................7
2.02 Participation. .........................................................................................................8
2.03 Special Rules for Pre-1997.....................................................................................9
SECTION 3 RETIREMENT DATES AND BENEFITS.....................................................9
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LEGAL_US_E # 70727833.4 ii
3.01 Normal Retirement. ..............................................................................................9
3.02 Early Retirement. .................................................................................................9
3.03 Disability Retirement...........................................................................................10
3.04 Delayed Retirement. ...........................................................................................13
3.05 Enhanced Early Retirement for 1996. ................................................................14
3.06 Vesting and Termination of Employment............................................................15
3.07 Cost of Living Adjustment of Benefits................................................................15
3.08 Payment of Small Benefits. ................................................................................16
3.09 Required Distribution Rules Effective January 1, 1987 Through December
31, 2002................................................................................................................16
3.10 Required Distribution Rules Effective January 1, 2003.......................................17
3.11 Code Section 415 Limit. .....................................................................................22
3.12 Rollover Distributions..........................................................................................24
SECTION 4 DEATH BENEFITS.......................................................................................25
4.01 Death Prior to Retirement. ...................................................................................25
4.02 Death After Retirement. .....................................................................................26
4.03 Adjusted Benefit. ................................................................................................26
4.04 Designation of Beneficiaries. .............................................................................26
SECTION 5 OPTIONAL FORMS OF RETIREMENT INCOME....................................27
5.01 Election of Optional Retirement Benefits. .........................................................27
5.02 Description of Options. ......................................................................................27
5.03 Joint Annuitant or Beneficiary.............................................................................28
5.04 Cancellation of Election. ....................................................................................28
SECTION 6 CONTRIBUTIONS........................................................................................28
6.01 County Contributions. ........................................................................................28
6.02 Participant Contributions. ...................................................................................28
SECTION 7 ADMINISTRATION OF PLAN....................................................................29
7.01 Administration. ...................................................................................................29
SECTION 8 TRUST FUND AND TRUSTEES.................................................................30
8.01 Trust Fund. .........................................................................................................30
8.02 Amendment of Trust. .........................................................................................31
8.03 Discontinuance of Trust and Vesting. ................................................................31
8.04 Powers of Trustee. ..............................................................................................31
Attachment number 1
Page 3 of 42
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LEGAL_US_E # 70727833.4 iii
8.05 Investment of Fund...............................................................................................32
8.06 Taxation. .............................................................................................................33
8.07 Resignation of Trustee. ......................................................................................33
8.08 Successor Trustees. ............................................................................................33
8.09 Liability of Trustee. ............................................................................................33
8.10 Disbursements. ...................................................................................................33
SECTION 9 AMENDMENT AND TERMINATION .......................................................34
9.01 Amendment of the Plan. .....................................................................................34
9.02 Termination of the Plan. .....................................................................................34
SECTION 10 MISCELLANEOUS.......................................................................................36
10.01 Headings. ............................................................................................................36
10.02 Construction. ......................................................................................................36
10.03 Nonalienation. ....................................................................................................36
10.04 Legally Incompetent. ..........................................................................................36
10.05 Benefits Supported Only By Fund. ....................................................................36
10.06 Discrimination. ...................................................................................................36
10.07 Limitation of Liability; Legal Actions. ..............................................................36
10.08 Claims. ................................................................................................................37
10.09 Forfeitures. .........................................................................................................37
Attachment number 1
Page 4 of 42
Item # 53
LEGAL_US_E # 70727833.4 1
RETIREMENT PLAN
FOR EMPLOYEES OF RICHMOND COUNTY
INTRODUCTION
Effective January 1, 1977, the Board of Commissioners of Richmond County (hereinafter
referred to as the “Board”) established the “Retirement Plan for Employees of Richmond
County,” hereinafter referred to as the “Plan.” The establishment of the Plan stems from the
desire of the Board to facilitate a retirement program for certain employees of the County not
presently covered under another retirement or pension plan to which the County contributes, or
not covered under the Social Security Act. Participation in the Plan was frozen effective as of
April 30, 1998, meaning that the Plan only covers Employees hired on or before April 30, 1998
and no Employees hired after that date are eligible to participate in the Plan.
On ___________ ___, 2006, the Augusta-Richmond County Commission, as successor to the
City Council of Augusta, approved this restatement of the Plan effective January 1, 1984 (except
as otherwise provided herein) so as to conform the Plan with relevant provisions of the following
federal laws: the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”), the Deficit
Reduction Act of 1984 (“DEFRA”), the Retirement Equity Act of 1984 (“REA”), the Tax
Reform Act of 1986, the Omnibus Budget Reconciliation Act of 1986, the Omnibus Budget
Reconciliation Act of 1987, the Technical and Miscellaneous Revenue Act of 1988, the Omnibus
Budget Reconciliation Act of 1989, the Omnibus Budget Reconciliation Act of 1990
(collectively referred to as “TRA’86”), the Unemployment Compensation Amendments of 1992
(“UCA’92”), the Omnibus Budget Reconciliation Act of 1993 (“OBRA’93”), the Uruguay
Round Agreements Act (“GATT”), the Uniformed Services Employment and Reemployment
Rights Act of 1994 (“USERRA”), the Small Business Job Protection Act of 1996 (“SBJPA”), the
Taxpayer Protection Act of 1997 (“TRA’97”), the Internal Revenue Service Restructuring and
Reform Act of 1998 (“RRA’98”), and the Community Renewal Tax Relief Act of 2000 (“CRA”
and together with GATT, USERRA, SBJPA, TRA ‘97, and RRA ‘98 are referred to as “GUST”)
and certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001
(“EGTRRA”), with such EGTRRA amendments being made as good faith compliance with the
requirements of EGTRRA, to be construed in accordance with EGTRRA and guidance issued
thereunder.
The Plan also provides an option for present members of the Richmond County Pension Plan
(the “Old Plan”) to become Participants in this Plan. Provisions for such employees electing
coverage hereunder are described in Section 2.
The Plan will be administered by the Board as described in Section 7. All benefits to be
provided under the Plan will be funded under a trust established in accordance with Section 8.
It is the County’s intention to fully honor all benefits and rights that Plan Participants have
accrued under the Plan prior to this restatement. The Plan shall be administered and construed
accordingly, and the Plan’s administrator shall construe and interpret every provision of the
Plan’s restatement in a manner that preserves each Plan Participant’s benefits or rights that
accrued prior to ___________ ___, 2006. Nevertheless, any Participant whom the Commission
does not classify as an Employee on or after January 1, 2006 shall have his benefits and rights
Attachment number 1
Page 5 of 42
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LEGAL_US_E # 70727833.4 2
determined under the provisions of the Plan that were in effect when the Commission last
classified him or her as an Employee.
Attachment number 1
Page 6 of 42
Item # 53
LEGAL_US_E # 70727833.4 3
SECTION 1
DEFINITIONS
As used herein, unless otherwise defined or required by the context, the following words and
phrases shall have the meanings indicated:
1.01 Accrued Benefit. The retirement benefit which the Participant has earned
as of the date of determination, calculated under Subsection 3.01(b) on the basis of his Average
Earnings and Credited Service, which is payable as of his Normal Retirement Date in the form of
a life annuity, with a guarantee of the refund of Contributions with Interest for the Participant
who dies before receiving an amount of benefit payments that at least equal his Contributions
with Interest.
1.02 Actuarial Equivalent.
(a) A benefit of equal value computed on the basis of (i) the 1971
Group Annuity Mortality Table, and (ii) interest at 6% compounded annually for forms of
payment other than lump sum; the interest rate used to determine the equivalent lump sum value
of monthly benefits will be in the PBGC schedule of immediate and graded deferred rates in
effect on the first day of the Plan Year in which the benefit is calculated.
(b) Effective January 1, 1995, the table referenced in clause (i) of
subsection (a) shall be a mortality table based on a fixed blend of 50% of the male mortality rates
and 50% the female mortality rates from the 83 GAM table, 83 GAM Unisex, as provided under
Revenue Ruling 95-6.
(c) Effective with respect to annuity starting dates on or after
December 31, 2002, the table referenced in clause (i) of subsection (a) shall be a mortality table
based upon a fixed blend of 50% of the unloaded male mortality rates and 50% of the unloaded
female mortality rates underlying the mortality rates in the 1994 Group Annuity Reserving
Table, projected to 2002, 94 GAR, as provided under Revenue Ruling 2001-62.
1.03 Average Earnings. The monthly average of the Participant’s earnings for
the five consecutive calendar years immediately preceding the earlier to occur of (a) the date on
which the Participant’s employment with the employer terminates for any reason or (b) the
Participant’s actual retirement date. Average Earnings shall be determined by dividing the total
Earnings received by the Participant during the appropriate five year period, or lesser number of
years if applicable, by the number of months for which he received earnings in such period.
1.04 Beneficiary. The person(s) designated by the Participant in accordance
with Section 4.04 who is entitled to receive benefits at the death of a Participant under Section 4
or 5.
1.05 Board. The Augusta-Richmond County Commission as successor to the
Board of Commissioners of Richmond County, which shall act in the dual capacity of
administrator of the Plan and Trustee of the Fund.
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1.06 Break in Service. A continuous period of at least 12 consecutive months
during which an individual is not employed by the County. Such period begins on the date of an
individual’s termination of employment for any reason, or, if earlier, the 12 month anniversary of
the date on which the individual ceases to accrue Credited Service. In the case of an individual
who is absent from work for maternity or paternity reasons, the 12-consecutive month period
beginning on the first anniversary of the first date of such absence shall not constitute a Break
in Service. For purposes of this paragraph, an absence from work for maternity or paternity
reasons means an absence (1) by reason of the pregnancy of the individual, (2) by reason of the
birth of a child of the individual, (3) by reason of the placement of a child with the individual in
connection with the adoption of such child by such individual, or (4) for purposes of caring for
such child for a period beginning immediately following such birth or placement.
1.07 Code. The Internal Revenue Code of 1986 as amended from time to time,
and regulations, rulings, and other publications under the Code.
1.08 Contributions. The payments made by the Participants to the Fund in
accordance with Section 6.
1.09 Credited Service.
(a) For Employees hired before January 1, 1993, the number of years
of uninterrupted and continuous employment (completed months expressed as a fractional year)
of the Employee with the Employer from (a) the later of the date he last entered the employment
of the Employer and January 1, 1977, to (b) the earlier of his date of termination of employment
for any reason or his actual retirement date, excluding any period during which the Employee
fails to comply with the provision of Section 2.02 for participation after the date he is first
eligible unless he purchases such service pursuant to Section 2 below.
(b) For Employees hired after December 31, 1992, Credited Service
will not begin until the Participation Date and will continue until the earlier of his date of
termination of employment for any reason or his actual retirement date. The Employee will not
be permitted to purchase Credited Service to cover his period of Eligibility Service.
(c) Credited Service will not be interrupted by:
(1) vacation, or approved leave of absence authorized by the
Employer in accordance with a uniform policy applied on a nondiscriminatory basis to all
Employees similarly situated;
(2) voluntary or involuntary service in the Armed Forces of the
United States, provided the Employee retains statutory reemployment rights under applicable
state or federal law, and resumes employment after his honorable discharge from military duty
within the time required by such law;
(3) reelection or reappointment at the end of a term; or
(4) periods during which the Employee incurs a Total and
Permanent Disability within the meaning of Section 3.03, provided that he recovers from a Total
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and Permanent Disability and is reemployed by the Employer as required under Section
3.03(a)(7) or 3.03(b)(4).
(d) For benefit purposes, no Participant will receive any credit for any
period of inactive employment. For vesting purposes, the Employee who has one or more Break
in Service will receive credit only from his most recent date of reemployment.
(e) Effective December 12, 1994, notwithstanding anything in the Plan
to the contrary, contributions, benefits, and service credited with respect to qualified military
service shall be provided in accordance with Section 414(u) of the Code.
1.10 Earnings.
(a) The total compensation paid to the Participant by the Employer
during any Plan Year, as reported on his Form W-2, including any pre-tax Employee
Contributions made under this Plan. Effective as of January 1, 1998, the term “Earnings” shall
also include any elective deferral (within the meaning of Code Section 402(g)(3)) and any
amounts that are deferred by the Employer at the election of the Employee that are not included
in the Employee’s gross income pursuant to Code Section 125 or 457. Effective January 1,
2001, Earnings shall also include elective amounts that are not includable in the Employee’s
gross income by reason of Code Section 132(f)(4). With respect to Plan Years from January 1,
1989 through December 31, 1996, the rules of Code Section 414(q)(6) shall apply in determining
a Participant’s Earnings, except that the term “family” includes only the Participant’s spouse and
any lineal descendants who have not attained age 19 before the end of the Plan Year.
(b) Effective January 1, 2006, a Participant’s Earnings shall be
disregarded to the extent such Earnings exceed $220,000, as such amount may be adjusted from
time to time for increases in the cost of living in accordance with the Code and regulations
thereunder. With respect to Plan Years from January 1, 2005 through December 31, 2005,
“$220,000” in the first sentence of this subsection (b) shall be replaced with “$210,000”. With
respect to Plan Years from January 1, 2004 through December 31, 2004, “$220,000” in the first
sentence of this subsection (b) shall be replaced with “$205,000”. With respect to Plan Years
from January 1, 2002 through December 31, 2003, “$220,000” in the first sentence of this
subsection (b) shall be replaced with “$200,000”. With respect to Plan Years from January 1,
2001 through December 31, 2001, “$220,000” in the first sentence of this subsection (b) shall be
replaced with “$170,000”. With respect to Plan Years from January 1, 1994 through December
31, 2000, “$220,000” in the first sentence of this subsection (b) shall be replaced with
“$150,000”. With respect to Plan Years from January 1, 1989 through December 31, 1993,
“$220,000” in the first sentence of this Section 1.14(b) shall be replaced with “$200,000”. With
respect to Plan Years from January 1, 1976 through December 31, 1983, “$220,000” in the first
sentence of this subsection (b) shall be replaced with “$100,000”.
1.11 Effective Date. For purposes of this Plan as restated, except as otherwise
set forth herein, the “Effective Date” shall be January 1, 1984. The Plan was originally
established effective January 1, 1977.
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1.12 Eligibility Service. The period between the first day of employment and
the first day of the month on or after the date when the Employee has completed 90 days of
employment.
1.13 Employee. Any person regularly employed by the County, any employee,
officer, appointee, or electee of the Board as now constituted or hereafter constituted, and any
employee, officer, appointee, or electee under any official of the County as now constituted or
hereafter constituted, who is elected by vote of the electorate, including employees of the
Department of Family and Children Services who are eligible for coverage under the Richmond
County Personnel Board, but excluding:
(a) any person covered under the provision of the Old Plan, except
those members of said plan who elect to participate in this Plan in accordance with Section 2;
(b) any person whose customary employment is for less than 30 hours
a week or an aggregate of less than six months in any calendar year;
(c) employees of the Richmond County Department of Health and
Department of Family and Children Services of Richmond County (except those employees
eligible for coverage under the County’s Personnel Board) and Augusta-Richmond County
Public Library;
(d) the County Agent, County Home Demonstration Agent, and the
employees thereof;
(e) officers of the County elected by vote of the electorate; and
(f) effective as of January 1, 1987, any “Leased Employee.” “Leased
Employee” means any person (other than a regular employee of the County) who pursuant to
an agreement between the Employer and any other person (“Leasing Organization”) has
performed services for the Employer (or for the Employer and related persons determined in
accordance with Section 414(n)(6) of the Code) on a substantially full-time basis for a period of
at least one year, and such services are performed under the primary direction or control of the
Employer; provided that the control test does not apply to relationships that have been
determined by the Internal Revenue Service, before August 20, 1996, to not involve Leased
Employees. Contributions or benefits provided a Leased Employee by the Leasing
Organization which are attributable to services performed for the Employer shall be treated as
provided by the Employer. Notwithstanding the foregoing, a Leased Employee shall not be
considered an Employee of the Employer if: (i) such employee is covered by a money purchase
pension plan providing: (1) a nonintegrated employer contribution rate of at least 10 percent of
compensation, as defined in Section 415(c)(3) of the Code, but including amounts contributed
pursuant to a salary reduction agreement which are excludable from the employee’s gross
income under Section 125, Section 402(a)(8), Section 402(h) or Section 403(b) of the Code, (2)
immediate participation, and (3) full and immediate vesting; and (ii) leased employees do not
constitute more than 20 percent of the Employer’s employees that are not “highly compensated”
as such term is defined in Code Section 414(q) based on the current Plan Year.
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1.14 Employer or County. Augusta, Georgia, as successor through its
consolidation with the Richmond-County Board of Commissioners.
1.15 Fund. The trust fund created in accordance with the Plan and Trust.
1.16 Interest. Interest credited on Participant Contributions from the January 1
next following the date of which such Contributions are made to the earlier of (a) the date of
termination of employment for any reason and (b) the Participant’s Normal Retirement Date,
with such interest compounded annually at the rate of 5% per annum.
1.17 Joint Annuitant. The person designated by the Participant to receive
payments after the death of the Participant as provided under Option A or B in accordance with
Section 5.02.
1.18 Old Plan. The Richmond County Pension Plan, established March 1,
1945, for certain employees of the County, which plan is currently in existence.
1.19 Participant. An Employee who becomes eligible to participate in the Plan
as provided in Section 2.
1.20 Participation Date. The date when the Employee has completed his
Eligibility Service and begins to participate in this Plan.
1.21 Payee. The Beneficiary or Joint Annuitant designated by the Participant in
accordance with Section 1.04 or 1.17 to receive benefits under the Plan after the Participant’s
death.
1.22 Plan. The Retirement Plan for Employees of Richmond County as
contained herein and all amendments thereto which may hereafter be made. The Plan shall
include the Trust as hereinafter defined.
1.23 Plan Year. The twelve month period ending December 31 of each year.
1.24 Trust Agreement or Trust. The agreement of trust between the Board, in
its capacity as the governing body of the Employer and the Board, in its capacity as Trustee,
which shall govern the continuation and maintenance of the trust fund, and all amendments
thereto.
1.25 Trustee. The Board in its capacity as trustee, or any substitute or
successor trustee hereafter appointed.
SECTION 2
ELIGIBILITY AND PARTICIPATION
2.01 Eligibility.
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(a) Each Employee, as such term is defined in Section 1.13, in the
employ by the County shall be eligible to become a Participant in the Plan as of the later of (i)
January 1, 1977 or (ii) his date of employment.
(b) Any member of the Old Plan may elect to become a Participant in
this Plan in accordance with the following procedure:
(1) each member of the Old Plan shall have the option to
become a Participant in this Plan not later than April 1, 1977;
(2) the Board shall provide an explanation of the benefits
payable to each such member of the Old Plan under the combination of employee benefit plans
or programs, including the Old Plan, this Plan and Social Security, and an explanation of the
requirement that past service and benefits accrued under the Old Plan must be waived by the
member.
(3) after the explanation referred to in (2) above, the member
of the Old Plan shall be given 30 days to accept or reject the election to become a Participant in
this Plan. If the member of the Old Plan does not elect to become a Participant under the Plan he
shall thereafter be precluded from participation herein for the duration of his employment with
the County unless, at some future date, the Board should reopen participation in the Plan to such
members.
2.02 Participation.
(a) Each Employee hired (or rehired) on or after January 1, 1993, will
automatically become a Participant on his Participation Date.
(b) Each Employee hired on or before December 31, 1992, and each
member of the Old Plan who is eligible to become a Participant under Section 2.01, will become
a Participant by meeting the following requirements:
(1) The Employee must authorize the County in writing to
deduct from his Earnings the Contributions required from him under Section 6.02(a).
(2) The Employee must file with the Board, on a properly
completed form provided by the Board, (a) all required information, (b) a statement of the
Employee’s acceptance of the terms and conditions of the Plan, and (c) the Employee’s
Beneficiary designation. Any such Employee who elects to reenter the Plan after December 31,
1992 will continue to participate until he terminates employment, dies, or retires.
(c) A Participant’s Credited Service will not include his period of
employment from the date he first became eligible until the date he becomes a Participant. Any
Employee who does not become a Participant when first eligible will forfeit all Credited Service
to which he would have been entitled under Section 1.09 and will be entitled only to Credited
Service accrued from the date he becomes a Participant.
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(d) Notwithstanding anything to the contrary, the Plan only covers
Employees hired on or before April 30, 1998; no one hired after that date is eligible to participate
in the Plan.
2.03 Special Rules for Pre-1997. Each Participant whom the Board has not classified as an
Employee on or after January 1, 1997, shall have his rights under the Plan determined in
accordance with such terms of the Plan in effect on the last day of such classification as an
Employee.
SECTION 3
RETIREMENT DATES AND BENEFITS
3.01 Normal Retirement. Normal retirement under the Plan is retirement from the employ of
the County on the Normal Retirement Date (as defined in paragraph “a” of this Section). In the
event of normal retirement, payment of the retirement benefit shall be governed by the following
provisions of this Section.
(a) Normal Retirement Date. The Normal Retirement Date of a
Participant shall be the first day of the month coincident with or next following the date he:
(1) attains his 65th birthday; or
(2) attains age 62 and completes 25 years of Credited Service.
(b) Amount of Retirement Benefit.
(1) Basic Benefit. The monthly retirement benefit payable to a
Participant who retires on his Normal Retirement Date shall be an amount equal to (a) 1% of the
Participant’s Average Earnings multiplied by (b) his Credited Service on and after January 1,
1977.
(2) Adjusted Benefit. The monthly retirement benefit payable
under paragraph B-(l) above, shall be adjusted by the cost-of-living adjustment as provided in
Section 3.07 upon commencement of retirement benefit payments.
(c) Payment of Retirement Benefit. The retirement benefit payable in
the event of normal retirement shall be payable on the first day of each month. The first payment
shall be made on the Participant’s Normal Retirement Date and the last payment shall be the
payment due next preceding his date of death, subject to the provision of Section 4.02; provided,
however, a Participant may modify the amount and conditions of payment by electing an
optional form of payment in accordance with Section 5 before distributions commence. Once
distributions commence under the Plan, a Participant may not modify the amount or condition of
payment under the Plan, except as required by a qualified domestic relations order described in
Section 10.03 or as otherwise required by law.
3.02 Early Retirement. Early retirement under the Plan is retirement from the employ of the
County prior to the Normal Retirement Date. Early retirement shall be authorized only in the
event that the Participant shall have both attained age 50 and completed at least 15 years of
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Credited Service. Notwithstanding the foregoing, if a Participant receives an Enhanced Early
Retirement benefit under Section 3.05, the Participant will be ineligible for benefits under this
Section. In the event of early retirement under this Section, payment of the retirement benefit
shall be governed by the following provisions of this Section.
(a) Early Retirement Date. The Early Retirement Date of a Participant
shall be the first day of the month coincident with or next following the date he retires from the
employ of the County under the provision of this Section 3.02.
(b) Amount of Retirement Benefit. A Participant at retirement on his
Early Retirement Date shall at his option receive either:
(1) a deferred monthly retirement benefit commencing on his
Normal Retirement Date, provided he is then alive, equal to an amount computed in the same
manner as for normal retirement in accordance with Section 3.01-(b), but based on Credited
Service and Average Earnings as of his Early Retirement Date; or
(2) an immediate monthly retirement commencing on his Early
Retirement Date equal to the benefit determined in Section 3.02-(b)(1) above, reduced by 5/12%
for each complete month by which the Early Retirement Date of a Participant precedes his
Normal Retirement Date.
(c) Payment of Retirement Benefit. The monthly retirement benefit
payable in the event of early retirement shall be payable on the first day of each month. The first
payment shall be made on the date elected by the Participant under Section 3.02-(b)(1) or 3.02-
(b)(2) and the last payment shall be the payment due next preceding his date of death, subject to
the provision of Section 4.02; provided however, a Participant may modify the amount and
conditions of payment by electing an optional form of payment in accordance with Section 5.
3.03 Disability Retirement.
(a) Employment connected Disability. A Participant may retire under
the Plan if he becomes Totally and Permanently Disabled from a cause arising out of and in the
course of employment. Such retirement shall herein be referred to as “Disability Retirement”
and payment of the Disability Retirement benefit shall be governed by the following provisions
of this Section.
(1) Disability Retirement Date. The Disability Retirement
Date of a Participant shall be the first day of the month which coincides with or next follows the
date the Board approves payment of the disability benefit.
(2) Total and Permanent Disability. A Participant shall be
considered Totally and Permanently Disabled if, in the opinion of the Board and subject to
Section 3.03(a)(3) below, he is wholly prevented from engaging in any substantial gainful
activity by reason of a medically determinable physical or mental impairment which can be
expected to result in death or to be of long continued and indefinite duration. The decision of the
Board on these questions shall be final and binding.
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(3) Non-Admissible Causes of Disability. Notwithstanding
anything in this Section to the contrary, a Participant shall not be entitled to receive any
Disability Retirement benefit if the Total and Permanent Disability is a result of any of the
following:
A. excessive and habitual use by the Participant of
drugs or narcotics;
B. injury or disease sustained by the Participant while
willfully;
C. participating in acts of violence, riots, civil
insurrections, or while committing a criminal offense;
D. injury or disease sustained by the Participant while
serving in any armed forces or as the result of warfare;
E. injury or disease sustained by the Participant after
his employment has terminated;
F. injury or disease sustained by the Participant while
working for anyone other than the County and directly attributable to such employment; or
G. intentional, self-inflicted injury.
(4) Proof of Total and Permanent Disability. The Board,
before approving payment of any Disability Retirement benefit, shall require proof that the
Participant is disabled as herein and such other proof as it may decide, including the certificate of
one or more duly licensed physicians selected by the Board, that the Participant is totally and
permanently disabled on his Disability Retirement Date within the definition of Total and
Permanent Disability under Section 3.03-a(2).
(5) Once each year after commencement of Disability
Retirement benefits, the Board may similarly require proof of the continued Total and Permanent
Disability of the Participant. The decision of the Board on all such questions shall be final and
binding.
(6) Disability Retirement Benefit.
A. Basic Benefit. Effective August 19, 1997, the
monthly retirement benefit payable to a Participant on his Disability Retirement Date shall be an
amount equal to 50% of his Average Earnings determined as of his Disability Retirement Date,
reduced by any monthly payment received under Workmen’s Compensation, or if Workmen’s
Compensation is paid in a lump-sum payment, the monthly payments otherwise payable to the
Participant under the Plan shall be reduced by an amount which equitably adjusts, as determined
by the Board, for the amount to which the Participant is eligible under Workmen’s
Compensation. Prior to August 19, 1997, “25%” replaced the “50%” in the first sentence of this
section 3.03(a)(5)A.
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B. Adjusted Benefit. The amount of monthly
retirement benefit provided under paragraph (5) (a) above, shall be adjusted by the cost-of-living
adjustments as provided in Section 3.07 upon commencement of retirement income payments.
(7) Payment of Disability Retirement Benefit. The retirement
benefit to which a Participant is entitled in the event of his Total and Permanent Disability shall
be payable on the first day of each month. The first payment shall be made on the Participant’s
Disability Retirement Date and the last payment shall be the payment due next preceding the
earlier of (a) the Participant’s date of death, subject to the provisions of Section 4.02 or (b) the
cessation of his Total and Permanent Disability prior to his Normal Retirement Date.
(8) Termination of Disability Retirement Benefit. If the
Participant’s Total and Permanent Disability ceases prior to his Normal Retirement Date and he
does not reenter the employ of the County within 60 days after his recovery, all rights of the
Participant in and to a Disability Retirement benefit shall cease and he shall be entitled solely to
the benefits, if any, provided in:
A. Section 3.02, if he had satisfied the requirements for
early retirement as of the date of inception of Total and Permanent Disability, or
B. Section 3.05, if he had not satisfied the
requirements for early retirement, and
C. Either such benefit shall be based on his Credited
Service and Average Earnings as of the date of inception of Total and Permanent Disability.
If the Participant’s Total and Permanent Disability ceases prior to his Normal Retirement Date
and he is re-employed by the County within 60 days following the date such Total and
Permanent Disability ceases, his employment will be deemed to have been continuous; provided
that the period beginning with the first month for which he received a disability payment and
ending with the date of reemployment will not be considered as Credited Service for purposes of
the Plan.
(b) Non-Employment Connected Disability. If a Participant becomes
Totally and Permanently Disabled from a cause (i) not arising out of and in the course of his
employment and (ii) other than specified in Section 3.03(a)(3) after the completion of five or
more years of Credited Service, he shall be entitled to a disability benefit in accordance with the
following provisions of this Section:
(1) Disability Date and Proof of Disability. The Disability
Retirement Date of a Participant shall be the date defined in Section 3.03-(a)(l). Proof of
disability shall be the same as that required in Section 3.03-(a)(4).
(2) Disability Benefit.
A. Basic Benefit. The monthly retirement benefit
payable to a Participant on his Disability Retirement Date shall be an amount equal to 1% of his
Average Earnings multiplied by his Credited Service up to his Disability Retirement Date,
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reduced by any monthly payment received under Workmen’s Compensation, or if Workmen’s
Compensation is paid in a lump-sum payment, the monthly payments otherwise payable to the
Participant under the Plan shall be reduced by an amount which equitably adjusts, as determined
by the Board, for the amount to which the Participant is eligible under Workmen’s
Compensation.
B. Adjusted Benefit. The amount of monthly
retirement income provided under paragraph (2) above, shall be adjusted by the cost-of-living
adjustment as provided in Section 3.07 upon commencement of retirement income payments.
(3) Payment of Disability Benefit. The monthly retirement
benefit to which a Participant is entitled under Section 3.03-(b)(2) in the event of his Total and
Permanent Disability shall be payable on the first day of each month. The first payment shall be
made as of the Participant’s Disability Retirement Date, and the last payment shall be the
payment due next preceding the earlier of: (a) his date of death, subject to the provisions of
Section 4.02 or (b) the cessation of his Total and Permanent Disability prior to his Normal
Retirement Date.
(4) Termination of Disability Benefit. If the Participant’s Total
and Permanent Disability ceases prior to his Normal Retirement Date and he does not reenter the
employ of the County within 60 days after his recovery, all rights of the Participant in and to a
Disability Retirement benefit shall cease and he shall be entitled solely to the benefits provided
in:
A. Section 3.03, if he had satisfied the requirements for
early retirement as of the date of inception of Total and Permanent Disability, or
B. Section 3.05, if he had not satisfied the
requirements for early retirement, and
C. Either such benefit shall be based on his Credited
Service and Average Earnings as of the date of inception of Total and Permanent Disability.
If the Participant recovers from Total and Permanent Disability prior to his Normal Retirement
Date and returns to the employ of the County within 60 days following the date of such recovery,
his employment will be deemed to have been continuous; provided that the period beginning
with the first month for which he received a disability benefit to the date of reemployment will
not be considered as Credited Service for purposes of the Plan.
3.04 Delayed Retirement. Delayed retirement under the Plan is retirement from the employ of
the County after the Normal Retirement Date. A Participant may remain in the active employ of
the County beyond his Normal Retirement Date only at the request of the Board and for such
periods of additional employment as shall be mutually agreed upon; provided that the Plan’s
administrator shall not interpret this sentence in a manner that would violate the Age
Discrimination in Employment Amendments of 1986, as amended. In the event of delayed
retirement, payment of the retirement benefit shall be governed by the following provisions of
this Section:
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(a) Delayed Retirement Date. The Delayed Retirement Date of a
Participant shall be the first day of the month coincident with or next following the date he
actually retires from the employ of the County after his Normal Retirement Date.
(b) Amount of Retirement Benefit. The monthly retirement benefit
payable to a Participant who retires on his Delayed Retirement Date shall be an amount
computed in the same manner as for normal retirement in accordance with Section 3.01-(b), but
based on Credited Service and Average Earnings as of his actual retirement date; provided,
however, such amount shall not be less than the monthly benefit the Participant would have
received had he retired on his Normal Retirement Date.
(c) Payment of Retirement Benefit. The retirement benefit payable in
the event of delayed retirement shall be payable on the first day of each month. The first
payment shall be made on the Participant’s Delayed Retirement Date and the last payment shall
be the payment due next preceding his date of death, subject to the provision of Section 4.02;
provided, however, a Participant may modify the amount and conditions of payment by electing
an optional form of payment in accordance with Section 5.
3.05 Enhanced Early Retirement for 1996. Participants who have attained, or who will have
attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of
Credited Service as of July 1, 1996, and who were employed by Augusta-Richmond County on
September 3, 1996, may elect to receive retirements benefits under this Section. Such election
must be made on a form designated by Augusta-Richmond County between October 1, 1996 and
4:00 p.m. on December 23, 1996. Any Employee electing to retire early pursuant to this Section
shall have until 4:00 p.m. on the seventh (7th) day following such election to revoke same.
(a) Enhanced Early Retirement Date. The Enhanced Early Retirement
Date of a Participant shall be the first day of the month immediately following the date he retires
from the employ of the County under the provisions of this Section.
(b) Amount of Retirement Benefit. The monthly retirement benefit
payable to a Participant who retires on his Enhanced Early Retirement Date shall be an amount
equal to: (a) 1% of the Participant’s Average Earnings multiplied by (b) his Credited Service on
and after January 1, 1977 plus an additional ten (10) years of service to be added to the years of
Credited Service for purposes of computing the amount of the retirement benefit, up to a
maximum of one hundred percent (100%) of Average Earnings for the Participant’s high three
(3) years of Earnings, any contrary provision of this Section notwithstanding. The amount of the
monthly Enhanced Retirement Benefit shall not be reduced for any month or time period by
which the Enhanced Early Retirement Date of a Participant precedes his Normal Retirement
Date, notwithstanding any other provision of this the Plan.
(c) Prerequisite for Electing Early Retirement. Any Participant
electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of
Richmond County, Georgia and Augusta-Richmond County, Georgia and its officials, agents,
and employees for any and all claims arising out of such Employee’s employment by Richmond
County, Georgia and/or Augusta-Richmond County, Georgia, and agreeing not to seek or accept
any further employment by Augusta-Richmond County, or its Constitutional and elected
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officials. This Section shall not be construed as prohibiting any such person from seeking any
elective position by the State of Georgia or Augusta-Richmond County.
3.06 Vesting and Termination of Employment.
(a) Participant, other than a department head appointed as such by
Richmond County, who terminates employment with the County before completing 5 years of
Credited Service, for any reason other than death or retirement, will receive a lump-sum cash
amount equal to the total of his Contributions with interest, payable within 60 days after his date
of termination.
(b) A Participant, other than a department head appointed as such by
Richmond County, who terminates employment with the County for any reason other than death
or early retirement, after the completion of at least 5 years of Credited Service will receive a
deferred retirement benefit beginning on his Normal Retirement Date, provided he is then alive,
equal to the monthly benefit computed in the same manner as for normal retirement under
Section 3.01(b)(l).
(c) A Participant who is appointed a department head by Richmond
County and who terminates employment with the County for any reason other than death or early
retirement will receive a deferred retirement benefit beginning on his Normal Retirement Date,
provided he is then alive, equal to the monthly benefit computed in the same manner as for
normal retirement under Section 3.01(b)(1).
(d) Notwithstanding anything in the Plan to the contrary, upon
approval from the Commission, which approval shall not be unreasonably withheld, a Participant
or Beneficiary who is entitled to receive benefits under the Plan shall be entitled to receive a
lump sum payment of the Participant’s Contributions with Interest in lieu of receiving benefits
under the Plan; provided that such election must be made within 4 years after the Participant
terminates employment and before the Participant or Beneficiary is otherwise entitled to benefits
under the Plan.
3.07 Cost of Living Adjustment of Benefits.
(a) Definition of Terms Used in This Section.
(1) “Current Cost-of-Living Index” means the average of the
monthly Consumer Price Index for the 12 month period ending December 31 each year as
determined by the Bureau of Labor Statistics of the United States Department of Labor for all
items and major groups, United States city average.
(2) “Participant Base Index” for any Participant who dies or
retires under the provisions of the Plan an or after January 1, 1977, means the average of the
Consumer Price Index for the 12 month period ending prior to the date of death or retirement. In
the event the base year used in computing the monthly Consumer Price Index should be changed
by the Bureau of Labor Statistics, the Board, with the advice of the Plan actuary, shall adjust the
Participant Base Index of each retired Participant with benefit payments commencing during the
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first year in which such change was made so as to effect the original intent of this Section in an
equitable manner.
(3) “Adjusted Participant Index” means the Participant Base
Index adjusted for all percentage adjustments made in benefits prior to the current Annual
Adjustment Date.
(4) “Annual Adjustment Date” means March 1 of each year
commencing March 1, 1977 as to any Participant who dies or retires on or after January 1, 1977.
(b) Annual Adjustment. The Board shall ascertain the Current
Cost-of-Living Index as of January 1 each year and the benefits being paid under Sections 3, 4,
or 5 to any Participants, Beneficiary, or Joint Annuitant, as previously adjusted under this
Section, shall be further adjusted as of the Annual Adjustment Date as follows:
(1) If the Current Cost-of-Living Index is more than 100% of
the Adjusted Participant Index, the benefit shall be increased by a percentage equal to the
difference between: (a) the percentage representing the Current Cost-of-Living Index divided by
the Adjusted Participant Index and (b) 100%.
(2) If the Current Cost-of-Living Index is less than 100% of the
Adjusted Participant Index, the benefit shall remain unchanged.
(3) Notwithstanding the foregoing provisions of this Section,
no increase in the amount of the monthly retirement benefit due to changes in the Current
Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 5% of the
amount of the monthly retirement benefit payable immediately prior to such date.
3.08 Payment of Small Benefits. If a Participant’s monthly benefit payable under any
provision of Section 3 is less than $20 per month, the actuarially determined equivalent of such
monthly benefit may be paid in a single-sum cash settlement.
3.09 Required Distribution Rules Effective January 1, 1987 Through December 31, 2002.
(a) Payment to the Participant.
(1) Any other provision of the Plan notwithstanding, the Plan
will cash-out each Participant’s Accrued Benefit, or will begin annuity payments, no later than
the April 1 following the calendar year in which he retires, or the later calendar year in which he
reaches age 70½.
(2) The Plan will pay the Accrued Benefit over a period not
extending beyond the Participant’s lifetime or life expectancy, or over a period not extending
beyond the joint and last survivor life expectancies of the Participant and his spouse or other
beneficiary, using age(s) attained as of the end of the calendar year in which the Participant
retires (or reaches age 70½ if later), and the Accrued Benefit as of that date. However, if the
beneficiary of a joint and survivor annuity form of payment is not the spouse and is more than 10
years younger than the Participant, payments to the beneficiary will not exceed the applicable
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percentage of the Participant’s benefit payments required by the incidental benefit rule. The
Commission will not recalculate the life expectancy(s).
(b) Participant’s Death After Benefits Begin. If the Participant dies
after his payments have begun in a survivor annuity form, the Commission will pay the survivor
benefits at least as rapidly as under the form of annuity in effect before his death.
(c) Participant’s Death Before Benefits Begin. If the Participant dies
before his payments have begun, the Commission will pay his entire Accrued Benefit no later
than December 31 of the calendar year which contains the fifth anniversary of his death.
However, this five-year rule will not apply if the primary Beneficiary is an individual and
circumstances permit the Commission to use the exception described below.
(1) Surviving Spouse as Primary Beneficiary. If the
Participant’s surviving spouse is the Beneficiary, the Commission will begin payments not later
than the end of the calendar year during which the Participant would have reached age 70½, and
will continue payments over a period not extending beyond the Participant’s spouse’s life
expectancy, using age attained as of that date and not recalculated.
(2) Non-Spouse Primary Beneficiary. If the Beneficiary is an
individual other than the Participant’s spouse, the Commission will begin payments not later than
the last day of the calendar year following the year in which the Participant’s death occurs, and
will continue payments over a period not extending beyond the Beneficiary’s life, or life
expectancy determined as of that date and not recalculated. If the Beneficiary dies before
receiving 120 payments under the ten years certain and life annuity described in Section 5.02, the
Commission will continue to use the primary Beneficiary’s life expectancy for purposes of
making payments to an individual contingent Beneficiary.
(d) Compliance with Code Section 401(a)(9). Effective January 1,
1987, it is the intent of the Commission that this Section provide that the beginning dates and
payment periods of benefits payable to each Participant and Beneficiary will be within the
limitations permitted under Code Section 401(a)(9), as in effect from time to time, and the
proposed regulations under Code Section 401(a)(9) published in the Federal Register on July 27,
1987, 52 FR 28070. If there is any discrepancy between this Section 3.09 and Code Section
401(a) (9) and its associated regulations, that Code Section and regulations will prevail.
3.10 Required Distribution Rules Effective January 1, 2003.
(a) General Rules.
(1) Precedence. The requirements of this article will take precedence over
any inconsistent provisions of the Plan.
(2) Requirements of Treasury Regulations Incorporated. All distributions
required under this Section 3.10 will be determined and made in
accordance with the Treasury regulations under Section 401(a)(9) of the
Internal Revenue Code.
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(b) Time and Manner of Distribution.
(1) Required Beginning Date. The Participant’s entire interest will be
distributed, or begin to be distributed, to the Participant no later than the
participant’s Required Beginning Date.
(2) Death of a Participant Before Distributions Begin. If the Participant dies
before the distributions begin, the Participant’s entire interest will be
distributed, or begin to be distributed, no later than as follows:
A. If the Participant’s surviving spouse is the Participant’s sole Designated
Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar
year immediately following the calendar year in which the Participant died, or by December 31
of the calendar year in which the Participant would have attained age 70 1/2, if later.
B. If the Participant’s surviving spouse is not the Participant’s sole
Designated Beneficiary, then distributions to the Designated Beneficiary will begin by December
31 of the calendar year immediately following the calendar year in which the Participant died.
C. If there is no Designated Beneficiary as of September 30 of the year
following the year of the Participant’s death, the Participant’s entire interest will be distributed
by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
D. If the Participant’s surviving spouse is the Participant’s sole Designated
Beneficiary and the surviving spouse dies after the Participant but before distributions to the
surviving spouse begin, this Section 3.10(b)(2), other than section 3.10(b)(2)A., will apply as if
the surviving spouse were the participant.
For purposes of this section 3.10(b)(2) and section 3.10(e), distributions are considered to begin
on the Participant’s Required Beginning Date (or, if section 3.10(b)(2)D. applies, the date
distributions are required to begin to the surviving spouse under section 3.10(b)(2)A.). If annuity
payments irrevocably commence to the Participant before the Participant’s Required Beginning
Date (or to the Participant’s surviving spouse before the date distributions are required to begin
to the surviving spouse under section 3.10(b)(2)A.), the date distributions are considered to begin
is the date distributions actually commence.
(3) Form of Distribution. Unless the Participant’s interest is distributed in the
form of an annuity purchased from an insurance company or in a single
sum on or before the Required Beginning Date, as of the first distribution
calendar year distributions will be made in accordance with Sections
3.09(c), 3.09(d) and 3.09(e) hereof. If the Participant’s interest is
distributed in the form of an annuity purchased from an insurance
company, distributions thereunder will be made in accordance with the
requirements of Code Section 401(a)(9) and the Treasury regulations.
Any part of the Participant’s interest which is in the form of an individual
account described in Code Section 414(k)will be distributed in a manner
satisfying the requirements of Code Section 401(a)(9) and the Treasury
regulations that apply to individual accounts.
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(c) Determination of Amount to be Distributed Each Year.
(1) General Annuity Requirements. If the Participant’s interest is paid in the
form of annuity distributions under the Plan, payments under the annuity
will satisfy the following requirements:
A. the annuity distributions will be paid in periodic payments made at
intervals not longer than one year;
B. the distribution period will be over a life (or lives) or over a period certain
not longer than the period described in section 4 or 5;
C. once payments have begun over a period certain, the period certain will
not be changed even if the period certain is shorter than the maximum permitted;
D. payments will either be nonincreasing or increase only as follows:
(i) by an annual percentage increase that does not exceed the
annual percentage increase in a cost-of-living index that is based on prices of all items and issued
by the Bureau of Labor Statistics;
(ii) to the extent of the reduction in the amount of the
participant’s payments to provide for a survivor benefit upon death, but only if the beneficiary
whose life was being used to determine the distribution period described in section 4 dies or is no
longer the participant’s beneficiary pursuant to a qualified domestic relations order within the
meaning of section 414(p);
(iii) to provide cash refunds of employee contributions upon the
participant’s death; or
(iv) to pay increased benefits that result from a plan
amendment.
(2) Amount Required to be Distributed by Required Beginning Date. The
amount that must be distributed on or before the Participant’s Required
Beginning Date (or, if the participant dies before distributions begin, the
date distributions are required to begin under section 3.10(b)(2)A. or
3.10(b)(2)B.) is the payment that is required for one payment interval.
The second payment need not be made until the end of the next payment
interval even if that payment interval ends in the next calendar year.
Payment intervals are the periods for which payments are received, e.g.,
bi-monthly, monthly, semi-annually, or annually. All of the Participant’s
benefit accruals as of the last day of the first distribution calendar year will
be included in the calculation of the amount of the annuity payments for
payment intervals ending on or after the Participant’s Required Beginning
Date.
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(3) Additional Accruals After First Distribution Calendar Year. Any
additional benefits accruing to the Participant in a calendar year after the
first distribution calendar year will be distributed beginning with the first
payment interval ending in the calendar year immediately following the
calendar year in which such amount accrues.
(d) Requirements for Annuity Distributions that Commence During Participant’s
Lifetime.
(1) Joint Life Annuities Where the Beneficiary is Not the Participant’s
Spouse. If the Participant’s interest is being distributed in the form of a
joint and survivor annuity for the joint lives of the Participant and a
nonspouse beneficiary, annuity payments to be made on or after the
Participant’s Required Beginning Date to the Designated Beneficiary after
the Participant’s death must not at any time exceed the applicable
percentage of the annuity payment for such period that would have been
payable to the Participant using the table set forth in Q&A-2 of section
1.401(a)(9)-6T of the Treasury regulations. If the form of distribution
combines a joint and survivor annuity for the joint lives of the Participant
and a nonspouse beneficiary and a period certain annuity, the requirement
in the preceding sentence will apply to annuity payments to be made to the
Designated Beneficiary after the expiration of the period certain
(2) Period Certain Annuities. Unless the Participant’s spouse is the sole
Designated Beneficiary and the form of distribution is a period certain and
no life annuity, the period certain for an annuity distribution commencing
during the Participant’s lifetime may not exceed the applicable distribution
period for the Participant under the Uniform Lifetime Table set forth in
section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that
contains the annuity starting date. If the annuity starting date precedes the
year in which the Participant reaches age 70, the applicable distribution
period for the Participant is the distribution period for age 70 under the
Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury
regulations plus the excess of 70 over the age of the Participant as of the
Participant’s birthday in the year that contains the annuity starting date. If
the Participant’s spouse is the Participant’s sole Designated Beneficiary
and the form of distribution is a period certain and no life annuity, the
period certain may not exceed the longer of the Participant’s applicable
distribution period, as determined under this Section 3.09(d)(2), or the
joint life and last survivor expectancy of the Participant and the
Participant’s spouse as determined under the Joint and Last Survivor Table
set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the
Participant’s and spouse’s attained ages as of the Participant’s and
spouse’s birthdays in the calendar year that contains the annuity starting
date.
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(e) Requirements for Minimum Distributions Where Participant Dies Before Date
Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies
before the date distribution of his or her interest begins and there is a
Designated Beneficiary, the Participant’s entire interest will be distributed,
beginning no later than the time described in section 3.10(b)(2)A. or
3.10(b)(2)B., over the life of the Designated Beneficiary or over a period
certain not exceeding:
A. unless the annuity starting date is before the first distribution calendar
year, the life expectancy of the Designated Beneficiary determined using the beneficiary’s age as
of the beneficiary’s birthday in the calendar year immediately following the calendar year of the
Participant’s death; or
B. if the annuity starting date is before the first distribution calendar year, the
life expectancy of the Designated Beneficiary determined using the beneficiary’s age as of the
beneficiary’s birthday in the calendar year that contains the annuity starting date.
(2) No Designated Beneficiary. If the Participant dies before the date
distributions begin and there is no Designated Beneficiary as of September
30 of the year following the year of the Participant’s death, distribution of
the Participant’s entire interest will be completed by December 31 of the
calendar year containing the fifth anniversary of the participant’s death.
(3) Death of Surviving Spouse Before Distributions to Surviving Spouse
Begin. If the Participant dies before the date distribution of his or her
interest begins, the Participant’s surviving spouse is the Participant’s sole
Designated Beneficiary, and the surviving spouse dies before distributions
to the surviving spouse begin, this section 5 will apply as if the surviving
spouse were the Participant, except that the time by which distributions
must begin will be determined without regard to section 2.02(a).
(f) Definitions. For purposes of this Section 3.10, the capitalized terms used herein
shall have the following meanings:
(1) Designated Beneficiary. The individual who is designated as the
Beneficiary under Section 4.04 of the Plan and is the designated
beneficiary under section 401(a)(9) of the Internal Revenue Code and
section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.
(2) Distribution Calendar Year. A calendar year for which a minimum
distribution is required. For distributions beginning before the
Participant’s death, the first distribution calendar year is the calendar year
immediately preceding the calendar year which contains the Participant’s
Required Beginning Date. For distributions beginning after the
Participant’s death, the first distribution calendar year is the calendar rear
in which distributions are required to begin pursuant to section 3.10(b)(2).
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(3) Life Expectancy. Life expectancy as computed by use of the Single Life
Table in section 1.401(a) (9)-9 of the Treasury regulations.
(4) Required Beginning Date. April 1 of the calendar year following the later
of the calendar year in which the Participant attains age 70½ or the
calendar year in which the Participant retires from employment with the
City.
3.11 Code Section 415 Limit.
(a) Definitions. When used in this Section 3.11, the following terms
shall have the definitions set forth in this Section 3.11(a).
(1) Defined Benefit Dollar Limitation.
A. Effective as of January 1, 1977, the “Defined
Benefit Dollar Limitation” is $75,000 (subject to adjustments required under applicable law for
employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of
the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of
a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation
years ending with or within the calendar year for which the adjustment applies.
B. Effective as of January 1, 1983, the “Defined
Benefit Dollar Limitation” is $90,000 (subject to adjustments required under applicable law for
employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of
the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of
a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation
years ending with or within the calendar year for which the adjustment applies.
C. Effective as of January 1, 2002, the “Defined
Benefit Dollar Limitation” is $160,000 (subject to adjustments required under applicable law for
employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of
the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of
a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation
years ending with or within the calendar year for which the adjustment applies.
(2) Defined Benefit Compensation Limitation. The “Defined
Benefit Compensation Limitation” is 100% of Participant’s average compensation for his or her
high 3 years of employment with the City.
(3) Maximum Permissible Benefit. The “Maximum
Permissible Benefit” is the lesser of the Defined Benefit Dollar Limitation or the Defined Benefit
Compensation Limitation (both adjusted where required, as provided in paragraphs (A) of (B) of
this Section 3.11(b)(1).
(4) Minimum Age.
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A. Effective as of January 1, 1977, the “Minimum
Age” is 55.
B. Effective as of January 1, 1983, the “Minimum
Age” is 62.
(5) Maximum Age. Effective as of January 1, 1983, the
“Maximum Age” is 65.
(b) Limitation on Benefits.
(1) Effective January 1, 1977 and subject to this Section 3.11,
in no event will the annual benefits payable to any Participant exceed the Maximum Permissible
Benefit at the time the Participant ceases to accrue Credited Service.
(2) In accordance with Code Section 415(b)(10),
notwithstanding anything in this Section 3.11 to the contrary, for purposes of Employees who
became Participants before January 1, 1990, the benefit limitations contained in this Section 3.11
shall not be less than such Participant’s Accrued Benefit under the Plan (as determined without
regard to any Plan amendment made after October 14, 1987).
(c) Adjustments to the Defined Benefit Dollar Limitation.
(1) Effective as of January 1, 1977, if the retirement benefit of
a Participant begins prior to the Minimum Age, the Defined Benefit Dollar Limitation applicable
to the Participant at such earlier age is an annual benefit payable in the form of a straight life
annuity beginning at the earlier age that is the Actuarial Equivalent of the Defined Benefit Dollar
Limitation applicable to the Participant at the Minimum Age (adjusted as required pursuant to
this Section 3.11). The Defined Benefit Dollar Limitation applicable at an age lesser than the
Minimum Age is determined as the lesser of: (i) the actuarial equivalent (at such age) of the
Defined Benefit Dollar Limitation computed using the interest rate and mortality table (or other
tabular factor) specified in Section 1.02 of the Plan and (ii) the actuarial equivalent (at such age)
of the Defined Benefit Dollar Limitation computed using a 5 percent interest rate and the
applicable mortality table as defined in Section 1.02 of the Plan. Any decrease in the Defined
Benefit Dollar Limitation determined in accordance with this Section 3.11 shall not reflect a
mortality decrement if benefits are not forfeited upon the death of the Participant. If any benefits
are forfeited upon death, the full mortality decrement is taken into account.
(2) Effective as of January 1, 1983, if the benefit of a
Participant begins after the Participant attains the Maximum Age, the Defined Benefit Dollar
Limitation applicable to the Participant at such later age is the annual benefit payable in the form
of a straight life annuity beginning at the later age that is actuarially equivalent to the Defined
Benefit Dollar Limitation applicable to the Participant at the Maximum Age (adjusted as
required pursuant to this Section 3.11). The actuarial equivalent of the Defined Benefit Dollar
Limitation applicable at an age after the Maximum Age is determined as (i) the lesser of the
actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using the
interest rate and mortality table (or other tabular factor) specified in Section 1.02 of the Plan and
(ii) the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed
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using a 5 percent interest rate assumption and the applicable mortality table as defined in Section
1.02 of the Plan. For these purposes, mortality between the Maximum Age and the age at which
benefits commence shall be ignored.
(3) Notwithstanding anything in this Section 3.11 to the
contrary, benefit increases resulting from the increase in the Defined Benefit Dollar Limitation
pursuant to Section 3.11(a)(1)C. shall be limited to all Participants who have one hour of
Credited Service on or after the first day of the first limitation year ending after December 31,
2001.
(4) Notwithstanding anything in this Section 3.11 to the
contrary, in the case of a Participant who has fewer than 10 years of Credited Service, the
Defined Benefit Dollar Limitation shall be multiplied by a fraction, (i) the numerator of which is
the number of years of Credited Service and (ii) the denominator of which is 10.
(5) Notwithstanding anything in this Section 3.11 to the
contrary, effective as of January 1, 1987, the annual benefit of any Participant who is a police
officer or firefighter and who has at least 15 years of Credited Service may be determined
without regard to Section 3.11(c)(1).
(d) For distributions commencing prior to January 1, 2002 and for
Participants who do not have one hour of Credited Service after this date, the City shall, to the
extent required by the Economic Growth and Tax Relief Reconciliation Act of 2001 and in
accordance with the Code, apply the limitations contained in Code Section 415, as in effect at the
time the distribution commenced; subject to the disregard of Code Section 415(e) for
distributions occurring after January 1, 2000.
(e) Effective as of January 1, 1977 through December 31, 1999, the
limitation established by Section 415(e) of the Code (as in effect from time to time) shall apply
to the calculation of any Participant’s annual benefit.
3.12 Rollover Distributions. Except where otherwise provided, Section 3.12 shall apply to
benefits payable, but only to the extent required by the plan qualification rules of Section 401(a)
of the Code.
(a) Effective January 1, 1993, notwithstanding any contrary provision
of the Plan, a Distributee may elect, at the time and in the manner prescribed by the City, to have
any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan
specified by the Distributee in a Direct Rollover.
(b) The special capitalized terms used only in this Section 3.12 shall
have the meanings specified below:
(1) “Direct Rollover” means a payment by the Plan to the
Eligible Retirement Plan specified by the Distributee.
(2) “Distributee” means a Participant. In addition, a
Participant’s surviving spouse and a Participant’s spouse or former spouse who is the alternate
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payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are
Distributees with regard to the interest of the spouse or former spouse.
(3) “Eligible Retirement Plan” means an individual retirement
account described in Section 408(a) of the Code, an annuity plan described in Section 403(a) of
the Code, an annuity contract described in Section 403(b) of the Code, or a qualified trust
described in Section 401(a) of the Code that accepts the Distributee’s Eligible Rollover
Distribution. Effective for Plan Years ending before January 1, 2002, in the case of an Eligible
Rollover Distribution to the Employee’s or former Employee’s surviving spouse, an Eligible
Retirement Plan shall mean only an individual retirement account or individual retirement
annuity. Effective as of January 1, 2002, the definition of “Eligible Retirement Plan” shall also
apply to an annuity contract described in Section 403(b) of the Code, an eligible plan under
Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any
agency or instrumentality of a state or political subdivision of a state and which agrees to
separately account for amounts transferred into such plan from this Plan, and in the case of a
distribution to an Employee’s surviving spouse, or to a spouse or former spouse who is the
alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the
Code.
(4) “Eligible Rollover Distribution” means any distribution of
all or any portion of the Accrued Benefit to the credit of the Distributee, except that an Eligible
Rollover Distribution does not include: (1) any distribution that is one of a series of substantially
equal periodic payments (not less frequently than annually) made for the life (or life expectancy)
of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the
Distributee’s designated Beneficiary, or for a specified period of ten years or more; (2) any
distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and
(3) the portion of any distribution that is not includible in gross income. Effective as of January
1, 2002, notwithstanding the foregoing, any amount that is distributed on account of hardship, to
the extent allowed under the Plan, shall not constitute an Eligible Rollover Distribution.
SECTION 4
DEATH BENEFITS
4.01 Death Prior to Retirement.
(a) Non-Duty Connected Death. If the employment of a Participant is
terminated by reason of his death prior to his Normal Retirement Date and such death was not
the result of the Participant actively performing the prescribed duties of his job, there shall be
payable to his surviving spouse or, if no spouse survives, then to his designated Beneficiary, a
lump-sum cash amount equal to the total amount of the Participant’s Contributions with Interest.
(b) Duty Connected Death.
(1) If the employment of a Participant is terminated by reason
of his death while actively performing the prescribed duties of his job and not resulting from any
misconduct or willful negligence of the Participant, the spouse (if any) of such deceased
Participant will receive a monthly benefit equal to twenty-five percent (25%) of the Participant’s
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Average Earnings at date of death, such benefit to commence on the first day of the month
following the last payment of: (a) any monthly benefits provided under the Workmen’s
Compensation Laws of Georgia, or (b) if paid in a lump-sum amount, the last monthly payment
which would otherwise be payable if such lump-sum payment is equitably adjusted on the basis
of the monthly amount to which the Participant would be entitled under such law. The monthly
benefit shall be payable until the spouse of the deceased Participant dies or remarries; provided,
however, in the event of the spouse’s death while a minor child or children of the deceased
Participant survive, the same monthly benefit shall continue for the benefit of such child or
children, in equal monthly shares, to the earlier of: (a) the marriage or (b) attainment of age 18 as
to each child.
(2) In the event of the death of a Participant described in
paragraph (b)(1) of this Section, who does not leave a surviving spouse but leaves a surviving
child or children, the legal guardian of such children shall receive on their behalf the benefits
provided in paragraph (b)(1) of this Section.
(3) If no spouse or children survive the deceased Participant, a
lump-sum cash amount equal to the total amount of the Participant’s contributions with interest
shall be paid to his designated Beneficiary.
4.02 Death After Retirement. If a Participant dies subsequent to his retirement and had not
elected an optional form of payment in accordance with Section 5, or had elected to receive a
deferred benefit under Section 3.02(b)(l) or Section 3.05(b) but such benefit had not commenced,
his Beneficiary shall receive a lump-sum cash amount equal to the excess, if any, of (a) the
Participant’s Contribution with Interest, over (b) the total monthly payments, if any, made to the
Participant prior to his date of death, such amount to be payable within 60 days following the
Participant’s date of death.
4.03 Adjusted Benefit. The amount of monthly retirement benefit provided under this Section
4 shall be adjusted by the cost-of-living adjustment as provided in Section 3.07 upon
commencement of such benefit.
4.04 Designation of Beneficiaries.
(a) Each Participant shall designate a Beneficiary to receive the
benefits, if any, which may be payable in the event of his death pursuant to the provision of
Section 4 or 5. Such designation shall be made in writing on a form provided by the Board and
shall be signed and filed with the Board. The Participant may change his designation from time
to time by filing the proper form with the Board, and each change shall revoke all prior
designations by the Participant. In each such designation the Participant may name one or more
primary Beneficiaries and one or more contingent Beneficiaries. If no Beneficiary designated by
the Participant survives the Participant, the Board may direct the payment of such benefits to (a)
the spouse of the deceased, if living; otherwise, to (b) the descendents of the deceased Participant
per stirpes or on their behalf as provided in Section 10.04; or if none, to (c) the legal
representative of the estate of the deceased Participant.
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(b) In the event of the death of a Beneficiary who survives the
Participant and who, at his or her death, is receiving benefits as described in paragraph A of this
Section, the remaining benefits, if any, shall be payable to a person designated by the Participant
to receive the remaining benefits, or, if no person was so designated, then to a person designated
by the Beneficiary of the deceased Participant; provided, however, that if no person so
designated be living upon the occurrence of such contingency, the remaining benefits, if any,
shall be payable to (a) the spouse of the deceased Participant, if living; otherwise to (b) the
descendents of the deceased Beneficiary per stirpes or on their behalf as provided in Section
10.04; or if none, to (c) the legal representative of the estate of the deceased Beneficiary, as the
Board in its sole discretion may determine.
(c) In the event the Board does not direct the payments as specified in
paragraphs A or B of this Section, the Board may elect to have a court of applicable jurisdiction
determine to whom payments should be made, and the Board shall follow such instructions as
the court may give.
SECTION 5
OPTIONAL FORMS OF RETIREMENT INCOME
5.01 Election of Optional Retirement Benefits. A Participant may elect, or may revoke a
previous election and make a new election, at any time 30 days or more prior to his Normal
Retirement Date, Early Retirement Date, Enhanced Retirement Date or Delayed Retirement
Date, whichever is applicable, to have his retirement benefit payable under one of the options
hereinafter set forth in lieu of the retirement benefit he is otherwise entitled to receive under
Section 3.01, 3.02, or 3.04. The benefit shall be paid in accordance with the terms of such option
elected. Election of any option shall be made by the Participant in writing and shall be subject to
approval by the Board. No optional election is available for Disability Retirement (Section
3.03).
5.02 Description of Options. The amount of any optional retirement benefit set forth below
shall be the Actuarial Equivalent of the amount of benefit that would otherwise be payable to the
Participant under the applicable provision of Section 3 without regard to any future cost-of-living
adjustments.
(a) Option A - Ten Years Certain and Life Option. An adjusted
monthly retirement benefit payable to the Participant during his lifetime and, in the event of his
death within a period of ten years after his retirement, the same monthly amount shall be payable
for the remainder of such ten year period to his Beneficiary.
(b) Option B - Joint and Last Survivor Option. An adjusted monthly
retirement benefit which shall be payable during the joint lifetime of the Participant and his Joint
Annuitant, with a previously designated percentage (100%, 75%, or 50%) of the benefit amount
continuing after the death of either during the lifetime of the survivor.
The amount of monthly retirement benefit payable under any option selected in accordance with
the provisions of this Section shall be adjusted by the cost-of-living adjustment as provided in
Section 3.07; provided, however, that if payments are to be made to an estate the commuted
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value of such payment shall be made in lieu of continuation of monthly payments. Such
commuted value shall be equal to the amount of the lump-sum value of the remaining monthly
payments in the amount of the last monthly payment, discounted on such actuarial tables as may
be adopted by the Board, ignoring any future cost-of-living adjustments.
5.03 Joint Annuitant or Beneficiary.
(a) A Participant who elects Option A of Section 5.02(a) shall
designate (in accordance with Section 4.04), on a form provided for that purpose, a person to
receive benefits payable in the event of the Participant’s death. Such person(s) shall be the
Beneficiary of the Participant.
(b) A Participant who elects Option B of Section 5.02(b) with benefits
payable after his death for another person’s lifetime shall, designate, on a form provided for that
purpose a person to receive the benefits which continue to be payable upon the death of the
Participant. Such person shall be the Joint Annuitant of the Participant.
5.04 Cancellation of Election. The election by a Participant of Option B of Section 5.02 shall
be null and void if either the Participant or his designated Joint Annuitant should die before
benefits commence.
SECTION 6
CONTRIBUTIONS
6.01 County Contributions. Contributions by the County shall be paid to the Trustee at such
times and in such amounts as shall be determined by the County, based upon the
recommendations of an actuary. County contributions paid into the Fund shall be used only for
the benefit of the Participants and beneficiaries under the Plan.
6.02 Participant Contributions.
(a) Each Employee who becomes a Participant in the Plan must
contribute to the Fund an amount equal to 4% of his Earnings. The Participant will stop making
Contributions as of the earlier of: (1) the date he terminates employment for any reason, or (2)
his actual retirement date. All Participant Contributions an or after January 1, 1993 will be made
on a before-tax basis under Code Section 414(h). Participants will make their Contributions by
payroll deduction.
(b) A Participant who was most recently hired before January 1, 1993
may withdraw his Participant Contributions after filing a written application with the Board, on a
form provided by the Board and subject to the following conditions:
(1) The withdrawal will be effective 60 days after the date
when the Board receives the application.
(2) The Participant who withdraws his contributions will
discontinue participation in the Plan as of the date the withdrawal is effective, and he may not
resume participation for a period of 12 months following the withdrawal date. Any such
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Employee who elects to reenter the Plan after December 31, 1992 will continue to participate
until he terminates employment, dies, or retires.
(3) A Participant who withdraws his contributions from the
Plan will forfeit all Credited Service accrued to the date of withdrawal. No Participant whose
most recent date of hire is after December 31, 1992 may withdraw his Contributions before he
terminates employment.
SECTION 7
ADMINISTRATION OF PLAN
7.01 Administration.
(a) Powers of Board. The Board shall control the administration of the
Plan hereunder, with all powers necessary to enable it properly to carry out its duties in that
respect. Not in limitation, but in amplification of the foregoing, the Board shall have the power
to construe said Plan and to determine all questions that shall arise thereunder, and shall also
have all the powers elsewhere herein conferred upon it. It shall decide all questions relating to
the eligibility of Employees to participate in the benefits of the Plan, and shall determine the
benefits to which any Participant, Beneficiary, or Joint Annuitant may be entitled under the Plan.
The decisions of the Board upon all matters within the scope of its authority shall be final and
binding upon all parties to this instrument, Participants, and Participants’ Beneficiaries and Joint
Annuitants.
(b) The Plan shall be interpreted by the Board and all Plan fiduciaries
in accordance with the terms of the Plan and their intended meanings. However, the Board and
all Plan fiduciaries shall have the discretion to make any findings of fact needed in the
administration of the Plan, and shall have the discretion to interpret or construe ambiguous,
unclear or implied (but omitted) terms in any fashion they deem to be appropriate in their sole
judgment. The validity of any such finding of fact, interpretation, construction or decision shall
not be given de novo review if challenged in court, by arbitration or in any other forum, and shall
be upheld unless clearly arbitrary or capricious. To the extent the Board or any Plan fiduciary
has been granted discretionary authority under the Plan, the Board’s or Plan fiduciary’s prior
exercise of such authority shall not obligate it to exercise its authority in a like fashion thereafter.
If, due to errors in drafting, any Plan provision does not accurately reflect its intended meaning,
as demonstrated by consistent interpretations or other evidence of intent, or as determined by the
Board in its sole and exclusive judgment, the provision shall be considered ambiguous and shall
be interpreted by the Board and all Plan fiduciaries in a fashion consistent with its intent, as
determined by the Board in its sole discretion. The Board, acting as a nonfiduciary settlor, may
amend the Plan retroactively to cure any such ambiguity, notwithstanding anything in the Plan to
the contrary. This Section may not be invoked by any person to require the Plan to be
interpreted in a manner which is inconsistent with its interpretation by the Board or by any Plan
fiduciaries. All actions taken and all determinations made in good faith by the Board or by Plan
fiduciaries shall be final and binding upon all persons claiming any interest in or under the Plan.
(c) Records of Board. All acts and determination of the Board shall be
duly recorded by the clerk, or under his supervision, and all such records, together with such
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other documents as may be necessary for the administration of the Plan shall be preserved in the
custody of such clerk.
(d) Exemption from Liability of Board. The members of the Board,
and each of them, shall be free from all liability, joint, and several, for their acts, omissions and
conduct, and for the acts, omissions and conduct of their duly constituted agents, in the
administration of the Plan, and the County shall indemnify and save each of them harmless from
the effects and consequences of their acts, omissions, and conduct in their official capacity,
except to the extent that such effects and consequences shall result from their own willful
misconduct.
(e) Miscellaneous.
(1) The Board shall prepare and distribute to the Employees
information concerning the Plan, at the expense of the County, in such manner as it shall deem
appropriate.
(2) To enable the Board to perform its functions, the County
shall supply full and timely information of all matters relating to the compensation and length of
service of all Participants, their retirement, death or other cause of termination of employment,
and such other pertinent facts as the Board may require.
(3) The Board shall be entitled to rely upon all tables,
valuations, certificates, and reports furnished by an actuary, who shall be a member of the
American Academy of Actuaries, or an organization which one or more members is a member of
the American Academy of Actuaries and upon all certificates and reports made by an accountant
selected or approved by the Board. The Board shall be fully protected in respect to any action
taken or suffered by it in good faith in reliance upon the advice or opinion of any actuary,
accountant, or attorney, and all action so taken or suffered shall be conclusive upon each member
of the Board and upon all persons interested in the Plan.
SECTION 8
TRUST FUND AND TRUSTEES
8.01 Trust Fund.
(a) The assets of the Fund shall be held, administered, and invested by
the Board. The Fund shall consist of all payments by the County and Participants to the Fund as
provided in Section 6 and earnings from investments. The assets of the Fund shall be valued as
of the end of each Plan Year, and at any other time required by the Board, at the then existing
book and market value.
(b) The Trustee shall maintain a separate permanent record of the
Fund. All decisions of the Board and the Trustee in regard to the Fund or any payments or
withdrawals therefrom shall be entered on the permanent record kept by the Trustee and such
permanent record shall be open to inspection by any interested person at all regular business
hours.
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(c) The Board shall keep the Trustee and clerk of the board bonded at
all times in an amount equal to the total Fund in the possession of or under the control of either;
provided, however, that such bond shall not exceed $200,000 as to each party. The bonds shall
also cover any person acting for the Trustee or clerk who in any manner handles any assets of the
Fund or has any discretionary authority regarding same.
8.02 Amendment of Trust. The County shall have the right at any time, by an instrument in
writing duly executed by the Board and to the Trustee, to modify, alter, or amend this Plan and
Trust in whole or in part; provided, however, that the duties, powers, and liability of the Trustee
hereunder shall not be substantially increased without the County’s written consent, and
provided further, that no such amendment shall have the effect of revesting in the County any
part of the principal or income of the Fund.
8.03 Discontinuance of Trust and Vesting. The County expressly reserves the right to
terminate this Plan and Trust Agreement at any time. Upon termination of the Plan by the
County, or complete discontinuance of Employee or County contributions thereunder, having the
effect of termination, the rights of each Participant to benefits accrued to the date of such
termination or discontinuance, to the extent then funded, shall be nonforfeitable. In either case
the Trustee shall, upon instructions from the County, continue to administer the Fund as provided
in Section 9.02. No part of the Fund shall at any time revert to the County unless all benefits for
Participants and their Payees have been provided.
8.04 Powers of Trustee. The Trustee shall have the following powers and authority in the
administration of the Fund to be exercised in accordance with and subject to the provisions of
Section 8.05 hereof:
(a) Purchase of Property. To purchase, or subscribe for, only
securities, stocks, bonds, or other property specified in Section 8.05 and to retain the same in the
Fund.
(b) Sale, Exchange, conveyance, and Transfer of Property. To sell,
exchange, convey, transfer, or otherwise dispose of any securities or other property held by the
Fund by private contract or at public auction. No person dealing with the Trustees shall be
bound to see the application of the purchase money or to inquire into the validity, expediency or
propriety of any such sale or other disposition.
(c) Exercise of Owner’s Rights. To vote upon any stocks, bonds, or
other securities; to give general proxies or powers of attorney with or without power of
substitution; exercise any conversion privileges, subscription rights, or other options, and to
make any payments incidental thereto; to oppose or consent to, or otherwise to participate in,
corporate reorganizations or other changes affecting corporate securities, an to delegate
discretionary powers, and to pay any assessments or charges in connection therewith; and
generally to exercise any of the powers of any owner with respect to stocks, bonds, securities, or
other property held as part of the Fund.
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(d) Retention of Cash. To keep such portion of the Fund in cash or
cash balances as the Trustee may, from time to time, deem to be in the best interest of the Fund,
without liability for interest thereon.
(e) Execution of Instruments. To make, execute, acknowledge, and
deliver any and all documents of transfer and conveyance and any and all other instruments that
may be necessary or appropriate to carry out the powers herein granted.
(f) Settlement of Claims and Debts. To settle, compromise, or submit
to arbitration any claims, debts, or damages due or owing to or from the Fund, to commence or
defend suits or legal administrative proceedings, and to represent the Fund in all suits and legal
and administrative proceedings, and any expenses incurred for such proceedings shall be paid by
the County.
(g) Employment of Agents and Counsel. To employ suitable agents
and counsel and pay their reasonable expenses and compensation; and
(h) Power to do Any Necessary Act. To do all such acts, take all such
proceedings and exercise all such rights and privileges, although not specifically mentioned
herein, as the Trustee may deem necessary to administer the Fund, and to carry out the Purposes
of this Trust. To serve without being required to file any returns or reports of any kind with any
court.
8.05 Investment of Fund.
(a) Effective from January 1, 1977 through January 5, 1998, the
Trustee is authorized to deposit funds held by it with any bank located in Richmond County,
Georgia, as depository. The Trustee shall have authority to invest and reinvest assets of the Fund
held for the purpose of paying benefits, but which is not needed for the immediate payment
thereof, as determined by the Trustee, in securities of the United States of America, including
securities of agencies of said government; of the State of Georgia; of Richmond County; or any
other county or municipality of the State of Georgia; or insured savings in savings and loan
associations and State and National Banks; corporate bonds and debentures or other evidence of
indebtedness assumed or guaranteed by any solvent institution existing under the laws of the
United States of America or any state thereof, interest and which are secured by collateral worth
at least 50% more than the par value of the entire issue of such obligations, but only if not more
than one-third of the total value of such required collateral consists of common stock. The Board
may also invest in corporate stocks which are non-assessable dividend paying stocks, common or
preferred, of any solvent corporation created or existing under the laws of the United States or
any state thereof; provided cash dividends of such commons stocks shall have been paid out of
current earnings in at least two of the last three years preceding the purchase, and provided
further, that the Fund shall not own more than (a) 10% of the issued and outstanding shares of
any one corporation of (b) an aggregate of more than 25% of the issued and outstanding shares
of corporate stock of any number of corporations.
(b) Effective January 6, 1998, the County comptroller shall be the
custodian of such fund and shall deposit all contributions to the Plan in a bank or banks, and,
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pursuant to the direction of the pension fund investment committee, which committee shall
consist of the members of the Augusta-Richmond County Commission, shall invest and reinvest,
from time to time, and portion thereof not immediately needed for the payment of pensions, in
securities approved by law for the investment of Trust funds; and, in such securities other than
those specifically approved by law for the investment of Trust funds, as the pension fund
investment committee shall deem proper, from time to time; provided, however, that the amount
of the Fund which may be invested in such securities other than those specifically approved by
law for the investment of Trust funds may not exceed fifty percent (50%) of the total amount of
the Fund then outstanding; and in addition thereto, the investment committee may reinvest such
funds in bonds and debentures assumed or guaranteed by any solvent corporation or institution
existing under the laws of the United States of America, or any state thereof, provided such
bonds or debentures are rated at the time of their purchase, by a nationally recognized securities
rating service, as AAA (Aaa); AA (Aa) or A (a) or in lieu thereof, provided such bonds or
debentures are the type in which domestic life insurance companies are permitted to invest under
any applicable provisions of the Official Code of Georgia Annotated, as amended. The amount
of the pension fund which may be invested in the bonds and debentures of any once corporation
may not exceed ten percent (10%) of the total amount of such fund then outstanding.
8.06 Taxation. The Board, in its settlor capacity, is authorized to levy a tax from time to time
sufficient to pay the benefits provided under the terms of the Plan. Liabilities of the Fund for the
payment of benefits shall be determined by the Board, based upon the recommendations of an
actuary.
8.07 Resignation of Trustee. The Trustee may resign as Trustee of the Trust at any time by
giving sixty days written notice to the County, or with the consent of the County, the Trustee
may resign at any time. At such time as the resignation becomes effective, the Trustee shall
render to the County an account of its administration of the Fund during the period following that
covered by its last annual account, and shall perform all acts necessary to transfer and deliver the
assets of the Fund to its successor.
8.08 Successor Trustees. In the event of vacancy of one or more individuals in the trusteeship
of this Trust occurring at any time, the Board shall designate and appoint qualified successor
Trustee(s) until such individuals are elected by the electorate.
8.09 Liability of Trustee. The Trustee shall not be liable for the making, retention, or sale of
any investment authorized hereunder nor for a failure to make, retain, or sell any investment nor
shall the Trustee be liable for any loss to or diminishment of the Fund, except as shall be due to
its own willful misconduct or lack of good faith. The Trustee shall not be required to make any
inventory, appraisal, or report to any court, or to secure any order of court for the exercise of any
power herein contained.
8.10 Disbursements. Upon written direction (which may be a continuing one) from the Board
as to the name of any person to whom money is to be paid from the Fund and the amount
thereof, checks shall be drawn by the Trustee in the name of the person designated by the Board
and deliver such checks in such manner and amounts and at such time as the Board shall direct.
In the event the Trustee shall deem it necessary to withhold any distribution pending compliance
with legal requirements with respect to probate of wills, appointment of personal representatives,
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payment of or provision for estate or inheritance taxes, or for death duties or otherwise, the
Trustee shall withhold payment pending receipt of the instructions from the County Attorney to
make such distribution.
SECTION 9
AMENDMENT AND TERMINATION
9.01 Amendment of the Plan. The County shall have the right at any time pursuant to
authorization of the Board, to amend any or all of the provisions of the Plan; provided, however,
that no such amendment shall authorize or permit any part of the Fund to be diverted to purposes
other than for the exclusive benefit of Participants and their Payees; and further provided, that no
amendment shall have the effect of revesting in the County any portion of such Fund except such
amounts which remain in the Fund after termination of the Plan and after all liabilities under the
Plan have been satisfied.
9.02 Termination of the Plan.
(a) The County expects this Plan to be continued indefinitely but, of
necessity, reserves the right to terminate the Plan and its contributions thereunder at any time by
action of the Board; provided, however, that should the County terminate the Plan or completely
discontinue contributions hereunder so as the amount to a Plan termination, the accrued benefit
of each Participant, to the extent then funded, shall become fully vested and nonforfeitable as the
date of termination.
(b) In the event of termination of the Plan and upon receipt of written
notice of such termination, the Board shall arrange for the Fund to be apportioned and distributed
in accordance with the following procedure:
(1) The Board shall determine the date of distribution and asset
value of the Fund to be distributed, taking into account the expenses of distribution.
(2) The Board shall determine the method of distribution of the
asset value -- that is, whether distribution to each Participant or Payee entitled to benefits shall be
by payment in a lump-sum cash amount, the purchase of an annuity from an insurance company,
or otherwise.
(3) The Board shall apportion the asset value in the priority and
manner set forth below, on the basis that the amount required to provide any given retirement
benefit shall mean the actuarially computed single-sum value of such benefit, except that if the
method of distribution determined under Section 9.02(b)(2) involves the purchase of an insured
annuity, the amount required to provide the given retirement benefit shall mean the single
premium payable for such annuity:
A. An amount equal to each Participant’s
Contributions under the Plan with Interest, less the aggregate amount of any benefit payments
previously made with respect to such Participant, will be determined and such amount
apportioned from the asset value. Such asset value, if insufficient to provide such amounts in
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full will be apportioned among such Participants in proportion to the amounts determined with
respect to them.
B. If there be any asset value remaining after the
apportionment under A. above, apportionment shall next be made with respect to each retired
Participant receiving a retirement benefit hereunder an such date, each person receiving a
retirement benefit on such date on account of a retired (but since deceased) Participant, each
Participant who has, by such date, reached his Normal Retirement Date but has not yet retired, in
the amount required to provide such retirement benefit as of the date of termination of the Plan,
less any apportionment made in A. above, provided that, if such remaining asset value be less
than the aggregate of such amounts, such amounts shall be proportionately reduced so that the
aggregate of such reduced amounts will be equal to such asset value.
C. If there be any asset value remaining after the
apportionments under A. and B. above, apportionment shall next be made with respect to each
active Participant on such date who has reached his Early Retirement Date but has not yet
retired, in the amount required to provide such retirement benefit as of the termination date of the
Plan, less any apportionment in A. above, provided that, if such remaining asset value be less
than the aggregate of the amounts apportioned hereunder, such latter amounts shall be
proportionately reduced so that the aggregate of such reduced values will be equal to such
remaining asset value.
D. If there be any asset value remaining after the
apportionments under A., B., and C. above, apportionment shall next be made with respect to
each active Participant on such date who has completed at least 10 years of Credited Service and
each former Participant then entitled to a deferred benefit under Section 3.05(b) hereof who has
not, by such date, reached his Normal Retirement Date, none of whom is entitled to an
apportionment under B. above, in the amount required to provide the actuarially determined
value of the accrued benefit as of the termination date of the Plan, less any apportionment in A.
above; provided that, if such remaining asset value be less than the aggregate of the amounts
apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate
of such reduced values will be equal to such remaining asset value.
E. If there be any asset value remaining after
apportionments under A., B., C., and D. above, apportionment shall lastly be made with respect
to each active Participant on such date who is not entitled to an apportionment under B., C., and
D. above, in the amount required to provide the actuarially determined value of the accrued
benefit as of the date of termination of the Plan, less any apportionment in A. above; provided
that, if such remaining asset value be less than the aggregate of the amounts apportioned
hereunder, such latter amounts shall be proportionately. reduced so that the aggregate of such
reduced values will be equal to such remaining asset value.
F. In the event that any asset value remains after the
full apportionments specified in paragraphs A., B., C., D., and E. above, such excess shall revert
to the County.
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(4) The Board shall cause to be distributed, in accordance with
the manner of distribution determined under subsection (b)(2) of this Section 9.02, the amounts
apportioned under subsection (b)(3) of this Section 9.02.
SECTION 10
MISCELLANEOUS
10.01 Headings. The headings and subheadings in this Plan have been inserted for convenience
of reference only and are to be ignored in any construction of the provisions hereof.
10.02 Construction. In the construction of this Plan the masculine shall include the feminine
and the singular the plural in all cases where such meanings would be appropriate. This Plan
shall be construed in accordance with the laws of the State of Georgia.
10.03 Nonalienation. No benefits payable under the Plan will be subject to the claim or legal
process of any creditor of any Participant or Beneficiary, and no Participant or Beneficiary will
alienate, transfer, anticipate, or assign any benefits under the Plan, except that distributions will
be made pursuant to (a) qualified domestic relations orders issued in accordance with Code
Section 414(p), (b) judgments resulting from federal tax assessments, and (c) as otherwise
required by law.
10.04 Legally Incompetent. If any Participant or Payee is a minor, or, in the judgment of the
Board is otherwise legally incapable of personally receiving and giving a valid receipt for any
payment due him hereunder, the Board may, unless and until claim shall have been made by a
duly appointed guardian or committee of such person, direct that such payment or any part
thereof be made to such person’s spouse, child, parent, brother, or sister or other person deemed
by the Board to have incurred expense for or assumed responsibility for the expenses of such
person. Any payment so made shall be a complete discharge of any liability under this Plan for
such payment.
10.05 Benefits Supported Only By Fund. Any person having any claim under the Plan will
look solely to the assets of the Fund for satisfaction. In no event will the County, or any of its
officers, members of the Board, or agents, be liable in their individual capacities to any person
whomsoever, under the provisions of the Plan.
10.06 Discrimination. The County, through the Board, shall administer the Plan in a uniform
and consistent manner with respect to all Participants and shall not permit discrimination in favor
of officers, supervisory, or highly paid Employees.
10.07 Limitation of Liability; Legal Actions. It is expressly understood and agreed by each
Employee who becomes a Participant hereunder, that except for its or their willful negligence or
fraud, neither the County, the Trustee, nor the Board shall be in any way subject to any suit or
litigation, or to any legal liability, for any cause or reason whatsoever, in connection with this
Plan or its operation, and each such Participant hereby releases the County, Trustee, Board, and
all its officers and agents from any and all liability or obligation.
Attachment number 1
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LEGAL_US_E # 70727833.4 37
10.08 Claims. Any payment to a Participant, Joint Annuitant, or Beneficiary, or to their legal
representatives, in accordance with the provision of this Plan, shall to the extent thereof be in full
satisfaction of all claims hereunder against the Board, Trustee, and the County, any of whom
may require such Participant, Beneficiary, or legal representative, as a condition precedent to
such payment, to execute a receipt and release therefore in such form as shall be determined by
the Board.
10.09 Forfeitures. Forfeitures arising from any cause whatsoever under this Plan shall not be
applied to increase the benefits any Participant would otherwise receive under the Plan at any
time prior to the termination of the Plan or the complete discontinuance of County contributions
hereunder; forfeitures shall be applied to reduce the County’s contributions under the Plan in the
then current or subsequent years.
Attachment number 1
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LEGAL_US_E # 70727833.4 38
IN WITNESS WHEREOF, the County has caused this amended Plan to be duly executed
as of the ____ day of ___________ 2006, but effective as of the dates set forth herein.
AUGUSTA GEORGIA, AS SUCCESSOR TO
THE CITY COUNCIL OF AUGUSTA
ATTEST:
____________________________ By: __________________________________
(Seal) Mayor
Clerk
AUGUSTA GEORGIA, AS SUCCESSOR TO
THE CITY COUNCIL OF AUGUSTA
_____________________________________
Mayor
This Ordinance shall be effective as of the dates set forth herein. All ordinances and parts of
Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
APPROVED AND ENACTED by the Augusta-Richmond County Commission, on the
______ day of ______________ 2006.
Mayor
ATTEST:
Clerk
Attachment number 1
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CommissionMeetingAgenda
6/19/20072:00PM
OrdinanceRegardingOperationofMotorizedCart
Department:ClerkofCommission
caption2:MotiontoapproveanOrdinancetoamendandrestate the
CodeofAugustaRichmondCountyregardingtheopera tion
ofamotorizedcartinapublicstreet,road,orhi ghway;to
correctanerrortoareferencetotheO.C.G.A.;an dtorepeal
anyconflitingordinances.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 54
Attachment number 1
Page 1 of 3
Item # 54
Attachment number 1
Page 2 of 3
Item # 54
Attachment number 1
Page 3 of 3
Item # 54
CommissionMeetingAgenda
6/19/20072:00PM
Censure
Department:
caption2:DiscusstheCommission'scensureofCommissionerCa lvin
Holland.(RequestedbyCommissionerMarionWilliams )
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 55
CommissionMeetingAgenda
6/19/20072:00PM
Affidavit
Department:ClerkofCommission
caption2:MotiontoapproveexecutionbytheMayoroftheaff idavitof
compliancewithGeorgia'sOpenMeetingAct.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
Fundsare
Availableinthe
Following
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 56