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HomeMy WebLinkAboutORD 6655 RETIREMENT PLAN RICHMOND COUNTY EMPLOYEES (1977 PENSION PLAN) _ i s � � _ / ORDINANCE NO. 6655 ,� � � '�� � ��� , s RETIREMENT PLAN ', FOR EMPLOYEES OF RICHMOND COUNTY As Amended and Restated Effective January 1, 1997 �' CONTENTS PAGE SECTION DEFINITIONS ................................................................................................. 2 1.01 Accrued Benefit .................................................................................................... 2 I.02 Actuarial Equivalent ............................................................................................. 2 , 1.03 Average Earnings ................................................................................................... 2 1.04 Beneficiary ............................................................................................................ 2 ', 1.05 Board .......:.............................................................................................................. 1.06 Break in Service .................................................................................................... 2 1 .07 Code ...............................................................................:...................................... 3 ' 1.08 Contributions ......................................................................................................... 3 , 1.09 Credited Service .......................................................:............................................. 3 1.10 Earnings ................................................................................................................3 l.11 Effective Date ....................................................................................................... 4 1.12 Eligibility Service .................................................................................................. 4 1.13 Employee ............................................................................................................... 4 1.14 Employer or County ............................................................................................... 5 1.15 Fund ...................................................................................................................... 5 1.16 Interest ..................................................................................................................5 1.17 Joint Annuitant ....................................................................................................... 5 1.18 Old Plan ................................................................................................................. 5 1.19 Participant .............................................................................................................. 5 1.20 Participation Date ..........................................................:...................................... 5 1.21 Payee ..................................................................................................................... 5 1.22 Plan .......................................................................................................................5 1.23 Plan Year ................................................................................................................ 6 1.24 Trust Agreement or Trust ...................................................................................... 6 1.25 Trustee ................................................................................................................... 6 SECTION 2 ELIGIBILITY AND PARTICIPATION ......................................................... 6 2.01 Eligibility .................................................................:............................................. 6 2.02 Participation ...........................................................................................................6 2.03 Special Rules for Pre-1997 ................................................. .............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 ............................................................................................. 12 3:05 Enhanced Early Retirement for 1996 ................................................................... 13 3.06 Vesting and Termination of Employment ........................................................... 14 3.07 Cost-of-Living Adjustment of Benefits ............................................................... 14 3.08 Payrnent of Small Benefits .................................................................................. 15 3.09 Required Distribution Rules ...:....................... ....................................... 15 .............. 3.10 Code Section 415 Limit .......................................................................................17 3.11 Rollover Distributions .....................:.......................................:............................ 19 SECTION 4 DEATH BENEFITS ...................................................................................... 20 4.01 Death Prior to Retirement .................................................................................... 20 4.02 Death After Retirement ........................................................................................ 21 4.03 Adjusted Benefit .................................................................................................. 21 4.04 Designation of Beneficiaries ...........:.................................................................... 21 SECTION 5 OPTIONAL FORMS OF RETIREMENT INCOME ......................:............. 22 5.01 Election of Optional Retirement Benefits ............................................................ 22 5.02 Description of Options .............................. ........................................ ............... 22 5.03 Joint Annuitant or Beneficiary ............................................................................. 23 5.04 Cancellation of Election ............:...........................................:.............................. 23 SECTION 6 CONTRIBUTIONS ....................................................................................... 23 6.01 County Contributions ........................................................................................... 23 6.02 Participant Contributions ..................................................................:.................. 23 SECTION 7 ADMINISTRATION OF PLAN ................................................................... 24 7.01 Administration ..................................................................................................... 24 SECTION 8 TRUST FUND AND TRUSTEES ................................................................ 26 8.01 Trust Fund ............................................................................................................. 26 8.02 Amendment of Trust ............................................................................................ 26 8.03 Discontinuance of Trust and Vesting ................................:.................................. 26 8.04 Powers of Trustee ................................................................................................ 26 8.05 Investment of Fund .............................................................................................. 27 8.06 Taxation ............................................................................................................... 28 8.07 Resignation of Trustee ......................................................................................... 28 ii 8.08 Successor Trustees ............................................................................................... 28 8.09 Liability of Trustee .............................................................................................. 29 8.10 Disbursements ......................................................................................................29 SECTION 9 AMENDMENT AND TERMINATION ....................................................... 29 9.01 Amendment of the Plan ....................................................................................... 29 ; 9.02 Termination of the Plan ....................................................................................... 29 SECTION 10 MISCELLANEOUS ...................................................................................... 31 10.01 Headings .............................................................................................................. 31 10.02 Construction ....................................:....................................................................31 10.03 Nonalienation .......................................................................................................32 10.04 Legally Incompetent ............................................................................................ 32 10.05 Benefits Supported Only By Fund ....................................................................... 32 10.06 Discrimination .......................................................................:.... ................ 32 10.07 Limitation of Liability; Legal Actions ...............:................................................. 32 10.08 Claims ............................................................................................32 ...................... 10.09 Forfeitures ............................................................................................................33 iii RETIREMENT PLAN FOR EMPLOYEES OF RICHMOND COUNTY INTRODUCTION Effective Januaxy 1, 1977, the Baard of Commissioners of Richmond County (hereinafter referred to as the "Board") established the "Retirement Plan for Employees of Richmond County," hereinafter refened 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 February 20, 2002, the Augusta-Richmond County Commissian, as successor to the Richmond County Board of Commissioners, approved this restatement of the Plan effective January 1, 1997 primarily so as to conform the Plan with relevant provisions of the Uruguay Round Agreements Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1997, the Internal Revenue Service Restructuring and Reform Act of 1998, and the Community Renewal Tax Relief Act of 2000 (collectively the "GUST" Amendments), to reflect 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 EGTRRA amendments set forth in Sections 3.10 and 3.11 shall cease to be effective as of December 31, 2010 unless they are otherwise extended by law. The Plan also provided an option for present members of the Richmond County Pension Plan (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 aIl 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 as effective January 1, 1997 in a manner that preserves each Plan Participant's benefits or rights that accrued prior to February 20, 2002. Nevertheless, any Participant Whom the Commission does not classify as an Employee on or after January l, 1997 shall have his benefits and rights determined under the Provision of the Plan that were in effect when the Commission last classified him as an Employee. 1 SECTION 1 DEFTNITIONS 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.OZ Actuarial Equivalent - 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 PBGC schedule of immediate and graded deferred rates in effect on the first day of the Plan Year iz� which the benefit is calculated. 1.03 Avera�e Earnin�s - 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 Beneficiarv - 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. 1.06 Break in Service - means a continuous period of at least 12 cor�secutive 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 c.eases 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 anniversazy 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. 2 1,07 Code - The Internal Revenue Code of 1986 as amended from time to time, and regulations, rulings, and other publications under the Code. 1.0$ Contributions - The payments made by the Participants to the Fund in accordance with Section 6. 1.09 Credited Service - Shall mean, 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 ofthe 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. For Employees hired after December 31, 1992, Credited Service will not begin until the Participation Date and will continue until the eaxlier of his date of termination of employrnent for any reason or his actual retirernent date. The Employee will not be permitted to purchase Credited Service to cover his period of Eligibility Service. Credited Service will not be interrupted by: (a) vaeation, or approved leave of absence authorized by the Employer in accordance with a uniform policy applied on a nondiscrixninatory basia to all Employees similariy situated; (b) 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; (c) reelection or reappointment at the end of a term; or (d) 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(a)(7) or 3.03(b)(4). � For benefit purposes, no Paxticipant 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. 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 - The total compensation paid to the Participant by the Employer during any Plan Year, as reported on his Form VV-2, including any pre-tax Employee Contributions made under this Plan. Effective as of January 1, 1998, the term "Earnings" shall 3 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 l, 2001, Earnings shall also include elective amounts that are not includable in the Employee's gross income by reason of Code Section 132( fl(4). A Participant's Earnings shall not exceed $200,000 (or, for Plan Years after 1993, $150,000) 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. Notwithstanding the preceding sentence, if the Participant has completed one hour of Credited Service on or after January 1, 2002, the Participant's Earnings taken into account for purposes of the Plan shall only be disregarded to the extent that they exceed $Z00,000 as adjusted under Code Section 401(a)(17)(B). 1.11 Effective Date - For purposes of this Plan as restated, the "Effective Date" shall be January 1, 1997. The Plan was originally established effective January 1, 1977. 1.12 Eli 'g�bility 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; provided however, that this Section shall not apply to department heads appointed as such by Richmond County. 1.13 Emplovee - 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 eovered 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-�ichmond 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 (fl 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 4 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. 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 l, 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 Pavee - The Beneficiary or Joint Annuitant designated by the Participant in accordance with Section 1.04 or 1.16 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. 5 1.23 Plan Year - The twelve month period ending December 31 of each year. 1.24 Trust A�,reement 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 Eli�ibility Each Employee, as such term is defined in Section 1.12, 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, provided he had not attained age 60 as of his date of hire. Any member of the Old Plan may elect to become a Participant in this Plan in accordance with the following procedure: (a) each member of the Old Plan shall have the option to become a Participant in this Plan not later than April 1, 1977; (b) 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 O1d Plan must be waived by the member. {c) after the explanation referred to in (b) 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 l, 1993, will automatically become a Participant on his Participation Date, except as hereinafter provided. 6 �. (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. 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 1.08 and will be entitled only to Credited Service accrued from the date he becomes a Participant. Notwithstanding anything to the contrary, the Plan only co�ers 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. 7 _ _. _ 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, 197T. (2) Adiusted Benefit: The rnonthly retirement benefit payable under paragraph B-(1) above shall be adjusted by the cost-of-living adjustment as provided in Section 3.06 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 ar 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. Ear1y retirement shall be authorized only in the event that the Participant sha1l have both attained age 50 and corrzpleted at least 15 years of 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 Retirernent 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 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(1) above, 8 reduced by 5/12% for each complete month by which the Early Retirement Date of a Participant precedes his Norrnai 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(2j 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. Employrnent 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 payrnent of the disability benefit. (2) Total and Permanent Disabilitv: 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. (3) Non-Admissible Causes of Disabilitv: 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; 9 (e) injury or disease sustained by the Participant after his employment has terminated; ( fl injury or disease sustained by the Participant while working for anyone ather than the County and directly attributable to such employment; ar (g) intentional, self-inflicted injury. (4) Proof of Total and Permanent Disabilitv: 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 physieians 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). 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. (5) Disability Retirement Benefit (a) Basic Benefit: 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. (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 3.06 upon commencement of retirement income payrnents. (6) Pavrnent 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. 10 (7) 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 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 re-employment will not be considered as Credited Service for purposes of the Plan. B. Non-Em l�oyrnent 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 3.02-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) Disabilitv Date and Proof of Disability: The Disability Retirement Date of a Participant shall be the date defined in Section 3.03-A(1). 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, 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 retirernent income provided under paragraph (2) above, shall be adjusted by - 11 the cost-of-living adjustment as provided in Section 3.06 upon commencement of retirement income payments. (3) Payrnent of Disability Benefit: The monthly retirement benefit to which a Participant is entitled under Section 3.03-B(2) in the event o� 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 tfie last payrnent shall be the payrnent due next preceding the earlier of: (a) his date of death, subject to the provisions of Section 4.02 ar(b) the cessation of his Total and Permanent Disability prior to his Normal Retirement Date. (4) Termination of Disabilitv 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 3.02, 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 far early retirement, and 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 s�ch 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: � � 12 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. Pavment 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 payrnent 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 retirement benefits under this Section. Such election must be made on a form designated by Augusta-Richmond County between October l, 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 Earlv 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 Earlv Retirement: Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of 13 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 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 Emplovment 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 far 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(1). 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 camputed 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 four 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-af-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. 14 (2) "Participant Base Index" far any Participant who dies or retires under the provisions of the Plan an or after Janua�y 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 Labar 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 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" rneans 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 l, �977 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 I00% 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 15 (a) Payment to the Participant: 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 70-1/2. 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 or her spouse or other Beneficiary, using age(s) attained as of the end of the calendar year in which the Participant retires (or reaches age 70-1/2 if later), and the Accrued Benefit as of that date. However, if the heneficiary of a joint an survivor annuity form of payment is not the Participant's spouse and is more than 10 yeaxs 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 Board 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 Board 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 Be�in: If the Participant dies before his payments have begun, the Board 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 described below and circumstances permit the Board to use the exception described below. (1) Surviving Spouse as Primarv Beneficiary: If the Participant's surviving spouse is the Beneficiary, the Board will begin payments not later than the end of the calendar year during which the Participant would have reached age 70-1/2, 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 Board 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 determine.d 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 Board will continue to use the primary Beneficiary's life expectancy for purposes of making payrnents to an individual contingent Beneficiary. (d) Compliance with Code Section 401(a) (9): The intent of this Section is 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). If 16 there is any discrepancy between this Section and Code Section 401(a)(9), Code Section 401(a)(9) will prevail. With respect to distributions under the Plan on ar after January 1, 2001, the Plan will apply the minimum distribution requirements of Section 401(a)(9) of the Code in accordance with the regulations under Section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the Plan to the contrary. The previous sentence shall continue in effect until the last calendar year beginning before the effective date of the final regulations under Section 401(a)(9) or such other date as may be published by the Internal Revenue Service. 3.10 Code Section 415 Limit In no event will the annual benefits payable to any Participant exceed the limitations contained in Code Section 415 at the time the Participant ceases to accrue Credited Service. A. Limitation on Benefits after 2002. Subsections B, C, and E of this Section shall be effective as of January 1, 2002. B. Definitions (i) Defined Benefit Dollar Limitation. 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 calendax year far which the adjustment applies. (ii) M�imum Permissible Benefit: Far purposes of this Section 3.10, 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 paragraph (a) of this Section 3.10(b)(ii) and, if applicable, in paragraphs (b) or (c) of this Section 3.10(B)(ii). (a) If the Participant has fewer than 10 years of Credited Service, the defined benefit dollar limitation shall be multiplied by a fraction, (i) the num�rator of which is the number of years of Credited Service and (ii) the denominator of which is 10. In the case of a Participant who has fewer than 10 years of Credited Service, the defined benefit compensation 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. (b) If the retirement benefit of a Participant begins prior to age 62, the defined benefit dollar limitation applicable to the Participant at such earlier age is an annual benefit payable in the form of a 17 straight life annuity beginning at the earlier age that is the Actuarial Equivalent of the defined benefit dollar limitation applicable to the Participant at age 62 (adjusted under (a} above, if required). The-defined benefit dollar limitation applicable at an age prior to age 62 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 3.10(B)(ii)(b) 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. (c) If the benefit of a Participant begins after the Participant attains age 65, the defined benefit dollar limitation applicable to the Participant at the 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 age 65 (adjusted under Section 3.10(B)(ii)(a), if required). The actuarial equivalent af the defined benefit dollar limitation applicable at an age after age 65 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 dollax 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 age 65 and the age at which benefits comme�ce shall be ignored. C. Notwithstanding anything in this Section 3.10 to the contrary, benefit increases resulting from the increase in the limitations of Section 415(b) of the Code shall be limited to all Employees participating in the Plan who have one hour of Credited Service on or after the first day of the first limitation year ending after December 31, 200L D. For distributions commencing prior to January 1, 2002 and for Participants who do not have one hour of Credited Service before this date, the County shall, to the extent required by the Economic Growth and Tax Relief Reconciliation Act and in accordance with the Code, apply the limitations contained in Code Section 415, 18 as in effect at the time tlie distribution commenced; subject to the disregard of Code Section 415(e) for distributions occurring after January 1; 2000. E. In accordance with Code Section 415(b)(10), notwithstanding anything in this ' Section 3.I0 to the contrary, for purposes of Employees who became Participants before January 1, 1990, the benefit limitations contained in this Section 3.10 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). 3.11 Rollover Distributions Except where otherwise provided, Section 3.11 shall apply to benefits payable, but only to the extent required by the plan qualification rules of Section 401(a) of the Code. A. Notwithstanding any contrary provision of the Plan, a Distributee may elect, at the time and in the manner prescribed by the County, 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 3.11 shall have the meanings specified below: "Direct Rollover" means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. "Distributee" means an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee'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 Employee's spouse or fonner spouse. "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 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 `Bligible 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 19 spouse or former spouse who is the alternate payee under a qualified domestic xelations order, as defined in Section 41 �(p) of the Code. "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 payrnents (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 distributiori 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 l, 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-Dutv 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. Dutv 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 inisconduct 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 Average Earnings at date of death, such benefit to commence on the first day of the month fo�lowing 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 20 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 tl2is 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(1) or Section 3.05-B but such benefit had not commenced, his Beneficiary shall receive a lurnp-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 Desi�nation 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. 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, 21 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 sol� 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 1NCOME 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 Descri�tion 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. 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. 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 22 adjustment as provided in Section 3:07; provided, however, that if payments are to be made to an estate the commuted value of such payment shall be made in lieu of continuation of monthly payments. Such commuted value shall be equal ta the amount of the luinp-sum value of tY�e remaining monthly payments �n the amount of the last monthly ' payment, discounted on such actuarial tables as may be adopfed by the Board, ignoring any future cost-of-living adjustments. 23 5.43 Joint Annuitant or Beneficiarv A Participant who elects Option A of Section 5.02 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 Beneficia�y of the Participant. A Participant who elects Option B of Section 5.02 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 electian 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 sha11 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 Paxtzcipants 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 ear�ier of: (1) the date he terminates employment for any reason, or (2) his actual retirement date. AII Participant Contributions on or after January l, 1993 will be made on a before-tax basis under Code Section 414(h). Participants will make their Contributions by payroli deduction. - B. A Participant who was most recently hired before January 1, 1993 may withdraw his Participant Contributions after filing a written appl'zcation 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. 24 (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 Employee who elects to reenter the Plan after December 3l, 1992 will continue to participate until he terminates employment, dies, or retires. (3) A Participant who withdraws his contributions from the Plan will forfeit aII 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 Pian 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 sliall 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 shali be final and binding upon all parties to this instrument, Participants, and Participants' Beneficiaries and Joint Annuitants. The Plan shall be interpreted by the Board and aIl 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 admiz�istration of the Plan, and sha11 have the discretion to interpret ar 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 sha11 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 sha11 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 a11 Plan fiduciaries in a fashion consistent with its intent, as determined by the Board in its sole discretion. 25 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. B. 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 other documents as may be necessary far the administration of the Plan shall be preserved in the custody of such clerk. C. 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 thern 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. 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. To enable the Board to perform its functions, the County shall supply fizll and timely information of a11 matters relating to the compensation and length of service of all Participants, their retirement, death or other cause of termination of employnnent, and such other pertinent facts as the Board may require. 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. 26 SECTION 8 ' TRUST FUND AND TRUSTEES 8.01 Trust Fund 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. The Trustee shall maintain a separate permanent record of the Fund. All decisions of the Board and the Trustee in regard to the Fund ar 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. 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 amendrnent shall have the effect of revesting in the County any part of the principal or income of the Fund. 8.03 Discontinuance ofTrust and Vestin� The County expressly reserves the right to terminate this Plan and Trust Agreemenf at any time. Upon termination of the P1an 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 power and authority in the administration of the Fund to be exercised in accordance with and subject to the provisions of Section 8.05 hereof: 27 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 Exchan�e 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 appose 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; 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 far 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 A�ents and Counsel: To employ suitable agents and counsel and pay their reasonable expenses and compensation; and H. P-ower to do Any Necessarv Act: To do all such acts, take all such proceedings and exercise all such rights and privileges, although not specifically rnentioned 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 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 directian of the pension fund investment committee, which committee shall consist of the members of the 28 Augusta-Richmond County Commission, shall invest and reinvest, from time to time, and . portion thereof : not immediately needed for the payrnent 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 investrrient of Trust funds may not exceed fifty percent (50%) of the total amount of the Fund then outstanding; and in addition thereto, the investment -comniittee may r�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 Arnerica, ar 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 invesfied 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 tke 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 thaf 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. 29 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, cheeks 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 sha11 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 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 Terrnination of the Plan 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 Flan 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. 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: 30 A. The Board shall determine the date of distribution and asset value of the Fund to be distributed, taking into account the expenses of distribution. B. 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 amo�nt, the purchase of an annuity from an - insurance company, or otherwise. C. 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 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: (1) An amaunt 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. (2) If tfiere be any asset value remaining after the apportionment under (1) 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. (3) If there be any asset value remaining after the apportionments under (1) and (2) 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 (1) 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. (4) If there be any asset value remaining after the apportionments under (1), (2), and (3) above, apportionment shall next be made with respect to each 31 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 (2) 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 apportiorunent in (1) 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. (5) If there be any asset value remaining after apportionments under (1), (2), (3), and (4) above, apportionment shall lastly be made with respect to each active Participant on such date who is not entitled to an apportionment under (2), (3), or (4) 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 (1) 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. (6) In the event that any asset value remains after the full apportionments specified in paragraphs (1), (2), (3), (4), and (5) above, such excess shall revert to the County. D. The Board shall cause to be distributed, in accordance with the manner of : distribution determined under paragraph 'B of this Section, the amounts apportioned under paragraph C of this Section. SECTION 10 MISCELLANEOUS 10.01 Headin�s 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. 32 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 t� assessments, and (c) as otherwise required by law. 10.04 Legallv 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 payrnent. 10.05 Benefits Su�ported Only Bv 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 whornsoever, under the provisions of the Plan. 10.46 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. 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 33 condition precedent to such payment, to execute a receipt and release therefore in such form as shall be detennined 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 reduee the County's contributions under the Plan in the then current or subsequent years. 34 i'� ti � '�7 t �' �• Ea ��� �n � 1ia1 �,';�� 1.1'v.t',� il !�T!-+�:}��'.1� LII;', �Ut„?1ia/ �iu.:� Cti�!:it�� [�145 �1'il.�t]Cti.C� ��ii^�:I [�1 ��W C�L�j' P.`if'��:'lll.� Ei� Ci ,._ _ . ___ C1='L}I ���` � _ ���� i3Lt� �;il�..;�1.+:' c".S �J1 Icii i?�.i'j� � � j 9��. . . . � � . f't1,�.3�i��i k��i°7�.f.� .�,"�.��:J1.'`�� x�ST � . . c.�pl-%�����;;s��3��, �.� �i_r�:�.:���:�:i� �r� ra� �� I i'L�;'i : �'.I���I �p�1�T� C:E.�`tTI`�"C�x' I�OF�.s � C��' � ll ,_ � � � � ' t �'"i ' 77 � �' �' t 4! � /��3j c �T�'i // � � � �.�' v�� �r3,t��1�� at�i� t1�s �l�,.i.� � xs��i � . l r �� � u.. �,� r+ � � J ,+ 4 fi / /.�i . — - . . _ . — � 1 j / �'� . �'i< / % / /i : � '� � rw � � f � ��� - � : ��f i��� t ,p^°'``'? . �. 1�—� -` /�: /�'/�.'�'" � i� %�� ) �y' �' '� / "�t ' � (�tiLs,�} // ` .����! ° 4 � � . _ . r � ! 1 4 . %'� ,�� J � . � �i.,l.�l�?L . ` T7 I'� . . � ���1:��_J�:� �u-�tip €���r����r�r�,� cryc�T��wT s � �:��'1�1'J�:���;E�l`tiT,�s� �Ui;�;��1�3"�)s�i�G� ����s�, �-� ��;��T��l'�T� �'�'JI'JT' � ��.� �.��1:� (�� C€���>�i�� I:�I�I�R�, I� � TI,iJ�T�� 4�f jl / . . . . . . ���� � � �� , . � � � . � h Ja �' .�� ��`�!�,.�`�� ��„t��, s�'�� — It�Iay�r '� �� . T��iC �rd�r,a��.c�: s�iall �e effecti�%c:. as �f.Tai��..��?�y 1, 1��7. �.�s ore�in:�tnc�� ai�c� �Sa�ts of�?rc�in?n�;es z;: ���aral�;vt witis ihP provi3i�ils c�f ��iis ��•t�ina�lre arc }aer�.bv r;��al�d. 1-'�f'}�������I� ��1� �l�?�z�"Tl:I) �iy f:��v l�rt:gi�si�-��ic��n�z���;l Caux�t� �OX'L3fT7.I5S1fl12 ori tl�e ; 'et_.: Cii3�%C�i��'G�}I1�`d3"V�����.. 7°-�� � r � � , � �� �� �,,�' � ��� F � r � � �r� I' �3 � ,r ;�. � ��'�'�� g �' ,�'���,�„,., ��, rh� .h' ,� �s''��. h k�r yi 1���j�{3 � i ' � _;�� � finT :� �:�T: ��' % �; ' f ��j��,� ���, �,-� , . � -� i, ; , ,/� ,r �'; �� ,�� // � - �' , --� ,.�� i j //� ��—. �_' ; �—;, '- � � , � ,. i C,li;f:a � � � � � ?5 ' � � ��v i:�c; zoc<;�; i �s �,.: a�� s o» i voz oo�,{o.ouco: ORDINANCE N0. J �� � ! AN ORDINANCE TO AMEND THE RETIREMENT PLAN FOR EMPLOYEES OF RICHMOND COUNTY, GEORGIA EFFECTIVE JANTJARY 1, 1977, SO AS TO REVISE THE PROVISIONS REGARDING INVESTMENT OF THE FUND; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY, COMMISSION AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. The Retirement Plan for Employees of Richmond County, Georgia effective January l; 1977 is hereby amended by deleting the first paragraph of Section 8.05 of the Plan, to wit: 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, ,:f including securities of agencies of said ` r �J I _ ,��;_,� , 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, which are not in default as to principal or 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 common 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) 100 of the issued and outstanding shares of any one corporation or (b) an aggregate of more than 250 of the issued and outstanding shares of corporate stock of any number of corporations. and substituting therefor the following: The comptroller shall be the custodian of such fund and shall deposit the same 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 Co�mission, shalI 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 (500) 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 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 the provisions of Section 33-11- 20 of the Official Code of Georgia Annotated (Ga. Code Ann. � 56 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 (100) of the total amount of such fund then outstanding. Section 2. All laws or ordinances or parts of laws or ordinances-in conflict with this ordinance are hereby repealed. Section 3. This Ordinance shall be effective upon adoption. ADOPTED the 30th day of December , 1997 and the 6th day ot January , 1998. AUGUSTA-RICHMOND COUNTY COMMISSION BY: s it ay ' ATTEST: As i Clerk n " ado �i� e�J�p�;, 7�� I, the undersigned, LENA BONNER, CLERK, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Augusta-Richmond County Commission at two consecutive meetings, held, on the following dates, to-wit: December 3� , 1997, and Januar,y 6 , 1998, as the same appear on the minutes of said Commission. This 6th day of January , 1998. rk