HomeMy WebLinkAboutADDENDUM TO ADOPTION AGREEMENT FOR AUGUSTA GMEBS PLAN 1GENERAL ADDENDUM TO THE
GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM
DEFINED BENEFIT RETIREMENT PLAN
ADOPTION AGREEMENT
This is an Addendum to the Adoption Agreement completed by
Augusta, Georgia ( "Augusta") for Augusta GMEBS Plan I, as follows
(complete one or more sections, as applicable):
(1) Addition of a new Department or a new class of Eligible Employees (for
amendment of Adoption Agreement Addition of a new Department or a
new class of Eligible Employees (for amendment of Adoption
Agreement only - see Section 9 of Adoption Agreement) (check and
complete as applicable):
p Employees of (specify entity), a related
governmental agency, shall be covered under this Plan, pursuant
to a subscription agreement, which is attached hereto.
® Certain Former ARCPC Employees - Certain former employees of the
Augusta- Richmond County Planning Commission ( "ARCPC") shall
participate in Augusta GMEBS Plan I (this Plan) on and after November 1,
2011, in accordance with and subject to this subsection and subsections 3(a).,
14(a) and 14(00) of this Addendum. This class includes: 1) Eligible Regular
Employees who were employed with the ARCPC on October 31, 2011, who
did not participate in the ARCPC's GMEBS Defined Benefit Retirement
Plan ( "ARCPC's GMEBS DB Plan ") as of such date, and who became
Eligible Regular Employees of Augusta on November 1, 2011; and 2)
Employees who were employed with the ARCPC on October 31, 2011, who
participated in the ARCPC's GMEBS Defined Benefit Retirement Plan as of
such date, who became employees of Augusta, Georgia on November 1, 2011,
who subsequently terminate employment with Augusta, Georgia and who are
later re -hired by Augusta, Georgia as Eligible Regular Employees, but only
with respect to Service with Augusta on and after said re -hire date. See also
subsections 14(a) and 14(oo) of this Addendum.
* ** Item (2) of pre- approved Addendum — Not Applicable * **
Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
(3)
Special Waiting Period Requirements for Regular Employees - (see
Section 11 of Adoption Agreement regarding Waiting Period) (check as
applicable):
® (a)
No Waiting Period; Immediate Participation. Except as otherwise
provided below or where suspension of benefits is required as
provided in Section 6.06 of the Master Plan, there will be no waiting
period for participation under the Plan. This provision shall apply to
(check one):
❑ All Regular Employees.
® The following class(es) (must specify): Eligible Regular Employees
who were employed with the ARCPC on October 31, 2011, who did
not participate in the ARCPC's GMEBS DB Plan as of such date, and
who became Eligible Regular Employees of Augusta on November 1,
2011.
• (b) Alternative 30 -Day Waiting Period - Notwithstanding any provision
in the Adoption Agreement to the contrary and except as provided in
subsection 3(a) above, effective January, 1, 2008 with respect to
Eligible Employees initially employed or reemployed on or after said
date, there will be a thirty (30) day waiting period for participation
under this Plan. Eligible Employees shall commence participation in
the Plan as of the first day of the month coinciding with or following
the date they satisfy the 30-day waiting period, except as otherwise
provided in the Adoption Agreement and this Addendum with respect
to Eligible Employees for whom participation is optional and who
elect in accordance with the terms of the Adoption Agreement not to
participate in this Plan. Employee contributions to the Plan shall
commence as of the first full payroll period that begins on or after the
date that the Employee's participation in the Plan begins.
[Repeat above subsection as necessary for each applicable waiting period and Participant
class covered under the Plan.]
* ** Items (4) and (5) of pre - approved Addendum — Not Applicable * **
(6) Modified Definition of Earnings. For purposes of determining Final
Average Earnings, Earnings as defined in Section 2.24 of the Master
Plan shall be modified as follows (check all that apply):
❑ (a) excluding overtime pay.
❑ (b) excluding bonuses.
❑ (c) excluding perquisites or allowances for use of a car or house
rent.
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Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(d) excluding severance payments.
(e) excluding reimbursed expenses and lump sum vacation pay
(specify type of excluded earnings).
This definition of Earnings applies to (check one):
® All Participants. (But see General Addendum subsection 14(nn) regarding
inclusion of severance payments for certain SES Participants who terminate
employment on or after April 1, 2011 and execute a separation agreement
with Augusta, Georgia).
❑ Only the following Participants (must specify):
[Repeat above subsection as necessary for each applicable definition and Participant
class covered under the Plan.]
* ** Items (7) through (13) of pre- approved Addendum — Not Applicable * **
(14) Other:
(a) Participant Classes. The following description of classes of Eligible
Employees shall control in administering the Plan. The Class to which a
person belongs will be determined based upon the records of the Employer as
reported to GMEBS. Employees shall qualify for participation by meeting
the applicable eligibility requirements specified in Sections 9 -12 of the
Adoption Agreement and this Addendum:
Class 1 (Class 1 Public Safety Personnel under former GMEBS Plan who
Elect New Plan): This class includes 1) Public Safety Personnel who were
employed on the original effective date of the GMEBS Plan (March 1, 1987)
and who were not participants in any other Employer- sponsored retirement
plan and 2) Public Safety Personnel who were hired after March 1, 1987 and
before December 17, 1996, who elected in accordance with the election
procedures specified in Sections 7.11 -7.15 of the Addendum to the Adoption
Agreement that became effective January 1, 2008 (Ordinance No. 7017)
(affirmatively or by default) to be bound by the terms of the restated
GMEBS Plan that apply to Class 1 Employees effective January 1, 2008.
For purposes of this Adoption Agreement and Addendum, the term "Public
Safety Personnel" shall mean a police officer who is a Full-Time Employee
and is certified under the Georgia Peace Officer Standards and Training Act,
or a fire - fighter who is a Full-Time Employee and is certified under the
Georgia Fire Fighter Standards and Training Act. The term "Full-Time
Employee" shall mean an Employee who meets the minimum "hours per
week" and "months per year" requirements specified under Section 10 of the
Adoption Agreement ( "Eligibility Conditions ").
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Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
Class 2 (Class 1 Public Safety Personnel under former GMEBS Plan Who Do
Not Elect New Plan): This class includes 1) Public Safety Personnel who
were employed on the original effective date of the GMEBS Plan (March 1,
1987) and who were not participants in any other Employer- sponsored
retirement plan and 2) Public Safety Personnel who were hired after March
1, 1987 and before December 17, 1996, who elected, in accordance with and
subject to the established administrative procedures for such election, not to
be bound by the terms of the restated GMEBS Plan that apply to Class 1
Employees effective January 1, 2008.
Class 3 (Class 2 Non -Public Safety Personnel under former GMEBS Plan
Who Elect New Plan): This class includes Employees, other than Public
Safety Personnel, who were employed on the effective date of the GMEBS
Plan (March 1, 1987) who were not participants in any other Employer -
sponsored retirement plan, and Employees, other than Public Safety
Personnel, who were hired after March 1, 1987 and before December 17,
1996, who elected (affirmatively or by default) in accordance with the
election procedures specified in Sections 7.11 -7.15 of the Addendum to the
Adoption Agreement that became effective January 1, 2008 (Ordinance No.
7017), to be bound by the terms of the restated GMEBS Plan that apply to
Class 3 Employees effective January 1, 2008.
Class 4 (Class 2 Non - Public Safety Personnel under former GMEBS Plan
Who Do Not Elect New Plan): This class includes Employees, other than
Public Safety Personnel, who were employed on the effective date of the
GMEBS Plan (March 1, 1987) who were not participants in any other
Employer- sponsored retirement plan, and Employees, other than Public
Safety Personnel, who were hired after March 1, 1987 and before December
17, 1996, who elected in accordance with the election procedures specified in
Sections 7.11 -7.15 of the Addendum to the Adoption Agreement that became
effective January 1, 2008 (Ordinance No. 7017), not to be bound by the terms
of the restated GMEBS Plan that apply to Class 3 Employees effective
January 1, 2008.
Class 5 (Participants under former 1977 DB Retirement Plan Who Elect New
Plan): This class includes Employees who were participants under the 1977
DB Retirement Plan immediately prior to January 1, 2008 and who elected
(affirmatively or by default), in accordance with the election procedures
specified in Sections 7.11 -7.15 of the Addendum to the Adoption Agreement
that became effective January 1, 2008 (Ordinance No. 7017), to be bound by
the terms of the restated GMEBS Plan that apply to Class 5 Employees
effective January 1, 2008.
Class 6 (Participants under former 1977 DB Retirement Plan Who Do Not
Elect New Plan): This class includes Employees who were participants under
the 1977 DB Retirement Plan immediately prior to January 1, 2008 and who
elected, in accordance with the election procedures specified in Sections 7.11-
7.15 of the Addendum to the Adoption Agreement that became effective
January 1, 2008 (Ordinance No. 7017), not to be bound by the terms of the
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Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
(b)
restated GMEBS Plan that apply to Class 5 Employees effective January 1,
2008.
Class 7 (Participants under former 1998 DC Plan Who Elect New Plan):
This class includes Employees who were participants under the City of
Augusta - Richmond County 1998 Defined Contribution Retirement Plan
immediately prior to January 1, 2008 (including elected or appointed
members of the Governing Authority who participated under the 1998 DC
Plan) who elected (affirmatively or by default), in accordance with the
election procedures specified in Sections 7.11 -7.15 of the Addendum to the
Adoption Agreement that became effective January 1, 2008 (Ordinance No.
7017), to transfer their defined contribution plan account balance to GMEBS
and to participate under the terms of the restated GMEBS Plan that apply to
Class 7 Employees effective January 1, 2008.
Class 8 (Employees Who Do Not Participate in Any Plan): This class
includes Employees who were actively employed as of October 1, 2007 and
who as of said date were not participating in any defined benefit retirement
plan or defined contribution plan or other retirement plan which was funded
in whole or part by Augusta (as reflected in the records of Augusta and as
reported to GMEBS).
Class 9 (Employees Hired or Re -hired after October 1, 2007): This class
includes Eligible Regular Employees who are hired or re -hired by Augusta
after October 1, 2007, and elected or appointed members of the Governing
Authority who take office or return to office after October 1, 2007 (subject to
any applicable election requirements or other Iimitations on participation by
members of the Governing Authority or other special classes referred to in
subsection 14(b) below). This class also includes Eligible Regular Employees
who were employed with the Augusta Richmond County Planning
Commission (ARCPC) on October 31, 2011, who did not participate in the
ARCPC's GMEBS Defined Benefit Plan as of October 31, 2011, and who
became employees of Augusta on November 1, 2011. This class shall not
include employees who were employed with the ARCPC on October 31, 2011,
who participated in the ARCPC's GMEBS Defined Benefit Retirement Plan
as of such date, and who became employees of Augusta on November 1, 2011,
unless such employees subsequently terminate employment with Augusta
and are later re -hired by Augusta.
Participation Optional For Certain Classes; 30 -Day Election Period. This
subsection 14(b) shall apply notwithstanding any provision in Section 12 of
the Adoption Agreement to the contrary. Participation in this Plan is
optional for certain classes of Eligible Regular Employees and elected or
appointed members of the Governing Authority, as provided below. If
participation is optional, then the individual must make an election to
participate in either this Plan or the Georgia Municipal Association (GMA)
Defined Contribution Plan, on a form provided by the Employer for such
purpose and in accordance with procedures specified by the Employer,
within 30 days after employment or taking office (see also General
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Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
Addendum subsection 14(gg) concerning applicable election requirements).
The election is irrevocable, and the failure to make the election within the 30-
day time limit shall be deemed an irrevocable election to participate in this
Plan rather than the GMA Defined Contribution Plan. Subject to the above
election requirements, participation is optional for the following classes:
® Elected or Appointed Members of Governing Authority — Any
Employee who initially takes office (no prior service with Augusta) as
an elected or appointed member of the Governing Authority (member
of the Augusta, Georgia Commission Council) after October 1, 2007
or who returns to said office after October 1, 2007. However, those
employed or in office as of October 1, 2007 will be bound by their plan
election made in accordance with and subject to the administrative
procedures for such election specified under Sections 7.11 -7.15 of the
Addendum to the Adoption Agreement that became effective January
1, 2008 (Ordinance No. 7017). (See subsection 14(gg) concerning the
effect of later return to service.)
® Law Department Staff Attorneys — Any Employee who is initially
employed (no prior service with Augusta) as an Augusta Law
Department General Counsel or Law Department staff attorney or
who is reemployed in said position after October 1, 2007. However,
those employed as of October 1, 2007 will be bound by their plan
election made in accordance with and subject to the administrative
procedures for such election specified under Sections 7.11 -7.15 of the
Addendum to the Adoption Agreement that became effective January
1, 2008 (Ordinance No. 7017). (See subsection 14(gg) concerning the
effect of later return to service.)
Administrator, Assistant Administrators — Any Employee who is
initially employed (no prior service with Augusta) as an Augusta
Administrator or Assistant Administrator, or who is reemployed in
said position after October 1, 2007. However, those employed as of
October 1, 2007 will be bound by their plan election made in
accordance with and subject to the administrative procedures for
such election specified under Sections 7.11 -7.15 of the Addendum to
the Adoption Agreement that became effective January 1, 2008
(Ordinance No. 7017). (See subsection 14(gg) concerning the effect of
later return to service.)
® Department Directors, Assistant Dept. Directors — Any Employee who
is initially employed (no prior service with Augusta) as a Department
Director or Assistant Department Director, or who is reemployed in
said position after October 1, 2007. However, those employed as of
October 1, 2007 will be bound by their plan election made in
accordance with and subject to the administrative procedures for
such election specified under Sections 7.11 -7.15 of the Addendum to
the Adoption Agreement that became effective January 1, 2008
(Ordinance No. 7017). (See subsection 14(gg) concerning the effect of
later return to service.)
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Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
El Other (must specify): — Notwithstanding the above provisions
allowing for optional participation, participation in this Plan will be
mandatory for any person who is a member of Class 8 (see subsection
14(a) above for a description of Class 8).
Note: See also subsection 14(gg) concerning treatment of classes for whom
participation is optional and mandatory participation in GMEBS DB
Plan in the event of later termination and return to Service.
(c) Formula for EIected or Appointed Members of the Governing Authority.
The monthly normal retirement benefit for elected or appointed members of
the Governing Authority shall be 1/12 of 1.65% of the Participant's Final
Average Earnings multiplied by years of Total Credited Service as an elected
or appointed member of the Governing Authority. This formula applies to
all Participants who are elected or appointed members of the Governing
Authority and who hold office after January 1, 2010.
(d) New GMEBS Plan Election by 1998 Defined Contribution Plan Participants;
Generally. Augusta, Georgia (hereinafter "Augusta ") previously maintained
a defined contribution plan known as the 1998 Augusta Money Purchase
Plan (Nationwide Retirement Solutions Governmental Defined Contribution
Plan, hereinafter referred to as the "1998 Defined Contribution Plan" or
"DC Plan "). Employees who were actively employed (as reflected in the
records of the Employer) as of October 1, 2007, including elected or
appointed members of the Governing Authority, who were Participants in
the 1998 Defined Contribution Plan and including any Employees who would
have been eligible to participate under the DC Plan as of October 1, 2007 but
who had not yet satisfied the 30 -day waiting period under the DC Plan as of
October 1, 2007, were required to make a one -time, irrevocable election on a
form provided by Augusta for such purpose and in accordance with the
administrative procedures specified in Sections 7.11 -7.15 of the Addendum to
the Adoption Agreement that became effective January 1, 2008 (Ordinance
No. 7017) to either: 1) continue participating in the DC Plan, subject to the
terms and conditions of the DC Plan, as amended and restated effective
January 1, 2008; or 2) waive their benefits under the DC Plan, transfer their
DC Plan account balance to this Plan (new GMEBS DB Plan), and begin
participating under this Plan subject to the terms and conditions of this Plan
and in particular those terms and conditions applicable to Class 7
Employees. Terminated Employees and former Participants under the DC
Plan (as of October 1, 2007) were not permitted to make an election and
continued to be subject to the terms of the DC Plan, as amended and restated
effective January 1, 2008, with respect to their period of participation under
the DC Plan, except as otherwise provided in subsection 14(q) below
(concerning reemployment).
(e) Effect of New GMEBS DB Plan Election by 1998 DC Plan Participants (Class
D. If pursuant to the administrative procedures specified in Sections 7.11-
7.15 of the Addendum to the Adoption Agreement that became effective
January 1, 2008 (Ordinance No. 7017) an Employee participant under the
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Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
DC Plan as of October 1, 2007 elected (affirmatively or by default) to waive
his participation under the DC Plan in favor of participation under this Plan
(new GMEBS DB Plan): 1) he was required as part of said election to
authorize and direct (or he was deemed to have authorized and directed in
the case of a default election) the transfer of the value of all accounts
maintained on behalf of the Employee under the DC Plan as of December 31,
2007 (including all employer contributions, employee contributions, and
earnings thereon up until the transfer date, but excluding any rollover
contributions and earnings thereon) from the DC Plan to this Plan, for the
purpose of funding benefits payable under this Plan (no partial account
transfers were permitted); 2) he became subject to the terms of the GMEBS
Master Plan, the Adoption Agreement and this Addendum generally, and the
plan benefits and features that apply to Class 7 Employees in particular (as
reflected in the GMEBS Adoption Agreement and this Addendum); 3) the
period of service with Augusta prior to January 1, 2008 during which the
Employee made required employee contributions to the DC Plan, as reflected
in the records of the Employer and as reported to GMEBS, excluding any
periods for which the Employee did not make employee contributions to the
DC Plan and provided the Employee has not previously withdrawn or
received a distribution of his DC Plan account funds (in the event of a partial
withdrawal, the employee's credit for prior service will be prorated), were
taken into account under this Plan for purposes of determining the amount
of any retirement or death benefit payable to or on behalf of the Employee
under this Plan and for purposes of meeting this Plan's minimum service
requirements for vesting, and eligibility for retirement or death benefits,
except as otherwise provided in subsection 14(ee) below (concerning
employee withdrawal of contributions); 4) he was considered vested in his
transferred employer contributions as of December 31, 2007 to the extent he
was vested in said contributions under the terms of the DC Plan as of
December 31, 2007 and he will be considered 100% vested in said employer
contributions when he has at least 5 years of combined Credited Service
under the former DC Plan and the new GMEBS DB plan; 5) he was 100%
vested in his transferred employee contributions as of December 31, 2007,
and the Employee has a guaranteed minimum benefit, payable in accordance
with the benefit payment options available under this Plan, equal to the value
of his transferred employee contributions under the DC Plan as of December
31, 2007, plus 5% interest per year after December 31, 2007, computed in
accordance with subsection 14(dd) below (this provision shall not be
interpreted to permit lump sum distributions, except as otherwise permitted
in the Master Plan); 6) if the Employee terminates employment with Augusta
before becoming 100% vested under this Plan, the amount of his employee
contributions, including employee contributions transferred from the 1998
DC Plan, together with interest computed in accordance with subsection
14(dd) below, will be paid to the Employee (or to the Employee's estate in the
case of termination due to death) in a lump sum in lieu of any other benefit
under this Plan; 7) if the Employee terminates employment, retires, or dies
after becoming 100% vested under this Plan, the total amount of benefits
paid to the Employee (and/or his Beneficiary, as applicable) cannot be less
than the value of the Employee's transferred employee contributions as of
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Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
December 31, 2007 plus any employer contributions transferred from the
1998 DC Plan, plus interest on such amounts, computed in accordance with
subsection 14(dd) below, reduced by any benefits previously paid to the
Employee (or his Beneficiary) under the Plan; 8) the Employee's Credited
Service with other GMEBS member employers (apart from Augusta) was
counted in determining whether the Employee has satisfied the minimum
service requirements for vesting under this Plan; and 9) if the Employee had
credited service under the 1977 DB Plan or the Old GMEBS Plan prior to
January 1, 2008 (excluding any periods for which the Employee did not make
employee contributions and provided the Employee has not previously
withdrawn or received a distribution of his employee contributions) such
credited service will also be counted under this Plan for purposes of
determining the amount of any retirement or death benefit payable to or on
behalf of the Employee under this Plan and for purposes of meeting this
Plan's minimum service requirements for vesting and eligibility for
retirement or death benefits.
(f) Treatment of Transferred DC Plan Account Funds. 1998 Defined
Contribution Plan account balances transferred to this Plan pursuant to
subsection 14(e) above will be used to help fund benefits payable to the
Employee (and/or his Beneficiary under this Plan, as applicable) under this
Plan. Amounts transferred to this Plan shall not otherwise be distributable
to the Employee or any other person or entity, except as otherwise provided
in subsection 14(e) above or subsection 14(ee) below (concerning employee
withdrawal of contributions). Upon the transfer of DC account funds to this
Plan, Employees who elected the new GMEBS Plan shall have no further
right, title, or interest under the DC Plan in its then current form or as
amended, except with respect to any rollover contributions and earnings
thereon remaining in the DC Plan.
(g)
Effect of Election to Remain in DC Plan. If an Employee participant under
the DC Plan as of October 1, 2007 elected not to transfer to this Plan, then he
will not be permitted to participate in this Plan or receive any benefit from
this Plan, except as otherwise provided in this subsection 14(g) or under
subsection 14(r) below (concerning reemployment). If a DC Plan participant
elected not to transfer to this Plan and he had previously participated under
the 1977 Plan or the old GMEBS Plan, then his eligibility for early or normal
retirement benefits and the amount of any retirement benefit payable with
respect to his prior period of participation under such plan (including cost -
of -living adjustments), if any, shall be determined based upon the benefit
formula and the other terms of 1977 Plan or the old GMEBS plan (as
applicable) in effect as of the date that he ceased participating in said plan as
an active employee, and his final average earnings as of said date. In no
event will a DC Plan participant who elected not to transfer to this Plan be
eligible for disability benefits or pre - retirement death benefits under this
Plan based on his prior old GMEBS Plan or 1977 Plan service, except as
otherwise provided below with respect to reemployment.
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Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(h)
(i)
New GMEBS Plan Election by 1977 Defined Benefit Plan Participants;
Generally. Augusta previously maintained a defined benefit plan known as
the January 1, 1977 Retirement Plan (hereinafter referred to as the "1977
DB Plan" or "1977 Plan "). Employees who were actively employed and who
were participants in the 1977 Plan as of October 1, 2007 (as reflected in the
records of the Employer) were required to make a one -time, irrevocable
election on a form provided by Augusta for such purpose and in accordance
with the administrative procedures specified in Sections 7.11 -7.15 of the
Addendum to the Adoption Agreement that became effective January 1, 2008
(Ordinance No. 7017) to either: 1) be subject to the plan benefits and
features that apply to 1977 Plan Employees who elected the new GMEBS DB
Plan (as reflected in the GMEBS Adoption Agreement and General
Addendum provisions applicable to Class 5 Employees); or 2) continue to be
subject to certain plan benefits and features that previously applied under
the 1977 Plan (as reflected in the GMEBS Adoption Agreement and General
Addendum provisions applicable to Class 6 Employees). Terminated
Employees and former Participants under the 1977 Plan (as of October 1,
2007) were not permitted to make an election and the amount of benefits
payable to them upon normal retirement, if any, will be determined based
upon their vested accrued normal retirement benefit as determined under
the terms of the 1977 Plan in effect as of the date that they terminated
participation under the 1977 Plan as an active employee, and their final
average earnings determined under the terms of the 1977 Plan as of said
termination date (except as otherwise provided in subsection 14(s) below
(concerning reemployment)). Except as otherwise provided in subsection
14(s) below (concerning reemployment), said former participants under the
1977 Plan shall otherwise be subject to the terms and conditions of the
GMEBS Adoption Agreement and Addendum that apply to Class 6
Employees with respect to eligibility requirements for early or normal
retirement, cost -of- living adjustments, early retirement reduction factors,
terminated vested death benefits (none available), benefit payment options
(except that Retirees and beneficiaries in pay status as of December 31, 2007
will be bound by the retirement benefit payment option previously selected
by the Retiree), interest on employee contributions, the grandfathered 415
limit (see subsection 14(aa)(v)), and termination of disability retirement
benefits.
Effect of New GMEBS Plan Election by 1977 DB Plan Participants (Class 5).
If pursuant to the administrative procedures specified in Sections 7.11 -7.15 of
the Addendum to the Adoption Agreement that became effective January 1,
2008 (Ordinance No. 7017) an Employee participant under the 1977 Defined
Benefit Plan as of October 1, 2007 elected (affirmatively or by default) to
waive certain benefits payable under the terms of the 1977 DB Plan in favor
of participation under this Plan (new GMEBS DB Plan): 1) he was required
as part of said election to authorize (or in the case of a default election, he
was deemed to have authorized) the use of all employee contributions made
to the 1977 Plan (and accumulated interest thereon) to help fund benefits
payable under this Plan; 2) he became subject to the terms of the GMEBS
Master Plan, this Adoption Agreement and Addendum generally, and the
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Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(j)
plan benefits and features that apply to Class 5 Employees in particular (as
reflected in the GMEBS Adoption Agreement and this Addendum); 3) his
credited service as determined under the terms of the 1977 Plan in effect
immediately prior to January 1, 2008 (as reflected in the records of the
Employer and as reported to GMEBS), excluding any periods during which
the Employee did not make required contributions to the 1977 Plan or any
period for which the Employee had withdrawn or received a refund of
employee contributions, will be taken into account under this Plan for
purposes of determining the amount of any retirement or death benefit
payable to or on behalf of the Employee under this Plan and for purposes of
meeting the minimum service requirements for vesting and eligibility for
retirement or death benefits applicable to Class 5 Employees; 4) his Credited
Service with other GMEBS member employers (apart from Augusta) will be
counted in determining whether the Employee has satisfied the minimum
service requirements for vesting under this Plan; and 5) if the Employee had
previously participated under the old GMEBS Plan, his credited service
under the old GMEBS Plan prior to January 1, 2008, if any (excluding any
periods for which the Employee did not make employee contributions and
provided the Employee had not previously withdrawn or received a
distribution of his employee contributions) will be taken into account under
this Plan for purposes of determining the amount of any retirement or death
benefit payable to or on behalf of the Employee under this Plan and for
purposes of meeting this Plan's minimum service requirements for vesting
and eligibility for retirement or death benefits.
Effect of Election to Remain Subject to Certain 1977 DB Plan Provisions
(Class 6). If pursuant to the administrative procedures specified in Sections
7.11 -7.15 of the Addendum to the Adoption Agreement that became effective
January 1, 2008 (Ordinance No. 7017) an Employee participant under the
1977 Defined Benefit Plan as of October 1, 2007 elected not to be subject to
the terms of new GMEBS Plan that apply to Class 5 Participants: 1) he
continued to be subject to certain plan benefits and features that previously
applied under the 1977 Plan (as reflected in the GMEBS Adoption
Agreement and Addendum provisions applicable to "Class 6" Employees); 2)
employee contributions previously made to the 1977 DB Plan (and
accumulated interest thereon) were used to fund Class 6 benefits payable to
the Employee under this Plan; 3) he became subject to the applicable terms
of the GMEBS Master Plan, the Adoption Agreement and this General
Addendum generally, and the plan benefits and features that apply to Class 6
Employees in particular (as reflected in the GMEBS Adoption Agreement
and General Addendum), except as otherwise provided in this subsection and
in subsection 14(aa) (concerning certain 1977 Plan provisions that remain in
effect for Class 6 Employees) and subsection 14(t) (concerning
reemployment); 4) his credited service under the 1977 Plan as determined
under the terms of the 1977 Plan in effect immediately prior to January 1,
2008 (as reflected in the records of the Employer and as reported to
GMEBS), excluding any periods during which the Employee did not make
required contributions to the 1977 Plan or any period for which the
Employee had withdrawn or received a refund of employee contributions,
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Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
(k)
will be taken into account under this Plan for purposes of determining the
amount of any retirement or death benefit payable to or on behalf of the
Employee under this Plan and for purposes of meeting the minimum service
requirements for vesting and eligibility for retirement or death benefits
applicable to Class 6 Employees; 5) his Credited Service with other GMEBS
member employers will not be counted in determining whether the Employee
has satisfied the minimum service requirements for vesting under this Plan;
and 6) if he had previously participated under the old GMEBS Plan prior to
January 1, 2008, then his eligibility for early or normal retirement benefits
and the amount of any retirement benefit payable with respect to his period
of participation under the old GMEBS plan (including cost -of -living
adjustments), if any, shall be determined based upon the benefit formula and
the other terms of the old GMEBS plan in effect as of the date that he ceased
participating in said plan as an active employee, and his final average
earnings as of said date, except as otherwise provided below with respect to
reemployment.
New Plan Election by GMEBS DB Plan Participants; Generally. Employees
who were actively employed and who were Participants in Augusta's
GMEBS Defined Benefit Plan as of October 1, 2007 (as reflected in the
records of the Employer) made a one -time, irrevocable election on a form
approved for such purpose and in accordance with the procedures specified
in Sections 7.11 -7.15 of the Addendum to the Adoption Agreement that
became effective January 1, 2008 (Ordinance No. 7017) to either: (1) be
subject to the plan benefits and features that apply to GMEBS Plan
participants who elect the new GMEBS Plan (as reflected in the GMEBS
Adoption Agreement and General Addendum provisions applicable to Class
1 Employees (public safety employees formerly known as "Class 1"
Employees under old GMEBS Plan who elected the new GMEBS Plan) and
Class 3 Employees (non - public safety employees formerly known as "Class
2" Participants under old GMEBS Plan who elected the new GMEBS Plan);
or (2) continue to be subject to certain plan benefits and features that applied
under the GMEBS Plan prior to January 1, 2008 ( "Old GMEBS Plan" or
"former GMEBS Plan") (as reflected in the new GMEBS Adoption
Agreement and General Addendum provisions applicable to Class 2
Employees (public safety employees formerly known as "Class 1"
Participants under old GMEBS Plan who did not elect new GMEBS Plan)
and Class 4 Employees (non -public safety employees formerly known as
"Class 2" Participants under old GMEBS Plan who did not elect the new
GMEBS Plan). Terminated Employees and former Participants under the
GMEBS Plan (as of October 1, 2007) were not permitted to make an election
and remain subject to the old GMEBS plan terms and conditions, benefits
and features that were in effect as of the person's termination date (as
applicable, depending on the person's classification under the old GMEBS
Plan), except as otherwise provided in subsection 14(u) below (concerning
reemployment).
(I) Effect of New Plan Election by GMEBS Participants (Class 1 and Class 3). If
pursuant to the administrative procedures specified in Sections 7.11 -7.15 of
- 12
Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
(m)
the Addendum to the Adoption Agreement that became effective January 1,
2008 (Ordinance No. 7017) an Employee Participant under the GMEBS Plan
as of October 1, 2007 elected (affirmatively or by default) to waive benefits
payable under the terms of the former GMEBS Plan in favor of benefits
payable under the terms of the new GMEBS Plan that became effective
January 1, 2008: 1) he became subject to the terms of the GMEBS Master
Plan, the Adoption Agreement and this General Addendum generally, and
the plan benefits and features that apply in particular to Class 1 Employees
(public safety Employees formerly known as "Class 1" Employees under old
GMEBS Plan who elected the new GMEBS Plan) or Class 3 Employees (non-
public safety Employees formerly known as "Class 2" Participants under old
GMEBS Plan who elected the new GMEBS Plan) as applicable and as
reflected in the GMEBS Adoption Agreement and this Addendum; and 2) if
the Employee had previously participated under the 1977 Plan, his credited
service under the 1977 Plan prior to January 1, 2008, if any (excluding any
periods for which the Employee did not make employee contributions and
provided the Employee had not previously withdrawn or received a
distribution of his employee contributions) will be taken into account under
this Plan for purposes of determining the amount of any retirement or death
benefit payable to or on behalf of the Employee under this Plan and for
purposes of meeting this Plan's minimum service requirements for vesting
and eligibility for retirement or death benefits.
Effect of Old Plan Election by GMEBS Participants (Class 2 and Class 4). If
pursuant to the administrative procedures specified in Sections 7.11 -7.15 of
the Addendum to the Adoption Agreement that became effective January 1,
2008 (Ordinance No. 7017) an Employee Participant under the GMEBS Plan
as of October 1, 2007 elected not to waive benefits payable under the terms of
the former GMEBS Plan in favor of benefits payable under the terms of the
GMEBS Plan that became effective January 1, 2008: 1) he became subject to
the terms of the GMEBS Master Plan, the Adoption Agreement and this
General Addendum generally, and the plan benefits and features that apply
in particular to CIass 2 Employees (public safety Employees formerly known
as "Class 1" Employees under old GMEBS Plan who did not elect the new
GMEBS Plan) or Class 4 Employees (non -public safety Employees formerly
known as "Class 2" Participants under the old GMEBS Plan who did not
elect the new GMEBS Plan), as applicable and as reflected in the GMEBS
Adoption Agreement and this General Addendum; and 2) if he had
previously participated under the 1977 Plan prior to January 1, 2008, then
his eligibility for early or normal retirement benefits and the amount of any
retirement benefit payable with respect to his period of participation under
the 1977 Plan (including cost -of- living adjustments), if any, shall be
determined based upon the benefit formula and the other terms of the 1977
plan in effect as of the date that he ceased participating in said plan as an
active employee, and his final average earnings as of said date.
(n) Effect of No Election (Default Election) - Participation in New GMEBS DB
Plan. If a 1998 DC Plan participant, a 1977 DB Plan participant, or a
GMEBS Plan participant was eligible to make an election under the
13
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(o) EmpIovees on Leave of Absence; Election. If an Employee participant in the
1998 DC Plan, the 1977 DB Plan, or the GMEBS Plan would otherwise have
been eligible to make an election under the applicable terms of Ordinance
No. 7017 but was on an approved leave of absence that included any part of
the election period (and assuming the Employee did not submit an election
form before the end of the election period), the Employee will be given the
opportunity to make the irrevocable election pursuant to the procedures
specified in Sections 7.11 -7.14 of the Addendum to the Adoption Agreement
that became effective January 1, 2008 (Ordinance No. 7017), if and when the
Employee returns to active employment with Augusta immediately upon
expiration of said leave of absence. Said election must be submitted by the
Employee to the Interim Human Resources Director within one (1) calendar
month of the Employee's return to active employment. If the Employee does
not return to active employment with Augusta immediately following
expiration of the Ieave of absence, the Employee will be deemed to have
irrevocably elected not to participate under the terms of the new GMEBS DB
Plan. If the Employee returns to active employment as an Eligible Regular
Employee immediately upon expiration of the leave of absence but does not
make an election within one (1) calendar month after return to active
employment, the Employee will be deemed to have elected the new GMEBS
Plan and will be subject to the terms of the Plan applicable to Class 1, Class
3, Class 5 or Class 7, as applicable.
(p)
(q)
applicable terms of Ordinance No. 7017 but he failed or refused to submit a
signed election form within the prescribed election period pursuant to any
procedures established by the Interim Human Resources Director, the
Employee was deemed to have irrevocably elected to participate under the
terms of the new GMEBS DB Plan and he became subject to the provisions
of the Adoption Agreement and this General Addendum that apply to Class
1, Class 3, Class 5, or Class 7 Participants, as applicable.
Eligible Regular Employees Initially Emuloved or Reemployed Between
October 1, 2007 & January 1, 2008. If an Eligible Regular Employee was
initially employed or reemployed after October 1, 2007 and before January
1, 2008, he or she was not eligible to participate in the 1998 DC Plan.
Assuming he or she met the applicable requirements for participation in this
Plan, the Employee commenced participation in this Plan as of January 1,
2008, and the Employee was required to begin making employee
contributions to the Plan as of January 1, 2008. However, assuming the
other terms and conditions of the Plan were satisfied, Eligible Regular
Employees who were initially employed or reemployed after October 1, 2007
and before January 1, 2008 and who became Participants in this Plan
received credit for Service between October 1, 2007 and January 1, 2008,
notwithstanding the fact that their employee contributions did not commence
until January 1, 2008.
Reemployment of Former 1998 DC Plan Participants after October 1, 2007
(No Election Opportunity); Participation in GMEBS DB Plan; Prior Service
Credit Purchase. This subsection will not apply to any Employee who had an
-14
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
opportunity to make an election under subsection 14(d) (active employee
election) or subsection 14(0) (election by employees on leave of absence).
Except as otherwise provided in subsection 14(gg)(iii), if a former 1998 DC
Plan Participant is reemployed as an Eligible Regular Employee after
October 1, 2007, he will be governed by the terms of the new GMEBS DB
Plan applicable to Class 9 Employees. Said Eligible Regular Employees will
not receive any credit under this Plan with respect to their Service with
Augusta prior to their reemployment date for any purpose (vesting, benefit
eligibility, or benefit computation) under this Plan, except as otherwise
permitted under the Service Credit Purchase Addendum.
(r) Reemployment of DC Plan Participants Who Elect DC Plan; Mandatory
Participation in GMEBS Plan. If a 1998 DC Plan Participant elected to
remain in the DC Plan in accordance with subsection 14(d) (active
employees) or subsection 14(0) (election by employees on leave of absence)
above and is later terminated and reemployed by Augusta as an Eligible
Employee, he will be governed by the terms of the new GMEBS Plan
applicable to Class 9 Employees, notwithstanding his prior election. Said
Eligible Employees will not receive any credit under this Plan with respect to
their Service with Augusta prior to their reemployment date for any purpose
(vesting, benefit eligibility, or benefit computation) under this Plan, except as
otherwise permitted under the Service Credit Purchase Addendum.
(s) Reemployment of Former 1977 DB Plan Participants after October 1, 2007
(No Election Opportunity); Mandatory Participation in GMEBS DB Plan.
This subsection will not apply to any Employee who had an opportunity to
make an election under subsection 14(h) (active employee election) or
subsection 14(o) (election by employees 011 leave of absence). Except as
otherwise provided in subsection 14(gg)(iii), if a former 1977 DB Plan
Participant is reemployed as an Eligible Regular Employee after October 1,
2007, he will be governed by the terms of the new GMEBS DB Plan
applicable to Class 9 Employees. Said Employees will not receive any credit
under this Plan with respect to their Service with Augusta prior to their
reemployment date for any purpose (vesting, benefit eligibility, or benefit
computation), if they have previously withdrawn their employee
contributions to the 1977 DB Plan, except as otherwise permitted under the
Service Credit Purchase Addendum. If returning Eligible Regular
Employees have not withdrawn or received a refund of employee
contributions made to the 1977 DB Plan prior to their reemployment, they
will receive credit under this Plan for credited service under the 1977 Plan
relating to said contributions prior to reemployment (the amount of such
credited service will be determined based on the records of the Employer as
reported to GMEBS), excluding any periods during which the Employee did
not make required contributions to the 1977 Plan, provided they satisfy this
Plan's break in service rules, if applicable. Such credit will be taken into
account under this Plan for purposes of determining the amount of any
retirement or death benefit payable to or on behalf of the Eligible Employee
under this Plan and for purposes of meeting the minimum service
requirements for vesting and eligibility for retirement or death benefits,
-15
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(t) Reemployment of 1977 Plan Participants Who Elect Old 1977 Plan. If a 1977
DB Plan Participant elected the old 1977 DB Plan in accordance with
subsection 14(h) (active employees) or subsection 14(o) (leave of absence)
above and is later terminated and reemployed by Augusta as an Eligible
Regular Employee, he will be governed by the terms of the new GMEBS Plan
applicable to Class 9 Employees, notwithstanding his prior election. This
rule will also apply to a DC Plan participant or GMEBS Plan participant
who made an old plan election (see subsection 14(g) and subsection 14(m)) if
he had credited service prior to January 1, 2008 under the 1977 Plan, for
purposes of determining eligibility and entitlement to benefits, if any, with
respect to said prior credited service under the 1977 Plan.
(u) Reemployment of Former GMEBS Participants after October 1, 2007 (No
Election Opportunity); Mandatory Participation in New GMEBS DB Plan.
This subsection will not apply to any Employee who had an opportunity to
make an election under subsection 14(k) (active employee election) or
subsection 14(0) (election by employees on leave of absence). Except as
otherwise provided in subsection 14(gg)(iii), if a former GMEBS Plan
Participant is reemployed as an Eligible Regular Employee after October 1,
2007, he will be governed by the terms of the new GMEBS DB Plan
applicable to Class 9 Employees. If returning Eligible Regular Employees
have not withdrawn or received a refund of their employee contributions
made to the GMEBS Plan prior to their reemployment, they will receive
credit under this Plan for Credited Service under the GMEBS Plan prior to
reemployment, subject to subsection 14(x) below (concerning credit for
Service prior to March 1, 1987) and subject to this Plan's break in service
rules, if applicable. If they have withdrawn their contributions prior to
reemployment, they will be governed by the provisions of the Master Plan
concerning the effect of withdrawal.
(v) Reemployment of GMEBS Participants who Elect Old GMEBS Plan. If a
GMEBS Plan Participant elected the old GMEBS Plan in accordance with
subsection 14(k) (active employee election) or subsection 14(o) (election by
employees on leave of absence) above and is later terminated and reemployed
by Augusta as an Eligible Regular Employee, he will be governed by the
terms of the new GMEBS Plan applicable to Class 9 Employees,
notwithstanding his prior election. This rule will also apply to a DC Plan
participant or 1977 Plan participant who made an old plan election (see
subsection 14(g) and subsection 14(j)) if he had credited service prior to
January 1, 2008 under the old GMEBS Plan, for purposes of determining
eligibility and entitlement to benefits, if any, with respect to said prior
credited service under the old GMEBS Plan.
(w)
unless the Employee later withdraws his employee contributions (see
subsection 14(ee) below).
Reemployment of Former Participants under 1945, 1949 Plans. If a former
Participant in the Augusta - Richmond County 1945 Pension Plan or the
Augusta - Richmond County 1949 Pension Plan (not including those who
- 16
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(x) Classes 1-4; No Credit for Service Prior to Original Effective Date of
GMEBS Plan. With respect to Participants in Classes 1, 2, 3, and 4, Credited
Service does not include Service with Augusta prior to March 1, 1987 (the
original effective date of the GMEBS Plan), except to the extent that credit
for such service is purchased in accordance with and subject to the Service
Credit Purchase Addendum. However, Service by such Participants prior to
March 1, 1987 will be taken into account in determining whether the
Participant has met the minimum service requirements for vesting and
benefit eligibility under this Plan. This provision will apply regardless of the
Participant's reemployment after January 1, 2008.
(y)
became participants in the 1977 Plan prior to January 1, 2008) is reemployed
by Augusta as an Eligible Regular Employee after October 1, 2007, be will be
governed by the terms of the new GMEBS Plan applicable to Class 9
Employees. His service with Augusta prior to his reemployment date will not
be taken into account for any purpose (vesting, benefit eligibility, or benefit
computation) under the terms of this Plan, except as otherwise permitted in
the Service Credit Purchase Addendum.
Class 8 Employees; No Credit for Service Prior to January 1, 2008. With
respect to Class 8 Employees as described in subsection 14(a), Service prior
to January 1, 2008 will not be taken into account for any purpose under this
Plan, except to the extent that credit for such Service is purchased in
accordance with and subject to the Service Credit Purchase Addendum.
(z) Disability Retirement Benefits. Disability retirement benefits under this Plan
shall be administered in accordance with the provisions of the GMEBS
Master Plan, except as otherwise provided in this subsection 14(z) or
subsection 14(aa) below (concerning disability benefits for Class 6
Participants). If a Participant (other than a Class 6 Participant) is not
disabled in accordance with the GMEBS Master Plan Section 2.21(a)
definition solely because he lacks the quarters of Social Security coverage
required to receive disability insurance benefits under the Federal Social
Security Act, as amended, Disability shall mean a physical or mental
disability of a Participant if the Pension Committee shall determine that he is
permanently incapacitated on the basis of a certificate signed by a physician
selected and engaged by the Participant, stating that: (1) such Participant is
permanently and totally physically or mentally disabled by anatomical,
physiological, or psychological abnormalities that are demonstrable by
medically acceptable clinical and laboratory diagnostic techniques, so as to
be prevented from engaging in any occupation or employment whatsoever
for remuneration or profit; (2) such disability commenced on a specified date
during the period of the Participant's employment with Augusta, Georgia;
(3) such disability will be permanent and continuous during the remainder of
the Participant's life; and (4) such disability was not self - inflicted, incurred in
military service, incurred in the commission of a felonious enterprise, or the
result of the use of narcotics or drugs or habitual use of alcohol. The Pension
Committee shall have the right to require the Participant who applies for
Disability Retirement or who is receiving Disability Retirement benefits to be
- 17
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
examined by a physician chosen by the Pension Committee to confirm the
Participant's initial disability or continuation of disability. Should the
physician chosen by the Pension Committee not confirm the Participant's
initial disability or continuation of disability, then such physician and the
physician selected by the Participant shall select a third physician by mutual
agreement, who shall determine finally and unalterably whether the
Participant is disabled as defined herein.
(aa) Certain Old 1977 DB Plan Provisions Preserved for Class 6 Participants.
(1)
(u)
Class 6 Interest on Employee Contributions. Notwithstanding any
provision of this Plan to the contrary, for Class 6 Participants interest
shall be credited on Employee Contributions from the January 1 next
following the date of which such Contributions are made until the
earlier of: (1) the date of termination of employment for any reason;
and (2) the Participant's Normal Retirement Date, with such interest
compounded annually at the rate of 5% per annum.
Class 6 Early Retirement Factors. Notwithstanding any provision of
this Plan to the contrary, for Class 6 Participants, the monthly Early
Retirement benefit shall be computed in the same manner as the
Normal Retirement benefit, but the benefit shall be reduced by 5/12%
for each complete month by which the Early Retirement Date of a
Participate precedes his Normal Retirement Date or Alternative
Normal Retirement Date (age 65, or age 62 if the Participant has 25
years of Credited Service).
(iii) Class 6 Disability Retirement.
(A) Employment- Connected Disability. A Class 6 Participant may
retire with a Disability Retirement benefit under the Plan if he
becomes totally and permanently disabled with a "Disability"
as defined in GMEBS Master Plan Section 2.21 (based on
Social Security disability determination, except where
Participant has insufficient quarters of Social Security
coverage) from a cause arising out of and in the course of
employment, as determined by the Pension Committee. If
Master Plan Section 2.21(b) applies (due to insufficient
quarters of Social Security coverage) and the physician chosen
by the Pension Committee does not confirm the Participant's
disability, then such physician and the physician chosen by the
Participant shall select a third physician by mutual agreement,
who shall determine finally whether the Participant is disabled
within the definition of GMEBS Master Plan Section 2.21(b).
Payment of the Disability Retirement benefit to Class 6
Participants shall be governed by the following provisions of
this subsection 14(aa)(iii), notwithstanding any other provision
of the GMEBS Master Plan to the contrary.
- 18
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(B)
Class 6 Non - Admissible Causes of Disability. Notwithstanding
anything in this subsection 14(aa)(iii) or the Master Plan to the
contrary, a Class 6 Participant shall not be entitled to receive
any Disability Retirement benefit if the Pension Committee
determines that the Participant's disability is a result of any of
the following: excessive and habitual use by the Participant of
drugs or narcotics; injury or disease sustained by the
Participant while willfully participating in acts of violence,
riots, civil insurrections, or while committing a criminal
offense; injury or disease sustained by the Participant while
serving in any armed forces or as the result of warfare; injury
or disease sustained by the Participant after his employment
has terminated; injury or disease sustained by the Participant
while working for anyone other than Augusta and directly
attributable to such employment; or intentional, self - inflicted
injury.
(C) Class 6 - Continuing Examination. Once each year after
commencement of Disability Retirement benefits, the Pension
Committee may require proof of the continued total and
permanent disability of the Class 6 Participant. The decision
of the Pension Committee on all such questions shall be final
and binding.
(D)
(E) Class 6 - Payment of Employment- Connected Disability
Retirement Benefit. The retirement benefit to which a Class 6
Participant is entitled in the event of 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 (1) the Participant's date of death, or (2) the cessation
of his Disability prior to his Normal Retirement Date. The
Disability Retirement Date shall be the first day of the month
-19
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
Class 6 - Amount of Employment-Connected Disability
Retirement Benefit. The monthly retirement benefit payable
to a Class 6 Participant on his Disability Retirement Date, if he
is entitled to an employment - connected disability benefit under
subsection 14(aa)(iii)(A) above, shall be 1/12 of fifty- percent
(50 %) of his Final Average Earnings determined as of his
Disability Retirement Date, reduced by any monthly payment
received under worker's compensation law (as determined by
the Human Resources Director and reported to GMEBS), or if
worker'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 Human Resources Director, for
the amount to which the Participant is eligible under worker's
compensation.
which coincides with or next follows the date the Pension
Committee approves payment of the disability benefit.
(F) Class 6 - Termination of Disability Retirement Benefit. If a
Class 6 Participant's Disability ceases prior to his Normal
Retirement Date and he does not become reemployed by
Augusta 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 to: (1) an Early Retirement benefit, if
he had satisfied the requirements for early retirement as of the
date of inception of his Total and Permanent Disability, or (2) a
Normal Retirement benefit, if he has satisfied the requirements
for Normal Retirement. Either such benefit shall be based on
his Credited Service and Final Average Earnings as of the date
of inception of the Participant's Disability. If the Participant's
Disability ceases and he becomes reemployed by Augusta, his
employment will be deemed to have been continuous, provided
that the period beginning with the first month for which he
received a disability payment and ending with the date of
reemployment will not be considered as Credited Service for
purposes of the Plan.
(G) Class 6 Non - Employment Connected Disability; 5 Year
Eligibility Requirement. If a Class 6 Participant becomes
Disabled from a cause: (1) not arising out of and in the course
of his employment and (2) other than specified in subsection
14(aa)(iii)(B) above (concerning non - admissible causes of
disability) after the completion of five (5) or more years of
Credited Service, he shall be entitled to a Disability Retirement
benefit in accordance with subsection 14(aa)(iii)(H) -(J) below.
H)
Class 6 Amount of Non - Employment Connected Disability
Benefit; Accrued Benefit. In the case of a non - employment
connected Disability, the monthly retirement benefit payable to
a Participant on his Disability Retirement Date shall be an
amount equal to 1/12 of 1% of his Final Average Earnings
multiplied by his Credited Service up to his Disability
Retirement Date, reduced by any monthly payment received
under worker's compensation law (as determined by the
Human Resources Director and reported to GMEBS), or if
worker'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 Human Resources Director, for
20 —
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(1)
Class 6 Retirement Date, Proof of Non - Employment Connected
Disability. The Disability Retirement Date of a Participant
shall be the date defined in subsection 14(aa)(iii)(E) above.
Proof of Disability shall be the same as that required in
subsection 14(aa)(iii)(A) -(C) above.
the amount to which the Participant is eligible under worker's
compensation.
(J) Class 6 Payment of Non - Emplovment Connected Disability
Benefit Termination of Benefits. The provisions of subsection
14(aa)(iii)(E) and subsection 14(aa)(ffi)(F) above concerning
payment and termination of Disability Retirement Benefits
shall also apply to Class 6 Participants who are receiving non -
employment connected Disability Retirement benefits.
(iv) Class 6 Pre - Retirement Death Benefits (In- Service Death Benefits
Only; No Terminated Vested Death Benefit).
(A) Class 6 Dutv - Connected Death; 25% of Final Average
Earnings Payable to Spouse/Minor Children. If the
employment of a Class 6 Participant is terminated by reason of
his death while actively performing the prescribed duties of his
job and not resulting from any misconduct or willful
negligence of the Participant, as determined by the Pension
Committee, the surviving Spouse as defined in GMEBS Master
Plan Section 2.59 (if any) of such deceased Participant will
receive a monthly benefit equal to 1/12 of twenty -five (25 %) of
the Participant's Final Average Earnings as of the date of
death. Such benefit will commence on the first day of the
month following the last payment of: any monthly benefits
provided under state worker's compensation law (as
determined by the Human Resources Director and reported to
GMEBS) or if worker's compensation benefits are paid in
lump -sum amount, the last monthly payment which would
otherwise be payable if such lamp -sum payment is equitably
adjusted on the basis of the monthly amount to which the
Participant would be entitled under state worker's
compensation law, as determined by the Human Resources
Director and reported to GMEBS. The monthly benefit shall
be payable until the Spouse of the deceased Participant dies or
remarries; provided however, that in the event of the Spouse's
death while a Minor Child or Minor Children (as defined in
GMEBS Master Plan Section 2.10, except that the age of
majority shall be 18) of the deceased Participant survive, the
monthly benefit otherwise payable to the Spouse shall continue
for the benefit of such Minor Child or Children, in equal
monthly shares, until the earlier of marriage, death, or
attainment of age 18 as to each child. If the Class 6 Participant
does not leave a surviving Spouse but leaves a surviving Minor
Child or Minor Children, the legal guardian of such child(ren)
shall receive on their behalf the benefit that would have
otherwise been payable to the Spouse, divided into equal
monthly shares for the surviving Minor Child(ren), and
payable until the earlier of marriage, death, or attainment of
-21
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(B)
age 18 as to each child. If no Spouse or Minor Child(ren)
survive the deceased Participant, a lump -sum cash amount
equal to the total amount of the Participant's employee
contributions with interest shall be paid to the Participant's
Pre - Retirement Beneficiary as determined under the GMEBS
Master Plan, or if there is 110 Pre - Retirement Beneficiary, to
the Participant's estate.
Class 6 Non -Duty Connected Death (Return of Contributions
Onlv). If the employment of a Class 6 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, as determined by the Pension Committee, there shall be
payable to his surviving Spouse (as defined in GMEBS Master
Plan Section 2.59) or, if no Spouse survives the Participant,
then to his Pre - Retirement Beneficiary (as determined under
the GMEBS Master Plan), a lump -sum cash amount equal to
the total amount of the Participant's employee contributions
with interest. If there is no surviving Spouse or Pre -
Retirement Beneficiary, said amount will be paid to the
Participant's estate.
(v) Grandfathered 415 Limit for Class 5 and Class 6. In accordance with
Internal Revenue Code Section 415(b)(10), notwithstanding any
provision of the Master Plan to the contrary, with respect to Class 5
and Class 6 Participants who became participants in the 1977 DB
Plan before January 1, 1990, the maximum annual benefit payable in
accordance with the IRC 415 benefit limitations contained in the
Master Plan shall not be less than such Participant's Accrued Benefit
under this Plan (as determined without regard to any plan
amendment made after October 14, 1987).
(vi)
Vesting for Class 5 and Class 6 Department Heads. A Class 5 or Class
6 Participant who was appointed a department head by Richmond
County prior to January 1, 2008 shall be 100% vested,
notwithstanding the 5 -year vesting requirement otherwise applicable
under the Plan.
(bb) Benefits Payable As of 1st of the Month for the Month. Notwithstanding any
provision of the GMEBS Master Plan to the contrary, retirement benefits
(including Normal Retirement, Early Retirement, and Disability Retirement
Benefits) and death benefits shall be payable 011 the first day of the month for
the month (rather than the last day).
(cc) COLA Applied as of February 1. Notwithstanding any provision of the
GMEBS Master Plan to the contrary, the annual cost -of- living adjustment
provided for in the Adoption Agreement will be applied as of February 1
each year (with February payment). The cost -of- living adjustment will
-22
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
otherwise be determined in accordance with the GMEBS Master Plan and
the COLA provisions of the Adoption Agreement.
(dd) Interest on Employee Contributions. Except as otherwise provided in the
Adoption Agreement and this General Addendum with respect to
Participants in Classes 2, 4, and 6, employee contributions shall be credited
with interest at the rate of 5% per annum, compounded annually. (See
Adoption Agreement Section 19 and General Addendum subsection 14
(aa)(i)).
(ee) Effect of Withdrawal of Employee Contributions. If a Participant terminates
Service with Augusta after January 1, 2008 and he withdraws or receives a
refund of his employee contributions to this Plan following said termination
(including employer and employee contributions transferred to this Plan
from the DC plan, any employee contributions made to the 1977 Plan, any
employee contributions made under the old or new GMEBS Plan, and/or any
contributions made to purchase prior service credit), then the Participant
will forfeit for himself, his heirs and assigns all of his rights, title, and interest
in the Plan in accordance with Master Plan Section 13.03, except as otherwise
provided in this Section with respect to repayment in the event of
reemployment. A partial withdrawal or refund of employee contributions is
not permitted. A Participant may not withdraw his employee contributions
as long as he remains in Service and he may not borrow against his employee
contributions at any time. Notwithstanding any provision of the Master Plan
to the contrary, if a Participant withdraws his employee contributions after
January 1, 2008, and if he later returns to Service with Augusta as an
Eligible Employee, then any service credit or benefit amount forfeited by
virtue of the withdrawal or refund may be reinstated, provided that within
six (6) months after his reemployment date (or prior to his termination date
following reemployment, if earlier), he repays to this Plan in a lump sum any
and all amounts previously withdrawn or refunded, plus interest calculated
at the rate of 8% per annum. Partial repayment is not permitted. In no
event will the time the Participant was absent be taken into account in
calculating the amount of any benefit payable under this Plan. Said
Participants will also be required to satisfy the break in service requirements
of Section 4.06 of the Master Plan, if applicable.
(ff)
(gg)
Public Safety Retirement by Age 70. Public Safety Personnel (as defined in
subsection 14(a)) shall not delay their Retirement beyond age seventy (70).
Treatment of Classes for Whom Participation is Optional.
(1) Initially Employed After October 1, 2007. This provision applies only
with respect to the classes for whom participation in this Plan is
optional (see subsection 14(b) above). If an Eligible Employee is
initially employed or initially takes office with Augusta (with no prior
service for Augusta -) as an elected or appointed member of the
Governing Authority (member of the Augusta, Georgia Commission
Council), Administrator, Assistant Administrator, Department
- 23 —
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
Director, Assistant Department Director, or Law Department General
Counsel or Law Department staff attorney after October 1, 2007, he
must make an irrevocable election whether to participate in this Plan
or the DC Plan, (as amended and restated effective January 1, 2008
and subject to any future amendments) in accordance with the 30-day
election time limit and other procedures referred to in subsection
14(b) above. If he fails or refuses to make an election within the 30-
day time Iimit, it will be deemed an irrevocable election to participate
in this Plan (not the DC Plan). If the Employee was initially employed
between October 1, 2007 and January 1, 2008 and he elected
(affirmatively or by default) in accordance with the election
procedures specified in Sections 7.11 -7.15 of the Addendum to the
Adoption Agreement that became effective January 1, 2008
(Ordinance No. 7017) to participate in this Plan rather than the DC
Plan, the provisions of subsection 14(p) (concerning commencement of
employee contributions and credit for service prior to January 1,
2008) will apply. If he elected pursuant to said election procedures
(affirmatively or by default) to participate in this Plan rather than the
DC Plan, then in the event he terminates or leaves office and later
returns to Service with Augusta as an Eligible Employee, he will be
required to participate in this Plan upon reemployment, and will be
subject to the break in service provisions (if applicable) and other
applicable provisions of this Plan concerning reemployment. If he
elected to participate in the DC Plan (rather than this Plan) as
provided in the Adoption Agreement, then in the event he terminates
or leaves office and later returns to Service with Augusta as an
Eligible Employee, he will not be able to make a plan election upon his
reemployment and he will be required to participate in this Plan,
notwithstanding his prior election to participate in the DC Plan. In
such case, he will not receive any credit under this Plan with respect
to Service with Augusta, prior to said reemployment date for any
purpose (vesting, benefit eligibility, or benefit computation), except as
otherwise permitted under the Service Credit Purchase Addendum.
(ii) Employed as of October 1, 2007; Return to Service After Election.
Elected or appointed members of the Governing Authority, the
Administrator, Assistant Administrators, Department Directors,
Assistant Department Directors, Law Department General Counsel
and Law Department staff attorneys who were employed or in office
as of October 1, 2007 will be bound by their plan election made
(affirmatively or by default) in accordance with and subject to the
procedures specified in Sections 7.11 -7.15 of the Addendum to the
Adoption Agreement that became effective January 1, 2008
(Ordinance No. 7017) (unless they are a member of Class 8 in which
case participation under the new GMEBS Plan will be mandatory).
However, in the event they terminate or leave office after January 1,
2008 and later return to Service with Augusta as an Eligible
Employee, they will not be permitted to make a plan election upon
return to Service and will be required to participate under the terms
24
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
of the new GMEBS Plan applicable to Class 9 Employees,
notwithstanding any prior election, in the same manner and subject to
the same conditions as other Employees who made an election
(affirmatively or by default) during the established election period
(see subsection 14(r), subsection 14(t), or subsection 14(v), as
applicable).
Reemployed After October 1, 2007; No Election Opportunity. Subject
to any applicable election limitations under the Internal Revenue
Code, if a former Employee who was not employed as of October 1,
2007 (not including those who had an election opportunity) returns to
Service with Augusta after October 1, 2007 as an Eligible Employee
and as an elected or appointed member of the Governing Authority,
Administrator, Assistant Administrator, Department Director,
Assistant Department Director, Law Department General Counsel or
Law Department staff attorney, he must make an irrevocable election
within the 30 -day election period referred to in subsection 14(b) to
participate in accordance with and subject to either: 1) the terms of
the new GMEBS DB Plan applicable to Class 9; or 2) the DC Plan as
amended and restated effective January 1, 2008, subject to any future
plan amendments. Said returning Employees who last participated
under the 1977 DB Plan may elect to participate under the terms of
the new GMEBS DB Plan applicable to Class 6, or the terms of the
new GMEBS DB Plan applicable to CIass 9, or the DC Plan. If the
Employee fails or refuses to make an election within the 30 -day time
limit, it will be deemed an irrevocable election to participate under the
terms of the new GMEBS DB Plan applicable to Class 9. If the
Employee elects (affirmatively or by default) to participate in the new
GMEBS DB Plan, he will not receive any credit under this Plan with
respect to Service with Augusta prior to said return to Service for any
purpose (vesting, benefit eligibility, or benefit computation), except as
otherwise permitted under the Service Credit Purchase Addendum.
However, the provisions of subsection 14(s) concerning the effect of
prior withdrawal or refund of employee contributions shall apply to
returning former 1977 DB Plan participants who participate in the
new GMEBS DB Plan upon return to Service. The provisions of
subsection 14(u) concerning the effect of withdrawal or refund of
employee contributions shall apply to returning former GMEBS Plan
participants who participate in the new GMEBS DB Plan with respect
to employee contributions withdrawn before said return. In the event
the Employee terminates or leaves office after making said election,
and he later returns to Service with Augusta as an Eligible Employee,
he will not be able to make a plan election upon his reemployment and
he will be required to participate under the terms of the new GMEBS
Plan applicable to Class 9 Employees, notwithstanding any prior
election. He will not receive any credit under this Plan with respect to
Service while a participant under the DC Plan prior to said
reemployment date for any purpose (vesting, benefit eligibility, or
benefit computation), except as otherwise permitted under the Service
25
Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
(hh)
Credit Purchase Addendum and the provisions of subsection 14(ee)
(concerning the effect of withdrawal of employee contributions) will
apply with respect to those who have previously elected to participate
in the new GMEBS DB Plan.
Treatment of Tax Commissioner's Office Employees. Employees initially
employed or rehired after October 1, 2007 as employees of the Augusta -
Richmond County Tax Commissioner's office will be eligible to participate in
this Plan only if they are considered "Regular Employees" as defined in the
Augusta - Richmond County Personnel Policies, and only if they meet the
GMEBS Master Plan definition of "Employee" and this Plan's definition of
"Eligible Employee." If the Employee satisfies these requirements,
participation in this Plan will be mandatory and the Employee will
commence participation in this Plan after he satisfies the 30 -day waiting
period in accordance with subsection 3(b) above. On and after November 1,
2011, Employees of the Tax Commissioner's office who meet the minimum
service requirements for participation under this Plan and who as of October
31, 2011 are not participating in any Augusta retirement plan that is wholly
or partially funded by Employer contributions will be required to participate
in this Plan, notwithstanding whether such Employees also participate in the
Employees Retirement System of Georgia (ERS). An Employee of the Tax
Commissioner's office who: 1) did not participate in any other Augusta
retirement plan that is wholly or partially funded by Employer contributions
on October 31, 2011, and 2) becomes a Participant in this Plan on November
1, 2011, shall receive credit for the purpose of vesting only under this Plan
for any full -time (20 hours per week, regularly scheduled) service with the
Tax Commissioner's Office on or after January 1, 2008 during which such
employee did not participate in any other Augusta retirement plan that is
wholly or partially funded by the Employer. Former Employees of the
Augusta - Richmond County Tax Commissioner's office who are rehired after
October 1, 2007 into a department other than Augusta - Richmond County
Tax Commissioner's office shall be governed by the terms of the new
GMEBS DB Plan applicable to Class 9 Employees.
(ii) Plan Year Chance for GMEBS Plan. Notwithstanding the Plan Year election
in the Adoption Agreement, prior to January 1, 2008, the Plan Year for the
Employer's GMEBS defined benefit plan was (1) the twelve (12) month
periods beginning each March 1 through the following February 29, ending
with February 28, 2007; and (2) the short Plan Year starting on March 1,
2007 and ending on December 31, 2007.
(JJ)
IRC 401(a)(17) Limit Applied to Short Plan Year. For purposes of applying
the IRC 401(a)(17) limit on annual Earnings that can be taken into account
under the GMEBS defined benefit Plan (the Plan), annual earnings means
Earnings during the Plan Year or such other consecutive twelve (12) month
period over which Earnings are otherwise determined under the Plan (the
determination period). The 401(a)(17) cost -of- living adjustment for a
calendar year applies to annual earnings for the determination period that
begins with or within such a calendar year. For the short Plan Year
-26
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
0)
applicable to the Plan, the annual earnings limit is an amount equal to the
otherwise applicable earnings limit, multiplied by a fraction, the numerator
of which is the number of months in the short Plan Year, and the
denominator of which is twelve (12).
Amendment with Respect to 1977 DB Plan Provisions. Notwithstanding
Master Plan Article XVIII, with respect to provisions of the Plan relating to
the merged 1977 DB Plan, effective on an after January 1, 2008, the
Employer shall have the right at any time to amend the Plan, subject to
approval of such amendment by the GMEBS Board; provided, however, that
no such amendment shall authorize or permit any part of the Trust Fund to
be diverted to purposes other than the exclusive benefit of Participants and
their beneficiaries; and further provided, that no amendment shall have the
effect of revesting in the Employer any portion of the Trust Fund expect such
amounts which remain in Fund after termination of the Plan and after all
liabilities under the Plan have been satisfied.
(11) Immediate Vestinsr for Senior Executive Service (SES) Participants;
Additional Service Credit for SES Participants Terminated Due to Reduction
in Force.
(i)
Immediate Vesting for Senior Executive Service (SES) Participants.
Notwithstanding any provision in the Adoption Agreement or this
General Addendum to the contrary, Participants in this Plan who
hold a senior executive service position listed in subsection 14(ll)(iii)
below on or after January 1, 2009 and before April 1, 2011 will be
considered immediately vested in their accrued normal retirement
benefit under this Plan, including any portion thereof that is
attributable to non -SES Credited Service (see also Section 17(A) of the
Adoption Agreement). Effective April 1, 2011, a participant's status
as an SES Participant for purposes of eligibility for immediate vesting
under this provision shall be determined in accordance with the
Augusta, Georgia Personnel Policy and Procedures Manual
notwithstanding the list in Section 14(11)(iii) of this Addendum, below.
If an individual holds an SES position but is not a Participant in this
Plan, this subsection shall not apply.
(ii) Additional Service Credit for Certain SES Participants Involuntarily
Terminated on March 1, 2009. Notwithstanding any provision in the
Adoption Agreement or this General Addendum to the contrary and
provided the requirements of this subsection 14(11)(ii) are satisfied,
Participants in this Plan who were involuntarily terminated from
employment with Augusta on March 1, 2009 due to a layoff or
reduction in force while holding a senior executive service (SES)
position listed in subsection 14(I1)(iii) below will be treated as having
an additional five (5) years of Credited Service (in addition to their
actual years of Credited Service) for purposes of computing the
amount of any retirement or pre - retirement death benefit payable to
or on behalf of the Participant under this Plan, and for purposes of
-27
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(iii)
meeting the minimum service requirements for retirement and pre -
retirement death benefit eligibility under this Plan. In order to be
eligible for the additional five (5) years of Credited Service under this
subsection 14(11)(ii), the following requirements must also be satisfied:
(1) The Participant's termination of employment must not be related
to the Participant's conduct, as determined by the Human Resources
Director; (2) the Participant must not return to employment with
Augusta for at least one (1) year following termination of
employment; (3) the Participant must execute any and all waivers
and/or releases required by Augusta in connection with the layoff or
reduction in force; and (4) the Human Resources Director must
provide GMEBS with written certification of the Participant's
eligibility for additional Credited Service under this subsection 14(11).
If an individual is not a Participant in this Plan upon termination of
employment, this subsection shall not apply.
Senior Executive Service (SES) Positions.
POSITION
Director
Director
Director
Director
Director
Director
Director
Director
Chief Appraiser
Director
Director
Director
Warden
Director
Director
Director
Director
Director
Fire Chief
Director
Director
Deputy Administrator
Administrator
General Counsel
Disadvantaged Business Ent Coordinator
Equal Employment Opp Coordinator
Clerk of Commission
Finance Director
-28
Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
DEPARTMENT
Information Technology
Board of Elections
Recreation - Administration
Human Relations
Daniel Field
Animal Control
Water & Sewer Administration
Fac Maintenance - General Government
Tax Assessor
Transit Operations
Public Works - Solid Waste
Public Works - Highways and Streets
Richmond County Correctional Institution
Human Resources
Procurement
Building Inspections
Emergency Telephone Response
Community Development
Fire Department
Emergency Management Agency
Airport -Bush Field
Administrator
Administrator
Law Department
Disadvantaged Business Enterprise
Equal Employment Opportunity
Clerk of Commission
Finance Department
(mm) Effect of March 30, 2011 Reorganization Plan, Phase I ( "2011
Reorganization Plan ") and 2011 Reduction in Force Policy ( "2011 RIF
Policy "); Effective Termination Date Under GMEBS Retirement Plan;
Additional Service Credit and Severance Taken Into Account Under
Retirement Plan for GMEBS Retirement Plan Participants Who Execute a
Separation Agreement Pursuant to Reorganization Plan; Extra Five (5)
Years of Service Credit for Said Participants Who Are Senior Executive
Service (SES) Personnel; Service Credit for Unused Sick Leave for SES &
Non -SES Participants Who Execute Separation Agreement and Retire under
Plan Immediately Following Termination Date; Unreduced Normal
Retirement Benefit for SES & Non -SES Participants who Execute Separation
Agreement, Retire Immediately Following Termination Date and Meet "62
& 15" Requirement.
(i)
Presumed Retirement Plan Termination Date for Senior Executive
Service (SES) Participants Who Execute a Separation Agreement.
Solely for purposes of determining benefits payable under the
GMEBS Retirement Plan as provided in this subsection 14(mm)(i),
the presumed date of Termination under the GMEBS Retirement
Plan for a GMEBS Retirement Plan Participant who is involuntarily
terminated from employment with Augusta, Georgia while holding a
SES position listed in subsection 14(mm)(viii) below (referred to in
this subsection 14(mm) as "SES Participant ") and who enters into a
separation agreement with Augusta pursuant to the 2011 RIF as
described in the 2011 Reorganization Plan approved by the Augusta,
Georgia Commission Council on March 30, 2011, shall be the last day
of the month in which the Participant has exhausted his or her
Severance Pay as determined by Section 500.311 of the Augusta,
Georgia Personnel Policy and Procedures Manual, following the
Participant's official date of separation as stated in the Participant's
"Sixty (60) Day Notice Letter" issued pursuant to the 2011 RIF
Policy. The Participant's Final Average Earnings under the GMEBS
Retirement Plan shall be computed as if the Participant remained
employed up until said presumed date of Termination under the
GMEBS Retirement Plan and as if the Participant received as
Earnings for the period between the Participant's official date of
separation (as stated in the Participant's 60 Day Notice Letter) and
the Participant's presumed date of Termination under the GMEBS
Retirement Plan an amount equal to the Severance Pay paid to the
Participant in accordance with Section 500.311 of Augusta, Georgia's
Personnel Policy and Procedures. In addition, the period between the
Participant's official date of separation and the Participant's
presumed date of Termination under the GMEBS Retirement Plan
shall be treated as Credited Service under the Retirement Plan for
purposes of computing the amount of any benefit payable under the
Plan, for purposes of determining whether the Participant has
satisfied the applicable minimum service requirements for vesting
under the Plan, and for purposes of determining whether the
- 29 —
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
Participant has satisfied the applicable minimum service
requirements for benefit eligibility under the Plan. (See subsections
14(mm)(v), (vi), and (vii) below for description of additional
Retirement Plan benefits available to SES Participants who are
involuntarily terminated from employment and who enter into a
separation agreement with Augusta, Georgia pursuant to the 2011
RIF Policy).
(ii) Retirement Plan Termination Date for SES Participants Who Do Not
Execute a Separation Agreement. The date of Termination under the
GMEBS Retirement Plan for an SES Participant who is involuntarily
terminated from employment pursuant to the 2011 RIF Policy and
who does not enter into a separation agreement with Augusta,
Georgia shall be the same as the Participant's official date of
separation as stated in the Participant's "Sixty (60) Day Notice
Letter" issued pursuant to the 2011 RIF Policy.
()
Presumed Retirement Plan Termination Date for Non -SES
Participants Who Execute a Separation Agreement. Solely for
purposes of determining benefits payable under the GMEBS
Retirement Plan as provided in this subsection 14(mm)(iii), the
presumed date of Termination under the GMEBS Retirement Plan
for a GMEBS Retirement Plan Participant who is involuntarily
terminated from employment with Augusta, Georgia while holding a
non -SES position listed in subsection 14(mm)(ix) below ( "Non -SES
Participant ") and who enters into a separation agreement with
Augusta, Georgia pursuant to the 2011 RIF as described in the 2011
Reorganization Plan approved by the Augusta, Georgia Commission
on March 30, 2011, shall be the last day of the month that is one (1)
month after the Participant's official date of separation as stated in
the Participant's "Sixty (60) Day Notice Letter" issued pursuant to
the 2011 RIF Policy. The Participant's Final Average Earnings under
the Retirement Plan shall be computed as if the Participant remained
employed up until said presumed date of Termination under the
GMEBS Retirement PIan and as if the Participant received as
Earnings for the period between the official date of separation and the
Participant's presumed date of Termination under the Retirement
Plan an amount equal to one twelfth (1 /12th) of the Participant's
annual salary. In addition, the period between the Participant's
official date of separation and the Participant's presumed date of
Termination under the GMEBS Retirement Plan shall be treated as
Credited Service under the GMEBS Retirement Plan for purposes of
computing the amount of any benefit payable under the Plan, for
purposes of determining whether the Participant has satisfied the
applicable minimum service requirements for vesting under the Plan,
and for purposes of determining whether the Participant has satisfied
the applicable minimum service requirements for benefit eligibility
under the Plan. (See subsections 14(mm)(vi) and (vii) below for
description of additional Retirement Plan benefits available to Non-
- 30 —
Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
SES Participants who are involuntarily terminated from employment
and who enter into a separation agreement with Augusta, Georgia
pursuant to the 2011 RIF Policy.)
(iv) Retirement Plan Termination Date for Non -SES Participants Who Do
Not Execute a Separation Agreement. The date of Termination under
the Retirement Plan for a Non -SES Participant who is involuntarily
terminated from employment pursuant to the 2011 RIF Policy and
who does not enter into a separation agreement with Augusta,
Georgia shall be the Participant's official date of separation as stated
in the Participant's "Sixty (60) Day Notice Letter" issued pursuant to
the 2011 RIF Policy.
(v) Additional 5 Years of Service Credit for Senior Executive Service
(SES) Participants Who Execute Separation Agreement.
Notwithstanding any provision in the Adoption Agreement or this
General Addendum to the contrary, and provided the requirements of
this subsection 14(mm)(v) are satisfied, a Participant in the GMEBS
Retirement Plan (this Plan) who holds an SES position listed in
subsection 14(mm)(viii) below as of March 30, 2011, who is
involuntarily terminated from employment pursuant to the 2011 RIF
as described in the 2011 Reorganization Plan approved by the
Augusta, Georgia Commission on March 30, 2011 and who enters into
a separation agreement with Augusta, Georgia while holding such
SES position will be treated as having an additional five (5) years of
Credited Service (in addition to his actual years of Credited Service
and any Credited Service granted to the Participant under subsection
14(mm)(i) above for the period between the Participant's official date
of separation and the Participant's presumed date of Termination
under subsection 14(mm)(i), and any Credited Service granted for
unused sick leave under subsection 14(mm)(vi) below). The
additional five (5) years of Credited Service provided for in this
subsection 14(mm)(v) shall not be construed to extend the
Participant's presumed date of Termination under the Retirement
Plan. Said additional five (5) years of Credited Service shall be
counted under the Retirement Plan for purposes of computing the
amount of any benefit payable under the Plan and for purposes of
determining whether the Participant has satisfied the applicable
minimum service requirements for benefit eligibility under the Plan.
In order to be eligible for the additional five (5) years of Credited
Service under this subsection 14(mm)(v), the following requirements
must also be satisfied: (1) the Participant must be involuntarily
separated from employment with Augusta, Georgia in accordance
with the 2011 RIF as described in the 2011 Reorganization Plan; (2)
the Participant must be vested in a normal retirement benefit under
the terms of this Plan as of the date of his or her official separation
from employment with Augusta, Georgia; (3) the Participant must
execute any and all waivers and/or releases required by Augusta,
Georgia in connection with the 2011 RIF Policy; and (4) the Human
-31
Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
Resources Director must provide GMEBS with written certification of
the Participant's eligibility for additional Credited Service under this
subsection 14(mm)(v). If an individual is not a Participant in this
Plan upon termination of employment, this subsection shall not apply.
Credit for Unused Sick Leave for SES and Non -SES Participants
Who Execute Separation Agreement and Retire Immediately
Following Presumed Retirement Plan Termination Date. A SES or
non -SES Participant identified in subsection 14(mm)(viii) or (ix)
below who (1) is involuntarily terminated from employment with
Augusta, Georgia pursuant to the 2011 RIF as described in the 2011
Reorganization Plan approved by the Augusta, Georgia Commission
on March 30, 2011; (2) enters into a separation agreement with
Augusta, Georgia pursuant to the 2011 RIF Policy; (3) officially
separates from employment with Augusta, Georgia on the
Participant's official date of separation as stated in the Participant's
"Sixty (60) Day Notice Letter" issued pursuant to the 2011 RIF
Policy; (4) is eligible for Early or Normal Retirement benefits as of the
Participant's presumed date of Termination under the Retirement
Plan as identified in subsection 14(mm)(i) or (iii) above (as
applicable); (5) submits a completed retirement application form to
GMEBS within 30 days after the Participant's presumed date of
Termination under the Retirement Plan as identified in subsection
14(mm)(i) or (iii) above (as applicable) reflecting as the effective
Retirement Date the first day of the month following the Participant's
presumed date of Termination under the Retirement Plan; and (6)
Retires under the Plan as of said effective Retirement Date, shall
receive additional Credited Service in the amount of half of his or her
unused sick leave, if any, up to a maximum of 6 months of additional
Credited Service. The Pension Committee Secretary shall provide
any and all forms requested by GMEBS in order to confirm the
amount of a Participant's unused sick leave that is to count as
Credited Service pursuant to this subsection 14(mm)(vi). Such
Credited Service shall count for purposes of computing the amount of
any retirement benefit payable to or on behalf of the Participant
under this Plan, for purposes of meeting the minimum service
requirements for vesting, and for purposes of meeting the minimum
service requirements for retirement benefit eligibility under this Plan.
The additional Credited Service provided for in this subsection
14(mm)(vi) shall not be construed to extend the Participant's
presumed date of Termination under the Retirement Plan.
(vii) Unreduced Retirement Benefit for SES and Non -SES Participants
Who Execute Separation Agreement and Retire Immediately
Following Presumed Retirement Plan Termination Date Pursuant to
2011 RIF Policy, Provided They Are at least 62 Years of Age and
Have at Least 15 Years of Credited Service with Augusta, Georgia as
of Presumed Retirement Plan Termination Date, A SES or non -SES
Participant identified in subsection 14(mm)(viii) or (ix) below who (1)
(vi
-32
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
POSITION
Director I
enters into a separation agreement pursuant to the 2011 RIF Policy;
(2) terminates employment as a result of the 2011 RIF as described in
the 2011 Reorganization Plan approved by the Augusta, Georgia
Commission on March 30, 2011; (3) is at least 62 years of age and has
at least 15 years of Credited Service with Augusta, Georgia (including
any Credited Service awarded pursuant to subsection 14(mm)(v) or
(vi) above) as of his or her presumed date of Termination under the
Retirement Plan as identified in subsection 14(mm)(i) or (iii) above (as
applicable); (4) submits a completed retirement application form to
GMEBS within 30 days after the Participant's presumed date of
Termination under the Retirement Plan as identified in subsection
14(mm)(i) or (iii) above (as applicable) reflecting as the effective
Retirement Date the first day of the month following the Participant's
presumed date of Termination under the Retirement Plan; and (5)
Retires under the Plan as of said effective Retirement Date, shall
receive a normal retirement benefit computed as provided under
Section 6.01 of the Master Plan without actuarial reduction for the
Participant's age. Said monthly benefit shall be based upon the
Participant's Total Credited Service and his Final Average Earnings
as of his presumed date of Termination under the Retirement Plan
(including any additional Credited Service and Earnings taken into
account for SES Participants under subsection 14(mm)(v) or (vi)
above).
(viii) Senior Executive Service (SES) Positions Affected by 2011 RIF Policy.
(ix)
POSITION
Laborer I
Laborer I
Light Equipment Operator I
Records Clerk II
Administrative Asst. 8HR
Aquatic Mgr Recreation Fac
Assistant Director
Assistant Director
Athletic Supervisor
Construction Clerk I*
Foreman Maintenance Shop Rec
Laborer I
Laborer I
Laborer I
Operations Manager
Operations Manager*
Operations Manager
DEPARTMENT
Facilities and Maintenance
Non -SES Positions Affected by 2011 RIF Policy.
33
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
DEPARTMENT
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Recreation
Facilities and Maintenance
Facilities and Maintenance
Recreation
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Facilities and Maintenance
Operations Manager Facilities and Maintenance
Rec Facilities Marketing Mgr Recreation
Recreation Foreman Recreation
Recreation Specialist I Recreation
Recreation Specialist I* Recreation
Superintendent II 8HR Facilities and Maintenance
Deputy Warden Richmond County Correction Institute
Land Acquisition Agent I* Utilities
WTP Supervisor I* Utilities
WTPO Supervisor Utilities
Operations Manager* Utilities
Operations Manager Utilities
Assistant Manager Operations Utilities
Assistant Manager Operations Utilities
Assistant Manager Operations* Utilities
Assistant Manager Operations Utilities
Superintendent II 8HR* Utilities
Assistant Director* Utilities
*Not a Participant in GMEBS Retirement Plan
(x)
Death Prior to Presumed Date of Termination; In Service Death
Benefit. Notwithstanding any provision in the Adoption Agreement
or this General Addendum to the contrary, in the event that a
Participant who is (1) involuntarily terminated from employment with
Augusta, Georgia pursuant to the 2011 RIF as described in the 2011
Reorganization Plan approved by the Augusta, Georgia Commission
on March 30, 2011; (2) enters into a separation agreement with
Augusta, Georgia pursuant to the 2011 RIF Policy; and (3) dies prior
to his or her presumed Termination Date under the Retirement Plan,
such Participant shall be treated under the terms of this Plan as
having died while in the Service of Augusta, Georgia and no
Retirement benefits shall be payable to or on behalf of the Participant
under the Plan. However, for purposes of determining the
Participant's eligibility for in service pre- retirement death benefits
under the Plan and the amount of any in service pre - retirement death
benefit payable, if any, the Participant will be deemed to have
remained in Service until his or her presumed Termination Date and
his/her Credited Service will be deemed to include the period between
the Participant's official date of separation and his or her presumed
Termination Date as set forth in subsection 14(mm)(i) or (iii), as
applicable, and any Credited Service awarded pursuant to subsection
14(mm)(v), but it will not include Credited Service for unused sick
leave referenced in subsection 14(mm)(vi)). In addition, for purposes
of computing any in service pre - retirement death benefit payable
under this subsection 14(mm)(x), the Participant's Earnings will be
deemed to include any severance pay presumed to be included in the
Participant's Earnings under subsection 14(mm)(i) or (iii), as
applicable. If a Participant described herein dies after his or her
presumed Termination Date but before his or her effective
34
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
Retirement Date, then no Retirement benefits shall be payable to or
on behalf of the Participant and the provisions of this subsection
14(mm)(x) will apply in determining the Participant's eligibility for
and the amount of any pre - retirement terminated vested death benefit
payable under the Plan.
(nn) Treatment of Severance Pav for Certain Senior Executive Service (SES)
Participants Who Terminate on or after April 1, 2011 and Who Execute a
Separation Agreement. The presumed date of Termination under the
GMEBS Retirement Plan for a GMEBS Retirement Plan Participant who
terminates employment with Augusta, Georgia on or after April 1, 2011
while holding a position which is listed as an SES position in the Augusta,
Georgia, Personnel Policy and Procedures Manual in effect as of the date of
the Participant's official date of separation of employment with Augusta,
who enters into a written separation and release of claims agreement with
Augusta, and who receives severance pay in accordance with the applicable
provisions of the Augusta, Georgia Personnel Policy and Procedures Manual
in effect as of the Participant's official date of separation of employment,
shall be the last day of the month in which the Participant has exhausted his
or her severance pay pursuant to said provisions. Notwithstanding the
provisions of Section 6 of this Addendum, for purposes of calculating Final
Average Earnings said Participant's Earnings under the GMEBS Retirement
Plan as of his or her presumed date of Termination shall include such
severance pay. In addition, the period of time between the Participant's
official date of separation from employment with Augusta and the
Participant's presumed date of Termination under the GMEBS Retirement
Plan shall be treated as Credited Service under this Plan for purposes of
computing the amount of any benefit payable under the Plan, and meeting
the requirements for benefit eligibility under the Plan.
(oo) Prior Service Credit for Certain ARCPC DC Plan Participants Who Are
Transferred from the ARCPC to Augusta Effective November 1, 2011. This
subsection applies to a Participant in this Plan who: 1) was transferred from
the Augusta Richmond County Planning Commission (ARCPC) to Augusta,
Georgia on November 1, 2011, 2) participated in the ARCPC's GMEBS DB
Plan prior to August 31, 2006, 3) elected in accordance with the applicable
terms of the ARCPC's GMEBS DB Plan to participate in the ARCPC's
401(a) Defined Contribution Plan in lieu of the ARCPC's GMEBS DB Plan
after August 31, 2006; and 4) pursuant to said election, authorized the
transfer of an amount equal to the present value of his or her defined benefit
retirement benefit accrued up until August 31, 2006 (referred to herein as
"present value amount") from the ARCPC's GMEBS DB Plan to his or her
account under the ARCPC's 401(a) Defined Contribution Plan. If a
Participant described in this subsection 14(oo) effects a direct rollover of an
amount equal to the present value amount referred to above (without interest
or earnings accumulated thereon) from his or her account under the
ARCPC's 401(a) Defined Contribution Plan to the Trust Fund for this Plan
prior to March 31, 2012 (or, if sooner, prior to his or her termination of
employment with Augusta), then said Participant's "Service" with the
-35
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
(pp)
(qq)
ARCPC prior to August 31, 2006 as defined under the terms of the ARCPC's
GMEBS DB Plan in effect as of August 31, 2006, shall be counted as Credited
Service under this Plan for all purposes (i.e., vesting, benefit eligibility and
computation of any benefits and notwithstanding the limitation in Section 14
of the Adoption Agreement providing that only Credited Service with
Augusta counts toward retirement benefit eligibility). If a Participant
described in this subsection 14(00) does not effect a direct rollover as
provided herein, no period of the Participant's service with the ARCPC shall
be counted for any purpose under this Plan, except as provided in this Plan's
Service Credit Purchase Addendum. With respect to Participants described
in this subsection 14(oo), periods of employment with the ARCPC following
August 31, 2006 shall not be counted for any purpose under this Plan, except
as provided in this Plan's Service Credit Purchase Addendum. Periods of
service with the ARCPC that are otherwise creditable under any Augusta,
Georgia retirement plan (e.g.,, Augusta GMEBS Plan II) shall not be counted
for any purpose under this Plan.
Earnings for ARCPC DC Plan Participants Who Are Transferred from the
ARCPC to Augusta Effective November 1, 2011. This subsection applies to a
Participant in this Plan who: 1) was transferred from the Augusta Richmond
County Planning Commission (ARCPC) to Augusta, Georgia on November
1, 2011 and 2) became Participants in the Augusta GMEBS I Plan (this Plan)
on such date. Such Participants shall receive credit for Earnings with
Augusta, Georgia, as Adopting Employer of Augusta GMEBS Plan I (this
Plan), on and after November 1, 2011 for purposes of computing the amount
of benefits payable under this Plan. Such Earnings shall be subject, however,
to any provisions of this Plan that would otherwise limit such Earnings. In
addition, if upon termination from employment with Augusta, Georgia, a
Participant under this Plan has less than five (5) years of Earnings with
Augusta, a Participant's Earnings with the ARCPC prior to November 1,
2011 will be taken into account and treated as Earnings with Augusta as
necessary for purposes of calculating 5 -year Final Average Earnings under
this Plan, notwithstanding any provision to the contrary in the Adoption
Agreement.
Customized Plan. Although the Plan is comprised of an Adoption
Agreement, Addenda, Master Plan, and Trust Agreement based on the
GMEBS Master Defined Benefit Retirement Plan, which is a pre - approved
volume submitter program, the Plan is customized and cannot rely on the
advisory letter issued by the Internal Revenue Service for the GMEBS
program. In addition to the customized provisions of the Plan described in
the Adoption Agreement and Addenda, the provisions in Section 18.03 of the
Master Plan shall not apply to the Plan.
(rr) Actions by Augusta- Richmond County to Facilitate 2008 Transfer. Augusta
will make every reasonable effort to assure that its staff, contract
professionals, and vendors cooperate with GMEBS to facilitate the transfer
of assets and plan administration from the 1977 DB Plan and the 1998 DC
Plan to GMEBS as of January 1, 2008. Augusta will provide GMEBS with
36
Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)
records and information reasonably requested or necessary to facilitate the
timely transfer of Plan administration and assets, including but not limited to
the following information and records on active employees, terminated
employees and beneficiaries: name, address, social security number, birth
date, years and months of credited service as of January 1, 2008, accrued
monthly normal retirement benefits, employee account balances (including
earnings), beneficiary designation forms, retirement or death benefit
applications, direct deposit forms, participant tax withholding forms, and
1099 tax reporting information for 2007. In particular with respect to
terminated vested participants under the 1977 Plan (as of January 1, 2008),
Augusta will provide a listing indicating the amount of each such terminated
participant's accrued normal retirement benefit under the 1977 Plan, and
their normal retirement eligibility date. Benefits will be paid to said
terminated participants based upon said information (unless the participant
returns to Service with Augusta after January 1, 2008). Augusta will also
provide GMEBS with the information and documents included in the
retirement plan conversion timeline by January 1, 2008, and it will complete
any IRS filings that GMEBS reasonably requests in order to protect the
401(a)- qualified status of the GMEBS volume submitter plan or to confirm
the 401(a)- qualified status of the new Augusta Adoption Agreement or
Addendum.
-37
Augusta GMEBS Plan I General Addendum (Adopted March 6, 2012)
The terms of the foregoing Addendum to the Adoption A reement are
ap ' r 1 ved by the Augusta, Georgia Commission Council this , :rent
of
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Approved:
�� # 1 1:444171
Attorney
AUGUSTA, GEORGIA
The terms of the foregoing Addendum are approved by the Board of
Trustees of the Georgia Municipal Employees Benefit System.
IN WITNESS WHEREOF, the Board of Trustees of the Georgia
Municipal Employees Benefit System has caused its Seal and tlie of
its 1 duly authorized officers to be affixed this I 1 day of
, 20
(SEAL)
Board of Trustees
Georgia Municipal Employees
nett System
Secretary
38
Augusta GMEBS Plan 1 General Addendum (Adopted March 6, 2012)