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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. -2 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 "). 3 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 -4 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 -5 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.) -6 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 -7 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 8 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. -9 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 - 10 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, -11— 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 r A • -- !l ark• % ' � �._. - ,�, . t► � _ r 7 o S1' r • , 4 „ • ••• 1996 Q • • • V , y •••••••.•C .r (S EOxo,s \aesd *�”' 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)