HomeMy WebLinkAboutGENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT (2) GENERAL 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 only - see Section 9 of Adoption
Agreement) (check and complete as applicable):
0 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),
15(a) and 15(oo) 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 15(a) and 15(00)of this Addendum.
*** Item (2) of pre-approved Addendum—Not Applicable ***
(3) Special Waiting Period Requirements - (see Section 11 of Adoption
Agreement regarding Waiting Period) (check as applicable):
® (a) Waiting Period. Eligible Employees shall be required to complete 30
days (specify time period) of continuous, uninterrupted Service with
the Adopting Employer before they qualify for participation in the
Plan. The determination as to whether the waiting period has been
satisfied shall be made in accordance with provisions of the Master
Augusta GMEBS Plan I(Amended Effective January 1,2017) �
Plan. This waiting period provision shall apply to (check as
applicable):
❑ All Regular Employees.
❑ All Municipal Legal Officers.
❑ All Members of the Governing Authority.
® The following class(es) (must specify): Effective January, 1, 2008
through December 31, 2014,there was a thirty(30) day waiting period
for participation under this Plan. Eligible Employees initially
employed or reemployed during this time period commenced
participation in the Plan as of the first day of the month coinciding
with or following the date they satisfied the 30-day waiting period,
except as otherwise provided in the Adoption Agreement and this
Addendum with respect to Eligible Employees for whom participation
was optional and who elected in accordance with the terms of the
Adoption Agreement not to participate in this Plan, and 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. Employee contributions to the Plan commenced
as of the first full payroll period that began on or after the date that
the Employee's participation in the Plan began. The thirty (30) day
waiting period became inapplicable to the Plan on January 1, 2015 in
accordance with Section 4.02(b) of the Master Plan, such that all
Eligible Employees who had not satisfied the 30-day waiting period as
of January 1, 2015 became Participants in the plan as of such date,
and all Eligible Employees initially employed or reemployed on or
after January 1, 2015 commenced participation in the Plan on their
employment dates.
The normal no waiting period will apply to all Eligible Employees not
designated in this Section unless otherwise provided in this Section.
[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 any
Employee contributions and Final Average Earnings, Earnings as
defined in Section 2.26 of the Master Plan shall be modified as follows
(check all that apply):
❑ (a) excluding overtime pay.
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Augusta GMEBS Plan 1(Amended Effective January 1,2017)
❑ (b) excluding bonuses.
® (c) excluding reimbursed expenses and lump sum vacation pay
(specify type of excluded earnings).
❑ (d) including perquisites or allowances for use of a car or house
rent.
❑ (e) including severance payments; provided that the following
limitations shall apply(must specify):
❑ (f) including (specify type of included
earnings).
This definition of Earnings applies to (check one):
® All Participants. (But see General Addendum subsection 15(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).
O Only the following Participants (must specify):
NOTE: The Employer is responsible for providing any and all documentation to
the Administrator relating to payments that are included in the definition of
Earnings pursuant to this Section, including but not limited to the amount(s) paid
and the date of such payment(s).
[Repeat above subsection as necessary for each applicable definition and Participant
class covered under the Plan.]
*** Items (7) through (14) of pre-approved Addendum—Not Applicable ***
(15) Other (may include, but shall not be limited to, provisions relating to
Master Plan Sections 6.03, 6.06, 8.04, 8.06, 8.08, 8.09, 8.10, 8.12, 9.01
and 9.02):
(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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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) law enforcement personnel who are Full-
Time Employees, are certified under the Georgia Peace Officer Standards
and Training Act, and whose most recent employment with Augusta was
with a Public Safety Department; and (b) fire safety personnel who are Full-
Time Employees, are certified under the Georgia Fire Fighter Standards and
Training Act, and whose most recent employment with Augusta was with a
Public Safety Department. The term "Public Safety Department" shall
include the Augusta, Georgia Fire Department, the Augusta, Georgia 911
Department, the Richmond County Sheriffs Office, the Richmond County
Marshall's Office, and the Richmond County Correctional Institution. 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 pertaining to Eligibility Conditions.
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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 boundby the terms of the
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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
Authority who take office or return to office after October 1, 2007 (subject to
any applicable election requirements or other limitations on participation by
members of the Governing Authority or other special classes referred to in
subsection 15(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.
(b) Participation Optional For Eligible Employees Initially Employed Prior to
October 1, 2017 Who Were in Certain Classes; 30-Day Election Period;
Mandatory Participation for All Eligible Employees Initially Employed or
Taking Office on or after October 1,2017.
(i) Eligible Employees Initially Employed or Initially Taking Office on or
after October 1, 2017. Notwithstanding the provisions of paragraph
15(b)(ii) below, effective on or after October 1, 2017, all Eligible
Employees initially employed or initially taking office as an elected or
appointed member of the Governing Authority on or after such date
shall become Participants in this Plan upon employment. Such
Eligible Employees for whom participation is mandatory include but
are not limited to Eligible Employees in classes identified in
paragraph 15(b)(ii) below for whom participation in this Plan would
have been optional had they been initially employed prior to October
1, 2017. See subsection 15(gg) regarding effect of reemployment or
return to office by a Participation who made an election pursuant to
paragraph 15(b)(ii) below.
(ii) Eligible Employees Initially Employed or Initially Taking Office prior
to October 1,2017. Prior to October 1,2017, 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 Addendum subsection
15(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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 (but prior to
October 1, 2017). 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 15(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 (but prior to
October 1, 2017). 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 15(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 (but prior to October 1, 2017).
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 15(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 (but prior to October 1, 2017).
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 15(gg)
concerning the effect of later return to service.)
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
Z 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
15(a)above for a description of Class 8).
Note: See also subsection 15(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 Elected 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 L65% 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 15(q) below
(concerning reemployment).
(e) Effect of New GMEBS DB Plan Election by 1998 DC Plan Participants (Class
:71. If pursuant to the administrative procedures specified in Sections 7.11-
7.15 of the Addendum to the Adoption Agreement that became effective
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
January 1, 2008 (Ordinance No. 7017) an Employee participant under the
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/she 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/she 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
15(ee) below (concerning employee withdrawal of contributions); (4) he/she
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/she 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
15(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 15(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%
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 December 31,2007 plus
any employer contributions transferred from the 1998 DC Plan, plus interest
on such amounts, computed in accordance with subsection 15(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 15(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 15(e) above or subsection 15(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 15(g) or under
subsection 15(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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
on his prior old GMEBS Plan or 1977 Plan service, except as otherwise
provided below with respect to reemployment.
(h) 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 15(s) below
(concerning reemployment)). Except as otherwise provided in subsection
15(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 15(aa)(v)), and termination of disability retirement
benefits.
(i) 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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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
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.
(j) 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/she
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/she 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 15(aa) (concerning certain 1977 Plan provisions that remain in
effect for Class 6 Employees) and subsection 15(t) (concerning
reemployment); (4) his/her credited service under the 1977 Plan as
- 12 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 6 Employees; (5) his/her 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/she had previously participated under the old
GMEBS Plan prior to January 1, 2008, then his/her 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/she ceased participating in said plan as an active
employee, and his/her final average earnings as of said date, except as
otherwise provided below with respect to reemployment.
(k) 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) 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; 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) or
Class 4 Employees (non-public safety employees formerly known as s "Class
2" Participants under old GMEBS Plan who did not elect the new GMEBS
Plan), as applicable. 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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
(as applicable, depending on the person's classification under the old
GMEBS Plan), except as otherwise provided in subsection 15(u) below
(concerning reemployment).
(1) 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
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/she 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/her 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/her 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.
(m) 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/she 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 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/she had previously participated under the 1977 Plan prior to January 1,
2008, then his/her eligibility for early or normal retirement benefits and the
amount of any retirement benefit payable with respect to his/her period of
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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/she ceased participating in
said plan as an active employee, and his/her 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
applicable terms of Ordinance No. 7017 but 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 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.
(o) Employees 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 leave 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) Eligible Regular Employees Initially Employed 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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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.
(q) 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
opportunity to make an election under subsection 15(d) (active employee
election) or subsection 15(o) (election by employees on leave of absence).
Except as otherwise provided in subsection 15(gg)(iii), if a former 1998 DC
Plan Participant is reemployed as an Eligible Regular Employee after
October 1,2007,he/she 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 15(d) (active
employees) or subsection 15(o) (election by employees on leave of absence)
above and is later terminated and became reemployed by Augusta as an
Eligible Employee, he/she will be governed by the terms of the new GMEBS
Plan applicable to Class 9 Employees, notwithstanding his/her 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 15(h) (active employee election) or
subsection 15(o) (election by employees on leave of absence). Except as
otherwise provided in subsection 15(gg)(iii), if a former 1977 DB Plan
Participant is reemployed as an Eligible Regular Employee after October 1,
2007, he/she 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
- 16-
Augusta GMEBS Plan I(Amended Effective January 1,2017)
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,
unless the Employee later withdraws his employee contributions (see
subsection 15(ee) below).
(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 15(h) (active employees) or subsection 15(o) (leave of absence)
above and is later terminated and reemployed by Augusta as an Eligible
Regular Employee, he/she will be governed by the terms of the new GMEBS
Plan applicable to Class 9 Employees, notwithstanding his/her prior election.
This rule will also apply to a DC Plan participant or GMEBS Plan
participant who made an old plan election (see subsection 15(g) and
subsection 15(m)) if he/she 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 15(k) (active employee election) or
subsection 15(o) (election by employees on leave of absence). Except as
otherwise provided in subsection 15(gg)(iii), if a former GMEBS Plan
Participant is reemployed as an Eligible Regular Employee after October 1,
2007, he/she 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 15(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 Elected Old GMEBS Plan. If a
GMEBS Plan Participant elected the old GMEBS Plan in accordance with
- 17-
Augusta GMEBS Plan I(Amended Effective January 1,2017)
subsection 15(k) (active employee election) or subsection 15(o) (election by
employees on leave of absence) above and is later terminated and reemployed
by Augusta as an Eligible Regular Employee, he/she will be governed by the
terms of the new GMEBS Plan applicable to Class 9 Employees,
notwithstanding his/her prior election. This rule will also apply to a DC Plan
participant or 1977 Plan participant who made an old plan election (see
subsection 15(g) and subsection 15(j)) if he/she 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) 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
became participants in the 1977 Plan prior to January 1, 2008) is reemployed
by Augusta as an Eligible Regular Employee after October 1, 2007, he/she
will be governed by the terms of the new GMEBS Plan applicable to Class 9
Employees. His/her service with Augusta prior to such 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.
(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) Class 8 Employees; No Credit for Service Prior to January 1, 2008. With
respect to Class 8 Employees as described in subsection 15(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 15(z) or
subsection 15(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 2.23(a)
definition solely because he/she 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
- 18 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 intentionally self-
inflicted,incurred in the commission of a felonious enterprise, or the result of
the abuse or illegal use of narcotics or drugs. 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 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.
(i) 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.
(ii) 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 2.23 (based on
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 2.23(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 2.23(b).
Payment of the Disability Retirement benefit to Class 6
Participants shall be governed by the following provisions of
this subsection 15(aa)(iii), notwithstanding any other provision
of the GMEBS Master Plan to the contrary.
(B) Class 6 Non-Admissible Causes of Disability. Notwithstanding
anything in this subsection 15(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 illegal 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
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) 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 15(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
- 20 -
Augusta GMEBS Plan I(Amended Effective January I,2017)
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.
(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
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
15(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 15(aa)(iii)(H)-(J) below.
(H) Class 6 Retirement Date,Proof of Non-Employment Connected
Disability. The Disability Retirement Date of a Participant
-21 -
Augusta GMEBS Plan 1(Amended Effective January 1,2017)
shall be the date defined in subsection 15(aa)(iii)(E) above.
Proof of Disability shall be the same as that required in
subsection 15(aa)(iii)(A)-(C) above.
(I) 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
the amount to which the Participant is eligible under worker's
compensation.
(J) Class 6 Payment of Non-Employment Connected Disability
Benefit; Termination of Benefits. The provisions of subsection
15(aa)(iii)(E) and subsection 15(aa)(iii)(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 In-Service Death Benefits; .
(A) Class 6 Duty-Connected Death prior to, on or after October 1,
2017; Non-Duty-Connected Death on or after October 1, 2017;
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 either 1) with respect to
participants who terminate by reason of death prior to, on or
after October 1, 2017,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, or 2) with respect to Participants who
terminate on or after October 1, 2017, such death was not the
result of the Participant actively performing the prescribed
duties of his or her job, as determined by the Pension
Committee, but the Participant had satisfied the Vesting
requirements applicable to Class 6 Participants, the surviving
Spouse as defined in GMEBS Master Plan Section 2.62 (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
- 22 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
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
2.12, 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 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 no Pre-Retirement
Beneficiary,to the Participant's estate.
(B) Class 6 Non-Duty Connected Death prior to October 1,
2017 (Return of Contributions Only). If the employment of a
Class 6 Participant is terminated prior to October 1,2017, 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 2.62) 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.
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
(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 on 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
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 15
(aa)(i)).
(ee) Effect of Withdrawal of Employee Contributions. If a Participant terminates
Service with Augusta after January 1, 2008 and withdraws or receives a
refund of 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 him or herself, his or her heirs and assigns all of his or her
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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
in the event of reemployment. A partial withdrawal or refund of employee
contributions is not permitted. A Participant may not withdraw employee
contributions as long as he or she remains in Service and may not borrow
against his or her employee contributions at any time. Notwithstanding any
provision of the Master Plan to the contrary, if a Participant withdraws
employee contributions after January 1, 2008, and 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 or her reemployment date (or
prior to his or her termination date following reemployment,if earlier), he or
she 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) Reliance on Information from Prior Plan Administrator and from Employer
Concerning Participation in this Plan, or Concerning Participation in Other
Retirement Plans of Augusta, Georgia, Richmond County, Georgia, or Both
prior to January 1, 2008; Administration of Benefits to Terminated Vested
Participants Who Terminated Prior to January 1, 2008; Insufficient
Information Relating to Calculation of Benefits under Prior Plan.
(i) Consistent with Sections 20.12 and 20.13 of the Master Plan and
subsection (rr) of this Addendum, GMEBS is entitled to rely on, and
shall not be liable for relying on, Participant information (e.g., equity
balance, Credited Service, Earnings and benefit estimates) provided
to GMEBS by the Employer or by the administrator of any applicable
prior retirement plan(s) sponsored by Augusta, Georgia, Richmond
County Georgia, or both; provided, however, that if the Employer
notifies GMEBS in writing that any information concerning an
individual Participant is incorrect or insufficient and provides
corrected information in writing along with specific authorization to
rely on the corrected information, GMEBS shall be entitled to rely on,
and shall not be liable for relying on, such information. In the event
information relied on by GMEBS pursuant to this paragraph is
incorrect or insufficient and use of such information results in an
underpayment, overpayment or other error, the Employer, and not
GMEBS, shall be responsible for correcting said error, including but
not limited to making corrective payments to the retirement trust
fund and paying any applicable damages and attorneys' fees in the
event of litigation.
(ii) Recognizing that documentation by previous plan administrators of
the accrued benefits of Participants who terminated prior to January
1, 2008, may not provide adequate information relating to the
computation of Retirement or death benefits under the Plan (e.g.,
Early Retirement factors or factors necessary to determine monthly
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
Retirement benefits if a Participant elects a joint and survivor benefit)
to accurately determine the amount of a Participant's monthly
Disability or Retirement benefit (or death benefits payable on behalf
of such Participant), the following provisions shall govern the
administration of Disability,Retirement or death benefits with respect
to a Participant who Terminated employment with the Employer
prior to January 1, 2008,and who applies for Disability or Retirement
benefits (or on whose behalf death benefits become payable) on or
after such date.
(A) Where sufficient information necessary to compute such a
Participant's benefits (or benefits payable on behalf of such a
Participant) is available, including applicable prior plan
documents, GMEBS will compute the Participant's Disability
or Retirement benefits (or death benefits payable on behalf of
the Participant) in accordance with such plan documents and
supporting information.
(B) Where sufficient information necessary to compute such a
Participant's benefits (or benefits payable on behalf of such a
Participant) is not available; if the accrued benefits of such a
Participant were calculated by the plan administrator in place
at the time of the Participant's termination, and GMEBS has
written documentation of such calculation, GMEBS will
administer Disability or Retirement benefits to that Participant
(or death benefits payable on behalf of such participant) in
accordance with the greater of:
(1) The prior administrator's calculation of the
Participant's benefits, applying the GMEBS retirement
factors and the standard early retirement factors in
effect for said Participant's class at the time of the
Participant's Disability, Retirement or death to
determine the monthly benefit amount payable to the
Participant and/or his or her Beneficiary; or
(2) GMEBS's calculation of the Participant's Disability,
Retirement or death benefits, using the terms of the
GMEBS Plan in effect for said Participant's class at the
time of the Participant's Disability, Retirement or
death, including the benefit formula, the definition of
Final Average Earnings and any applicable factors.
(C) Where sufficient information necessary to compute such a
Participant's benefits (or benefits payable on behalf of such a
Participant) is not available and GMEBS does not have
documentation of a prior administrator's calculation of the
accrued benefits of such a Participant, GMEBS will apply the
applicable terms of the GMEBS Plan in effect for said
Participant's class at the time of the Participant's application
for Disability or Retirement benefits (or at the time of the
Participant's death, if applicable), including the benefit
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Augusta GMEBS Plan 1(Amended Effective January 1,2017)
formula, the definition of Final Average Earnings and any
applicable factors, to calculate the Participant's Disability,
Retirement or death benefits.
(D) This subsection (ff) shall be applied in a manner consistent
with, and not in lieu of, Sections 20.12 and 20.13 of the Master
Plan, as well as subsection (rr) and other applicable provisions
of this Addendum, and shall apply with respect to all
Participants, including but not limited to Participants actively
employed on or after January 1, 2017, Participants who
Terminated employment prior to such date (including
Participants who Terminated employment prior to January 1,
2008,) and Participants who Retired (including Participants
receiving Disability Retirement benefits) or on whose behalf
death benefits became payable prior to or on such date.
(gg) Treatment of Classes for Whom Participation is Optional.
(i) Initially Employed After October 1, 2007 but before October 1, 2017.
This provision applies only with respect to the classes for whom
participation in this Plan is optional (see subsection 15(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 Director, Assistant Department Director,
or Law Department General Counsel or Law Department staff
attorney after October 1, 2007, but prior to October 1, 2017, he/she
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
15(b) above. If he/she fails or refuses to make an election within the
30-day time limit, 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/she 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 15(p) (concerning commencement of
employee contributions and credit for service prior to January 1,
2008)will apply. If he/she 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/she terminates or leaves office and later
returns to Service with Augusta as an Eligible Employee, he/she 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/she
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
elected to participate in the DC Plan (rather than this Plan), then in
the event he/she terminates or leaves office and later returns to
Service with Augusta as an Eligible Employee, he/she will not be able
to make a plan election upon his/her reemployment and he/she will be
required to participate in this Plan, notwithstanding his/her prior
election to participate in the DC Plan. In such case, he/she 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
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 15(r), subsection 15(t), or subsection 15(v), as
applicable).
(iii) Reemployed After October 1, 2007; No Previous 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,
but before October 1, 2017, 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/she must make an irrevocable election within the 30-day
election period referred to in subsection 15(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
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Augusta GMEBS Plan 1(Amended Effective January 1,2017)
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 Class 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 15(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 15(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 or she later returns to Service with Augusta as an Eligible
Employee, he or she will not be able to make a plan election upon
reemployment and will be required to participate under the terms of
the new GMEBS Plan applicable to Class 9 Employees,
notwithstanding any prior election. Said Participant 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 Credit Purchase Addendum
and the provisions of subsection 15(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.
(hh) 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. 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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 Change 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
consecutive twelve (12) month
Earnings during the Plan
Year or such other
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
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). Notwithstanding the foregoing, for
purposes of applying the IRC 401(a)(17) limit on Earnings and for all other
purposes, effective with respect to Participants who commence retirement
benefits on or after October 1, 2015, Final Average Earnings shall be
calculated as determined in the Master Plan and Adoption Agreement (i.e.,
using an average of monthly Earnings). With respect to Participants who
commence retirement benefits on or after September 1, 2015,IRC 401(a)(17)
monthly, rather than annual, limits shall be applied to the calculation
retirement benefits.
(kk) 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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
their beneficiaries; and further provided, that no amendment shall have the
effect of re-vesting 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 Vesting 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 SES position listed in subsection 15(11)(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, Participants who hold a SES
position as identified in the Augusta, Georgia Personnel Policy and
Procedures Manual 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) notwithstanding the
list in Section 15(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 15(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 SES position listed in subsection
15(II)(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 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 15(II)(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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 15(11). If an individual is not a Participant in this Plan upon
termination of employment,this subsection shall not apply.
(iii) Senior Executive Service(SES)Positions.
POSITION DEPARTMENT
Director Information Technology
Director Board of Elections
Director Recreation-Administration
Director Human Relations
Director Daniel Field
Director Animal Control
Director Water& Sewer Administration
Director Fac Maintenance-General Government
Chief Appraiser Tax Assessor
Director Transit Operations
Director Public Works - Solid Waste
Director Public Works-Highways and Streets
Warden Richmond County Correctional Institution
Director Human Resources
Director Procurement
Director Building Inspections
Director Emergency Telephone Response
Director Community Development
Fire Chief Fire Department
Director Emergency Management Agency
Director Airport-Bush Field
Deputy Administrator Administrator
Administrator Administrator
General Counsel Law Department
Disadvantaged Business Ent Coordinator Disadvantaged Business Enterprise
Equal Employment Opp Coordinator Equal Employment Opportunity
Clerk of Commission Clerk of Commission
Finance Director 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
- 32 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 SES Participants Who
Execute a Separation Agreement. Solely for purposes of determining
benefits payable under the GMEBS Retirement Plan as provided in
this subsection 15(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
15(mm)(viii) below (referred to in this subsection 15(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 Participant has satisfied
the applicable minimum service requirements for benefit eligibility
under the Plan. (See subsections 15(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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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.
(iii) 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 15(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 15(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 Plan 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 15(mm)(vi) and (vii) below for
description of additional Retirement Plan benefits available to Non-
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
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 15(mm)(v) are satisfied, a Participant in the GMEBS
Retirement Plan (this Plan) who holds an SES position listed in
subsection 15(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
15(mm)(i) above for the period between the Participant's official date
of separation and the Participant's presumed date of Termination
under subsection 15(mm)(i), and any Credited Service granted for
unused sick leave under subsection 15(mm)(vi) below). The
additional five (5) years of Credited Service provided for in this
subsection 15(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 15(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
Resources Director must provide GMEBS with written certification of
the Participant's eligibility for additional Credited Service under this
subsection 15(mm)(v). If an individual is not a Participant in this
Plan upon termination of employment,this subsection shall not apply.
(vi) 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 15(mm)(viii) or (ix)
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Augusta GMEBS Plan I(Amended Effective January 1,2017)
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 15(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
15(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 15(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
15(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 15(mm)(viii) or (ix) below who (1)
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 15(mm)(v) or
(vi) above) as of his or her presumed date of Termination under the
Retirement Plan as identified in subsection 15(mm)(i) or(iii) above (as
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Augusta GMEBS Plan 1(Amended Effective January 1,2017)
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
156(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 15(mm)(v) or (vi)
above).
(viii) Senior Executive Service(SES)Positions Affected by 2011 RIF Policy.
POSITION DEPARTMENT
Director I Facilities and Maintenance
(ix) Non-SES Positions Affected by 2011 RIF Policy.
POSITION DEPARTMENT
Laborer I Facilities and Maintenance
Laborer I Facilities and Maintenance
Light Equipment Operator I Facilities and Maintenance
Records Clerk II Facilities and Maintenance
Administrative Asst. 8HR Facilities and Maintenance
Aquatic Mgr Recreation Fac Recreation
Assistant Director Facilities and Maintenance
Assistant Director Facilities and Maintenance
Athletic Supervisor Recreation
Construction Clerk I* Facilities and Maintenance
Foreman Maintenance Shop Rec Facilities and Maintenance
Laborer I Facilities and Maintenance
Laborer I Facilities and Maintenance
Laborer I Facilities and Maintenance
Operations Manager Facilities and Maintenance
Operations Manager* Facilities and Maintenance
Operations Manager 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 81IR Facilities and Maintenance
Deputy Warden Richmond County Correction Institute
- 37 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
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
- 38 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
(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 15(mm)(i) or (iii), as
applicable, and any Credited Service awarded pursuant to subsection
15(mm)(v), but it will not include Credited Service for unused sick
leave referenced in subsection 15(mm)(vi)). In addition, for purposes
of computing any in service pre-retirement death benefit payable
under this subsection 15(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 15(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
Retirement Date, then no Retirement benefits shall be payable to or
on behalf of the Participant and the provisions of this subsection
15(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
- 39-
Augusta GMEBS Plan I(Amended Effective January 1,2017)
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
iz d the
pursuant to said election, e
after August 31, 2006; and 4) author
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 15(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
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 15(oo) 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 15(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.
-40 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
(pp) 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.
(qq) 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
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
-41 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
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.
(ss) Implementation of Employment Agreement Granting Additional Service
Credit.
(i) 10 Years of Additional Service Credit for Former Chief Appraiser
Calvin Hicks. Pursuant to an employment Agreement dated
September 8, 2006 between the Richmond County Board of Assessors
and Calvin C. Hicks, Jr., Mr. Hicks will be treated as having ten (10)
years of Credited Service as of his date of hire (in addition to actual
Credited Service accrued during his period of employment). Said
additional Credited Service will count for the purposes of satisfying
minimum requirements for benefit eligibility and minimum
requirements for vesting under the Plan, and for the purpose of
computing any retirement, disability or death benefits payable under
the Plan.Mr. Hicks will not be deemed to have accrued any additional
Earnings under the Plan in connection with the ten (10) years of
additional Credited Service provided pursuant to this paragraph
(ss)(i).
(ii) 5 Years of Additional Service Credit for Chief Appraiser Alveno Ross.
Pursuant to an employment Agreement dated July 26, 2010,between
the Richmond County Board of Assessors and Mr. Alveno Ross, Mr.
Ross will be treated as having five (5) years of Credited Service as of
his date of hire (in addition to actual Credited Service accrued during
his period of employment). Said additional Credited Service will count
for the purposes of satisfying minimum requirements for benefit
eligibility under the Plan and computing any retirement, disability or
death benefits payable under the Plan. Mr. Ross will not be deemed to
have accrued any additional Earnings under the Plan in connection
with the five (5) years of additional Credited Service provided
pursuant to this paragraph (ss)(ii).
(tt) Implementation of Settlement Agreement with General Release; Waiver and
Covenant Not to Sue. Pursuant to the Settlement Agreement with General
Release entered into between Augusta, Georgia and Ms. Linda Goodman,
Ms. Goodman is entitled to a monthly survivor benefit under the Plan in an
amount equal to seventy-five percent (75%) of the monthly Retirement
benefit to which her husband, Mr. Irwin W. Goodman, was entitled in his
lifetime in accordance with the Plan.
(uu) Applicable Forms; Pre-Retirement Beneficiary Forms Submitted to Prior
Administrator. Forms submitted to Augusta, Georgia, Richmond County,
- 42 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
Georgia, or a prior administrator of a retirement plan sponsored by
Augusta, Georgia or Richmond County, Georgia, prior to January 1, 2008,
designating a Participant's pre-retirement beneficiary for retirement plan
purposes constitute Applicable Forms under this Plan for the purpose of
determining the Participant's Primary and Secondary Pre-Retirement
Beneficiaries, provided that such designations are not superseded by a
subsequent Applicable Form designating the Participant's Primary and
Secondary Pre-Retirement Beneficiaries under the Plan.
The terms of the foregoing Addendum to the Adoption Agreement are
approved by the Augusta, Georgia Commission Council this '3 rcA day of
O b r''. 24-I1_ , --...
Atte t: 4.1,0''''' '''''' AUGUSTA, GEORGIA
., ,,(-:/"- >
4.
Mayor
G. / ..„4 - --.4,-;,_',,4 : $ ; /---t - 411Ib
����
(S Te. , "t
v NI t
Appro °EMIGtt.1 1
clib,
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 t signatures of
1 . duly authorized officers to be affixed this 1 ti — day of
' '1 almo' , 201'1 .
Board of Trustees
Georgia Municipal Employees
Benefit System
(SEAL)
4.,,,,,---1 /-144—A.,,---,-,
Secretary
-43 -
Augusta GMEBS Plan I(Amended Effective January 1,2017)
L- --