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HomeMy WebLinkAbout06969ORDINANCE NO. 6969 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE II OF THE PUEBLO MUNICIPAL CODE RELATING TO POLICE PENSIONS AND TO TAX QUALIFICATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (Brackets indicate matter being deleted; underscoring indicates new matter being added). SECTION 1 Subsection (9) of Section 2 -3 -2 of Chapter 3 of Title II of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 2-3 -2. Definitions. (9) Compensation means the salary paid by the City to a member for service rendered by him or her to the City as a policeman, including contributions picked up and paid by the City under Subsection 2- 3- 25(b)(2). [Effective January 1, 1989, the amount of a member's compensation for purposes of the plan during any plan year shall not exceed two hundred thousand dollars ($200,000.00), subject to cost -of- living adjustments in accordance with Code Section 415(d) of the Intemal Revenue Code.] The compensation of each member taken into account for determining all contributions under the plan for any year shall not exce any applicable limit imposed by the Intemal Revenue Code ( "Code "), including bu not limited to those set forth in Code Section 401(a)(17) to the extent such limit a to the plan or a particular member. SECTION 2 Section 2 -3 -39 of Chapter 3 of Title II of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 2 -3-39. Benefits and distributions limitations. (a) Effective January 1, 1987, in any event, notwithstanding any provision of this plan to the contrary, pursuant to Section 401(a)(9) of the Internal Revenue Code, payment of benefit to any member shall commence not later than the later date of April 1 of the calendar year following the calendar year in which the member attains age seventy and one -half (70'/), or terminates employment. Benefit payments will be determined and made in accordance with Intemal Revenue Code Section 401(a)(9) and the regulations thereunder, in the minimum distribution incidental death benefit requirement. [Further, payments to a ny beneficiary shall be subject to the limitations of Section 401(a)(9) of the Intemal Revenue Code. (b) Effective January 1, 1987, notwithstanding any other provision contained herein to the contrary, the benefits payable to a member from this plan provided by City contributions (including contributions picked up by the City), shall be subject to the limitations of Section 415 of the Intemal Revenue Code in accordance with Paragraphs (1) and (2) below: (1) Defined benefit plan only. Any annual pension payable to a member hereunder shall not exceed the lesser of: a. Ninety thousand dollars ($90,000.00), adjusted for increases in the cost of living, as prescribed by the Secretary of the Treasury or his or her delegate, effective January 1 of each calendar year and applicable to the limitation year ending with or within such calendar year, or, if greater, the amount of straight life, or qualified joint and survivor, annuity accrued by the member as of December 31, 1982. b. One hundred percent (100 %) of the member's average earnings for the three (3) consecutive calendar years, while a member in the plan, in which his or her earnings were the highest. For purposes of this Subsection, earnings for any calendar year shall be the member's earned income, wages, salaries and fees for professional services, and other amounts received for personal services actually rendered in the course of employment with the City (including, but not limited to, commissions paid salesmen, compensation for services on the basis of percentage of profits, commissions on insurance premiums, tips and bonuses), provided that such amounts are actually paid or includable in gross income during such year. Earnings shall exclude the following: 1. City contributions to a plan of deferred compensation which are not included in the member's gross income for the taxable year in which contributed or City contributions under a simplified employee pension plan to the extent such contributions are deductible by the member, or any distributions from a plan of deferred compensation; and 2. Other amounts which received special tax benefits, or contributions made by the City (whether or not under a salary reduction agreement) towards the purchase of an annuity described in Section 403(b) of the Internal Revenue Code (whether or not the amounts are actually excludable from the gross income of the member). C. Except as provided in Subparagraph a below, the foregoing limitations shall not be applicable with respect to any member whose annual pension under this plan is less than ten thousand dollars ($10,000.00) if such member has not at any time participated in any defined contribution plan maintained by the City. d. In the event that a member has been credited with less than two (2) years of credited service, the maximum annual pension allowable under this Section shall be reduced by multiplying such maximum annual pension by a fraction, the numerator of which is the number of such member's years of credited service, but never less than one (1), and the denominator of which is ten (10). The paragraph shall, to the extent required by the Secretary of the Treasury, be applied separately to each change in benefit accrual rate hereunder. e. In the event that a member has been credited with less than ten (10) years of credited service, the percentage -of- average - earnings limitation otherwise applicable under Subparagraph c above shall be reduced by multiplying each by a fraction, the numerator of which is the number of such member's years of credited service (or part thereof), but never less than one (1), and the denominator of which is ten (10). f. The limitations of this Section apply to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity, provided that payment begins between ages sixty -two (62) and sixty-five (65). If payment commences before age sixty -two (62), the foregoing limitations shall be reduced so that they are actuarially equivalent to such a benefit commencing at age sixty -two (62). However, the reduction of this paragraph shall not reduce the limitation below seventy -five thousand dollars ($75,000.00), if payment commences after age fifty -five (55), or below fifty thousand dollars ($50,000.00), if payment commences before age fifty -five (55). If payment commences after age sixty -five (65), the limitation shall be the actuarial equivalent of a ninety- thousand - dollar annual benefit commencing at age sixty-five (65). The interest assumption for purposes of determining actuarial equivalency under this paragraph shall be the interest rate otherwise used for purposes of computing option forms of income payable under the plan, but the rate shall not be less than five percent (5 %) annually if benefits commence before age sixty-two (62) and shall not exceed five percent (5 %) annually if benefits commence after age sixty-five (65). g. In no event shall a member's maximum annual pension allowable under this Section be less than the annual amount of pension (including early retirement benefits and qualified joint and survivor annuity amounts) duly accrued by such member under Section 415, Internal Revenue Code, limitations then in effect as of December 31, 1982, or as of December 31, 1986, whichever is greater (disregarding any plan changes or cost -of- living adjustments occurring after July 1, 1982, as to the 1982 accrued amount, and May 5, 1986, as to the 1986 accrued amount). (2) Defined benefit and defined contribution plans. If, in any limitation year, a member also participates in one (1) or more defined contribution plans maintained by the City, then for such limitation year, the sum of the defined benefit plan fraction and defined contribution plan fraction (as described below) for such limitation year shall not exceed one (1). The defined benefit fraction for any limitation year shall mean a fraction: (a) the numerator of which is the projected annual benefit of the member under the plan (determined as of the close of the limitation year); and (b) the denominator of which is the lesser of one hundred twenty -five percent (125 %) of the dollar limitation under Section 415(b)(1)(A) of the Internal Revenue Code or one hundred forty percent (140%) of the percentage limitation under Section 415(b)(1)(B) of the Internal Revenue Code for the year of determination (taking into account the effect of Section 235(8)(4) of the Tax Equity and Fiscal Responsibility Act of 1982). The defined contribution fraction for any limitation year shall mean a fraction: (a) the numerator of which is the sum of the annual additions (as defined in Section 415(c)(2) of the Internal Revenue Code) to the member's accounts under all defined contribution plans maintained by the City as of the close of the limitation year (subject to reduction to the extent permitted under the transition rule in Section 235(g)(3) of the Tax Equity and Fiscal Responsibility Act of 1982); and (b) the denominator of which is the sum of the lesser of one hundred twenty-five percent (125 %) of the dollar limitation under Section 415(c)(1)(A) of the Internal Revenue Code or one hundred forty percent (140 %) of the percentage limitation under Section 415(c)(1)(B) of the Internal Revenue Code, for such limitation year and for all prior limitation years during which the member was employed by the City; provided, however, that at the election of the Board, the denominator shall be increased by using for limitation years ending prior to January 1, 1983, an amount equal to the denominator in effect for the limitation year ending in 1982, multiplied by the transition fraction provided in Section 415(e)(6)(B) of the Internal Revenue Code. If, in any limitation year, the sum of the defined benefit plan fraction and defined contribution plan fraction for a member would exceed one (1) without adjustment of the amount of the maximum annual pension that can be paid to such member under Subsection (1) of this Section, then the amount of the maximum annual pension that can be paid to such member under Subsection (1) of this Section shall be reduced to the extent necessary to reduce the sum of the defined benefit plan fraction and defined contribution plan fraction for such member to one (1), or the Board may take such other actions as will cause the sum to equal one (1) or less.] (b) This plan is subject to the limitations on benefits imposed by Internal Revenue Code Section 415(b) for government police pension plans which are incorporated herein by this reference. The limitation year is the calendar Year. (c)[For purposes of this Section, the limitation year shall be the calendar year.] Notwithstanding any provisions of this plan to the contrary , contributions benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code. (c) [For purposes of the Section, the limitation year shall be the calendar year.] Notwithstanding any provisions of this plan to the contrary , contributions benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Reve Code. SECTION 3. Paragraphs (3) and (4) of Subsection (b) of Section 2 -3 -40 of Chapter 3 of Title II of the Pueblo Municipal Code, as amended, are hereby amended to read as follows: Sec. 2 -3-40. Eligible rollover distributions. (b) For purposes of this Section, the following terms shall have the following meanings: (3) Eligible retirement plan means an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Section 408(b), an annuity described in Section 403(a), or a qualified trust described in Section 401(a) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. Effective January 1 2002 an eligible retirement plan shall also mean an annuity contract described in Code Section 403(b) and an eligible plan under Code Section 457(b) which is maintained by a state political subdivision of a state, or agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse or to a spouse or former spouse who is the alternate payee under a qualified domestic relation order, as defined in Code Section 414(p). (4) Eligible rollover distribution means a distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: a. Any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary; or for a specified period of ten (10) years or more; b. Any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and C. The portion of any distribution that is not includible in gross income. For distributions on or after January 1 2002 a portion of distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after -tax employee contributions which are not includible in gross income. However. such portion may be paid only to an individual retirement account or annuity described in Section 408(a) or (b) of the Code or to a qualified defined contribution plan described in Section 401(a) or 403(a) of the Code that agrees to separately account for amounts so transferred including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution is not so includible. SECTION 4 This Ordinance shall become effective thirty (30) days after final passage and approval; provided, however, that notwithstanding the foregoing, this Ordinance shall not become effective (a) unless approved by sixty -five percent of the active members of the Pueblo Policemen Retirement Plan (the "Plan ") and (b) unless the Board of Directors of the Fire and Police Pension Association (the "FPPA ") established pursuant to section 31 -31- 201(1), C.R.S. (Vol. 9, 2002) shall decide to permit said modifications pursuant to Section 31- 30.5 - 210(2), C.R.S. (Vol. 9, 2002); and upon its effectiveness, the modifications made by Section 1 of this Ordinance are intended to apply as of January 1, 1996 and the changes made by Sections 2 and 3 of this Ordinance are intended to apply as of January 1, 2002. For such purpose, on its effective date, this Ordinance shall constitute and be construed to be a request by the City to FPPA to so permit the said modifications to the Plan. INTRODUCED March 24, 2003 BY All Gurule Councilperson APPROVED: President of City Council ATTEST: Cdy rk PASSED AND APPROVED: AD61 14. 2003