HomeMy WebLinkAbout07957ORDINANCE NO. 7957
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE II OF
THE PUEBLO MUNICIPAL CODE RELATING TO OLD -
HIRE POLICE PENSION PLAN AND CONFORMING SAME
TO REQUIREMENTS OF FEDERAL LAW
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SFrTinN 1
The Council finds and determines that the amendments made by this Ordinance
to the retirement plan for those uniformed employees of the City Police Department
hired prior to April 8, 1978 are made for the sole purpose of compliance with federal
law, including but not limited to: (a) Internal Revenue Code (the "Code ") Section 415,
(b) final regulations contained in Treasury Reg. sections 1.415(b) and 1.415(c), (c)
Code section 402(c)(2) as amended by the Pension Protection Act of 2006, (d) Code
section 402(c)(11) as added by the Pension Protection Act of 2006, and (e) Section 823
of the Pension Protection Act of 2006.
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 (702), or terminates
employment. Benefit payments will be determined and made in accordance with
Internal Revenue Code Section 401(a)(9) and the regulations thereunder, as
applicable to governmental plans, including the minimum distribution incidental
death benefit requirement.
(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. This plan also incorporates by reference the final regulations
interpreting Code Section 415, as applicable to this governmental
continue to a
after the member's severance from employment.
(c) 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.
SECTION 3
Section 2 -3 -40 of Chapter 3, Title II of the Pueblo Municipal Code, as amended,
is hereby amended by amending subsection (b)(4) thereof and by adding a new
subsection (c) thereto to read as follows:
Sec. 2 -3 -40. Eligible rollover distribution.
(b) For purposes of this Section, the following terms shall have the
following meaning:
(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, but before January 1, 2008,
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.
For distributions made after December 31, 2007, a portion of a
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
transferred only to an individual retirement account or annuity
described in Section 408(a) or (b) of the Code, or in a direct trustee-to-
trustee transfer to a qualified trust described in Section 401(a) of the
Code which is exempt from tax under Section 501(a) of the Code or to
an annuity contract described in Section 403(b) of the Code, provided
such trust or contract provides for separate accounting for amounts so
transferred (and earnings thereon), including separate accounting for
the portion of such distribution which is includible in gross income and
the portion of such distribution which is not so includible.
(c) A member's non-spouse beneficiary may elect to have any
portion of an eligible plan distribution paid in a direct trustee-to-trustee
transfer to an individual retirement account or annuity described in Section
402(c)(8)(B)(i) or (ii) of the Code that is established to receive the plan
distribution on behalf of the beneficiary. For purposes of this Section 2-3-
40(c), a trust maintained for the benefit of one or more designated
beneficiaries may be the beneficiary to the extent provided in rules prescribed
by the Secretary of Treasury. If the member dies after the member's required
beginning date as defined in Section 2-3-39(a), the required minimum
distribution in the year of death may not be transferred according to this
Section 2-3-40(c). The requirements of Code Section 402(c)(11) apply to
distributions under this Section 2-3-40(c).
SECTION 4.
This Ordinance shall become effective upon final passage and approval; provided,
however, that notwithstanding the foregoing, this Ordinance shall not become effective
unless the Board of Directors of the Fire and Police Pension Association established
pursuant to Section 31-31-201(1), C.R.S. (2008) (the "Board") shall decide to permit said
modifications pursuant to Section 31-30.5-210(2), C.R.S. (2008). For such purpose, on its
effective date, this Ordinance shall constitute and be construed to be a request by City to
the Board to permit said modifications to the Pueblo Policemen's Retirement Plan. Upon
effectiveness of the Ordinance, as provided above, the modifications shall apply to all
actions, elections and distributions which occur, or have occurred, on or after January 1,
2008.
INTRODUCED: December 22, 2008
BY: Randy Thurston
Councilperson
PASSED AND APPROVED: January 12, 2009
ED
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 18
DATE: December 22, 2008
DEPARTMENT: Law Department
TITLE
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE II OF THE PUEBLO
MUNICIPAL CODE RELATING TO OLD -HIRE POLICE PENSION PLAN AND
CONFORMING SAME TO REQUIREMENTS OF FEDERAL LAW
ISSUE
Should Council adopt amendments to the old -hire Police pension plan to conform
the plan to recent Treasury Department regulations for governmental plans?
Council should adopt the Ordinance.
BACKGROUND
The enclosed Ordinance amends the so- called 'old- hire" Police Pension Plan for
City police officers hired on or before April 8, 1978 (the "plan "). The
amendments do little to substantially modify the plan terms and requirements, but
are necessary to comply with recent Treasury Department regulations
implementing Internal Revenue Code 1 415 and provisions of the Pension
Protection Act of 2006. These regulations mandate, inter alia, that the Code
requirements be either recited in the plan or expressly incorporated by reference,
and the enclosed Ordinance should satisfy that requirement. Failure to adopt the
Ordinance by January 31, 2009 could subject the plan to IRS penalties.
The Ordinance is unlikely to affect any retired or active member of the plan.
Pursuant to C.R.S. 131- 30.5- 210(2), these modifications to the plan do not
require approval by the active and retired old hire members. The modifications
will be submitted to the Internal Revenue Service for approval, in accordance
with applicable regulations
FINANCIAL IMPACT
None anticipated.