ORDINANCE NO. BL2002-1060
An ordinance amending title 3 of the Metropolitan Code of Laws to qualify the pension plan for officers and employees of The Metropolitan Government of Nashville and Davidson County under federal tax laws.
Whereas, the Metropolitan
Government has a pension plan for its officers and employees; and
Whereas, the pension plan
is intended to qualify for certain tax benefits under the Internal Revenue Code;
Whereas, the Internal Revenue
Code has been amended thus requiring amendments to the pension plan to maintain
its tax qualified status; and
Whereas, the actuaries employed
by the Metropolitan Employee Benefit Board have determined that the required
amendments to the pension plan will have a negligible impact on the required
annual funding and the ultimate cost of the benefits provided by the pension
Now, therefore, be it enacted
by the Council of The Metropolitan Government of Nashville and Davidson County:
Section 1. The Metropolitan
Code of Laws is hereby amended to create a new chapter as follows:
The Pensions for Members with Credited Employee Service and Pensions for Members with Credited Fire and Police Service (the "Plan") is part of larger system of employee benefits plans provided by the Metropolitan Government of Nashville and Davidson County, Tennessee (Metropolitan Government) for the benefit of its employees. The benefits included in this system include the Plan, as well as disability benefits, medical and life insurance programs. The terms of the Plan are set forth in the Metropolitan Code of Laws subject to the provisions of the Metropolitan Charter.
Intention. It is the intention of Metropolitan Government that the Plan comply with all requirements of Internal Revenue Code Section 401(a) that apply to plans that are sponsored by state or local governments or political subdivisions. The Metropolitan Government intends that this plan be a tax-qualified plan.
Purpose of this Chapter. The provisions of this Chapter 3.30 have been adopted by the Metropolitan Government for the sole purpose of complying with Section 401(a) of the Internal Revenue Code. The provisions of this Chapter 3.30 shall not be construed to change the benefits otherwise payable under the Plan unless such is required under the Internal Revenue Code Section 401(a).
3.30.020. Benefit Limitations based on Code Section 415
Unless otherwise noted,
this Section shall be effective for Plan Years beginning after January 1, 1987.
(a) This subsection, except
for subsection (a)(2), applies regardless of whether any Member is or has ever
been a Member in another qualified plan maintained by the Employer. If any Member
is or has ever been a Member in another qualified plan or a welfare benefit
fund, as defined in section 419(e) of the Code, maintained by the Employer,
or an individual medical account, as defined in section 415(l)(2) of the Code,
which provides an Annual Addition, subsection (b) is also applicable to that
(1) The Annual Benefit otherwise
payable to a Member at any time shall not exceed the Maximum Permissible Amount.
If the benefit the Member would otherwise accrue in a Limitation Year would
produce an Annual Benefit in excess of the Maximum Permissible Amount, then
the rate of accrual will be reduced so that the Annual Benefit shall equal the
Maximum Permissible Amount.
(2) The limitation in (1)
above is deemed satisfied if the Annual Benefit payable to a Member is not more
than one thousand dollars ($1,000) multiplied by the Member's number of years
of service or parts thereof (not to exceed ten (10)) with the Employer, and
the Employer has not at any time maintained a qualified defined contribution
plan, a welfare benefit plan as defined in section 419(e) of the Code, or an
individual medical account, as defined in section 415(l)(2) of the Code, in
which such Member participated.
(b) This subsection applies
if any Member is covered, or has ever been covered, by another plan maintained
by the Employer, including a qualified plan, a welfare benefit fund, as defined
in section 419(e) of the Code, or an individual medical account, as defined
in section 415(l)(2) of the Code, or a simplified employee pension which provides
an Annual Addition maintained by the Employer.
(1) If a Member is, or has
ever been, covered under more than one (1) qualified defined benefit plan maintained
by the Employer, the sum of the Member's Annual Benefits from all such plans
may not exceed the Maximum Permissible Amount.
(2) The provisions of this
subsection 3.30.020(b)(2) shall not apply to Limitation Years beginning after
December 31, 1999. If the Employer maintains, or at any time maintained, one
(1) or more qualified defined contribution plans covering any Member in this
plan, a welfare benefit fund as defined in section 419(e) of the Code, an individual
medical account as defined in section 415(l)(2) of the Code, or a simplified
employee pension, the sum of the Member's Defined Contribution Fraction and
Defined Benefit Fraction shall not exceed one (1.0) in any Limitation Year,
and the Annual Benefit otherwise payable to the Member under this plan or the
Annual Additions otherwise credited to the Member under the defined contribution
plan shall be limited to the level necessary to prevent the limitations of this
Section from being exceeded with respect to such Member (but not to a figure
less than the Accrued Benefit of such Member at the beginning of such Limitation
Year). If the projected Annual Benefit is reduced to the level of the Accrued
Benefit at the beginning of the Limitation Year, and the sum of both fractions
remains in excess of one (1.0), the remaining reduction to a sum of one (1.0)
shall be accomplished by reducing the numerator of the Defind Contribution Fraction.
(3) The annual addition
to any Member's accounts for any Plan Year shall not exceed the lesser of $30,000
(or such amount for any Plan Year as results from the annual adjustment factor
determined by the Commissioner of the Internal Revenue Service and effective
on January 1 of the Plan Year), or 25% of such Member's compensation for the
Plan Year. If as a result of the allocation of forfeitures, a reasonable error
in estimating the compensation of a Member, a reasonable error in determining
the amount of elective deferral contributions (within the meaning of Code section
402(g)(3)) that may be made with respect to any individual under the limits
of Code section 415, or other facts and circumstances allowed by regulation,
the Annual Additions limitation is exceeded in any Plan Year, the excess annual
addition shall be charged against the Member's Accounts in the following order
of priority by the amount required to insure compliance with this section:
(A) the Annual Additions
to any other qualified defined contribution plan;
(B) employee contributions
to this plan.
The portion of such excess which consists of employee contributions shall be returned to the Member. The employee contributions returned or distributed shall include income on such amounts determined in the same manner as income is determined in this plan (however, if such method of determining income is not permitted by regulations, then income shall be determined in a manner consistent with any applicable regulations).
(c) In the case of an individual
who was a Member in one or more qualified defined benefit plans of the Employer
as of the first day of the first Limitation Year beginning after December 31,
1986, the application of the limitations of this Section shall not cause the
Maximum Permissible Amount for such individual under all such qualified defined
benefit plans to be less than the individual's Tax Reform Act of 1986 (TRA '86)
accrued benefit. The preceding sentence applies only if all such qualified defined
benefit plans met the requirements of section 415 of the Code for all Limitation
Years beginning before January 1, 1987.
(d) Definitions. For purposes
of this Section, the following terms shall be defined as follows:
(1) "Annual Additions"
shall mean the sum of the following amounts credited to a Member's accounts
under a qualified defined contribution plan for the Limitation Year:
(i) Employer contributions;
(ii) Employee contributions;
Amounts allocated, after
March 31,1984, to an individual medical account, as defined in section 415(l)(2)
of the Code, which is part of a pension or annuity plan maintained by the Employer,
shall be treated as an Annual Addition to a qualified defined contribution plan.
(2) "Annual Benefit"
Shall mean a retirement benefit under the plan which is payable annually in
the form of a straight life annuity. Except as provided below, a benefit payable
in a form other than a straight life annuity shall be adjusted to an actuarially
equivalent straight life annuity before applying the limitations of this section.
The annual benefit shall not include any benefits attributable to employee contributions
(other than contributions picked up by the employer in accordance with Code
Section 414(h)) or rollover contributions, or the assets transferred from a
qualified plan that was not maintained by the employer. No actuarial adjustment
to the benefit is required for (i) the value of a qualified joint and survivor
annuity (as defined in Code section 417(b), (ii) the value of benefits that
are not directly related to retirement benefits (such as the qualified disability
benefit, pre-retirement death benefits and post-retirement medical benefits),
and (iii) the value of post-retirement cost-of-living increases, if any, made
in accordance with section 415(d) of the Code and section 1.415-3(c)(2)(iii)
of the Treasury Regulations.
Shall mean, solely for purposes of this section 3.30.020, wages, salaries, and
fees for professional services and other amounts received (without regard to
whether or not an amount is paid in cash) for personal services actually rendered
in the course of employment with the employer maintaining the plan to the extent
that the amounts are includible in gross income (including, but not limited
to, commissions paid salesmen, compensation for services on the basis of a percentage
of profits, commissions on insurance premiums, tips, bonuses, fringe benefits,
reimbursements, and expense allowances), and excluding the following:
(A) Employer contributions
to a plan of deferred compensation (including a Code section 457 plan) which
are not includible in the employee's gross income for the taxable year in which
contributed, or any distributions from a plan of deferred compensation; and
(B) other amounts which
received special tax benefits, including pick-up contributions, and contributions
made by the employer (whether or not under a salary reduction agreement) towards
the purchase of an annuity described in Code section 403(b) (whether or not
the amounts are actually excludable from the gross income of the Eligible employee).
Notwithstanding the above, effective January 1, 1998, compensation shall include salary deferrals under Sections 401(k), 403(b), 457 and 125 of the Code, however contributions picked up by the Employer shall continue to be excluded.
For Limitation Years beginning on and after January 1, 2001, for purposes of applying the limitations of this Section, compensation paid or made available during such Limitation Years shall include elective amounts that are not includible in the gross income of the Eligible employee by reason of Code section 132(f)(4).
(4) "Defined Benefit
Dollar Limitation" shall mean ninety thousand dollars ($90,000). Effective
on January 1, 1988, and each January thereafter, the ninety thousand dollar
($90,000) limitation above will be automatically adjusted by multiplying such
limit by the cost of living adjustment factor prescribed by the Secretary of
the Treasury under section 415(d) of the Code in such manner as the Secretary
shall prescribe. The new limitation will apply to Limitation Years ending within
the calendar year of the date of the adjustment.
(5) "Defined Benefit
Fraction" shall mean a fraction, the numerator of which is the sum of the
Member's Projected Annual Benefits under all qualified defined benefit plans
(whether or not terminated) maintained by the Employer, and the denominator
of which is the lesser of (i) one hundred twenty-five percent (125%) of the
dollar limitation determined for the Limitation Year under sections 415(b)(1)(A)
and (d) of the Code and (ii) one hundred forty percent (140%) of the Highest
Average Compensation, including any adjustments under section 415(b)(5) of the
Code, both in accordance with subsection 3.30.020(e)(10) below.
Notwithstanding the above, if the Member was a Member as of the first day of the first Limitation Year beginning after December 31,1986 in one (1) or more qualified defined benefit plans maintained by the Employer which were in existence on May 6, 1986, the denominator of this fraction shall not be less than one hundred twenty-five percent (125%) of the sum of the Annual Benefits under such plans which the Member had accrued as of the close of the last Limitation Year beginning before January 1, 1987, disregarding any changes in the terms and conditions of the plans after May 5, 1986. The preceding sentence applies only if the qualified defined benefit plans individually and in the aggregate satisfied the requirements of Code section 415 for all Limitation Years beginning before January 1, 1987.
(6) "Defined Contribution
Fraction" shall mean a fraction, the numerator of which is the sum of the
Annual Additions to the Member's account under all qualified defined contribution
plans (whether or not terminated) maintained by the Employer for the current
and all prior Limitation Years, (including the Annual Additions attributable
to the Member's nondeductible Employee contributions to this and all other qualified
defined benefit plans, whether or not terminated, maintained by the Employer
and the Annual Additions attributable to all welfare benefit funds, as defined
in section 419(e) of the Code or individual medical accounts, as defined in
section 415(l)(2) of the Code, maintained by the Employer), and the denominator
of which is the sum of the maximum aggregate amounts for the current and all
prior Limitation Years of service with the Employer (regardless of whether a
qualified defined contribution plan was maintained by the Employer). For purposes
hereof, the maximum aggregate amount in any Limitation Year is the lesser of
(i) one hundred twenty-five percent (125%) of the dollar limitation determined
under section 415(c)(1)(A) of the Code after adjustment under section 415(d)
of the Code and (ii) thirty-five percent (35%) of the Member's Compensation
for such year.
If the Eligible employee was a Member as of the first day of the first Limitation Year beginning after December 31,1986, in one
(1) or more defined contribution
plans maintained by the Employer which were in existence on May 6, 1986, then
the numerator of this fraction shall be adjusted if the sum of this fraction
and the Defined Benefit Fraction would otherwise exceed one (1.0) under the
terms of this plan. Under the adjustment, an amount equal to the product of
(i) the excess of the sum of the fractions over one (1.0) times (ii) the denominator
of this fraction, shall be permanently subtracted from the numerator of this
fraction. The adjustment shall be calculated using the fractions as they would
be computed as of the end of the last Limitation Year beginning before January
1, 1987, and disregarding any changes in the terms and conditions of the plans
made after May 5, 1986, but using the Code section 415 limitation applicable
to the first Limitation Year beginning on or after January 1, 1987.
The Annual Addition for any Limitation Year beginning before January 1, 1987 shall not be recomputed to treat all employee contributions as Annual Additions.
shall, for purposes of this Section, mean the Metropolitan Government of Nashville
and Davidson County, Tennessee and any agency that adopts this plan.
(8) "Highest Average
Compensation" shall mean the average Compensation for the three (3) consecutive
years of Service with the Employer that produces the highest average.
(9) "Limitation Year"
shall mean the Plan Year.
(10) "Maximum Permissible
Amount" Shall mean the defined benefit dollar limitation as modified below.
(A) If the Member has less
than 10 years of participation with the employer, the maximum permissible amount
is reduced by one-tenth for each year of participation (or part thereof) less
than 10. To the extent provided in regulations or in other guidance issued by
the Internal Revenue Service, the preceding sentence shall be applied separately
with respect to each change in the benefit structure of the plan. The adjustments
of this paragraph shall be applied in the denominator of the defined benefit
fraction based upon years of service. In no event shall the reduction in the
maximum permissible amount reduce the limitation to an amount less than one-tenth
of that limitation (determined without regard to this paragraph).
(B) Adjustment for early
payment. If the annual benefit of the Member commences before age 62, the defined
benefit dollar limitation shall be determined as follows:
(i) If the annual benefit
of a Member commences prior to age 62, the defined benefit dollar limitation
shall be the actuarial equivalent of an annual benefit beginning at age 62,
as determined above, reduced for each month by which benefits commence before
the month in which the Member attains age 62. However, in no event shall the
adjustment in this paragraph result in the defined benefit dollar limitation
being reduced to an amount less than minimum specified below. If the annual
benefit of a Member commences on or after age 55, the minimum amount shall be
$75,000 (with no adjustments for increases in the cost of living). If the annual
benefit of a Member commences before age 55, the minimum amount shall be the
actuarial equivalent of an annual benefit of $75,000 commencing at age 55 (with
no adjustments for increases in the cost of living).
(ii) The adjustment in paragraph
(i) above shall not apply in the case of a qualified Member. A Member is considered
qualified for purposes of this paragraph if the service used in computing his
benefit includes at least 15 years of full-time employment: in any police department
or fire department of the employer, to provide police protection, firefighting
services or emergency medical services within the jurisdiction of the employer;
or as a participant of the Armed Forces of the United States; or in any combination
thereof adding up to at least 15 years of full-time employment.
(iii) The adjustment in
paragraph (i) above shall not apply to any benefit payable as a result of the
Member becoming disabled or to any benefit payable to the beneficiaries, survivors
or estate of a Member as a result of the death of the Member.
(C) Adjustment for delayed
payment. If the annual benefit of a Member commences after age 65, the defined
benefit dollar limitation shall be adjusted so that it is the actuarial equivalent
of an annual benefit of such dollar limitation beginning at age 65.
(11) "Projected Annual
Benefit" shall mean the Annual Benefit to which the Member would be entitled
under the terms of the plan assuming:
(i) the Member shall continue
employment until Normal Retirement Age under the plan (or current age, if later),
(ii) the Member's Compensation for the current Limitation Year and all other relevant factors used to determine benefits under the plan shall remain constant for all future Limitation Years.
(12) "Year of Participation"
shall mean each accrual computation period (computed to fractional parts of
a year) for which the following conditions are met: (i) the Member is credited
with at least the period of service for benefit accrual purposes, required under
the terms of the plan in order to accrue credited employee service or credited
police and fire service, and (ii) the Member is included as a Member under the
eligibility provisions of the plan for at least one day of the period of credited
employee service or credited police and fire service. If these two (2) conditions
are met, the portion of a Year of Participation credited to the Member shall
equal the amount of credited employee service or credited police and fire service
credited to the Member for such accrual computation period. A Member who is
permanently and totally disabled within the meaning of section 415(c)(3)(C)(i)
of the Code for an accrual computation period shall receive a Year of Participation
with respect to that period. In addition, for a Member to receive a Year of
Participation (or part thereof) for an accrual computation period, the plan
must be established no later than the last day of such accrual computation period.
In no event will more than one Year of Participation be credited for any twelve
(12) month period.
(e) Actuarial equivalence.
All actuarial equivalence determinations in this section shall be made in accordance
with this subsection. Actuarial equivalence determinations include: adjustment
for early payment; adjustment for delayed payment; adjustment for payment in
a form other than a life annuity; computation of the benefit attributable to
employee contributions; and all other determinations of a similar nature, as
required by context. In computing actuarial equivalence, the mortality table
used shall be the mortality table specified by the Secretary of the Treasury
for determinations under section 417(e)(3) of the Code, which shall be the table
specified in Revenue Ruling 95-6 unless a subsequent ruling or promulgation
requires otherwise. The interest rate used shall be the rate specified in Section
3.30.040 per year for purposes of adjustments for early payment and 5% for late
payment. For purposes of adjustments due to form of payment, the interest rate
used shall be the rate specified in Section 3.30.040 per year. Solely for purposes
of determining the benefit attributable to employee contributions, to compute
the limitations in this section, interest shall be credited to such contributions
at the following rates. For periods before July 1, 1988, interest shall be credited
to employee contributions at the rate of 5% per year. For plan years commencing
on or after July 1, 1988, interest shall be credited on accumulated employee
contributions at the rate specified in section 411(c)(2)(C)(iii) of the Code,
up to the determination date. The interest rate used for periods of time commencing
on the determination date shall be the rate specified in section 417(e)(3) of
the Code as of the last day of the prior plan year (as if such Code section
applied to this plan). For all other determinations not specifically mentioned
herein, the interest rate shall be the rate specified in Section 3.30.040 per
(f) Provided, the application
of this Section shall be subject to such rules as may be prescribed by the Secretary
of the Treasury, in order to maintain the qualified status of the plan.
3.30.030. Limitation on Earnings.
(a) For purposes of computing
any benefit under the plan or any contribution made to the plan, there shall
be a limit on the amount of compensation that may be considered in any Plan
Year for any Member. The limit shall be the amount specified in this section
as described below. The limit contained in this section 3.30.030 shall apply
to Earnings as defined in Section 3.08.010 and to Compensation as defined in
(b) For Plan Years beginning
after December 31, 1995, the annual compensation limit of Code section 401(a)(17)
is incorporated by reference in this Plan with respect to noneligible Members;
provided, however, in the case of an eligible Member, the annual compensation
limit of Code section 401(a)(17) shall not apply to the extent that the application
of the limitation would reduce the amount of compensation that was allowed to
be taken into account under the Plan as in effect on July 1, 1993. For these
purposes, an eligible Member is an individual who first became a Member in the
Plan prior to the first day of the first Plan Year beginning after the earlier
of (i) the last day of the Plan Year by which a Plan amendment to reflect the
amendments made by section 13212 of the Omnibus Budget Reconciliation Act of
1993 is both adopted and effective, or (ii) December 31, 1995.
3.30.040. Actuarial Equivalence
All actuarial equivalence determinations in this Plan shall be made in accordance with this section. Actuarial equivalence determinations include: adjustment for early payment; adjustment for delayed payment; adjustment for payment in a form other than a life annuity and all other determinations of a similar nature, as required by context. Actuarial equivalence shall mean, for purposes of determining optional benefit payment forms, a benefit of equivalent value based on the following -
(a) For participants with
benefit commencement dates on and after January 1, 1996:
(1) Interest eight percent
(8.0%) per annum
Participants - a table constructed
from the 1983 Group Annuity Mortality Table by assuming a population composition
consisting of 66 2/3% male participants and 33 1/3% female participants.
Beneficiaries - a table
constructed from the 1983 Group Annuity Mortality Table by assuming a population
composition consisting of 33 1/3% male participants and 66 2/3% female participants.
(b) For participants with
benefit commencement dates before January 1, 1996
(1) Interest - seven and
one half percent (7.5%) per annum
(2) Mortality for General
(A) Participants - the 1951
Group Annuity Mortality Table for males projected to 1960.
(B) Beneficiaries - the
1951 Group Annuity Mortality Table for females projected to 1960
(3) Mortality for Police
and Fire Participants:
(A) Participants - the mortality
factors adopted by the Employee Benefit Board for this purpose.
(B) Beneficiaries - the
1951 Group Annuity Mortality Table for females projected to 1960
(4) Mortality for Early
(A) General Government Participants
- the mortality factors adopted by the Employee Benefit Board for this purpose.
(B) Police and Fire Participants
- the mortality factors adopted by the Employee Benefit Board for this purpose.
3.30.050. Minimum distributions.
Effective July 1, 1989, notwithstanding any provisions of the plan to the contrary, the following provisions shall apply.
(a) A Member shall begin
to receive his plan benefits no later than April 1 of the calendar year following
the later of (i) the year in which he attains age 70-½; or (ii) the year
in which he retires. However, in no case shall the Member's benefit commence
later than the date required by section 401(a)(9) of the Code, and in no case
shall the distribution violate the minimum distribution incidental death benefit
requirements of the regulations under section 401(a)(9) of the Code.
(b) Upon the death of a
Member after distribution of his benefit has commenced, the remaining portion
of his interest in the plan will be distributed at least as rapidly as under
the method of distribution in effect prior to the Member's death.
(c) Upon the death of a
Member before distribution of his benefit has commenced, the Member's entire
interest will be distributed no later than 5 years after the Member's death,
except for situations described in (1) or (2) below.
(1) If any portion of the
Member's interest is payable to a designated beneficiary, the distributions
may be made in substantially equal installments over a period of time that is
equal to or less than the life or life expectancy of the designated beneficiary
commencing no later than one year after the Member's death.
(2) If the designated beneficiary is the Member's surviving spouse, the date distributions are required to commence in accordance with (1) above shall not be earlier than the date on which the Member would have attained age 70-½, and if the spouse dies before payments begin, subsequent distributions shall be made as if the spouse had been the Member.
3.30.060. Right to direct rollover.
(a) This section applies
to distributions made on or after January 1, 1993. Notwithstanding any provision
of the plan to the contrary that would otherwise limit a distributee's election
under this section, a distributee may elect, at the time and in the manner prescribed
by the Employee Benefit Board, to have any portion of an eligible rollover distribution
paid directly to an eligible retirement plan specified by the distributee in
a direct rollover.
(1) Eligible rollover distribution:
Shall be any distribution of all or any portion of the balance to the credit
of the distributee, except that an eligible rollover distribution does not include:
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
years or more; any distribution to the extent such distribution is required
under section 401(a)(9) of the Code; and the portion of any distribution that
is not includible in gross income.
(2) Eligible retirement
plan: Shall mean an individual retirement account described in section 408(a)
of the Code, an individual retirement annuity described in section 408(b) of
the Code, an annuity plan described in section 403(a) of the Code, or a qualified
trust described in section 401(a) of the 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.
(3) Distributee: Shall mean
a Member or former Member, or the Spouse of the Member of former Member, provided
such person is entitled to receive a benefit under the plan.
(4) Direct rollover: Shall mean a payment by the plan to the eligible retirement plan specified by the distributee.
3.30.070. Qualified military service.
The following sentence shall apply as to affected Members who are reemployed on or after December 12, 1994. Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Code section 414(u).
3.30.080. Family Medical Leave Act requirements
Notwithstanding any other provisions of the Plan, in the case of an eligible employee who takes family or medical leave as an eligible employee of a covered employer under the provisions of the Family and Medical Leave Act of 1993 (FMLA), any period of FMLA leave shall be treated as continued service for purposes of eligibility to participate and Vesting Service to the extent required by applicable law.
3.30.090. Vesting upon Plan Termination
In the event that this Plan is terminated for any reason the accrued benefits of all Members shall fully vest and become nonforfeitable.
3.30.100. Plan Forfeitures
Any plan forfeitures occurring as a result of a Member terminating employment with the Metropolitan Government of Nashville and Davidson County, Tennessee prior to completing five years of service shall not be used to increase benefits of remaining Plan Members.
3.30. 110. Definitions applicable to this Chapter 3.30.
Code: Shall mean the U.S.
Internal Revenue Code as amended. All references to Code sections shall include
any applicable rulings and regulations, and as of any future date shall automatically
incorporate any amendments to such sections, and shall be deemed to refer to
any comparable provisions of any future laws.
Plan: Shall mean the Pensions
for Members with Credited Employee Service and Pensions for Members with Credited
Fire and Police Service as specified in the Metropolitan Code of Laws.
Plan Year: Shall mean each
12 month period commencing July 1 and ending on the next June 30.
Spouse: Shall mean the person
who is legally married to a Member.
Vesting Service: Shall mean
the Service of a Member as defined in Section 3.08.010 of the Plan.
Section 2. In the event
this Plan is submitted to the Internal Revenue Service for a determination of
its qualification under the Internal Revenue Code and additional changes to
the Plan are required for qualification, such additional changes may be adopted
by resolution of the Metropolitan County Council.
Section 3. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored By: Carolyn Baldwin Tucker, Jim Shulman, Tony Derryberry
|Introduced:||May 9, 2002|
|Passed First Reading:||May 9, 2002|
|Referred to:||Budget & Finance Committee
|Passed Second Reading:||May 21, 2002|
|Passed Third Reading:||June 4, 2002|
|Approved:||June 6, 2002|