1. Administration of the Master Plan and Trust. The authority to operate and administer the trust and to establish the terms and conditions for participation in the trust shall be vested in the Board of Trustees. The Board of Trustees may appoint such subcommittees with such powers as it shall determine; may authorize one or more of its members to execute and deliver any instrument or do any act on its behalf; and may employ counsel and agents and such clerical, accounting and actuarial services as it may require in carrying out the provisions of the plan.
2. Any act which the Board of Trustees is authorized or required to perform hereunder may be performed by a majority of its members. The action of such majority expressed from time to time by voting at a meeting, or in writing without a meeting, shall constitute the action of the Board of Trustees and shall have the same effect for all purposes as if assented to by all members then in office.
3. The Board of Trustees shall appoint an Administrator to which shall be delegated the responsibility for supervising the participation of the various employers in the Master Plan and trust and to make and enforce such rules and regulations as may be necessary and proper for the efficient operation and administration of the Master Plan, and the participation of the various adopting employers therein. In the event no such delegation is made, the Administrator shall be the Board of Trustees.
4. The Administrator shall have the power to interpret and administer the provisions of the Master Plan, to settle any disputes which may arise in the operation of the Master Plan, to determine the interest of any participating employer in the trust Fund on the basis of the provisions set forth in the Master Plan and trust, and to instruct the trustee regarding the payment of benefits arising hereunder.
5. All discretionary acts which may be taken pursuant to this plan by any participating employer with respect to participants and their beneficiaries shall be uniform and nondiscriminatory in their nature and shall be applicable to all participants and beneficiaries in substantially identical situations.
6. Any decision by an employer denying the claim of a participant or beneficiary for benefits under the plan shall be communicated to the employer and the employer shall cause to have prepared a written communication to the participant setting forth the specific reasons of such denial.
7. Any such participant or his duly authorized representative may (A) appeal to the employer in writing within 90 days after receipt of the notice of the denial for a full review of the decision by the employer; (B) review pertinent documents; and (C) submit issues and comments in writing. The decision by the employer following such review shall be made no later than 30 days after the date of receipt by the employer of the request for review (or 60 days, if additional information is required), and shall be conclusive as to all persons affected thereby.
8. Such decisions shall be in writing and shall include both specific reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent plan provisions on which the decision is based.
9. Employer's Administrative Representative. The plan of each separate participating employer shall be administered at the direction of the governing body of the employer. The employer shall establish the terms and provisions of the plan covering its employees and shall submit such terms to the Administrator for approval and acceptance according to the terms hereof. Each employer shall appoint a Chief Administrative Officer and/or a Retirement Committee to assist in the administration of the employer's Plan. Any action to be taken by an employer under this Master Plan will be deemed to be the valid action of the employer if taken by the Chief Administrative Officer or Retirement Committee appointed by the employer.
10. The employer shall supply to the Administrator such records as may be necessary for the determination of the status of each participant and the presumptive share of each participant in the plan and trust fund. The Administrator shall be charged with the performance of the general duties set forth in the Master Plan, but the employer shall have the authority by general rule or special decision to determine and make provisions for such items necessary for the proper carrying out and enforcement thereof that are not specifically provided by this Master Plan, at all times subject to change, however, by proper resolution or ordinance.
(Ord. 253, 2/3/1997, Administrative Provisions, Chapter 1, Art. II)