(a) Appointment and Authority of Plan Administrator. Council shall appoint a Plan Administrator, which shall be the Pension Plan Committee. The Plan Administrator shall have the power and authority to do all acts and to execute, acknowledge and deliver all instruments necessary to implement and effectuate the purpose of this Plan. The Plan Administrator may delegate authority to act on its behalf to any persons it deems appropriate. If the Council does not appoint a Plan Administrator, the employer shall be the Plan Administrator.
(Ord. 2138. Passed 3-15-93.)
(b) Membership of Pension Plan Committee. If Council appoints a Pension Plan Committee, such Committee shall consist of the President of Council, the Manager, the Chairperson of the Administration Committee of Council, the Public Works Director, the Electric Department Director and three employees (two from the Laborer's Union and one from the Clerical Union) chosen by the participants. Each member of the Pension Plan Committee shall serve in that capacity until the earliest of resignation, death, removal or otherwise. Each member may resign by delivering written notice to Council and the other members of the Pension Plan Committee. Vacancies on the Pension Plan Committee shall be filled in the same manner as the original appointment was made, provided, however, that the remaining members of the Pension Plan Committee shall have full power to act pending the filling of such vacancies.
(Ord. 2154. Passed 12-19-94; Ord. 2322. Passed 3-17-03.)
(c) Powers and Duties of Plan Administrator. The Plan Administrator shall have full power and authority to do whatever shall, in its judgment, be reasonably necessary for the proper administration and operation of the Plan. The interpretation or construction placed upon any term or provision of the Plan by the Plan Administrator or any action of the Plan Administrator taken in good faith shall, upon the Council's review and approval thereof, be final and conclusive upon all parties thereto, whether employees, participants or other persons concerned. By way of specification and not limitation, and except as specifically limited hereafter, the Plan Administrator is hereby authorized:
(1) To construe this Plan;
(2) To determine all questions affecting the eligibility of any employee to participate herein;
(3) To compute the amount and source of any benefit payable hereunder to any participant or beneficiary;
(4) To authorize any and all disbursements;
(5) To prescribe any procedure to be followed by any participant and/or other person in filing any application or election;
(6) To prepare and distribute, in such manner as may be required by law or as the Administrator deems appropriate, information explaining the Plan;
(7) To require from the employer or any participant such information as shall be necessary for the proper administration of the Plan; and
(8) To appoint and retain any individual to assist in the administration of the Plan, including such legal, clerical, accounting and actuarial services as may be required by any applicable law or laws.
The Plan Administrator shall have no power to add to, subtract from or modify the terms of the Plan or to change or add to any benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for benefits under the Plan. Further, the Plan Administrator shall have no power to adopt, amend or terminate the Plan, to select or appoint any trustee or to determine or require any contributions to the Plan, said powers being exclusively reserved to Council.
(d) Organization of Pension Plan Committee. The Pension Plan Committee, if one is appointed, may organize itself in any manner deemed appropriate to effectuate its purposes hereunder, subject to the following:
(1) The Committee shall act by a majority of its members at the time in office and such action may be taken either by vote at a meeting or in writing without a meeting.
(2) The Committee shall, from time to time, appoint a Chairperson, a Secretary, who may be, but need not be, a Committee member, and such other agents as it may deem advisable.
(3) The Committee may, from time to time, authorize any one or more of its members to execute any document or documents, including any application, request, certificate, notice, consent, waiver or direction, and shall notify Council, in writing, of the name or names of the member or members so authorized. In the absence of a designation, the Chairperson shall be deemed to be so authorized. Any trustee or other fiduciary appointed hereunder shall accept and be fully protected in relying upon any document executed by the designated member or members (or the Chairperson in the absence of a designation) as representing a valid action by the Committee until the Committee files with such fiduciary a written revocation of such designation.
(4) The Committee or its delegate shall maintain and keep such records as are necessary for the efficient operation of the Plan or as may be required by any applicable law, regulation or ruling and shall provide for the preparation and filing of such forms or reports as may be required to be filed with any governmental agency or department and with the participants and/or other persons entitled to benefits under the Plan.
(e) Compensation and Expenses of Committee Members. The Committee members shall each serve without compensation for services, unless otherwise agreed by Council in writing. All reasonable expenses incident to the functioning of the Committee, including, but not limited to, fees of accountants, counsel, actuaries and other specialists, and other costs of administering the Plan, may be paid from the Pension Fund upon approval by Council, to the extent permitted under applicable law and not otherwise paid by the employer.
(f) Liability. No member of Council, nor the Plan Administrator, the enrolled actuary or any other person involved in the administration of the Plan, shall be liable to any person on account of any act or failure to act, which is taken or omitted to be taken in good faith, in performing their respective duties under the terms of this Plan. To the extent permitted by law, the Borough shall, and hereby does agree to, indemnify and hold harmless each present member of the Committee and each successor thereof and each of any such member's heirs, executors and administrators, and the Committee's delegates and appointees (other than any person, bank, firm or corporation which is independent of the Borough and which renders services to the Plan for a fee), from any and all liability and expenses, including counsel fees, reasonably incurred in any action, suit or proceeding to which he or she is or may be made a party by reason of being or having been a member, delegate or appointee of the Committee, except in matters involving criminal liability or intentional or willful misconduct. If the Borough purchases insurance to cover claims of a nature described above, then there shall be no right of indemnification, except to the extent of any deductible amount under the insurance coverage or to the extent of the amount the claims exceed the insured amount.
(g) Approval of Benefits. The Plan Administrator shall review and approve or deny any application for retirement benefits within thirty days following receipt thereof or within such longer time as may be necessary under the circumstances. Any denial of an application for retirement benefits shall be in writing and shall specify the reason for such denial.
(h) Appeals. Any person whose application for retirement benefits is denied, who questions the amount of benefit paid, who believes a benefit should have commenced which did not so commence, or who has some other claim arising under the Plan ("claimant"), shall first seek a resolution of such claim under the procedure hereinafter set forth.
(1) Any claimant shall file a notice of the claim with the Plan Administrator, which notice shall fully describe the nature of the claim. The Plan Administrator shall review the claim and make an initial determination approving or denying the claim.
(2) If the claim is denied, in whole or in part, the Plan Administrator shall, within ninety days (or such other period as may be established by applicable law) from the time the application is received, mail notice of such denial to the claimant. Such ninety-day period may be extended by the Plan Administrator, if special circumstances so require, for up to ninety additional days, by the Plan Administrator's delivering notice of such extension to the claimant within the first ninety-day period. Any notice hereunder shall be written in a matter calculated to be understood by the claimant and, if it is a notice of denial, shall set forth the specific Plan provisions on which the denial is based, an explanation of additional material or information, if any, necessary to perfect such claim and a statement of why such material or information is necessary, and an explanation of the review procedure.
(3) Upon receipt of notice denying the claim, the claimant shall have the right to request a full and fair review by Council of the initial determination. Such request for review must be made by notice to Council within sixty days of receipt of such notice of denial. During such review, the claimant or a duly authorized representative shall have the right to review any pertinent documents and to submit any issues or comments in writing. Council shall, within sixty days after the receipt of the notice requesting such review (or in special circumstances, such as where Council in its sole discretion holds a hearing, within 120 days of receipt of such notice), submit its decision, in writing, to the person or persons whose claim has been denied. The decision shall be final, conclusive and binding on all parties, shall be written in a manner calculated to be understood by the claimant and shall contain specific references to the pertinent Plan provisions on which the decision is based.
(4) Any notice of a claim questioning the amount of a benefit in pay status shall be filed within ninety days following the date of the first payment which would be adjusted if the claim is granted, unless the Plan Administrator allows a later filing for good cause shown.
(5) A claimant who does not submit a notice of a claim or a notice requesting a review of a denial of a claim within the time limitations specified above shall be deemed to have waived such claim or right to review.
(Ord. 2138. Passed 3-15-93.)