Section
Article I. City of Flint Defined Contribution Pension Plan
35-1 Establishment of City of Flint Defined Contribution Pension Plan
35-2 – 35-5 Reserved
Article II. Retirement System
35-6 Definitions
35-7 Established
35-8 Administration of system; Board of Trustees; composition
35-9 Trustees’ term of office; oath of office
35-10 Board vacancy; how filled
35-11 Meetings of Board; records; compensation
35-12 Quorum of Board; vote
35-13 Officers and employees of Board
35-14 Annual report of Board; adoption of experience tables; data to be kept by Secretary
35-15 Membership of system
35-15.1 Election to terminate participation in the City of Flint employees retirement system and to participate in the City of Flint Defined Contribution Pension Plan; irrevocability
35-16 Former plan police officers and firefighters
35-16.1 Increase in benefits for Charter plan firefighters
35-16.1.1 Increase in benefits for Charter retirees
35-16.2 Increase in benefits for persons retired pursuant to former City Charter
35-16.2.1 Blue Cross/Blue Shield coverage for eligible surviving spouses of Charter pension retirees
35-16.3 Increase in service pensions
35-16.4 Additional annual payment; determination and distribution thereof; eligible retirants
35-16.5 Contingent benefit payment for eligible Charter plan retirees
35-17 Termination of membership; reinstatement
35-18 Service credit
35-18.1 Credit for certain prior City service (CETA)
35-19 Credit for time in armed services
35-19.1 Emergency reemployment
35-20 Creating member’s service account
35-21 Voluntary retirement
35-22 Mandatory retirement — general member; firefighter
35-22.1 Mandatory retirement — police officer member
35-23 Age and service pension — general members
35-23.1 Age and service pension — “pop- up” options for certain general members
35-23.2 Definitions
35-23.3 Plan participation
35-23.4 Alternative pension plan description
35-23.5 Hurley modified contributory plan
35-23.6 Termination and transfer of participation in the retirement system to the Municipal Employees Retirement System of Michigan of certain Hurley Medical Center participants
35-24 Age and service pension — firefighters
35-24.1 Age and service pension — police officers
35-25 Deferred pension
35-26 Pension options
35-26.1 Actuarial equivalencies
35-27 Retirement for total and permanent disability
35-28 Disability pension — general member
35-29 Disability pension — police officers and firefighters
35-30 Examination of disability retirants; restoration of disability retirant to service
35-31 Ordinary death pension — general members, police officers
35-31.1 Ordinary death pension — firefighters
35-32 Death in the line of duty — general members, police officers
35-32.1 Death in the line of duty — firefighters
35-33 Offset of workers’ compensation benefits against pensions
35-34 Refunds of accumulated contributions
35-34.1 Eligible rollover distributions
35-35 Employee savings fund
35-36 Retirement reserve fund
35-37 Pension reserve fund
35-38 Expense fund
35-39 Management of funds of system
35-40 Allowance of regular interest
35-41 Assignments prohibited; exceptions
35-42 Correction of errors in records
35-43 Subpoena attempt
35-44 Hearings; findings; review of Board actions
35-45 Waiver of privilege
35-46 Internal Revenue Code qualifications
35-46.1 Termination of retirement system
35-46.2 Benefit limitations
35-46.3 Diversion of assets prohibited
35-46.4 Commencement and payment of pensions
35-46.5 Uniformed service requirements
Article III. Residency Requirements
35-47 Residency within City required
35-48 “Residence” defined
35-49 Enforcement; development of criteria for determining domicile
35-50 Waiver of residency requirements
35-51 Requests for waivers
35-52 Residency requirements for levels 23 and above
35-53 Residency requirements for levels 22E and below
35-54 – 35-61 Reserved
Article IV. Uniform Pay Plan
35-62 Applicability of classifications of Personnel Director
35-63 Compensation plan; payment schedule; contracts with bargaining units
35-64 Compensation schedules
35-65 Reserved
35-66 Part-time employees
35-67 Appointive officers’ salaries
35-68 Unclassified Service pay rates; employment contracts for Ombudsman’s appointees
35-69 School crossing guards
35-70 Credit towards step advancements
35-71 Normal workweek
35-72 Overtime generally
35-72.1 Emergency call-in pay
35-73 Appointive officials — fringe benefits and working conditions
35-74 Night bonus
35-75 Employees exempt from overtime provisions
35-76 Overtime, holiday rates and night bonuses not to be paid for same work
35-77 On-call or stand-by employees
35-78 Reserved
35-79 Changes in compensation caused by reclassification or reallocation
35-80 Indemnification of officials, appointees and employees
35-81 Insurance
35-82 Armed service credit
35-83 Same — probationary employee
35-84 Reserved
Article V. Working Conditions
35-85 Definitions
35-86 Purpose
35-87 Annual leave
35-88 Sick leave
35-88.1 Workers’ compensation supplemental benefits
35-88.A.1 Sick leave for unrepresented classified employees
35-88.A.2 Same — extended sick leave without pay
35-88.A.3 Same — return from sick leave
35-89 Holidays
35-90 Tuition reimbursement
35-91 Military leave
35-92 Jury duty
35-93 Bereavement leave
35-94 Suspension of nonessential services
35-95 Crediting of annual leave accumulations while in armed service
35-96 Accumulation of sick leave while in armed services
35-97 Employees not to receive compensation for time not expended in City service
35-98 Conversion of annual salary to hourly rate; employees employed in dual classifications
35-99 Reserved
35-100 Benefits not available to part-time, temporary interim or contractual employees; exception as to annual leave
35-101 Civil Service Commission — created; composition
35-102 Same — selection members
35-103 Same — qualifications of candidates
35-104 Same — submission of nominating petition by candidate
35-105 Same — election of member by Board of Hospital Managers employees
35-106 Same — powers, duties and terms
35-107 Same — election; run-off
35-108 Same — form of subpoena by Civil Service Commission
35-109 Same — refusal to comply with subpoena
35-110 Conditions under which person having a family relationship to department or division head may be employed
35-111 Criminal history background checks of all employees and volunteers representing the City of Flint at the Berston Field House, Brennan Community Center, Haskell Community Center, Hasselbring Senior Center and Pierce Community Center
Cross-reference:
Administration, see Ch. 2
Pensions, authority to provide, see Chart. Section 1-503
ARTICLE I. CITY OF FLINT DEFINED CONTRIBUTION PENSION PLAN
The City of Flint Employees Defined Contribution Pension Plan is created by this article. The terms and conditions are described in the ICMA plan documents. These documents are on file with the City Clerk and adopted by resolution of the Flint City Council.
(a) Effective date. The effective date of this article and the City of Flint Defined Contribution Pension Plan shall be September 1, 2002.
(b) Implementation date. The implementation date of the City of Flint Defined Contribution Pension Plan shall be established by resolution.
(c) Plan year. The first plan year for the City of Flint Defined Contribution Pension Plan shall be the partial year commencing the effective date and ending on December 31, 2002. Thereafter, the plan year shall be the calendar year.
(d) Eligible employees. Employees eligible to participate in the City of Flint Defined Contribution Pension Plan shall be all employees of the City hired after the implementation date who are not members of a recognized bargaining unit and not employed by the Board of Hospital Managers, as long as the employees are not employed in a position that is part-time, seasonal, temporary, provisional or school crossing guards. This definition includes persons employed as members of the City Council, Judges of the 68th Judicial District, the City Administrator, appointees of the City Council, appointees of the Ombudsman, and appointees serving at the pleasure of the Mayor, provided that, as to Judges of the 68th Judicial District, compensation shall be limited to the portion of annual compensation paid by the City.
(e) Eligibility conditions. An eligible employee who was hired by the City prior to the implementation date shall have an opportunity to elect irrevocably to terminate his or her membership in the employees retirement system, commence participation in the City of Flint Defined Contribution Pension Plan and transfer the actuarial present value of his or her accrued benefit under the employees retirement system to an individual account to be administered on his or her behalf in the City of Flint Defined Contribution Pension Plan. Any eligible employee whose employment with the City commences on or after the implementation date shall become a participant in the City of Flint Defined Contribution Pension Plan on his or her employment commencement date. An employee of the City who transfers employment into the class of eligible employees after the implementation date shall have a 30-day period commencing on the date of his or her transfer into the class of eligible employees to make the elections described in the first sentence of this subsection.
(f) Vesting. A participant’s employee contribution account, including interest in the account balance, if any, derived from assets transferred on his or her behalf from the employees retirement system, shall be fully vested and non-forfeitable at all times.
(g) Limitations on allocations of contributions. In the event that a participant participates in more than one qualified pension plan, the participant’s contributions under this plan shall be reduced, if necessary, to satisfy the limitations of Section 415 of the Code.
(h) Appointment of plan administrator. By resolution of its Council the City shall designate a plan administrator for the City of Flint Defined Contribution Pension Plan, which designation can be altered or amended from time to time.
(i) Receipt of assets transferred from employees retirement system. The City of Flint Defined Contribution Pension Plan shall accept transfers of the actuarial present value of an electing eligible employee’s accrued benefit under the employees retirement system and shall credit those assets to the individual account maintained for the eligible employee under the City of Flint Defined Contribution Pension Plan.
(Ord. 3496, passed 6-10-2002; Ord. 3498, passed 7-22-2002; Ord. 3583, passed 6-24-2004)
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