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Should any change in the records result in any member, retirant or beneficiary receiving from the retirement system more or less than he or she would have been entitled to receive had the records been correct, the Board of Trustees shall correct the error and as far as practicable shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid; provided, however, that for errors discovered on or after July 1, 2009 a person receiving more than he or she would have been entitled not as a result of non-disclosure, fraud or misrepresentation shall not have the payments occurring more than one year prior to discovery of the error considered in the adjustment. Notwithstanding the foregoing, if the person or the person through whom that person is due benefits: (1) provided incorrect information which caused the error, (2) failed to provide information that was necessary to calculate the payment correctly, (3) caused the providing of incorrect information or failed to provide necessary information, or (4) knew or reasonably should have known that he or she was in receipt of an erroneous payment, all such payments, including payments occurring more than one year prior to the discovery of the error, shall be considered in the adjustment.
(Ord. 1860, passed 8-16-1965; Ord. 3758, passed 7-27-2009)
The Board of Trustees, or its duly authorized representative shall have the power to administer oaths and to subpoena witnesses to appear and testify or to produce books and papers which relate to questions in dispute. Any person who refuses to obey such a subpoena or who refuses to be sworn and testify or who fails to produce books and papers touching upon any material matter, or any witness party or attorney who is guilty of any contempt while in attendance at any hearing held under the retirement plan, may be punished as for contempt in court. For these purposes a court of competent jurisdiction, upon application of the Board of Trustees or its duly authorized representative, shall compel the attendance of witnesses, the production of books and papers and the giving of testimony before the Board of Trustees by attachment for contempt or otherwise in the same manner as the production of evidence may be compelled before the court. No person, having taken an oath or made affirmation in the proceeding, shall swear or affirm, willfully, corruptly or falsely. The District Court is herewith given jurisdiction to try persons for false swearing.
(Ord. 1860, passed 8-16-1965; Ord. 2314, passed 2-24-1969)
(a) All questions arising under the retirement plan shall be determined by the Board of Trustees. In case there shall be any controversy concerning benefits or other rights of a member, retirant or beneficiary, the controversy shall be submitted to the Board of Trustees and the Board of Trustees shall conduct a hearing with relation thereto, at which hearing the City, Recreation and Park Board, Board of Hospital Managers or other division of the City government, and the member, retirant or beneficiary shall be entitled to be heard and at which such proofs and evidence may be presented as the parties shall desire. Parties before the Board of Trustees shall have the right to be represented by an attorney at law.
(b) The findings of fact and factual determination made by the Board of Trustees acting within its powers shall, in the absence of fraud, be conclusive, but the Circuit Court for the County shall have the power to review questions of law involved in any final decision or determination of the Board of Trustees; provided, that application is made by a party within 30 days after the decision or determination by certiorari, mandamus or by any other method permissible under the rules and statutes of the court or the laws of this State, and to make such further orders in respect thereto as justice may require.
(Ord. 1860, passed 8-16-1965)
Any beneficiary or claimant of benefits shall be required in applying for the benefits to make full and complete disclosure as to all physicians and others from whom he or she has received medical treatment, attention or examination with respect to any injury or disease to a member involved in any claim which may have relation to the claim for benefits, and similarly, shall make further disclosure as to all hospitals or institutions at which the member may have received any treatment or examination within a reasonable time, to be determined by the Board of Trustees, prior to the application. The beneficiaries or claimants in the application shall likewise execute a full and complete waiver of any privilege with respect to any such records, treatments or examinations that might otherwise accrue to the applicant or member. The member or applicant shall, in addition, expressly consent that any person, professional or otherwise, having knowledge of the condition of the member, or the facts concerning the claim, may testify. In the event that any applicant or member shall refuse to execute the waiver and consent, or shall refuse to permit the production of the testimony or records, or shall conceal the existence of the evidence from the Board of Trustees, he or she shall thereupon forfeit any right to any benefit under the retirement system, excepting for a refund of his or her membership contribution computed as otherwise provided in this chapter. All applications for benefits shall be executed under the oath of the applicant.
(Ord. 1860, passed 8-16-1965)
The retirement system is intended and has been administered to be a qualified pension plan under § 401 of the IRC, as amended, or successor provisions of law, including the Tax Reform Act of 1986 (TRA '86); the Technical Miscellaneous Revenue Act of 1988 (TAMRA); the Unemployment Compensation Amendments of 1992 (UCA); the Omnibus Budget Reconciliation Act of 1993 (OBRA); the Uniformed Service Employment and Reemployment Rights Act of 1994 (USERRA); the Uruguay Round Agreements Act of 1994 (GATT); the Small Business Job Protection Act of 1996 (SBJPA '96); the Taxpayer Relief Act of 1997 (TRA '97); the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA '98); the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA); the Job Creation and Workers Assistance Act of 2002 (JCWAA); the Pension Fund Equity Act of 2004 (PFEA); the Pension Protection Act of 2006 (PPA); the Heroes Earnings Assistance and Relief Tax Act of 2008 (WRERA); and related law, regulations and administrative authority. The retirement system is a governmental plan under IRC § 414(d) and is administered for the exclusive benefit of the plan’s participants and their beneficiaries. The retirement system trust is an exempt organization under IRC § 501. The retirement system shall operate and be administered so as to fulfill the purpose of maintaining a tax-qualified retirement system.
(Ord. 3819, passed 2-16-2012)
In the event the retirement system is discontinued, terminated or partially terminated, all members shall immediately become fully vested in their benefits to the extent funded. The discontinuance or termination shall be carried out in all respects in conformance with applicable statute, rule or regulation of the Federal government or State of Michigan, or any duly constituted agency thereof.
(Ord. 3297, passed 5-22-1995)
(a) Maximum annual earnings. For plan years beginning on or after January 1, 1989 and before July 1, 1996, the annual compensation of each plan participant taken into account for determining all benefits provided under the plan for any determination period shall not include any amounts in excess of the annual compensation limit (originally $200,008.00) provided for in IRC § 401(A)(17) prior to the Omnibus Budget Reconciliation Act of 1993 and adjusted for inflation in the manner provided by IRC § 401(A)(17). For plan years beginning on or after July 1,1996, the annual compensation of each employee taken into account shall not exceed the annual compensation limit provided for in IRC § 401(A)(17), as amended by OBRA '93. This limit may be adjusted as required by federal law for qualified government plans and shall be further adjusted for inflation in the manner provided by IRC § 401(A)(17). Annual compensation means compensation during the plan year or such other consecutive 12 month period over which compensation is otherwise determined under the plan. The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year.
(b) Defined benefit plans. The maximum permissible annual pension benefit with respect to any member shall be in accordance with IRC § 415(B) which provides that such annual pension benefits shall not exceed $90,000, as adjusted for inflation, pursuant to IRC § 415(B) (the “dollar limit”).
(1) Special dollar limitations. If the benefit is payable prior to age 62, the dollar limitation shall be reduced to the actuarial equivalent of a benefit commencing at age 62. In the case of any full-time public safety employee, who is a qualified participant as defined in IRC § 415(B)(2)(G), there is no reduction in the dollar limitation. If the benefit is not payable until after age 65, the dollar limitation shall be increased to the actuarial equivalent of a benefit commencing at age 65.
(2) In the case of an employee who has less than ten (10) years of participation in the plan, the dollar limitation shall be reduced 1/10 for each year of participation in accordance with IRC § 415(B)(5).
(c) Excess benefit payment. The retirement system shall not pay any benefit that would exceed the benefit limitations for governmental plans as set forth in IRC § 415 and regulations, as amended.
(d) Compensation. As defined by IRC § 415(C)(3)(D) and Treas. Reg. § 1.415-2(D)(2)(I), compensation means amounts actually paid to the employee during the limitation year, including: wages, salary, professional fees, percentage of profits, commissions, tips and bonuses paid or made available to the member during the limitation year for personal services actually rendered in the course of employment, any elective deferral, and any amount which is contributed or deferred by the employer at the election of the employee and which is not includable in the gross income of the employee by reason of IRC §§ 125, 132(F) or 457.
(Ord. 3297, passed 5-22-1995; Ord. 3592, passed 6-24-2004; Ord. 3817, passed 2-16-2012)
All assets of the retirement system shall be held and invested for the sole purpose of meeting the legitimate obligations of the retirement system and shall be used for no other purpose. No part of the assets shall be used for or diverted to purposes other than for the exclusive benefits of members and beneficiaries prior to satisfaction of all retirement system obligations.
(Ord. 3297, passed 5-22-1995)
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