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(a) Applicability. The modifications set forth in this section are operative May 1, 2009 and apply to disabled persons receiving Dependent Child benefits provided under any tier.
(b) Elimination of the Marriage Penalty. No person shall be disqualified as a Dependent Child due to the fact that the person is married, was previously married, or subsequently marries. This provision shall apply to all persons who are Dependent Children on the operative date of this section and to all applications for Dependent Child benefits on or after this date. The benefits payable for any Dependent Child who was previously disqualified due to his or her marriage may, on request, be reinstated as of this operative date.
(c) Elimination of the Adoption Penalty. No person shall be disqualified as a Dependent Child due to the fact that the person has been adopted by a person of the same gender as the Plan Member or Retired Plan Member. This provision shall apply to all persons who are Dependent Children on the operative date of this section and to any applicant for Dependent Child benefits on or after this date. The benefits payable for any Dependent Child who was previously disqualified due to his or her adoption may, on request, be reinstated as of this operative date.
(d) Payment Options For Benefits Belonging to the Dependent Child. The following payment options, as applicable, shall be available under all tiers for Dependent Child benefits that are the property of the Dependent Child, provided that these payment options shall not apply to Dependent Child benefits that, under the provisions of the applicable tier, are the property of the Qualified Survivor:
(1) Upon the Dependent Child's request, benefits may be paid directly to the Dependent Child if the Board is satisfied, based upon such evidence as the Board considers sufficient, that the Dependent Child is an adult who is capable of managing his or her own financial affairs, provided that the Board may terminate direct payment to a Dependent Child upon receipt of evidence that he or she is no longer capable of managing his or her own financial affairs; or
(2) Dependent Child benefits that are the property of a person, who is either a minor or an adult whom the Board has not determined to be capable of managing his or her own financial affairs, shall be paid to the guardian or conservator of the Dependent Child's estate, as applicable, unless the Board authorizes payment to the trustee of a trust as provided below; or
(3) The Board may authorize payment to the trustee of a trust that meets the criteria of 42 U.S.C. Section 1396p(d)(4)(A), (B) or (C), after having determined it is in the best interest of the Dependent Child to do so, based upon the request of:
(A) The Dependent Child or the Dependent Child's agent pursuant to a durable power of attorney, provided that the Dependent Child is an adult with the capacity to manage his or her own financial affairs; or
(B) The parent or grandparent of the Dependent Child, if the Dependent Child does not have a guardian or conservator of his or her estate or person and is either a minor or an adult who is not capable of managing his or her own financial affairs; or
(C) The conservator or guardian of the Dependent Child's estate or, if none, the conservator or guardian of the Dependent Child's person.
(e) Effect on Future Tiers. The provisions of this section shall apply to all new tiers of the Plan that may be enacted in the future, unless expressly provided otherwise.
(f) Board Authority to Adopt Rules. The Board is authorized to adopt any rules necessary to implement these changes.
SECTION HISTORY
Added by Charter Amendment C, approved March 3, 2009, effective April 1, 2009.
The Council may, by ordinance, amend the Fire and Police Pension Plan and the provisions of any and all Tiers of the Plan to incorporate provisions of federal laws and regulations required to maintain the tax-qualified status of the Fire and Police Pension Plan. The Council also may enact ordinances to modify or repeal such provisions. Ordinances adopted pursuant to this section shall be adopted in the manner provided in Charter Section 1618(b). It is the intent of this section to facilitate compliance with the provisions of federal laws affecting the Fire and Police Pension Plan.
SECTION HISTORY
Added by Charter Amendment G § 4, approved March 8, 2011, effective April 8, 2011.
(a) Council Authority. The Council may by ordinance establish an Excess Benefit Plan to supplement the benefits of certain employees under the various Tiers of the Plan to the extent such benefits are reduced by the limitations on benefits imposed by Section 415 of the Internal Revenue Code of 1986 as amended. The terms and conditions of any Excess Benefit Plan adopted under the authority of this section shall be substantially the same as those of the Excess Benefit Plan established in Los Angeles Administrative Code Section 4.2021 for Tier 5. If the Council establishes an Excess Benefit Plan, the Excess Benefit Plan must be established as a "qualified governmental excess benefit arrangement" within the meaning of Section 415(m) of the Internal Revenue Code and, once established, may be amended by the Council by ordinance to comply with the Code requirements to maintain such qualification and status.
(b) Mode of Adoption. Ordinances adopted under this section shall be adopted in the manner provided in Section 1618(b).
SECTION HISTORY
Added by Charter Amendment G § 5, approved March 8, 2011, effective April 8, 2011.
If at any time federal or state law should become preemptive or controlling with respect to the provisions of this Plan or the provisions of any Tier, the Board shall have the power to adopt such rules as may be necessary to comply with such federal or state law. Such rules shall be adopted upon the advice and with the concurrence of the City Attorney.
SECTION HISTORY
Added by Charter Amendment G § 6, approved March 8, 2011, effective April 8, 2011.
The Board of Fire and Police Pension Commissioners shall have the authority to declare a forfeiture of all monies, including but not limited to contributions, interest thereon and benefits, that become payable or distributable from the Plan to any owner who either cannot be found or refuses to accept the payment or distribution of such monies within ten years of the date such monies become payable or otherwise distributable from the Plan. However, at the discretion of the Board, a person may be relieved from a forfeiture declared under this section. The Board may delegate its authority to declare a forfeiture of money or its discretion to relieve a person from a forfeiture of money to the general manager of the Department of Fire and Police Pensions pursuant to rules adopted by the Board.
SECTION HISTORY
Added by Charter Amendment G § 7, approved March 8, 2011, effective April 8, 2011.
Notwithstanding any provision of any Tier to the contrary, the unfunded liabilities of the Fire and Police Pension Plan, and of each Tier of the Plan, shall be funded in accordance with the actuarial funding method adopted by the Board upon the advice of its consulting actuary. With the advice of the consulting actuary, the Board shall establish amortization policies for unfunded actuarial accrued liabilities and surpluses.
SECTION HISTORY
Added by Charter Amendment G § 8, approved March 8, 2011, effective April 8, 2011.
(Formerly Article XVII)
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