For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE PLAN. The benefits in effect at the time of an employee's retirement as provided by the policy or the comprehensive program in place at the time of the employee's retirement or by a substantially equivalent policy or program at the election of the city.
CITY. The City of Marine City, Michigan.
CODE. The Internal Revenue Code of 1986, as amended. Reference to any section or subsection of the Code includes reference to any comparable or succeeding provision of any legislation, which amends or replaces such section or subsection.
COLLECTIVE BARGAINING AGREEMENTS. Any written agreement, supplemental agreement, memorandum of understanding, final arbitrator's decision, judicial decision or decision of any public board or agency, by and between applicable collective bargaining associations and the city, and any amendments, continuations, or renewals, which require the city or any other entity to make payments into group life, health, dental, and/or optical insurance programs for participants who are members of the retirement system of the City of Marine City.
COLLECTIVE BARGAINING ASSOCIATIONS. Those associations, which participate in the plan and trust.
CONTRACT. Any health insurance plan administered by a third party administrator or a commercial insurance carrier and any amendment thereto. However, the city retains the right to terminate such contract and to enter into a substitute contract with a commercial insurance carrier or with a health maintenance organization or preferred provider organization for the purpose of providing benefits under the plan, and any such substitute contract shall be included within the definition of “contract” herein.
CONTRIBUTIONS. The payment required to be made to the trust by the city under the terms of the plan and trust or under authority such as ordinance or City Commission resolution for the purpose of providing group health, dental and optical insurance for retirees and beneficiaries covered by the plan.
DEPENDENT. A retiree participant's unmarried child as “child” is defined in Code § 151(c)(3). Notwithstanding the foregoing, the term DEPENDENT shall not include a child of a retiree participant after the last day of the calendar year during which the child attains the age of 19 years unless such child:
(1) Is permanently disabled, either mentally or physically, provided that the disability arose before the child attained the age of 19 years;
(2) Is incapable of self-sustaining employment;
(3) Is unmarried and dependent on the retiree participant for his or her main support and care; and
(4) Such child's disability has been certified by a physician.
Note: all stipulations set forth in (1) through (4) above must be met to provide dependent coverage beyond the last day of the calendar year during which the child attains the age of 19.
EFFECTIVE DATE. September 17, 2008.
EMPLOYEE. A person employed by the city.
HEALTH CARE BENEFITS. Group health care benefits as currently provided and any other future health care related benefits as may be determined to be part of the plan pursuant to decisions by the city.
INSURANCE CARRIER. A commercial health insurance carrier, health maintenance organization or preferred provider organization or other qualified entity designated by the city to provide benefits under the plan.
PARTICIPANT. Any person meeting the following requirements:
(1) Who was a full-time employee of the City of Marine City on or before December 31, 2007, and who was a member of both the medical plan for active employees and the retirement system of the City of Marine City immediately prior to retirement and who receives benefits from the retirement system of the City of Marine City, and who retired with a service retirement,
OR
(2) (a) Who is a spouse of an individual who meets the requirements in (1) above and, in the case of a surviving spouse, the retiree had elected a joint and survivor form of retirement and nominated his or her surviving spouse as beneficiary of the benefit (the surviving spouse benefit shall not terminate upon remarriage; however coverage shall not extend to the surviving spouse's successive spouse and/or dependents), or
(b) Who is an eligible dependent of an individual who meets the requirements in (1) above, provided their surviving parent is receiving a survivor pension and retiree medical benefits.
AND
(3) Who has commenced participation in the plan pursuant to §§ 33.21 and 33.22 and whose participation has not terminated under other applicable provisions of the plan.
And shall be in accordance with the resolutions and decisions of the trustees, so long as the allowance by the trustees of any such persons to participate in the plan is not prohibited by the insurance laws and regulations of the State of Michigan, the United States Internal Revenue Code, any applicable federal law, and the rules, regulations and court decisions governing those statutes.
Notwithstanding the above, retirees eligible to receive substantially equivalent or better medical benefits from another employer or spouse's employer, at substantially equivalent or less cost to the retiree, may not participate in this plan until eligibility for coverage with the other employer ends. Upon termination of eligibility for coverage with the other employer, the retiree must notify the city of the loss of such coverage within 30 days, in order to obtain coverage under this plan.
During any period of re-employment with the city, the retiree would become covered under the active employee's medical plan and would no longer be eligible for benefits from this plan. Upon termination of employment, the retiree would again become eligible under this plan.
PLAN. The post-retirement health care benefits plan of the city as described in §§ 33.20 through 33.35 of this chapter and any subsequent amendments, and any contract(s) or other applicable materials incorporated by reference into the plan.
PLAN ADMINISTRATOR. The person, persons, firm, corporation or insurance company or companies, appointed by the Board of Trustees to administer the plan. The Plan Administrator shall be responsible for the administrative functions of the plan and shall carry out the directives of the Board of Trustees.
PLAN YEAR.The period commencing on July 1 and ending on June 30.
RETIREE. An individual receiving benefits from the retirement system of the City of Marine City who retired from employment with the city.
RETIREMENT PLAN.The City of Marine City Retirement System, as provided in Chapter 3 of the City of Marine City Charter, as amended.
SPOUSE. The legal spouse of the retiree who has met all requirements of a valid marriage contract in the state of marriage and is the opposite sex of the person to whom he or she is married, provided that status existed on the retiree's initial retirement date and at the time the expense for which coverage is claimed was incurred.
TRUST.The Trust of the City of Marine City Post-Retirement Health Care Benefits Plan as provided for in §§ 33.50 through 33.62 of this chapter.
TRUSTEES or BOARD OF TRUSTEES. The trustees of the trust of the City of Marine City post-retirement health care benefits plan, as provided for in §§ 33.50 through 33.62 of this chapter, who are designated in the manner provided for in this Trust.
(Ord. 08-03, passed 9-4-2008)