Chapter 2 ADMINISTRATION*



Section 2-186 Definitions.

 

    The following words, terms and phrases, when used in this  article, shall have the meanings  ascribed to them in this section, except where the context clearly indicates a different meaning:

        Beneficiary means the person, persons, or legal entities entitled to receive benefits under the Plan and this Trust which become payable in the event of the Member's death.

        Break-in-service means an employee incurs a "break-in-service" if, prior to paying  assessments into the fund for a period of less than ten (10) years, the employee terminates  employment with the City.

        City means the City of Thomasville.        

        Class A: The designation Class A shall be used  to indicate those members for whom Social  Security coverage is not carried by the City.

        Class B: The designation Class B shall be used to indicate those members for whom Social  Security coverage is carried by the City and hired prior to January 1, 1997.

        Class C: The designation Class C shall be used to indicate those members for whom Social  Security coverage is carried by the City and hired after December 31, 1996 and before June 1, 2000.

        Code means the Internal Revenue Code of 1986, as amended, and includes any applicable  regulations thereunder.

        Compensation means the monthly salary paid a member by the City for work performed  arising from that employment:

    (a) For all purposes under this Article, the member's compensation or gross compensation contributed as employee-elective salary reductions or deferrals to any salary reduction, deferred  compensation, or tax-sheltered annuity program authorized under the Internal Revenue Code shall be deemed to be the compensation or gross compensation which the member would receive if he or  she were not participating in such program and shall be treated as compensation for retirement  purposes under this Plan.  Any public funds otherwise paid by the City into an employee's salary reduction, deferred compensation, or tax-sheltered annuity program on or after July 1, 1990 (the date as of which all employers were notified in writing by the division to cease making contributions to the System Trust Fund based on such amounts), shall be considered a fringe  benefit and shall not be treated as compensation for retirement purposes under this chapter.

    (b) For any person who first becomes a Member on or after July 1, 1996, compensation for any  plan year shall not include any amounts in excess of the Section 401(a)(17), Internal Revenue Code limitation (as amended by the Omnibus Budget Reconciliation Act of 1993), which limitation of $150,000 effective July 1, 1996, shall be adjusted as required by federal law for qualified  government plans and shall be further adjusted for changes in the cost of living in the manner  provided by   401(a)(17)(B), Internal Revenue Code. For any person who first became a member  prior to July 1, 1996, compensation for all plan years beginning on or after July 1, 1990, shall not  include any amounts in excess of the compensation limitation (originally $200,000) established by s. 401(a)(17), Internal Revenue Code prior to the Omnibus Budget Reconciliation Act of 1993,  which limitation shall be adjusted for changes in the cost of living since 1989, in the manner  provided by   401(a)(17) of the Internal Revenue Code of 1991.  This limitation, which has  been  part of the Plan since plan years beginning on or after July 1, 1990, shall be adjusted as required  by federal law for qualified government plans.

        Creditable service of any member means the sum of his  past service, prior service, military service, workers' compensation credit, and future service allowed within the provisions of this Plan  if all required salary assessments have been paid in full and all other requirements of this Plan have been met.  However, in no case shall a member receive credit for more than a year's service during any 12month period. For purposes of the definition of creditable service, monthly service credit under the Plan shall be awarded for each month of service performed during a calendar month in which the member received compensation and paid all salary assessments into the Pension Plan.

         Date of participation means the date on which the employee becomes a member.

        Early retirement for Class A and Class B members means a plan participant who has  attained the age of fifty-five (55) and has at least twenty (20) Years of Service (as defined  in  Section 2-186) in the Pension Plan at the time of his retirement.  Early retirement for Class C  members means a plan participant who has attained the age of sixty (60) and has at least ten (10) years Years of Service (as defined in Section 2-186)  in the Pension Plan at the time of his  retirement.

        Employee means all persons performing regular service in the employ of the City, in each and  all departments thereof, except the Mayor and members of the City Council, who are performing  services in elective positions, as well as the following part-time employees, to wit: the City attorney  and the City auditor.

        Employees of public schools: Employees of the public schools of the City of Thomasville are  employees of a separate entity, the Thomasville Boare of Education,  and are not included.

        Management means the City manager and/or the Utilities Superintendent.

        Member means all employees who have qualified under the terms of this chapter.

        Plan means Article V, Division 3, Section 2-186 -2-198 of the Code of the City of Thomasville, as may be amended from time to time.

        Plan Year means the period of time beginning  January 1 and ending on the following  December 31, both dates inclusive, for the Plan.

        Prior Service under this plan means service for which the member had credit under the plan  and received a refundof his or her contributions upon termination of employment with the City.   The service must have been a service that was credited under the plan and the member must have terminated employment with the City and received a refund pursuant to the provisions of this plan.

        Salary means the salary received from the standard  payroll period, exclusive of overtime pay.  Salary shall include merit or other bonuses received for the performance of duties.

        Vested means the guarantee that a member is eligible to receive a future retirement benefit  upon completion of the required years of creditable service for the employee's class of Membership, even though the Member may have terminated covered employment before reaching  normal or early retirement date.  Being vested does not entitle a member to a disability benefit  based on a disability caused by an injury or disease that occurs after termination of employment.

        Years of service means any twelve (12) consecutive months of membership in the pension  fund. Fractional years of service shall be computed to the nearest full month.

(Ord. of 12-23-96(1),  I; Ord. of 10-12-98    I--III; Ord. of 2-8-99; Ord of 2-26-01; TQM Code update, 10-11-04)

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(TQM Code Update - Ch2, Amended, 10/11/2004, Prior Text; 2001 (2-186), Amended, 02/26/2001, Prior Text; 1999 (2-186), Amended, 02/08/1999, Prior Text)