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2009-14 ORDINANCE NO. 2009-14 AN ORDINANCE AlVIENDING CERTAIN SECTIONS OF ARTICLES II AND III, CHAPTER 66 OF THE CODE OF THE CITY OF FAIRFAX VIRGINIA, PERTAINING TO THE RETIRElVIENT PLAN'S ADlVIINISTRA TIVE COJVIlvHTTEE BE IT ORDAINED, by the City Council of the City of Fairfax, that the follovving specified Sec1:iolls and Subsections of Articles II an.d III, Chapter 66,. of the Code OT t:he City of Fair fax", Virginia", are hereby amended to read in their entirety as follovvs: Sec. 66-212. Adminis'trat:ive commit:t:ec. (a) The administrative committee shall consist of the TolloV\Ting seven (7) persons: (I) The city manager; (2) The city finance director; (3) A representative from the city council; (4) An employee representative vvho shall be an eligible employee under the Retirement Plan for General Employees of the City of Fairfax.,. Virginia; (5) An employee representative (public safety) vvho shall be an eligible employee under the Retirement Plan for Public Safety Employees of the City o:t-Fair:f"ax~ Virginia; (6) A retiree curreJ:1tly receiving benefits under either the Retirement Plan for General Employees or Public Safety Employees orthe City orFairfax~ Virginia to be appointed by the city council; and (7) A tax-paying resident of the City or Fairfax to be appointed by the city counciL (b) Council shall appoint alternate committee members for both employee representatives~ and the retiree representative. The appointments or both employee representatives and the retiree representative and their alternates shall be based on the results of elections held ror the positions. Participants ar1d retired participants rron""1 this plan and the Retirement Plan ror Police and Fire Employees of the City of Fairfax~ Virginia~ shall be eligible to vote for their respective representatives a.J:1d alternates. The employee representatives and the retiree representative arld their alternates shall serve for three-year terms~ running from l\Ilarch 1 through February 28~ during ~hich time they may be removed by the council only for good cause shovvn. (c) If the employee representative (public safety) is a member of the police depart.ment~ his alternate shall be a member of the department of fire and rescue services. If the employee representative (public safety) is a member of the department of fire and rescue services~ his alternate shall be a member of the police department. The employee representative (public safety) and his altemate shall rotate positions every three years~ in order that the employee representative (public safety) position may be filled by a member of the police department and a member of the department of fire and rescue services in altemating three-year periods. (d) Any member ot-~the committee may resign at arLY time. Any vacancy shall be filled by the appointment by council of a ne~ member to the committee. (e) The city shall notify the trustee in ""-'Titing or every change in membership of the committee. (f) The city manager shall serve as chairman of the committee u..nless he is not a participant in the plan. In that event" the members oTthe committee shall elect a chairman. They shall also elect a secretary ~ho may be~ but need not be~ a member or the committee. The committee may appoint rrom its membership such su.bcommittees ~ith such po'VVers as the committee shall determine and may authorize one or more or its members or any agent to make~ execute or deliver any instrument on behalf of the committee. Any action or the committee shall be determined by the vote or other expression or a majority of its members_ (g) The committee shall hold at least four meetiJ:1gs annually" upon such notice~ at such place or places and at such time or times as it may Trom time to time determine. :M:eetings may be called by the chairman. or any t~o members. A majority or the members of the committee at the time in office shall constitute a quorum ror the trnnsactioJ:1 of business. (h) All acts and determinations of the committee shall be duly recorded by the secretary thereof and all such records~ together 'VVith such other documents as may be necessary for t.he administration or the plan" shall be preserved in the custody or such secretary. Such records and documents shall at all reasonable times be open ror inspection and for the purpose oT making copies in accordance ~ith applicable Virginia la~. Not'VVithstanding the foregoing~ minutes of closed meetings, personnel documents, medical records of employees, and any records or documents addressing the benefit issues of individual employees shall not be made available for inspection and copying. The records of the proceedings of the committee shall be conclusive proof of the facts of the operation of the plan. (i) No fee or compensation shall be paid to any member of the committee for his services as such. The city shall pay the reasonable expenses of the committee in the administration of the plan. The committee may employ such advisors as it may require in carrying out the provisions of the plan, and pay the salaries, wages, fees, commissions and charges incurred thereby from the fund, unless such expenses are paid by the city. G) The committee shall have the duty and authority to interpret and construe the provisions of the plan, to decide any disputes which may arise with regard to the rights of employees, participants, beneficiaries or contingent annuitants under the terms of the plan, and in general, to direct the administration of the plan. However, the committee shall have no power to modify, alter, add to or subtract from any provisions of the plan. (k) All disbursements from the fund, except for the administrative expenses charged to it by the trustee, shall be made upon, and in accordance with, the written directions of the committee. (1) The committee shall prepare and distribute to the participants, at the expense of the city and in such manner as it shall deem appropriate, information concerning the plan. (m) A certification in writing by the committee, signed by a duly authorized member thereof to the occurrence or happening of any event contemplated in the plan shall constitute conclusive evidence of such occurrence or happening and the trustee shall be fully protected in accepting and relying on such certification and shall incur no liability or responsibility by so doing. (n) The committee shall establish rules and procedures to be followed by the participants and contingent annuitants or beneficiaries in filing applications for benefits and for furnishing and verifying proofs necessary to establish age, years of credited service, compensation, accumulated contributions and any other matters required in order to establish the rights to benefits in accordance with the plan. (0) The committee shall receive all applications for benefits. Upon receipt by the committee of such an application, it shall determine all facts which are necessary to establish the rights of the applicants to benefits under the provisions of the plan and the amount thereof as herein provided. Upon request, the committee will afford any applicant the right of a hearing with respect to any finding or fact or determination. (P) The decision of the committee in any matter within its jurisdiction shall be final, binding and conclusive upon the city and upon each employee, participant, beneficiary, contingent annuitant and other party interested or concerned. Any decision made by the committee in its administration of the plan shall be made on a uniform, equitable and nondiscriminatory basis, equally applicable to all participants in like circumstances. . (q) No member of the committee who is a participant of the plan shall have the right to vote or decide upon any matter relating solely to himself or to any of his rights or benefits under the plan. (r) To enable the committee to perform its functions, the city shall supply full and timely information to the committee of all matters relating to all participants, their length of service, their retirement, death or other cause for termination of employment, and such other pertinent facts as the committee may require for the effective discharge of its duties; and the committee shall advise the trustee of such of the foregoing facts as may be pertinent to its administration of the fund. (s) The committee shall adopt from time to time mortality tables and all other necessary factors for use in all actuarial calculations required in connection with the plan except for such calculations required to determine the city's contributions under this article. (t) Members of the committee and the city shall be entitled to rely upon all tables, valuations, certificates and reports furnished by an actuary designated by the committee or council, upon all certificates and reports made by an accountant selected or approved by council, and upon all opinions given by any counsel selected or approved by council; the members of the committee and council and trustee shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such actuary, accountant or counsel, and any action so taken or suffered shall be conclusive upon each of them and upon all employees, participants or other persons interested in the plan. (u) The members of the committee, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the plan and the city shall indemnify and save them and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct or gross negligence. (Code 1978, ~ 17-117; Ord. No. 2000-29, 11-28-2000; Ord. No. 2002-12, 6-11-2002) Cross references: Boards and commissions, ~ 2-211 et seq. Secs. 66-213--66-230. Reserved. Sec. 66-452. Administrative committee. (a) The administrative committee shall consist of the following seven (7) persons: (1 ) The city manager; (2) The city finance director; (3) A representative from the city council; (4) An employee representative who shall be an eligible employee under the Retirement Plan for General Employees of the City of Fairfax, Virginia; (5) An employee representative (public safety) who shall be an eligible employee under the Retirement Plan for Public Safety Employees of the City of Fairfax, Virginia; (6) A retiree currently receiving benefits under either the Retirement Plan for General Employees or Public Safety Employees of the City of Fairfax, Virginia, to be appointed by the city council; and (7) A tax-paying resident of the City of Fairfax to be appointed by the city council. (b) Council shall appoint committee members for both employee representatives. The appointments of both employee representatives and the retiree representative and their alternates shall be based on the results of elections held for the positions. Participants and retired participants from both plans shall be eligible to vote for their respective representatives and alternates. The employee representatives and the retiree representative and their alternates shall serve for three-year terms running from March 1 through February 28, during which time they may be removed by the council only for good cause shown. (c) If the employee representative (public safety) is a member of the police department, his alternate shall be a member of the department of fire and rescue services. If the employee representative (public safety) is a member of the department of fire and rescue services, his alternate shall be a member of the police department. The employee representative (public safety) and his alternate shall rotate positions every three years, in order that the employee representative (public safety) position may be filled by a member of the police department and a member of the department of fire and rescue services in alternating three-year periods. (d) Any member of the committee may resign at any time. Any vacancy shall be filled by the appointment by council of a new member to the committee. (e) The city shall notify the trustee in writing of every change in membership of the committee. (f) The city manager shall serve as chairman of the committee unless he is not a participant in the plan. In that event, the members of the committee shall elect a chairman. They shall also elect a secretary who may be, but need not be, a member of the committee. The committee may appoint from its membership such subcommittees with such powers as the committee shall determine and may authorize one or more of its members or any agent to make, execute or deliver any instrument on behalf of the committee. Any action of the committee shall be determined by the vote or other expression of a majority of its members. (g) The committee shall hold at least four meetings annually, upon such notice, at such place or places and at such time or times as it may from time to time determine. Meetings may be called by the chairman or any two members. A majority of the members of the committee at the time in office shall constitute a quorum for the transaction of business. (h) All acts and determinations of the committee shall be duly recorded by the secretary thereof and all such records, together with such other documents as may be necessary for the administration of the plan, shall be preserved in the custody of such secretary. Such records and documents, shall at all reasonable times be open for inspection and for the purpose of making copies in accordance with applicable Virginia law. Notwithstanding the foregoing, minutes of closed meetings, personnel documents, medical records of employees, and any records or documents addressing the benefit issues of individual employees shall not be made available for inspection and copying. The records of the proceedings of the committee shall be conclusive proof of the facts of the operation of the plan. (i) No fee or compensation shall be paid to any member of the committee for his services as such. The city shall pay the reasonable expenses of the committee in the administration of the plan. The committee may employ such advisors as it may require in carrying out the provisions of the plan, and pay the salaries, wages, fees, commissions and charges incurred thereby from the fund, unless such expenses are paid by the city. G) The committee shall have the duty and authority to interpret and construe the provisions of the plan, to decide any disputes which may arise with regard to the rights of employees, participants, beneficiaries or contingent annuitants under the terms of the plan, and in general, to direct the administration of the plan. However, the committee shall have no power to modify, alter, add to or subtract from any provisions of the plan. (k) All disbursements from the fund, except for the administrative expenses charged to it by the trustee, shall be made upon, and in accordance with, the written directions of the committee. (1) The committee shall prepare and distribute to the participants, at the expense of the city and in such manner as it shall deem appropriate, information concerning the plan. (m) A certification in writing by the committee, signed by a duly authorized member thereof to the occurrence or happening of any event contemplated in the plan shall constitute conclusive evidence of such occurrence or happening and the trustee shall be fully protected in accepting and relying on such certification and shall incur no liability or responsibility by so doing. (n) The committee shall establish rules and procedures to be followed by the participants and contingent annuitants or beneficiaries in filing applications for benefits and for furnishing and verifying proofs necessary to establish age, years of credited service, compensation, accumulated contributions and any other matters required in order to establish the rights to benefits in accordance with the plan. (0) The committee shall receive all applications for benefits. Upon receipt by the committee of such an application, it shall determine all facts which are necessary to establish the rights of the applicants to benefits under the provisions of the plan and the amount thereof as herein provided. Upon request, the committee will afford any applicant the right of a hearing with respect to any finding or fact or determination. (P) The decision of the committee in any matter within its jurisdiction shall be final, binding and conclusive upon the city and upon each employee, participant, beneficiary, contingent annuitant and other party interested or concerned. Any decision made by the committee in its administration of the plan shall be made on a uniform, equitable and nondiscriminatory basis, equally applicable to all participants in like circumstances. (q) No member of the committee who is a participant of the plan shall have the right to vote or decide upon any matter relating solely to himself or to any of his rights or benefits under the plan. (r) To enable the committee to perform its functions, the city shall supply full and timely information to the committee of all matters relating to all participants, their length of service, their retirement, death or other cause for termination of employment, and such other pertinent facts as the committee may require for the effective discharge of its duties; and the committee shall advise the trustee of such of the foregoing facts as may be pertinent to its administration of the fund. (s) The committee shall adopt from time to time mortality tables and all other necessary factors for use in all actuarial calculations required in connection with the plan except for such calculations required to determine the city's contributions under this article. (t) Members of the committee and the city shall be entitled to rely upon all tables, valuations, certificates and reports furnished by an actuary designated by the committee or council, upon all certificates and reports made by an accountant selected or approved by council, and upon all opinions given by any counsel selected or approved by council; the members of the committee and council and the trustee shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such actuary, accountant or counsel, and any action so taken or suffered shall be conclusive upon each of them and upon all employees, participants or other persons interested in the plan. (u) The members of the committee, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the plan and the city shall indemnify and save them and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct or gross negligence. (Code 1978, S 17-237; Ord. No. 2000-29, 11-28-2000; Ord. No. 2002-11, 6-11-2002) Cross references: Boards and commissions, S 2-211 et seq. BE IT FUTHER ORDAINED that this ordinance shall become effective upon adoption as provided by law. INTRODUCED: May 12, 2009 PUBLIC HEARING: May 26, 2009 ENACTED: May 26, 2009 ATTEST: ../1~ -I/~ / ! . ! / ( City Clerk Vote Councilmember Cross Councilman Drummond Councilman Greenfield Councilman Meyer Councilman Rasmussen Councilman Stombres Absent Aye Absent Aye Aye Aye o~'- 01~ <J I ate