Berkeley Municipal Code Art. 1 Definitions

The following words and phrases as used in this plan shall have the meanings set forth in this article, unless a different meaning is clearly required by the context.

"Beneficiary" shall mean any person who, under this plan, becomes entitled to any benefits upon the death of a participant or former participant. (Ord. 6747-NS § 1, 2003)

"Committee" shall mean the Investment Plans Committee appointed under the provisions of Article 8 to administer this plan in accordance with its provisions. The committee shall be the plan administrator for the purposes of Section 3(16) of the Employee Retirement Income Security Act of 1974 (ERISA). (Ord. 6747-NS § 1, 2003)

"Compensation" shall mean the total amount of an employee’s annual compensation as reported for W-2 purposes before any payroll deductions for income tax, amounts elected to be deferred under any deferred compensation plan, group insurance, or for any other purpose, and effective for plan years beginning on and after January 1, 2001, including any amount that is not includible in the participant’s taxable gross income pursuant to Section 132(f) of the Internal Revenue Code, but excluding payments which would not be subject to FICA tax if the dollar limitation of Section 3121(a) did not apply and if the employer were covered by the Federal Social Security System, contributions by the employer under this plan, group insurance, retainer fee under contract, or the like. Notwithstanding the foregoing, the annual compensation of each participant taken into account in any Plan Year beginning after December 31, 2001 shall not exceed $200,000 adjusted for cost-of-living increases in accordance with Section 401(a)(17)(B) of the Code. (Ord. 7583-NS § 1, 2017)

"Council" shall mean the City Council of the City of Berkeley. (Ord. 6747-NS § 1, 2003)

"Effective date." The original plan was effective January 1, 1983. The effective date of this amended and restated plan is January 1, 2001, except as otherwise specifically provided. (Ord. 6747-NS § 1, 2003)

"Employee" shall mean any person who is employed by the employer and who is covered under the City’s miscellaneous employees contract with the Administration of the State of California Public Employees Retirement System. (Ord. 6747-NS § 1, 2003)

"Employer" shall mean the City of Berkeley. (Ord. 6747-NS § 1, 2003)

"Fiduciary" shall mean any person who exercises any discretionary authority or discretionary control respecting the management or disposition of plan assets, renders any investment advice for a fee or other compensation, or exercises any discretionary authority or responsibility for plan administration. The trustee, employer, and any other person who meets this definition will be considered a fiduciary; provided, however, that participants who elect to direct their investments as provided in this plan shall not, solely by virtue of such direction and control, be considered fiduciaries of the plan. For purposes of the plan, the employer shall be the plan fiduciary. (Ord. 6747-NS § 1, 2003)

"Fiscal year" shall mean the accounting period of the employer. (Ord. 6747-NS § 1, 2003)

"Gender." Whenever a personal pronoun is used in the neutral gender, it shall be deemed to include the feminine and masculine also. "They/them" shall indicate a singular individual, unless the context indicates the contrary. (Ord. 7670-NS § 2, 2019; Ord. 6747-NS § 1, 2003)

"Participant" shall mean each employee who qualifies in the manner as set forth in Article 2 hereof. (Ord. 6747-NS § 1, 2003)

"PERS" shall mean the Public Employees Retirement System of the State of California, as now in effect and as amended from time to time. (Ord. 6747-NS § 1, 2003)

"Plan" shall mean the City of Berkeley Supplementary Retirement and Income Plan I as herein set forth or as amended from time to time. (Ord. 6747-NS § 1, 2003)

"Plan year" shall mean the initial period, which begins on the effective date hereof and each successive 12-month period thereafter, which ends with December 31, or, if earlier, when the plan terminates in accordance with its terms. (Ord. 6747-NS § 1, 2003)

"Service" shall mean employment of an employee with the employer. (Ord. 6747-NS § 1, 2003)

"Trust" shall mean the trust established pursuant to the trust agreement. (Ord. 6747-NS § 1, 2003)

"Trust agreement" shall mean the trust agreement between the employer and the trustee. (Ord. 6747-NS § 1, 2003)

"Trustee" shall mean the person or persons or corporation or any successor in interest having trust powers and acting under the trust agreement. (Ord. 6747-NS § 1, 2003)