Berkeley Municipal Code Art. 3 Contributions

For each plan year the employer shall contribute to the trust an amount equal to 6.7% of the compensation for services other than as a police employee of each participant who was an employee during that plan year, however, the contribution for a plan year (including any contributions made to the Supplementary Retirement and Income Plan I) for any participant shall not exceed $2,170.80. Effective January 1, 1989, for each plan year, the employer shall contribute to the trust an amount equal to 2% of the compensation paid to a participant for services as a police employee during that plan year, however, the contribution for a plan year for any such participant shall not exceed $648.

The contribution for each plan year shall be made as soon as practicable following payment of compensation to the participant. The trustee shall not be under any duty to inquire as to the correctness of the contribution and the determination of the amount as hereinabove provided shall be final and binding upon all persons. (Ord. 6748-NS § 1, 2003)

In no event shall any contribution by the employer to the trust or income therefrom revert to the employer except as provided in Sections 4.38.304, 4.38.807 or 4.38.904. All amounts paid by the employer to the trust shall be used and applied for the exclusive benefit of the participants or their beneficiaries or estates. (Ord. 6748-NS § 1, 2003)

Participants shall not make contributions to this plan. (Ord. 6748-NS § 1, 2003)

If the employer shall make a contribution for this plan on the basis of a fact, or facts, which prove to be erroneous, any amount which would not have been contributed based on the correct facts may be returned to the employer at its request within one year following the date of the contribution. Any losses of such refundable contribution shall reduce the amount of refund, but gains thereon shall not increase the amount of refund. (Ord. 6748-NS § 1, 2003)