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. (Ord. 6837-NS § 1 (part), 2005)

"Beneficiary" shall mean any person who, under this plan, becomes entitled to any benefits upon the death of a participant or former participant. (Ord. 6837-NS § 1 (part), 2005)

"Code" shall mean the Internal Revenue Code of 1986, as amended. (Ord. 6837-NS § 1 (part), 2005)

"Committee" shall mean the investment plans committee appointed under the provisions of Article 7 to administer this plan in accordance with its provisions. The committee shall be the plan administrator. (Ord. 6837-NS § 1 (part), 2005)

"Compensation" shall mean the total amount of a police employee’s compensation while a participant 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 any amount that is not includable in the participant’s taxable gross income pursuant to Section 132(f) of the Code. Notwithstanding the above, compensation taken into account for this plan shall not exceed the limit set forth in Section 401(a)(17) of the Code including any adjustments thereto because of changes in the cost of living. (Ord. 6837-NS § 1 (part), 2005)

"Council" shall mean the City Council of the City of Berkeley. (Ord. 6837-NS § 1 (part), 2005)

The "effective date" of this plan is January 1, 2005. (Ord. 6837-NS § 1 (part), 2005)

"Employer" shall mean the City of Berkeley. "Employee" shall mean any person who is employed by the employer. (Ord. 6837-NS § 1 (part), 2005)

"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. 6837-NS § 1 (part), 2005)

"Fiscal year" shall mean the accounting period of the employer. (Ord. 6837-NS § 1 (part), 2005)

"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 § 4, 2019; Ord. 6837-NS § 1 (part), 2005)

"Highly compensated employee" shall mean any police employee who performs services for the employer during the plan year and who received compensation from the employer during the look-back year in excess of $80,000 (as adjusted pursuant to Code Section 415(d)); and was in the top paid group of employees for the look-back year.

For the purposes of this section:

The term "compensation" shall have the meaning given such term by Code Section 415(c)(3).

The term "look-back year" shall mean the 12 consecutive month period immediately preceding the plan year.

The term "top paid group" shall mean the top 20% of active employees ranked on the basis of compensation received from the employer during the plan year. Employers aggregated under Code Section 414(b), (c), (m), (n), or (o) shall be treated as a single employer. The determination of who is a highly compensated employee, including the determination of the identity of the employees in the top paid group and the compensation that is considered, will be made in accordance with Code Section 414(q) and the regulations thereunder, except as specifically provided to the contrary in Code Section 401(a)(17). (Ord. 6837-NS § 1 (part), 2005)

"Participant" shall mean each police employee who qualifies in the manner as set forth in Article 2 hereof. "Inactive participant" shall mean a person designated in Section 4.39.203 below. (Ord. 6837-NS § 1 (part), 2005)

"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. 6837-NS § 1 (part), 2005)

"Plan" shall mean the City of Berkeley Supplementary Retirement and Income Plan III as herein set forth or as amended from time to time. (Ord. 6837-NS § 1 (part), 2005)

"Plan year" shall mean the initial period, which begins on the effective date hereof and ends on December 31, 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. 6837-NS § 1 (part), 2005)

"Police employee" shall mean any person who is employed by the employer and who is represented by the Berkeley Police Association. (Ord. 6837-NS § 1 (part), 2005)

"Related plan" shall mean any other defined contribution plan (as defined in Section 415(k) of the Code) other than this plan, maintained by the employer including, if applicable any welfare benefit fund that is defined in Section 419(e) of the Code. (Ord. 6837-NS § 1 (part), 2005)

"Required beginning date" shall mean April 1 of the calendar year following the calendar year in which occurs the later of (1) the participant’s termination of employment with the employer, or (2) the calendar year in which the participant attains age seventy and one-half. (Ord. 6837-NS § 1 (part), 2005)

"Service" shall mean employment of a police employee with the employer during the time that they are a police employee. (Ord. 6837-NS § 1 (part), 2005)

"SRIP II" shall mean the City of Berkeley Supplementary Retirement and Income Plan II. (Ord. 6837-NS § 1 (part), 2005)

"Trust" shall mean the trust established pursuant to the trust agreement. For purposes of this plan, an annuity contract that meets the requirements of Code Section 401(f) shall be treated as a trust. (Ord. 6837-NS § 1 (part), 2005)

"Trust agreement" shall mean the trust agreement between the employer and the trustee, which holds the assets of this Plan. (Ord. 6837-NS § 1 (part), 2005)

"Trustee" shall mean the person or persons or corporation or any successor in interest having trust powers and acting under the trust agreement. (Ord. 6837-NS § 1 (part), 2005)