Berkeley Municipal Code Art. 7 Administration of the Plan

The plan shall be administered by an investment plans committee. The committee shall consist of nine individuals who are employees. One member of the committee and an alternate shall be appointed by each of the following:

A. The City Manager;

B. The City Auditor;

C. Public Employees Unit, Local 1;

D. Service Employees International Union Local 790, AFL-CIO, Maintenance Chapter;

E. International Brotherhood of Electrical Workers, Local 1245;

F. Social Services Union, Local 535;

G. Unrepresented employees;

H. Berkeley Police Association;

I. Service Employees International Union Local 790, AFL-CIO, Clerical Chapter.

The City Manager shall certify to the trustee the names and specimen signatures of the members and alternate members of the committee. As members are replaced and appointed, such changes shall be certified to the trustee in the same manner. (Ord. 6837-NS § 1 (part), 2005)

The committee shall adopt rules and regulations for the administration of the plan consistent with the terms of the plan. The member appointed by the City Manager shall be the chairperson and the members may appoint a secretary or one or more agents, any of whom may, but need not be, a member. The trustee may rely in good faith on any directions signed by the chairperson.

The actions of five members or their alternates present at a meeting shall constitute the action of the committee and shall be final and conclusive regarding the exercise of its authority under the terms of the plan.

The committee shall maintain full and complete written records of its deliberations and decisions. In any exercise of discretion the committee shall treat persons similarly situated in a similar manner and shall not discriminate in favor of employees who are officers, shareholders, supervisory personnel or are highly compensated. No member of the committee shall vote on any matter pertaining specifically to such member’s status or benefit under the plan. Any such action shall be decided by the majority of the remaining members. (Ord. 6837-NS § 1 (part), 2005)

Subject to the limitations of the terms of the plan, the committee may from time to time establish rules for the performance of its functions and the administration of the plan.

The committee shall have all powers necessary to supervise the administration of the plan and control its operation in accordance with its terms, including, but not by way of limitation, the following powers:

A. To interpret the provisions of the plan and to determine any questions arising under the plan, or in connection with the administration or operation thereof;

B. To determine all considerations affecting the eligibility of any employee to be or become a participant in the plan;

C. To compute the amount of benefit, or other sum, payable under the plan to any person;

D. To authorize and direct all disbursements of benefits and other sums under the plan;

E. To comply with any reporting and disclosure requirements by the federal government or by any state or local government;

F. To establish appropriate procedures to prevent the plan from engaging in prohibited transactions as described in Section 503(b) of the Internal Revenue Code;

G. To assure that the bonding requirements imposed by any state or local government, and those which would be imposed if the plan were subject to Section 412 of the Employee Retirement Income Security Act of 1974, are satisfied;

H. To maintain appropriate records for the carrying out of the operation of the plan;

I. To employ such counsel and agents and to obtain such clerical, legal and other services as it may deem necessary or appropriate in carrying out the provisions of the plan;

J. To direct the trustee in the management and control of plan assets by written notice to the trustee that it has assumed such directional authority in accordance with the trust agreement;

K. To select investment vehicles for plan assets and permit participants to choose from among these vehicles as provided in Section 4.39.409.

Decisions and determinations of the committee not inconsistent with the provisions of the plan shall be binding and conclusive on all interested persons.

In carrying out its duties under the plan, including making benefit determinations, interpreting and construing the terms of the plan, and resolving disputes, the committee shall have absolute discretionary authority. (Ord. 6837-NS § 1 (part), 2005)

Any person whose claim for benefits under the plan has been denied in whole or in part shall receive a written notice from the committee setting forth the specific reasons for such denial, specific references to the plan provisions on which the denial was based and an explanation of the procedure for review of the denial.

Such person, or such person’s duly authorized representative, may appeal to the committee for a review of the denial by sending to the committee a written request for review within 60 days after receiving notice of the denial. The committee shall give the claimant the opportunity to review pertinent documents in preparing such request. The request for review shall set forth all grounds on which it is based, together with supporting facts and evidence, which the claimant deems pertinent. The committee may require the claimant to submit such additional facts, documents or other material as it deems necessary or advisable in making its review of the denial. Within 60 days after the receipt of the request for review, the committee shall communicate its decision to the claimant in writing, and if the committee confirms the denial, in whole or in part, the communication shall set forth the reasons for the decision and specific references to the plan provisions on which the decision is based. (Ord. 6837-NS § 1 (part), 2005)

If any person to whom any payment shall be due under the plan shall be a minor, or shall be or become, in the judgment of the committee, physically or mentally incompetent, the committee shall have the right to determine to whom such payments shall be made for the benefit of such person. Written receipt of a person to whom any such payment is made shall be a complete discharge of the obligation for any sum paid. (Ord. 6837-NS § 1 (part), 2005)

The committee shall make available at the office of the employer a copy of this plan for examination by participants, and at least once a year shall cause written notification to be given to each participant of the amount in such participant’s account. (Ord. 6837-NS § 1 (part), 2005)

The members of the committee shall serve without compensation for services as such, but all expenses of the committee, including the compensation of accountants, advisers, actuaries and attorneys, and other costs of administering the plan shall be paid by the trustee out of the trust, or upon direction by the employer, by the employer. (Ord. 6837-NS § 1 (part), 2005)