Berkeley Municipal Code Art. 9 Miscellaneous

Under no circumstances shall any part of the corpus or income of the trust revert to or be recoverable by the employer or be used for or divert to any purpose other than the exclusive benefit of participants, former participants or their beneficiaries, except as provided in Sections 4.39.304 and 4.39.907. (Ord. 6837-NS § 1 (part), 2005)

Nothing herein contained shall in any way be construed to limit or affect the relationship between the employer and its police employees or to affect the employer’s right to discharge any participant at any time with or without cause, or to increase or to decrease the salary or other compensation of any participant or other police employee. The relationship of employer and police employee existing between the employer and its respective employees shall continue in the same manner as though this plan and trust had not been executed. (Ord. 6837-NS § 1 (part), 2005)

The employer does not guarantee the trust, the participants, former participants or their beneficiaries against loss of or depreciation in value of any right or benefit they or any of them may acquire under the terms of this plan and trust. All of the benefits payable hereunder shall be paid or provided for solely from the trust and the employer does not assume any liability or responsibility therefore. (Ord. 6837-NS § 1 (part), 2005)

All amounts payable by the trustee shall be paid in accordance with the provisions of the plan and pursuant to the directions of the committee only to the person or persons entitled thereto pursuant to the plan and the trust, and all such payments shall be made directly to or for the benefit of such person or persons so that said payments may not be and the same shall not be liable for the debts, contracts or engagements of any such person or persons, or taken in execution by attachment or garnishment or by any other legal or equitable proceeding. No participant or other person entitled to receive payment hereunder shall have any right to alienate, anticipate, commute, pledge, encumber or assign any such payments or any benefit accorded to such participant or such other person under the plan and the trust except to discharge obligations to the employer. Prior to distribution in accordance with the terms of the plan and the trust the interest of any participant, former participant or beneficiary shall be solely the right to enforce the provisions of the plan and the trust.

Notwithstanding the above, the plan shall comply with the requirements of any qualified domestic relations order as set forth in Section 414(p) of the Code. (Ord. 6837-NS § 1 (part), 2005)

No person shall have any legal or equitable right or claim against the employer, the committee or the trustee unless the right or claim is specifically provided in this plan and trust. No interested party may bring any action in any court on any matter arising out of this plan and trust the determination of which is otherwise provided herein, until the procedure provided herein shall have been exhausted and a decision made with respect to it; and then the only action which may be brought is to enforce the decision. (Ord. 6837-NS § 1 (part), 2005)

If any provision or provisions of this plan shall be for any reason invalid or unenforceable, unless the effect thereof would be to alter materially or defeat the purposes hereof, the remaining provisions shall nevertheless be carried into effect. (Ord. 6837-NS § 1 (part), 2005)

It is intended that this plan and the trust qualify under Sections 401(a) and 501(a) of the Code or any statute of similar import. In the event, however, of a final determination that the plan and trust fail to qualify initially, the employer shall be entitled at its option to withdraw all contributions theretofore made by it together with any income received or accrued thereon less any benefits or expenses paid, and the plan shall then terminate and all rights of the participants thereunder shall cease with the same effect as if the plan had never been adopted. (Ord. 6837-NS § 1 (part), 2005)

The interpretation that favors the plan and trust as a tax-free employee retirement plan and the contributions of the employer as items deductible from net income shall govern any interpretation that concerns the taxability of the trust; for all other purposes the plan and trust shall be construed, regulated and administered and all matters affecting its validity and construction shall be determined under the laws of the State of California and all contributions received by the trustee shall be deemed to have been received within the State of California. (Ord. 6837-NS § 1 (part), 2005)

For the convenience of the parties hereto this plan and trust agreement have been executed in counterparts each of which is complete in itself and shall be considered to be the original plan and trust agreement and may be introduced in evidence and used for any purpose without the production of any other counterpart. (Ord. 6837-NS § 1 (part), 2005)

Notwithstanding any other provision of the plan to the contrary, contributions, benefits, and service credit with respect to qualified military service shall be provided in accordance with Code Section 414(u). In addition, loan repayments may be suspended under the plan as permitted by Code Section 414(u). (Ord. 6837-NS § 1 (part), 2005)

The plan is a "profit sharing" plan for purposes of designation under the Internal Revenue Code adopted for the exclusive benefit of the City of Berkeley’s employees who are represented by the Berkeley Police Association. (Ord. 6837-NS § 1 (part), 2005)